HomeMy WebLinkAboutAgreement A-23-569 with Fresno Area Hispanic Foundation.pdf Agreement No. 23-569
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 SUBRECIPIENT AGREEMENT
3 THIS AGREEMENT ("Agreement") is made and entered into this 24thday of October
4 2023 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
5 California ("COUNTY'), and Fresno Area Hispanic Foundation, a California 501(c)(3) nonprofit corporation
6 whose address is 1444 Fulton Street, Fresno, CA 93721 ("SUBRECIPIENT").
7 WITNESSETH:
8 WHEREAS, on March 11, 2021, the President signed into law the American Rescue Plan Act of
9 2021 ("ARPA")which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
10 Program; and
11 WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for
12 the following eligible purposes, outlined in the Interim Final Rule and Final Rule as follows (each an
13 "Eligible Use," collectively "Eligible Uses"):
14 (1) To respond to the COVID-19 public health emergency or its negative economic impacts;
15 (2) To respond to workers performing essential work during the COVID-19 public health
16 emergency;
17 (3) For the provision of government services to the extent of the reduction in revenue due to
18 the COVID-19 public health;
19 (4) To make necessary investments in water, sewer, or broadband infrastructure; and
20 WHEREAS, the COUNTY intends to allocate a portion of its SLFRF to SUBRECIPIENT for one or
21 more Eligible Uses; and
22 WHEREAS, the SUBRECIPIENT represents that since 2002 its primary purpose is to promote
23 education and self-sufficiency in the Hispanic business community within the Central Valley by providing
24 resources to individuals in business management or individuals interested in entrepreneurship with help
25 including, but not limited to: technical assistance, educational workshops, loan programs, networking
26 events, and operating as a business incubator that helps to meet the needs of the growing small
27 business community; and
28 WHEREAS, the SUBRECIPIENT represents that it has a long history of collaborating with the
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1 COUNTY, Fresno Chamber of Commerce, and local community-based organizations to help elevate
2 minority-owned businesses, increase representation, and properly resource Fresno's small business
3 community; and
4 WHEREAS, the Treasury observes that small businesses faced widespread challenges due to the
5 pandemic, including periods of shutdown, decline in revenue, increased costs, or lack of access to capital.
6 Small business faced significant challenges in covering payroll, mortgages or rent, and other operating
7 costs as a result of the public health emergency and compliance to health orders to contain the spread of
8 COVID-19; and
9 WHEREAS, the SUBRECIPIENT represents that the COUNTY's small business community was
10 negatively economically impacted; in particular many minority-owned small businesses and
11 microbusinesses in the food vending industry struggled to generate sales to stay in operation, lost
12 revenue due to required closures, and were unable secure federal or state COVID relief funding, which
13 subsequently resulted in many closures in the community due to the pandemic; and
14 WHEREAS, the SUBRECIPIENT represents that it works closely with the local mobile food
15 vendor industry, which historically has been underrepresented, with limited access to resources to help
16 existing vendors and/or entrepreneurs navigate through the governmental permitting processes, limited
17 support for food vendors, or help for individuals to pursue financial assistance or to obtain proper
18 permits and licensing requirements to operate or start a mobile food vending business in the COUNTY;
19 and
20 WHEREAS, the SUBRECIPIENT represents that it intends to use SLFRF to expand its capacity
21 in its Mobile Food Vendors Program, which provides technical assistance to eligible small businesses,
22 microbusiness, food vendors, and prospective vendors. The SUBRECIPIENT is initiating a pilot
23 program that will build a mobile food cart designed to meet the safety requirements of the COUNTY
24 Department of Public Health, streamline the permitting process for individuals interested in
25 becoming mobile food vendors, and the SUBRECIPIENT will provide financial and technical
26 assistance, and financial grants to individuals and small businesses interested in purchasing a
27 mobile food vending cart; and
28 WHEREAS, the SUBRECIPIENT represents that the Mobile Food Vendors Program will address
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1 the negative economic impacts of the COVID-19 pandemic through grants that will be made available to
2 Fresno County-based impacted small businesses, disproportionately impacted small businesses,
3 microbusinesses, and entrepreneurs interested in starting a mobile food vendor business. SLFRF
4 provided under this Agreement will help SUBRECIPIENT fund personnel, grant administration, and
5 technical assistance provided in the fields related to financial management and business planning
6 designed to strengthen each business, as well as to provide financial assistance through the provision of
7 start-up and expansion grants that will assist and grow the mobile food vendor industry in Fresno
8 County (collectively referred to as "Program"); and
9 WHEREAS, the SUBRECIPIENT represents that each small business and/or entrepreneur that it
10 will assist with these grants of SLFRF shall demonstrate an identified harm it has experienced,
11 consistent with ARPA-SLFRF requirements, as a result of the public health emergency, such as lost
12 revenue or increased costs, challenges covering payroll, rent or mortgage, or other operating costs,
13 insufficient capacity to weather financial hardships, and general financial insecurity resulting from the
14 public health emergency, and that each startup assisted with grants by SUBRECIPIENT shall
15 demonstrate that it has faced greater difficulty accessing credit than prior to the pandemic or faced
16 increased costs to starting the business due to the pandemic, or has lost expected startup capital due to
17 the pandemic; and
18 WHEREAS, the SUBRECIPIENT represents that its Program will serve Fresno County-based
19 impacted individuals and impacted small businesses located in underserved areas or disadvantaged
20 communities, and disproportionately impacted small businesses that are located in Qualified Census Tracts
21 (QCT), and will provide preference for small businesses and entrepreneurs that operate or plan to operate
22 in rural unincorporated communities of Fresno County, when feasible; and
23 WHEREAS, the SUBRECIPIENT's marketing and outreach activities will target small business
24 and microbusiness owners, small businesses and entrepreneurs of color, and women-owned
25 businesses and other businesses in historically underserved communities; and
26 WHEREAS, the Treasury acknowledges a range of potential circumstances in which assisting
27 impacted small businesses would be responsive to negative economic impacts, including identifying
28 whether the small businesses faced challenges in covering payroll, mortgage or rent, or other operating
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1 costs as a result of the public health emergency and measures taken to contain the spread of COVID-
2 19; and
3 WHEREAS, the Final Rule provides that programs, including but not limited to loans or grants
4 made available to impacted small businesses and disproportionately impacted small businesses to
5 mitigate financial hardship such as decline in revenues or impacts of business closures, assistance to
6 implement COVID-19 prevention and mitigation tactics, or technical assistance, counseling, or other
7 services to assist with business planning needs are enumerated uses of SLFRF; and
8 WHEREAS, the Final Rule provides that programs that assist small businesses may include
9 small business start-ups, microbusinesses, and individuals seeking to start small start-ups could be
10 responsive to the negative economic impacts of the pandemic, for example, assistance with additional
11 costs associated with COVID-19 mitigation tactics, or if a small business start-up or microbusiness faced
12 greater difficulty accessing credit than prior to the pandemic or faced increased costs to starting the
13 business due to the pandemic or if a particular small business or microbusiness had lost expected start-
14 up capital due to the pandemic; and
15 WHEREAS, the Treasury acknowledges small businesses faced significant challenges during
16 the pandemic, with minority-owned businesses facing additional obstacles, including disparities rooted in
17 systemic issues present before the pandemic and overrepresentation in industries hit hardest by the
18 economic downtown compared to nonminority owned businesses; and
19 WHEREAS, the SUBRECIPIENT represents that SLFRF provided under this Agreement will
20 address the negative economic impacts of the pandemic by funding the Program's expenditures related
21 to small business and microbusiness grants, personnel, technical training assistance/consultants,
22 outreach and marketing, and administrative costs that will assist impacted individuals, small businesses,
23 and microbusiness in Fresno County; and
24 WHEREAS, the provision of SLFRF to SUBRECIPIENT under this Agreement is intended to
25 support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by
26 providing funding assistance to the SUBRECIPIENT to implement the Program; and
27 WHEREAS, under Section 602(c)(3) of the ARPA, the COUNTY may transfer SLFRF to nonprofit
28 organizations for Eligible Uses, in particular those nonprofit organizations that serve individuals and
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1 families that have been impacted by the pandemic, for the purpose of meeting ARPA's goals; and
2 WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is an
3 Eligible Use of SLFRF under the ARPA, in reliance on information provided by SUBRECIPIENT; and
4 WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the
5 COUNTY may provide SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures, as
6 permitted under the Interim Final Rule and Final Rule.
7 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
8 contained, the parties hereto agree as follows:
9 1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
10 A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in
11 Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and
12 correct, and that COUNTY may rely upon each of those representations in granting the SLFRF to
13 SUBRECIPIENT under this Agreement.
14 B. SUBRECIPIENT acknowledges that the SLFRF granted under this Agreement are
15 a subaward of SLFRF to carry out the Program.
16 C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this
17 award may only be spent on Eligible Uses in compliance with the ARPA, the United States Department
18 of the Treasury ("TREASURY") regulations implementing section 602 of the ARPA, and guidance issued
19 by the TREASURY regarding the foregoing.
20 D. SUBRECIPIENT represents that it intends to use SLFRF to implement its
21 Program, which will provide technical assistance and grants for eligible small businesses and startups in
22 the mobile food vendor industry that will operate in Fresno County. SLFRF provided under this
23 Agreement will help fund expenditures related to the SUBRECIPIENT's Program, including grant
24 administration, technical assistance in the fields related to financial management and business planning
25 designed to strengthen each business, as well as to provide financial assistance through the provision of
26 business expansion and startup grants that will assist and grow the mobile food vendor industry in
27 Fresno County, as shown on Table 1-1 of Exhibit B, attached and incorporated by this reference.
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1 E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program
2 by furnishing to the COUNTY information described in Exhibit A, Program Description, which is attached
3 and incorporated by this reference.
4 F. Compliance. SUBRECIPIENT is obligated by this Agreement and is responsible
5 to ensure that SLFRF granted under this Agreement are spent in compliance with all ordinances of the
6 County of Fresno, and laws of the State of California, and all laws of the Federal government. This
7 includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative
8 Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, the
9 TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds
10 ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local
11 Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") (for expenditures before April 1, 2022)
12 and Final Rule ("Final Rule") (for expenditures on April 1, 2022, or later), and any subsequent updates,
13 including TREASURY's Frequently Asked Questions. The award terms and conditions required by the
14 TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided
15 by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this
16 Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(F).
17 G. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken
18 and completed, and all SLFRF granted under this Agreement are fully expended, no later than
19 December 31, 2026. By August 31, 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY
20 in writing, whether it can complete the Program or fully expend the SLFRF granted under this
21 Agreement by December 31, 2026. If SUBRECIPIENT is not capable of completing the Program or fully
22 expending the SLFRF granted under this Agreement on the Program by December 31, 2026,
23 SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a
24 permissible use, to COUNTY within fifteen calendar days. Additionally, SUBRECIPIENT shall account
25 for all SLFRF which have not been bindingly obligated to a permissible use by December 31, 2024, and
26 shall remit the same unobligated SLFRF to the COUNTY within thirty calendar days.
27 H. No Litigation. SUBRECIPIENT shall not use any SLFRF provided by the
28 COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or
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1 penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against
2 SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at
3 law or in equity against COUNTY, nor institute, prosecute, or any way aid in the institution or
4 prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury
5 either to person or property, or both, whether developed or undeveloped, resulting or to result, known or
6 unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.
7 I. SUBRECIPIENT agrees that if SUBRECIPIENT receives SLFRF from any other
8 local or state entity for all or any part of the Program for which SUBRECIPIENT has received SLFRF
9 from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing within five
10 (5) business days. SUBRECIPIENT agrees that it may be required to return all or part of the SLFRF
11 received from the COUNTY if the total amount of SLFRF from all local and state entities exceeds the
12 Program's budget, and if SUBRECIPIENT does not intend to expand the Program.
13 J. None of the personnel employed in the administration of the Program shall be in
14 any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title
15 5, U.S. Code, as applicable.
16 K. None of the SLFRF to be paid under this Agreement shall be used for any
17 partisan political activity, or to support or defeat legislation pending before Congress.
18 2. PROCUREMENT REQUIREMENTS
19 A. SUBRECIPIENT shall comply with all procurement requirements specified in the
20 Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.
21 B. SUBRECIPIENT shall take all necessary affirmative steps to assure that minority
22 businesses, women's business enterprises, and labor surplus area firms are used when possible, when
23 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR§
24 200.321.
25 C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a
26 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
27 States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
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1 3. REPORTING REQUIREMENTS
2 A. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit to the
3 COUNTY's designated contact, as designated by the COUNTY's County Administrative Officer in writing
4 at the execution of this Agreement, Quarterly Program Expenditure Reports through the term of this
5 Agreement as provided by this Section 3.A. The reports shall contain, but not be limited to, the
6 information described in Exhibits B and C, which are attached and incorporated by this reference, and
7 must include a statement, signed by the SUBRECIPIENT, indicating that all expenditures in the report
8 comply with the Interim Rule and the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as
9 set forth by the TREASURY. Quarterly expenditure reports shall be submitted to COUNTY no later than
10 fifteen (15) days after the end of each quarter listed below for the term of this Agreement, beginning with
11 the first quarter ending after the Effective Date:
12 1) January 1 — March 31, due by April 15
13 2) April 1 —June 30, due by July 15
14 3) July 1 — September 30, due by October 15
15 4) October 1 — December 31, due by January 15
16 B. Annual Performance Report: Within fifteen (15) days after each June 30,
17 SUBRECIPIENT shall submit one "Annual Performance Report" to the COUNTY, covering all
18 performance by the SUBRECIPIENT under this Agreement for the fiscal year ending that June 30. The
19 report shall contain, but not be limited to, the information contained in Exhibit D, which is attached and
20 incorporated by this reference.
21 C. Final Report: A Final Program Report shall be submitted to COUNTY within thirty
22 (30) days upon completion of the Program. A Final Report shall include an accounting of all costs and
23 expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems necessary to
24 facilitate closeout of the Program and ensure that the COUNTY's obligations and requirements under
25 the SLFRF Program are met. The Final Program Report is not complete until COUNTY has delivered to
26 SUBRECIPIENT written acceptance of the Final Program Report.
27 4. NONDISCRIMINATION
28 A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY,
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1 SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not
2 unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any
3 employee, applicant for employment or person receiving services under this Agreement because of race,
4 religious creed, color, national origin, ancestry, physical or mental disability including perception of
5 disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex,
6 sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military
7 and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors
8 shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination
9 and equal opportunity, including, without limitation, the COUNTY's non-discrimination policy; Title VI of the
10 Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at
11 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under
12 programs or activities receiving federal financial assistance; The Fair Housing Act, Title VIII of the Civil
13 Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis
14 of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act
15 of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at
16 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving
17 federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42
18 U.S.C. sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
19 activities, and services provided or made available by state and local governments or instrumentalities or
20 agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.);
21 California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as
22 amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of
23 Federal Regulations.
24 B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of
25 this Section 4 in all subcontracts to perform work under this Agreement.
26 C. SUBRECIPIENT shall provide a system by which recipients of service shall have the
27 opportunity to express, and have considered, their views, grievances, and complaints regarding
28 SUBRECIPIENT's delivery of services.
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1 5. CONFLICTS OF INTEREST; ETHICS
2 A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest
3 policy consistent with 2 CFR§ 200.318(c), and that such conflict-of-interest policy is applicable to each
4 activity funded under this award. SUBRECIPIENT must disclose in writing to the TREASURY and to
5 COUNTY any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR§
6 200.12. Further, no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any
7 gifts, service, favor, employment, engagement, remuneration, or economic opportunity which would tend to
8 improperly influence a reasonable person in that position to depart from the faithful and impartial discharge
9 of the duties of that position.
10 B. No officer, agent, consultant, or employee of SUBRECIPIENT may use their position
11 to secure or grant any unwarranted privilege, preference, exemption, or advantage for themself, any
12 member of their household, any business entity in which they have a financial interest, or any other person.
13 C. No officer, agent, consultant, or employee of SUBRECIPIENT may participate as an
14 agent of SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any
15 private business in which they have a financial interest.
16 D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any
17 report or other document because it might tend to affect unfavorably their private financial interests.
18 E. No officer, agent, consultant, employee, or elected or appointed official of the
19 COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any
20 contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for themself, or for
21 those whom they have family or business ties, during their tenure, or for one year thereafter, for any of the
22 work to be performed pursuant to the Program.
23 6. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
24 A. Any licenses, certificates or permits required by the federal, state, county, or municipal
25 governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A
26 must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this
27 Agreement.
28 B. SUBRECIPIENT must maintain such licenses, certificates, and permits in full force
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1 and effect. Licenses, certificates and permits may include, but are not limited to, driver's licenses,
2 professional licenses or certificates, and business licenses. Such licenses, certificates, and permits will be
3 procured and maintained by SUBRECIPIENT at no expense to the COUNTY.
4 C. SUBRECIPIENT must show proof of established "indirect cost rates," as defined by
5 the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (5
6 U.S.C. 301; 2 CFR 200)with either the Federal Government, or a final negotiated "indirect cost rate"with
7 COUNTY that complies with the Uniform Guidelines within 3 months of receipt of SLFRF.
8 7. OFFICE SPACE, SUPPLIES, EQUIPMENT, AND OPERATING OVERHEAD
9 A. SUBRECIPIENT shall provide all office space, supplies, equipment, vehicles, reference
10 materials, and telephone service necessary for SUBRECIPIENT to provide the services and operate the
11 Program identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay
12 SUBRECIPIENT for any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such
13 items. Responsibility for the costs and expenses incurred by SUBRECIPIENT in providing and maintaining
14 such items is the sole responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall
15 comply with the Uniform Cost Administrative Principles, and Audit Requirements for Federal Awards.
16 8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY
17 A. SUBRECIPIENT acknowledges that COUNTY is obligated to comply with
18 TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic
19 reports to TREASURY.
20 B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY for
21 SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program,
22 SLFRF Award Terms and Conditions, Treasury's Interim Final Rule or Final Rule, as applicable, and
23 reporting requirements, as applicable.
24 C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's
25 compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under
26 Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve
27 SUBRECIPIENT of its obligations under ARPA and this Agreement, and (iii) Subsections A and B of this
28 Section 8 are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to
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1 TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this
2 Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.
3 9. PENALTIES
4 SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as
5 described herein, may result in the TREASURY's recoupment of SLFRF from the COUNTY, and that in
6 such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.
7 SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S.
8 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY
9 may impose additional conditions, as described in 2 CFR §200.208. If the COUNTY determines that
10 noncompliance cannot be remedied by imposing additional conditions, the COUNTY may take one or more
11 of the following actions, as appropriate in the circumstances:
12 A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall
13 refund SLFRF upon demand by COUNTY.
14 B. Temporarily withhold cash payments pending correction of the deficiency by
15 SUBRECIPIENT, or more severe enforcement action by the COUNTY;
16 C. Disallow (that is, deny both use of funds and any applicable matching credit for) all
17 or part of the cost of the activity or action not in compliance;
18 D. Wholly or partly suspend or terminate the SLFRF;
19 E. Recommend the TREASURY initiate suspension or debarment proceedings;
20 F. Withhold further SLFRF for the Program; and
21 G. Take other remedies that may be legally available.
22 10. FINANCIAL MANAGEMENT
23 A. All of the SLFRF received by SUBRECIPIENT shall be maintained by
24 SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all
25 other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as
26 a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized
27 use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized
28 use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate
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1 accounts that correspond to each such authorized use provided further that such separate accounts are
2 subject to this Section 10(A), and are segregated and identified by a unique identifier. In no event shall
3 any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee,
4 or charge.
5 B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's
6 financial accountability. SUBRECIPIENT shall comply with all applicable Uniform Guidance
7 requirements. SUBRECIPIENT shall consult with COUNTY if SUBRECIPIENT is not certain which
8 Uniform Guidance requirements apply or how they apply.
9 C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement
10 written internal controls that are effective to ensure that funding decisions under the SLFRF constitute
11 Eligible Uses of SLFRF and shall document all funding decisions. Upon request by COUNTY, the
12 SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to
13 the COUNTY.
14 D. SUBRECIPIENT shall submit to the COUNTY a copy of SUBRECIPIENT's most
15 recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than
16 $750,000 of Federal funds during that reporting period. If SUBRECIPIENT submits a letter stating it
17 expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial
18 statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial
19 accountability submissions shall be provided to County of Fresno, County Administrative Office at 2281
20 Tulare, Room 304, Fresno, CA 93721, or electronically to e-mail address
21 fresnocao(a-)-fresnocountyca.gov.
22 E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred,
23 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
24 transaction by any federal department or agency. This certification is made pursuant to the regulations
25 implemented by 2 CFR Part 200, Subpart 200.214, Debarment and Suspension, and any relevant
26 program-specific regulations. This provision shall be required of every subcontractor receiving any
27 payment in whole or in part from Federal funds.
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1 F. SUBRECIPIENT shall record all costs of the Program by budget line items, which
2 shall be supported by adequate source documentation, including payroll ledgers, time records, invoices,
3 contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and
4 propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions
5 with respect to the Program may be audited by the COUNTY or independent auditors contracted by the
6 COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall
7 have access to all books, documents, accounts, records, reports, files, papers, things, property,
8 contractors of program services, and other persons pertaining to such financial transactions and
9 necessary to facilitate the audit.
10 G. Copies, excerpts, or transcripts of all of the books, documents, papers, and
11 records, including invoices, payroll registers, time records, contracts, and accounting documents
12 concerning matters that are reasonably related to the Program shall be provided upon request to the
13 COUNTY.
14 H. Expenditures eligible for reimbursement from the SLFRF are described in Exhibit
15 B, which is attached and incorporated by this reference. SUBRECIPIENT shall not make any changes in
16 the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
17 I. No cash reimbursement for purchases of any kind is allowable.
18 11. TERM
19 The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the
20 Effective Date until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program
21 Report under section 3(C)of this Agreement, unless sooner terminated as provided herein.
22 Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to
23 cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written
24 acceptance of the Final Program Report under Section 3(C)of this Agreement shall include the COUNTY's
25 written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The
26 County Administrative Officer or their designee is authorized to execute this written acceptance of the Final
27 Program Report and notification of term end to SUBRECIPIENT.
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1 12. TERMINATION
2 A. Non-Allocation of Funds: The terms of this Agreement, and the services to be
3 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
4 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
5 terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30)
6 days advance written notice.
7 B. Breach of Contract: The COUNTY may immediately suspend or terminate this
8 Agreement in whole or in part, where in the determination of the COUNTY there is:
9 1) An illegal or improper use of funds;
10 2) A failure to comply with any term of this Agreement;
11 3) A substantially incorrect or incomplete report submitted to the COUNTY;
12 4) Improperly performed service.
13 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
14 of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall
15 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
16 default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the
17 COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of
18 the COUNTY were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT
19 shall promptly refund any such SLFRF upon demand.
20 C. Without Cause: Under circumstances other than those set forth above, this
21 Agreement may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention
22 to terminate to SUBRECIPIENT.
23 13. GRANT FUNDING/COMPENSATION
24 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
25 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to grant
26 SUBRECIPIENT, and SUBRECIPIENT agrees to receive such grants, up to the total SLFRF grant, in an
27 amount not to exceed five hundred thousand dollars ($500,000).
28 It is expressly agreed and understood that the total amount of SLFRF to be granted by COUNTY to
15
1 SUBRECIPIENT for the Program shall not exceed five hundred thousand dollars ($500,000), which will
2 provide funding assistance to the SUBRECPI ENT for the implementation of the Program, consisting of
3 expenditures for personnel, grant administration, technical assistance in the fields related to financial
4 management and business planning designed to strengthen each business, as well as to provide financial
5 assistance through the provision of start-up and expansion grants that will assist and grow the mobile food
6 vendor industry in Fresno County, which is responsive to the public health emergency or its negative
7 economic impacts due to the pandemic. SUBRECIPIENT shall track number of clients benefiting from
8 SUBRECIPIENT's Program, each client's community of origin and economic status, and any milestones
9 and Program achievements in its quarterly and annual reporting to the COUNTY through the course of the
10 program term, including any aggregate data to show measurable accomplishments of the Program.
11 Accomplishments include but are not limited to the number of participants, the community the participants
12 operate in, and each participant's successful completion of the Program, which will provide participants
13 with a minimum of 10 hours of bilingual one-on-one technical assistance in the areas of: licensing, permits,
14 financial management, banking and bookkeeping, marketing, grant funding, and applying for Individual
15 Tax ID Numbers. SUBRECIPIENT shall submit written payment requests for the payment of eligible
16 necessary expenses in support of the Program. Payment requests for the COUNTY to make a such
17 payment shall be in accordance with the sample Payment Request Form, attached as Exhibit B, and
18 incorporated by this reference. Payment requests shall detail purchase orders, receipts, and
19 reimbursement requests, including but not limited to payment directly to vendors and/or manufacturers to
20 ensure proper funding allocations, as needed, detailing items purchased, and expenses incurred or
21 anticipated to be incurred in support of the Program for items listed in Table 1-1 of Exhibit B of this
22 Agreement.
23 Following the Effective Date of this Agreement, SUBRECIPIENT may make one (1) payment
24 request to a maximum of fifty thousand dollars ($50,000), equivalent to ten percent (10%) of the Program's
25 total budgeted amount of five hundred thousand dollars ($500,000), to cover eligible expenditures in
26 support of the Program. The first payment request from SUBRECIPIENT to the COUNTY shall also be
27 accompanied by a written certification from the SUBRECIPIENT that the payment request is consistent
28 with the amount of work scheduled to be performed or materials to be purchased with the amount of
16
1 funding being requested from the COUNTY, and that said payment request is in accordance with the
2 Program, Table 1-1 of Exhibit B of this Agreement. After appropriate review and inspection of the first
3 drawdown request, the COUNTY shall make the first payment available to SUBRECIPIENT. After the first
4 payment request, SUBRECIPIENT may make additional subsequent payment requests to the COUNTY
5 on a 60-day basis (every 60 days)for eligible expenditures to be funded with the remaining balance of the
6 Program's budget, in accordance with this Agreement.
7 SUBRECIPIENT must work to minimize the time between the request from the COUNTY and the
8 disbursement of funds to meet the Program needs. SUBRECIPIENT is responsible for monitoring the
9 Program's cash flow needs and submitting reimbursement requests to COUNTY in a timely manner to
10 assure adequate coverage of Program needs. It is understood that all expenses incidental to
11 SUBRECIPIENT's performance of services in carrying out its Program under this Agreement shall be
12 borne by SUBRECIPIENT.
13 SUBRECIPIENT shall submit documentation to the County of Fresno, County Administrative Office
14 located at 2281 Tulare, Room 304, Fresno, CA 93721, or electronically, to e-mail address
15 fresnocao@fresnocountyca.gov. Payment by COUNTY shall be in arrears for services provided during
16 the preceding period of time, within forty-five (45) days from date of receipt, verification and approval of
17 SUBRECIPIENT's invoice and supporting documentation by COUNTY. Requests for advancement of
18 funds for anticipated eligible expenditures shall also be accompanied by a written certification from the
19 SUBRECIPIENT consistent with the amount of work scheduled to be performed or materials to be
20 purchased with the amount of funding being requested from the COUNTY, and that the payment request
21 is in accordance with the Program, Table 1-1 of Exhibit B of this Agreement. After appropriate review and
22 inspection of the payment request for advanced funding, the COUNTY shall make the payment available
23 to SUBRECIPIENT in a timely manner, less any amounts outstanding for which prior advanced funds have
24 not been fully expended or accounted with supporting documentation.
25 If SUBRECIPIENT fails to comply with any provision of this Agreement, COUNTY shall be relieved of its
26 obligations for further compensation.
27 B. To ensure compliance with Federal and State regulations, COUNTY may require
28 additional supporting documentation or clarification of claimed expenses as follows:
17
1 i. COUNTY staff shall notify SUBRECIPIENT to obtain necessary additional
2 documentation or clarification.
3 ii. SUBRECIPIENT shall respond within five (5) business days with required
4 additional documentation or clarification to avoid disallowances/partial payment of invoice.
5 iii. All invoices containing expenses that need additional documentation or
6 clarification not provided to COUNTY within five (5) business days of request shall have those expenses
7 disallowed, and only the allowed expenses shall be paid.
8 iv. SUBRECIPIENT may resubmit disallowed expenses as a supplemental invoice
9 only, and must be accompanied by required documentation.
10 C. All expenses incidental to SUBRECIPIENT'S performance of services in carrying out
11 its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this
12 Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional
13 consideration, compensation, salary, wages, or other type of remuneration for services rendered under
14 this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from
15 any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.
16 Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT. County
17 has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.
18 14. INDEPENDENT CONTRACTOR
19 In performance of the work, duties and obligations assumed by SUBRECIPIENT under this
20 Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and all of the
21 SUBRECIPIENT'S officers, agents, and employees will at all times be acting and performing as an
22 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
23 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
24 to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and
25 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
26 SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
27 SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and
28 regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto.
18
1 Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right
2 to employment rights and benefits available to COUNTY employees. SUBRECIPIENT shall be solely liable
3 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
4 addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating
5 to payment of SUBRECIPIENT'S employees, including compliance with Social Security withholding and all
6 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
7 SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.
8 15. MODIFICATION
9 Any matters of this Agreement may be modified from time to time by the written consent of all the
10 parties. Changes to line items established in Exhibit B, which, when added together during the term of
11 the Agreement do not exceed ten percent (10%) of the total maximum compensation payable to
12 SUBRECIPIENT, may be made with the written approval of SUBRECIPIENT and County's
13 Administrative Officer or designee. These modifications shall not result in any change to the maximum
14 compensation amount payable to SUBRECIPIENT, as described in Section 13.
15 16. NON-ASSIGNMENT
16 Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under
17 this Agreement without the prior written consent of the other party.
18 17. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, save, hold harmless, and at
19 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs
20 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
21 losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by
22 SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs
23 and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and
24 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
25 performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this
26 Agreement. SUBRECIPIENT shall indemnify COUNTY against any and all actions of recoupment by the
27 TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this
28 Agreement.
19
1 The provisions of this Section 17 shall survive the termination or expiration of this Agreement.
2
3 18. INSURANCE
4 SUBRECIPIENT shall comply with all the insurance requirements in Exhibit G to this Agreement.
5 19. RECORDKEEPING AND CONFIDENTIALITY
6 A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT
7 must maintain records and financial documents for five (5) years after all SLFRF have been expended or
8 returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by
9 TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is
10 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no
11 responsibility to notify the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.
12 B. SUBRECIPIENT shall maintain reasonable security measures to protect records
13 containing personal information from unauthorized access, acquisition, destruction, use, modification, or
14 disclosure pursuant to the California Consumer Privacy Act (CCPA) to ensure against a breach of
15 security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have
16 established written policies and procedures that align with CCPA, and shall follow such procedures.
17 Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and
18 procedures, and shall be monitored for compliance.
19 20. AUDITS AND INSPECTIONS:
20 A. SUBRECIPIENT shall, at any time during business hours, and as often as the
21 COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data
22 with respect to the matters covered by this Agreement. The SUBRECIPIENT shall, upon request by the
23 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
24 SUBRECIPIENT'S compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly
25 authorized representatives of the COUNTY or independent auditors contracted by the COUNTY, or any
26 combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the
27 reviewing entity deems to be appropriate in order to determine:
28 1) Whether the objectives of the Program are being achieved;
20
1 2) Where the Program is being operated in an efficient and effective
2 manner;
3 3) Whether management control systems and internal procedures have
4 been established to meet the objectives of the Program;
5 4) Whether the financial operations of the Program are being conducted
6 properly;
7 5) Whether the periodic reports to the COUNTY contain accurate and
8 reliable information;
9 6) Whether all of the activities of the Program are conducted in compliance
10 with the provisions of state and federal laws and regulations and this
11 Agreement; and
12 7) Whether all activities associated with the Program are in compliance with
13 the Interim Final Rule and Final Rule for the SLFRF, the Compliance
14 Guidance, and any subsequent guidance issued by TREASURY.
15 B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to
16 its performance under this Agreement. These records shall be subject to the inspection, review, and audit
17 by the COUNTY or its designees, and the TREASURY, for five (5)years following termination of this
18 Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for
19 unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees
20 to promptly reimburse the COUNTY for such payments upon request.
21 C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more
22 than $750,000 in Federal awards during a fiscal year, SUBRECIPIENT shall be subject to an audit under
23 the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit
24 requirements.
25 21. NOTICES The persons and their addresses having authority to give and receive notices
26 under this Agreement include the following:
27
28
21
1 COUNTY SUBRECIPIENT
2 COUNTY OF FRESNO Fresno Area Hispanic Foundation
ARPA- SLFRF Coordinator 1444 Fulton Street
3 2281 Tulare Street, Room 304 Fresno, CA 93721
Fresno, CA 93721 Attention:
4 Yery Olivares, Chief Operating Officer
5
6 All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this
7 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
8 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
9 personal service is effective upon service to the recipient. A notice delivered by first-class United States
10 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
11 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
12 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
13 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
14 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
15 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
16 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
17 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
18 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
19 including but not limited to the Government Claims Act(Division 3.6 of Title 1 of the Government Code,
20 beginning with section 810).
21 22. GOVERNING LAW
22 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
23 California. The rights and obligations of the parties and all interpretation and performance of this
24 Agreement shall be governed in all respects by the laws of the State of California.
25 23. ADVICE OF ATTORNEY
26 Each party warrants and represents that in executing this Agreement, it has received
27 independent legal advice from its attorneys, or the opportunity to seek such advice.
28
22
1 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
2 This provision is only applicable if the SUBRECIPIENT is operating as a corporation (a for-profit
3 or non-profit corporation) or if during the term of the agreement, the SUBRECIPIENT changes its status
4 to operate as a corporation.
5 Members of the SUBRECIPIENT's Board of Directors shall disclose any self-dealing transactions
6 that they are a party to while SUBRECIPIENT is providing goods or performing services under this
7 agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party
8 and in which one or more of its directors has a material financial interest. Members of the Board of
9 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
10 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by
11 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
12 immediately thereafter.
13 25. ELECTRONIC SIGNATURES
14 The parties agree that this Agreement may be executed by electronic signature as provided in
15 this section. An "electronic signature" means any symbol or process intended by an individual signing
16 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
17 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
18 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
19 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
20 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
21 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
22 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
23 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
24 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
25 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
26 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
27 conditioned upon the parties conducting the transactions under it by electronic means and either party
28 may sign this Agreement with an original handwritten signature.
23
1 26. ENTIRE AGREEMENT:
2 This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY
3 with respect to the subject matter hereof, and supersedes all previous Agreement negotiations,
4 proposals, commitments, writings, advertisements, publications, and understanding of any nature
5 whatsoever unless expressly included in this Agreement. Notwithstanding this provision, any additional
6 requirements and/or guidelines set forth by the TREASURY regarding the uses and reporting
7 requirements for ARPA SLFRF after the execution of this Agreement shall be understood to be
8 integrated into this Agreement, and binding on the parties.
9 //
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 SUB CIPIENT COUNTY OF FRESNO
4
5 Dora Westerlund, CEO and Se
in ro, hairman of the Board of
President of the Fresno Area Sis the County of Fresno
6 Hispanic Foundation
7
8 ATTEST:
Mailing Address: Bernice E. Seidel
9 Fresno Area Hispanic Foundation Clerk of the Board of Supervisors
1444 Fulton Street County of Fresno, State of California
10 Fresno, CA 93721
11
12
13 By: --
14 Deputy
FOR ACCOUNTING USE ONLY:
15 Fund: 0026
16 Org: 1033
17 Subclass: 91021
18 Account:7845
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Exhibit A
Program Description
The SUBRECIPIENT represents that since 2002, its primary purpose is to promote education
and self-sufficiency in the Hispanic business community within the Central Valley by providing resources
to individuals in business management or individuals interested in entrepreneurship with help, including
but not limited to: technical assistance, educational workshops, loan programs, networking events, and
operating as a business incubator that helps to meet the needs of the growing small business
community. The SUBRECIPIENT represents that it works closely with the local mobile food vendor
industry, which historically has been underrepresented with limited access to resources to help existing
vendors and/or entrepreneurs navigate through the governmental permitting processes, lack of
educational information, or help for individuals to pursue financial assistance or to obtain proper permits
and licensing requirements to operate or start a mobile food vending business in the COUNTY. The
SUBRECIPIENT represents that Fresno County's small business community was negatively
economically impacted, in particular, many minority owned small businesses and microbusinesses in the
food vending industry struggled to generate sales to stay in operation, lost revenue due to required
closures, and were unable secure federal or state COVID relief funding, which subsequently resulted in
many closures in the community due to the pandemic
SLFRF provided under this Agreement will help SUBRECIPIENT fund personnel, grant
administration, will provide technical assistance in the fields related to financial management and
business planning designed to strengthen each business, as well as to provide financial assistance
through the provision of start-up and expansion grants that will assist and grow the mobile food vendor
industry in Fresno County. In order to comply with ARPA-SLFRF, the SUBRECIPIENT will use SLFRF
funding to assist small businesses that meet the following criteria:
- Successful completion of the Subrecipient's Mobile Food Vendor Program training, which will
provide participants with a minimum of 10 hours of bilingual one-on-one technical assistance in
the areas of: licensing, permits,financial management, banking and bookkeeping, marketing, grant
funding, and applying for Individual Tax ID Numbers.
A-1
- Meet the definition of a small business as described in 31 CFR Part 35.3, which states, "A
business concern or other organization that: (1) Has no more than 500 employees or, if
applicable, the size standard in number of employees established by the Administrator of the
Small Business Administration for the industry in which the business concern or organization
operates; and (2) is a small business concern as defined in section 3 of the Small Business Act
(15 U.S.C. 632)."
- Have an identified harm as a result of the public health emergency, such as:
o lost revenue or increased costs, challenges covering payroll, rent or mortgage, or other
operating costs, insufficient capacity to weather financial hardships, and general financial
insecurity resulting from the public health emergency
o startups that have faced greater difficulty accessing credit than prior to the pandemic or
faced increased costs to starting the business due to the pandemic or if particular small
businesses had lost expected startup capital due to the pandemic
SUBRECIPIENT shall provide preferences to impacted individuals and impacted small businesses
located in underserved areas or disadvantaged communities, and disproportionately impacted small
businesses that are located in QCTs, and will provide preference for small businesses and entrepreneurs
that operate or plan to operate in rural unincorporated communities of Fresno County, when feasible.
The SUBRECIPIENT's marketing and outreach activities will target small business and microbusiness
owners, small businesses and entrepreneurs of color, and women-owned businesses and other
businesses in historically underserved communities.
A-2
Exhibit B
Subrecipient Expenditure Plan
SUBRECIPIENT shall provide to COUNTY payment requests for eligible expenses to complete
the Program. Following the Effective Date of this Agreement, SUBRECIPIENT may make one (1)
payment request to a maximum of fifty thousand dollars ($50,000), equivalent to ten percent (10%) of
the Program's total budgeted amount ($500,000), to cover eligible expenditures in support of the
Program. The payment request from SUBRECIPIENT to the COUNTY shall also be accompanied by a
written certification from the SUBRECIPIENT that the request for payment is consistent with the amount
of work scheduled to be performed or materials to be purchased with the amount of funding being
requested from the COUNTY. Payment requests shall detail purchase orders, receipts, and
reimbursement requests, including but not limited to payment directly to vendors and/or manufacturers
to ensure proper funding allocations, as needed detailing items purchased, and expenses incurred or
anticipated to be incurred in support of the Program for items listed in Table 1-1 of Exhibit B of this
Agreement.
B-1
Exhibit B (continued)
Table 1-1, Expenditure Plan
Total Grant Award: 500,000
TOTALREQUESTED
COST CATEGORY • DESCRIPTION GRANTFUNDS Narrative
Personnel Program Director 40,000 Will support the mobile food vendor program
director salaries, payroll taxes, and benefits.
Will fund development of services such as the
Technical Assistance and Financial Workshops
Personnel Grant Technical Assistance 67,500 that benefits individuals interested in mobile food
Providers vending industry. Expenditures include but is not
limited to materials, salaries, payroll taxes, and
benefits.
Will fund outreach services which may include
contacting mobile food vendors to notify of the
program and direct them to our team for further
Personnel Outreach Coordinator 10,000 assistance in addition to coordinating meetings
and workshops with mobile food vendors and
provide other technical assistance as needed.
Expenditures include but is not limited to
materials, salaries, payroll taxes, and benefits.
Operations Marketing/Advertising 7,500 Will fund the mobile food vendor marketing efforts,
for example: radio, social media, television.
Will be used to provide grant assistance up to
$4,000 for each eligible individuals to assist in the
Direct Services Mobile Food Vendors Grants 350,000 purchase mobile food vendor cart or
improvements of a mobile vendor cart approved
by the health department and related expenses.
Overhead (utilities, rent, Will fund the Organization's overhead expenses.
Administration equipment, etc.) 25,000 (5% of overall grant amount)
B-2
Exhibit B (continued)
ARPA-SLFRF Payment Request Form
Date: lick or tap to enter a date.
County of Fresno
ARPA-SLFRF Coordinator
2281 Tulare St, Rm 304
Fresno, CA 93721
Agreement No: ##-###
Program: Title of Program
Subrecipient Name
Subrecipient Remittance Address
Subrecipient Remittance Address City, CA Zip Code
UEI: Unique Entity ID #
Service Period: E.G., January 1 2023 — March 31, 2023
Drawdown or Reimbursement Request: kmount Requested (E.G., $100,000.00)
Line Item Payee/Vendor Invoice/Reference# Amount
Total:
I certify that this request for payment is consistent with the amount of work that has been
completed to date, detailing items purchased and expenses incurred or anticipated to be
incurred in support of the Program in accordance with the Subrecipient Expenditure Plan
(Exhibit B) documented in the executed agreement referenced above, and as evidenced by the
enclosed invoices and supporting documents.
Sincerely,
Authorized Signee Title
Signee Name
B-3
Exhibit C
Subrecipient Quarterly Expenditure Report
Program
Unique Entity ID (UEI): Agreement Number: ##-###
Name of Entity: Program Name:
Reporting Period Start Date: Click or tap to enter Reporting Period End Date: Click or tap to enter a
a date. date.
Expenditure Category: 2 - Negative Economic Impacts
Total Award: $500,000 Remaining Balance:
Expenditures
Category Cumulative Cumulative Current Period Current Period
Expenditures Obligations Expenditures Obligations
To Date To Date
2.29 Loans or $ $ $ $
Grants to
Mitigate
Financial
Hardship
Status (select one)
Not started
Completed less than 50 percent
Completed more than 50 percent
Completed
Project Achievements and Milestones
Describe program achievements and upcoming milestones.
Authorized Signature
Click or tap to enter a
Signature date.Date
Prepared by: Print Name
C-1
Exhibit D
Annual Performance Report
All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are
required to produce an Annual Report. The Annual Report provides information on the
SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an
effective and equitable manner.
The initial Annual Report must cover the period from the date of award to the following June 30th and
must be submitted to the County within 15 calendar days after the end of the reporting period.
Thereafter, the Annual Report will cover a 12-month period and subrecipients will be required to
submit the report to the County within 15 calendar days after the end of the 12-month period (by July
15th).
PeriodAnnual Covered Due Date
ReD
rt
1 • Award — June 30, 2023 July 15, 2023
2 July 1, 2023 — June 30, 2024 July 15, 2024
3 July 1 2024 — June 30 2025 July 15 2025
4 July 1, 2025 — June 30, 2026 July 15, 2026
5 1 July 1, 2026 — December 31, 2026 1 January 15, 2027
Instructions:
SUBRECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting
Responsibilities (Reporting Guidance) located at: .ittps:Hhome.treasury.gov/system/files/136/SLFRF-
Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report.
D-1
Exhibit E
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a contractor's board of
directors ("County Contractor"), must disclose any self-dealing transactions that they are a party to
while providing goods, performing services, or both for the County. A self-dealing transaction is
defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one or
more of its directors has a material financial interest."
The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
E-1
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code§
5233(a)
(5)Authorized Signature
Signature: Date:
E-2
Exhibit F
U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
in compliance with section 603(c)of the Social Security Act (the Act), Treasury's regulations
implementing that section, and guidance issued by Treasury regarding the foregoing.
b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
institutional, managerial, and financial capability to ensure proper planning, management, and
completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
December 31, 2024.
3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
they relate to this award.
4. Maintenance of and Access to Records.
a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
section 603(c)of the Act, Treasury's regulations implementing that section, and guidance issued by
Treasury regarding the foregoing.
b) The Treasury Office of Inspector General and the Government Accountability Office, or their
authorized representatives, shall have the right of access to records (electronic and otherwise) of
Subrecipient in order to conduct audits or other investigations.
c) Records shall be maintained by Subrecipient for a period of five (5)years after all funds have been
expended or returned to Treasury, whichever is later.
5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
from this award.
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6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
and indirect costs as specified in the Scope of Work.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
accordance with 2 C.F.R. § 200.112.
9. Compliance with Applicable Law and Regulations.
a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
by Treasury pursuant to section 602(f)of the Act, and guidance issued by Treasury regarding the
foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
and executive orders, and Subrecipient shall provide for such compliance by other parties in any
agreements it enters into with other parties relating to this award.
b) Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
inapplicable to this Award and subject to such exceptions as may be otherwise provided by
Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the
Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant
to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
by reference.
iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
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condition in all lower tier covered transactions (contracts and subcontracts described in 2
C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
implementing regulation at 31 C.F.R. Part 19.
V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
ix. U.S.C. §§4601-4655) and implementing regulations.
X. Generally applicable federal environmental laws and regulations.
c) Statutes and regulations prohibiting discrimination applicable to this award include, without
limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
race, color, or national origin under programs or activities receiving federal financial
assistance;
iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
which prohibits discrimination in housing on the basis of race, color,
iv. religion, national origin, sex, familial status, or disability;
V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity receiving
federal financial assistance;
vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
the basis of age in programs or activities receiving federal financial assistance; and
vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
seq.), which prohibits discrimination on the basis of disability under programs, activities, and
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services provided or made available by state and local governments or instrumentalities or
agencies thereto.
10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
violation of section 602 (c) (1)or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
be subject to recoupment as provided in section 602(e)of the Act and any additional payments may be
subject to withholding as provided in sections 602(b)(6)(A)(ii)(III)of the Act, as applicable.
11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act(5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
employees whose principal employment is in connection with an activity financed in whole or in part by this
federal assistance.
12. False Statements. Subrecipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the following
language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
3678 awarded to County of Fresno by the U.S. Department of the Treasury."
14. Debts Owed the Federal Government.
a) Any funds paid to Subrecipient (1) in excess of the amount to which Subrecipient is finally
determined to be authorized to retain under the terms of this award; (2)that are determined by the
Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and
have not been repaid by Subrecipient shall constitute a debt to the federal government.
b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
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payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
actions available to it to collect such a debt.
15. Disclaimer.
a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
damages, or any other losses resulting in any way from the performance of this award or any
contract, or subcontract under this award.
b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
between the United States and Subrecipient.
16. Protections for Whistleblowers.
a) In accordance with 41 U.S.C. §4712, Subrecipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
provided below, information that the employee reasonably believes is evidence of gross
mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
a violation of law, rule, or regulation related to a federal contract (including the competition for or
negotiation of a contract) or grant.
b) The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
V. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
has the responsibility to investigate, discover, or address misconduct.
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c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217
(Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented or personally owned
vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6,
2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
to decrease accidents caused by distracted drivers.
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
and other arrangements with the intention of providing assistance. Federal financial assistance does not
encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from, or funds made available through the
Department of the Treasury, including any assistance that the Subrecipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
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1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in
the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
with Limited English Proficiency," seeks to improve access to federally assisted programs and
activities for individuals who, because of national origin, have Limited English proficiency (LEP).
Subrecipient understands that denying a person access to its programs, services, and activities
because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
directives, to ensure that LEP persons have meaningful access to its programs, services, and
activities. Subrecipient understands and agrees that meaningful access may entail providing
language assistance services, including oral interpretation and written translation where necessary,
to ensure effective communication in the Subrecipient's programs, services, and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
develops applicable budgets and conducts programs, services, and activities. As a resource, the
Department of the Treasury has published its LEP guidance at 70 FIR 6067. For more information
on taking reasonable steps to provide meaningful access for LEP persons, please visit
http://www.lep.gov.
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient's successors, transferees, and assignees for the period in which such assistance is
provided.
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5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
agrees to incorporate the following language in every contract or agreement subject to Title VI and
its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
subcontractors, successors, transferees, and assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits subrecipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title Vl
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
this contract(or agreement). Title V1 also includes protection to persons with "Limited
English Proficiency"in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury, this assurance
obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
during which the real property or structure is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits.
If any personal property is provided, this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
of the Treasury of the aforementioned obligations. Enforcement may include investigation,
arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
and reporting requirements.
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8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome. Subrecipient also must inform the Department of the Treasury if
Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
compliance of Title VI and efforts to address the non-compliance, including any voluntary
compliance or other agreements between the Subrecipient and the administrative agency that
made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
of any court or administrative agency finding of discrimination, please so state.
10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
responsible for ensuring that sub-recipients also comply with Title VI and other applicable
authorities covered in this document. State agencies that make sub-awards must have in place
standard grant assurances and review procedures to demonstrate that they are effectively
monitoring the civil rights compliance of subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document, and nothing in this document alters or limits the federal enforcement measures that the United
States may take in order to address violations of this document or applicable federal law.
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Exhibit G
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the SUBRECIPIENT or any third
parties, SUBRECIPIENT, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not less than
Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include
products, completed operations, property damage, bodily injury, personal injury, and advertising
injury. The SUBRECIPIENT shall obtain an endorsement to this policy naming the County of
Fresno, its officers, agents, employees, and volunteers, individually and collectively, as
additional insureds, but only insofar as the operations under this Agreement are concerned.
Such coverage for additional insureds will apply as primary insurance and any other insurance,
or self-insurance, maintained by the County is excess only and not contributing with insurance
provided under the SUBRECIPIENT's policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must
include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of the State
of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars
($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be prior to the
date on which services began under this Agreement; (2) the SUBRECIPIENT shall maintain the
policy and provide to the County annual evidence of insurance for not less than five years after
completion of services under this Agreement; and (3) if the policy is canceled or not renewed,
and not replaced with another claims-made policy with a retroactive date prior to the date on
which services begin under this Agreement, then the SUBRECIPIENT shall purchase extended
reporting coverage on its claims-made policy for a minimum of five years after completion of
services under this Agreement.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the SUBRECIPIENT signs this Agreement, and
at any time during the term of this Agreement as requested by the County's Risk Manager or the
County Administrative Office, the SUBRECIPIENT shall deliver, or cause its broker or producer
to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, California
93721, or HRRiskManagement@fresnocountyca.gov, and by mail or email to the person
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identified to receive notices under this Agreement, certificates of insurance and endorsements
for all of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been obtained
and is in full force; (2) the County, its officers, agents, employees, and volunteers are not
responsible for any premiums on the policy; and (3) the SUBRECIPIENT has waived its
right to recover from the County, its officers, agents, employees, and volunteers any
amounts paid under any insurance policy required by this Agreement and that waiver
does not invalidate the insurance policy.
(ii) The commercial general liability insurance certificate must also state, and include an
endorsement, that the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, are additional insureds insofar as the operations under this
Agreement are concerned. The commercial general liability insurance certificate must
also state that the coverage shall apply as primary insurance and any other insurance, or
self-insurance, maintained by the County shall be excess only and not contributing with
insurance provided under the SUBRECIPIENT's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any auto
used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must also state
the retroactive date of the policy, which must be prior to the date on which services
began under this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be issued
by admitted insurers licensed to do business in the State of California and possessing at all
times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII.
(C) Notice of Cancellation or Change. For each insurance policy required under this Agreement,
the SUBRECIPIENT shall provide to the County, or ensure that the policy requires the insurer to
provide to the County, written notice of any cancellation or change in the policy as required in
this paragraph. For cancellation of the policy for nonpayment of premium, the SUBRECIPIENT
shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in
advance of cancellation. For cancellation of the policy for any other reason, and for any other
change to the policy, the SUBRECIPIENT shall, or shall cause the insurer to, provide written
notice to the County not less than 30 days in advance of cancellation or change. The County in
its sole discretion may determine that the failure of the SUBRECIPIENT or its insurer to timely
provide a written notice required by this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the SUBRECIPIENT has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this Agreement, then
the County requires and is entitled to the broader coverage, higher limits, or both. To that end,
the SUBRECIPIENT shall deliver, or cause its broker or producer to deliver, to the County's Risk
Manager certificates of insurance and endorsements for all of the coverages that have such
broader coverage, higher limits, or both, as required under this Agreement.
(E) Waiver of Subrogation. The SUBRECIPIENT waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of worker's
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compensation insurance required by this Agreement. The SUBRECIPIENT is solely responsible
to obtain any policy endorsement that may be necessary to accomplish that waiver, but the
SUBRECIPIENT's waiver of subrogation under this paragraph is effective whether or not the
SUBRECIPIENT obtains such an endorsement.
(F) County's Remedy for Subrecipient's Failure to Maintain. If the SUBRECIPIENT fails to keep
in effect at all times any insurance coverage required under this Agreement, the County may, in
addition to any other remedies it may have, suspend or terminate this Agreement upon the
occurrence of that failure, or purchase such insurance coverage, and charge the cost of that
coverage to the SUBRECIPIENT. The County may offset such charges against any amounts
owed by the County to the SUBRECIPIENT under this Agreement.
(G)Subcontractors. The SUBRECIPIENT shall require and verify that all subcontractors used by
the SUBRECIPIENT to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize the
SUBRECIPIENT to provide services under this Agreement using subcontractors.
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