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Home My WebLink AboutP-25-019 Binational of Central California.pdf 1-0 County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet•Graphics• Purchasing •Security•Technology O� 1$5 O ORES PROCUREMENT AGREEMENT Agreement Number P-25-019 January 27, 2025 Binational of Central California 1241 E. Shaw Ave Fresno, CA 93710 The County of Fresno (County) hereby contracts with Binational of Central California (Contractor)to provide outreach services in accordance with the text of this agreement, Attachment"A", and Attachment "B" by this reference made a part hereof. TERM: This Agreement shall become effective January 1, 2025 and shall remain in effect through December 31, 2025. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A" attached, at the rates set forth in Attachment"A". ORDERS: Orders will be placed on an as-needed basis by County of Fresno, Department of Public Health under this contract. PRICES: Prices shall be firm for the contract period. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of seventy-four thousand four hundred and thirteen dollars ($74,413.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 *The County of Fresno is an Equal Employment Opportunity Employer* PROCUREMENT AGREEMENT NUMBER: P-25-019 Page 2 Binational of Central California January 27, 2025 INVOICE TERMS: Net forty-five (45)days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement(JPA)throughout the term of the Agreement: A. Commercial General Liability: Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor's policy. B. Automobile Liability: Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement. C. Professional Liability: Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1)the retroactive date must be prior to the date on which services began under this Agreement; (2)the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall P-25-019 Binational of Central California PROCUREMENT AGREEMENT NUMBER: P-25-019 Page 3 Binational of Central California January 27, 2025 purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. D. Worker's Compensation: Workers compensation insurance as required by the laws of the State of California with statutory limits. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty(30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty(30)days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O. Box 11867, Fresno, CA 93775 (Attention: Contracts Section —6t" Floor) or via email: DPHcontracts@fresnocountyca.gov, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days advance, written notice given to County. Certificates of Insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. P-25-019 Binational of Central California PROCUREMENT AGREEMENT NUMBER: P-25-019 Page 4 Binational of Central California January 27, 2025 Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement(excluding Attachment"A" and Attachment"B"); (2)Attachment"A"; (3)Attachment "B„ GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted (for example by PDF document)of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. P-25-019 Binational of Central California PROCUREMENT AGREEMENT NUMBER: P-25-019 Page 5 Binational of Central California January 27, 2025 Please refer any inquiries in this matter to May Vue, Purchasing Analyst, at 559-600-7118 or mayvue1(c_fresnocountyca.gov. FOR THE COUNTY OF FRESNO Riley Blckbur Riley Blackburn Datlea12025.02.06ly signedy 9:1139a08'OOn Riley Blackburn Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 P-25-019 Binational of Central California PROCUREMENT AGREEMENT NUMBER: P-25-019 Page 6 Binational of Central California January 27, 2025 CONTRACTOR TO COMPLETE: Company: BINATIONAL OF CENTRAL CALIFORNIA Type of Entity: ❑ Individual ❑ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ❑ Corporation ❑ General Partnership *Nonprofit 1241 E. SHAW AVE FRESNO CA 93710 Address City State Zip 559-999-1456 ricardo@binationalca.org TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Ricardo Castorena - CEO Title: Print Name &Title: Signature: �}o`� w Signature: ACCOUNTING USE ONLY ORG No.: 56201022 Account No.: 7295 Requisition No.: 5622500665 (7/2024) P-25-019 Binational of Central California P-25-019 Attachment"A" Rural Mobile Health Program: Event Coordination Services The Fresno County Rural Mobile Health Program (RMH) brings health care services at no cost to rural community locations and agricultural workplaces by scheduling visits to sites that serve individuals who may have trouble getting to a doctor. As part of this program, UCSF-Fresno and the Fresno State Mobile Health Unit in collaboration with Saint Agnes Medical Center will be delivering these medical services with their mobile health units. Community Health Workers(CHWs)will also assist by providing education on various health related topics and linking individuals without a medical home to a nearby primary care doctor. Community leaders in the rural areas of the county and Fresno County agricultural employers can request a RMH event for their venue at no-cost. A minimum 2-week lead time is required for requests. Events will be public and private depending on the agency hosting the event. RMH events are intended to operate any day of the week, including some weekends and evenings.The RMH medical teams can provide medical services for a maximum duration of 5 hours/day. RMH event coordination vendor should have direct access to farmworkers and agricultural employers to efficiently: • Outreach to targeted rural communities and agricultural employers in Fresno County to promote RMH services and encourage hosting future RMH events. • Collaborate with Fresno County Department of Public Health staff, RMH medical providers and contracted CHWs to coordinate RMH events. • Provide a designated point person as event coordinator at each RMH event that the vendor scheduled. Term of RMH event coordination services: December 1, 2024 through November 30, 2025 Please provide the vendor information requested below. 1. Vendor name,contact person,address,phone number and email address. Binational of Central California 1241 E. Shaw Ave Fresno, CA 93710 Ricardo Castorena, Executive Director rcardo@binationalca.or� 559-999-1456 2. Brief description of your organization. Binational of Central California (Binational),founded nearly a decade ago, is a trusted community partner,source of invaluable community resources and advocate for thousands of residents throughout the central valley of California. Specifically, Fresno, Madera, Kings,Tulare and Kings Counties. As the largest and most experienced community outreach organization in the center of California, Binational has developed an unparalleled level of community involvement with a core mission to help communities rise. 3. Describe unique qualities and/or capabilities of your services. In order to ensure communities can rise, providing medically accurate outreach and services that support the whole person are really critical when tackling health disparities among people who are low P-25-019 Attachment"A" Rural Mobile Health Program: Event Coordination Services wealth,speak limited English, and primarily farmworkers or frontline staff. In order to do this effectively, Binational begins building deep-rooted relationships with organizations in each respective city and with the resident's themselves, creating opportunities to build trust. We do this through outreach events with food, music, and people who speak the languages reflective in the community so everyone is included that are established and then anchored in the community through a regular series of events. We consider a community not solely by city, but by neighborhood, particularly when working in Fresno County where we prioritize some of the most disinvested areas. When working in rural communities, we do not simply show up and become the latest organization from the'outside'to serve, but we build strong partnerships with any existing organization that is respected within that community and serve as an accelerate and capacity builder providing them with additional outreach,staff to leverage and a broad spectrum of resources and wraparound services to help the community and those they serve rise together. Examples include, but are not limited to health assessments and vaccine information,financial assistance(tax season,financial literacy), and various trusted messenger emergency response information (i.e. beat the heat,save our water, ITIN filing, Vaccinate 58). While organizations have some form of outreach,the breadth,depth and follow up that Binational provides, all culturally informed, coupled with expansive and sustainable partnerships are examples of Binational's unique capabilities. It is also important to note that Binational is deeply entrenched not only in rural towns and cities within Fresno County, but has deep relationships with agricultural employers and farmworkers. While there are multiple examples of this, a few include: • A USDA Food and Farmworker Financial Relief Grantee: Parting with the United States Department of Agriculture and the United Way, Binational is working with agricultural employers throughout Fresno County to provide$600 in financial relief to essential farmworkers who worked during the COVID-19 pandemic. In addition to the financial relief, Binational is providing wraparound community referrals and resources and linking these essential workers to the RMH would make perfect sense and strengthen the wraparound services. • Partnering with some of the larger food and agricultural employers within Fresno County including:Cargill Meat Solutions,Stamoules Produce Company, FreshKo Produce,to name a few. While the list of Binational partners consistently grows,for this project, Binational will work with the following partners in the following cities/towns served within Fresno County:Fresno(urban disinvested areas that are underserved), Mendota,Tranquility, Cantua Creek,Sanger, Del Rey, Firebaugh,San Joaquin, Parlier, Orange Cove, Biola. Binational has key partners including but not limited to: Las Panchas,the Mexican Consulate, United Way,AMOR(Alliance for Medical Outreach and Relief),Cultiva La Salud,The Central Valley Community Food Bank, Poverello House, Centro La Familia, California Farmworker Foundation, UFW Foundation, Education and Leadership Foundation,SIREN, and Central Binacional-CBDIO Fresno.These organizations are key partners that provide resources and critical services to residents of Fresno and participate regularly in Binational's outreach events.The referrals are reciprocal as these organizations act as ambassadors, referring people back to Binational and promoting our resources as well. P-25-019 Attachment"A" Rural Mobile Health Program: Event Coordination Services 4. Describe expectations and limitations to providing the services desired. • The biggest limitation is identifying the frequency of the rural mobile health outreach for regularly occurring episodic events and narrowing in specific locations. Binational is fully open, willing and interested in serving any areas that the County prioritizes with specific expertise in rural communities,which is where this project is highly aligned. Not only is Binational an expert in this area, but this is a core focus of the work. The scope and budget reflect isolated costs for specific events, but keep in mind that where applicable, Binational can reduce costs based on other funding or can provide mobile rural health services to additional areas, leveraging and matching the county's cost where other funding is available. • Binational also is trying to obtain an actual mobile health vehicle and if we could gain access to that or have the county's support in obtaining this that would be helpful. While this would not limit Binational's ability to provide RMH services now, it would be an accelerant to the work. • Binational is expecting to collaborate with key RMH partners (i.e. community health workers)to coordinate both new and existing events. One of the key staples in our work is finding the best possible time to drive traffic and maximize outreach that works for the residents and around resident availability.The timing of events is really important to guarantee the right level of foot traffic and our hope is to coordinate with existing partners to find the best possible times to initiate outreach for the health assessments. S. Cost per RMH event organized. Include a breakdown of the cost(Ex:$1500;includes Staff time,travel to site, prorated amount of materials/equipment needed,etc.). Cost per RMH event organized:$10,000—Large event Personnel: Includes 82 hours of staff time for pre and post event outreach and wrap up as well as the event itself. This includes designated event coordinator as well as the pre-event coordination with the Department of Public Health and the CHW's and all relevant partners.This also includes phone banking, and canvassing to drive traffic to the event. Personnel cost is$5,667 including fringe benefits. #of Personnel Hours houriv rate be#of hours Executive Director � S240.35 Director S 1 S0.29 Proaraui NIanager 5175.00 Prosrani_ManaQer 15 S432.69 Program Coordinator 20 S480.77 Outreach Specialist 0) 32 53.461.54 Total: 82 S4,970.67 Event costs(mileage,food and promotion): $2,000 for food for over 100 people. $333 for mileage (2-4 trips/event including pre-event outreach across 3 cars). P-25-019 Attachment"A" Rural Mobile Health Program: Event Coordination Services $1,000 for operations and administrative costs for event planning. Cost for promotion of each RMH event: Include a breakdown of the cost. $1,000 for promotion of each event.This includes the phone banking and follow up as well as social media/marketing promotion and cost of flyers. Cost per RMH event organized:$5,500—Small event(100 attendees or less) Personnel: Includes 82 hours of staff time for pre and post event outreach and wrap up as well as the event itself. This includes designated event coordinator as well as the pre-event coordination with the Department of Public Health and the CHW's and all relevant partners.This also includes phone banking,and canvassing to drive traffic to the event. Personnel cost is$2,833.52 including fringe benefits. Personnel #of Hours Hourly rate by#of hours Executive Director 5 $120.19 Director 5 $90.15 Program Manager 5 $87.50 Program Manager 15 $216.35 Program Coordinator 20 $240.39 Outreach Specialist(5) 32 $1,730.77 Total 82 $2,485.35 Event costs(mileage,food and promotion): $1,500 for food for 100 people. $166.48 for mileage(2-4 trips/event including pre-event outreach across 3 cars). $500 for operations and administrative costs for event planning. Cost for promotion of each RMH event: Include a breakdown of the cost. $500 for promotion of each event.This includes the phone banking and follow up as well as social media/marketing promotion and cost of flyers. Completed by: Ricardo Castorena, President&CEO 01/06/2025 Name,Title Date P-25-019 Attachment"B" 1 Attachment B 2 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND 3 AWARD TERMS AND CONDITIONS 4 1. Use of Funds. 5 a) Subrecipient understands and agrees that the funds disbursed under this award may only be used 6 in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations 7 implementing that section, and guidance issued by Treasury regarding the foregoing. 8 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the 9 institutional, managerial, and financial capability to ensure proper planning, management, and 10 completion of such project. 11 12 2. Period of Performance. The period of performance for this award begins on the date hereof and 13 ends on December 31, 2026.As set forth in Treasury's implementing regulations, Subrecipient may use 14 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on 15 December 31, 2024. 16 17 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as 18 they relate to this award. 19 20 4. Maintenance of and Access to Records. 21 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with 22 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by 23 Treasury regarding the foregoing. 24 b) The Treasury Office of Inspector General and the Government Accountability Office, or their 25 authorized representatives, shall have the right of access to records (electronic and otherwise) of 26 Subrecipient in order to conduct audits or other investigations. 27 28 1 P-25-019 Attachment"B" 1 c) Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been 2 expended or returned to Treasury, whichever is later. 3 4 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding 5 from this award. 6 7 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct 8 and indirect costs as specified in the Scope of Work. 9 10 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient. 11 12 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest 13 policy consistent with 2 C.F.R. §200.318(c), and that such conflict-of-interest policy is applicable to each 14 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the 15 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in 16 accordance with 2 C.F.R. § 200.112. 17 18 9. Compliance with Applicable Law and Regulations. 19 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted 20 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the 21 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, 22 and executive orders, and Subrecipient shall provide for such compliance by other parties in any 23 agreements it enters into with other parties relating to this award. 24 b) Federal regulations applicable to this award include, without limitation, the following: 25 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal 26 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are 27 inapplicable to this Award and subject to such exceptions as may be otherwise provided by 28 2 P-25-019 Attachment"B" 1 Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the 2 Single Audit Act, shall apply to this award. 3 ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant 4 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated 5 by reference. 6 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant 7 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated 8 by reference. 9 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension 10 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or 11 condition in all lower tier covered transactions (contracts and subcontracts described in 2 12 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's 13 implementing regulation at 31 C.F.R. Part 19. 14 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth 15 in 2 C.F.R. Part 200, Appendix XI to Part 200 is hereby incorporated by reference. 16 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. 17 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. 18 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 19 ix. U.S.C. §§4601-4655) and implementing regulations. 20 X. Generally applicable federal environmental laws and regulations. 21 c) Statutes and regulations prohibiting discrimination applicable to this award include, without 22 limitation, the following: 23 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§2000d et seq.) and Treasury's 24 ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of 25 race, color, or national origin under programs or activities receiving federal financial 26 assistance; 27 28 3 P-25-019 Attachment"B" 1 iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), 2 which prohibits discrimination in housing on the basis of race, color, 3 iv. religion, national origin, sex, familial status, or disability; 4 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which 5 prohibits discrimination on the basis of disability under any program or activity receiving 6 federal financial assistance; 7 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101 et seq.), and 8 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on 9 the basis of age in programs or activities receiving federal financial assistance; and 10 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et 11 seq.), which prohibits discrimination on the basis of disability under programs, activities, and 12 services provided or made available by state and local governments or instrumentalities or 13 agencies thereto. 14 15 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act, 16 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program 17 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future 18 award funds, if any, or take other available remedies as set forth in 2 C.F.R. §200.339. In the case of a 19 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall 20 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be 21 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable. 22 23 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act(5 24 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government 25 employees whose principal employment is in connection with an activity financed in whole or in part by this 26 federal assistance. 27 28 4 P-25-019 Attachment"B" 1 12. False Statements. Subrecipient understands that making false statements or claims in connection 2 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, 3 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards 4 or contracts, and/or any other remedy available by law. 5 6 13. Publications. Any publications produced with funds from this award must display the following 7 language: "This project[is being] [was] supported, in whole or in part, by federal award number SLFRP 8 3678 awarded to County of Fresno by the U.S. Department of the Treasury." 9 10 14. Debts Owed the Federal Government. 11 a) Any funds paid to Subrecipient(1) in excess of the amount to which Subrecipient is finally 12 determined to be authorized to retain under the terms of this award; (2)that are determined by the 13 Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury 14 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and 15 have not been repaid by Subrecipient shall constitute a debt to the federal government. 16 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A 17 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for 18 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly 19 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any 20 actions available to it to collect such a debt. 21 22 15. Disclaimer. 23 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third 24 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property 25 damages, or any other losses resulting in any way from the performance of this award or any 26 contract, or subcontract under this award. 27 28 5 P-25-019 Attachment"B" 1 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship 2 between the United States and Subrecipient. 3 4 16. Protections for Whistleblowers. 5 a) In accordance with 41 U.S.C. §4712, Subrecipient may not discharge, demote, or otherwise 6 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities 7 provided below, information that the employee reasonably believes is evidence of gross 8 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority 9 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or 10 a violation of law, rule, or regulation related to a federal contract(including the competition for or 11 negotiation of a contract) or grant. 12 b) The list of persons and entities referenced in the paragraph above includes the following: 13 i. A member of Congress or a representative of a committee of Congress; 14 ii. An Inspector General; 15 iii. The Government Accountability Office; 16 iv. A Treasury employee responsible for contract or grant oversight or management; 17 V. An authorized official of the Department of Justice or other law enforcement agency; 18 vi. A court or grand jury; or 19 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who 20 has the responsibility to investigate, discover, or address misconduct. 21 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this 22 section, in the predominant native language of the workforce. 23 24 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217 25 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt 26 policies and programs for their employees when operating company-owned, rented or personally owned 27 vehicles. 28 6 P-25-019 Attachment"B" 1 2 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6, 3 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce 4 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies 5 to decrease accidents caused by distracted drivers. 6 7 8 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS 9 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 10 11 As a condition of receipt of federal financial assistance from the Department of the Treasury, the 12 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal 13 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of 14 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, 15 and other arrangements with the intention of providing assistance. Federal financial assistance does not 16 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by 17 the Federal government at market value, or programs that provide direct benefits. 18 The assurances apply to all federal financial assistance from, or funds made available through the 19 Department of the Treasury, including any assistance that the Subrecipient may request in the future. 20 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of 21 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the 22 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 23 24 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, 25 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to 26 discrimination under programs and activities receiving federal financial assistance, of any person in 27 the United States on the ground of race, color, or national origin (42 U.S.C. §2000d et seq.), as 28 7 P-25-019 Attachment"B" 1 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other 2 pertinent executive orders such as Executive Order 13166, directives, circulars, policies, 3 memoranda, and/or guidance documents. 4 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons 5 with Limited English Proficiency,"seeks to improve access to federally assisted programs and 6 activities for individuals who, because of national origin, have Limited English proficiency(LEP). 7 Subrecipient understands that denying a person access to its programs, services, and activities 8 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights 9 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, 10 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's 11 directives,to ensure that LEP persons have meaningful access to its programs, services, and 12 activities. Subrecipient understands and agrees that meaningful access may entail providing 13 language assistance services, including oral interpretation and written translation where necessary, 14 to ensure effective communication in the Subrecipient's programs, services, and activities. 15 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient 16 develops applicable budgets and conducts programs, services, and activities. As a resource, the 17 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information 18 on taking reasonable steps to provide meaningful access for LEP persons, please visit 19 http://www.lep.gov. 20 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition 21 of continued receipt of federal financial assistance and is binding upon Subrecipient and 22 Subrecipient's successors, transferees, and assignees for the period in which such assistance is 23 provided. 24 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors, 25 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and 26 agrees to incorporate the following language in every contract or agreement subject to Title VI and 27 28 8 P-25-019 Attachment"B" 1 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors, 2 subcontractors, successors, transferees, and assignees: 3 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall 4 comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal 5 financial assistance from excluding from a program or activity, denying benefits of, or 6 otherwise discriminating against a person on the basis of race, color, or national origin (42 7 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title Vi 8 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of 9 this contract(or agreement). Title VI also includes protection to persons with "Limited 10 English Proficiency"in any program or activity receiving federal financial assistance, 42 11 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI 12 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this 13 contract or agreement. 14 6. Subrecipient understands and agrees that if any real property or structure is provided or improved 15 with the aid of federal financial assistance by the Department of the Treasury, this assurance 16 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period 17 during which the real property or structure is used for a purpose for which the federal financial 18 assistance is extended or for another purpose involving the provision of similar services or benefits. 19 If any personal property is provided, this assurance obligates the Subrecipient for the period during 20 which it retains ownership or possession of the property. 21 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department 22 of the Treasury of the aforementioned obligations. Enforcement may include investigation, 23 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from 24 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews 25 and reporting requirements. 26 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any 27 complaints of discrimination on the grounds of race, color, or national origin, and limited English 28 9 P-25-019 Attachment"B" 1 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and 2 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or 3 completed, including outcome. Subrecipient also must inform the Department of the Treasury if 4 Subrecipient has received no complaints under Title VI. 5 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non- 6 compliance of Title VI and efforts to address the non-compliance, including any voluntary 7 compliance or other agreements between the Subrecipient and the administrative agency that 8 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the 9 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject 10 of any court or administrative agency finding of discrimination, please so state. 11 10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is 12 responsible for ensuring that sub-recipients also comply with Title VI and other applicable 13 authorities covered in this document. State agencies that make sub-awards must have in place 14 standard grant assurances and review procedures to demonstrate that they are effectively 15 monitoring the civil rights compliance of subrecipients. 16 The United States of America has the right to seek judicial enforcement of the terms of this assurances 17 document, and nothing in this document alters or limits the federal enforcement measures that the United 18 States may take in order to address violations of this document or applicable federal law. 19 20 21 22 23 24 25 26 27 28 10