HomeMy WebLinkAboutAgreement A-24-589 Subrecipient Agreement with Fresno Irrigation District.pdf 24-0890 Agreement No. 24-589
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 THIS AGREEMENT ("Agreement") is made and entered into this 5th day of November
4 2024 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY"), and Fresno Irrigation District (FID), a California Irrigation District in the County of
6 Fresno formed under Division 11 of Title 6 of the California Water Code, whose address is 2907 S. Maple
7 Avenue, Fresno, California, 93725 ("SUBRECIPIENT").
8 WITNESSETH:
9 WHEREAS, on March 11, 2021, the President of the United States of America signed into law the
10 American Rescue Plan Act of 2021 ("ARPA")which established the Coronavirus State and Local Fiscal
11 Recovery Funds ("SLFRF") 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-119 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 emergency;
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 the SUBRECIPIENT for one
22 or more Eligible Uses; and
23 WHEREAS, the SUBRECIPIENT has over 150 years of experience managing surface waters from
24 the Kings River and the San Joaquin River, which are used for irrigation purposes, groundwater recharge,
25 and direct delivery to cities and communities in the Fresno-Clovis Metropolitan Area for municipal and
26 industrial uses; and
27 WHEREAS, the SUBRECIPIENT's service area encompasses nearly 383 square miles in northern
28 Fresno County, which includes disadvantaged communities ("DACs") that were negatively impacted by the
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1 COVID-19 public health emergency; and
2 WHEREAS, the Final Rule has designated necessary investment in infrastructure to be one that
3 meets the eligibility requirements of the Clean Water State Revolving Fund (CWSRF), as implemented
4 by the Environmental Protection Agency (EPA), including the CWSRF eligible category of groundwater
5 protection and restoration, aquifer recharge projects; and
6 WHEREAS, the Treasury interprets "necessary" investment in infrastructure in the Final Rule to
7 mean: 1) responsive to an identified need to achieve or maintain an adequate minimum level of service,
8 which for some eligible project categories may include a reasonable projection of increased need,
9 whether due to population growth or otherwise and, 2) a cost-effective means for meeting that need,
10 taking into account available alternatives; and
11 WHEREAS, during the course of the COVID-19 pandemic, California's severe drought
12 disproportionately impacted San Joaquin Valley's rural communities including DAC/s, in particular rural
13 public water systems that rely on groundwater pumping to serve their residents; and
14 WHEREAS, the SUBRECIPIENT represents that it is a member agency of the North Kings
15 Groundwater Sustainability Agency ("NKGSA"), a seven-member joint powers authority formed under
16 State law responsible to develop and implement plans to comply with groundwater management
17 regulation pursuant to the State's Sustainable Groundwater Management Act of 2014 ("SGMA"); and
18 WHEREAS, the goal of the NKGSA is to ensure that by 2040 the Kings Subbasin of the San
19 Joaquin Valley Basin (ID 5-022.08) is managed in a sustainable manner to maintain reliable water
20 supply for current and future uses; and
21 WHEREAS, the COUNTY has allocated SLFRF to help offset groundwater overdraft within the
22 undistricted lands in the NKGSA, by constructing turnout on the Friant-Kern Canal ("FKC") at Big Dry
23 Creek ("Turnout")to permit the diversion of FKC Central Valley Project ("CVP")water into the Big Dry Creek
24 to be used to recharge the aquifer and increase accessibility and reliability to clean drinking water for
25 members of the NKGSA and the residents of the COUNTY; and
26 WHEREAS, on December 13, 2022, the COUNTY approved Budget Resolution 22-378, which
27 allocated $2.5 million in ARPA-SLFRF to fund the design and construct the Turnout, which at
28 completion, will help divert flood releases and surface water supply into the Big Dry Creek, allowing for
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1 beneficial uses of surface water that would otherwise be lost to areas outside the County; and
2 WHEREAS, the COUNTY wishes to draw on the SUBRECIPIENT's active contract for water supply
3 with the U.S. Bureau of Reclamation that allows for improvements on the FKC, experience for the
4 implementation of the Turnout project because of its long history in surface water management, including
5 access to CVP waters, and the SUBRECIPIENT's extensive knowledge in operating canals, pipelines,
6 water conveyance networks, and water delivery facilities which serve and benefit individuals in the
7 SUBRECIPIENT's service area, members of the NKGSA, DAC's and the County; and
8 WHEREAS, the SUBRECIPIENT is willing to provide additional funding support to help complete
9 any final design, bidding, award, construction management and acceptance of the completed Turnout
10 project, and once completed, the SUBRECIPIENT will have access to the Turnout, and will provide ongoing
11 management, operational, maintenance, and other services for the Turnout as the SUBRECIPIENT will
12 provide access to FKC CVP waters including but not limited to Class 1 and 2 supplies, Unreleased
13 Restoration Flows, 215 waters and other surface waters available to Friant Division contractors that can be
14 diverted to the Dry Creek channel and benefit downstream users, including County businesses and
15 residents; and
16 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement will fund the
17 construction, management, operation, and necessary expenses for the Turnout project, which is planned to
18 be constructed at FKC's Big Dry Creek ("Program"); and
19 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
20 support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by making
21 necessary investment in groundwater recharge that supports impacted communities, is a necessary
22 investment to provide long-term water security, to avoid overdraft of the groundwater basins, and will help
23 the COUNTY, NKGSA, and the SUBRECIPIENT meet state and local groundwater sustainability goals; and
24 WHEREAS, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to special
25 districts (special-purpose unit of local government)for Eligible Uses, for the purpose of meeting ARPA's
26 goals; and
27 WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is a
28 CWSRF project eligible under category of groundwater protection and restoration, aquifer recharge
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1 projects, Eligible Use of SLFRF under the ARPA, in reliance on information provided by
2 SUBRECIPIENT; and
3 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
4 COUNTY may provide SLFRF to the SUBRECIPIENT as reimbursement for appropriate and qualifying
5 expenditures, including an Eligible Use of SLFRF, as permitted under the Interim Final Rule and Final
6 Rule.
7 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
8 contained, the parties hereto agree as follows:
9 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
10 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
11 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
12 correct, and that COUNTY may rely upon each of those representations in granting the SLFRF to
13 SUBRECIPIENT under this Agreement.
14 B. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement are
15 a subaward of SLFRF up to the amount stated herein to carry out the Program.
16 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
17 award may only be spent on documented Eligible Uses in compliance with the ARPA, the United States
18 Department of the Treasury ("TREASURY') regulations implementing Section 602 of the ARPA, and
19 guidance issued by the TREASURY regarding the foregoing.
20 D. SUBRECIPIENT represents that it will use these SLFRF to fund the construction,
21 management, operation, and use of the Turnout on the FKC at Big Dry Creek channel, thereby helping the
22 COUNTY and SUBRECIPIENT comply with SGMA by avoiding an overdraft scenario, will help recharge
23 water back into the aquifer, and help achieve state and local long-term groundwater sustainability goals.
24 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
25 by furnishing to the COUNTY the services described in Exhibit A, Program Description, which is
26 attached and incorporated by this reference.
27 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
28 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
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1 County of Fresno, and laws of the State of California, and all laws of the federal government. This
2 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
3 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
4 TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds
5 ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local
6 Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022)
7 and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates,
8 including TREASURY's Frequently Asked Questions. The award terms and conditions required by the
9 TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided
10 by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this
11 Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(F).
12 G. Prevailing Wage.
13 a. For any portion of any of the work, service, and/or function (including, but
14 not limited to, any construction, alteration, installation, operation, demolition, repair, or maintenance
15 work), to be performed, either directly or on behalf of SUBRECIPIENT under any agreements with any
16 contractors and/or suppliers (including their respective sub-contractors at any tier) or otherwise, with
17 respect to the Program that is a "public work" for the purposes of Chapter 1 (commencing with § 1720)
18 of Part 7 of Division 2 of the California Labor Code (collectively, "Chapter 1 of the Labor Code"), (i)
19 SUBRECIPIENT shall comply with, and cause all such contractors and/or suppliers (including their
20 respective sub-contractors at any tier) to comply with, all applicable provisions of Chapter 1 of the Labor
21 Code with respect to the Program, and (ii) prior to causing any work to be performed under any
22 agreements with any contractors and/or suppliers, or otherwise, SUBRECIPIENT shall incorporate all of
23 the provisions of this Section 1(G) into such agreements.
24 b. SUBRECIPIENT shall promptly provide a copy to COUNTY of any
25 correspondence, notices, and/or orders, in any written form, and/or any documents initiating legal action
26 (collectively, "DIR Administrative or Legal Action") by or on behalf of the Director of the Department of
27 Industrial Relations of the State of California, including any representative thereof (collectively, the
28 "DIR") to or against SUBRECIPIENT, and SUBRECIPIENT's written responses, in any written form,
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1 thereto, that relate to any work, or any portion thereof, provided however, SUBRECIPIENT's provision of
2 such copy of any DIR Administrative or Legal Action, and/or SUBRECIPIENT's responses thereto, or
3 failure to provide same or to timely provide same, shall not impose any obligation upon COUNTY with
4 respect to SUBRECIPIENT's obligations under this Section 1(G). SUBRECIPIENT acknowledges that
5 the DIR provides the following internet resource:
6 nttps://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
7 C. COUNTY does not make any representation, or provide any guidance, to
8 SUBRECIPIENT as to (i) the nature, type, or scope of the work, or any portion thereof, to be performed
9 by SUBRECIPIENT, either directly or under any agreements with any contractors and/or suppliers
10 (including their respective sub-contractors at any tier), that constitutes a "public work," or (ii) the
11 sufficiency of the DIR's internet resource, above, for purposes of compliance with this Section 1(G). The
12 provisions of this Section 1(G) shall survive the expiration or termination of this Agreement.
13 H. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken
14 and completed, and all SLFRF granted under this Agreement are fully expended, no later than
15 December 31, 2026. No later than December 31, 2025, SUBRECIPIENT shall submit a written report to
16 the COUNTY stating whether the SUBRECIPIENT can complete the Program and fully expend the
17 SLFRF granted under this Agreement by December 31, 2026. Following issuance of report to COUNTY,
18 if SUBRECIPIENT anticipates that any portion of SLFRF granted under this Agreement will not be fully
19 expended on the Program by December 31, 2026, within ten (10) calendar days, the SUBRECIPIENT
20 shall notify the COUNTY in writing of its intent to waive SLFRF previously allocated to SUBRECIPIENT
21 and/or return to the COUNTY any portion of SLFRF provided by this Agreement.
22 I. No Litigation. SUBRECIPIENT shall not use any SLFRF provided by the
23 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
24 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
25 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
26 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
27 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
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1 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
2 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
3 J. SUBRECIPIENT agrees that if SUBRECIPIENT receives SLFRF from any other
4 local or state entity for all or any part of the Program for which SUBRECIPIENT has received SLFRF
5 from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing within five
6 (5) business days. SUBRECIPIENT agrees that it may be required to return all or part of the SLFRF
7 received from the COUNTY if the total amount of SLFRF from all local and state entities exceeds the
8 Program's budget, and if SUBRECIPIENT does not intend to expand the Program.
9 K. None of the personnel employed in the administration of the Program shall be in
10 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
11 5, U.S. Code, as applicable.
12 L. None of the SLFRF to be paid under this Agreement shall be used for any
13 partisan political activity, or to support or defeat legislation pending before Congress.
14 2. PROCUREMENT REQUIREMENTS
15 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
16 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
17 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
18 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
19 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR §
20 200.321.
21 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
22 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
23 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
24 D. SUBRECIPIENT agrees to prioritize in its procurement decisions employers who can
25 demonstrate that their workforce meets high safety and training standards (e.g., professional certification,
26 Iicensure, and/or robust in-house training), that hire local workers and/or workers from historically
27 underserved communities, and who directly employ their workforce or have policies and practices in place
28 to ensure contractors and subcontractors meet high labor standards, and to prioritize employers (including
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1 contractors and subcontractors) without recent violations of federal and state labor and employment laws.
2 E. All contracts made by SUBRECIPIENT in excess of$100,000 with respect to water,
3 sewer, or broadband infrastructure projects that involve employment of mechanics or laborers must include
4 a provision for compliance with certain provisions of the Contract Work Hours and Safety Standards Act, 40
5 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
6 3. REPORTING REQUIREMENTS
7 A. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit to the
8 COUNTY's designated contact, as designated by the COUNTY's County Administrative Officer in writing
9 at the execution of this Agreement, Quarterly Program Expenditure Reports through the term of this
10 Agreement as provided by this Section 3(A). The reports shall contain, but are not limited to, the
11 information described in Exhibit C, which is attached and incorporated by this reference, and must
12 include a statement, signed by the SUBRECIPIENT, indicating that all expenditures in the report comply
13 with the Interim Rule and the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as set forth
14 by the TREASURY. Quarterly expenditure reports shall be submitted to COUNTY no later than fifteen
15 (15) days after the end of each quarter listed below for the term of this Agreement, beginning with the
16 first quarter ending after the Effective Date:
17 1) January 1 — March 31, due by April 15
18 2) April 1 — June 30, due by July 15
19 3) July 1 — September 30, due by October 15
20 4) October 1 — December 31, due by January 15
21 B. Annual Performance Report: Within fifteen (15) days after each June 30,
22 SUBRECIPIENT shall submit one "Annual Performance Report" to the COUNTY, covering all
23 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30. The
24 report shall contain, but not be limited to, the information contained in Exhibit D, which is attached and
25 incorporated by this reference.
26 C. Final Report: A Final Program Report shall be submitted to COUNTY within thirty
27 (30) days upon completion of the Program. A Final Report shall include an accounting of all costs and
28 expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems necessary to
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1 facilitate closeout of the Program, and ensure COUNTY's obligations and requirements under the
2 SLFRF Program are met. The Final Program Report is not complete until COUNTY has delivered to
3 SUBRECIPIENT written acceptance of the Final Program Report.
4 4. NONDISCRIMINATION
5 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
6 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
7 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
8 employee, applicant for employment or person receiving services under this Agreement because of race,
9 religious creed, color, national origin, ancestry, physical or mental disability including perception of
10 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
11 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
12 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
13 shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination
14 and equal opportunity, including, without limitation, the COUNTY's non-discrimination policy; Title VI of the
15 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
16 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
17 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VI II of the Civil
18 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
19 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
20 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
21 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
22 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
23 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
24 activities, and services provided or made available by state and local governments or instrumentalities or
25 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
26 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
27 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
28 Federal Regulations.
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1 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
2 this Section 4 in all subcontracts to perform work under this Agreement.
3 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
4 opportunity to express, and have considered, their views, grievances, and complaints regarding
5 SUBRECIPIENT's delivery of services.
6 5. CONFLICTS OF INTEREST; ETHICS
7 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
8 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
9 activity funded under this award. Subrecipient must disclose in writing to the TREASURY and to COUNTY
10 any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR§ 200.12. Further,
11 no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any gifts, service, favor,
12 employment, engagement, remuneration, or economic opportunity which would tend to improperly influence
13 a reasonable person in that position to depart from the faithful and impartial discharge of the duties of that
14 position.
15 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her
16 position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or
17 herself, any member of his or her household, any business entity in which he or she has a financial interest,
18 or any other person.
19 C. No officer, agent, consultant, or employee of SUBRECIPIENT may participate as an
20 agent of SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any
21 private business in which he or she has a financial interest.
22 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
23 report or other document because it might tend to affect unfavorably his or her private financial interests.
24 E. No officer, agent, consultant, employee, or elected or appointed official of the
25 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
26 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
27 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
28 thereafter, for any of the work to be performed pursuant to the Program.
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1 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
2 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
3 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
4 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
5 Agreement.
6 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
7 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
8 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
9 maintained by SUBRECIPIENT at no expense to the COUNTY.
10 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
11 SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference materials,
12 and telephone service necessary for SUBRECIPIENT to provide the services and operate the Program
13 identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay SUBRECIPIENT for
14 any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such items. Responsibility for
15 the costs and expenses incurred by SUBRECIPIENT in providing and maintaining such items is the sole
16 responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall comply with the Uniform
17 Cost Administrative Principles, and Audit Requirements for Federal Awards.
18 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
19 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
20 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
21 reports to TREASURY.
22 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY
23 for SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF
24 program, SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as
25 applicable, and reporting requirements, as applicable.
26 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
27 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
28 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
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1 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
2 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
3 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
4 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
5 9. PENALTIES
6 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
7 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
8 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
9 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
10 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
11 may impose additional conditions, as described in 2 CFR§ 200.208. If the COUNTY determines that
12 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
13 of the following actions, as appropriate in the circumstances:
14 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
15 refund SLFRF upon demand by COUNTY.
16 B. Temporarily withhold cash payments pending correction of the deficiency by
17 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
18 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
19 or part of the cost of the activity or action not in compliance;
20 D. Wholly or partly suspend or terminate the SLFRF;
21 E. Recommend the TREASURY initiate suspension or debarment proceedings;
22 F. Withhold further SLFRF for the Program; and
23 G. Take other remedies that may be legally available.
24 10. FINANCIAL MANAGEMENT
25 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
26 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
27 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
28 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
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1 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
2 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
3 accounts that correspond to each such authorized use provided further that such separate accounts are
4 subject to this Section 10(A), and are segregated and identified by a unique identifier. In no event shall
5 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
6 or charge.
7 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
8 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
9 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
10 Uniform Guidance requirements apply or how they apply.
11 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
12 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
13 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
14 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
15 the COUNTY.
16 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
17 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
18 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
19 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
20 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
21 accountability submissions shall be provided to County of Fresno, Department of Public Works and
22 Planning, Water and Natural Resources Division, located at 2220 Tulare Street, 6t" Floor, Fresno, CA
23 93721, or electronically to e-mail address PWPBusinessoffice(a)_fresnocountyca.gov.
24 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
25 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
26 transaction by any federal department or agency. This certification is made pursuant to the regulations
27 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
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1 program-specific regulations. This provision shall be required of every subcontractor receiving any
2 payment in whole or in part from Federal funds.
3 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
4 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
5 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
6 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
7 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
8 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
9 have access to all books, documents, accounts, records, reports, files, papers, things, property,
10 contractors of program services, and other persons pertaining to such financial transactions and
11 necessary to facilitate the audit.
12 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
13 records, including invoices, payroll registers, time records, contracts, and accounting documents
14 concerning matters that are reasonably related to the Program shall be provided upon request to the
15 COUNTY.
16 H. Expenditures eligible for reimbursement from the SLFRF are described in Exhibit
17 B, which is attached and incorporated by this reference. SUBRECIPIENT shall not make any changes in
18 the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
19 I. No cash reimbursement for purchases of any kind is allowable.
20 11. TERM
21 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
22 Effective Date, until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
23 Report under Section 3(C) of this Agreement, unless sooner terminated as provided herein.
24 Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to
25 cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written
26 acceptance of the Final Program Report under Section 3(C) of this Agreement shall include the COUNTY's
27 written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The
28 County Administrative Officer or his or her designee is authorized to execute this written acceptance of the
14
1 Final Program Report and notification of term end to SUBRECIPIENT.
2 12. TERMINATION
3 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
4 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
5 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
6 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
7 days advance written notice.
8 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
9 Agreement in whole or in part, where in the determination of the COUNTY there is:
10 1) An illegal or improper use of funds;
11 2) A failure to comply with any term of this Agreement;
12 3) A substantially incorrect or incomplete report submitted to the COUNTY;
13 4) Improperly performed service.
14 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
15 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
16 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
17 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
18 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
19 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
20 shall promptly refund any such SLFRF upon demand.
21 13. GRANT FUNDING/COMPENSATION
22 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
23 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to grant
24 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such grants, up to the total SLFRF grant, in an
25 amount not to exceed one million, nine-hundred, twenty-five thousand, five hundred dollars ($1,925,500).
26 It is expressly agreed and understood that the total amount of SLFRF to be granted by COUNTY to
27 SUBRECIPIENT for the Program shall not exceed $1,925,500 to fund the construction, management,
28 operation, and use of the Turnout on the FKC at the Big Dry Creek channel, thereby helping the COUNTY
15
1 recharge the local aquifer and to comply with SGMA, which is an eligible use under the Final Rule.
2 SUBRECIPIENT shall submit written payment requests for eligible and necessary expenses in support of
3 the Program. It is anticipated that$450,066 of the SRLRF funds available to the County exclusive of this
4 Agreement will be expended by Provost & Pritchard Consulting Group for the
5 design/environmental/permitting and payment of the U. S. Bureau of Reclamation fees for the Project as
6 shown on Exhibit B, which is attached and incorporated by this reference. SUBRECIPIENT will not be
7 performing design work, but construction only for$1,925,500 allocated to SUBRECIPIENT, with
8 SUBRECIPIENT also responsible to pay permitting and mitigation fees as described in the attached
9 Exhibit B expenditure page. Payment requests for the COUNTY to make such payments shall be in
10 accordance with the sample Payment Request Form, attached as Exhibit B and incorporated by this
11 reference. Payment requests shall include copies of purchase orders, receipts, and reimbursement
12 requests, detailing items purchased, and expenses incurred or anticipated to be incurred in support of the
13 Program for eligible items listed in Table 1-1 of Exhibit B of this Agreement.
14 In the first thirty (30) days following the Effective Date of this Agreement, SUBRECIPIENT may
15 make one (1) payment request to a maximum of six-hundred thousand dollars ($600,000), or equivalent to
16 approximately thirty-one percent (31%) of the Program's total budgeted amount ($1,925,500)to cover
17 eligible expenditures in support of the Program. The first payment request from SUBRECIPIENT to the
18 COUNTY shall also be accompanied by a written certification from the SUBRECIPIENT that the request
19 for payment, whether reimbursement or advancement, is consistent with the amount of work completed or
20 scheduled to be performed with the amount of funding being requested from the COUNTY, and that said
21 payment request is in accordance with the Program, Table 1-1 of Exhibit B of this Agreement. After
22 appropriate review and inspection of the first payment request, the COUNTY shall make the first payment
23 available to SUBRECIPIENT in a timely manner. After the first payment request, SUBRECIPIENT may
24 make additional subsequent payment requests to the COUNTY on a 60-day basis for eligible expenditures
25 to be funded with the remaining balance of the Program's budget in accordance with this Agreement.
26 SUBRECIPIENT must work to minimize the time between the request from the COUNTY and the
27 disbursement of funds to meet the Program needs. Upon receipt of purchase or work orders acceptable to
28 the COUNTY, COUNTY shall grant SLFRF to SUBRECIPIENT. SUBRECIPIENT is responsible for
16
1 monitoring the Program's cash flow needs and submitting payment requests to COUNTY in a timely
2 manner to assure adequate coverage of Program needs. It is understood that all expenses incidental to
3 SUBRECIPIENT's performance of services in carrying out its Program under this Agreement shall be
4 borne by SUBRECIPIENT.
5 SUBRECIPIENT shall submit documentation to the County of Fresno, Department of Public Works
6 and Planning, Water and Natural Resources Division located at 2220 Tulare Street, 6'" Floor, Fresno, CA
7 93721, or electronically to e-mail address PWPBusinessoffice@fresnocountyca.gov. Payment by County
8 shall generally be in arrears for services provided during the preceding period of time, within forty-five (45)
9 days from date of receipt, pending verification and approval of SUBRECIPIENT's invoice and supporting
10 documentation by COUNTY. Requests for advancement of funds for anticipated eligible expenditures shall
11 also be accompanied by a written certification from the SUBRECIPIENT that the funds to be advanced are
12 consistent with the amount of work scheduled to be performed or materials to be purchased with the
13 amount of funding being requested from the COUNTY, and that the payment request is in accordance with
14 the Program, Table 1-1 of Exhibit B of this Agreement. After appropriate review and inspection of the
15 payment request for advanced funding, the COUNTY shall make the payment available to
16 SUBRECIPIENT in a timely manner, less any amounts outstanding for which prior advanced funds have
17 not been fully expended or accounted with supporting documentation. If SUBRECIPIENT fails to comply
18 with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.
19 B. To ensure compliance with Federal and State regulations, COUNTY may require
20 additional supporting documentation or clarification of claimed expenses as follows:
21 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
22 documentation or clarification.
23 ii. SUBRECIPIENT shall respond within five (5) business days with required
24 additional documentation or clarification to avoid disallowances/partial payment of invoice.
25 iii. All invoices containing expenses that need additional documentation or
26 clarification not provided to COUNTY within five (5) business days of request shall have those expenses
27 disallowed, and only the allowed expenses shall be paid.
28 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
17
1 only, and must be accompanied by required documentation.
2 C. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
3 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
4 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
5 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
6 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
7 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
8 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
9 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
10 14. INDEPENDENT CONTRACTOR
11 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
12 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
13 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
14 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
15 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
16 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
17 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
18 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
19 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
20 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto.
21 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
22 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
23 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
24 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
25 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
26 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
27 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
28 15. MODIFICATION
18
1 Any matters of this Agreement may be modified from time to time by the written consent of all the
2 parties without, in any way, affecting the remainder. Changes to line items, as set forth in Exhibit B, that,
3 when added together during the term of the Agreement do not exceed ten percent (10%) of the total
4 maximum compensation payable to SUBRECIPIENT, may be made with the written approval of
5 SUBRECIPIENT and COUNTY's Director of the Department of Public Works and Planning, or designee.
6 These modifications shall not result in any change to the maximum compensation amount payable to
7 SUBRECIPIENT, as described in this Agreement.
8 16. NON-ASSIGNMENT
9 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
10 this Agreement without the prior written consent of the other party. COUNY and SUBRECIPIENT
11 acknowledge and agree that SUBRECIPIENT intends to use third-party contractors and subcontractors
12 to perform Project construction work anticipated by this Agreement.
13 17. HOLD HARMLESS
14 SUBRECIPIENT agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend
15 the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
16 attorney's fees and costs), penalties, fines, damages, liabilities, claims, and losses occurring or resulting
17 to COUNTY in connection with the performance, or failure to perform, by SUBRECIPIENT, its officers,
18 agents, or employees under this Agreement, and from any and all costs and expenses (including
19 attorney's fees and costs), penalties, fines, damages, liabilities, claims, and losses occurring or resulting
20 to any person, firm, or corporation who may be injured or damaged by the performance, or failure to
21 perform, of SUBRECIPIENT, its officers, agents, or employees under this Agreement.
22 COUNTY agrees to indemnify, save, hold harmless, and at SUBRECIPIENT'S request, defend
23 the SUBRECIPIENT, its officers, agents, and employees from any and all costs and expenses (including
24 attorney's fees and costs), penalties, fines, damages, liabilities, claims, and losses occurring or resulting
25 to SUBRECIPIENT in connection with the performance, or failure to perform, by COUNTY, its officers,
26 agents, or employees under this Agreement, and from any and all costs and expenses (including
27 attorney's fees and costs), penalties, fines, damages, liabilities, claims, and losses occurring or resulting
28 to any person, firm, or corporation who may be injured or damaged by the performance, or failure to
19
1 perform, of COUNTY, its officers, agents, or employees under this Agreement.
2 SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
3 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
4 Agreement.
5 SUBRECIPIENT shall indemnify COUNTY against any and all claims or actions by any person or
6 entity arising from any violation or alleged violation of Section 1(G), herein.
7 The provisions of this Section 17 shall survive the expiration or termination of this Agreement.
8 18. INSURANCE
9 SUBRECIPIENT shall comply with all the insurance requirements in Exhibit G to this Agreement.
10 19. RECORDKEEPING AND CONFIDENTIALITY
11 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
12 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
13 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
14 TREASURY may change and understands that any changes must be complied with. SUBRECIPIENT is
15 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
16 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
17 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
18 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
19 disclosure pursuant to the California Consumer Privacy Act (CCPA) to ensure against a breach of
20 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
21 established written policies and procedures that align with CCPA and shall follow such procedures.
22 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
23 procedures and shall be monitored for compliance.
24 20. AUDITS AND INSPECTIONS:
25 A. SUBRECIPIENT shall, at anytime during business hours, and as often as the
26 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
27 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
28 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
20
1 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
2 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
3 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
4 reviewing entity deems to be appropriate in order to determine:
5 1) Whether the objectives of the Program are being achieved;
6 2) Where the Program is being operated in an efficient and effective
7 manner;
8 3) Whether management control systems and internal procedures have
9 been established to meet the objectives of the Program;
10 4) Whether the financial operations of the Program are being conducted
11 properly;
12 5) Whether the periodic reports to the COUNTY contain accurate and
13 reliable information;
14 6) Whether all of the activities of the Program are conducted in compliance
15 with the provisions of state and federal laws and regulations and this
16 Agreement; and
17 7) Whether all activities associated with the Program are in compliance with
18 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
19 Guidance, and any subsequent guidance issued by TREASURY.
20 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
21 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
22 by the COUNTY or its designees, and the TREASURY, for five (5) years following termination of this
23 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
24 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
25 to promptly reimburse the COUNTY for such payments upon request.
26 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
27 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
28 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
21
1 requirements.
2 21. NOTICES The persons and their addresses having authority to give and receive notices
3 under this Agreement include the following:
4 COUNTY SUBRECIPIENT
County of Fresno, Fresno Irrigation District
5 Department of Public Works and Planning 2907 S. Maple Avenue
Water and Natural Resources Division Fresno, CA 93725
6 2220 Tulare Street, 6th Floor Attn: Bill Stretch, General Manager
Fresno, CA 93721
7 Attn: Augustine C. Ramirez, Division Manager
8 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
9 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
10 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
11 personal service is effective upon service to the recipient. A notice delivered by first-class United States
12 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
13 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
14 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
15 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
16 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
17 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
18 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
19 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
20 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
21 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
22 beginning with section 810).
23 22. GOVERNING LAW
24 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
25 California. The rights and obligations of the parties and all interpretation and performance of this
26 Agreement shall be governed in all respects by the laws of the State of California.
27 23. ADVICE OF ATTORNEY
28 Each party warrants and represents that in executing this Agreement, it has received
22
1 independent legal advice from its attorneys, or the opportunity to seek such advice.
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
23
1 may sign this Agreement with an original handwritten signature.
2 26. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
3 SUBRECIPIENT and COUNTY with respect to the subject matter hereof, and supersedes all previous
4 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
5 understanding of any nature whatsoever unless expressly included in this Agreement. Notwithstanding this
6 provision, any additional requirements and/or guidelines set forth by the TREASURY regarding the uses
7 and reporting requirements for ARPA SLFRF after the execution of this Agreement shall be understood to
8 be integrated into this Agreement, and binding on the parties.
9 [SIGNATURE PAGE FOLLOWS]
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1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3
4 SUBR�C� /�• COUNTY OF FRESNO —
5 (,///
Bill Stretch, General Manager of the Nathan Magsig, Chairman of the Board of
6 Fresno Irrigation District Supervisors of the County of Fresno
7
8 2907 S. Maple Avenue
Fresno, CA 93725
9
10
11 ATTEST:
Bernice E. Seidel
12 Clerk of the Board of Supervisors
County of Fresno, State of California
13
14
15
1 By:6 J� �
Deputy
17 FOR ACCOUNTING USE ONLY:
Fund: 0400
18
Subclass: 10070
19
ORG: 8870
20
Account: 8400
21
Program 91826
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1 EXHIBIT A
2 Program Description
3 Fresno Irrigation District, SUBRECIPIENT, is a member agency of the North Kings Groundwater
4 Sustainability Agency (NKGSA), a seven-member joint power authority formed under State law that is
5 responsible to develop and implement plans to comply with the State's Sustainable Groundwater
6 Management Act of 2014. The goal of the NKGSA is to ensure that by 2040, the Kings Subbasin of the
7 San Joaquin Valley Basin (ID 5-022.08) is managed in a sustainable manner to maintain reliable water
8 supply for current and future uses.
9 The SUBRECIPIENT represents that the Program's diverted water will be used to recharge the
10 groundwater aquifer, and increase access and reliability to clean drinking water for members of the
11 NKGSA. Diverting water may occur during flood releases from Millerton Lake allowing beneficial use of
12 surface water that would otherwise be lost to areas outside the County. Diversion of this water during
13 flood releases will also provide relief for downstream communities including the City of Firebaugh and the
14 City of Mendota who have both experienced flooding events as a result of such releases.
15 SUBRECIPIENT intends to use SLFRF to fund the construction, management, operation, and use of
16 a Turnout on the Friant-Kern Canal at the Big Dry Creek channel. The Turnout will offset groundwater
17 overdraft within the undistricted lands within the GSA by routing water to the Big Dry Creek channel.
18 Recharging the groundwater aquifer would help to stabilize declining groundwater levels that will lead to
19 decreased energy use from users not having to pump groundwater from deeper in the aquifer and achieve
20 State and local long-term groundwater sustainability goals.
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1 EXHIBIT B
2 Subrecipient Expenditure Plan
3 SUBRECIPIENT shall provide to COUNTY payment requests for eligible expenses to complete
4 the Program. In the first thirty (30) days following the Effective Date of this Agreement, SUBRECIPIENT
5 may make one (1) payment request up to a maximum of six hundred thousand dollars ($600,000), or
6 equivalent to approximately thirty one percent (31%) of the Program's total budgeted amount
7 ($1,925,500) to cover eligible expenditures in support of the Program. Payment requests shall be made
8 on a 60-day basis thereafter. The first payment request from SUBRECIPIENT to the COUNTY shall also
9 be accompanied by a written certification from SUBRECIPIENT that the request for payment is
10 consistent with the amount of work scheduled to be performed or materials to be purchased with the
11 amount of funding being requested from the COUNTY, and that said payment request is in accordance
12 with the Program, Table 1-1 of Exhibit B of this Agreement. SUBRECIPIENT shall use the Payment
13 Request Form to submit detailed payment requests for eligible expenses and include purchase orders,
14 receipts, and reimbursement requests, detailing items purchased, and expenses incurred or anticipated
15 to be incurred in support of the Program as represented in Table 1-1, below. The Program is anticipated
16 to be completed in 18-24 months.
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1 EXHIBIT B (continued)
2 Table 1-1, Expenditure Plan
3
4 Agreement with Fresno Irrigation District
Friant-Kern Canal Turnout Estimated Costs
5 County Funding
Item Total FID Cost Notes
6
Cost through ARPA Share
Public Works and
Department ARPA Program Management cost
7 Planning, Project
Management Costs $124,434 $124,434 consisting of personnel and related expenses.
8
Design/Environmental/ County's contract with Provost&Pritchard
9 Permitting&USBR $450,066 $450,066 Consulting Group.
10 fees
Permitting& All future permitting fees to be paid for by FID once
11 Mitigation Fees Subrecipient agreement is executed. Estimated cost
12 $333,950 *$333,950 of$333,950 will be part of the contracted total of
$1,925,500 passthrough County ARPA funding
13 with FID. FID to submit reimbursement request to
County.
14 Construction cost estimate based on EOPCC. FID
15 Construction $2,483,000 *$1,591,550 $891,450 will bid out and contract for construction and
submit reimbursement request to County in an
16 amount not to exceed the remaining ARPA
funding available from the total contracted
17 amount of$1,925,500.
18 Includes construction inspections, pre-
Construction $396,463 $396,463 construction permit required surveys,post project
19 Inspection/Surveys reporting,and permit closeout. I tem will be re-
scoped by FID once plans and permits are
20 finalized.
21 Totall $3,787,913 1 $2,500,000 1 $1,287,913
22 *Total ARPA reimbursement compensation to FID is not to exceed$1,925,500.
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1 EXHIBIT B (continued)
2 Payment Request Form
3 Date:
4
County of Fresno,
5 Department of Public Works and Planning
Water and Natural Resources Division
6 2220 Tulare Street, 6th Floor
Fresno, CA 93721
7
8 Agreement No: ##-###
Program: Title of Program
9 Subrecipient Name
Subrecipient Remittance Address
10 Subrecipient Remittance Address City, CA
Zip Code
11 UEI: Unique Entity ID#
12
Subject: Payment Request
13
In accordance with the executed Agreement for the above-referenced Program, the
14
[SUBRECIPIENT NAME] is requesting a payment of$ in support of the Program.
15
The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the amount
16
of work that has been completed to date, detailing items purchased, and expenses incurred or
17
anticipated to be incurred in support of the Program in accordance with the subrecipient
18
expenditure plan (Exhibit B, Table 1-1) documented in the executed Agreement, and as
19
evidenced by the enclosed invoices and supporting documents.
20
Line Item Vendor/ Invoice #/ Contract# Amount
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22
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24
Sincerely,
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[Subrecipient Officer]
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[Subrecipient Name]
27
Enclosure(s)
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1 EXHIBIT C
2 Subrecipient Quarterly Program Expenditure Report (Template)
3 PROGRAM
4 Unique Entity ID (UEI): Agreement Number:
5 Name of Entity: Program Name:
6 Reporting Period Start Date: Reporting Period End Date:
7 Expenditure Category: 5 Infrastructure
8 Total Award: $1,925,500 Remaining Balance:
9
EXPENDITURES
10 Category
Expenditures Obligations Period Period
11 to . . . . Obligations
12 5 Infrastructure
13 5.18 Water and Sewer: Other,
Groundwater Protection
14 and Restoration: Aquifer
Recharge Projects.
15
16 TOTAL
17 PROJECT STATUS & ACHIEVEMENTS
Q arterly Status Report, select one.
18 Not started
19 completed less than 50 percent
completed more than 50 percent
20 Completed
21 Describe program achievements and upcoming milestones:
22
23
24 AUTHORIZED SIGNATURE
25
26
27 Prepared by: (print name and Sign) Date
28
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1 EXHIBIT D
2 Annual Performance Report
3 All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are
4 required to produce an Annual Report. The Annual Report provides information on the
5 SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an
6 effective and equitable manner.
7 The initial Annual Report must cover the period from the date of award to the following June 30th and
8 must be submitted to the County within 15 calendar days after the end of the reporting period.
9 Thereafter, the Annual Report will cover a 12-month period and subrecipients will be required to
10 submit the report to the County within 15 calendar days after the end of the 12-month period (by July
11 15th).
12Annual Period Covered Due Date
Rer)
rt
13 1 • Award — June 30 2022 July 15 2022
14 2 July 1 2022 — June 30 2023 July 15 2023
3 July 1 2023 — June 30 2024 July 15 2024
15 4 July 1, 2024 — June 30, 2025 July 15, 2025
16 5 July 1, 2025 — June 30, 2026 July 15, 2026
6 1 July 1, 2026 — December 31, 2026 1 January 15, 2027
17
18 Instructions:
19 SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
20 Responsibilities (Reporting Guidance) located at: https:Hhome.treasurV.gov/system/files/136/SLFRF-
21 Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
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1 Exhibit E
2 SELF-DEALING TRANSACTION DISCLOSURE FORM
3 In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members
4 of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any
5 self-dealing transactions that they are a party to while providing goods, performing services, or both
6 for the County. A self-dealing transaction is defined below:
7 "A self-dealing transaction means a transaction to which the corporation is a party and in which one or
8 more of its directors has a material financial interest"
9
10 The definition above will be utilized for purposes of completing this disclosure form.
11
12 INSTRUCTIONS
13 (1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
14
15 (2) Enter the board member's company/agency name and address.
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17 (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
18 County. At a minimum, include a description of the following: a. The name of the
19 agency/company with which the corporation has the transaction; and b. The nature of the material
20 financial interest in the Corporation's transaction that the board member has.
21
22 (4) Describe in detail why the self-dealing transaction is appropriate based on applicable
23 provisions of the Corporations Code.
24
25 (5) Form must be signed by the board member that is involved in the self-dealing transaction
26 described in Sections (3) and (4).
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1 EXHIBIT E
2 Self-Dealing Transaction Disclosure Form
3
4 (1)Company Board Member Information:
5 Name: Date:
Job Title:
6 (2)Company/Agency Name and Address:
7
8
9
10
11
12 (3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to)
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18 (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code§
5233 (a)
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25 (5)Authorized Signature
26 Signature: Date:
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1 EXHIBIT F
2 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
3 AWARD TERMS AND CONDITIONS
4 1. Use of Funds.
5 a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
6 in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations
7 implementing that section, and guidance issued by Treasury regarding the foregoing.
8 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
9 institutional, managerial, and financial capability to ensure proper planning, management, and
10 completion of such project.
11
12 2. Period of Performance. The period of performance for this award begins on the date hereof and
13 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
14 award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on
15 December 31, 2026.
16
17 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
18 they relate to this award.
19
20 4. Maintenance of and Access to Records.
21 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
22 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
23 Treasury regarding the foregoing.
24 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
25 authorized representatives, shall have the right of access to records (electronic and otherwise) of
26 Subrecipient in order to conduct audits or other investigations.
27 c) Records shall be maintained by Subrecipient for a period of five (5)years after all funds have been
28 expended or returned to Treasury, whichever is later.
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1
2 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
3 from this award.
4
5 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
6 and indirect costs as specified in the Scope of Work.
7
8 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
9
10 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
11 policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
12 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
13 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
14 accordance with 2 C.F.R. § 200.112.
15
16 9. Compliance with Applicable Law and Regulations.
17 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
18 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
19 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
20 and executive orders, and Subrecipient shall provide for such compliance by other parties in any
21 agreements it enters into with other parties relating to this award.
22 b) Federal regulations applicable to this award include, without limitation, the following:
23 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
24 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
25 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
26 Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the
27 Single Audit Act, shall apply to this award.
28
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1 ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant
2 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
3 by reference.
4 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
5 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
6 by reference.
7 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
8 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
9 condition in all lower tier covered transactions (contracts and subcontracts described in 2
10 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
11 implementing regulation at 31 C.F.R. Part 19.
12 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
13 in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
14 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
15 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
16 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§
17 4601-4655) and implementing regulations.
18 ix. 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
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1 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
2 prohibits discrimination on the basis of disability under any program or activity receiving
3 federal financial assistance;
4 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
5 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
6 the basis of age in programs or activities receiving federal financial assistance; and
7 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
8 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
9 services provided or made available by state and local governments or instrumentalities or
10 agencies thereto.
11
12 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
13 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
14 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
15 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
16 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
17 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
18 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
19
20 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
21 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
22 employees whose principal employment is in connection with an activity financed in whole or in part by this
23 federal assistance.
24
25 12. False Statements. Subrecipient understands that making false statements or claims in connection
26 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
27 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
28 or contracts, and/or any other remedy available by law.
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1
2 13. Publications. Any publications produced with funds from this award must display the following
3 language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
4 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
5
6 14. Debts Owed the Federal Government.
7 a) Any funds paid to Subrecipient(1) in excess of the amount to which Subrecipient is finally
8 determined to be authorized to retain under the terms of this award; (2) that are determined by the
9 Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
10 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D)of the Act and
11 have not been repaid by Subrecipient shall constitute a debt to the federal government.
12 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
13 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
14 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
15 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
16 actions available to it to collect such a debt.
17
18 15. Disclaimer.
19 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
20 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
21 damages, or any other losses resulting in any way from the performance of this award or any
22 contract, or subcontract under this award.
23 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
24 between the United States and Subrecipient.
25
26 16. Protections for Whistleblowers.
27 a) In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise
28 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
38
1 provided below, information that the employee reasonably believes is evidence of gross
2 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
3 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
4 a violation of law, rule, or regulation related to a federal contract (including the competition for or
5 negotiation of a contract)or grant.
6 b) The list of persons and entities referenced in the paragraph above includes the following:
7 i. A member of Congress or a representative of a committee of Congress;
8 ii. An Inspector General;
9 iii. The Government Accountability Office;
10 iv. A Treasury employee responsible for contract or grant oversight or management;
11 V. An authorized official of the Department of Justice or other law enforcement agency;
12 vi. A court or grand jury; or
13 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
14 has the responsibility to investigate, discover, or address misconduct.
15 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
16 section, in the predominant native language of the workforce.
17
18 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
19 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
20 policies and programs for their employees when operating company-owned, rented or personally owned
21 vehicles.
22
23 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6,
24 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
25 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
26 to decrease accidents caused by distracted drivers.
27
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1 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
2 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
3
4 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
5 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
6 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
7 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
8 and other arrangements with the intention of providing assistance. Federal financial assistance does not
9 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
10 the Federal government at market value, or programs that provide direct benefits.
11 The assurances apply to all federal financial assistance from, or funds made available through the
12 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
13 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
14 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
15 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
16
17 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
18 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
19 discrimination under programs and activities receiving federal financial assistance, of any person in
20 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
21 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
22 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
23 memoranda, and/or guidance documents.
24 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
25 with Limited English Proficiency," seeks to improve access to federally assisted programs and
26 activities for individuals who, because of national origin, have Limited English proficiency(LEP).
27 Subrecipient understands that denying a person access to its programs, services, and activities
28 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
40
1 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
2 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
3 directives, to ensure that LEP persons have meaningful access to its programs, services, and
4 activities. Subrecipient understands and agrees that meaningful access may entail providing
5 language assistance services, including oral interpretation and written translation where necessary,
6 to ensure effective communication in the Subrecipient's programs, services, and activities.
7 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
8 develops applicable budgets and conducts programs, services, and activities. As a resource, the
9 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
10 on taking reasonable steps to provide meaningful access for LEP persons, please visit
11 http://www.lep.gov.
12 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
13 of continued receipt of federal financial assistance and is binding upon Subrecipient and
14 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
15 provided.
16 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
17 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
18 agrees to incorporate the following language in every contract or agreement subject to Title VI and
19 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
20 subcontractors, successors, transferees, and assignees:
21 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
22 comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
23 financial assistance from excluding from a program or activity, denying benefits of, or
24 otherwise discriminating against a person on the basis of race, color, or national origin (42
25 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI
26 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
27 this contract(or agreement). Title VI also includes protection to persons with "Limited
28 English Proficiency"in any program or activity receiving federal financial assistance, 42
41
1 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
2 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
3 contract or agreement.
4 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
5 with the aid of federal financial assistance by the Department of the Treasury, this assurance
6 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
7 during which the real property or structure is used for a purpose for which the federal financial
8 assistance is extended or for another purpose involving the provision of similar services or benefits.
9 If any personal property is provided, this assurance obligates the Subrecipient for the period during
10 which it retains ownership or possession of the property.
11 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
12 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
13 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
14 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
15 and reporting requirements.
16 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
17 complaints of discrimination on the grounds of race, color, or national origin, and limited English
18 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
19 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
20 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
21 Subrecipient has received no complaints under Title VI.
22 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
23 compliance of Title VI and efforts to address the non-compliance, including any voluntary
24 compliance or other agreements between the Subrecipient and the administrative agency that
25 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
26 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
27 of any court or administrative agency finding of discrimination, please so state.
28
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1 10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
2 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
3 authorities covered in this document. State agencies that make sub-awards must have in place
4 standard grant assurances and review procedures to demonstrate that they are effectively
5 monitoring the civil rights compliance of subrecipients.
6 The United States of America has the right to seek judicial enforcement of the terms of this assurances
7 document, and nothing in this document alters or limits the federal enforcement measures that the United
8 States may take in order to address violations of this document or applicable federal law.
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1
2
3 Exhibit G
4 Insurance Requirements
5 1. Required Policies
6 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
7 insurance policies throughout the term of this Agreement.
8 (A) Commercial General Liability. Commercial general liability insurance with limits of not less than
9 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
10 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
11 Fresno, its officers, agents, employees, and volunteers, individually and collectively, as
12 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,
13 or self-insurance, maintained by the County is excess only and not contributing with insurance
provided under the SUBRECIPIENT's policy.
14
(B) Automobile Liability. Automobile liability insurance with limits of not less than One Million
15 Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must
16 include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of the State
17 of California with statutory limits.
18 (D) Employer's Liability. Employer's liability insurance with limits of not less than One Million
19 Dollars ($1,000,000) per occurrence for bodily injury and for disease.
20 (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
21 ($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
22 policy and provide to the County annual evidence of insurance for not less than five years after
23 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
24 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
25 services under this Agreement.
26 2. Additional Requirements
27 (A) Verification of Coverage. Within 30 days after the SUBRECIPIENT signs this Agreement, and
28 at any time during the term of this Agreement as requested by the County's Risk Manager or the
44
1 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
2 93721, or HRRiskManagement@fresnocountyca.gov, and by mail or email to the person
3 identified to receive notices under this Agreement, certificates of insurance and endorsements
for all of the coverages required under this Agreement.
4
(i) Each insurance certificate must state that: (1) the insurance coverage has been obtained
5 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
6 right to recover from the County, its officers, agents, employees, and volunteers any
7 amounts paid under any insurance policy required by this Agreement and that waiver
does not invalidate the insurance policy.
8 (ii) The commercial general liability insurance certificate must also state, and include an
g endorsement, that the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, are additional insureds insofar as the operations under this
10 Agreement are concerned. The commercial general liability insurance certificate must
11 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
12 insurance provided under the SUBRECIPIENT's policy.
13 (iii) The automobile liability insurance certificate must state that the policy covers any auto
used in connection with this Agreement.
14
(iv) The professional liability insurance certificate, if it is a claims-made policy, must also state
15 the retroactive date of the policy, which must be prior to the date on which services
16 began under this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be issued
17 by admitted insurers licensed to do business in the State of California and possessing at all
18 times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII.
19 (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
20 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
21 shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in
22 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
23 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
24 provide a written notice required by this paragraph is a breach of this Agreement.
25 (D) County's Entitlement to Greater Coverage. If the SUBRECIPIENT has or obtains insurance
26 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,
27 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
28 broader coverage, higher limits, or both, as required under this Agreement.
45
1 (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
2 compensation insurance required by this Agreement. The SUBRECIPIENT is solely responsible
3 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
4 SUBRECIPIENT obtains such an endorsement.
5 (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
6 addition to any other remedies it may have, suspend or terminate this Agreement upon the
7 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
8 owed by the County to the SUBRECIPIENT under this Agreement.
9 (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
10 insurance requirements provided in this Agreement. This paragraph does not authorize the
11 SUBRECIPIENT to provide services under this Agreement using subcontractors.
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