HomeMy WebLinkAboutReso 39-2023 (23-166)
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GRANT AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND [GRANTEE]
This Grant Agreement (“Agreement”) is entered into this ____ day of ______, 2023 (the “Effective
Date”) by and between the County of San Mateo, a political subdivision of the state of California, hereinafter
called “County,” and [GRANTEE], hereinafter called “Grantee.” County and Grantee may be referred to
herein as “Parties.”
* * *
WHEREAS, the County has received funds under the federal American Rescue Plan (“ARPA”)
which can be used among other applications to respond to the COVID-19 public health emergency and its
negative economic impacts; and
WHEREAS, the County has allocated ARPA funds (“ARPA Funds”) for the 2023 Summer
Enrichment Grant Program which is intended to support new or expanded childcare services, increase
access to such services, and to bolster, support, or preserve existing providers and services within San
Mateo County as a measure to support households impacted by the pandemic and its negative economic
consequences by providing grants to selected providers that meet qualifying criteria; and
WHEREAS, the County has approved the grant of certain funds to Grantee pursuant to the terms
and conditions set forth in this Agreement.
NOW, THEREFORE, it is agreed by the Parties to this Agreement as follows:
1. Attachments
The following exhibits are attached to this Agreement and incorporated by reference as if fully set forth
herein: Attachment E – Additional Agreement Provisions.
2. Grant
Subject to the terms and conditions herein, County hereby grants to Grantee a grant in a total amount not
to exceed [$GRANT AMOUNT)] (“Grant”) in consideration of and on the condition that Grantee shall use
the Grant for the sole purpose of carrying out the Grant Purpose as specified herein and in no event shall
the County’s total fiscal obligation under this Agreement exceed this amount. The County shall make the
Grant funds available to Grantee through disbursement by the SMCU Community Fund, with disbursement
to occur within ten (10) days of the Effective Date.
3. Grant Purpose.
The purpose of the Grant (“Grant Purpose”) is to support new or expanded childcare services, increase
access to such services, and to bolster, support, or preserve existing providers and services within San
Mateo County as a measure to support households impacted by the Covid-19 pandemic, through
distribution of grants to qualifying, selected providers of out of school programs that serve
socioeconomically disadvantaged (“SED”) students, defined, for the purposes of the Program and this
Agreement, as students whose annual household income is less than 65% of the Area Median Income for
San Mateo County. “Summer enrichment programs” means, for the purposes of the Program and this
Agreement, programs that provide supervised care for rising Kindergarten through rising 12th Grade
students during the summer that support academic progress and social and emotional development. This
is not a research and development award.
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4. Grantee’s Representations and Warranties
Grantee represents and warrants to the County that:
a. Grantee operates a summer enrichment program.
b. Grantee operates a facility that is physically located in San Mateo County and serves rising
kindergarten through rising 12th Grade students, by providing a summer enrichment program.
c. Grantee’s summer enrichment program will be in operation during summer 2023 (i.e., the
period of June 1, 2023 through August 31, 2023) for at least 4 weeks (i.e., 20 days) and will
operate at least five days per week and offer at least 4 hours of programming per day.
d. Grantee offers academic and learning support along with activities and programs that promote
development of social and emotional learning as part of its summer enrichment program.
e. Grantee’s summer enrichment program primarily serves, or has the potential to serve, at least
50% or more SED students and agrees to use the Grant funds to expand the number of
available summer enrichment program slots for SED students.
f. Grantee will submit an IRS W-9 Form to the County.
g. Grantee’s summer enrichment program is and will remain in compliance with any and all
applicable licensing, health and safety, and background check laws, regulations, rules and
requirements, and Grantee will provide documentation of same upon request by the County.
Grantee agrees to provide records sufficient to substantiate its representations and warranties upon the
County’s request.
5. Reporting Requirements
Grantee agrees to provide the County with written reporting at quarterly intervals detailing (a) the expenses
to which the Grant funds have been applied with documentation supporting same upon request; (b)
description of progress toward meeting the Grant Purpose; (c) the number of SED students served by the
Grantee, including whether the number of SED students served has increased, declined, or remained
constant compared with the number served as of the Effective Date; and (d) any further reporting
reasonably requested by the County. Additional requirements are set forth at Exhibit E.
6. Subaward
(a) The Grant funds are a subaward of ARPA Funds. (Fed. Award Id No. SFLRP0201; Asst. List No.
21027). This means that if Grantee expends more than $750,000 in Federal awards during the fiscal year,
Grantee agrees to submit to audit under the Single Audit Act and its implementing regulations at 2 CFR
Part 200, Subpart F.
(b) Because Grantee is receiving a subaward of ARPA Funds, the County must take steps to ensure
Grantee meets the audit requirements and uses the Grant funds in accordance with applicable laws,
regulations, and the Grant Purpose. Thus, Grantee agrees to promptly (i) identify to the County any ARPA,
CARES, or other federal awards/subawards it has received within the past three years and amounts thereof;
(ii) provide the County with any audit report, including Single Audit reports, within the past three years; (iii)
identify Grantee’s current management personnel and systems; and (iv) identify any approved federally
recognized indirect cost rate negotiated with the Federal Government. Unless an approved federally
recognized indirect cost rate applies, the de minimis indirect cost rate shall apply to the subaward.
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(c) Grantee also agrees to cooperate and assist with effective subrecipient monitoring by the County
to ensure compliance with all terms and conditions of ARPA and its implementing rules, regulations,
reporting, and recordkeeping requirements, including, without limitation, by making itself available for and
cooperating with audits and on-site reviews and timely completing applicable close-out requirements.
7. Term & Termination
Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the
Effective Date and continue in effect through August 31, 2023. This Agreement will not automatically renew,
nor shall it create any reliance on the possibility of future grants. Grantee understands and agrees that to
the extent all Grant funds are not expended at the time of termination (i.e., not later than August 31, 2023),
Grantee must promptly return all unexpended funds to the County.
County may suspend and/or terminate this Agreement if Grantee fails to comply with the terms of this
Agreement and may, in its sole discretion, withhold or cancel pending and future disbursements of funds
and/or require Grantee to return some or all funds disbursed under this Agreement.
See Attachment E for additional terms of termination.
8. Duty to Defend, Indemnify and Hold Harmless
To the maximum extent allowed by law, Grantee shall indemnify, defend and hold harmless the County and
its officers, agents, and employees from any claim, liability, loss, injury or damage arising out of, or in
connection with, performance of this agreement by the Grantee and/or its agents, employees or sub-
contractors, excepting only loss, injury, or damage caused by the sole negligence or willful misconduct of
personnel employed by the County. The parties agree that this Agreement does not create an employment
relationship between the County and Grantee or any of its personnel. Grantee shall have in effect during
the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full
statutory coverage, as well as professional and commercial general liability insurance.
9. Assignability and Subcontracting
Grantee shall not assign this Agreement or any portion of it to a third party. Any such assignment or
subcontract without County’s prior written consent shall give County the right to automatically and
immediately terminate this Agreement without penalty or advance notice and the County shall have the
right to a refund of all funds disbursed under this Agreement.
10. Compliance With Laws
All services to be performed by Grantee in connection with this Agreement shall be performed in
accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations,
including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the
Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate
requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as
amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of
disability in programs and activities receiving any Federal or County financial assistance. Such services
shall also be performed in accordance with all applicable ordinances and regulations, including but not
limited to appropriate licensure, certification regulations, and provisions pertaining to confidentiality of
records. In the event of a conflict between the terms of this Agreement and any applicable State, Federal,
County, or municipal law or regulation, the requirements of the applicable law or regulation will take
precedence over the requirements set forth in this Agreement. Grantee will timely and accurately complete,
sign, and submit all necessary documentation of compliance.
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11. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be
deemed to be properly given when both: (1) transmitted via email to the email address listed below; and (2)
sent to the physical address listed below by either being deposited in the United States mail, postage
prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that
provides a tracking number showing confirmation of receipt.
In the case of County, until March 30,
2023 to:
In the case of the County
after March 30, 2023
In the case of Grantee, to:
Peggy Jensen
County Executive’s Office
400 County Center, 1st Floor
Redwood City, CA 94063
(650) 363-4171
[email protected]
Justin Mates
County Executive’s Office
400 County Center, 1st
Floor
Redwood City, CA 94063
[email protected]
Name
Title
Address
City, State, Zip
email
12. Electronic Signature
Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement
to be digitally signed in accordance with California law and County’s Electronic Signature Administrative
Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time
in relation to all future documents by providing notice pursuant to this Agreement.
* * *
THIS AGREEMENT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO FUNDS WILL BE
DISTRIBUTED UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY’S AUTHORIZED
DESIGNEE.
For Grantee:
_____________________________
(signature)
Authorized Representative
Grantee
_____________________________
(please print name)
Authorized Representative
Grantee
_______________
Date
_____________________________
Name of Grantee
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For County:
______________________________
(Signature)
Authorized Designee
County of San Mateo
____________________________
(please print name)
Authorized Designee
County of San Mateo
______________
Date
__________________________
Job Title (please print)