HomeMy WebLinkAboutAgreement A-23-075 with City of Firebaugh.pdf Agreement No. 23-075
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT WITH CITY OF FIREBAUGH, A NON-ENTITLEMENT UNIT OF
3 LOCAL GOVERMENT
4 THIS AGREEMENT ("Agreement") is made and entered into this 28th day of February
5 2023 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
6 California ("COUNTY'), and the CITY OF FIREBAUGH, a California municipal corporation and general law
7 city with an office at 1133 "P" Street, Firebaugh, CA 93622 ("SUBRECIPIENT').
8 WITNESSETH:
9 WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act of
10 2021 ("ARPA") which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
11 Program; and
12 WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for
13 the following eligible purposes, outlined in the Interim Final Rule and Final Rule as follows (each an
14 "Eligible Use," collectively "Eligible Uses"):
15 (1) To respond to the COVID-19 public health emergency or its negative economic impacts;
16 (2) To respond to workers performing essential work during the COVID-19 public health
17 emergency;
18 (3) For the provision of government services to the extent of the reduction in revenue due to
19 the COVID-19 public health;
20 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
21 WHEREAS, the ARPA defines "Non-entitlement units of local government" (NEUs)to mean a "city"
22 as that term is defined in Section 102(a)(5) of the Housing and Community Development Act of 1974, (42
23 U.S.C. 5302 (a)(5), that is not a metropolitan city; and
24 WHEREAS, the SUBRECIPIENT, an NEU, and also a recipient of SLFRF, received a direct
25 allocation from the United States Department of the Treasury(Treasury) in the amount $1,984,580, subject
26 to the SLFRF award terms and conditions required by the Treasury; and
27 WHEREAS, under Section 602(c)(3) and 603(c)(3) of the ARPA, the COUNTY, a recipient of
28 SLFRF, may transfer SLFRF to other constituent units of government, including other SLFRF recipients, for
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1 that unit of government to carry out an eligible use of funds by the transferor, provided that the County
2 receives a benefit proportionate to the amount transferred; and
3 WHEREAS, the SUBRECIPIENT provides potable water supply through a public distribution
4 system consisting of six active groundwater wells, booster pumps, two different water treatment sites, three
5 water storage tanks, and approximately 35 miles of distribution pipelines that serves approximately 1,642
6 active service connections consisting of domestic, commercial, and industrial users in an area with an
7 estimated population of 8,126 residents; and
8 WHEREAS, the SUBRECIPIENT is identified in Qualified Census Tracts (QTCs: 06019008403,
9 8301, and 8303) as designated by the Department of Housing and Urban Development, and is considered
10 a disadvantaged community, with a reported median household income of$36,667; and
11 WHEREAS, the SUBRECIPIENT is located within the boundaries of the COUNTY, and the
12 SUBRECIPIENT provides potable water supply through contract with the Las Deltas Mutual Water
13 Company to the unincorporated community of Las Deltas, a sparsely populated rural residential community
14 located south of the SUBRECIPIENT's city limits, which consists of 107 service connections that serve
15 approximately 375 residents of the COUNTY; and
16 WHEREAS, the SUBRECIPIENT represents that in 2017, Self-Help Enterprise conducted a door-
17 to-door survey that targeted 61 rural residential homes in the community of Las Deltas that showed that
18 over 70% of the residents of the surveyed homes were Hispanic and 30% were Caucasians, and the
19 reported median household income averaged $34,458; and
20 WHEREAS, the COUNTY has a vested interest in ensuring that all individuals in the COUNTY have
21 access to safe, clean, affordable, and access to a reliable potable water supply within the COUNTY's
22 boundaries; and
23 WHEREAS, during the course of the COVID-19 pandemic, California's severe drought has
24 impacted San Joaquin Valley's rural communities the most, in particular, rural public water systems that
25 solely rely on groundwater pumping to serve its residents and rate payers; and
26 WHEREAS, the Final Rule has designated necessary investment in water infrastructure to be one
27 that meets the eligibility requirements of the Drinking Water State Revolving Fund (DWSRF) as
28 implemented by the Environmental Protection Agency (EPA), including the DWSRF eligible project
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1 category of storage; and
2 WHEREAS, the SUBRECIPIENT represents that it owns a 500,000 gallon water storage tank
3 (Tank) located in the SUBRECIPIENT's city limits near the Main Canal, south of Nees Avenue and north
4 of Main Street, that provides storage for water supply that is pumped and sold to the rate payers in the
5 community of Las Deltas; and
6 WHEREAS, the SUBRECIPIENT represents that the Tank, pumps, and transmission mains
7 used to supply potable water to the community of Las Deltas are well past their useful lives; the Tank
8 has visible damage and the roof continues to deteriorate, and SUBRECIPIENT represents that storage
9 has been significantly reduced to mitigate further damage, and to reduce the risk of compromising the
10 Tank's integrity, which has the potential to become an immediate threat to the community of Las Deltas
11 water supply; and
12 WHEREAS, the SUBRECIPIENT represents that the proposed infrastructure improvement meets
13 the eligibility requirements of the DWSRF under the water storage facilities for disadvantaged
14 communities, as it would fund expenditures for the construction and replacement of the Tank, which is
15 designed to increase the SUBRECIPIENT's water storage capacity and correct the water system
16 pressure deficiency during peak hours in the community of Las Deltas; and
17 WHEREAS, the Treasury interprets "necessary" investment in infrastructure in the Final Rule to
18 mean: 1) responsive to an identified need to achieve or maintain an adequate minimum level of service,
19 which for some eligible project categories may include a reasonable projection of increased need,
20 whether due to population growth or otherwise and, 2) a cost-effective means for meeting that need,
21 taking into account available alternatives; and
22 WHEREAS, the SUBRECIPIENT represents that it is responsible to operate public water system
23 number CA-1010005, which is regulated and permitted by Order Number 03-23-11 PA-006 issued by the
24 State Water Resources Control Board, Division of Drinking Water; and,
25 WHEREAS, the transfer of SLFRF to SUBRECIPIENT under this Agreement is intended to support
26 a strong and equitable recovery from the COVID-19 pandemic and economic downturn by making
27 necessary investments in water infrastructure that support impacted communities, which will increase water
28 storage capacity, correct low water pressure deficiency in the community of Las Deltas, and also improve
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1 the community's resiliency to the effects of climate change, including drought; and
2 WHEREAS, based on the SUBRECIPIENT's representations, COUNTY will transfer SLFRF to
3 SUBRECIPIENT so that the SUBRECIPIENT may fund the project administration, bid support,
4 construction cost, supportive services, construction inspections, and easement applications for the
5 replacement of the Tank. The Program is designed to increase the SUBRECIPIENT's water storage
6 capacity and correct the water system pressure deficiency during peak hours in the community of Las
7 Deltas, and will provide water storage for drought resiliency ("Program"); and
8 WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is an
9 eligible use of SLFRF under the ARPA, in reliance on information provided by SUBRECIPIENT; and
10 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
11 COUNTY may transfer SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures,
12 including an Eligible Use of SLFRF, as permitted under the Interim Final Rule and Final Rule.
13 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
14 contained, the parties hereto agree as follows:
15 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
16 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
17 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
18 correct, and that COUNTY may rely upon each of those representations in transferring the SLFRF to
19 SUBRECIPIENT under this Agreement.
20 B. SUBRECIPIENT acknowledges that the SLFRF transferred under this Agreement
21 is a transfer of SLFRF up to the amount stated herein to carry out the Program.
22 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
23 award may only be spent on documented Eligible Uses in compliance with the ARPA, the United States
24 Department of the Treasury ("TREASURY") regulations implementing section 602 and 603 of the ARPA,
25 and guidance issued by the TREASURY regarding the foregoing.
26 D. SUBRECIPIENT represents that it will use the SLFRF transferred under this
27 Agreement to fund the Program's project administration, bid support, construction cost, supportive
28 services, construction inspections, and easement applications for the replacement and construction of a
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1 new water storage tank which would benefit the residents in the community of Las Deltas. The Program
2 is necessary to increase the SUBRECIPIENT's water storage capacity and correct the water system
3 pressure deficiency during peak hours in the community of Las Deltas, and will provide adequate water
4 storage for drought resiliency.
5 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
6 by furnishing to the COUNTY the services described in Exhibit A, Program Description, which is
7 attached and incorporated by this reference.
8 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
9 to ensure that SLFRF transferred under this Agreement are spent in compliance with all ordinances of
10 the County of Fresno, SUBRECIPIENT's ordinances, and laws of the State of California, and all laws of
11 the Federal government. This includes, but is not limited to, compliance with all requirements set forth in
12 the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
13 2 CFR Part 200, the TREASURY's Compliance and Reporting Guidance: State and Local Fiscal
14 Recovery Funds ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus
15 State and Local Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before
16 April 1, 2022) and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any
17 subsequent updates, including TREASURY's Frequently Asked Questions. The award terms and
18 conditions required by the TREASURY are set forth in Exhibit F, which is attached and incorporated by
19 this reference, as provided by the TREASURY. Notwithstanding anything provided in Section 8 of this
20 Agreement, or in this Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under
21 this Section 1(F).
22 G. Prevailing Wage.
23 a. For any portion of any of the work, service, and/or function (including, but
24 not limited to, any construction, alteration, installation, demolition, repair, or maintenance work), to be
25 performed, either directly or on behalf of SUBRECIPIENT under any agreements with any contractors
26 and/or suppliers (including their respective sub-contractors at any tier) or otherwise, with respect to the
27 Program that is a "public work" for the purposes of Chapter 1 (commencing with § 1720) of Part 7 of
28 Division 2 of the California Labor Code (collectively, "Chapter 1 of the Labor Code"), (i) SUBRECIPIENT
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1 shall comply with, and cause all such contractors and/or suppliers (including their respective sub-
2 contractors at any tier) to comply with, all applicable provisions of Chapter 1 of the Labor Code with
3 respect to the Program, and (ii) prior to causing any work to be performed under any agreements with
4 any contractors and/or suppliers, or otherwise, SUBRECIPIENT shall incorporate all of the provisions of
5 this Section 1(G) into such agreements.
6 b. SUBRECIPIENT shall promptly provide a copy to COUNTY of any
7 correspondence, notices, and/or orders, in any written form, and/or any documents initiating legal action
8 (collectively, "DIR Administrative or Legal Action") by or on behalf of the Director of the Department of
9 Industrial Relations of the State of California, including any representative thereof(collectively, the
10 "DIR") to or against SUBRECIPIENT, and SUBRECIPIENT's written responses, in any written form,
11 thereto, that relate to any work, or any portion thereof, provided however, SUBRECIPIENT's provision of
12 such copy of any DIR Administrative or Legal Action, and/or SUBRECIPIENT's responses thereto, or
13 failure to provide same or to timely provide same, shall not impose any obligation upon COUNTY with
14 respect to SUBRECIPIENT's obligations under this Section 1 (G). SUBRECIPIENT acknowledges that
15 the DIR provides the following internet resource:
16 ittps://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
17 C. COUNTY does not make any representation, or provide any guidance, to
18 SUBRECIPIENT as to (i) the nature, type, or scope of the work, or any portion thereof, to be performed
19 by SUBRECIPIENT, either directly or under any agreements with any contractors and/or suppliers
20 (including their respective sub-contractors at any tier), that constitutes a "public work," or (ii) the
21 sufficiency of the DIR's internet resource, above, for purposes of compliance with this Section 1(G). The
22 provisions of this Section 1 (G) shall survive the termination of this Agreement.
23 H. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken
24 and completed, and all SLFRF transferred under this Agreement are fully expended, no later than
25 December 31, 2026. By August 31, 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY
26 in writing, whether it can complete the Program or fully expend the SLFRF transferred under this
27 Agreement by December 31, 2026. If SUBRECIPIENT is not capable of completing the Program or fully
28 expending the SLFRF transferred under this Agreement on the Program by December 31, 2026,
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1 SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a
2 permissible use, to COUNTY within fifteen calendar days. Additionally, SUBRECIPIENT shall account
3 for all SLFRF which have not been bindingly obligated to a permissible use by December 31, 2024, and
4 shall remit the same unobligated SLFRF to the COUNTY within thirty calendar days.
5 I. No Litigation. SUBRECIPIENT shall not use any SLFRF transferred by the
6 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
7 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
8 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
9 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
10 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
11 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
12 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
13 J. SUBRECIPIENT agrees that if the SUBRECIPIENT receives SLFRF from any
14 other local or state entity for all or any part of the Program for which the SUBRECIPIENT has received
15 SLFRF from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing
16 within five (5) business days. The SUBRECIPIENT agrees that it may be required to return all or part of
17 the SLFRF received from the COUNTY if the total amount of SLFRF from all local and state entities
18 exceeds the Program's budget, and if the SUBRECIPIENT does not intend to expand the Program.
19 K. None of the personnel employed in the administration of the Program shall be in
20 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
21 5, U.S. Code, as applicable.
22 L. None of the SLFRF to be transferred under this Agreement shall be used for any
23 partisan political activity, or to support or defeat legislation pending before Congress.
24 2. PROCUREMENT REQUIREMENTS
25 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
26 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
27 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
28 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
1 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR§
2 200.321.
3 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
4 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
5 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
6 D. SUBRECIPIENT agrees to prioritize in its procurement decisions employers who can
7 demonstrate that their workforce meets high safety and training standards (e.g., professional certification,
8 licensure, and/or robust in-house training), that hire local workers and/or workers from historically
9 underserved communities, and who directly employ their workforce or have policies and practices in place
10 to ensure contractors and subcontractors meet high labor standards, and to prioritize employers (including
11 contractors and subcontractors) without recent violations of federal and state labor and employment laws.
12 E. All contracts made by SUBRECIPIENT in excess of$100,000 with respect to water,
13 sewer, or broadband infrastructure projects that involve employment of mechanics or laborers must include
14 a provision for compliance with certain provisions of the Contract Work Hours and Safety Standards Act, 40
15 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
16 3. REPORTING REQUIREMENTS
17 A. SUBRECIPIENT, as a direct recipient of SLFRF, is required to track eligible
18 expenditures and routinely submit Project and Expenditure Reports, including Quarterly Expenditure
19 Reports, Annual Performance Reports, and Final Report directly to the TREASURY for the
20 implementation of the Program.
21 B. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit a copy of
22 its Project and Expenditure Report specific to this Program to the COUNTY's designated contact, as
23 designated by the COUNTY's County Administrative Officer in writing at the execution of this
24 Agreement, and Quarterly Program Expenditure Reports through the term of this Agreement as
25 provided by this Section 3(A). The reports shall contain, but are not limited to, the information described
26 in Exhibit C, which is attached and incorporated by this reference, and must include a statement, signed
27 by the SUBRECIPIENT, indicating that all expenditures in the report comply with the Interim Rule and
28 the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as set forth by the TREASURY.
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1 Quarterly expenditure reports shall be submitted to COUNTY no later than fifteen (15) days after the end
2 of each quarter listed below for the term of this Agreement, beginning with the first quarter ending after
3 the Effective Date:
4 1) January 1 — March 31, due by April 15
5 2) April 1 — June 30, due by July 15
6 3) July 1 — September 30, due by October 15
7 4) October 1 — December 31, due by January 15
8 C. Annual Performance Report: Within fifteen (15) days after each June 30,
9 SUBRECIPIENT shall submit a copy of its "Annual Performance Report" to the COUNTY, covering all
10 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30th. The
11 report shall contain, but not be limited to, the information contained in Exhibit D, which is attached and
12 incorporated by this reference.
13 D. Final Report: SUBRECIPIENT shall submit a copy of its Final Program Report
14 within thirty (30) days upon completion of the Program. A Final Report shall include an accounting of all
15 costs and expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems
16 necessary to facilitate closeout of the Program, and ensure COUNTY's obligations and requirements
17 under the SLFRF Program are met. The Final Program Report is not complete until COUNTY has
18 delivered to SUBRECIPIENT written acceptance of the Final Program Report.
19 4. NONDISCRIMINATION
20 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
21 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
22 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
23 employee, applicant for employment or person receiving services under this Agreement because of race,
24 religious creed, color, national origin, ancestry, physical or mental disability including perception of
25 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
26 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
27 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
28 shall comply with all applicable Federal, State and local laws and regulations related to nondiscrimination
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1 and equal opportunity, including, without limitation, the COUNTY's non discrimination policy; Title VI of the
2 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
3 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
4 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VI II of the Civil
5 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
6 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
7 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
8 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
9 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
10 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
11 activities, and services provided or made available by state and local governments or instrumentalities or
12 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
13 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
14 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
15 Federal Regulations.
16 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
17 this Section 4 in all subcontracts to perform work under this Agreement.
18 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
19 opportunity to express, and have considered, their views, grievances, and complaints regarding
20 SUBRECIPIENT's delivery of services.
21 5. CONFLICTS OF INTEREST; ETHICS
22 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
23 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
24 activity funded under this award. SUBRECIPIENT must disclose in writing to the TREASURY and to
25 COUNTY any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR §
26 200.12. Further, no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any
27 gifts, service, favor, employment, engagement, remuneration, or economic opportunity which would tend to
28 improperly influence a reasonable person in that position to depart from the faithful and impartial discharge
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1 of the duties of that position.
2 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her
3 position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or
4 herself, any member of his or her household, any business entity in which he or she has a financial interest,
5 or any other person.
6 C. No officer, agent, consultant, or employee of the SUBRECIPIENT may participate as
7 an agent of the SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT
8 and any private business in which he or she has a financial interest.
9 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
10 report or other document because it might tend to affect unfavorably his or her private financial interests.
11 E. No officer, agent, consultant, employee, or elected or appointed official of the
12 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
13 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
14 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
15 thereafter, for any of the work to be performed pursuant to the Program.
16 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
17 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
18 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
19 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
20 Agreement.
21 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
22 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
23 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
24 maintained by SUBRECIPIENT at no expense to the COUNTY.
25 C. SUBRECIPIENT must show proof of established "indirect cost rates," as defined by
26 the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (5
27 U.S.C. 301; 2 CFR 200)with either the Federal Government, or a final negotiated "indirect cost rate" with
28 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 SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference materials,
3 and telephone service necessary for SUBRECIPIENT to provide the services and operate the Program
4 identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay SUBRECIPIENT for
5 any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such items. Responsibility for
6 the costs and expenses incurred by SUBRECIPIENT in providing and maintaining such items is the sole
7 responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall comply with the Uniform
8 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
14 for SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF
15 program, SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as
16 applicable, and 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
28
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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 the
7 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 located
14 at 2281 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,
14
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. SUBRECIPIENT shall review and approve eligible expenditures for the transferred
8 SLFRF award for items described in Exhibit B, which is attached and incorporated by this reference.
9 SUBRECIPIENT shall not make any changes in the line-item expenditures in Exhibit B without prior
10 written approval of the COUNTY.
11 I. No cash reimbursement for purchases of any kind is allowable.
12 11. TERM
13 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
14 Effective Date, until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
15 Report under Section 3(C) of this Agreement, unless sooner terminated as provided herein.
16 Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to
17 cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written
18 acceptance of the Final Program Report under Section 3(C) of this Agreement shall include the COUNTY's
19 written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The
20 County Administrative Officer or his or her designee is authorized to execute this written acceptance of the
21 Final Program Report and notification of term end to SUBRECIPIENT.
22 12. TERMINATION
23 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
24 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
25 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
26 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
27 days advance written notice.
28 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
15
1 Agreement in whole or in part, where in the determination of the COUNTY there is:
2 1) An illegal or improper use of funds;
3 2) A failure to comply with any term of this Agreement;
4 3) A substantially incorrect or incomplete report submitted to the COUNTY;
5 4) Improperly performed service.
6 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
7 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
8 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
9 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
10 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
11 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
12 shall promptly refund any such SLFRF upon demand.
13 C. Without Cause: Under circumstances other than those set forth above, this
14 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
15 to terminate to SUBRECIPIENT.
16 13. GRANT FUNDING/COMPENSATION
17 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
18 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to transfer to
19 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such transfers in two installments, up to the total
20 SLFRF transfer amount not to exceed two million, eight-hundred thirty-two thousand, one hundred dollars
21 ($2,832,100).
22 It is expressly agreed and understood that the total amount of SLFRF to be transferred by COUNTY
23 to SUBRECIPIENT for the Program shall not exceed two million, eight-hundred thirty-two thousand, one
24 hundred dollars ($2,832,100)to fund the replacement and construct of a new water storage tank in
25 accordance with the DWSRF, which is necessary to increase the SUBRECIPIENT's water storage
26 capacity and correct the water system pressure deficiency during peak hours in the community of Las
27 Deltas, will respond to the drinking water needs identified by the SUBRECIPIENT, and will improve
28 drinking water drought resiliency in the disadvantaged community of Las Deltas, which is an eligible use
16
1 under the Final Rule. This Program will provide a benefit to residents of the COUNTY, as it will increase
2 water storage and availability for approximately 375 residents living in the community of Las Deltas.
3 SLFRF transferred under this Agreement will fund the Program's project administration, bid support,
4 construction cost, supportive services, construction inspections, and easement applications for the
5 replacement of the Tank.
6 Following the Effective Date of this Agreement, the SUBRECIPIENT shall request the COUNTY to
7 transfer SLFRF to fund the Program's anticipated costs for grant administration and project support,
8 easement acquisition, and bidding support services for an amount not to exceed fifty-two thousand dollars
9 ($52,000) to cover eligible expenditures shown on Table 1-1 of Exhibit B. The SUBRECIPIENT shall then
10 make a second written request to the COUNTY to transfer a second payment in advance for the
11 construction phase of the Program's budget ($2,780,100) in accordance with this Agreement. The
12 SUBRECIPIENT anticipates that the Program will be completed in 27 months. The SUBRECIPIENT's
13 transfer requests to COUNTY shall include supporting information for the implementation of the Program
14 as represented in Table 1-1, of this Agreement. After appropriate review and inspection of the transfer
15 request, the COUNTY shall transfer payment to SUBRECIPIENT in a timely manner. The
16 SUBRECIPIENT is responsible for monitoring and reporting quarterly expenditure reports directly to the
17 TREASURY for the implementation of the Program, as described in Exhibit A. SUBRECIPIENT is
18 responsible for monitoring, approving expenditures, and reporting timely quarterly expenditure reports
19 directly to the TREASURY for the implementation of the Program. SUBRECIPIENT shall submit copies
20 of its quarterly expenditure reports, project progress reports, and supporting documentation to the
21 COUNTY, as described in Section 3(B) of this Agreement. SUBRECIPIENT shall submit copies of its
22 quarterly expenditure reports, project progress reports, and supporting documentation to the County of
23 Fresno, County Administrative Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or
24 electronically, to e-mail address fresnocao@fresnocountyca.gov. If SUBRECIPIENT fails to comply with
25 any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
26 B. To ensure compliance with Federal and State regulations, COUNTY may require
27 additional supporting documentation or clarification as follows:
28 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
17
1 documentation or clarification.
2 ii. SUBRECIPIENT shall respond within five (5) business days with required
3 additional documentation or clarification.
4 C. All expenses incidental to SUBRECIPIENT's performance of services in carrying out
5 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
6 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
7 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
8 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
9 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
10 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT.
11 COUNTY has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
12 14. INDEPENDENT CONTRACTOR
13 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
14 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
15 SUBRECIPIENT's officers, agents, and employees will at all times be acting and performing as an
16 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
17 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
18 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
19 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
20 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
21 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
22 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto. Because
23 of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right to employment
24 rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable and
25 responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
26 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
27 to payment of SUBRECIPIENT's employees, including compliance with Social Security withholding and all
28 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
18
1 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
2 15. MODIFICATION
3 Any matters of this Agreement may be modified from time to time by the written consent of all the
4 parties without, in any way, affecting the remainder.
5 16. NON-ASSIGNMENT
6 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
7 this Agreement without the prior written consent of the other party.
8 17. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at
9 COUNTY's request, defend the COUNTY, its officers, agents, and employees from any and all costs
10 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
11 losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by
12 the SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs
13 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
14 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
15 performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this
16 Agreement.
17 SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
18 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
19 Agreement. SUBRECIPIENT shall indemnify COUNTY against any and all claims or actions by any
20 person or entity arising from any violation or alleged violation of Section 1(G), herein. The provisions of
21 this Section 17 shall survive the expiration or termination of this Agreement.
22 18. INSURANCE
23 Without limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third
24 parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect, the following
25 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
26 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
27 A. Commercial General Liability
28 Commercial General Liability Insurance with limits of not less than Two Million Dollars
19
1 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
2 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
3 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
4 liability or any other liability insurance deemed necessary because of the nature of this contract.
5 B. Automobile Liability
6 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
7 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
8 used in connection with this Agreement.
9 C. Professional Liability
10 If SUBRECIPIENT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
11 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
12 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
13 SUBRECIPIENT agrees that it shall maintain, at its sole expense, in full force and effect for a
14 period of three (3) years following the termination of this Agreement, one or more policies of
15 professional liability insurance with limits of coverage as specified herein.
16 D. Worker's Compensation
17 A policy of Worker's Compensation insurance as may be required by the Labor Code.
18 Additional Requirements Relating to Insurance
19 SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming
20 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
21 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
22 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
23 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
24 provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without
25 a minimum of thirty (30) days advance written notice given to COUNTY.
26 SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and
27 employees any amounts paid by the policy of worker's compensation insurance required by this
28 Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be
20
1 necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under
2 this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.
3 Within Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement,
4 SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the
5 foregoing policies, as required herein, to the County of Fresno, County Administrative Office, Attention:
6 ARPA—SLFRF Coordinator, 2281 Tulare Street, Room 304, Fresno, CA 93721, stating that such
7 insurance coverages have been obtained and are in full force; that the County of Fresno, its officers, agents
8 and employees will not be responsible for any premiums on the policies; that for such worker's
9 compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers,
10 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
11 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
12 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
13 operations under this Agreement are concerned; that such coverages for additional insured shall apply as
14 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
15 and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's
16 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
17 days advance, written notice given to COUNTY.
18 In the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein
19 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
20 Agreement upon the occurrence of such event.
21 All policies shall be issued by admitted insurers licensed to do business in the State of California,
22 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
23 FSC VI or better.
24 19. RECORDKEEPING AND CONFIDENTIALITY
25 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
26 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
27 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
28 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
21
1 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
2 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
3 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
4 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
5 disclosure pursuant to the California Consumer Privacy Act (CCPA) to ensure against a breach of
6 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
7 established written policies and procedures that align with CCPA, and shall follow such procedures.
8 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
9 procedures, and shall be monitored for compliance.
10 20. AUDITS AND INSPECTIONS:
11 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
12 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
13 with respect to the matters covered by this Agreement. SUBRECIPIENT shall, upon request by the
14 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
15 SUBRECIPIENT's compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
16 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
17 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
18 reviewing entity deems to be appropriate in order to determine:
19 1) Whether the objectives of the Program are being achieved;
20 2) Where the Program is being operated in an efficient and effective
21 manner;
22 3) Whether management control systems and internal procedures have
23 been established to meet the objectives of the Program;
24 4) Whether the financial operations of the Program are being conducted
25 properly;
26 5) Whether the periodic reports to the COUNTY contain accurate and
27 reliable information;
28 6) Whether all of the activities of the Program are conducted in compliance
22
1 with the provisions of state and federal laws and regulations and this
2 Agreement; and
3 7) Whether all activities associated with the Program are in compliance with
4 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
5 Guidance, and any subsequent guidance issued by TREASURY.
6 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
7 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
8 by the COUNTY or its designees, and the TREASURY, for five (5)years following termination of this
9 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
10 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
11 to promptly reimburse the COUNTY for such payments upon request.
12 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
13 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
14 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
15 requirements.
16 21. NOTICES
17 The persons and their addresses having authority to give and receive notices under this Agreement
18 include the following:
19 COUNTY SUBRECIPIENT
COUNTY OF FRESNO City of Firebauqh
20 ARPA- SLFRF Coordinator 1133 "P" Street
2281 Tulare Street, Room 304 Firebaugh, CA 93622
21 Fresno, CA 93721 Attention: Ben Gallegos
City Manager
22
23 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
24 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
25 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
26 personal service is effective upon service to the recipient. A notice delivered by first-class United States
27 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
28 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
23
1 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
2 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
3 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
4 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
5 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
6 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
7 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
8 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
9 beginning with section 810).
10 22. GOVERNING LAW
11 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
12 California. The rights and obligations of the parties and all interpretation and performance of this
13 Agreement shall be governed in all respects by the laws of the State of California.
14 23. ADVICE OF ATTORNEY
15 Each party warrants and represents that in executing this Agreement, it has received
16 independent legal advice from its attorneys, or the opportunity to seek such advice.
17 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
18 Members of the SUBRECIPIENT's Council shall disclose any self-dealing transactions that they
19 are a party to while SUBRECIPIENT is providing goods or performing services under this Agreement. A
20 self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party and in which
21 one or more of its directors has a material financial interest. Members of the SUBRECIPIENT Council
22 shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-
23 Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by
24 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
25 immediately thereafter.
26 25. ELECTRONIC SIGNATURES
27 The parties agree that this Agreement may be executed by electronic signature as provided in
28 this section. An "electronic signature" means any symbol or process intended by an individual signing
24
1 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
2 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
3 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
4 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
5 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
6 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
7 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
8 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
9 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
10 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
11 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
12 conditioned upon the parties conducting the transactions under it by electronic means and either party
13 may sign this Agreement with an original handwritten signature.
14 26. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
15 SUBRECIPIENT and COUNTY with respect to the subject matter hereof, and supersedes all previous
16 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
17 understanding of any nature whatsoever unless expressly included in this Agreement. Notwithstanding this
18 provision, any additional requirements and/or guidelines set forth by the TREASURY regarding the uses
19 and reporting requirements for ARPA SLFRF after the execution of this Agreement shall be understood to
20 be integrated into this Agreement, and binding on the parties.
21
22
23
24
25
26
27
28
25
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3
4 SUBRECIPIENT COUNTY OF FRESNO
5 _ t-
RPn Gallegnc, City Manager of the al Q i ro, Chairman of the Board of
6 City of Firebaugh up i f the County of Fresno
7
Mailing Address:
8 1133 "P"Street
Firebaugh, CA 93622
9
10
11 ATTEST:
Bernice E. Seidel
12 Clerk of the Board of Supervisors
County of Fresno,State of California
13
14
15
16 By. —
Deputy
17 FOR ACCOUNTING USE ONLY:
Fund: 0026
18
Subclass: 91021
19
ORG: 1033
20
Account: 7845
21
22
23
24
25
26
27
28
26
1 Exhibit A
2 Program Description
3 SUBRECIPIENT is responsible to operate a public water distribution system (CA-1010005)that is
4 regulated by Order Number 03-23-11 PA-006 issued by the State Water Resources Control Board, Division
5 of Drinking Water. The SUBRECIPIENT provides potable water supply to non-residential and residential
6 rate payers in a disadvantaged community with an estimated population of 8,126 residents. The transfer of
7 SLFRF pursuant to this Agreement will benefit the COUNTY, the unincorporated community of Las Deltas,
8 a sparsely populated rural residential community located south of the SUBRECIPIENT's city limits that
9 consists of 107 service connections and approximately 375 residents of the COUNTY. The City is in three
10 Qualified Census Tracts (QTCs: 06019008403, 8301, and 8303) as designated by the Department of
11 Housing and Urban Development, with a reported median household income of$36,667.
12 The SUBRECIPIENT's public distribution system consists of six active groundwater wells, booster
13 pumps, two different water treatment sites, three water storage tanks, and approximately 35 miles of
14 distribution pipelines that serves approximately 1,642 active service connections. The SUBRECIPIENT
15 represents that it owns a 500,000-gallon water storage tank (Tank) located in the SUBRECIPIENT's city
16 limits near the Main Canal, south of Nees Avenue and north of Main Street, that provides storage for
17 water supply that is pumped and sold through contract to the Las Deltas Mutual Water Company. The
18 SUBRECIPIENT represents that the Tank, pumps, and transmission mains used to supply potable water
19 to the community of Las Deltas are well past their useful lives, the Tank has visible damage and the roof
20 continues to deteriorate, and SUBRECIPIENT represents that water storage has been significantly
21 reduced to mitigate further damage to the Tank, and to reduce the risk of compromising the Tank's
22 integrity, which has the potential to become an immediate threat to the community of Las Deltas water
23 supply. SLFRF provided under this Agreement will fund project administration, bid support, construction
24 cost, supportive services, construction inspections, and easement applications for the replacement of
25 the Tank. The Program is designed to increase the SUBRECIPIENT's water storage capacity, improve
26 water availability, and correct the water system pressure deficiency during peak hours in the community
27 of Las Deltas, and will provide water storage for drought resiliency for the SUBRECIPIENT and the
28 residents of the community of Las Deltas.
27
1 Exhibit B
2 Expenditure Plan
3 The total SLFRF amount provided under this Agreement shall not to exceed two million, eight-hundred
4 thirty-two thousand, one hundred dollars ($2,832,100) to fund the Program's project administration, bid
5 support, construction cost, supportive services, construction inspections, and easement applications for
6 the replacement of the Tank.
7 Following the Effective Date of this Agreement, the SUBRECIPIENT shall request the COUNTY to
8 transfer SLFRF to fund the Program's anticipated costs for grant administration and project support,
9 easement acquisition, and bidding support services for an amount not to exceed fifty-two thousand dollars
10 ($52,000) to cover eligible expenditures shown on Table 1-1 of Exhibit B. The SUBRECIPIENT shall then
11 make a second written request to the COUNTY to transfer a second payment in advance for the
12 construction phase of the Program's budget ($2,780,100) in accordance with this Agreement to cover
13 construction expenditures shown on Table 1-1 of Exhibit B. The SUBRECIPIENT is responsible for
14 approving Program expenditures, monitoring, and reporting quarterly expenditure reports directly to the
15 TREASURY. In accordance with Section 3(B) of the Agreement, SUBRECIPIENT shall submit copies of
16 its Program's quarterly expenditure reports, project progress reports, and supporting documentation to
17 the COUNTY. The SUBRECIPIENT's transfer requests to COUNTY shall include supporting information
18 for the implementation of the Program.
19
20
21
22
23
24
25
26
27
28
28
1 Table 1-1
2 Expenditure Plan
3
City of Firebaugh - Las Deltas Water Storage Tank Replacement,
4 ARPA Budget
5 Line Item
Line Item Description Line Item Budget
No.
6 1 Grant Administration and Project Support $ 32,530
7
2 Preliminary Design $ -
8
3 Design Development $ -
9
10 4 Construction Documents $ -
11
5 Final Design $ -
12
13 6 jEnvironmental Documents $ -
14 7 Meetings $ -
15 8 Easement Acquisition $ 10,000
9 Bidding Support Services $ 9,000
16 10 Construction $ 2,324,570
17 11 Construction Support Services $ 67,000
18 12 Construction Inspection Services $ 389,000
13 Equipment(SCADA, Generator) $ -
19
Total $ 2,83
202,100
21
22
23
24
25
26
27
28
29
1 Exhibit B (continued)
2 Transfer Request Form
3 Date:
4
County of Fresno
5 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
6 Fresno, CA 93721
7 Subject: Transfer Request for Payment:
8 Program SUBRECIPIENT Name
9 In accordance with the executed Agreement for the above-referenced Program, the
10 [SUBRECIPIENT NAME] is requesting payment of$ in support of the Program.
11 The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
12 amount of work that has been completed to date, detailing items purchased, and expenses
13 incurred or anticipated to be incurred in support of the Program in accordance with the
14 expenditure plan (Exhibit B, Table 1-1) documented in the executed Agreement, and as
15 evidenced by the enclosed invoices and supporting documents.
16 Payee Agreement# Amount
17
18
19
20
21 Sincerely,
22
23 [City Representative]
24 [SUBRECIPIENT Name]
25 Enclosure(s)
26
27
28
30
1 Exhibit C
2 Quarterly Program Expenditure Report (Template)
3 PROGRAM
4 Tax Identification Number or Unique Agreement Number:
Entity ID (TIN or SAM):
5
Name of Entity: Program Name:
6
7 Reporting Period Start Date: Reporting Period End Date:
8 Expenditure Category: 5 Infrastructure, Water
Total Award: $2,832,100 Remaining Balance:
9
10
EXPENDITURES
11 Category
Expenditures • . . . . .
12to date ($) to date ($) Expenditures Obligations
13 5 Infrastructure, Water
14 5.14 Drinking Water: Storage
15
16 TOTAL
17 PROJECT STATUS
18
19 Describe program achievements and upcoming milestones:
20
21 Quarterly Status Report, select one.
Not started
22 completed less than 50 percent
completed more than 50 percent
23 Completed
24
25 AUTHORIZED SIGNATURE
26
27 Signature Date
28 Print Name:
31
1 Exhibit D
2 Annual Performance Report
3 All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are
4 required to produce an Annual Report. The Annual Report provides information on the
5 SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an
6 effective and equitable manner.
7 The initial Annual Report must cover the period from the date of award to the following June 30th and
8 must be submitted to the County within 15 calendar days after the end of the reporting period.
9 Thereafter, the Annual Report will cover a 12-month period and recipients will be required to submit
10 the report to the County within 15 calendar days after the end of the 12-month period (by July 15th).
11Annual Period Covered Due Date
Ret)
rt
12 1 • Award — June 30, 2022 July 15, 2022
13 2 July 1, 2022 — June 30, 2023 July 15, 2023
3 July 1 2023 — June 30 2024 July 15 2024
14 4 July 1 2024 — June 30 2025 July 15 2025
15 5 1 July 1, 2025 — June 30, 2026 1 July 15, 2026
6 July 1, 2026 — December 31, 2026 January 15, 2027
16
17 Instructions:
18 RECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
19 Responsibilities (Reporting Guidance) located at: https:Hhome.treasurV.gov/system/files/136/SLFRF-
20 Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
21
22
23
24
25
26
27
28
32
1
2 Exhibit E
3 Self-Dealing Transaction Disclosure Form
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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Exhibit E
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit E
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
1 EXHIBIT F
2 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
3 AWARD TERMS AND CONDITIONS
4 1. Use of Funds.
5 a) Recipient understands and agrees that the funds disbursed under this award may only be used in
6 compliance with section 603(c)of the Social Security Act (the Act), Treasury's regulations
7 implementing that section, and guidance issued by Treasury regarding the foregoing.
8 b) Recipient will determine prior to engaging in any project using this assistance that it has the
9 institutional, managerial, and financial capability to ensure proper planning, management, and
10 completion of such project.
11
12 2. Period of Performance. The period of performance for this award begins on the date hereof and
13 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient may use award
14 funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
15 December 31, 2024.
16
17 3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as
18 they relate to this award.
19
20 4. Maintenance of and Access to Records.
21 a) Recipient shall maintain records and financial documents sufficient to evidence compliance with
22 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
23 Treasury regarding the foregoing.
24 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
25 authorized representatives, shall have the right of access to records (electronic and otherwise) of
26 Recipient in order to conduct audits or other investigations.
27 c) Records shall be maintained by Recipient for a period of five (5)years after all funds have been
28 expended or returned to Treasury, whichever is later.
36
1
2 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
3 from this award.
4
5 6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and
6 indirect costs as specified in the Scope of Work.
7
8 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
9
10 8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict-of-interest policy
11 consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each activity
12 funded under this award. Recipient and Recipients must disclose in writing to Treasury or the pass-through
13 entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2
14 C.F.R. § 200.112.
15
16 9. Compliance with Applicable Law and Regulations.
17 a) Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by
18 Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
19 foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations,
20 and executive orders, and recipient shall provide for such compliance by other parties in any
21 agreements it enters into with other parties relating to this award.
22 b) Federal regulations applicable to this award include, without limitation, the following:
23 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
24 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
25 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
26 Treasury. Subpart F-Audit Requirements of the Uniform Guidance, implementing the
27 Single Audit Act, shall apply to this award.
28
37
1 ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant
2 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
3 by reference.
4 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
5 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
6 by reference.
7 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
8 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
9 condition in all lower tier covered transactions (contracts and subcontracts described in 2
10 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
11 implementing regulation at 31 C.F.R. Part 19.
12 V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2
13 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
14 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
15 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
16 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
17 ix. U.S.C. §§4601-4655) and implementing regulations.
18 X. Generally applicable federal environmental laws and regulations.
19 c) Statutes and regulations prohibiting discrimination applicable to this award include, without
20 limitation, the following:
21 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
22 ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
23 race, color, or national origin under programs or activities receiving federal financial
24 assistance;
25 iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
26 which prohibits discrimination in housing on the basis of race, color,
27 iv. religion, national origin, sex, familial status, or disability;
28
38
1 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
2 prohibits discrimination on the basis of disability under any program or activity receiving
3 federal financial assistance;
4 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
5 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
6 the basis of age in programs or activities receiving federal financial assistance; and
7 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
8 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
9 services provided or made available by state and local governments or instrumentalities or
10 agencies thereto.
11
12 10. Remedial Actions. In the event of Recipient's noncompliance with section 602 or 603 of the Act,
13 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
14 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
15 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
16 violation of section 602 (c) (1) or 603 (c) (1)of the Act regarding the use of funds, previous payments shall
17 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
18 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
19
20 11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5
21 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
22 employees whose principal employment is in connection with an activity financed in whole or in part by this
23 federal assistance.
24
25 12. False Statements. Recipient understands that making false statements or claims in connection with
26 this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including
27 fines, imprisonment , civil damages and penalties, debarment from participating in federal awards or
28 contracts, and/or any other remedy available by law.
39
1
2 13. Publications. Any publications produced with funds from this award must display the following
3 language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
4 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
5
6 14. Debts Owed the Federal Government.
7 a) Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to
8 be authorized to retain under the terms of this award; (2)that are determined by the Treasury Office
9 of Inspector General to have been misused; or(3)that are determined by Treasury to be subject to
10 a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been
11 repaid by Recipient shall constitute a debt to the federal government.
12 b) Any debts determined to be owed the federal government must be paid promptly by Recipient . A
13 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
14 payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or
15 improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
16 actions available to it to collect such a debt.
17
18 15. Disclaimer.
19 a) The United States expressly disclaims any and all responsibility or liability to Recipient or third
20 persons for the actions of Recipient or third persons resulting in death, bodily injury, property
21 damages, or any other losses resulting in any way from the performance of this award or any
22 contract, or subcontract under this award.
23 b) The acceptance of this award by Recipient does not in any way establish an agency relationship
24 between the United States and Recipient.
25
26 16. Protections for Whistleblowers.
27 a) In accordance with 41 U.S.C. §4712, Recipient may not discharge, demote, or otherwise
28 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
40
1 provided below, information that the employee reasonably believes is evidence of gross
2 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
3 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
4 a violation of law, rule, or regulation related to a federal contract (including the competition for or
5 negotiation of a contract) or grant.
6 b) The list of persons and entities referenced in the paragraph above includes the following:
7 i. A member of Congress or a representative of a committee of Congress;
8 ii. An Inspector General;
9 iii. The Government Accountability Office;
10 iv. A Treasury employee responsible for contract or grant oversight or management;
11 V. An authorized official of the Department of Justice or other law enforcement agency;
12 vi. A court or grand jury; or
13 vii. A management official or other employee of Recipient, contractor, or subcontractor who has
14 the responsibility to investigate, discover, or address misconduct.
15 c) Recipient shall inform its employees in writing of the rights and remedies provided under this
16 section, in the predominant native language of the workforce.
17
18 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217
19 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt
20 policies and programs for their employees when operating company-owned, rented or personally owned
21 vehicles.
22
23 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6,
24 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce
25 policies that ban text messaging while driving, and Recipient should establish workplace safety policies to
26 decrease accidents caused by distracted drivers
27
28
41
1 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
2 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
3
4 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
5 Recipient provides the assurances stated herein. The federal financial assistance may include federal
6 grants, loans, and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal
7 land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other
8 arrangements with the intention of providing assistance. Federal financial assistance does not encompass
9 contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal
10 government at market value, or programs that provide direct benefits.
11 The assurances apply to all federal financial assistance from, or funds made available through the
12 Department of the Treasury, including any assistance that the Recipient may request in the future.
13 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
14 the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
15 program(s) or activity(ies) is federally assisted in the manner prescribed above.
16
17 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
18 amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
19 discrimination under programs and activities receiving federal financial assistance, of any person in
20 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
21 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
22 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
23 memoranda, and/or guidance documents.
24 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
25 with Limited English Proficiency," seeks to improve access to federally assisted programs and
26 activities for individuals who, because of national origin, have Limited English proficiency (LEP).
27 Recipient understands that denying a person access to its programs, services, and activities
28 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
42
1 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient
2 shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure
3 that LEP persons have meaningful access to its programs, services, and activities. Recipient
4 understands and agrees that meaningful access may entail providing language assistance services,
5 including oral interpretation and written translation where necessary, to ensure effective
6 communication in the Recipient's programs, services, and activities.
7 3. Recipient agrees to consider the need for language services for LEP persons when Recipient
8 develops applicable budgets and conducts programs, services, and activities. As a resource, the
9 Department of the Treasury has published its LEP guidance at 70 FIR 6067. For more information
10 on taking reasonable steps to provide meaningful access for LEP persons, please visit
11 http://www.lep.gov.
12 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of
13 continued receipt of federal financial assistance and is binding upon Recipient and Subrecipient's
14 successors, transferees, and assignees for the period in which such assistance is provided.
15 5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors,
16 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
17 agrees to incorporate the following language in every contract or agreement subject to Title VI and
18 its regulations between the Recipient and the Subrecipient's sub-grantees, contractors,
19 subcontractors, successors, transferees, and assignees:
20 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
21 comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
22 financial assistance from excluding from a program or activity, denying benefits of, or
23 otherwise discriminating against a person on the basis of race, color, or national origin (42
24 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title VI
25 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
26 this contract(or agreement). Title VI also includes protection to persons with "Limited
27 English Proficiency"in any program or activity receiving federal financial assistance, 42
28 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI
43
1 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
2 contract or agreement.
3 6. Recipient understands and agrees that if any real property or structure is provided or improved with
4 the aid of federal financial assistance by the Department of the Treasury, this assurance obligates
5 the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the
6 real property or structure is used for a purpose for which the federal financial assistance is extended
7 or for another purpose involving the provision of similar services or benefits. If any personal property
8 is provided, this assurance obligates the Recipient for the period during which it retains ownership
9 or possession of the property.
10 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of
11 the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration,
12 mediation, litigation, and monitoring of any settlement agreements that may result from these
13 actions. The Recipient shall comply with information requests, on-site compliance reviews and
14 reporting requirements.
15 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any
16 complaints of discrimination on the grounds of race, color, or national origin, and limited English
17 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
18 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
19 completed, including outcome. Recipient also must inform the Department of the Treasury if
20 Recipient has received no complaints under Title VI.
21 9. Recipient must provide documentation of an administrative agency's or court's findings of non-
22 compliance of Title VI and efforts to address the non-compliance, including any voluntary
23 compliance or other agreements between the Recipient and the administrative agency that made
24 the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must
25 provide documentation of the settlement. If Recipient has not been the subject of any court or
26 administrative agency finding of discrimination, please so state.
27 10. If the Recipient makes sub-awards to other agencies or other entities, the Subrecipient is
28 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
44
1 authorities covered in this document. State agencies that make sub-awards must have in place
2 standard grant assurances and review procedures to demonstrate that they are effectively
3 monitoring the civil rights compliance of subrecipients.
4
5 The United States of America has the right to seek judicial enforcement of the terms of this assurances
6 document, and nothing in this document alters or limits the federal enforcement measures that the United
7 States may take in order to address violations of this document or applicable federal law.
8
9
10
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12
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