Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00166 February 8, 2022 Consent Item 14
Title: City Council COVID-19 Response: ARPA Framework and Funding Priorities: City Manager Authority to Execute American Rescue Plan Act Grant Agreements for Small Business Priorities
Location: Citywide
Recommendation: Pass a Motion: 1) authorizing the City Manager or the City Manager’s designee to execute an ARPA Reinvestment Fund Grant Agreement in an amount not to exceed $635,000 with Midtown Sacramento PBID Corporation for Clean and Safe activities; and 2) authorizing the City Manager or the City Manager’s designee to execute an American Rescue Plan Act Grant Agreement in an amount not to exceed $186,420 with Capitol State District for Clean and Safe activities.
Contact: Leslie Fritzsche, Economic Investment Manager, (916) 808-5450, [email protected]
; Denise Malvetti, Interim Deputy Director (916) 808-7064, [email protected]; Office of Innovation and Economic Development
Presenter: None
Attachments:
1-Description/Analysis
2-ARPA Reinvestment Fund Programs
3- Small Business and Commercial Corridor Revitalization – Small Business Priorities 4-ARPA Reinvestment Fund Grant Agreement with Midtown Sacramento PBID Corporation 5- American Rescue Plan Act Grant Agreement with Capitol Station District
File ID: 2022-00166 Consent Item 14
February 8, 2022
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City of Sacramento
Description/Analysis
Issue Detail: On October 19, 2021, City Council adopted Resolution No. 2021-0313, which authorized the City Manager or City Manager’s designee to accept $112.2 million of American Rescue Plan Act of 2021 (ARPA) funding; establish the ARPA Reinvestment Fund (Fund 1003); and allocate $112.2 of ARPA funds to provide government services and budget the resulting available resources in the ARPA Reinvestment Fund to assist with the recovery and reopening resulting from the impacts of COVID-19. This action included a budget allocation of $8.2 million in funding for small business priorities to assist in mitigating the impacts from the pandemic.
The two grant agreements that are the subject of this report, the ARPA Reinvestment Grant Agreement in an amount not to exceed $635,000 with the Midtown Sacramento PBID Corporation and the American Rescue Plan Act Grant Agreement in an amount not to exceed $186,420 with Capitol Station District, are both for clean and safe activities to respond to the pandemic’s negative economic impacts.
Since the City Council adopted Resolution No. 2021-0313, staff has continued to evaluate the needs of the business community and intends to reallocate funding within the $8.2 million budget so that it can increase the amount devoted to clean and safe activities from $3.5 million to a total of $3.9 million (see Attachment 3). Staff has been working with the Sacramento Inclusive Economic Development Coalition to gather requests from the Property Based Improvement Districts and will be evaluating those requests. Staff recommends utilizing $1.2 million to fund clean and safe activities on the commercial corridors including R Street. This funding is in addition to the funding included in the attached contracts for Midtown Sacramento PBID Corporation and the Capitol Station District as well as allocations previously made to the Downtown Sacramento Partnership and commitments to the Public Works Department and Police Department for lighting and security enhancements.
While this report addresses funding for clean and safe activities, staff will continue to work with the business interests and PBIDs on the commercial corridors to assist with recovery and revitalization efforts. The ARPA-funded contract with the Sacramento Inclusive Economic Development Collaborative, a coalition of sixteen organizations serving the City’s diverse small business community, is envisioned to be presented to Council within the next few weeks and bring needed resources for technical assistance and business support. In addition, the cross- departmental Neighborhood Development Action Team is focused on the City’s underserved corridors and envisions launching new funding initiatives for corridor support later this year.
Policy Considerations: The City continues to be impacted by the COVID-19 public health emergency. The use of ARPA Reinvestment funds for the Midtown area and River District clean and safe activities is consistent with Council direction provided by Resolution No. 2021- 0313 and consistent with City Council’s adopted ARPA Framework and Funding Priorities.
File ID: 2022-00166 Consent Item 14
February 8, 2022
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City of Sacramento
Economic Impacts: The City will use the ARPA reinvestment funds to provide assistance to residents and business that have been impacted by COVID-19. These funds will support people, places, and actions that promote overall economic recovery and result in impacts immediately and well beyond the pandemic.
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed actions are not a project under CEQA because they relate to government fiscal activities that do not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment. (Cal. Code Regs., tit. 14, §§15060(c)(3), 15378(b)(4)). Even if any of the proposed actions are a project, they are not subject to CEQA because it can be seen with certainty that there is no possibility that any of them may have a significant impact on the environment (Cal. Code Regs., tit. 14, §15061(b)(3)).
Sustainability: Not Applicable
Commission/Committee Action: Not Applicable
Rationale for Recommendation: Granting the ARPA funds to facilitate clean and safe activities in the Midtown area and River District will allow the City to support residents, businesses, and community partners that have been impacted by COVID-19. These activities and the recommended funding will be utilized to assist in the City’s economic and business recovery from the pandemic. The funding allocations were informed by the input of the “Sacramento Business Priorities” working group that included many local businesses and community leaders. The recommendations from that group, convened by Councilmember Schenirer, were presented to the Council in June 2021.
Financial Considerations: Resolution No. 2021-0313 allocated $8.2 million for Small Business Priorities. Staff is recommending that the City Council authorize the City Manager or his designee to execute an ARPA Reinvestment Grant Agreement in an amount not to exceed $635,000 with the Midtown Sacramento PBID Corporation for clean and safe activities and an American Rescue Plan Act Grant Agreement in an amount not to exceed $186,420 with Capitol Station District for clean and safe activities. Sufficient funding is available (ARPA Reinvestment Fund, Fund 1003) in the ARPA Small Business Support MYOP (I02612000) for these agreements. Funding of $1.2 million will be available in the MYOP for additional clean and safe activity support on the commercial corridors.
Local Business Enterprise (LBE): Not applicable.
ARPA Reinvestment Fund (Fund 1003) $112,313,331
Program Description Approved
Expenditure Category
Aggie Square Job Center 1,000,000 3
Animal Services for the Homeless (ASHR) Response Team 2,386,148 2 Business Compliance Unit (BCU) Night Team 1,645,637 5
Center for Workers' Rights 550,000 3
Comprehensive Siting Plan - Location Buildout 3,538,400 2 Comprehensive Siting Plan - Property Acquisition 12,783,299 2 Downtown Core and Old Sacramento Revitalization 5,000,000 1 Forensiclean Extended Services 3,000,000 2
Gang Prevention and Intervention 1,500,000 3
Homeless and Housing Commitment 17,992,153 2
Public Records Staffing 4,150,494 5
Sacramento Inclusive Economic Development Collaborative 3,500,000 1 Small Business Priorities 8,200,000 1
Substance Use Respite and Engagement Program 1,300,000 2 Vaccine Outreach and Education 1,000,000 1
Youth Pop-Up Program 1,300,000 3
$68,846,131
ARPA Balance $43,467,200
Allocation of ARPA by Mayor/Council Priorities Category Funding Small Business and Commercial Corridor Revitalization 1 17,700,000 Homeless and Housing Commitment 2 41,000,000
Youth, Workforce Training, and Gang Prevention 3 4,350,000 Arts, Creative Economy, and Tourism 4 -
Citywide Organizational Needs 5 5,796,131
Total 68,846,131$
Attachment 2
American Rescue Plan Act (ARPA) Reinvestment Fund Programs (reflects Council actions through 2/1/2022)
EXHIBIT C TO RESOLUTION
ARPA FUNDING FOR BUSINESS SUPPORT
PROPOSED
PROGRAM PROGRAM DESCRIPTION
BUDGET – 10/19/21 PROPOSED
BUDGET –
2/8/22
NOTES RE: PROPOSED BUDGET
REVISIONS
CLEAN AND SAFE
Lighting
Program
Support public safety and ensure areas
are well lit to increase security and are
welcoming for customers with a goal
of consistent lighting following CEPTD
guidelines. Focus on areas that were
negatively impacted by pandemic and
that are high in pedestrian traffic.
$2,000,000
Enhanced
safety and
security
measures
Enhance feeling of safety with
increased security services and
security cameras in commercial
districts, particularly those with areas
of nighttime traffic.
$750,000
Enhanced
Cleaning
Basic rapid response clean-up and
improve cleanliness and sanitation
through increased power washing,
debris removal, graffiti abatement and
trash collection.
$825,000
SUBTOTAL $3,575,000 $3,900,000 Propose Using A Total for Clean and Safe activities rather than allocating by
subcategories to allow funds to be
tailored to business community needs
PLACEMAKING
Citywide
Reopening
Support "Al
Fresco"
Program
Farm to Fork Al Fresco: Helping
restaurants thrive with outdoor dining.
The program would be made
permanent by assisting restaurateurs
on how to utilize the public right of
way for expanded outdoor dining. The
program will provide design concepts
and guide applicants through a
streamlined approval process.
$2,000,000 $2,000,000
Vacant
Storefront
Window
Activation
Incentivize removal of boards from
windows and upkeep of outside
property. Incentivize Façade
improvements of blighted storefronts
due to pandemic
$200,000 $200,000
Street/Alley
Closures and
Paving
Improvement
To interface with events and Al Fresco
and retain flexibility in use of public
right of ways. This also includes some
repair work needed in highly trafficked
areas to enhance aesthetics for
returning patrons and decrease City
liability
$350,000 $350,000
PATRON AND EMPLOYEE RETURN
Citywide
Reopening
Support "City
of Festivals
Grant"
Program
To encourage outdoor events and
activities and to infuse energy into the
City’s reopening, the city would
expand its “City of Festival’s Grant
Program” citywide. The Program
would provide support in the form of
grants for special events and
activations with the goal of stimulating
a range of events throughout the City.
$700,000 $700,000
Citywide
Reopening
Support E-gift
card program
A Sacramento e-Gift Card program
would allow an unlimited number of
businesses Citywide to register to
participate at no charge. Customers
can purchase online for usage at
participating City of Sacramento
businesses. To enhance usage, the
program would incentivize purchases
A marketing campaign would launch
the program.
$250,000 $200,000 Marketing funding included in
marketing budget below
Business
Attraction
Campaign
Business recruitment campaign to
recruit retail tenants to vacant
storefronts in older corridors
throughout the city that have been
affected by the pandemic
$375,000 $375,000
EXPAND AND IMPROVE ACCESS TO CITY RESOURCES FOR BUSINESS SUCCESS
Marketing,
Language
Access,
Trusted
Messengers
Language Access. – Translate all
materials and ensure staff offering are
bilingual in key languages. Materials
include programs for economic relief,
work force, marketing, and many
more. Support for trusted messenger
to provide info about business
resources
$350,000 $275,000
)
If additional funds needed, funds would
be taken from individual program
budgets
Technical
Assistance
Provides technical assistance to small
businesses negatively impacted
economically by the pandemic.
$400,000 $200,000 Additional technical Assistance
proposed to be available through SAC
IEDC contract
TOTAL $8,200,000 $8,200,000
Attachment 1
Authorized Activities
1. The Grantee shall use the ARPARF funds solely to respond to the negative economic impacts of the COVID-19 public health emergency by providing assistance to small businesses. In doing so, the Grantee shall use the ARPARF funds solely to address the negative impacts of the pandemic and its disparate impact by implementing a program to provide small
Midtown , which has the same boundaries as the Midtown Sacramento Property and Business Improvement District, generally bounded by I and S streets, 16 th Street and Alhambra Boulevard Program
A. Public Space Improvement and Maintenance. Increasing its maintenance services in Midtown. The Grantee shall pressure wash the sidewalks and alleyways at least once volume of trash and debris removed by 3% over Gra
would improve cleanliness and sanitation in Midtown. In addition, the Grantee shall install bollards and water barricades at the intersections of 24 th Street and K Street; 20thStreet and K Steet; and 20th Street and Capitol Ave to provide for active and regular outdoor programming meeting COVID health standards and protocols and to increase safety, deterring crime. The Grantee shall provide these services between the effective date of this agreement and December 31, 2024.
B. Security. Contracting for two security guards to assist in nighttime crime prevention in Midtown. The security guards would enhance the feeling of safety for returning patrons, tourists, and the hospitality sector in Midtown. The security guards would serve a minimum of an average of 64 hours a week per guard with attention given to late evening and early morning Thursday through Sunday, patrolling near hotels, restaurants, and public events. The Grantee shall contract for these services between the effective date of this agreement and December 31, 2024.
C. Lighting Enhancements. Installing lighting in Winn Park to create a unique experience and to assist with safety and crime prevention. The Grantee shall obtain all permits required to install the lighting. The Grantee is responsible for ongoing replacement and maintenance of these items until December 31, 2024. The City shall supply the electricity for the lights.
D. Outdoor Event Equipment. Supporting the recruitment and attraction of events and programming by purchasing equipment, including traffic control devices, signage, barricades, pop-up tents, and similar items, which the Grantee shall use in Midtown to support the Program. The goals of the events are to increase programming, economic activity, and visitation, and to deter criminal behavior.
2. The Grantee shall provide oversight, fiscal monitoring, and management for the Program, including procuring all goods and services needed to implement the Program.
3. The Grantee shall attempt to achieve the following community outcomes to address the disparate impact of the pandemic on small businesses in Midtown, and adjacent areas:
A. Public Space Improvement and Maintenance: Improvements to pedestrian walkways, resulting in increased pedestrian traffic; increased small business sales (as measured by percent growth in sales tax using 2020 as the base year); and retention of small businesses (as measured by maintenance of and percent increase in number of new City business operations tax certificates issued for small businesses using 2020 as the base year);
B. Security: Increased security in response to an increase in violence as a result of the pandemic, resulting in increased pedestrian traffic; increased small business sales (as measured by percent growth in sales tax using 2020 as the base year); and retention of small businesses (as measured by maintenance of and percent increase in number of new City business operations tax certificates issued for small businesses using 2020 as the base year);
C. Lighting Enhancements: Improved lighting in pedestrian walkways, resulting in increased pedestrian traffic; increased small business sales (as measured by percent growth in sales tax using 2020 as the base year); and retention of small businesses (as measured by maintenance of and percent increase in number of new City business operations tax certificates issued for small businesses using 2020 as the base year);
D. Outdoor Event Equipment: Increased number and quality of events in Midtown, resulting in increased tourism and visitation in Midtown (as measured by number of event permits issued per year using 2020 as the base year).
4. The Grantee shall evaluate the efficacy of the Program at achieving each of the outcomes identified in Section 3, above.
5. For each Program element identified in Section 1.A.
D., above, the Grantee shall
separately document and report the following information to assist the City in measuring agreement:
(a) s approach to ensuring that services are provided to small businesses in Midtown;
(b) Quantitative data that demonstrates that the Grantee implemented the Program as required under Section 1, above;
(c) Qualitative and quantitative data on how Grantee achieved or promoted equitable outcomes and progress toward equity goals (the City shall provide the Grantee with the required demographic questions);
(d) Amount of funding, staffing, and other resources leveraged through partnerships;
(e) Number of businesses served by the Program; and
(f) The geographic area in which the Program was implemented (identifed by street names).
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American Rescue Plan Act Grant Agreement
This AMERICAN RESCUE PLAN ACT GRANT AGREEMENT, dated February 8, 2022, for purposes of identification, is between the CITY OF SACRAMENTO, a California municipal corporation (the “City”), and Capitol Station District, a California non-profit corporation (the “Grantee”).
Background
In response to the world-wide spread of the respiratory illness coronavirus disease 2019 (COVID-19), the Federal Health and Human Services Secretary declared a national public health emergency in the United States on January 31, 2020; Governor Gavin Newsom proclaimed a state of emergency in the State of California on March 4, 2020; the County of Sacramento proclaimed a public health emergency on March 5, 2020; the City Council declared it a local emergency on March 13, 2020; and on that same day, the President of the United States declared a national emergency.
On March 19, 2020, Governor Newsom issued Executive Order N-33-20, which ordered all California residents to stay home or at their place of residence except as needed to maintain operations of certain federal critical infrastructure sectors. That same day, the Public Health Officer of the County of Sacramento issued a similar stay-at-home order which made exceptions only to do essential activities, conduct essential government functions, and operate essential businesses. On June 15, 2021, the State moved forward with re-opening the economy and began the process of winding down many of the Executive Orders put in place since the beginning of the pandemic. Since that time, COVID-19 cases have increased substantially.
Prior to the reopening of the State, the federal American Rescue Plan Act of 2021 (“ARPA”) was signed into law on March 11, 2021. The ARPA builds upon previously enacted aid measures such as the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Under the ARPA, the City of Sacramento will receive approximately $112 million from the “Coronavirus Local Fiscal Recovery Fund” ($56 million in May 2021 and $56 million anticipated in May 2022) directly from the federal Department of the Treasury. The Assistance Listing Number assigned to ARPA funds is 21.027.
The ARPA provides that payments from the Coronavirus Local Fiscal Recovery Fund may only be used: “(a) To respond to the public health emergency [with respect to the Coronavirus Disease 2019 (COVID-19)] or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (b) To respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers; (c) For the provision of government services to the extent of the reduction in revenue due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and (d) To make necessary investments in water, sewer, or broadband infrastructure.”
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Based on the availability of ARPA-allocated funds, the City has decided to provide funding to the Grantee to further the purposes of the ARPA, as provided in this agreement.
The purpose of this agreement is to address the negative economic impacts of the COVID-19 public health emergency by providing economic support to businesses in Qualified Census Tracts 5.00 and 53.01 in the City’s area commonly referred to as the River District.
With these background facts in mind, the City and Grantee agree as follows:
1. Term. This agreement takes effect as described in section 10 and terminates on July 1, 2023, subject to early termination under section 7.
2. Disbursement of Funds. The City shall disburse to the Grantee a total sum not to exceed $186,420 in accordance with section 3 below. The funds disbursed by the City under this agreement are referred to as “ARP funds.” In no instance will the City be liable for any payments or costs in excess of this amount, for any unauthorized or ineligible costs, or for costs incurred after March 1, 2023.
3. Reimbursement Basis. The City will make payments to the Grantee in arrears as follows:
(a) Progress Payments. On a monthly basis, the Grantee shall provide the City with a written report on the progress made on the Authorized Activities (in accordance with section 8(m) below) and a detailed and properly documented invoice for reimbursement that must include a detailed accounting of costs already incurred in sufficient detail for the City, in its opinion, to substantiate the costs. The City will notify the Grantee within fifteen business days following receipt of its invoice and written report of any circumstances or data identified by the City that would cause withholding of approval and subsequent payment. The City may request any additional documentation it determines is needed to substantiate any request for reimbursement.
The City reserves the right to withhold payment of unauthorized amounts. The City shall remit payment to Grantee within a reasonable time after invoice approval.
(b) Final Payment. As a condition of receiving final payment under this agreement, the Grantee shall provide the City with (i) all of the documents described in section 3(a), above, covering the period since the Grantee last submitted a monthly payment request, and (ii) the closeout report required under section 8(o), below. The City may request any additional documentation it determines is needed to substantiate any request for reimbursement or that is needed to complete the closeout report. The City reserves the right to withhold payment of unauthorized amounts. The City shall remit payment to Grantee within a reasonable time after invoice and closeout report approval.
4. Authorized Uses. The following terms apply to the Grantee’s activities and expenditures related to this agreement:
3 Rev. 12-20-2021
(a) The Grantee may seek reimbursement solely for costs it incurs that are necessary to carry out the activities listed in attachment 1 (“Authorized Activities”) in accordance with the budget listed in attachment 2 (“Approved Budget”). If a term included in attachment 1 is stated as an obligation, then the Grantee is obligated to perform the term under this agreement.
(b) The Grantee may seek reimbursement solely for eligible costs that it incurs between the effective date of this agreement and March 1, 2023. If Grantee receives a refund or credit for any cost for which it received a payment of ARP funds, Grantee shall return ARP funds in an amount equal to the refund or credit to the City by check payable to the City and delivered to the City at the address shown in section 9 no later than 10 days following receipt of such refund or credit, unless otherwise agreed to, in writing, by the City.
(c) When incurring costs for which it will seek reimbursement under this agreement, the Grantee is subject to the restrictions set forth in the ARPA, as well as the Department of the Treasury’s Interim Final Rule, FAQs, Fact Sheet, and Compliance and Reporting Guidance (collectively the “ARP Guidance”), as the Guidance may be amended from time to time. The ARP Guidance can be found at https://home.treasury.gov/policy- issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local- fiscal-recovery-funds.
(d) Any costs that are determined by subsequent audit to be unallowable are subject to repayment by the Grantee to the City within 60 days unless the City approves in writing an alternative repayment plan.
(e) The Grantee shall not use the ARP funds to supplant funding provided by the City to the Grantee under any other agreement. The Grantee shall include a term in every grant subaward agreement and contract that prohibits the subrecipient or contractor from using ARP funds to supplant funding provided by the City directly or indirectly to the subrecipient or contractor.
(f) If the Grantee has received other ARPA funds from the City or any other entity, or has received other federal funds (e.g., Coronavirus Relief Act funds, payroll protection act loan, etc.), Grantee shall not use the ARP funds awarded pursuant to this agreement to pay for direct or indirect costs already covered by the other federal funds or ARP fund payments.
5. Books and Records. During the term of this agreement and for five years after the termination or expiration of this agreement, the Grantee shall keep appropriate books, records, and accounts in connection with the ARP funds and activities performed under this agreement and is subject to the following:
(a) The Grantee shall maintain all records related to this agreement in accordance with generally accepted accounting practices, including the following records: (i) general
4 Rev. 12-20-2021
ledger and subsidiary ledgers used to account for the receipt of ARP funds and the disbursements of ARP funds to meet eligible expenses; (ii) budget records for all fiscal years covered by this agreement; (iii) payroll, time records, human resource records to support costs incurred for payroll expenses related to this agreement; (iv) receipts of purchases made related to this agreement; (v) contracts and subcontracts entered into using ARP funds and all documents related to such contracts; (vi) grant subaward agreements entered into using ARP funds and all documents related to such awards; (vii) all documentation of reports, audits, and other monitoring of contractors, subcontractors, the Grantee, and subrecipients; (viii) all documentation supporting the performance outcomes of contracts, subcontracts, grant subaward agreements, and this agreement; (ix) all internal and external email/electronic communications related to use of ARP funds; and (x) all investigative files and inquiry reports involving payment of ARP funds.
(b) The Grantee shall make its books, records, and accounts (both those that relate to this agreement and those that do not), employees, performance-related records, property, and equipment related to this agreement available to the City’s Accounting Manager (the “Accounting Manager”), the City Auditor, any independent auditor, the United States Department of the Treasury Office of Inspector General (“OIG”), and the Pandemic Relief Accountability Committee at all reasonable times so that the Accounting Manager, City Auditor, independent auditor, or OIG may determine whether the Grantee has complied with this agreement. If the City requests, the Grantee shall obtain and provide to the City, at the Grantee’s sole cost, an independent financial audit of the Grantee’s use of the ARP funds.
(c) Upon demand by the City, given in accordance with section 9, the Grantee shall reimburse the City for all ARP funds that the Accounting Manager, City Auditor, an independent auditor, or the OIG determines were expended for activities other than Authorized Activities in accordance with the ARPA and the ARP Guidance, with reimbursement to be by check payable to the City and delivered to the City at the address shown in section 9.
6. Supervision or Discipline of Minors. The Grantee shall not employ a person, whether as an employee, contractor, or volunteer, in a position with supervisory or disciplinary authority over a minor in connection with this agreement if the person has been convicted of an offense identified in California Public Resources Code section 5164, subdivision (a)(2). To give effect to this section, the Grantee shall conduct a criminal background check on each person it employs in a position with supervisory or disciplinary authority over a minor.
7. Termination. The City may terminate this agreement if the City Manager determines that:
(a) The Grantee has failed to perform, or has performed unsatisfactorily, any term of this agreement, including failing to use the ARP funds solely for Authorized Activities in accordance with the ARPA and the ARP Guidance;
5 Rev. 12-20-2021
(b) The Grantee has made (with or without knowledge) any material misrepresentation of any nature with respect to any information or statements furnished to City in connection with this agreement; or
(c) T here is pending litigation with respect to the performance by Grantee of any of its duties or obligations under this agreement that may materially jeopardize or adversely affect the undertaking of or the carrying out of the Authorized Activities.
8. Pass-through Entity and Subrecipient Requirements. To the extent federal funds are awarded through this agreement, the Grantee acknowledges that it is a pass-through entity and subrecipient as defined in title 2 of the Code of Federal Regulations (“CFR”), sections 200.74 and 200.93. In connection with its activities and expenditures related to this agreement, the Grantee shall do the following:
(a) The Grantee shall comply with all federal laws, regulations, and terms of the ARP Guidance that apply to a pass-through entity and subrecipient of a subaward of an ARP funds, including the ARPA and the applicable provisions of the CFR, as set forth in the federal Assistance Listing No. 21.027;
(b) The Grantee shall maintain a valid SAM.gov registration;
(c) The Grantee shall comply with the applicable cost principles in title 2, CFR, Part 200, Subpart E and, to the extent required, costs must be reasonable, eligible, and allocable as provided in title 2, CFR, sections 100.404 and 200.405;
(d) The Grantee shall not seek reimbursement for pre-award costs, as defined in title 2, CFR, section 200.458;
(e) The Grantee shall comply with all laws and regulations, including title 2, CFR, Part 200, subpart D, when purchasing equipment or property;
(f) If the Grantee has a current Negotiated Indirect Costs Rate Agreement with a federal cognizant agency (NICRA), Grantee may use its current NICRA. Alternatively, the Grantee’s indirect costs are limited to 10% of the modified total direct costs (pursuant to title 2, CFR, section 200.314(f));
(g) The Grantee shall comply with the audit requirements in title 2, CFR, Part 200, Subpart F;
(h) The Grantee shall comply with the provisions of title 24, CFR, Part 24, relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status;
6 Rev. 12-20-2021
(i) The Grantee shall enter into a written grant subaward agreement for each subaward of ARP funds that the Grantee makes to a subrecipient;
(j) The Grantee shall enter into a written contract when it purchases goods or services using ARP funds. All procurement contracts using ARP funds shall be consistent with the procurement standards set forth in title 2, CFR, sections 200.317 through 200.327, as applicable;
(k) The Grantee shall ensure that each written grant subaward agreement for a subaward of ARP funds imposes on the subrecipient all the obligations that this agreement imposes on the Grantee;
(l) The Grantee shall report its subaward and executive compensation information as required by title 2, CFR, Part 170;
(m) On a monthly basis, the Grantee shall provide the City with a written report on the progress made on the Authorized Activities. This monthly report must include all the following: (i) a narrative explanation of the Grantee’s progress toward all goals set forth in the Authorized Activities; (ii) an itemized list of all expenditures of ARP funds to date, including the amount of any subaward and the name of each subaward recipient and the names of any contractors paid with ARP funds and the amount paid; and (iii) any other information the City may request to demonstrate that the ARP funds are being used solely for Authorized Activities and in accordance with all applicable laws;
(n) Upon the request of the City, the Grantee shall provide the City with an annual recovery plan performance report that provides information on how the Grantee is planning to ensure project outcomes are achieved in an effective, efficient, and equitable manner, and the Grantee’s progress on key performance indicators determined by the City and identified by Treasury (each such report, a “Report”). If the City requests a Report, the Grantee shall deliver the Report to the City no later than July 15 of each year; and
(o) The Grantee shall provide the City with a closeout report that includes all the following:
(i) an itemized list of all expenditures of ARP funds; (ii) the name of each subrecipient of ARP funds; (iii) the name of each contractor who is paid with ARP funds; (iv) the amount of each subaward of ARP funds; (v) the amount of each contract for the purchase of goods or services that is paid for in whole or in part with ARP funds; (vi) a copy of each grant subaward agreement between the Grantee and a subrecipient for a subaward of ARP funds; (vii) a copy of each contract for the purchase of goods or services that is paid for in whole or in part with ARP funds; (viii) all information required to be reported under attachment 1; and (ix) any other information that the City may request to demonstrate that the ARP funds were used solely for Authorized Activities in accordance with the ARPA and the ARP Guidance. The Grantee shall include with the report a certification that it used the ARP funds solely for Authorized Activities in accordance with the ARPA and the Guidance. The Grantee shall include the closeout report and certification with its request for final payment request under section 3(b),
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above, except that if the Grantee does not submit a final payment request, then it shall provide the closeout report and certification no later than 45 days following the final disbursement of ARP funds under this agreement.
9. Notices. Any notice, request, report, or demand under this agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this section 9 to the persons identified below or their successors. A mailed notice, application, request, report, or demand will be effective or will be considered to have been given on the third calendar day after it is deposited in the United States Mail (certified mail and return receipt requested), addressed as set forth below, with postage prepaid. A notice, application, request, report, or demand sent in any other manner will be effective or will be considered properly given when actually delivered. Any party may change its address for these purposes by giving written notice of the change to the other party in the manner provided in this section.
If to the City:
City of Sacramento
Office of the City Manager
915 I Street, 5th Floor
Sacramento, California 95814
Attention: Leslie Fritzsche
If to the Grantee:
Capitol Station District DBA The River District
PO Box 630
Sacramento, CA 95812
Attention: Jenna Abbott, Executive Director
10. Effective Date. This agreement is effective on the date that all parties have signed it, as indicated by the dates in the signature blocks below.
11. Indemnity. The Grantee shall defend, hold harmless and indemnify the City, its officers and employees, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by the City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (collectively, “Liabilities”), including Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way related to this agreement, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment, except that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising
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from the sole negligence or willful misconduct of the City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the direct supervision and control of the Grantee.
12. Insurance. During the term of this agreement, the Grantee shall maintain insurance coverage as follows:
(a) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Grantee, its subcontractors, products and completed operations of Grantee, its subcontractors, and premises owned, leased, or used by the Grantee, its subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy must provide contractual liability and products and completed operations coverage for the term of the policy. The policy must not include an exclusion for sexual abuse, physical abuse, or molestation.
(b) The minimum limits of insurance required by section 12(a) may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance must contain, or be endorsed to contain, a provision that it applies on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by the City, its officials, employees, or volunteers is in excess of such umbrella or excess coverage and does not contribute with it.
(c) The City, its officials, employees, and volunteers must be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Grantee and its subcontractors; products and completed operations of Grantee and its subcontractors; and premises owned, leased, or used by Grantee and its subcontractors.
(d) The policies must contain, or be endorsed to contain, the following provisions:
(1) Grantee’s insurance coverage, including excess insurance, is primary insurance as respects the City, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers is in excess of Grantee’s insurance and does not contribute with it.
(2) Any failure to comply with reporting provisions of the policies does not affect coverage provided to the City, its officials, employees, or volunteers.
(3) Coverage must state that Grantee’s insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
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(e) The Grantee shall provide the City with 30 days’ written notice of cancellation or material change in the policy language or terms.
(f) Insurance must be placed with insurers with a Bests’ rating of not less than A:VI. Self- insured retentions, policy terms, or other variations that do not comply with the requirements of this section 12 must be declared to and approved by the City in writing prior to execution of this agreement.
(g) The Grantee shall furnish the City with certificates evidencing the insurance required.
The certificates must be forwarded to the City representative named in section 9.
Copies of policies must be delivered to the City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier.
(h) For all insurance policy renewals during the term of this agreement, the Grantee shall send insurance certificates reflecting the policy renewals directly to:
City of Sacramento
c/o EXIGIS LLC
P.O. Box 947
Murrieta, CA 92564
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]
(i) The City may withdraw its offer of contract or terminate this agreement if the certificates of insurance required have not been provided prior to execution of this agreement. The City may withhold payments to the Grantee or terminate the agreement if the insurance is canceled or the Grantee otherwise ceases to be insured as required by this section 12.
(j) Any available insurance proceeds in excess of the specified minimum limits and coverages must be made available to the City.
(k) The Grantee’s liability to the City is not in any way be limited to or affected by the amount of insurance coverage required or carried by the Grantee in connection with this agreement.
13. Conflicts of Interest. The Grantee, its officers, directors, employees, agents, and subcontractors shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of the City or that in any way hinders the Grantee’s performance under this agreement. The Grantee shall disclose, in writing to the City, any potential conflict of interest affecting the awarded funds in accordance with title 2, CFR, section 200.112 and must maintain a conflict of interest policy consistent with title 2, CFR, section 200.318, subsection (c).
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14. Prohibition of Expending State or Federal Funds for Lobbying.
(a) The Grantee certifies, to the best of its knowledge or belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any State or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any State or Federal contract, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Agreement, the Grantee will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(b) This certification is a material representation of fact upon which reliance was placed when this Agreement was entered into. This certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(c) The Grantee also agrees, by signing this Agreement, that it will require that the language of this certification be included in all lower tier contracts and sub awards that exceed $100,000, and that all such sub contractors and subrecipients shall certify and disclose accordingly.
(d) The Grantee certifies or affirms the truthfulness and accuracy of each statement of its certification and any disclosure. In addition, the Grantee understands and agrees that the provisions of Chapter 38 of title 31 of U.S. Code, Administrative Remedies for False Claims and Statements, apply to this certification and any disclosure.
15. Drug-free Certification. By signing this Agreement, the Grantee hereby certifies under penalty of perjury under the laws of the State of California that the Grantee will comply with the requirements of title 31, CFR, Part 20 (Government -wide Requirements for Drug -Free Workplace) and the Drug-Free Workplace Act of 1990 (Cal. Gov. Code, §§ 8350, et seq.) and will provide a drug-free workplace by taking the following actions:
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(a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations.
(b) Establish a Drug-Free Awareness Program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The Grantee’s policy of maintaining a drug-free workplace;
(3) Any available counseling, rehabilitation, and employee assistance programs; and
(4) Penalties that may be imposed upon employees for drug abuse violations. (c) Every employee of the Grantee who works on a program funded under this Agreement shall:
(1) Receive a copy of the Grantee’s Drug-Free Workplace Policy Statement; and
(2) Agree to abide by the terms of the Grantee ’s Policy Statement as a condition of employment on programs funded under this Agreement.
16. Environmental Compliance. The Grantee shall comply with all generally applicable federal environmental laws and regulations, including but not limited to the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), Executive Order 11738, all Environmental Protection Agency (“EPA”) Regulations (title 40, CFR) and all applicable standards, orders or regulations issued pursuant thereto. The Grantee agrees to report any violation of these statutes and regulations to the City and understands and agrees that the City will, in turn, report each violation, as required, to assure notification to the appropriate federal agency and EPA Regional Office.
17. Uniform Relocation Assistance and Real Property Acquisitions. The Grantee shall comply with the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations, to the extent applicable.
18. Hatch Act. Any Grantee that is a public agency shall comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits 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 federal funds.
19. False Claims. The Grantee 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.
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20. 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 [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”
21. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the Grantee is encouraged to adopt and enforce on-the job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles.
22. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and should establish workplace safety policies to decrease accidents caused by distracted drivers.
23. Protections For Whistleblowers. In accordance with section 4712 of title 41 of the U.S Code, the Grantee may not discharge, demote, or otherwise discriminate against any employee in reprisal for disclosing an information the employee reasonably believes is evidence of gross mismanagement of this agreement, a gross waste of federal funds, an abuse of authority related to this agreement, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to this agreement. Grantee shall inform its employees, in writing, of the rights and remedies provided to them under this section in the predominant native language of the workforce.
24. Prevailing Wage. If any of the activities listed in attachment 1 are subject to the prevailing wage requirements under section 1720 et seq. of the California Labor Code, then the Grantee shall require its contractor and subcontractors to adhere to those requirements, including the following: contracts between the contractor and subcontractors must include provisions requiring the payment of prevailing wage; the contractor shall monitor subcontractors’ payment of prevailing wage by periodically reviewing certified payroll records and diligently taking corrective action if the subcontractors fail to pay prevailing wage; contractor and subcontractors shall maintain certified payroll records and time records. The contractor to whom a contract is awarded, and any subcontractor under such contractor, shall not pay less than the specified prevailing wage; contractor and subcontractors are subject to penalties for violations of prevailing wage provisions. The Grantee shall indemnify, hold harmless, and defend the City from all additional wages, benefits, fees, damages, penalties, fines, legal fees, court costs, arbitration costs, and other costs arising from the Grantee’s or its contractor’s improper application of California’s prevailing wage laws to the activities listed in attachment 1. If all applicable labor compliance requirements are not met, then upon demand by the City, given in accordance with section 9, the Grantee shall reimburse the City for all ARP funds spent on construction or related services, in whole or in part, with reimbursement to be by check payable to the City and delivered to the City at the address shown in section 9.
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25. Miscellaneous.
(a) Assignment. The Grantee may not assign or otherwise transfer this agreement or any interest in it without the City’s written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this section 25(a) is void.
(b) Successors and Assigns. This agreement binds and inures to the benefit of the successors and assigns of the parties. This section 25(b) does not constitute the City’s consent to any assignment of this agreement or any interest in this agreement.
(c) Interpretation. This agreement is to be interpreted and applied in accordance with California law. Attachments 1 and 2 are part of this agreement.
(d) Waiver of Breach. A party’s failure to insist on strict performance of this agreement or to exercise any right or remedy upon the other party’s breach of this agreement will not constitute a waiver of the performance, right, or remedy. A party’s waiver of the other party’s breach of any term or provision in this agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party.
(e) Severability. If a court with jurisdiction rules that any nonmaterial part of this agreement is invalid, unenforceable, or contrary to law or public policy, then the rest of this agreement remains valid and fully enforceable.
(f) Counterparts. The parties may sign this agreement in counterparts, each of which is considered an original, but all of which constitute the same agreement. Facsimiles, pdfs, and photocopies of signature pages of the agreement have the same binding effect as originals.
(g) Time of Essence. Time is of the essence in performing this agreement.
(h) Compliance with all Laws, Requirements, and Orders. The Grantee shall comply with all applicable laws, regulations, orders of public officials, and requirements in connection with this agreement, including all non-discrimination and equal opportunity laws to ensure that Grantee does not deny benefits or services or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with Title VI of the Civil Rights Act of 1964, Public Law 88-352, title 42 of the U.S. Code, sections 2000d- 1 et seq., and the Department's implementing regulations, title 31, CFR, part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, title 29 of the U.S. Code, section 794; Title IX of the Education Amendments of 1972 (Title IX), title 20 of the U.S. Code, sections 1681 et seq., and the Department's implementing regulations, title 31, CFR, part 28; Age Discrimination Act of 1975, Public Law 94-135, title 42 of the U.S. Code, sections 6101 et seq., and the
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Department implementing regulations at title 31, CFR, part 23 and title 28, CFR, part 42.
As a condition of receiving ARP funds, the Grantee further provides the assurances set forth in attachment 3 to this agreement.
(i) Authority to Sign. The person signing this agreement on Grantee's behalf represents that he or she is authorized to do so and that no further action beyond his or her signature is required to bind Grantee to this agreement. City shall have no obligations whatsoever under this agreement, unless and until this agreement is executed by the City Manager or the City Manager’s authorized designee.
(j) Tax Implications and Consequences. The City makes no representations as to the tax consequences associated with the disbursement of ARP funds related to this agreement, and any determination related to this issue is the sole responsibility of the Grantee.
Grantee acknowledges consulting with its own tax advisors or tax attorneys regarding this transaction or having had an opportunity to do so prior to signing this agreement.
Grantee acknowledges the City cannot provide advice regarding the tax consequences or implications of the ARP funds disbursed to Grantee under the terms of this agreement.
(k) Integration and Modification. This agreement sets forth the parties’ entire understanding regarding the matters set forth above and is intended to be their final, complete, and exclusive expression of those matters. It supersedes all prior or contemporaneous agreements, representations, and negotiations—written, oral, express, or implied—and may be modified only by another written agreement signed by both parties.
(Signature Page Follows)
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CITY OF SACRAMENTO,
a California municipal corporation
By: ____________________________
Michael Jasso, Assistant City Manager
Dated: _______________, 2022
Attest
Sacramento City Clerk
By: ____________________________
Deputy City Clerk
Approved as to Form
Sacramento City Attorney
By: ____________________________
Deputy City Attorney
GRANTEE
By: ____________________________
Jenna Abott, Executive Director
Dated: ________________, 2022
Feb 2, 2022
Michael Sparks (Feb 2, 2022 12:34 PST)
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Attachment 1
Authorized Activities
1. The Grantee shall use the ARP funds solely to respond to the negative economic impacts of the COVID-19 public health emergency by providing support to businesses, in particular Expenditure Category 2.13 (Other Economic Support) (U.S. Department of Treasury Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds). In doing so, the Grantee shall use the ARP funds solely to address the negative impacts of the pandemic and its disparate impact on businesses located within the boundaries of the City’s River District Business and Improvement District (the “River District”), which is located entirely within Qualified Census Tract (“QCT”) 5.00 and 53.01. The Grantee shall implement a program to address the negative economic impact that increased unsanitary conditions and crime caused by the pandemic had on businesses in the River District (the “Program”), including the following:
A. Public Space Improvement and Maintenance. Increasing its maintenance services within the River District. The Grantee shall place 40 industrial street trash cans on public sidewalks strategically throughout the River District. The Grantee shall also remove trash at a minimum on a weekly basis from the industrial street trash cans and pay for a weekly 30-yard trash container to be used for disposal of the trash collected in these industrial street trash cans and other trash collected within the River District. The services would improve cleanliness and sanitation in the River District. The Grantee shall obtain all permits necessary to implement these services. Grantee shall provide these services between the effective date of this agreement and March 1, 2023.
B. Security. Contracting for 49 hours per week of additional security and 49 hours per week of on-call security to assist in crime prevention in
the River District. The security guards
would enhance the feeling of safety for businesses, returning patrons, tourists, and the hospitality sector in the River District. The Grantee shall contract for these services between the effective date of this agreement and March 1, 2023.
2. The Grantee shall provide oversight, fiscal monitoring, and management for the Program, including procuring all goods and services needed to implement the Program.
3. The Grantee shall attempt to achieve the following community outcomes to address the disparate impact of the pandemic on small businesses in in the River District:
A. Public Space Improvement and Maintenance: Improvements to pedestrian walkways, resulting in less loose trash piles and more bagged trash collected from street trash cans with a projected increase in total trash volume of 20% over trash volume collected by the Grantee in 2021; increased business sales (as measured by percent growth in sales tax using 2020 as the base year);
B. Security: Increased security in response to an increase in violence as a result of the pandemic, resulting in fewer call for service to the Sacramento Police Department (as
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compared to calendar year 2020); increased business sales (as measured by percent growth in sales tax using 2020 as the base year).
4. The Grantee shall evaluate the efficacy of the Program at achieving each of the outcomes identified in Section 3, above.
5. For each Program element identified in Section 1.A. – B., above, the Grantee shall separately document and report the following information to assist the City in measuring the effectiveness and outcomes of the Program and the Grantee’s performance under this agreement:
(a) Brief description of Grantee’s approach
to ensuring that services are provided to
businesses in the QCTs;
(b) Quantitative data that demonstrates that the Grantee implemented the Program as required under Section 1, above;
(c) Qualitative and quantitative data on how Grantee achieved or promoted equitable outcomes and progress toward equity goals (the City shall provide the Grantee with the required demographic questions);
(d) Amount of funding, staffing, and other resources leveraged through partnerships;
(e) Number of businesses served by the Program; and
(f) The geographic area in which the Program was implemented (identifed by street names).
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Attachment 2
Budget
TOTAL ACTIVITY Effective
Date –
March 1
2023
Public Space
Improvement and
Maintenance
66,000 Installation
of industrial
street trash
cans and 30
yard
container
service
$66,000
Security $120,420 Contracted
Security
Guards
120,420
TOTAL $186,420 $186,420
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Attachment 3
Assurances of Compliance with Civil Rights Requirements
As a condition of receipt of federal financial assistance from the Department of the Treasury, the Grantee provides the assurances stated in this attachment 3. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Grantee’s programs funded under this Agreement.
1. Grantee 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 title 31, CFR, Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Grantee 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). The Grantee 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, the Grantee 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. Grantee 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 Grantee’s programs, services, and activities.
3. Grantee agrees to consider the need for language services for LEP persons when Grantee develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.
4. Grantee acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Grantee and Grantee’s successors, transferees, and assignees for the term of this agreement.
5. Grantee 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 Grantee and the Grantee’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 recipients 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
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(42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI 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. Grantee 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 Grantee, 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 Grantee for the period during which it retains ownership or possession of the property.
7. Grantee shall cooperate in any enforcement or compliance review activities by the Department of the Treasury. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Grantee shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Grantee shall maintain a complaint log and inform the City 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. Grantee also must inform the City if Grantee has received no complaints under Title VI.
9. In its monthly reporting, Grantee must provide documentation of any determination by an administrative agency or court finding non-compliance with Title VI and Grantee’s efforts to address the non-compliance, including any voluntary compliance or other agreements between the Grantee and the administrative agency that made the finding. If the Grantee settles a case or matter alleging such discrimination, the Grantee must provide documentation of the settlement to the City. In the absence of such disclosures, Grantee is certifying that it has not been the subject of any court or administrative agency finding of discrimination.
10. If the Grantee makes sub-awards to other agencies or other entities, the Grantee is responsible for ensuring that sub-grantees also comply with Title VI and other applicable authorities covered in this agreement. State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-grantees.
11. The United States of America has the right to seek judicial enforcement of the terms of this attachment 3, and nothing in this agreement alters or limits the federal enforcement measures that the United States may take in order to address violations of this agreement or applicable federal law.