HomeMy WebLinkAboutAgreement A-23-493 w Self-Help Enterprises on behalf of Lanare CSD.pdf Agreement No. 23-493
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 This AGREEMENT ("Agreement") is made and entered into this 19`h day of September
4 2023 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY'), and Self-Help Enterprises, a California nonprofit 501(c)(3) corporation whose
6 address is 8445 W. Elowin Ct., Visalia, CA 93291 ("SUBRECIPIENT'), on behalf of, and for the benefit of,
7 the Lanare Community Services District("Lanare CSD").
8 WITNESSETH:
9 WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act of
10 2021 ("ARPA") which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
11 Program; and
12 WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for
13 the following eligible purposes, outlined in the Interim Final Rule and Final Rule as follows (each an
14 "Eligible Use," collectively "Eligible Uses"):
15 (1) To respond to the COVID-19 public health emergency or its negative economic impacts;
16 (2) To respond to workers performing essential work during the COVID-19 public health
17 emergency;
18 (3) For the provision of government services to the extent of the reduction in revenue due to
19 the COVID-19 public health;
20 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
21 WHEREAS, the COUNTY intends to allocate a portion of its SLFRF to SUBRECIPIENT for one or
22 more eligible uses; and
23 WHEREAS, the SUBRECIPIENT is a nonprofit organization that helps improve the living conditions
24 of low-income individuals in the San Joaquin Valley by constructing affordable housing, preserving
25 affordable housing stock, assisting communities to meet basic infrastructure needs, and encouraging
26 individuals from underserved areas to participate in service delivery and decision-making, and
27 developing skills for self-sufficiency by providing technical assistance with the goal to improve
28 communities around emergency preparedness and leadership development; and
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1 WHEREAS, the SUBRECIPIENT represents that it has helped thousands of residents throughout
2 the San Joaquin Valley, including rural communities in the counties of Fresno, Kern, Kings, Madera,
3 Mariposa, Merced, San Joaquin, Stanislaus, and Tulare to build and sustain healthy homes and
4 communities; and
5 WHEREAS, the SUBRECIPIENT represents that it has over 30 years of experience helping the
6 unincorporated Community of Lanare, such as constructing affordable homes in the Community of Lanare,
7 helping the community organize the Lanare CSD, and more recently providing technical assistance,
8 education, and resources in Lanare intended to improve the community's leadership development and
9 awareness to best serve the community; and
10 WHEREAS, the SUBRECIPIENT represents that it is willing and able to assist Lanare CSD, and
11 partner with the Lanare CSD to make capital improvements to the Lanare Community Center("Center"),
12 which would benefit the residents and visitors of Lanare; and
13 WHEREAS, Lanare CSD owns the Center, which serves a disadvantaged community that is
14 primarily Hispanic/Latino with an estimated population of 540 residents, approximately 23% of the residents
15 live in poverty, and with a reported Median Household Income of$41,724, according to the five-year reports
16 prepared by the U.S. Census, American Community Survey estimates for the five-years 2017 through
17 2021; and
18 WHEREAS, since the 1970s, the Center has been the only public facility in Lanare that is
19 available to hold public meetings, recreational and social events, and host food distribution events that
20 benefit the residents of Lanare and nearby disadvantaged unincorporated communities such as Raisin
21 City, Caruthers, Riverdale, Laton, and Five Points; and
22 WHEREAS, the Center's dated configuration limits Lanare CSD's ability to meet the existing needs
23 of the community due to several issues including but not limited to: a leaky roof, its kitchen and storage
24 space is in disrepair, outdated ventilation system that does not effectively move air flow throughout the
25 building, and limited electrical capacity to power modern equipment needed to properly store food and
26 supplies for the Lanare CSD's coordinated monthly food distribution events; and
27 WHEREAS, during the course of the pandemic, the Lanare CSD operated the Center as a refuge
28 where rural residents were able to learn about the health impacts of COVID-19 among minority farm
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1 working communities, learn of emerging safety tactics to reduce the spread of COVID-19, and obtain
2 extended access to food and resources to address food insecurity in Fresno County; and
3 WHEREAS, in 2021, as the COUNTY experienced surges in COVID-19 cases, the Center was
4 responsive to the public health emergency by serving as a COVID-19 vaccination and testing station
5 that helped over 1,000 rural farmworkers and their families get vaccinated and/or tested for potential
6 COVID-19 infection and served as rural resource center that distributed free food for individuals and
7 families experiencing food insecurity; and
8 WHEREAS, the Interim Final Rule and Final Rule included an enumerated eligible use for food
9 assistance, and provided that capital expenditures related to food banks and other facilities primarily
10 dedicated to addressing food insecurity are eligible, and that improving healthy food access supports
11 public health, particularly among lower-income households and households of color that face
12 disproportionate outcomes; and
13 WHEREAS, the Final Rule provides that improvements to COVID-19 vaccination sites are an
14 eligible capital expenditure; and
15 WHEREAS, the Final Rule provides that investments in neighborhood features, including parks
16 and recreation facilities can improve physical and mental health outcomes; and
17 WHEREAS, Lanare CSD's Center is in need of investment to address interior/exterior corrosion on
18 the facility, improve the Center's ventilation system, kitchen and meeting spaces, upgrade public restrooms,
19 improve the electrical system, and improve the facility grounds and recreational areas so that the Center, a
20 public facility, can effectively continue to serve as a public meeting place for civic engagement, delivery
21 sharing point of critical resources such as food distribution, host testing and vaccination events, and
22 continue to serve as a place where the Lanare CSD can promote community health and wellness that will
23 benefit the residents of Lanare and neighboring rural communities in Fresno County (Program); and
24 WHEREAS, the planned improvements will modernize the Center to effectively meet the needs of
25 the community, improve energy efficiency, provide outdoor recreational areas that will allow the community
26 to meet while mitigating the spread of COVID-19, extend the useful life of the building, provide improved
27 ventilation to prevent the spread of COVID-19, and solve operational inefficiencies that were experienced
28 during the pandemic that affected Lanare CSD's ability to hold indoor events during the peak of the winter
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1 and summer seasons; and
2 WHEREAS, the residents and members of Lanare were disproportionately impacted by the
3 COVID-19 pandemic, and the Final Rule observes that the COVID-19 pandemic has had
4 disproportionally negative impacts on many households and rural communities that were already
5 experiencing inequality related to race, gender, age, or income before the pandemic; and
6 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
7 support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by
8 providing funding assistance to the SUBRECIPIENT, a nonprofit organization that serves individuals
9 impacted by the pandemic, to assist the Community of Lanare and Lanare CSD so that improvements can
10 be made to the Center and property grounds which have been instrumental in the COUNTY's campaign to
11 extend access to public health, COVID-19 vaccines and tests, and social resources in rural farm-working,
12 underserved, and disadvantaged unincorporated communities in Fresno County; and
13 WHEREAS, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to nonprofit
14 organization for Eligible Uses, including to make investment in disadvantaged communities that were
15 disproportionately impacted by the pandemic, for the purpose of meeting ARPA's goals; and
16 WHEREAS, the COUNTY has determined that the Program to be provided by the
17 SUBRECIPIENT is an Eligible Use of SLFRF under the ARPA, in reliance on information provided by
18 SUBRECIPIENT, and is part of a response that is related and reasonably proportional to the public
19 health emergency or its negative economic impacts; and
20 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
21 COUNTY may provide SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures, as
22 permitted under the Interim Final Rule and Final Rule.
23 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
24 contained, the parties hereto agree as follows:
25 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
26 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
27 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are materially
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1 true and correct, and that COUNTY may rely upon each of those representations in granting the SLFRF
2 to SUBRECIPIENT under this Agreement.
3 B. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement are
4 a subaward of SLFRF to carry out the Program.
5 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
6 award may only be spent on Eligible Uses in compliance with the ARPA, the United States Department
7 of the Treasury ("TREASURY") regulations implementing section 602 of the ARPA, and guidance issued
8 by the TREASURY regarding the foregoing.
9 D. SUBRECIPIENT represents that it intends to use SLFRF to assist the Community
10 of Lanare and Lanare CSD to fund expenditures related to grant administration, construction,
11 modernization of interior/exterior areas, the purchase of materials that will make capital improvements to
12 Lanare CSD's Center, including the main building, storage, and supportive outdoor improvements intended
13 to extend the useful life of the building so that the Lanare CSD can effectively meet the needs of the
14 community and solve operational inefficiencies that were exacerbated during the pandemic that affected
15 Lanare CSD's ability to hold community events during the peak of the winter and summer seasons.
16 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
17 by furnishing to the COUNTY information described in Exhibit A, Program Description, which is attached
18 and incorporated by this reference.
19 F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible
20 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
21 County of Fresno, and laws of the State of California, and all laws of the federal government. This
22 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
23 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
24 TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds
25 ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local
26 Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022)
27 and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates,
28 including TREASURY's Frequently Asked Questions. The award terms and conditions required by the
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1 TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided
2 by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this
3 Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(F).
4 G. Prevailing Wage.
5 a. For any portion of any of the work, service, and/or function (including, but
6 not limited to, any construction, alteration, installation, demolition, repair, or maintenance work), to be
7 performed, either directly or on behalf of SUBRECIPIENT under any agreements with any contractors
8 and/or suppliers (including their respective sub-contractors at any tier) or otherwise, with respect to the
9 Program that is a "public work" for the purposes of Chapter 1 (commencing with § 1720) of Part 7 of
10 Division 2 of the California Labor Code (collectively, "Chapter 1 of the Labor Code"), (i) SUBRECIPIENT
11 shall comply with, and cause all such contractors and/or suppliers (including their respective sub-
12 contractors at any tier) to comply with, all applicable provisions of Chapter 1 of the Labor Code with
13 respect to the Program, and (ii) prior to causing any work to be performed under any agreements with
14 any contractors and/or suppliers, or otherwise, SUBRECIPIENT shall incorporate all of the provisions of
15 this Section 1(G) into such agreements.
16 b. SUBRECIPIENT shall promptly provide a copy to COUNTY of any
17 correspondence, notices, and/or orders, in any written form, and/or any documents initiating legal action
18 (collectively, "DIR Administrative or Legal Action") by or on behalf of the Director of the Department of
19 Industrial Relations of the State of California, including any representative thereof (collectively, the
20 "DIR") to or against SUBRECIPIENT, and SUBRECIPIENT's written responses, in any written form,
21 thereto, that relate to any work, or any portion thereof, provided however, SUBRECIPIENT's provision of
22 such copy of any DIR Administrative or Legal Action, and/or SUBRECIPIENT's responses thereto, or
23 failure to provide same or to timely provide same, shall not impose any obligation upon COUNTY with
24 respect to SUBRECIPIENT's obligations under this Section 1(G). SUBRECIPIENT acknowledges that
25 the DIR provides the following internet resource:
26 ittps://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
27 C. COUNTY does not make any representation, or provide any guidance, to
28 SUBRECIPIENT as to (i) the nature, type, or scope of the work, or any portion thereof, to be performed
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1 by SUBRECIPIENT, either directly or under any agreements with any contractors and/or suppliers
2 (including their respective sub-contractors at any tier), that constitutes a "public work," or (ii) the
3 sufficiency of the DIR's internet resource, above, for purposes of compliance with this Section 1(G). The
4 provisions of this Section 1(G) shall survive the expiration or termination of this Agreement.
5 d. SUBRECIPIENT is not relying on any representation or lack of
6 representation of COUNTY with respect to this Agreement, the Program that is the object of the grant
7 provided in this Agreement, or as to any matter described in this Section 1.G. COUNTY has not made
8 any representation nor lack of representation with respect to this Agreement, the Program that is the
9 object of the grant provided in this Agreement, or as to any matter described in this Section 1.G. to any
10 contractors and/or suppliers (including their respective sub-contractors at any tier) or otherwise, retained
11 or contracted with by SUBRECIPIENT, and no such person or entity may rely on any purported
12 representation of the COUNTY with respect to this subject matter.
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. By August 31, 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY
16 in writing, whether it can complete the Program or fully expend the SLFRF granted under this
17 Agreement by December 31, 2026. If SUBRECIPIENT is not capable of completing the Program or fully
18 expending the SLFRF granted under this Agreement on the Program by December 31, 2026,
19 SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a
20 permissible use, to COUNTY within fifteen calendar days. Additionally, SUBRECIPIENT shall account
21 for all SLFRF which have not been bindingly obligated to a permissible use by December 31, 2024, and
22 shall remit the same unobligated SLFRF to the COUNTY within thirty calendar days.
23 I. No Litigation. SUBRECIPIENT shall not use any SLFRF provided by the
24 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
25 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
26 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
27 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
28 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
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 licensure, 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
8 COUNTY designated contact, as designated by COUNTY's County Administrative Officer in writing at
9 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 B and 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 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 that presents how SLFRF helped
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1 SUBRECIPIENT implement the Program in an effective, efficient, and equitable manner to facilitate
2 closeout of the Program and ensure that the COUNTY's obligations and requirements under the SLFRF
3 Program are met. The Final Program Report is not complete until COUNTY has delivered to
4 SUBRECIPIENT written acceptance of the Final Program Report.
5 4. NONDISCRIMINATION
6 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
7 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
8 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
9 employee, applicant for employment or person receiving services under this Agreement because of race,
10 religious creed, color, national origin, ancestry, physical or mental disability including perception of
11 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
12 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
13 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
14 shall comply with all applicable Federal, State and local laws and regulations related to nondiscrimination
15 and equal opportunity, including, without limitation, the COUNTY's non discrimination policy; Title VI of the
16 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
17 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
18 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VI II of the Civil
19 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
20 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
21 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
22 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
23 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
24 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
25 activities, and services provided or made available by state and local governments or instrumentalities or
26 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
27 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
28 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
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1 Federal Regulations.
2 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
3 this Section 4 in all subcontracts to perform work under this Agreement.
4 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
5 opportunity to express, and have considered, their views, grievances, and complaints regarding
6 SUBRECIPIENT's delivery of services.
7 5. CONFLICTS OF INTEREST; ETHICS
8 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
9 policy consistent with 2 CFR § 200.318(c), and that such conflict-of-interest policy is applicable to each
10 activity funded under this award. Subrecipient must disclose in writing to the TREASURY and to COUNTY
11 any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR § 200.12. Further,
12 no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any gifts, service, favor,
13 employment, engagement, remuneration, or economic opportunity which would tend to improperly to
14 influence a reasonable person in that position to depart from the faithful and impartial discharge of the
15 duties of that position.
16 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her
17 position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or
18 herself, any member of his or her household, any business entity in which he or she has a financial interest,
19 or any other person.
20 C. No officer, agent, consultant, or employee of SUBRECIPIENT may participate as an
21 agent of SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any
22 private business in which he or she has a financial interest.
23 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
24 report or other document because it might tend to affect unfavorably his or her private financial interests.
25 E. No officer, agent, consultant, employee, or elected or appointed official of the
26 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
27 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or
28 herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year
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1 thereafter, for any of the work to be performed pursuant to the Program.
2 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
3 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
4 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
5 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
6 Agreement.
7 B. SUBRECIPIENT must maintain such licenses, certificates and permits in full force and
8 effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses, professional
9 licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and
10 maintained by SUBRECIPIENT at no expense to the COUNTY.
11 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
12 A. SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference
13 materials, and telephone service necessary for SUBRECIPIENT to provide the services and operate the
14 Program identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay
15 SUBRECIPIENT for any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such
16 items. Responsibility for the costs and expenses incurred by SUBRECIPIENT in providing and maintaining
17 such items is the sole responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall
18 comply with the Uniform Cost Administrative Principles, and Audit Requirements for Federal Awards.
19 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
20 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
21 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
22 reports to TREASURY.
23 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY for
24 SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program,
25 SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as applicable, and
26 reporting requirements, as applicable.
27 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
28 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
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1 Subsections A and B of this Section 2, (ii) nothing in Subsections A or B of this Section 8 relieve
2 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
3 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
4 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
5 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
6 9. PENALTIES
7 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
8 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
9 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
10 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
11 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
12 may impose additional conditions, as described in 2 CFR§ 200.208. If the COUNTY determines that
13 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
14 of the following actions, as appropriate in the circumstances:
15 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
16 refund SLFRF upon demand by COUNTY.
17 B. Temporarily withhold cash payments pending correction of the deficiency by
18 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
19 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
20 or part of the cost of the activity or action not in compliance;
21 D. Wholly or partly suspend or terminate the SLFRF;
22 E. Recommend the TREASURY initiate suspension or debarment proceedings;
23 F. Withhold further SLFRF for the Program; and
24 G. Take other remedies that may be legally available.
25 10. FINANCIAL MANAGEMENT
26 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
27 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
28 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
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1 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
2 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
3 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
4 accounts that correspond to each such authorized use provided further that such separate accounts are
5 subject to this Section 10.A., and are segregated and identified by a unique identifier. In no event shall
6 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
7 or charge.
8 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
9 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
10 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
11 Uniform Guidance requirements apply or how they apply.
12 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
13 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
14 Eligible Uses of SLFRF, and shall document all funding decisions. Upon request by COUNTY, the
15 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
16 the COUNTY.
17 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
18 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
19 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
20 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
21 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
22 accountability submissions shall be provided to County of Fresno, County Administrative Office located
23 at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
24 resnocao(a�_fresnocountVca.gov.
25 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
26 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
27 transaction by any federal department or agency. This certification is made pursuant to the regulations
28 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
14
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, invoices, contracts, and accounting
14 documents concerning matters that are reasonably related to the Program shall be provided upon
15 request to the 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. Notwithstanding
24 timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to cover costs incurred
25 during the time period set forth by the TREASURY. The COUNTY's written acceptance of the Final
26 Program Report under section IC of this Agreement shall include the COUNTY's written notification to the
27 SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The County Administrative
28 Officer or his or her designee is authorized to execute this written acceptance of the Final Program Report
15
1 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 following notice and a
12 reasonable period to cure;
13 3) A substantially incorrect or incomplete report submitted to the COUNTY;
14 4) Improperly performed service.
15 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
16 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
17 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
18 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
19 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
20 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
21 shall promptly refund any such SLFRF upon demand.
22 C. Without Cause: Under circumstances other than those set forth above, this
23 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
24 to terminate to SUBRECIPIENT.
25 13. GRANT FUNDING/COMPENSATION
26 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
27 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to provide to
28 SUBRECIPIENT, and SUBRECIPIENT agrees to receive total SLFRF in an amount not to exceed a total
16
1 of one million six hundred thousand dollars ($1,600,000).
2 It is expressly agreed and understood that the amount of SLFRF to be granted by COUNTY to
3 SUBRECIPIENT shall not exceed a total of one million six hundred thousand dollars ($1,600,000),
4 which will be responsive to the public health emergency or its negative economic impacts to
5 disadvantaged communities due to the pandemic and provide funding assistance to the SUBRECPIENT
6 for the implementation of the Program, consisting of expenditures listed on Table 1-1 that are related to
7 the following interior/exterior Center improvements: new roof, windows, heating and ventilation,
8 electrical upgrades and renewable energy, kitchen, restrooms, storage, new flooring, park restrooms,
9 parking lot repaving and painting, new exterior lighting, children and youth play equipment, outdoor
10 meeting and green space improvements, construction management, administration, outreach,
11 permitting, and program contingency. SUBRECIPIENT shall track the Program's progress and
12 achievements in its quarterly and annual reporting to the COUNTY through the course of the Program
13 term, including any data to show measurable accomplishments of the Program. SUBRECIPIENT shall
14 submit written requests for the payments of eligible necessary expenses in support of the Program.
15 Payment requests for the COUNTY to make a such payment shall be in accordance with the sample
16 Payment Request Form, attached as Exhibit B, and incorporated by this reference. Payment requests
17 shall detail purchase orders, receipts, and reimbursement requests, detailing items purchased, and
18 expenses incurred or anticipated to be incurred in support of the Program for items listed in Table 1-1 of
19 Exhibit B of this Agreement.
20 In the first thirty (30) days following the Effective Date of this Agreement, SUBRECIPIENT may
21 make one (1) payment request for a maximum of two-hundred forty thousand dollars ($240,000),
22 equivalent to fifteen percent (15%) of the Program's total budgeted amount ($1,600,000), to cover eligible
23 expenditures in support of the Program. The first payment request from SUBRECIPIENT to the COUNTY
24 shall also be accompanied by a written certification from the SUBRECIPIENT that the request for payment
25 is consistent with the amount of work scheduled to be performed or materials to be purchased with the
26 amount of funding being requested from the COUNTY, and that said payment request is in accordance
27 with the Program, Table 1-1 of Exhibit B of this Agreement. After appropriate review and inspection of the
28 first payment request, the COUNTY shall make the first payment available to SUBRECIPIENT in a timely
17
1 manner. After the first payment request, SUBRECIPIENT may make additional subsequent requests to the
2 COUNTY on a 60-day basis for eligible expenditures to be funded with the remaining balance of the
3 Program's budget, in accordance with this Agreement.
4 SUBRECIPIENT must work to minimize the time between the request from the COUNTY and the
5 disbursement of funds to meet the Program needs. Upon receipt of purchase or work orders acceptable to
6 the COUNTY, COUNTY shall grant SLFRF to SUBRECIPIENT. SUBRECIPIENT is responsible for
7 monitoring the Program's cash flow needs and submitting payment requests to COUNTY in a timely
8 manner to assure adequate coverage of Program needs. It is understood that all expenses incidental to
9 SUBRECIPIENT's carrying out its Program under this Agreement shall be borne by SUBRECIPIENT.
10 SUBRECIPIENT shall submit documentation to the County of Fresno, County Administrative
11 Office located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
12 i'resnocao@fresnocountyca.gov. Payment by COUNTY shall be in arrears for services provided during
13 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
14 SUBRECIPIENT's invoice and supporting documentation by COUNTY. If SUBRECIPIENT fails to
15 comply with any provision of this Agreement, COUNTY shall be relieved of its obligations for further
16 compensation.
17 B. To ensure compliance with Federal and State regulations, COUNTY may require
18 additional supporting documentation or clarification of claimed expenses as follows:
19 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
20 documentation or clarification.
21 ii. SUBRECIPIENT shall respond within five (5) business days with required
22 additional documentation or clarification to avoid disallowances/partial payment of invoice.
23 iii. All invoices containing expenses that need additional documentation or
24 clarification not provided to COUNTY within five (5) business days of request may have those expenses
25 disallowed, and only the allowed expenses shall be paid.
26 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
27 only, and must be accompanied by required documentation.
28 C. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
18
1 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
2 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
3 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
4 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
5 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
6 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
7 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
8 14. INDEPENDENT CONTRACTOR
9 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
10 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
11 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
12 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
13 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
14 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
15 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
16 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
17 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
18 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
19 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
20 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
21 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
22 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
23 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
24 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
25 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
26 15. MODIFICATION
27 Any matters of this Agreement may be modified from time to time by the written consent of all the
28 parties. Changes to line items established in Exhibit B, which, when added together during the term of
19
1 the Agreement do not exceed five percent (5%) of the total maximum compensation payable to
2 SUBRECIPIENT, may be made with the written approval of SUBRECIPIENT and County's
3 Administrative Officer or designee. These modifications shall not result in any change to the maximum
4 compensation amount payable to SUBRECIPIENT, as described in Section 13.
5 16. NON-ASSIGNMENT
6 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
7 this Agreement without the prior written consent of the other party.
8 17. HOLD HARMLESS
9 The SUBRECIPIENT shall indemnify and hold harmless and defend the County (including its
10 officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs,
11 expenses (including reasonable attorney fees and costs), fines, penalties, and liabilities of any kind to
12 the COUNTY, the SUBRECIPIENT, or any third party that arise from or relate to the performance or
13 failure to perform by the SUBRECIPIENT (or any of its officers, agents, subcontractors, or employees)
14 under this Agreement. The COUNTY may conduct or participate in its own defense without affecting the
15 SUBRECIPIENT's obligation to indemnify and hold harmless or defend the COUNTY. SUBRECIPIENT
16 shall indemnify COUNTY against any and all actions of recoupment by the TREASURY arising from this
17 Agreement. Such indemnification shall not be limited to the term of this Agreement.
18 SUBRECIPIENT shall indemnify COUNTY against any and all costs, claims, penalties,
19 damages, or actions arising from this Agreement or made by any person or entity arising from any
20 violation or alleged violation of Section 1.G, herein. Such indemnification shall not be limited to the term
21 of this Agreement.
22 The provisions of this Section 17 shall survive the termination or expiration of this Agreement.
23 18. INSURANCE
24 SUBRECIPIENT shall comply with all the insurance requirements in Exhibit G to this Agreement.
25 19. RECORDKEEPING AND CONFIDENTIALITY
26 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
27 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
28 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
20
1 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
2 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
3 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
4 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
5 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
6 disclosure pursuant to California Consumer Privacy Act (CCPA) to ensure against a breach of security
7 of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have established
8 written policies and procedures that align with CCPA, and shall follow such procedures. Upon request,
9 SUBRECIPIENT shall make available to COUNTY staff such written policies and procedures, and shall
10 be monitored for compliance.
11 20. AUDITS AND INSPECTIONS:
12 A. SUBRECIPIENT shall, at any time during business hours, , upon prior reasonable
13 notice, and as often as the COUNTY may deem necessary, make available to the COUNTY for
14 examination all of its records and data with respect to the matters covered by this Agreement. The
15 SUBRECIPIENT shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such
16 records and data necessary to ensure SUBRECIPIENT'S compliance with the terms of this Agreement.
17 SUBRECIPIENT shall allow duly authorized representatives of the COUNTY or independent auditors
18 contracted by the COUNTY, or any combination thereof, to conduct such reviews, audits, and on-site
19 monitoring of the Program as the reviewing entity deems to be appropriate in order to determine:
20 1) Whether the objectives of the Program are being achieved;
21 2) Where the Program is being operated in an efficient and effective
22 manner;
23 3) Whether management control systems and internal procedures have
24 been established to meet the objectives of the Program;
25 4) Whether the financial operations of the Program are being conducted
26 properly;
27 5) Whether the periodic reports to the COUNTY contain accurate and
28 reliable information;
21
1 6) Whether all of the activities of the Program are conducted in compliance
2 with the provisions of state and federal laws and regulations and this
3 Agreement; and
4 7) Whether all activities associated with the Program are in compliance with
5 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
6 Guidance, and any subsequent guidance issued by TREASURY.
7 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
8 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
9 by the COUNTY or its designees, and the TREASURY, for five (5) years following termination of this
10 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
11 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
12 to promptly reimburse the COUNTY for such payments upon request.
13 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
14 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
15 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
16 requirements.
17 21. NOTICES
18 The persons and their addresses having authority to give and receive notices under this Agreement
19 include the following:
20 COUNTY SUBRECIPIENT
21 COUNTY OF FRESNO Self Help Enterprises
ARPA- SLFRF Coordinator 8445 W. Elowin Ct.
22 2281 Tulare Street, Room 304 Visalia, CA 93291
Fresno, CA 93724 Attn: Betsy McGovern-Garcia,
23 Director of Real Estate Development
24 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
25 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
26 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
27 personal service is effective upon service to the recipient. A notice delivered by first-class United States
28 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
22
1 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
2 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
3 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
4 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
5 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
6 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
7 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
8 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
9 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
10 beginning with section 810).
11 22. GOVERNING LAW
12 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
13 California. The rights and obligations of the parties and all interpretation and performance of this
14 Agreement shall be governed in all respects by the laws of the State of California.
15 23. ADVICE OF ATTORNEY
16 Each party warrants and represents that in executing this Agreement, it has received
17 independent legal advice from its attorneys, or the opportunity to seek such advice.
18 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
19 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
20 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
21 to operate as a corporation. Members of the SUBRECIPIENT's Board of Directors shall disclose any
22 self-dealing transactions that they are a party to while SUBRECIPIENT is providing goods or performing
23 services under this agreement. A self-dealing transaction shall mean a transaction to which the
24 SUBRECIPIENT is a party and in which one or more of its directors has a material financial interest.
25 Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by
26 completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and
27 incorporated herein by reference, and submitting it to the COUNTY prior to commencing with the self-
28 dealing transaction or immediately thereafter.
23
1 25. ELECTRONIC SIGNATURES
2 The parties agree that this Agreement may be executed by electronic signature as provided in
3 this section. An "electronic signature" means any symbol or process intended by an individual signing
4 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
5 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
6 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
7 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
8 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
9 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
10 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
11 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
12 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
13 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
14 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
15 conditioned upon the parties conducting the transactions under it by electronic means and either party
16 may sign this Agreement with an original handwritten signature.
17 26. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
18 SUBRECIPIENT and COUNTY with respect to the subject matter hereof, and supersedes all previous
19 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
20 understanding of any nature whatsoever unless expressly included in this Agreement. Notwithstanding this
21 provision, any additional requirements and/or guidelines set forth by the TREASURY regarding the uses
22 and reporting requirements for ARPA SLFRF after the execution of this Agreement shall be understood to
23 be integrated into this Agreement, and binding on the parties.
24
25
26
27
28
24
ii
DocuSign Envelope ID:ED21EAF8-DA00-41E3-A87B-1662645CO875
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3
4 SUBRECIPIENT COUNTY OF FRESNO
Docuftned by:
5
Thoma wo.President/CEO I Q i ero, Chairman of the Board of
6 of Self-Help Enterprises 6w-v4oz&of the County of Fresno
7
8 Mailing Address:
9 Self Help Enterprises
8445 W. Elowin Ct.
10 Visalia, CA 93291
11 ATTEST:
Bernice E. Seidel
12 Clerk of the Board of Supervisors
13 County of Fresno, State of California
14
15
16 By:
Deputy
17 FOR ACCOUNTING USE ONLY:
18 Fund: 0026
19 Subclass: 91021
20 ORG: 1033
21 Account: 7845
22
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24
25
26
27
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25
1 Exhibit A
2 Program Description
3 The Subrecipient is a nonprofit organization with over 30 years of experience helping the
4 unincorporated Community of Lanare. The Subrecipient has expressed its interest to assist Lanare CSD,
5 and partner with the Lanare CSD to make capital improvements to the Center, which would benefit the
6 residents and visitors of Lanare. The Center serves Lanare, a disadvantaged community that is primarily
7 Hispanic/Latino with an estimated population of 540 residents, approximately 23% of the residents live in
8 poverty, and with a reported Median Household Income of$41,724, according to the US Census, American
9 Community Survey estimates for the five-years 2017 through 2021. The Center is the only public facility in
10 Lanare that is available to hold community meetings for civic engagement.
11 The Center's dated configuration limits the public facility's ability to meet existing needs of the
12 community due to several issues such as: a leaky roof, its kitchen and storage space is in disrepair,
13 outdated ventilation system that does not effectively move air flow throughout the building, and a limited
14 electrical capacity to power modern equipment needed to properly store food and supplies for the monthly
15 food distribution events. In 2021, the Center served as a refuge where rural residents were able to learn
16 about the health impacts of COVID-19 among minority farm working communities, learn of emerging safety
17 tactics to reduce the spread of COVID-19, and provided access to food and resources to address food
18 insecurity in Fresno County. As the COUNTY experienced surges in COVID-19 cases in 2021, the
19 Center was responsive to the public health emergency by serving as a COVID-19 vaccination and
20 testing station that helped over 1,000 rural farmworkers and their families get vaccinated and/or tested
21 for potential COVID-19 infection and served as a rural resource center that distributed free food for
22 individuals and families experiencing food insecurity. The Center's playground equipment and outdoor
23 facilities are very outdated, and provision of SLFRF under this Agreement will improve those facilities to
24 encourage the use of the community of the outdoor spaces for recreation.
25 Under this Agreement, the COUNTY will provide SLFRF to SUBRECPIENT for the implementation
26 of the Program, consisting of expenditures listed on Table 1-1 that are related to the following
27 interior/exterior Center improvements: new roof, windows, heating and ventilation, electrical upgrades
28 and renewable energy, kitchen, restrooms, storage, new flooring, park restrooms, parking lot repaving
26
1 and painting, new exterior lighting, children and youth play equipment, outdoor meeting and green
2 space improvements, construction management, administration, outreach, permitting, and program
3 contingency. The Program is intended to support a strong and equitable recovery from the COVID-19
4 pandemic and economic downturn by assisting the Subrecipient make improvement to Lanare CSD's
5 Center and property which have been instrumental in the COUNTY's campaign to extend access to public
6 health, COVID-19 vaccines and tests, and social resources in rural communities in Fresno County.
7
8
9
10
11
12
13
14
15
16
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20
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24
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27
1 Exhibit B
2 Subrecipient Expenditure Plan
3 The amount of SLFRF to be granted by COUNTY to SUBRECIPIENT shall be one million six-
4 hundred thousand dollars ($1,600,000), which will provide funding assistance to the SUBRECIPIENT for
5 the implementation of the Program. In the first thirty (30) days following the Effective Date of this
6 Agreement, SUBRECIPIENT may make one (1) payment request to a maximum of two-hundred forty
7 thousand dollars ($240,000), equivalent to fifteen percent (15%) of the Program's total budgeted amount
8 ($1,600,000), to cover eligible expenditures in support of the Program. The first payment request from
9 SUBRECIPIENT to the COUNTY shall also be accompanied by a written certification from the
10 SUBRECIPIENT that the request for payment is consistent with the amount of work scheduled to be
11 performed or materials to be purchased with the amount of funding being requested from the COUNTY,
12 and that said payment request is in accordance with the Program, Table 1-1 of Exhibit B of this
13 Agreement.
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15
16
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18
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24
25
26
27
28
28
1 Exhibit B (continued)
2 Table 1-1, Expenditure Plan
3
Main Building Improvements,Lanare Estimated Line Item Narrative
4 Community Center Improvements Costs
This item anticipates funding to be used for exterior improvements and repairs,for example:
Property Fence,Drive Approach,Paving, Roof Ladder Access,Siding,Window
5 Community Center,Exterior Improvements $ 233,041 Replacement,Doors and Emergency Access,Reroof Repair,Prep and Paint Exterior,WAC
Replacement,Flooring and Lighting.Generally,this item would cover materials,labor,and
fees for exterior improvements.
6 This item anticipates funding to be used for interior improvements and repairs,for example:
Repair Drywalls,Paint,Flooring,Electrical Repairs,Improvements to Lighting Fixtures,
Community Center,Interior Improvements $ 171,100 Improvements and upgrades to restrooms,kitchen area,interior space,storage. Generally,
7 this line item would fund:materials,supplies,labor,and fees for interior improvements.
Storage Unit Improvements
8 This item anticipates funding to be used for improvement to the Community Center's Storage
Unit,for example:Windows,Security Bars,Siding,Door Replacement,Paint,Repairs,
Exterior and Interior,Storage Unit Improvements $ 20,402 Demolish and Remove Debris,Flooring,Paint,Electrical,Repairs,Demolish and Remove
9 Debris,Flooring,Paint,Electrical.Generally,this line item would fund:materials,supplies,
labor,and fees for the Center's storage improvements.
10 Facility Supportive Outdoor Improvements
This item anticipates funding to be used for improvement to the outdoor restroom and to add
11 Outdoor Restroom Facility Renovations $ 54,000 new restrooms. Generally,this line item would fund:materials,supplies,labor,and fees for
improving and adding outdoor restrooms at the Center.
This item anticipates funding to be used for improvement to the children's play,recreation,
12 and leisure areas,for example:play structures,share structure,plaza area.Generally,this
Tot-lot and Shade Structure,and Playa Area; line item would fund:materials,supplies,labor,and fees for improving outdoor recreational
Landscaping and Sports Field Improvements $ 143,281 space. Additionally,this item anticipates funding to be used for landscape and sport fields
13 improvements,for example:irrigation,plumbing,landscape,lighting,equipment,and support
materials. Generally,this line item would fund:materials,supplies,labor,and fees for
improving landscaping and the sports field areas.
14 This item anticipates funding to be used for electrical improvements to improve the Center's
overall energy usage,for example:Improvements to electrical panels,Solar Energy,Solar
Electrical Improvements and Renewable Energy $ 448,000 Carport,Battery Backup,and Electrical systems.Generally,this line item would fund:
15 materials,supplies,labor,and fees for improving energy usage;Utility panel and transformer
upgrades to support renewable energy,electrical systems and solar PV
16 Architectural,Engineering and Inspections ML
Architecture,Civil,Survey,topo and inspections $ 319,650 Anticipated to fund costs related to Architectural,Engineering,Surveying,ADA path of travel
17 design,dry utility consulting,inspections,and related costs.
Grant Administration
18 Construction Management and Administration $ 30,000 This item anticipates funding to be used Construction Management and Administration.
Training and Building Operations TA $ 10,000 Technical assistance on building operations,training staff,systems management etc.
19 Community Outreach $ 40,000 This item anticipates funding to be used Community Outreach.
Building Permits $ 10,000 This item anticipates funding to secure needed building permits.
20 Contingency $ 120,526 Generally,this line items provides funding support to cover potential events that are not
specifically accounted for in the line item cost estimates.
Total F $ 1,600,000
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29
1 Exhibit B (continued)
Payment Request Form
2
Date:
3
County of Fresno
4 ARPA- SLFRF Coordinator
2281 Tulare Street, Room 304
5 Fresno, CA 93721
6
Subject: Payment Request for
7 Payment:
Subrecipient Subrecipient Name
8 Program
9
10 In accordance with the executed Agreement for the above-referenced Program, the
[SUBRECIPIENT NAME] is requesting payment of$ in support of the Program.
11
12
The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the
13
amount of work that has been completed to date, detailing items purchased, and expenses
14
15 incurred or anticipated to be incurred in support of the Program in accordance with the
16 Subrecipient Expenditure Plan (Exhibit B, Table 1-1) documented in the executed Agreement,
and as evidenced by the enclosed invoices and supporting documents.
17
Payee Invoice #/ Contract# Amount
18
19
20
21
22
Sincerely,
23
24
[Subrecipient Officer]
25
[Subrecipient Name]
26
27 Enclosure(s)
28
30
1
Exhibit C
2
Subrecipient Quarterly Program Expenditure Report (Template)
3
PROGRAM
4 Unique Entity Identification UEI : Agreement Number:
5 Name of Entity: Program Name-
6 Reporting Period State Date: Reporting Period End Date:
7 Expenditure Category: 2 Negative Impacts
8 Total Award: $1,600,000 Remaining Balance:
9 EXPENDITURES
10 Catego Cumulative
""umulative Current Current
Expenditures Obligations Period Period
11 Obligations
2 Negative Economic Impacts
12
2.22 Strong Healthy
13 Communities:
Neighborhood Features that
14 Promote Health and Safety
15 TOTAL
16
QU rterly Status Report, select one:
17 Not started
Completed less than 50 percent
18 Completed more than 50 percent
19 Completed
20 PROJECT STATUS
Describe program achievements and upcoming milestones:
21
22
23
24 AUTHORIZED SIGNATURE
25
Signature Date
26 Prepared
by
27 (Print name)
28
31
1
2 Exhibit D
3 Annual Performance Report
4 All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are
5 required to produce an Annual Report. The Annual Report provides information on the
6 SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an
7 effective and equitable manner.
8 The initial Annual Report must cover the period from the date of award to the following June 30th
9 and must be submitted to the County within 15 calendar days after the end of the reporting period.
10 Thereafter, the Annual Report will cover a 12-month period and subrecipients will be required to
11 submit the report to the County within 15 calendar days after the end of the 12-month period (by
12 July 15th).
13Annual Period Covered Due Date
14 1 Report Award — June 30, 2022 July 15, 2022
15 2 July 1, 2022 — June 30, 2023 July 15, 2023
3 July 1, 2023 — June 30, 2024 July 15, 2024
16 4 July 1, 2024 — June 30, 2025 July 15, 2025
17 5 July 1, 2025 — June 30, 2026 uly 15, 2026
6 July 1, 2026 — December 31, January 15,
18 2026 2027
19 Instructions:
20 SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
21 Responsibilities (Reporting Guidance) located at: https:Hhome.treasurV.gov/system/files/136/SLFRF-
22 Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
23
24
25
26
27
28
32
1
2
3 Exhibit E
4 Self-Dealing Transaction Disclosure Form
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
33
Exhibit E
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit E
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
1
2
3 Exhibit F
4 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
5 AWARD TERMS AND CONDITIONS
6 1. Use of Funds.
7 a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
8 in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations
9 implementing that section, and guidance issued by Treasury regarding the foregoing.
10 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
11 institutional, managerial, and financial capability to ensure proper planning, management, and
12 completion of such project.
13 2. Period of Performance. The period of performance for this award begins on the date hereof and
14 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
15 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
16 December 31, 2024.
17 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
18 they relate to this award.
19 4. Maintenance of and Access to Records.
20 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
21 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
22 Treasury regarding the foregoing.
23 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
24 authorized representatives, shall have the right of access to records (electronic and otherwise) of
25 Subrecipient in order to conduct audits or other investigations.
26 c) Records shall be maintained by Subrecipient for a period of five (5)years after all funds have been
27 expended or returned to Treasury, whichever is later.
28
36
1 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
2 from this award.
3 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
4 and indirect costs as specified in the Scope of Work.
5 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
6 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
7 policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
8 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
9 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
10 accordance with 2 C.F.R. § 200.112.
11 9. Compliance with Applicable Law and Regulations.
12 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
13 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
14 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
15 and executive orders, and Subrecipient shall provide for such compliance by other parties in any
16 agreements it enters into with other parties relating to this award.
17 b) Federal regulations applicable to this award include, without limitation, the following:
18 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
19 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
20 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
21 Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the
22 Single Audit Act, shall apply to this award.
23 ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant
24 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
25 by reference.
26 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
27 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
28 by reference.
37
1 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
2 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
3 condition in all lower tier covered transactions (contracts and subcontracts described in 2
4 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
5 implementing regulation at 31 C.F.R. Part 19.
6 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
7 in 2 C.F.R. Part 200, Appendix XI to Part 200 is hereby incorporated by reference.
8 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
9 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
10 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
11 ix. U.S.C. §§4601-4655) and implementing regulations.
12 X. Generally applicable federal environmental laws and regulations.
13 c) Statutes and regulations prohibiting discrimination applicable to this award include, without
14 limitation, the following:
15 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
16 implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
17 race, color, or national origin under programs or activities receiving federal financial
18 assistance;
19 ii. The Fair Housing Act, Title VI I of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
20 which prohibits discrimination in housing on the basis of race, color,religion, national origin,
21 sex, familial status, or disability;
22 iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
23 prohibits discrimination on the basis of disability under any program or activity receiving
24 federal financial assistance;
25 iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
26 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
27 the basis of age in programs or activities receiving federal financial assistance; and
28
38
1 V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
2 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
3 services provided or made available by state and local governments or instrumentalities or
4 agencies thereto.
5 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
6 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
7 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
8 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
9 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
10 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
11 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
12 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
13 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
14 employees whose principal employment is in connection with an activity financed in whole or in part by this
15 federal assistance.
16 12. False Statements. Subrecipient understands that making false statements or claims in connection
17 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
18 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
19 or contracts, and/or any other remedy available by law.
20 13. Publications. Any publications produced with funds from this award must display the following
21 language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
22 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
23 14. Debts Owed the Federal Government.
24 a) Any funds paid to Subrecipient (1) in excess of the amount to which Subrecipient is finally
25 determined to be authorized to retain under the terms of this award; (2)that are determined by the
26 Treasury Office of Inspector General to have been misused; or (3)that are determined by Treasury
27 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and
28 have not been repaid by Subrecipient shall constitute a debt to the federal government.
39
1 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
2 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
3 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
4 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
5 actions available to it to collect such a debt.
6 15. Disclaimer.
7 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
8 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
9 damages, or any other losses resulting in any way from the performance of this award or any other
10 losses resulting in any way from the performance of this award or any contract, or subcontract
11 under this award.
12 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
13 between the United States and Subrecipient.
14 16. Protections for Whistleblowers.
15 a) In accordance with 41 U.S.C. §4712, Subrecipient may not discharge, demote, or otherwise
16 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
17 provided below, information that the employee reasonably believes is evidence of gross
18 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
19 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
20 a violation of law, rule, or regulation related to a federal contract (including the competition for or
21 negotiation of a contract) or grant.
22 b) The list of persons and entities referenced in the paragraph above includes the following:
23 i. A member of Congress or a representative of a committee of Congress;
24 ii. An Inspector General;
25 iii. The Government Accountability Office;
26 iv. A Treasury employee responsible for contract or grant oversight or management;
27 V. An authorized official of the Department of Justice or other law enforcement agency;
28 vi. A court or grand jury; or
40
1 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
2 has the responsibility to investigate, discover, or address misconduct.
3 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
4 section, in the predominant native language of the workforce.
5 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
6 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
7 policies and programs for their employees when operating company-owned, rented or personally owned
8 vehicles.
9 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6,
10 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
11 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
12 to decrease accidents caused by distracted drivers.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
41
1
2
3 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF
4 COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
5 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
6 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
7 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
8 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
9 and other arrangements with the intention of providing assistance. Federal financial assistance does not
10 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
11 the Federal government at market value, or programs that provide direct benefits.
12 The assurances apply to all federal financial assistance from, or funds made available through the
13 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
14 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
15 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
16 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
17
18 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
19 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
20 discrimination under programs and activities receiving federal financial assistance, of any person in
21 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
22 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
23 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
24 memoranda, and/or guidance documents.
25 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
26 with Limited English Proficiency," seeks to improve access to federally assisted programs and
27 activities for individuals who, because of national origin, have Limited English proficiency(LEP).
28 Subrecipient understands that denying a person access to its programs, services, and activities
42
1 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
2 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
3 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
4 directives, to ensure that LEP persons have meaningful access to its programs, services, and
5 activities. Subrecipient understands and agrees that meaningful access may entail providing
6 language assistance services, including oral interpretation and written translation where necessary,
7 to ensure effective communication in the Subrecipient's programs, services, and activities.
8 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
9 develops applicable budgets and conducts programs, services, and activities. As a resource, the
10 Department of the Treasury has published its LEP guidance at 70 FIR 6067. For more information
11 on taking reasonable steps to provide meaningful access for LEP persons, please visit
12 http://www.lep.gov.
13 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
14 of continued receipt of federal financial assistance and is binding upon Subrecipient and
15 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
16 provided.
17 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
18 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
19 agrees to incorporate the following language in every contract or agreement subject to Title VI and
20 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
21 subcontractors, successors, transferees, and assignees:
22 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
23 comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
24 financial assistance from excluding from a program or activity, denying benefits of, or
25 otherwise discriminating against a person on the basis of race, color, or national origin (42
26 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI
27 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
28 this contract(or agreement). Title VI also includes protection to persons with "Limited
43
1 English Proficiency"in any program or activity receiving federal financial assistance, 42
2 U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI
3 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
4 contract or agreement.
5 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
6 with the aid of federal financial assistance by the Department of the Treasury, this assurance
7 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
8 during which the real property or structure is used for a purpose for which the federal financial
9 assistance is extended or for another purpose involving the provision of similar services or benefits.
10 If any personal property is provided, this assurance obligates the Subrecipient for the period during
11 which it retains ownership or possession of the property.
12 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
13 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
14 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
15 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
16 and reporting requirements.
17 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
18 complaints of discrimination on the grounds of race, color, or national origin, and limited English
19 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
20 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
21 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
22 Subrecipient has received no complaints under Title VI.
23 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
24 compliance of Title VI and efforts to address the non-compliance, including any voluntary
25 compliance or other agreements between the Subrecipient and the administrative agency that
26 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
27 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
28 of any court or administrative agency finding of discrimination, please so state.
44
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 that they are effectively
5 monitoring the civil rights compliance of subrecipients.
6
7 The United States of America has the right to seek judicial enforcement of the terms of this assurances
8 document, and nothing in this document alters or limits the federal enforcement measures that the United
9 States may take in order to address violations of this document or applicable federal law.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
45
1
2
Exhibit G
3
4 Insurance Requirements
5 1. Required Policies
Without limiting the County's right to obtain indemnification from the SUBRECIPIENT or any third
6 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
Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars
9 ($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
10 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
additional insureds, but only insofar as the operations under this Agreement are concerned.
12 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
13 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
include any auto used in connection with this Agreement.
16 (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
Dollars ($1,000,000) per occurrence for bodily injury and for disease.
19
(E) Professional Liability. Professional liability insurance with limits of not less than One Million
20 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
completion of services under this Agreement; and (3) if the policy is canceled or not renewed,
23 and not replaced with another claims-made policy with a retroactive date prior to the date on
which services begin under this Agreement, then the SUBRECIPIENT shall purchase extended
24 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
at any time during the term of this Agreement as requested by the County's Risk Manager or the
28 County Administrative Office, the SUBRECIPIENT shall deliver, or cause its broker or producer
46
1 to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, California
93721, or HRRiskManagement@fresnocountyca.gov, and by mail or email to the person
2 identified to receive notices under this Agreement, certificates of insurance and endorsements
3 for all of the coverages required under this Agreement.
4 (i) Each insurance certificate must state that: (1) the insurance coverage has been obtained
and is in full force; (2) the County, its officers, agents, employees, and volunteers are not
5 responsible for any premiums on the policy; and (3) the SUBRECIPIENT has waived its
right to recover from the County, its officers, agents, employees, and volunteers any
6 amounts paid under any insurance policy required by this Agreement and that waiver
7 does not invalidate the insurance policy.
8 (ii) The commercial general liability insurance certificate must also state, and include an
endorsement, that the County of Fresno, its officers, agents, employees, and volunteers,
9 individually and collectively, are additional insureds insofar as the operations under this
Agreement are concerned. The commercial general liability insurance certificate must
10 also state that the coverage shall apply as primary insurance and any other insurance, or
11 self-insurance, maintained by the County shall be excess only and not contributing with
insurance provided under the SUBRECIPIENT's policy.
12 (iii) The automobile liability insurance certificate must state that the policy covers any auto
13 used in connection with this Agreement.
14 (iv) The professional liability insurance certificate, if it is a claims-made policy, must also state
the retroactive date of the policy, which must be prior to the date on which services
15 began under this Agreement.
16 (B) Acceptability of Insurers. All insurance policies required under this Agreement must be issued
by admitted insurers licensed to do business in the State of California and possessing at all
17 times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII.
18 (C) Notice of Cancellation or Change. For each insurance policy required under this Agreement,
19 the SUBRECIPIENT shall provide to the County, or ensure that the policy requires the insurer to
provide to the County, written notice of any cancellation or change in the policy as required in
20 this paragraph. For cancellation of the policy for nonpayment of premium, the SUBRECIPIENT
shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in
21 advance of cancellation. For cancellation of the policy for any other reason, and for any other
22 change to the policy, the SUBRECIPIENT shall, or shall cause the insurer to, provide written
notice to the County not less than 30 days in advance of cancellation or change. The County in
23 its sole discretion may determine that the failure of the SUBRECIPIENT or its insurer to timely
provide a written notice required by this paragraph is a breach of this Agreement.
24
(D) County's Entitlement to Greater Coverage. If the SUBRECIPIENT has or obtains insurance
25 with broader coverage, higher limits, or both, than what is required under this Agreement, then
26 the County requires and is entitled to the broader coverage, higher limits, or both. To that end,
the SUBRECIPIENT shall deliver, or cause its broker or producer to deliver, to the County's Risk
27 Manager certificates of insurance and endorsements for all of the coverages that have such
broader coverage, higher limits, or both, as required under this Agreement.
28
47
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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48