HomeMy WebLinkAboutAgenda - 08-01-2022; 1 - Ratification of the County Manager's Approval of ARPA Policies 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 1, 2022
Action Agenda
Item No. 1
SUBJECT: Ratification of the County Manager's Approval of ARPA Policies
DEPARTMENT: County Attorney's Office
ATTACHMENT(S): INFORMATION CONTACT:
Allowable Costs and Principles Policy John Roberts, County Attorney, (919)
Conflict of Interest Policy 245-2318
Federal Funds and ARPA Policy Gary Donaldson, Chief Financial Officer,
Program Income Policy (919) 245-2450
Property Policy
Record Retention Policy
Subaward Policy
PURPOSE: To ratify the County Manager's approval of seven ARPA-related policies.
BACKGROUND: The American Rescue Plan Act of 2021 (ARPA) was signed into law in March
2021. ARPA established the Coronavirus State and Local Fiscal Recovery Fund (CSLFRF),
which is a program that provides funding to all states, counties, and municipalities across the
country. The County has received its ARPA allocation of $28.8 million.
The U.S. Department of Treasury Final Rule governs the eligible uses of American Rescue Plan
Act (ARPA) funds and includes certain compliance policies (attached).
The BOCC adoption of these policies is consistent with current County practices and ARPA
compliance requirements.
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board ratify the County Manager's
approval of the seven attached ARPA policies.
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ORANGE COUNTY POLICY FOR ALLOWABLE COSTS AND COST
PRINCIPLES FOR EXPENDITURE OF AMERICAN RESCUE PLAN
ACT CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY
FUNDS
WHEREAS Orange County, has received an allocation of funds from the Coronavirus State and
Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF);
and
WHEREAS the funds may be used for projects within these categories, to the extent authorized
by state law.
1. Support COVID-19 public health expenditures by funding COVID-19 mitigation and
prevention efforts, medical expenses, behavioral healthcare, and certain public health and
safety staff,
2. Address negative economic impacts caused by the public health emergency, including
economic harms to households, small businesses,non-profits, impacted industries, and the
public sector;
3. Replace lost public sector revenue, using this funding to provide government services to
the extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who have
borne and will bear the greatest health risks because of their service in critical infrastructure
sectors; and,
5. Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet; and
WHEREAS the ARP/CSLFRF funds are subject to the provisions of the federal Uniform Grant
Guidance, 2 CFR Sect. 200 (UG), as provided in the Assistance Listing; and
WHEREAS the Compliance and Reporting Guidance for the State and Local Fiscal Recovery
Funds provides, in relevant part:
Allowable Costs/Cost Principles. As outlined in the Uniform Guidance at 2 CFR Part
200, Subpart E regarding Cost Principles, allowable costs are based on the premise that a
recipient is responsible for the effective administration of Federal awards, application of
sound management practices, and administration of Federal funds in a manner consistent
with the program objectives and terms and conditions of the award. Recipients must
implement robust internal controls and effective monitoring to ensure compliance with the
Cost Principles, which are important for building trust and accountability.
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ARP/CSLFRF Funds may be, but are not required to be, used along with other funding
sources for a given project. Note that ARP/CSLFRF Funds may not be used for a non-
Federal cost share or match where prohibited by other Federal programs, e.g., funds may
not be used for the State share for Medicaid.
Treasury's Final Rule and guidance and the Uniform Guidance outline the types of costs
that are allowable, including certain audit costs. For example, per 2 CFR 200.425, a
reasonably proportionate share of the costs of audits required by the Single Audit Act
Amendments of 1996 are allowable; however, costs for audits that were not performed in
accordance with 2 CFR Part 200, Subpart F are not allowable. Please see 2 CFR Part 200,
Subpart E regarding the Cost Principles for more information.
a. Administrative costs: Recipients may use funds for administering the SLFRF
program, including costs of consultants to support effective management and
oversight, including consultation for ensuring compliance with legal,
regulatory, and other requirements. Further, costs must be reasonable and
allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405. Pursuant to the
ARP/CSLFRF Award Terms and Conditions,recipients are permitted to charge
both direct and indirect costs to their SLFRF award as administrative costs.
Direct costs are those that are identified specifically as costs of implementing
the ARP/CSLFRF program objectives, such as contract support, materials, and
supplies for a project. Indirect costs are general overhead costs of an
organization where a portion of such costs are allocable to the ARP/CSLFRF
award such as the cost of facilities or administrative functions like a director's
office. Each category of cost should be treated consistently in like
circumstances as direct or indirect, and recipients may not charge the same
administrative costs to both direct and indirect cost categories, or to other
programs. If a recipient has a current Negotiated Indirect Costs Rate Agreement
(NIGRA) established with a Federal cognizant agency responsible for
reviewing, negotiating, and approving cost allocation plans or indirect cost
proposals, then the recipient may use its current NICRA. Alternatively, if the
recipient does not have a NICRA,the recipient may elect to use the de minimis
rate of 10 percent of the modified total direct costs pursuant to 2 CFR
200.414(f).
b. Salaries and Expenses: In general, certain employees' wages, salaries, and
covered benefits are an eligible use of ARP/CSLFRF award funds; and
WHEREAS Subpart E of the Uniform Guidance dictates allowable costs and cost principles for
expenditure of ARP/CSLFRF funds; and
WHEREAS Subpart E of the Uniform Guidance (specifically, 200.400) states that:
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The application of these cost principles is based on the fundamental premises that:
(a) The non-Federal entity is responsible for the efficient and effective
administration of the Federal award through the application of sound
management practices.
(b) The non-Federal entity assumes responsibility for administering Federal
funds in a manner consistent with underlying agreements, program
objectives, and the terms and conditions of the Federal award.
(c) The non-Federal entity, in recognition of its own unique combination of
staff, facilities, and experience, has the primary responsibility for
employing whatever form of sound organization and management
techniques may be necessary in order to assure proper and efficient
administration of the Federal award.
(d) The application of these cost principles should require no significant
changes in the internal accounting policies and practices of the non-Federal
entity. However,the accounting practices of the non-Federal entity must be
consistent with these cost principles and support the accumulation of costs
as required by the principles, and must provide for adequate documentation
to support costs charged to the Federal award.
(e) In reviewing, negotiating and approving cost allocation plans or indirect
cost proposals, the cognizant agency for indirect costs should generally
assure that the non-Federal entity is applying these cost accounting
principles on a consistent basis during their review and negotiation of
indirect cost proposals. Where wide variations exist in the treatment of a
given cost item by the non-Federal entity, the reasonableness and equity of
such treatments should be fully considered.
(f) For non-Federal entities that educate and engage students in research, the
dual role of students as both trainees and employees (including pre- and
post-doctoral staff) contributing to the completion of Federal awards for
research must be recognized in the application of these principles.
(g) The non-Federal entity may not earn or keep any profit resulting from
Federal financial assistance, unless explicitly authorized by the terms and
conditions of the Federal award;
BE IT RESOLVED that the governing board of Orange County hereby adopts and enacts the
following UG Allowable Costs and Cost Principles Policy for the expenditure of ARP/CSLFRF
funds.
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Orange County Allowable Costs and Costs Principles Policy
I. ALLOWABLE COSTS AND COSTS PRINCIPLES POLICY OVERVIEW
Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, commonly called Uniform Guidance
(UG), specifically Subpart E, defines those items of cost that are allowable, and which are
unallowable. The tests of allowability under these principles are: (a) the costs must be
reasonable; (b) they must be allocable to eligible projects under the Coronavirus State and Local
Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF); (c)
they must be given consistent treatment through application of those generally accepted
accounting principles appropriate to the circumstances; and(d)they must conform to any
limitations or exclusions set forth in these principles or in the ARP/CSLFRF grant award as to
types or amounts of cost items. Unallowable items fall into two categories: expenses which are
by their nature unallowable (e.g., alcohol), and unallowable activities (e.g., fund raising).
Orange County shall adhere to all applicable cost principles governing the use of federal grants.
This policy addresses the proper classification of both direct and indirect charges to
ARP/CSLFRF funded projects and enacts procedures to ensure that proposed and actual
expenditures are consistent with the ARP/CSLFRF grant award terms and all applicable federal
regulations in the UG.
Responsibility for following these guidelines lies with Orange County's Department of Finance
and Administrative Services (Finance), which is charged with the administration and financial
oversight of the ARP/CSLFRF. Further, all County employees and officials who are involved in
obligating, administering, expending, or monitoring ARP/CSLFRF grant funded projects should
be well versed with the categories of costs that are generally allowable and unallowable.
Questions on the allowability of costs should be directed to Finance's Budgeting Division and/or
Orange County's County Attorney's Office (Attorney's Office). As questions on allowability of
certain costs may require interpretation and judgment, County personnel are encouraged to ask
for assistance in making those determinations.
II. GENERAL COST ALLOWABILITY CRITERIA
All costs expended using ARP/CSLFRF funds must meet the following general criteria:
1. Be necessary and reasonable for the proper and efficient performance and
administration of the grant program.
A cost must be necessary to achieve a project object. When determining whether a cost is
necessary, consideration may be given to:
o Whether the cost is needed for the proper and efficient performance of the grant
project.
o Whether the cost is identified in the approved project budget or application.
o Whether the cost aligns with identified needs based on results and findings from a
needs assessment.
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o Whether the cost addresses project goals and objectives and is based on program
data.
A cost is reasonable if, in its nature and amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the decision
to incur the cost was made. For example, reasonable means that sound business practices
were followed, and purchases were comparable to market prices. When determining
reasonableness of a cost, consideration must be given to:
o Whether the cost is a type generally recognized as ordinary and necessary for the
operation of Orange County or the proper and efficient performance of the federal
award.
o The restraints or requirements imposed by factors, such as: sound business
practices; arm's-length bargaining; federal, state, and other laws and regulations;
and terms and conditions of the ARP/CSLFRF award.
o Market prices for comparable goods or services for the geographic area.
o Whether individuals concerned acted with prudence in the circumstances
considering their responsibilities to Orange County, its employees, the public at
large, and the federal government.
o Whether Orange County significantly deviates from its established practices and
policies regarding the incurrence of costs, which may unjustifiably increase the
ARP/CSLFRF award's cost.
2. Be allocable to the ARP/CSLFRF federal award. A cost is allocable to the
ARP/CSLFRF award if the goods or services involved are chargeable or assignable to the
ARP/CSLFRF award in accordance with the relative benefit received. This means that
the ARP/CSLFRF grant program derived a benefit in proportion to the funds charged to
the program.For example, if 50 percent of a local government program officer's salary is
paid with grant funds, then the local government must document that the program officer
spent at least 50 percent of his/her time on the grant program.
If a cost benefits two or more projects or activities in proportions that can be determined
without undue effort or cost, the cost must be allocated to the projects based on the
proportional benefit. If a cost benefits two or more projects or activities in proportions
that cannot be determined because of the interrelationship of the work involved, then the
costs may be allocated or transferred to benefitted projects on any reasonable documented
basis. Where the purchase of equipment or other capital asset is specifically authorized by
the ARP/CSLFRF, the costs are assignable to the Federal award regardless of the use that
may be made of the equipment or other capital asset involved when no longer needed for
the purpose for which it was originally required.
3. Be authorized and not prohibited under state or local laws or regulations.
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4. Conform to any limitations or exclusions set forth in the principles, federal laws,
ARP/CSLFRF award terms, and other governing regulations as to types or amounts
of cost items.
5. Be consistent with policies, regulations, and procedures that apply uniformly to both
the ARP/CSLFRF federal award and other activities of Orange County.
6. Be accorded consistent treatment. A cost MAY NOT be assigned to a federal award as
a direct cost and also be charged to a federal award as an indirect cost. And a cost must
be treated consistently for both federal award and non-federal award expenditures.
7. Be determined in accordance with generally accepted accounting principles
(GAAP), unless provided otherwise in the UG.
8. Be net of all applicable credits. The term"applicable credits"refers to those receipts or
reduction of expenditures that operate to offset or reduce expense items allocable to the
federal award. Typical examples of such transactions are purchase discounts; rebates or
allowances; recoveries or indemnities on losses; and adjustments of overpayments or
erroneous charges. To the extent that such credits accruing to and received by the County
related to the federal award, they shall be credited to the ARP/CSLFRF award, either as a
cost reduction or a cash refund, as appropriate and consistent with the award terms. For
additional requirements and information see the Orange County Program Income Policy.
9. Be adequately documented.
III. SELECTED ITEMS OF COST
The Uniform Guidance examines the allowability of fifty-five (55) specific cost items
(commonly referred to as Selected Items of Cost) at 2 CFR § 200.420-.475.
Finance personnel responsible for determining cost allowability must be familiar with the
Selected Items of Cost. Orange County must follow the applicable regulations when charging
these specific expenditures to the ARP/CSLFRF grant.
Finance personnel will check costs against the selected items of cost requirements to ensure the
cost is allowable and that all process and documentation requirements are followed. In addition,
State laws, Orange County regulations, and program-specific rules may deem a cost as
unallowable, and Finance personnel must follow those non-federal rules as well.
Exhibit A identifies and summarizes the Selected Items of Cost.
IV. DIRECT AND INDIRECT COSTS
Allowable and allocable costs must be appropriately classified as direct or indirect charges. It is
essential that each item of cost be treated consistently in like circumstances either as a direct or
an indirect cost.
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Direct costs are expenses that are specifically associated with a particular ARP/CSLFRF-eligible
project and that can be directly assigned to such activities relatively easily with a high degree of
accuracy. Common examples of direct costs include salary and fringe benefits of personnel
directly involved in undertaking an eligible project, equipment and supplies for the project,
subcontracted service provider, or other materials consumed or expended in the performance of a
grant-eligible project.
Indirect costs are (1) costs incurred for a common or joint purpose benefitting more than one
ARP/CSLFRF-eligible project, and(2) not readily assignable to the project specifically
benefited, without effort disproportionate to the results achieved. They are expenses that benefit
more than one project or even more than one federal grant. Common examples of indirect costs
include utilities, local telephone charges, shared office supplies, administrative or secretarial
salaries.
For indirect costs, Orange County may charge a 10 percent de minimis rate of modified total
direct costs (MTDC). According to UGG Section 200.68 MTDC means all direct salaries and
wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first
$25,000 of each subaward (regardless of the period of performance the subawards under the
award). MTDC EXCLUDES equipment, capital expenditures, charges for patient care, rental
costs, tuition remission, scholarships and fellowships, participant support costs and the portion of
each subaward in excess of$25,000.
V. SPECIAL PROVISIONS FOR STATE AND LOCAL GOVERNMENTS
There are some special provisions of the UG that apply only to states, local governments, and
Indian Tribes.
§ 200.444 General costs of government.
(a) For states, local governments, and Indian Tribes, the general costs of government are
unallowable (except as provided in 1200.475). Unallowable costs include:
(1) Salaries and expenses of the Office of the Governor of a state or the chief executive
of a local government or the chief executive of an Indian tribe;
(2) Salaries and other expenses of a state legislature, tribal council, or similar local
governmental body,such as a county supervisor,city council,school board,etc.,whether
incurred for purposes of legislation or executive direction;
(3) Costs of the judicial branch of a government;
(4) Costs of prosecutorial activities unless treated as a direct cost to a specific program
if authorized by statute or regulation (however, this does not preclude the allowability
of other legal activities of the Attorney General as described in § 200.435); and
(5) Costs of other general types of government services normally provided to the general
public, such as fire and police, unless provided for as a direct cost under a program
statute or regulation.
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(b) For Indian tribes and Councils of Governments (COGS) (see definition for Local
government in 2& 00.1 of this part),up to 50%of salaries and expenses directly attributable
to managing and operating Federal programs by the chief executive and his or her staff
can be included in the indirect cost calculation without documentation.
§ 200.416 COST ALLOCATION PLANS AND INDIRECT COST PROPOSALS.
(a) For states, local governments and Indian tribes, certain services, such as motor pools,
computer centers, purchasing, accounting, etc., are provided to operating agencies on a
centralized basis. Since Federal awards are performed within the individual operating
agencies, there needs to be a process whereby these central service costs can be identified
and assigned to benefitted activities on a reasonable and consistent basis. The central
service cost allocation plan provides that process.
(b) Individual operating agencies (governmental department or agency), normally charge
Federal awards for indirect costs through an indirect cost rate. A separate indirect cost
rate(s)proposal for each operating agency is usually necessary to claim indirect costs under
Federal awards. Indirect costs include:
(1) The indirect costs originating in each department or agency of the governmental unit
carrying out Federal awards and
(2) The costs of central governmental services distributed through the central service cost
allocation plan and not otherwise treated as direct costs.
(c) The requirements for development and submission of cost allocation plans (for central
service costs and public assistance programs)and indirect cost rate proposals are contained
in appendices V, VI and VII to this part.
§ 200.417 INTERAGENCY SERVICE.
The cost of services provided by one agency to another within the governmental unit may
include allowable direct costs of the service plus a pro-rated share of indirect costs. A
standard indirect cost allowance equal to ten percent of the direct salary and wage cost of
providing the service (excluding overtime, shift premiums, and fringe benefits) may be
used in lieu of determining the actual indirect costs of the service. These services do not
include centralized services included in central service cost allocation plans as described
in Appendix V to Part 200.
VI. COST ALLOWABILITY REVIEW PROCESS
PREAPPROVAL COST ALLOWABILITY REVIEW
Before an ARP/CSLFRF-funded project is authorized, Finance must review the proposed cost
items within an estimated project budget to determine whether they are allowable and allocable
and whether cost items will be charged as direct or indirect expenses. This review will occur
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concurrently with the review of project eligibility and before obligating or expending any
ARP/CSLFRF funds.
• Local government personnel must submit proposed ARP/CSLFRF projects to Finance for
review. In addition to other required information, all proposed project submissions must
delineate estimated costs by cost item. A template ABPA Expenditure Budget Form is
located on the Orange County Intranet at:
https:Hintranet.oran eg coun . ne.gov/finance/bud etg /goa.asp
• Along with a general review of project eligibility and conformance with other governing
board management directives, Finance must review estimated costs for specific allowable
cost requirements,budget parameters, indirect rates, fringe benefit rates, and those
activities/costs that require pre-approval by the US Treasury. In addition to this
Allowable Costs Policy, proposed project must conform to the requirements of Orange
County's Project Eligibility Policy.
• If a proposed project includes a request for an unallowable cost, Finance will return the
proposal to the requesting party for review and, if practicable,resubmission with
corrected cost items.
• Once a proposed project budget is pre-approved by Finance, County personnel
responsible for implementing the project must conform actual obligations and
expenditures to the pre-approved project budget.
POST-EXPENDITURE COST ALLOWABILITY REVIEW
Once an expenditure is incurred related to an eligible project, and an invoice or other demand for
payment is submitted to the County, both the Department responsible for the project and Finance
must perform a second review to ensure that actual expenditures comprise allowable costs.
• All invoices or other demands for payment must include a breakdown by cost item. The
cost items should mirror those presented in the proposed budget for the project. If an
invoice or other demand for payment does not include a breakdown by cost item, the
Department responsible for the project will return the invoice to the project manager
and/or vendor, contractor, or subrecipient for correction.
• The Department responsible for the project must review the individual cost items listed
on the invoice or other demand for payment to determine their allowability and
allocability.
• If all cost items are deemed allowable and properly allocable by the Department,they
shall forward the invoice or demand for payment to Finance. Finance shall perform a
secondary review of the individual cost items listed on the invoicce or other demand for
payment to confirm their allowability and allocability. If Finance confirm all costs items
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are allowable and properly allocable, Finance must proceed through the County's normal
disbursement process.
• If any cost item is deemed unallowable, the Department responsible for the project will
notify the project management and/or vendor, contractor, or subrecipient that a portion of
the invoice or other demand for payment will not be paid with ARP/CSLFRF funds.
Finance may in their discretion, and consistent with this policy, allow an invoice or other
demand for payment to be resubmitted with a revised cost allocation. If the County
remains legally obligated by contract or otherwise to pay the disallowed cost item, it must
identify other local government funds to cover the disbursement. Orange County's
governing board must approve any allocation of other funds for this purpose.
• The Department responsible for the Project must retain appropriate documentation of
budgeted cost items per project and actual obligations and expenditures of cost items per
project.
VII. COST TRANSFERS
Any costs charged to the ARP/CSLFRF federal award that do not meet the allowable cost criteria
must be removed from the award account and charged to an account that does not require
adherence to federal UGG or other applicable guidelines.
Failure to adequately follow this policy and related procedures could result in questioned costs,
audit findings, potential repayment of disallowed costs and discontinuance of funding.
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EXHIBIT A
Selected Items of Cost Uniform Guidance Allowability
General Reference
Advertising and public relations costs 2 CFR§ 200.421 Allowable with restrictions
Advisory councils 2 CFR§ 200.422 Allowable with restrictions
Alcoholic beverages 2 CFR§ 200.423 Unallowable
Alumni/ae activities 2 CFR§200.424 Not specifically addressed
Audit services 2 CFR§200.425 Allowable with restrictions
Bad debts 2 CFR § 200.426 Unallowable
Bonding costs 2 CFR§ 200.427 Allowable with restrictions
Collection of improper payments 2 CFR§ 200.428 Allowable
Commencement and convocation costs 2 CFR§200.429 Not specifically addressed
Compensation—personal services 2 CFR§200.430 Allowable with restrictions; Special conditions
apply(e.g., §200.430(i)(5))
Compensation—fringe benefits 2 CFR§200.431 Allowable with restrictions
Conferences 2 CFR§200.432 Allowable with restrictions
Contingency provisions 2 CFR§200.433 Unallowable with exceptions
Contributions and donations 2 CFR § 200.434 Unallowable (made by non-federal entity); not
reimbursable but value may be used as cost
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sharing or matching (made to non-federal
entity)
Defense and prosecution of criminal and 2 CFR§200.435 Allowable with restrictions
civil proceedings,claims,appeals and patent
infringements
Depreciation 2 CFR§ 200.436 Allowable with qualifications
Employee health and welfare costs 2 CFR§200.437 Allowable with restrictions
Entertainment costs 2 CFR§200.438 Unallowable with exceptions
Equipment and other capital expenditures 2 CFR§200.439 Allowability based on specific requirement
Exchange rates 2 CFR§200.440 Allowable with restrictions
Fines, penalties, damages and other 2 CFR§ 200.441 Unallowable with exceptions
settlements
Fund raising and investment management 2 CFR§ 200.442 Unallowable with exceptions
costs
Gains and losses on disposition of 2 CFR§ 200.443 Allowable with restrictions
depreciable assets
General costs of government 2 CFR§200.444 Unallowable with exceptions
Goods and services for personal use 2 CFR§ 200.445 Unallowable (goods/services); allowable
(housing)with restrictions
Idle facilities and idle capacity 2 CFR§ 200.446 Idle facilities - unallowable with exceptions;
Idle capacity-allowable with restrictions
Insurance and indemnification 2 CFR§200.447 Allowable with restrictions
Intellectual property 2 CFR§ 200.448 Allowable with restrictions
Interest 2 CFR§ 200.449 Allowable with restrictions
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Lobbying 2 CFR§200.450 Unallowable
Losses on other awards or contracts 2 CFR§200.451 Unallowable(however,they are required to be
included in the indirect cost rate base for
allocation of indirect costs)
Maintenance and repair costs 2 CFR§200.452 Allowable with restrictions
Materials and supplies costs, including costs 2 CFR§200.453 Allowable with restrictions
of computing devices
Memberships, subscriptions, and 2 CFR§200.454 Allowable with restrictions; unallowable for
professional activity costs lobbying organizations
Organization costs 2 CFR§200.455 Unallowable except federal prior approval
Participant support costs 2 CFR§200.456 Allowable with prior approval of the federal
awarding agency
Plant and security costs 2 CFR§200.457 Allowable; capital expenditures are subject to
§ 200.439
Pre-award costs 2 CFR§200.458 Allowable if consistent with other allowables
and with prior approval of the federal awarding
agency
Professional services costs 2 CFR§200.459 Allowable with restrictions
Proposal costs 2 CFR§200.460 Allowable with restrictions
Publication and printing costs 2 CFR§200.461 Allowable with restrictions
Rearrangement and reconversion costs 2 CFR§200.462 Allowable(ordinary and normal)
Recruiting costs 2 CFR§ 200.463 Allowable with restrictions
Relocation costs of employees 2 CFR§ 200.464 Allowable with restrictions
Rental costs of real property and equipment 2 CFR§200.465 Allowable with restrictions
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Scholarships and student aid costs 2 CFR§200.466 Not specifically addressed
Selling and marketing costs 2 CFR§200.467 Unallowable with exceptions
Specialized service facilities 2 CFR§ 200.468 Allowable with restrictions
Student activity costs 2 CFR§ 200.469 Unallowable unless specifically provided for in
the federal award
Taxes(including Value Added Tax) I 2 CFR § 200.470 Allowable with restrictions
Termination costs 2 CFR§ 200.471 Allowable with restrictions
Training and education costs 2 CFR§200.472 Allowable for employee development
Transportation costs 2 CFR§200.473 Allowable with restrictions
Travel costs 2 CFR§200.474 Allowable with restrictions
Trustees 2 CFR§200.475 Not specifically addressed
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CONFLICT OF INTEREST POLICY
APPLICABLE TO CONTRACTS AND SUBAWARDS OF ORANGE COUNTY SUPPORTED BY
FEDERAL FINANCIAL ASSISTANCE
I. Scope of Policy
a. Purpose of Policy. This Conflict of Interest Policy ("Policy") establishes conflict of
interest standards that (1) apply when Orange County ("Unit") enters into a Contract (as
defined in Section II hereof) or makes a Subaward (as defined in Section II hereof), and
(2)meet or exceed the requirements of North Carolina law and 2 C.F.R. § 200.318(c).
b. Application of Policy. This Policy shall apply when the Unit(1) enters into a Contract to
be funded, in part or in whole, by Federal Financial Assistance to which 2 C.F.R. §
200.318(c) applies, or (2) makes any Subaward to be funded by Federal Financial
Assistance to which 2 C.F.R. § 200.318(c) applies. If a federal statute, regulation, or the
terms of a financial assistance agreement applicable to a particular form of Federal
Financial Assistance conflicts with any provision of this Policy, such federal statute,
regulation, or terms of the financial assistance agreement shall govern.
IL Definitions
Capitalized terms used in this Policy shall have the meanings ascribed thereto in this Section 11:
Any capitalized term used in this Policy but not defined in this Section II shall have the meaning set forth
in 2 C.F.R. § 200.1.
a. "Chief Financial Officer," "Deputy Financial Services Director," and"County Manager"
mean the individuals employed by Orange County and serving in those roles.
b. "COI Point of Contact"means the individual identified in Section 111(a)of this Policy.
c. "Contract" means, for the purpose of Federal Financial Assistance, a legal instrument by
which the Unit purchases property or services needed to carry out a program or project
under a Federal award.
d. "Contractor"means an entity or individual that receives a Contract.
e. "Covered Individual"means a Public Officer, employee, or agent of the Unit.
f. "Covered Nonprofit Organization" means a nonprofit corporation, organization, or
association, incorporated or otherwise,that is organized or operating in the State of North
Carolina primarily for religious, charitable, scientific, literary,public health and safety, or
educational purposes, excluding any board, entity, or other organization created by the
State of North Carolina or any political subdivision of the State (including the Unit).
g. "Direct Benefit" means, with respect to a Public Officer or employee of the Unit, or the
spouse of any such Public Officer or employee, (i)having a ten percent(10%) ownership
interest or other interest in a Contract or Subaward;(ii)deriving any income or commission
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directly from a Contract or Subaward; or (iii) acquiring property under a Contract or
Subaward.
h. "Federal Financial Assistance" means Federal financial assistance that the Unit receives
or administers in the form of grants, cooperative agreements, non-cash contributions or
donations of property (including donated surplus property), direct appropriations, food
commodities, and other Federal financial assistance(except that the term does not include
loans, loan guarantees, interest subsidies, or insurance).
i. "Governing Board"means the Board of County Commissioners of the Unit.
j. "Immediate Family Member"means,with respect to any Covered Individual, (i)a spouse,
and parents thereof, (ii)a child,and parent thereof,(iii)a parent, and spouse thereof, (iv)a
sibling, and spouse thereof, (v) a grandparent and grandchild, and spouses thereof, (vi)
domestic partners and parents thereof,including domestic partners of any individual in(ii)
through (v) of this definition; and (vii) any individual related by blood or affinity whose
close association with the Covered Individual is the equivalent of a family relationship.
k. "Involved in Making or Administering" means (i) with respect to a Public Official or
employee, (a) overseeing the performance of a Contract or Subaward or having authority
to make decisions regarding a Contract or Subaward or to interpret a Contract or Subaward,
or (b) participating in the development of specifications or terms or in the preparation or
award of a Contract or Subaward,(ii)only with respect to a Public Official,being a member
of a board, commission, or other body of which the Public Official is a member, taking
action on the Contract or Subaward,whether or not the Public Official actually participates
in that action.
1. "Pass-Through Entity" means a non-Federal entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
m. "Public Officer"means an individual who is elected or appointed to serve or represent the
Unit (including, without limitation, any member of the Governing Board), other than an
employee or independent contractor of the Unit.
n. "Recipient" means an entity, usually but not limited to a non-Federal entity, that receives
a Federal award directly from a Federal awarding agency. The term does not include
Subrecipients or individuals that are beneficiaries of the award.
o. "Related Party" means (i) an Immediate Family Member of a Covered Individual, (ii) a
partner of a Covered Individual,or(iii)a current or potential employer(other than the Unit)
of a Covered Individual, of a partner of a Covered Individual, or of an Immediate Family
Member of a Covered Individual.
p. "Subaward" means an award provided by a Pass-Through Entity to carry out part of a
Federal award received by the Pass-Through Entity. It does not include payments to a
contractor or payments to a contractor or payments to an individual that is a beneficiary of
a Federal program.
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q. "Subcontract" means mean any agreement entered into by a Subcontractor to furnish
supplies or services for the performance of a Contract or a Subcontract. It includes,but is
not limited to,purchase orders, and changes and modifications to purchase orders.
r. "Subcontractor"means an entity that receives a Subcontract.
s. "Subrecipient" means an entity, usually but not limited to a non-Federal entity, that
receives a subaward from a Pass-Through Entity to carry out part of a Federal award; but
does not include an individual that is a beneficiary of such award. A subrecipient may also
be a recipient of other Federal awards directly from a Federal awarding agency.
t. "Unit"has the meaning specified in Section I hereof.
III. COI Point of Contact.
a. Appointment of COI Point of Contact. The Chief Financial Officer of Orange County shall
have primary responsibility for managing the disclosure and resolution of potential or
actual conflicts of interest arising under this Policy. In the event that the Chief Financial
Officer is unable to serve in such capacity, the Deputy Financial Services Director shall
assume responsibility for managing the disclosure and resolution of conflicts of interest
arising under this Policy. The individual with responsibility for managing the disclosure
and resolution of potential or actual conflicts of interest under this Section III(a) shall be
known as the"COI Point of Contact".
b. Distribution of Policy. The COI Point of Contact shall ensure that each Covered Individual
receives a copy of this Policy.
IV. Conflict of Interest Standards in Contracts and Subawards
a. North Carolina Law. North Carolina law restricts the behavior of Public Officials and
employees of the Unit involved in contracting on behalf of the Unit. The Unit shall conduct
the selection, award, and administration of Contracts and Subawards in accordance with
the prohibitions imposed by the North Carolina General Statutes and restated in this Section
III.
i. G.S. § 14-234(a)(1). A Public Officer or employee of the Unit Involved in Making
or Administering a Contract or Subaward on behalf of the Unit shall not derive a
Direct Benefit from such a Contract or Subaward.
ii. G.S. § 14-234(a)(3). No Public Officer or employee of the Unit may solicit or
receive any gift, favor, reward, service, or promise of reward, including but not
limited to a promise of future employment, in exchange for recommending,
influencing,or attempting to influence the award of a Contract or Subaward by the
Unit.
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19
iii. G.S. § 14-234.3. If a member of the Governing Board of the Unit serves as a
director,officer,or governing board member of a Covered Nonprofit Organization,
such member shall not (1) deliberate or vote on a Contract or Subaward between
the Unit and the Covered Nonprofit Corporation,(2)attempt to influence any other
person who deliberates or votes on a Contract or Subaward between the Unit and
the Covered Nonprofit Corporation,or(3)solicit or receive any gift,favor,reward,
service, or promise of future employment, in exchange for recommending or
attempting to influence the award of a Contract or Subaward to the Covered
Nonprofit Organization.
iv. G.S. § 14-234.1. A Public Officer or employee of the Unit shall not, in
contemplation of official action by the Public Officer or employee, or in reliance
on information which was made known to the public official or employee and
which has not been made public, (1) acquire a pecuniary interest in any property,
transaction, or enterprise or gain any pecuniary benefit which may be affected by
such information or other information,or(2)intentionally aid another in violating
the provisions of this section.
b. Federal Standards.
i. Prohibited Conflicts of Interest in Contracting. Without limiting any specific
prohibition set forth in Section IV(a), a Covered Individual may not participate in
the selection, award, or administration of a Contract or Subaward if such Covered
Individual has a real or apparent conflict of interest.
1. Real Conflict of Interest. A real conflict of interest shall exist when the
Covered Individual or any Related Party has a financial or other interest
in or a tangible personal benefit from a firm considered for a Contract or
Subaward. Exhibit A attached hereto provides a non-exhaustive list of
examples of (i) financial or other interests in a firm considered for a
Contract or Subaward, and (ii) tangible personal benefits from a firm
considered for a Contract or Subaward.
2. Apparent Conflict of Interest. An apparent conflict of interest shall exist
where a real conflict of interest may not exist under Section IV(b)(i)(1),
but where a reasonable person with knowledge of the relevant facts would
find that an existing situation or relationship creates the appearance that a
Covered Individual or any Related Party has a financial or other interest
in or a tangible personal benefit from a firm considered for a Contract or
Subaward.
ii. Identification and Management of Conflicts of Interest.
1. Duty to Disclose and Disclosure Forms
a. Each Covered Individual expected to be or actually involved in
the selection, award, or administration of a Contract or Subaward
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has an ongoing duty to disclose to the COI Point of Contact
potential real or apparent conflicts of interest arising under this
Policy.
b. Prior to the Unit's award of a Contract or Subaward,the COI Point
of Contact shall advise Covered Individuals expected to be
involved in the selection,award,or administration of the Contract
or Subaward of such duty.
c. If the value of a proposed Contract or Subaward exceeds
$250,000, the COI Point of Contact shall collect a Conflict of
Interest Disclosure Form contained in Exhibit C (for Contracts)
and Exhibit E(for Subawards) from each Covered Individual and
file such Conflict of Interest Disclosure Form in records of the
Unit.
2. Identification Prior to Award of Contract or Subaward.
a. Prior to the Unit's award of a Contract or Subaward,the COI Point
of Contact shall complete the appropriate Compliance Checklist
contained in Exhibit B (for Contracts) and Exhibit D (for
Subawards)attached hereto and file such Compliance Checklist in
the records of the Unit.
3. Management Prior to Award of Contract or Subaward
a. If, after completing the Compliance Checklist, the COI Point of
Contact identifies a potential real or apparent conflict of interest
relating to a proposed Contract or Subaward, the COI Point of
Contact shall disclose such finding in writing to County Manager
and to each member of the Governing Board. If the Governing
Board desires to enter into the proposed Contract or Subaward
despite the identification by the COI Point of Contact of a
potential real or apparent conflict of interest,it may either:
i. accept the finding of the COI Point of Contact and direct
the COI Point of Contact to obtain authorization to enter
into the Contract or Subaward from (a) if Unit is a
Recipient of Federal Financial Assistance, the Federal
awarding agency with appropriate mitigation measures,
or (b) if Unit is a Subrecipient of Federal Financial
Assistance, from the Pass-Through Entity that provided a
Subaward to Unit; or
ii. reject the finding of the COI Point of Contact and enter
into the Contract or Subaward. In rejecting any finding
of the COI Point of Contact,the Governing Board shall in
5
21
writing document a justification supporting such
rejection.
b. If the COI Point of Contact does not identify a potential real or
apparent conflict of interest relating to a proposed Contract or
Subaward, the Unit may enter into the Contract or Subaward in
accordance with the Unit's purchasing or subaward policy.
4. Identification After Award of Contract or Subaward.
a. If the COI Point of Contact discovers that a real or apparent
conflict of interest has arisen after the Unit has entered into a
Contract or Subaward, the COI Point of Contact shall, as soon as
possible,disclose such finding to the County Manager and to each
member of the Governing Board. Upon discovery of such a real
or apparent conflict of interest, the Unit shall cease all payments
under the relevant Contract or Subaward until the conflict of
interest has been resolved.
5. Management After Award of Contract or Subaward.
a. Following the receipt of such disclosure of a potential real or
apparent conflict of interest pursuant to Section IV(b)(ii)(4) , the
Governing Board may reject the finding of the COI Point of
Contact by documenting in writing a justification supporting such
rejection. If the Governing Board fails to reject the finding of the
COI Point of Contact within 15 days of receipt, the COI Point of
Contact shall:
i. if Unit is a Recipient of Federal Financial Assistance
funding the Contract or Subaward,disclose the conflict to
the Federal awarding agency providing such Federal
Financial Assistance in accordance with 2 C.F.R. §
200.112 and/or applicable regulations of the agency, or
ii. if Unit is a Subrecipient of Federal Financial Assistance,
disclose the conflict to the Pass-Through Entity providing
a Subaward to Unit in accordance with 2 C.F.R. §200.112
and applicable regulations of the Federal awarding
agency and the Pass-Through Entity.
V. Oversight of Subrecipient's Conflict of Interest Standards
a. Subrecipients of Unit Must Adopt Conflict of Interest Policy. Prior to the Unit's execution
of any Subaward for which the Unit serves as a Pass-Through Entity, the COI Point of
Contact shall ensure that the proposed Subrecipient of Federal Financial Assistance has
6
22
adopted a conflict of interest policy that satisfies the requirements of 2 C.F.R. §
200.318(c)(1),2 C.F.R. § 200.318(c)(2),and all other applicable federal regulations.
b. Obligation to Disclose Subrecipient Conflicts of Interest. The COI Point of Contact shall
ensure that the legal agreement under which the Unit makes a Subaward to a Subrecipient
shall require such Subrecipient to disclose to the COI Point of Contact any potential real
or apparent conflicts of interest that the Subrecipient identifies. Upon receipt of such
disclosure, the COI Point of Contact shall disclose such information to the Federal
awarding agency that funded the Subaward in accordance with that agency's disclosure
policy.
VI. Gift Standards
a. Federal Standard. Subject to the exceptions set forth in Section VI(b),a Covered Individual
may not solicit or accept gratuities,favors,or anything of monetary value from a Contractor
or a Subcontractor.
b. Exception. Notwithstanding Section VI(a),a Covered Individual may accept an unsolicited
gift from a Contractor or Subcontractor of one or more types specified below if the gift has
an aggregate market value of $20 or less per source per occasion, provided that the
aggregate market value of all gifts received by the Covered Individual pursuant to this
Section VIM does not exceed$50 in a calendar year:
i. honorariums for participating in meetings;
ii. advertising items or souvenirs of nominal value; or
iii. meals furnished at banquets.
c. Internal Reporting. A Covered Individual shall report any gift accepted under Section
VI(b)to the COI Point of Contact. If required by regulation of a Federal awarding agency,
the COI Point of Contact shall report such gifts to the Federal awarding agency or a Pass-
Through Entity for which the Unit is a Subrecipient.
VII. Violations of Policy
a. Disciplinary Actions for Covered Individuals. Any Covered Individual that fails to
disclose a real,apparent,or potential real or apparent conflict of interest arising with respect
to the Covered Individual or Related Party may be subject to disciplinary action,including,
but not limited to,an employee's termination or suspension of employment with or without
pay, the consideration or adoption of a resolution of censure of a Public Official by the
Governing Board, or termination of an agent's contract with the Unit.
b. Disciplinary Actions for Contractors and Subcontractors. The Unit shall terminate any
Contract with a Contractor or Subcontractor that violates any provision of this Policy.
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c. Protections for Whistleblowers. In accordance with 41 U.S.C. § 4712, the Unit shall 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:(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 or
other federal agency employee responsible for grant oversight or management; (v) an
authorized official of the Department of Justice or other law enforcement agency; (vi) a
court or grand jury; of (vii) a management official or other employee of the Unit, a
Contractor,or Subcontractor who has the responsibility to investigate,discover,or address
misconduct.
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EXHIBIT A
Examples
Potential Examples of a "Financial or Other Potential Examples of a "Tangible Personal
Interest"in a Firm or Organization Considered Benefit"From a Firm or Organization
or a Contract or Subaward Considered or a Contract or Subaward
Direct or indirect equity interest in a firm or Opportunity to be employed by the firm considered
organization considered for a Contract or for a contract, an affiliate of that firm, or any other
Subaward,which may include: firm with a relationship with the firm considered
- Stock in a corporation. for a Contract.
- Membership interest in a limited liability
company. A position as a director or officer of the firm or
- Partnership interest in a general or limited organization, even if uncompensated.
partnership.
- Any right to control the firm or
organization's affairs. For example, a
controlling equity interest in an entity that
controls or has the right to control a firm
considered for a contract.
- Option to purchase any equity interest in a
firm or organization.
Holder of any debt owed by a firm considered for A referral of business from a firm considered for a
a Contract or Subaward,which may include: Contract or Subaward.
- Secured debt(e.g.,debt backed by an asset
of the firm (like a firm's building or
equipment))
- Unsecured debt (e.g., a promissory note
evidencing a promise to repay a loan).
o Holder of a judgment against the
firm.
Supplier or contractor to a firm or organization Political or social influence (e.g., a promise of
considered for a Contract or Subaward. appointment to an local office or position on a
public board or private board).
A-1
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EXHIBIT B
COMPLIANCE CHECKLIST FOR OVERSIGHT OF CONTRACT CONFLICTS OF INTEREST
Orange County ("Unit") has adopted a Conflict of Interest Policy ("Policy") that governs the Unit's expenditure of Federal Financial
Assistance (as defined in Section II of the Policy). The Policy designates the Chief Financial Officer as the "COI Point of Contact." The Policy
requires the COI Point of Contact to complete this Compliance Checklist to identify potential real or apparent conflicts of interest in connection with
proposed Contracts (as defined in Section II) and file the Checklist in the records of the Unit.
Instructions for Completion
1. The COI Point of Contact shall complete Steps 1 through 5 of the Checklist below.
2. If the value of the proposed Contract exceeds $250,000, the COI Point of Contact shall collect a Conflict of Interest Disclosure Form from
each Covered Individual.
3. If the COI Point of Contact identifies a potential real or apparent conflict of interest after completing this Compliance Checklist,the COI
Point of Contact shall report such potential conflict of interest to the County Manager and to each member of the Governing Board.
Definitions.
1. Covered Individual. Each person identified in Section 1 of this Checklist is a"Covered Individual"for purposes of this Compliance
Checklist and the Policy.
2. Immediate Family Member means,with respect to any Covered Individual, (i) a spouse, and parents thereof, (ii) a child,and parent thereof,
(iii) a parent, and spouse thereof, (iv) a sibling, and spouse thereof, (v) a grandparent and grandchild, and spouses thereof, (vi) domestic
partners and parents thereof, including domestic partners of any individual in (ii) through (v) of this definition; and (vii) any individual
related by blood or affinity whose close association with the Covered Individual is the equivalent of a family relationship.
3. Related Party means (i) an Immediate Family Member of a Covered Individual, (ii) a partner of a Covered Individual, or(iii) a current or
potential employer(other than the Unit) of a Covered Individual, of a partner of a Covered Individual, or of an Immediate Family Member
of a Covered Individual.
B-1
26
Step
1 Identify the proposed Contract, Name of Contract:
counterparty,and the subject of
the Contract.
Name of Counterparty
Subject of Contract:
2 Identify all individuals involved in the selection, award, or administration of the Contract. These individuals are"Covered
Individuals". Ensure that each Covered Individual has been provided with a copy of the Conflict of Interest Policy.
Public Officials Employees Agents
3 Identify whether any Covered Individual has a(i) financial or other interest in, or(ii)tangible personal benefit from the firm
considered for a Contract. [If the estimated Contract amount exceeds $250,000, ensure that each Covered Individual files a
Conflict of Interest Disclosure Form with the COI Point of Contact.]
Any identified Public Officials Employees Agen
interest in Step 3 is
a potential"real'
conflict of interest.
4 Identify whether any Related Party has a(i) financial or other interest in or(ii)tangible personal benefit from the firm
considered from a Contract. If the estimated Contract amount exceeds $250,000, ensure that each Covered Individual files a
Conflict of Interest Disclosure Form with the COI Point of Contact.
Any identified Public Officials—Related Party Employees—Related Party Agents—Related Party
interest in Step 4 is
a potential "real'
conflict of interest.
B-2
27
5 Identify whether a reasonable person with knowledge of the relevant facts would find that an existing situation or
relationship creates the appearance that a Covered Individual or any Related Party has a financial or other interest in or a
tangible personal benefit from a firm considered for a Contract? If yes, explain.
Any identified Public Officials Employees AZents
interest in Step 5 is
a potential
"apparent"conflict
of interest.
COI Point of Contact:
Signature of COI Point of Contact:
Date of Completion:
B-3
28
EXHIBIT C
CONTRACT CONFLICT OF INTEREST DISCLOSURE FORM
FOR OFFICIALS,EMPLOYEES,AND AGENTS
Orange County("Unit")has adopted a Conflict of Interest Policy("Policy")that governs the Unit's
expenditure of Federal Financial Assistance(as defined in Section II of the Policy). The Policy designates
the Chief Financial Officer as the"COI Point of Contact."
The COI Point of Contact has identified you as an official, employee,or agent of the Unit that may
be involved in the selection, award, or administration of the following contract:
(the"Contract"). To safeguard the Unit's expenditure of Federal
Financial Assistance,the COI Point of Contact has requested that you identify any potential real or apparent
conflicts of interest in the Firm considered for the award of a Contract. Using the Exhibit A to the Policy
as a guide,please answer the following questions:
1. Do you have a financial or other interest in a firm considered for this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
2. Will you receive any tangible personal benefit from a firm considered for this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
3. For purposes of Question 3(a) and 3(b), your "Immediate Family Members" include: (i) your spouse
and their parents, (ii) your child, (iii)your parent and any spouse of your parent, (iv)your sibling and
any spouse of your sibling, (v) your grandparents or grandchildren, and the spouses of each, (vi) any
domestic partner of any individual in(ii)through(v) of this definition; and(vii)any individual related
by blood or affinity whose close association with you is the equivalent of a family relationship.
a. Do you have an Immediate Family Member with a financial or other interest in a
firm considered for this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
C-1
29
b. Do you have an Immediate Family Member that will receive a tangible personal
benefit from a firm considered for this Contract?
Yes No Unsure:
4. Do you have any other partner with a financial or other interest in a firm considered for this
Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
5. Will any other partner of yours receive any tangible personal benefit from a firm considered for
this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
6. Does your current or potential employer(other than the Unit)have a financial or other interest in a
firm considered for this Contract or will such current or potential employer receive a tangible
personal benefit from this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
7. Benefits to Employers
a. Does a current or potential employer(other than the Unit)of any of your Immediate Family
Members have a financial or other interest in a firm considered for this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
b. Will a current or potential employer(other than the Unit)of any of your Immediate Family
Members receive a tangible personal benefit from this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
C-2
30
c. Does a current or potential employer (other than the Unit) of any partner of yours have a
financial or other interest in a firm considered for this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
d. Will a current or potential employer(other than the Unit) of any partner of yours receive a
tangible personal benefit from this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
8. Does any existing situation or relationship create the appearance that you have a financial or other
interest in a firm considered for this Contract or will receive a tangible personal benefit from a firm
considered for this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
9. Does any existing situation or relationship create the appearance that any Immediate Family
Member of yours has a financial or other interest in a firm considered for this Contract or will
receive a tangible personal benefit from a firm considered for this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
10. Does any existing situation or relationship create the appearance that your current or potential
employer(other than the Unit)has a financial or other interest in a firm considered for this Contract
or will receive a tangible personal benefit from a firm considered for this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
11. Does any existing situation or relationship create the appearance that any current or potential
employer(other than the Unit) of any of your Immediate Family Members has a financial or other
C-3
31
interest in a firm considered for this Contract or will receive a tangible personal benefit from a firm
considered for this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
12. Does any existing situation or relationship create the appearance that any current or potential
employer (other than the Unit) of any other partner has a financial or other interest in a firm
considered for this Contract or will receive a tangible personal benefit from a firm considered for
this Contract?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
Sign Name:
Print Name:
Name of Employer
Job Title:
Date of Completion:
C-4
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EXHIBIT D
COMPLIANCE CHECKLIST FOR SUBAWARD OVERSIGHT
Orange County ("Unit") has adopted a Conflict of Interest Policy ("Policy") that governs the Unit's expenditure of Federal Financial
Assistance (as defined in Section 11 of the Policy). The Policy designates the Chief Financial Officer as the "COI Point of Contact." The Policy
requires the COI Point of Contact to complete this Compliance Checklist to identify potential real or apparent conflicts of interest in connection with
proposed Subawards(as defined in Section 11) and file the Checklist in the records of the Unit.
Instructions for Completion
1. The COI Point of Contact shall complete Steps 1 through 5 of the Checklist below.
2. If the value of the proposed Subaward exceeds $250,000,the COI Point of Contact shall collect a Conflict of Interest Disclosure Form from
each Covered Individual.
3. If the COI Point of Contact identifies a potential real or apparent conflict of interest after completing this Compliance Checklist,the COI
Point of Contact shall report such potential conflict of interest to the County Manager and to each member of the Governing Board.
Definitions.
1. Covered Individual. Each person identified in Section 1 of this Checklist is a"Covered Individual"for purposes of this Compliance
Checklist and the Policy.
2. Immediate Family Member means,with respect to any Covered Individual, (i) a spouse, and parents thereof, (ii) a child,and parent thereof,
(iii) a parent, and spouse thereof, (iv) a sibling, and spouse thereof, (v) a grandparent and grandchild, and spouses thereof, (vi) domestic
partners and parents thereof, including domestic partners of any individual in (ii) through (v) of this definition; and (vii) any individual
related by blood or affinity whose close association with the Covered Individual is the equivalent of a family relationship.
3. Related Party means (i) an Immediate Family Member of a Covered Individual, (ii) a partner of a Covered Individual, or(iii) a current or
potential employer(other than the Unit) of a Covered Individual, of a partner of a Covered Individual, or of an Immediate Family Member
of a Covered Individual.
D-5
33
Step
1 Identify the proposed Subaward, Name of Contract:
Subrecipient, and the subject of
the Subaward.
Name of Counterparty
Subject of Subaward:
2 Identify all individuals involved in the selection, award, or administration of the Subaward. These individuals are"Covered
Individuals". Ensure that each Covered Individual has been provided with a copy of the Conflict of Interest Policy.
Public Officials Employees A e�nts
3 Identify whether any Covered Individual has a(i) financial or other interest in, or(ii)tangible personal benefit from the firm
considered for a Subaward. [If the estimated Subaward amount exceeds $100,000, ensure that each Covered Individual files
a Conflict of Interest Disclosure Form with the COI Point of Contact.]
Any identified Public Officials Employees Agents
interest in Step 3 is
a potential"real'
conflict of interest.
4 Identify whether any Related Party has a(i) financial or other interest in or(ii)tangible personal benefit from the firm
considered from a Subaward. If the estimated Subaward amount exceeds $100,000, ensure that each Covered Individual
files a Conflict of Interest Disclosure Form with the COI Point of Contact.]
Any identified Public Officials—Related Party Employees—Related Partv A;ents—Related Party
interest in Step 4 is
a potential"real'
conflict of interest.
D-6
34
5 Identify whether a reasonable person with knowledge of the relevant facts would find that an existing situation or
relationship creates the appearance that a Covered Individual or any Related Parry has a financial or other interest in or a
tangible personal benefit from a firm considered for a Subaward? If yes, explain.
Any identified Public Officials Employees A e�nts
interest in Step 5 is
a potential
"apparent" conflict
of interest.
COI Point of Contact:
Signature of COI Point of Contact:
Date of Completion:
D-7
35
EXHIBIT E
SUBAWARD CONFLICT OF INTEREST DISCLOSURE FORM
FOR OFFICIALS,EMPLOYEES,AND AGENTS
Orange County("Unit")has adopted a Conflict of Interest Policy("Policy")that governs the Unit's
expenditure of Federal Financial Assistance(as defined in Section II of the Policy). The Policy designates
the Chief Financial Officeras the COI Point of Contact.
The COI Point of Contact has identified you as an official, employee,or agent of the Unit that may
be involved in the selection, award, or administration of the following subaward:
(the "Subaward'). To safeguard the Unit's expenditure of
Federal Financial Assistance,the COI Point of Contact has requested that you identify any potential real or
apparent conflicts of interest in the Firm considered for the award of a Subaward. Using the Exhibit A to
the Policy as a guide,please answer the following questions:
1. Do you have a financial or other interest in a firm considered for this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
2. Will you receive any tangible personal benefit from a firm considered for this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
3. For purposes of Question 3(a) and 3(b), your "Immediate Family Members" include: (i) your spouse
and their parents, (ii) your child, (iii)your parent and any spouse of your parent, (iv)your sibling and
any spouse of your sibling, (v) your grandparents or grandchildren, and the spouses of each, (vi) any
domestic partner of any individual in(ii)through(v) of this definition; and(vii)any individual related
by blood or affinity whose close association with you is the equivalent of a family relationship.
a. Do you have an Immediate Family Member with a financial or other interest in a
firm considered for this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
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36
b. Do you have an Immediate Family Member that will receive a tangible personal
benefit from a firm considered for this Subaward?
Yes No Unsure:
4. Do you have any other partner with a financial or other interest in a firm considered for this
Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
5. Will any other partner of yours receive any tangible personal benefit from a firm considered for
this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
6. Does your current or potential employer(other than the Unit)have a financial or other interest in a
firm considered for this Subaward or will such current or potential employer receive a tangible
personal benefit from this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
7. Benefits to Employers
a. Does a current or potential employer(other than the Unit)of any of your Immediate Family
Members have a financial or other interest in a firm considered for this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
b. Will a current or potential employer(other than the Unit)of any of your Immediate Family
Members receive a tangible personal benefit from this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
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37
c. Does a current or potential employer(other than the Unit) of any partner of yours have a
financial or other interest in a firm considered for this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
d. Will a current or potential employer(other than the Unit) of any partner of yours receive a
tangible personal benefit from this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
8. Does any existing situation or relationship create the appearance that you have a financial or other
interest in a firm considered for this Subaward or will receive a tangible personal benefit from a
firm considered for this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
9. Does any existing situation or relationship create the appearance that any Immediate Family
Member of yours has a financial or other interest in a firm considered for this Subaward or will
receive a tangible personal benefit from a firm considered for this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
10. Does any existing situation or relationship create the appearance that your current or potential
employer (other than the Unit) has a financial or other interest in a firm considered for this
Subaward or will receive a tangible personal benefit from a firm considered for this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
11. Does any existing situation or relationship create the appearance that any current or potential
employer(other than the Unit) of any of your Immediate Family Members has a financial or other
E-10
38
interest in a firm considered for this Subaward or will receive a tangible personal benefit from a
firm considered for this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
12. Does any existing situation or relationship create the appearance that any current or potential
employer (other than the Unit) of any other partner has a financial or other interest in a firm
considered for this Subaward or will receive a tangible personal benefit from a firm considered for
this Subaward?
Yes No Unsure:
If the answer is Yes or Unsure,please explain:
Sign Name:
Print Name:
Name of Employer
Job Title:
Date of Completion:
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39
Section I: General Government and Administration
Policy 15.0: ARPA and other Federal Funds
Reviewed by: Chief Financial Officer
Approved by: County Manager
Original Effective Date: July 1, 2022
Revisions:
Policy Statement
ARP/CSLFRF funds are subject to the provisions of the federal Uniform Grant
Guidance, 2 CFR Sect. 200 (UG), which requires the adoption of certain policies by
local governments (the "ARPA Policies").
Purpose
To approve the ARPA Policies for applicability in Orange County, North Carolina in
the expenditure of federal funds including ARP funds.
Applicability
The policies approved herein apply to all Orange County Departments in the
expenditure of federal funds, including ARP funds.
ARPA Policies
The following policies, attached hereto, are hereby approved and effective in Orange
County:
15.1 Allowable Costs and Cost Principles Policy
15.2 Conflict of Interest
15.3 Program Income Policy
15.4 Property Policy
15.5 Record Retention Policy
15.6 Subaward Policy
These policies may be reviewed annually and updated as needed by the Manager
and Chief Financial Officer
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ORANGE COUNTY POLICY FOR PROGRAM INCOME RELATED TO THE
EXPENDITURE OF AMERICAN RESCUE PLAN ACT FUNDS
WHEREAS, Orange County has received an allocation of funds from the Coronavirus "State
Fiscal Recovery Fund" or "Coronavirus Local Fiscal Recovery Fund" (together "CSLFRF")
established pursuant to Sections 602 and 603 of the Social Security Act, as added by Section
9901 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 ("ARPA").
WHEREAS, Orange County shall comply with the terms of ARPA, and the U.S. Department of
Treasury's ("Treasury") federal regulations governing the spending of CSLFRF funds, including
the Final Rule, and Treasury's regulations governing expenditures of CSLFRF funds, including the
Award Terms and Conditions, Compliance and Reporting Guidance for the State and Local Fiscal
Recovery Funds (together the "Federal regulations"), and any additional guidance Treasury has
issued or may issue governing the spending of CSLFRF funds.
WHEREAS, Orange County shall comply with the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part § 200 (the "Uniform
Guidance"); and
WHEREAS, Orange County shall account for program income per the requirements set forth in
the Uniform Guidance, including, but not limited to, 2 C.F.R. § 200.307, and as stipulated in
Compliance and Reporting Guidance for the State and Local Recovery Funds, which provides:
"Recipients of CSLFRF funds should calculate, document, and record the organization's program
income. Additional controls that your organization should implement include written policies
that explicitly identify appropriate allocation methods, accounting standards and principles,
compliance monitoring checks for program income calculations, and records."
I. PURPOSE AND SCOPE
Orange County enacts the following procedures for its use of program income earned from the
expenditure of CSLFRF funds to ensure compliance with the Uniform Guidance, including, but
not limited to, 2 C.F.R. § 200.307, the ARP/CSLFRF award, and all applicable Federal regulations
governing the use of program income. Orange County (hereafter "Unit" or "Orange County")
agrees to administer program income according to the requirements set forth in this policy and
as required by the Federal regulations and State law.
The responsibility for following this policy lies with the Chief Financial Officer and Deputy
Financial Services Director, who are charged with the administration and financial oversight of
the ARP/CSLFRF award. Questions on the use and/or reporting of program income should be
directed to the Orange County Attorney.
II. DEFINITIONS
a. ARP/CLSFRF award means the Federal program governing the use of Coronavirus State
and Local Fiscal Recovery Funds as provided in the Assistance Listing and as
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administered by the U.S. Department of Treasury pursuant to the American Rescue Plan
Act of 2021 ("ARPA"), Pub. L. No. 117-2 (Mar. 11, 2021).
b. CSLFRF funds means the portion of Federal financial assistance from the Coronavirus
State Fiscal Recovery Funds and Coronavirus Local Fiscal Recovery Funds (collectively
"CSLFRF") awarded to Orange County pursuant ARPA.
c. Federal award means the Federal financial assistance that a recipient receives directly
from a Federal awarding agency or indirectly from a pass-through entity, as described in
§ 200.101. The Federal award is the instrument setting forth the terms and conditions of
the grant agreement, cooperative agreement, or other agreement for assistance.
d. Federal awarding agency means the Federal agency that provides a Federal award
directly to a non-Federal entity.
e. Federal financial assistance means the assistance that non-Federal entities receive or
administer in the form of grants, cooperative agreements, non-cash contributions,
direct appropriations, food commodities, or other financial assistance, including loans.
f. Federal program means all Federal awards which are assigned a single Assistance
Listings Number.
g. Non-Federal entity means a State, local government, Indian tribe, Institution of Higher
Education (IHE), or nonprofit organization that carries out a Federal award as a recipient
or subrecipient.
h. Period of performance means the total estimated time interval between the start of an
initial Federal award and the planned end date, which may include one or more funded
portions, or budget periods. The period of performance for the ARP/CSLFRF award ends
December 31, 2026.
i. Program income means gross income earned by the non-Federal entity that is directly
generated by a supported activity or earned as a result of the Federal award during the
period of performance except as provided in § § 200.307(f).
III. PROGRAM INCOME OVERVIEW
For purposes of this policy, program income is the gross income earned by Orange County that
is directly generated by a supported activity or earned as a result of the ARP/CSLFRF award
during the period of performance, which closes December 31, 2026. 2 CFR 200.1.
Program income includes, but is not limited to, the following sources of income:
• The collection of fees for services performed.
• Payments for the use or rental of real or personal property.
• The sale of commodities or items fabricated under the Federal award.
• The payment of principal and interest on loans made under the Federal award.
Program income does not include fees or revenue from the following:
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• The use of rebates, credits, discounts, and interest earned on any of them.
• Governmental revenues, such as taxes, special assessments, levies, or fines.
• Proceeds from the sale of real property, equipment, or supplies.
IV. USE OF PROGRAM INCOME
2 C.F.R. § 200.307(e) sets forth three methods for how program income may be used: the
deduction method, the addition method, and the cost sharing/matching method. Treasury has
indicated that program income earned pursuant to expenditures of CSLFRF shall be accounted
for pursuant to the addition method 2 C.F.R. § 200.307(e). Orange County agrees to add
program income to the total award amount and expend it on eligible projects during the period
of performance.
V. REPAYMENT OF PRINCIPAL AND INTEREST ON LOANS MADE WITH
ARP/CSLFRF FUNDS
Treasury has imposed different requirements on loans of CSLFRF funds under the revenue loss
category and loans of CSLFRF under other expenditure categories. Orange County agrees to
appropriately account for the repayment of loaned CSLFRF funds according to the ARP/CSLFRF
award terms, as follows:
(1) Loans made under the revenue loss eligibility category. Loans of CSLFRF funds under
the revenue loss eligibility category may be considered to be expended at the point of
disbursement to the borrower, and repayments on such loans are not subject to
program income requirements. Accordingly, Orange County shall not separately account
for the repayment of principal and interest on loans of CSLFRF under the revenue loss
eligibility category.
(2) Non-revenue loss loans (i.e., loans made under the public health emergency/negative
economic impacts category and/or the necessary water, sewer, and broadband
infrastructure category)
a. Loans that mature or are forgiven on or before December 31, 2026: Orange
County shall add the repayment of principal and interest (program income)to the
ARP/CSLFRF award pursuant to 2 C.F.R. 200.317(e)(2). When the loan is made,
Orange County shall report the principal of the loan as an expense. Orange
County shall expend the repayment of principal only on eligible uses and is
subject to restrictions on the timing of the use of ARP/CSLFRF funds pursuant to
the ARP/CSLFRF award.
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b. Loans with maturities longer than December 31, 2026: Orange County is not
required to separately account for the repayment of principal and interest on
loans of CSLFRF with maturities after the ARP/CSLFRF award's period of
performance. Orange County shall expend ARP/CSLFRF funds for only the projected
cost of the loan. Orange County shall project the cost of the loan by estimating the
subsidy cost according to one of the calculation methods outlined in Treasury's Final
Rule FAQs, question 4.9 (updated 4/27/22).
(3) Contributions to revolving loan funds: Orange County may contribute funds to a
revolving loan fund if the loaned SLFRF funds are restricted to financing eligible uses.
The amount of CSLFRF funds contributed to a revolving loan fund must be limited to the
projected cost of loans made over the life of the revolving loan fund, following the
approach described above for loans with maturities longer than December 31, 2026.
a. Any contribution of CSLFRF revenue loss funds to a revolving loan fund shall
follow the approach of loans funded under the revenue loss eligible use category
outlined in Section V, paragraph 1.
VI. ALLOCATION OF PROGRAM INCOME
Orange County shall only expend program income on costs that are reasonable, allocable, and
allowable under the terms of the ARP/CSLFRF award. To adhere to these requirements, Orange
County shall comply with the cost principles included in 2 C.F.R. § 200, as outlined in Orange
County's Allowable Costs Plicy. Orange County shall allocate program income to the
ARP/CSLFRF award in proportion to the pro rata share of the total funding (e.g., if CSLFRF funds
cover half of a project's cost, with general revenue covering the other half, the Unit shall
allocate 50% of any program income earned to the ARP/CSLFRF award and account for its use
pursuant to § 200.307).
VII. ADDITIONAL PROGRAM INCOME REQUIREMENTS
(a) Identifying, Documenting, Reporting, and Tracking.To ensure compliance with the
requirements of program income as outlined by the Federal regulations, the terms and
conditions of the ASP/CSLFRF award, and the requirements set forth herein, each
department shall identify potential sources of program income and properly report the
program income for the period in which it was earned and dispersed.
Program income shall be accounted for separately. Orange County shall not comingle
program income earned from programs supported by ARP/CSLFRF funds with the
general award of ARP/CSLFRF funds Orange County received from Treasury. Any costs
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associated with generating program income revenue shall be charged as expenditures
to the ARP/CSLFRF award.
(b) Program Income Earned After the Period of Performance. Orange County shall have no
obligation to report program income earned after the period of performance (December
31, 2026). However, Orange County shall report program income expended after the
period of performance if that program income was earned on or before December 31,
2026.
(c) Subawards. Orange County agrees to ensure that any subrecipient of ARP/CSLFRF funds
abides by the award of the terms and conditions of this policy and is aware that the
subrecipient is responsible for accounting for and reporting program income to Orange
County on a regular basis (i.e. quarterly, annual, or other) as designated in the
agreement with the subrecipient.
(d) Compliance with State law. Program income shall not be expended for purposes
prohibited under State or local law.
(e) Subject to Audit. Orange County recognizes that its use of program income may be
audited and reviewed for compliance with Federal laws and regulations, State law, and
the terms of the ARP/CSLFRF award.
VIII. IMPLEMENTATION OF POLICY
The Chief Financial Officer will adopt procedures to identify potential program income during
the project eligibility and allowable cost review, document actual program income, and follow
the requirements in this policy related to the treatment of program income.
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ORANGE COUNTY PROPERTY POLICY RELATED TO THE EXPENDITURE OF AMERICAN RESCUE
PLAN ACT FUNDS
WHEREAS Orange County (hereinafter "County"), has received an allocation of funds from the
Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of
2021 (ARP/CSLFRF); and
WHEREAS the funds may be used for projects within these categories, to the extent authorized
by state law.
1. Support COVID-19 public health expenditures, by funding COVID-19 mitigation and
prevention efforts, medical expenses, behavioral healthcare, preventing and
responding to violence, and certain public health and safety staff;
2. Address negative economic impacts caused by the public health emergency, including
economic harms to households, small businesses, non-profits, impacted industries,
and the public sector;
3. Replace lost public sector revenue, using this funding to provide government services
to the extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who
have borne and will bear the greatest health risks because of their service in critical
infrastructure sectors; and,
5. Invest in water, sewer, and broadband infrastructure, making necessary investments
to improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet; and
WHEREAS the ARP/CSLFRF are subject to the provisions of the federal Uniform Grant Guidance,
2 CFR Sect. 200 (UG), as provided in the Assistance Listing; and
WHEREAS the Compliance and Reporting Guidance for the State and Local Fiscal Recovery
Funds (0.0 February 2022) provides, in relevant part:
Equipment and Real Property Management. Any purchase of equipment or real
property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part
200, Subpart D. Equipment and real property acquired under this program must be used
for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313,
any equipment or real property acquired using SLFRF funds shall vest in the non-Federal
entity. Any acquisition and maintenance of equipment or real property must also be in
compliance with relevant laws and regulations.
WHEREAS Subpart D of the UG dictates title, use, management, and disposal of real property,
equipment, and supplies acquired in whole or in part with ARP/CSLFRF funds.
I. POLICY OVERVIEW
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Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, commonly called Uniform Guidance
(UG), specifically Subpart D, details post award requirements related to property management
of property acquired or updated, in whole or in part, with funds from the Coronavirus State and
Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF).
2 CFR 200.311 through 2 CFR 200.316 detail property standards related to the expenditure of
ARP/CLSFRF funds. Orange County shall adhere to all applicable property standards, as detailed
below.
II. DEFINITIONS
The definitions in 2 CFR 200.1 apply to this policy, including the following:
Computing devices: machines used to acquire, store, analyze, process, and publish data
and other information electronically, including accessories (or "peripherals") for
printing, transmitting and receiving, or storing electronic information. See also the
definitions of supplies and information technology systems in this section.
Equipment: tangible personal property (including information technology systems)
having a useful life of more than one year and a per-unit acquisition cost which equals
or exceeds the lesser of the capitalization level established by the County for financial
statement purposes, or$5,000.
Information technology systems: computing devices, ancillary equipment, software,
firmware, and similar procedures, services (including support services), and related
resources. See also the definitions of computing devices and equipment in this section.
Intangible property: property having no physical existence, such as trademarks,
copyrights, patents and patent applications and property, such as loans, notes and other
debt instruments, lease agreements, stock and other instruments of property ownership
(whether the property is tangible or intangible).
Personal property: property other than real property. It may be tangible, having
physical existence, or intangible.
Property: real property or personal property.
Real property: land, including land improvements, structures and appurtenances
thereto, but excludes moveable machinery and equipment.
Supplies: all tangible personal property other than those described in the definition
of equipment in this section. A computing device is a supply if the acquisition cost is less
than the lesser of the capitalization level established by the local government for
47
financial statement purposes or$5,000, regardless of the length of its useful life. See
also the definitions of computing devices and equipment in this section.
III. REAL PROPERTY
Title to Real Property:Title to real property acquired or improved with ARP/CSLFRF funds vests
with the County. 2 CFR 200.311(a).
Use of Real Property: Real property acquired or improved with ARP/CSLFRF funds must be used
for the originally authorized purpose as long as needed for that purpose, during which time the
County must not dispose of or encumber its title or other interests. 2 CFR 200.311(b).
Insurance of Real Property:The County must provide the equivalent insurance coverage for
real property acquired or improved with ARP/CSLFRF funds as provided to property owned by
the County. 2 CFR 200.310.
Disposition of Real Property: When the County no longer needs real property purchased with
ARP/CSLFRF for ARP/CSLFRF purposes, the County must obtain disposition instructions from US
Treasury. The instructions must provide for one of the following alternatives:
1. The County retains title after compensating US Treasury. The amount paid to US
Treasury will be computed by applying US Treasury's percentage of participation in the
cost of the original purchase (and costs of any improvements) to the fair market value of
the property. However, in those situations where the County is disposing of real
property acquired or improved with ARP/CSLFRF funds and acquiring replacement real
property under the ARP/CSLFRF, the net proceeds from the disposition may be used as
an offset to the cost of the replacement property.
2. The County sells the property and compensates US Treasury. The amount due to US
Treasury will be calculated by applying US Treasury's percentage of participation in the
cost of the original purchase (and cost of any improvements) to the proceeds of the sale
after deduction of any actual and reasonable selling and fixing-up expenses. If the
ARP/CSLFRF award has not been closed out, the net proceeds from sale may be offset
against the original cost of the property. When the County is directed to sell property,
sales procedures must be followed that provide for competition to the extent
practicable and result in the highest possible return.
3. The County transfers title to US Treasury or to a third party designated/approved by US
Treasury. The County is entitled to be paid an amount calculated by applying the
County's percentage of participation in the purchase of the real property (and cost of
any improvements) to the current fair market value of the property. 2 CFR 200.311(c).
IV. EQUIPMENT
Title to Equipment: Title to equipment acquired or improved with ARP/CSLFRF funds vests with
the County. 2 CFR 200.313(a).
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Use of Equipment:The County must use equipment acquired with ARP/CSLFRF funds for the
project for which it was acquired as long as needed, whether or not the project continues to be
supported by the ARP/CSLFRF award, and the County must not encumber the property without
prior approval of US Treasury. 2 CFR 200.313(a)(1)-(2).
When no longer needed for the original project, the equipment may be used in other activities
supported by a Federal awarding agency, in the following order of priority:
1. Activities under a Federal award from the Federal awarding agency which funded
the original project, then
2. Activities under Federal awards from other Federal awarding agencies. This includes
consolidated equipment for information technology systems. 2 CFR 200.313(c)(1).
During the time that equipment is used on the project for which it was acquired, the County
must also make equipment available for use on other projects or programs currently or
previously supported by the Federal Government, provided that such use will not interfere with
the work on the project for which it was originally acquired. First preference for other use must
be given to other programs or projects supported by US Treasury and second preference must
be given to programs or projects under Federal awards from other Federal awarding agencies.
Use for non-federally-funded programs or projects is also permissible. User fees should be
considered if appropriate. 2 CFR 200.313(c)(2).
Noncompetition: The County must not use equipment acquired with the ARP/CSLFRF funds to
provide services for a fee that is less than private companies charge for equivalent services
unless specifically authorized by Federal statute for as long as the Federal Government retains
an interest in the equipment. 2 CFR 200.313(c)(3).
Replacement Equipment: When acquiring replacement equipment, the County may use the
equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the
cost of the replacement property. 2 CFR 200.313(c)(4).
Management of Equipment:The County will manage equipment (including replacement
equipment) acquired in whole or in part with ARP/CSLFRF funds according to the following
requirements.
1. The County will maintain sufficient records that include
a) a description of the property,
b) a serial number or other identification number,
c) the source of funding for the property (including the Federal Award Identification
Number (FAIN)),
d) who holds title,
e) the acquisition date,
f) cost of the property,
g) percentage of Federal participation in the project costs for the Federal award under
which the property was acquired,
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h) the location, use and condition of the property, and
i) any ultimate disposition data including the date of disposal and sale price of the
property.
2. The County will conduct a physical inventory of the property and reconcile results with
its property records at least once every two years.
3. The County will develop a control system to ensure adequate safeguards to prevent
loss, damage, or theft of the property. Any loss, damage, or theft will be investigated by
the County.
4. The County will develop and implement adequate maintenance procedures to keep the
property in good condition.
5. If the County is authorized or required to sell the property, it will establish proper sales
procedures to ensure the highest possible return, in accordance with state and federal
law.
Insurance of Equipment: The County must provide the equivalent insurance coverage for
equipment acquired or improved with ARP/CSLFRF funds as provided to property owned by the
County. 2 CFR 200.310.
Disposition of Equipment: When the equipment is no longer needed for its original ARP/CSLFRF
purpose, the County may either make the equipment available for use in other activities funded
by a Federal agency, with priority given to activities funded by US Treasury, dispose of the
equipment according to instructions from US Treasury, or follow the procedures below. 2 CFR
200.313(e).
1. Equipment with a per-item fair market value of less than $5,000 may be retained, sold
or transferred by the County, in accordance with state law, with no additional
responsibility to US Treasury;
2. If no disposal instructions are received from US Treasury, equipment with a per-item fair
market value of greater than $5,000 may be retained or sold by the County. The County
must establish proper sales procedures, in accordance with state law, to ensure the
highest possible return. The County must reimburse US Treasury for its federal share.
Specifically, US Treasury is entitled to an amount calculated by multiplying the current
market value or proceeds from sale by the ARP/CSLFRF funding percentage of
participation in the cost of the original purchase. If the equipment is sold, US Treasury
may permit the County to deduct and retain from the Federal share $500 or ten percent
of the proceeds, whichever is less, for its selling and handling expenses.
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3. Equipment may be transferred to US Treasury or to a third-party designated by US
Treasury in return for compensation to the County for its attributable compensation for
its attributable percentage of the current fair market value of the property.
V. SUPPLIES
Title to Supplies. Title to supplies acquired with ARP/CSLFRF funds vests with the County upon
acquisition. 2 CFR 200.314(a).
Use and Disposition of Supplies: If there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the ARP/CSLFRF project and
the supplies are not needed for any other Federal award, the County must retain the supplies
for use on other activities or sell them, but must, in either case, compensate the Federal
Government for its share. The amount of compensation must be computed in the same manner
as for equipment. 2 CFR 200.314(a).
Noncompetition. As long as the Federal Government retains an interest in the supplies, the
County must not use supplies acquired under the ARP/CSLFRF to provide services to other
organizations for a fee that is less than private companies charge for equivalent services, unless
specifically authorized by Federal statute. 2 CFR 200.314(b),
VI. PROPERTY TRUST RELATIONSHIP
Real property, equipment, and intangible property, that are acquired or improved with
ARP/CSLFRF funds must be held in trust by the County as trustee for the beneficiaries of the
project or program under which the property was acquired or improved. US Treasury may
require the County to record liens or other appropriate notices of record to indicate that
personal or real property has been acquired or improved with a Federal award and that use and
disposition conditions apply to the property. 2 CFR 200.316.
VII. IMPLEMENTATION OF POLICY
The Chief Financial Officer shall adopt procedures to track all real property, equipment, and
supplies (collectively, property) acquired or improved in whole or in part with ARP/CLSFRF
funds. At a minimum, those procedures must address the following:
• Ensure proper insurance of property
• Document proper use of property
• Record and maintain required data records for equipment
• Conduct periodic inventories of equipment, at least every two years
• Create processes for replacement and disposition of property
• Establish other internal controls to safeguard and properly maintain property
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Record Retention Policy: Documents Created or Maintained Pursuant to the
ARP/CSLFRF Award
Retention of Records: The Coronavirus Local Fiscal Recovery Funds ("CSLFRF") Award
Terms and Conditions and the Compliance and Reporting Guidance set forth the U.S.
Department of Treasury's ("Treasury") record retention requirements for the ARP/CSLFRF
award.
It is the policy of Orange County to follow Treasury's record retention requirements as it
expends CSLFRF pursuant to the APR/CSLFRF award. Accordingly, Orange County agrees to
the following:
• Retain all financial and programmatic records related to the use and expenditure of
CSLFRF pursuant to the ARP/CSLFRF award for a period of five (5) years after all
CLFRF funds have been expended or returned to Treasury,whichever is later.
• Retain records for real property and equipment acquired with CSLFRF for five years
after final disposition.
• Ensure that the financial and programmatic records retained sufficiently evidence
compliance with section 603(c) of the Social Security Act"ARPA," Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
• Allow the Treasury Office of Inspector General and the Government Accountability
Office, or their authorized representatives,the right of timely and unrestricted access to
any records for the purpose of audits or other investigations.
• If any litigation, claim, or audit is started before the expiration of the 5-year period, the
records will be retained until all litigation, claims, or audit findings involving the records
have been resolved.
Covered Records: For purposes of this policy, records are information, regardless of physical
form or characteristics, that are created, received, or retained that evidence Orange County's
expenditure of CSLFRF funds on eligible projects, programs, or activities pursuant to the
ARP/CSLFRF award.
Records that shall be retained pursuant to this policy include, but are not limited to, the
following:
• Financial statements and accounting records evidencing expenditures of CSLFRF for
eligible projects,programs, or activities.
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• Documentation of rational to support a particular expenditure of CSLFRF (e.g.,
expenditure constitutes a general government service);
• Documentation of administrative costs charged to the ARP/CSLFRF award;
• Procurement documents evidencing the significant history of a procurement, including, at
a minimum, the rationale for the method of procurement, selection of contract type,
contractor selection or rejection, and the basis for contract cost or price;
• Subaward agreements and documentation of subrecipient monitoring;
• Documentation evidencing compliance with the Uniform Guidance property management
standards set forth in 2 C.F.R. §§ 200.310-316 and 200.329;
• Personnel and payroll records for full-time and part-time employees compensated with
CSLFRF, including time and effort reports; and
• Indirect cost rate proposals
Storage: Orange County's records must be stored in a safe, secure, and accessible manner.
Wherever practicable, such records should be collected, transmitted, and stored in open and
machine-readable formats.
Departmental Responsibilities: Any department or unit of Orange County, and its employees,
who are responsible for creating or maintaining the covered documents in this policy shall
comply with the terms of this policy. Failure to do so may subject Orange County to civil and/or
criminal liability. Any employee who fails to comply with the record retention requirements set
forth herein may be subject to disciplinary sanctions, including suspension or termination.
The Chief Financial Officer is responsible for identifying the documents that Orange County
must or should retain and arrange for the proper storage and retrieval of records. The Chief
Financial Officer shall also ensure that all personnel subject to the terms of this policy are aware
of the record retention requirements set forth herein.
Reporting Policy Violations: Orange County is committed to enforcing this policy as it applies
to all forms of records. Any employee that suspects the terms of this policy have been violated
shall report the incident immediately to that employee's supervisor. If an employee is not
comfortable bringing the matter up with the supervisor, the employee may bring the matter to the
attention of the Chief Financial Officer. Orange County prohibits, any form of discipline,
reprisal, intimidation, or retaliation for reporting incidents of inappropriate conduct of any kind,
pursuing any record destruction claim, or cooperating in related investigations.
Questions About the Policy: Any questions about this policy should be referred to the Chief
Financial Officer,who is in charge of administering, enforcing, and updating this policy.
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ORANGE COUNTY SUBAWARD POLICY FOR EXPENDITURE OF AMERICAN RESCUE
PLAN ACT FUNDS
WHEREAS Orange County, has received an allocation of funds from the Coronavirus State and Local
Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF); and
WHEREAS the funds may be used for projects within these categories,to the extent authorized by state
law.
1. Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses,
behavioral healthcare, and certain public health and safety staff;
2. Address negative economic impacts caused by the public health emergency, including economic
harms to workers, households, small businesses, impacted industries, and the public sector;
3. Replace lost public sector revenue, using this funding to provide government services to the
extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who have borne
and will bear the greatest health risks because of their service in critical infrastructure sectors;
and,
5. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve
access to clean drinking water, support vital wastewater and stormwater infrastructure, and to
expand access to broadband internet; and
WHEREAS the ARP/CSLFRF are subject to the provisions of the Federal Uniform Grant Guidance, 2 CFR
Part 200 (UG), as provided in the Assistance Listing (21.027); and
WHEREAS the ARP/CSLFRF authorizes Orange County to enter subaward agreements with subrecipients
to assist Orange County to carry out the terms of the ARP/CSLFRF; and
WHEREAS if Orange County enters into a subaward as a subrecipient, it acts as a pass-through entity, as
described in 2 CFR 200.1; and
WHEREAS the Compliance and Reporting Guidance for the State and Local Fiscal Recovery Funds (v.3.0
February 2022) provides, in relevant part:
Subrecipient Monitoring. SLFRF recipients that are pass-through entities as described under 2
CFR 200.1 are required to manage and monitor their subrecipients to ensure compliance with
requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding requirements for pass-
through entities.
First, your organization must clearly identify to the subrecipient: (1)that the award is a
subaward of SLFRF funds; (2) any and all compliance requirements for use of SLFRF funds; and
(3) any and all reporting requirements for expenditures of SLFRF funds.
Next, your organization will need to evaluate each subrecipient's risk of noncompliance based
on a set of common factors.These risk assessments may include factors such as prior experience
in managing Federal funds, previous audits, personnel, and policies or procedures for award
execution and oversight. Ongoing monitoring of any given subrecipient should reflect its
assessed risk and include monitoring, identification of deficiencies, and follow-up to ensure
appropriate remediation.
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Accordingly,your organization should develop written policies and procedures for subrecipient
monitoring and risk assessment and maintain records of all award agreements identifying or
otherwise documenting subrecipients' compliance obligations.
Recipients should note that non-entitlement units of local government (NEUs) are not
subrecipients under the SLFRF program.They are SLFRF recipients that will report directly to
Treasury.
Recipients should also note that subrecipients do not include individuals and organizations that
received SLFRF funds as end users to respond to the negative economic impacts of COVID-19 on
these organizations. Such individuals and organizations are beneficiaries and not subject to audit
pursuant to the Single Audit Act and 2 C.F.R. Part 200, Subpart F.
Separately or in addition, many recipients may choose to provide a subaward (e.g.,via contract
or grant)to other entities to provide services to other end—users. For example, a recipient may
provide a grant to a nonprofit to provide homeless services to individuals experiencing
homelessness. In this case,the subaward to a nonprofit is based on the services that the
Recipient intends to provide, assistance to households experiencing homelessness, and the
nonprofit is serving as the subrecipient, providing services on behalf of the recipient.
Subrecipients are subject to audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F
regarding audit requirements; and
WHEREAS Subpart D of the UG dictates subrecipient and award requirements for expenditure of
[ARP/CSLFRF] funds; and
WHEREAS 2 CFR 200.332 states that:
All pass-through entities must:
(a) Ensure that every subaward is clearly identified to the subrecipient as a subaward
and includes the [required] information at the time of the subaward . . . When
some of[the required information] is not available,the pass-through entity must
provide the best information available to describe the Federal award and
subaward.
(b) Evaluate each subrecipient's risk of noncompliance with Federal statues,
regulations, and the terms and conditions of the subaward for purposes of
determining the appropriate subrecipient monitoring.
(c) Consider imposing specific subaward conditions upon a subrecipient if
appropriate as described by 2 CFR 200.208.
(d) Monitor the activities of the subrecipient as necessary to ensure that the
subaward is used for authorized purposes, in compliance with Federal statues,
regulations, and the terms and conditions of the subaward; and that subaward
performance goals are achieved.
(e) Depending upon the pass-through entity's assessment of risk posed by the
subrecipient, [specific] monitoring tools may be useful forthe pass-through entity
to ensure proper accountability and compliance with program requirements an
achievement of performance goals.
(f) Verify that every subrecipient is audited as required by [2 CFR 200, Subpart F]
when it is expected that the subrecipient's Federal awards expended during the
respective fiscal year equaled or exceeded the threshold set forth in 2 CFR
200.501.
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(g) Consider whether the results of the subrecipient's audits, on-site reviews, or
other monitoring indicate conditions that necessitate adjustments to the pass-
through entity's own records.
(h) Consider taking enforcement action against noncompliant subrecipients as
described in 2 CFR 200.339 and in program regulations.
I. POLICY OVERVIEW
Title 2 U.S. Code of Federal Regulations Part 200, (2 CFR 200) Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, commonly called Uniform Guidance (UG),
specifically Subpart D, defines requirements of pass-through entities initiating subaward agreements
with Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021
(ARP/CSLFRF). Orange County(hereinafter the "County") shall adhere to all applicable subaward and
monitoring requirements governing the use of ARP/CSLFRF.This policy establishes procedures for
classifying, making an award to, and monitoring a sub-recipient consistent with ARP/CSLFRF grant award
terms and all applicable federal regulations in the UG.
Responsibility for following these guidelines lies with the Chief Financial Officer and designee, who are
charged with the administration and financial oversight of the [ARP/CSLFRF].
II. DEFINITIONS
The definitions in 2 CFR 200.1 apply to this policy, including the following:
Contract: for the purpose of Federal financial assistance, a legal instrument by which a recipient or
subrecipient purchases property or services needed to carry out the project or program under a
Federal award. For additional information on subrecipient and contractor determinations, see §
200.331. See also the definition of subaward in this section.
Contractor: an entity that receives a contract as defined in this section.
Pass-through Entity: a non-Federal entity that provides a subaward to a subrecipient to carry out
part of a Federal program. When funds are awarded to a subrecipient the County is the Pass-
through Entity
Recipient: an entity, usually but not limited to non-Federal entities that receives a Federal award
directly from a Federal awarding agency.The term recipient does not include subrecipients or
individuals that are beneficiaries of the award.
Subaward: an award provided by a pass-through entity to a subrecipient for the subrecipient to
carry out part of a Federal award received by the pass-through entity. It does not include payments
to a contractor or payments to an individual that is a beneficiary of a Federal program.A subaward
may be provided through any form of legal agreement, including an agreement that the pass-
through entity considers a contract.
Subrecipient: an entity, usually but not limited to non-Federal entities,that receives a subaward
from a pass-through entity to carry out part of a Federal award; but does not include an individual
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that is a beneficiary of such award.A subrecipient may also be a recipient of other Federal awards
directly from a Federal awarding agency.
III. SUBRECIPIENT CLASSIFICATION
The County must make a case-by-case determination whether an agreement with another government
entity or private entity,that is not a beneficiary, casts the party receiving the funds in the role of a
subrecipient or contractor. 2 CFR 200.331.
A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal
assistance relationship with the subrecipient. Characteristics which support the classification of the non-
Federal entity as a subrecipient include when the non-Federal entity:
(1) Determines who is eligible to receive what Federal assistance;
(2) Has its performance measured in relation to whether objectives of a Federal program were
met;
(3) Has responsibility for programmatic decision-making;
(4) Is responsible for adherence to applicable Federal program requirements specified in the
Federal award; and
(5) In accordance with its agreement, uses the Federal funds to carry out a program for a public
purpose specified in authorizing statute, as opposed to providing goods or services for the
benefit of the pass-through entity.
A contract is for the purpose of obtaining goods and services for the non-Federal entity's own use and
creates a procurement relationship with the contractor. Characteristics indicative of a procurement
relationship between the non-Federal entity and a contractor are when the contractor:
(1) Provides the goods and services within normal business operations;
(2) Provides similar goods or services to many different purchasers;
(3) Normally operates in a competitive environment;
(4) Provides goods or services that are ancillary to the operation of the Federal program; and
(5) Is not subject to compliance requirements of the Federal program as a result of the
agreement,though similar requirements may apply for other reasons.
In determining whether an agreement between a pass-through entity and another non-Federal entity
casts the latter as a subrecipient or a contractor,the substance of the relationship is more important
than the form of the agreement. All of the characteristics listed above may not be present in all cases,
and the pass-through entity must use judgment in classifying each agreement as a subaward or a
procurement contract.
The County will use the above criteria to determine if an agreement involving the expenditure of
ARP/CSLFRF is a contract or subaward.The Chief Financial Officer will document the determination in
the Subrecipient or Contractor Classification Checklist in Appendix 1. (Appendix 1: Subrecipient or
Contractor Classification Checklist.)
If the agreement involves a contractor relationship (including a contract for services),the County must
follow its UG Procurement Policy when entering into a contract.
If the agreement involves a subrecipient relationship, the County must proceed to Sections IV.through
VII. below.
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IV. ASSESSMENT OF RISK
Before engaging in a subaward,the County must evaluate a subrecipient's risk of noncompliance with
Federal statutes, regulations, and the terms and conditions of the subaward to determine whether to
award the subaward and the appropriate subrecipient monitoring.
The Chief Financial Officer will conduct the risk assessment, which will include consideration of the
following factors:
(1)The subrecipient's prior experience with the same or similar subawards;
(2)The results of previous audits including whether or not the subrecipient receives a Single
Audit in accordance with 2 CFR 200 Subpart F and the extent to which the same or similar
subaward has been audited as a major program;
(3)Whether the subrecipient has new personnel or new or substantially changed systems; and
(4)The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also
receives Federal awards directly from a Federal awarding agency). 2 CFR 200.332(b).
The results of the risk assessment must be documented in the Subrecipient Assessment of Risk form in
Appendix 2 and will be used to dictate the types and degree of subrecipient monitoring. (Appendix 2:
Subrecipient Assessment of Risk)The County will assign an overall risk level to the subrecipient
indicating the following:
Low Risk Moderate Risk High Risk
There is a low risk that the There is moderate risk that the There is high risk that the
subrecipient will fail to meet subrecipient will fail to meet subrecipient will fail to meet
project or programmatic project or programmatic project or programmatic
objectives or incur significant objectives or incur significant objectives or incur significant
deficiencies in financial, deficiencies in financial, deficiencies in financial,
regulatory, reporting, or other regulatory, reporting, or other regulatory, reporting, or other
compliance requirements. compliance requirements. compliance requirements.
If a proposed subrecipient is deemed high risk,the Chief Financial Officer must provide written
justification to proceed with the subaward.The justification must be approved by the Orange County
Attorney.
V. SUBRECIPIENT MONITORING
The County will develop and implement a subrecipient monitoring plan for the particular subaward
based on the findings of the Subrecipient Assessment of Risk.According to 2 CFR 200.332(d), the
monitoring plan must involve:
(1) Reviewing financial and performance reports required by the pass-through entity.
(2) Following-up and ensuring that the subrecipient takes timely and appropriate action on all
deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through
entity detected through audits, on-site reviews, and written confirmation from the subrecipient,
highlighting the status of actions planned or taken to address Single Audit findings related to the
particular subaward.
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(3) Issuing a management decision for applicable audit findings pertaining only to the Federal
award provided to the subrecipient from the pass-through entity as required by 2 CFR 200.521.
(4)The pass-through entity is responsible for resolving audit findings specifically related to the
subaward and not responsible for resolving crosscutting findings. If a subrecipient has a current
Single Audit report posted in the Federal Audit Clearinghouse and has not otherwise been
excluded from receipt of Federal funding(e.g., has been debarred or suspended),the pass-
through entity may rely on the subrecipient's cognizant audit agency or cognizant oversight
agency to perform audit follow-up and make management decisions related to cross-cutting
findings in accordance with section 2 CFR 200.513(a)(3)(vii). Such reliance does not eliminate the
responsibility of the pass-through entity to issue subawards that conform to agency and award-
specific requirements,to manage risk through ongoing subaward monitoring, and to monitor
the status of the findings that are specifically related to the subaward.
The County's monitoring plan will vary based on the overall subrecipient risk assessment as low risk,
medium risk, or high risk, detailed as follows:
Subrecipient Deemed Low Risk Subrecipient Deemed Medium Subrecipient Deemed High Risk
Risk
• Payment validations • More detailed financial • More detailed financial
(monthly) reporting reporting
• Report reviews (quarterly) • Payment validations • Compliance training (one-
Desk reviews (at least once (monthly) time)
per year and more • Report reviews (bi-monthly) • Prior approvals for certain
frequently if requested by • Desk reviews (within 6 expenditures
County or subrecipient) months of project start and • Payment validations
• Onsite reviews (upon every six months (monthly)
request of County or thereafter) • Report reviews (monthly)
subrecipient) • Onsite reviews (within 12 • Desk reviews (within 3
• Audit review (yearly) months of project start and months of project start and
annually thereafter, or at least quarterly
more frequently as thereafter)
requested by County or . Onsite reviews (within 6
subrecipient) months of project start and
• Audit review (yearly) bi-annually thereafter, or
• Procedures engagement (if more frequently as
subrecipient not subject to requested by County or
Single Audit Act; yearly) subrecipient)
• Audit review(yearly)
• Procedures engagement(if
subrecipient not subject to
Single Audit Act; yearly)
Payment validation:All subrecipient documentation for project expenditures must be reviewed
by the County for compliance with subaward requirements. Any non-compliant expenditures
will be denied and the subrecipient will be provided a reasonable description of the reason for
denial and an opportunity to cure the deficiency. For a subrecipient on a reimbursement-based
payment structure,the validation will occur before a reimbursement payment is approved. For a
subrecipient that received an up-front payment, any funds found to have been expended in
violation of the subaward requirements must be repaid to the County.
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Report review: A subrecipient must submit quarterly financial and performance reports, based
on the schedule set forth in the subaward.The nature and scope of the reports will depend on
the project and be spelled out in the subaward.The reports will be reviewed by the Chief
Financial Officer.Any deficiencies or other performance concerns will be addressed with the
subrecipient in a timely manner and could trigger additional monitoring requirements or other
interventions, as specified in the subaward.
Desk review:The County will conduct a meeting to review the subrecipient's award
administration capacity and financial management.The meeting may be held virtually or in
person. Topics covered will depend on project scope and subrecipient risk assessment and may
include governance, budgeting, accounting, internal controls, conflict of interest, personnel,
procurement, inventory, and record keeping.The County will produce a report which
summarizes the results and any corrective actions if deemed necessary.The report will be
shared in a timely manner with the subrecipient.
Onsite review:The County will conduct an on-site meeting at the subrecipient's location to
review the subrecipient's project performance and compliance.Topics covered will depend on
project scope and subrecipient risk assessment and may include project procurement, data
systems, activity and performance tracking, project reporting, inventory, and software systems.
The County will produce a report which summarizes the results and any corrective actions
deemed necessary.The report will be shared in a timely manner with the subrecipient.
Audit review:The County must verify that every subrecipient is audited as required by 2 CFR
200 Subpart F (Single Audit) when it is expected that the subrecipient's Federal awards
expended during the respective fiscal year equaled or exceeded the threshold set forth in 2
CFR 200.501.The County must obtain a copy of the subrecipient's Single Audit from the Federal
Audit Clearinghouse (FAC). Within six months of the acceptance of the audit report by the FAC,
the County will issue a management decision for any audit findings related to the subaward.The
decision will clearly state whether or not the audit finding is sustained, the reasons for the
decision, and the expected auditee action to repay disallowed costs, make financial
adjustments, or take other action. (The decision will include reference numbers the auditor
assigned to each finding.)The decision will provide a timetable for responsive actions by the
subrecipient. Prior to issuing the management decision,the County may request additional
information or documentation from the auditee, including a request for auditor assurance
related to the documentation, as a way of mitigating disallowed costs.
Procedures engagement: Applicable only to subrecipients who are not subject to the Single
Audit Act.An auditor will perform specific procedures and report on findings.The scope must be
limited to the following compliance requirements: activities allowed or unallowed; allowable
costs/cost principles; eligibility; and reporting.The review will be arranged and paid for by the
County.The County will verify completion of the procedures engagement. Within six months of
the acceptance of the procedures engagement report,the County will issue a management
decision for any findings related to the subaward.The decision will provide a timetable for
responsive actions by the subrecipient. Prior to issuing the management decision, the County
may request additional information or documentation from the subrecipient, including a
request for auditor assurance related to the documentation, as a way of mitigating disallowed
costs.
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The specific monitoring plan for each subrecipient, including the type and frequency of reviews, will be
detailed in the subaward agreement. For all requirements beyond those listed under the Low Risk
category above,the County will notify the subrecipient of the following in the subaward:
(1)The nature of the additional requirements;
(2)The reason why the additional requirements are being imposed;
(3)The nature of the action needed to remove the additional requirement, if applicable;
(4)The time allowed for completing the actions if applicable; and
(5)The method for requesting reconsideration of the additional requirements imposed.
To implement the monitoring plan, the Chief Financial Officer must perform periodic reviews and
document findings in the Subrecipient Monitoring Form (Appendix 3: Subrecipient Monitoring Form).
VI. SUBRECIPIENT INTERVENTIONS
The County may adjust specific subaward conditions as needed, in accordance with 2 CFR 200.208 and 2
CFR 200.339. If the County determines that the subrecipient is not in compliance with the subaward,the
County may institute an intervention.The degree of the subrecipient's performance or compliance
deficiency will determine the degree of intervention. All possible interventions must be indicated in the
subaward agreement.
The County must provide written notice to the subrecipient of any intervention within thirty
days of the completion of a report review, desk review, onsite review, audit review, or
procedures engagement review or as soon as possible after the County otherwise learns of a
subaward compliance or performance deficiency.
Pursuant to 2 CFR 200.208, the written notice must notify the subrecipient of the following related to
the intervention:
(1)The nature of the additional requirements;
(2)The reason why the additional requirements are being imposed;
(3)The nature of the action needed to remove the additional requirement, if applicable;
(4)The time allowed for completing the actions if applicable; and
(5)The method for requesting reconsideration of the additional requirements imposed.
The following interventions may be imposed on a subrecipient, based on the level of the
compliance or performance deficiency:
Level 1 Interventions.These interventions may be required for minor compliance or performance
issues.
(1) Subrecipient addresses specific internal control, documentation,financial
management, compliance, or performance issues within a specified time period
(2) More frequent or more thorough reporting by the subrecipient
(3) More frequent monitoring by the County
(4) Required subrecipient technical assistance or training
Level 2 Interventions.These interventions may be required, in addition to Level 1
interventions, for more serious compliance or performance issues.
(1) Restrictions on funding payment requests by subrecipient
(2) Disallowing payments to subrecipient
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(3) Requiring repayment for disallowed cost items
(4) Imposing probationary status on subrecipient
Level 3 Interventions.These interventions may be required, in addition to Level 1 and 2
interventions,for significant and/or persistent compliance or performance issues.
(1) Temporary or indefinite funding suspension to subrecipient
(2) Nonrenewal of funding to subrecipient in subsequent year
(3) Terminate funding to subrecipient in the current year
(4) Initiate legal action against subrecipient
VII. SUBAWARD AGREEMENT& EXECUTION
The subaward agreement will be drafted by the applicable County department using the Subaward
Agreement Template. Contract terms and conditions may vary based on several factors, including
subrecipient risk assessment findings, as documented in the Subrecipient Assessment of Risk. After
review by the Chief Financial Officer and County Attorney the County Manager may fully execute the
subaward agreement, subject to any required budget amendments by the County's governing board,
preaudit requirements, and any other specific Orange County requirements.
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APPENDIX 1: Subrecipient or Contractor Classification Checklist
If Orange County wishes to contract with another government entity or a private entity and use ARP/CSLFRF funds
to pay for that contract,the County must determine if the relationship with the outside entity is a contractor or
subrecipient.To make this determination the County must review the project proposal, budget classification,and
other related proposal documents,as well as engage in discussions with key personnel about the nature of the
proposed agreement.The determination of whether a proposed agreement involves a contractor or subrecipient
relationship must be recorded on this form and maintained in the project file for the duration of the records
retention period for ARP/CSLFRF records.
Instructions:Complete Sections one through three.The section with the greatest number of marked
characteristics indicates the likely type of relationship.The substance of the relationship should be given greater
consideration than the form of agreement between the County and outside entity. In borderline cases,the County
may either provide a written justification for its determination in Section three or, if appropriate, restructure the
agreement to more clearly define it as either a contractor or subrecipient relationship.
Name of Outside Entity:
Section 1--Brief Description of Nature of Proposed Agreement:
Section 1--Subrecipient.A subaward is for the purpose of carrying out a portion of a Federal award and creates a
Federal assistance relationship between the recipient and the subrecipient.Subrecipients may have one or more of
the following characteristics:
❑ May determine who may be eligible to receive Federal assistance under the program guidelines.
For example:A Subrecipient that identifies mentors and mentees under a mentoring program.
❑ Has its performance measured in relation to whether objectives of a Federal program were
met? The recipient will rely upon the subrecipient's data to submit its own performance
data to Treasury.
❑ Has responsibility for programmatic decision making. For example:If the recipient funds
a Subrecipient to develop(or improve)a particular program and the subrecipient will use
its own judgment discretion, and expertise to develop all or part of the program.
❑ In accordance with its subaward agreement(which may be in the legal form of a contract),
the subrecipient uses the Federal funds to carry out a program for a public purpose specified
in authorizing statutes,as opposed to providing goods or services for the benefit of the
recipient.For example:To provide crime-or criminal-justice-related services(and, in the
case of crime victims, compensation)to individual members of the public,such as victims
of crime, or at-risk youth.
❑ The subrecipient will not earn a profit under the agreement.
❑ The subrecipient is required to contribute cash or in-kind match in support of the subaward.
Section 2--Contractor.A contract is for the purpose of obtaining goods and services for the recipient's own use and
creates a procurement relationship between the recipient and the contractor. Entities that include these
characteristics are not subject to compliance requirements of the Federal program because of the agreement,though
similar requirements may apply for other reasons. A contractor relationship may have one or more of the following
characteristics:
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❑ Provides goods and services within normal business operations.
❑ Provides similar goods or services to many different purchasers.
❑ Normally operates in a competitive environment.
❑ Provides goods or services that are ancillary to the operation of the Federal program.
Examples include but are not limited to: Office equipment, supplies, software licenses, reference books,
chemical reagents, cell phones, body-worn cameras, body armor, internet services, cell phone service,
website hosting, copying/printing, lodging.
❑ The entity may earn a profit under the contract.
FINAL DETERMINATION:
❑Subrecipient
❑Contractor
Section 3—Justification. In determining whether an agreement between a recipient and another non-Federal
entity reflects a subrecipient or a contractor relationship,the substance of the relationship is more important than
the form of the agreement. Considering the characteristics checked above, provide a written justification for the
final determination of either a subrecipient or contractor relationship.
Explanation of Justification Determination:
Signature: Date:
Print Name and Title:
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APPENDIX 2: Subrecipient Risk Assessment
Subrecipient Information:
Subrecipient Name [INSERT SUBRECIPIENT NAME,WHICH MUST MATCH THE
NAME ASSOCIATED WITH ITS UNIQUE ENTITY IDENTIFIER]
Subrecipient Unique Entity Identifier: [INSERT SUBRECIPIENT UNIQUE ENTITY IDENTIFIER]
Brief Description of Subaward Project and Role [INSERTA BRIEF DESCRIPTION OF SUBAWARD PROJECT AND
of Subrecipient: ROLE OF SUBRECIPIENT]
Name and Title of Subrecipient Personnel [INSERT NAME AND TITLE OF SUBRECIPIENT PERSONNEL
Providing Information for this Risk Assessment PROVIDIN INFO. FOR THIS RISK ASSESSMENT]
Choose an item. Is the entity prohibited from receiving Federal funds due to suspension or debarment per
the Excluded Parties List located in the System for Award Management (SAM)?
(https://sam.gov/content/home)
Choose an item. Is the entity in good standing with Orange County? Discuss with appropriate staff.
Choose an item. Has Data Collection Form on Federal Audit Clearinghouse (FAC) been reviewed?
(https://facweb.census.gov/uploadpdf.aspx)
If yes, List Findings:
Risk Category Rating Label Comments
General Assessments
1. Is the proposed subrecipient entity's Choose an
(hereinafter"entity")facility,equipment, item.
supplies,and staffing adequate for the needs
of the award?
2. Has the entity adopted and implemented all Choose an
required Uniform Guidance policies and item.
procedures?
3. Has the entity adopted and implemented Choose an
records retention,conflict of interest,and item.
nondiscrimination policies,consistent with
the ARP/CSLFRF award terms?
4. Is the entity properly licensed or certified by Choose an
a recognized source(i.e.,the Internal item.
Revenue Service non-profit determination
letter, bonded and insured if performing
construction-related activities, etc.)?
5. Does the entity have a Code of Ethics policy Choose an
which is provided to all associated item.
employees?
6. Has the entity's management demonstrated Choose an
a commitment to compliance with the item.
subaward terms and all applicable laws and
regulations?
Financial Management,Systems,&Personnel
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7. Does the entity have a financial Choose an
management system that provides records item.
that can identify the sources and application
of funds for subaward funded activities?
8. Does the entity's financial management Choose an
system provide for the control and item.
accountability of project funds, property,
and other assets?
9. What is the current staffing level of the Choose an
entity? item.
10. Has there been any change in the entity's Choose an
key staffing positions in the last 2 years? item.
11. What is the entity's staff's experience in Choose an
performing stated activities in the proposed item.
subaward?
12. Does the entity have a formal,written Choose an
personnel policy that addresses: item.
(a) Pay rates&benefits
(b) Time&attendance
(c) Leave
(d) Discrimination
(e) Nepotism
(f) Conflict of Interest?
13. Does the entity have sufficient internal Choose an
controls related to the subaward funds? item.
14. Does the entity have sufficient cash flow to Choose an
carry out the subaward terms? item.
Experience with Other Federal Grants
15. Has the entity previously done work for the Choose an If low or moderate(yes), list the last
federal government? item. three agencies and award periods.
(a) If low or moderate(yes),what is the Choose an
entity's past performance on meeting item.
federal program outcomes and managing
federal funds in compliance with federal
regulations?
16. Is the entity experienced in managing federal Choose an
funds of the scope of this proposed item.
subaward?
17. Identify any monitoring interventions the Choose an
entity is currently subject to related to other item.
federal grant awards.
18. Does the entity maintain an inventory of Choose an
federal government property that,at a item.
minimum, identifies purchase date,cost,
vendor,description,serial number, location,
and ultimate disposition data?
Audits
19. Does the entity have a designated federal Choose an If low(yes),provide name of audit
cognizant audit agency? item. agency.
20. Has the entity completed a Single Audit in Choose an If low or moderate(yes),provide a
the past five years? item. copy of the most recent audit and do
not complete the rest of the Audit
Section.
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(a) If high(no)to 20.,does the entity have Choose an If yes, please provide a copy of the
annual financial statements that have been item. statements for the most current fiscal
reviewed of audited by an independent audit year. If no, please explain.
firm?
Indirect Rate Information
21. Does the entity have a negotiated federal Choose an If yes,what is the rate?
indirect/F&A rate?(Note: This question does item. If no,indicate that de minimis 10%
not impacted weight of risk assessment) indirect rate will apply
Overall Risk Assessment
22. Based on the overall assessment, does the Choose an
reviewer anticipate any implementation item.
problems with the proposed subaward?
23. What percentage of the entity's overall Choose an
annual budget will this subaward comprise? item.
24. Considering all factors above,assess overall Choose an item.
level of risk
Document any additional findings, mitigating factors,and recommendations here.
Assessment Completed By: Date of Assessment:
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APPENDIX 3: Subrecipient Monitoring Form
This report reflects the County's substantive assessment of the subrecipient's project implementation and
subaward compliance.The County's project manager assigned to the subaward or finance officer must complete
this report for each payment validation, report review,desk review,site review,and audit or procedures
engagement review during the subaward term (and,as appropriate, after the expiration or termination of the
subaward). Upon completion, and following review by the Chief Financial Officer,the original will be filed in the
subaward file.Any required subrecipient corrective actions will be detailed in writing and provided to the
subrecipient within thirty days of the completion of this report.
I. Subaward Overview (complete this section for all reviews)
STAFF INFORMATION
Reviewed conducted by: Date:
Type(programmatic, Date:
financial, or both)
Review confirmed by: Date:
SUBRECIPIENT INFORMATION
Subrecipient Name:
Subrecipient Program Personnel (who
participated in the review):
Subrecipient Contact Phone Number:
Subrecipient Fiscal/Audit Personnel (who
participated in the review):
Subrecipient Fiscal Contact Phone Number:
GRANT REVIEW INFORMATION
Grant Project# Award$ POP Begin POP End Review Period
Beginning Ending Date
Date
TYPE OF MONITORING
Type of Monitoring Date Comments
Completed
❑ Payment Validation (Complete
this column, but not the rest of
the form.)
❑ Report Review (Complete this
column, but not the rest of the
form.)
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❑ Audit or Procedures Engagement
Review(Complete this column,
but not the rest of the form.)
❑ Desk Review (If desk review,
complete the rest of the form.)
❑ Onsite Review (If onsite review,
complete the rest of the form.)
II. Desk and Onsite Reviews (complete this section for desk and onsite
reviews only)
PRE-MEETING NOTES
List any issues,concerns,or other specialty items for follow-up during review.
1.
2.
SUMMARY OF PROGRESS
Subrecipient must submit a written summary of the major workplan milestones during the review period at least
one week prior to the review.The summary must address 1) number of clients served as compared with
projections; 2)staffing;3)activities undertaken; and 4)significant accomplishments.A copy of that summary will
be appended to this written review report.
MONITORING OVERVIEW
PROGRAM IMPLEMENTATION
Indicate milestones met this quarter and identify milestones as scheduled to occur in the following quarter.
ACTIVITIES/PRODUCTS
Identify any reports or products that were submitted during the quarter, and identify those due the
following quarter.
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CORRECTIVE ACTIONS FROM PRIOR REVIEWS
Indicate actions taken in response to prior review issues.
ASSESSMENT OF QUALITY OF IMPLEMENTATION
Is the project being implemented on schedule?Are the activities impacting the goals and objectives as outlined in
approved application?
ISSUES/PROBLEMS
Discuss significant new issues/problems with respect to projected milestones,audits,staffing,
client flow,departures from approved goals, late reports, etc.
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MONITORING SPECIFICS(Complete all fields that are applicable to the subaward.)
Activity Goals ❑ N/A Yes No N/A
Scope of Service, Number of People to be Served,and any Special Terms stated within the Subaward
Agreement.
1. Has there been a change in the activity goals,scope of service, number of people ❑ ❑ ❑
to be served or other special terms as indicated in the Agreement between the
Subrecipient and the Recipient?
(a) If yes,was the Recipient informed of the change? ❑ ❑ ❑
2. Did the activity conform to any additional or special terms as reflected in the ❑ ❑ ❑
Subaward Agreement?
3. Is the subrecipient providing the full scope of services as stated in the application ❑ ❑ ❑
and Subaward Agreement?
4. Are the actual accomplishments at the time of this review the same as the ❑ ❑ ❑
planned accomplishments? Is the activity achieving the expected quantifiable
levels of performance(number of persons served,achieving goals set for clients,
etc.) reaching the intended client group?
S. Is the overall activity performance schedule being met in a timely manner(i.e. ❑ ❑ ❑
goal for number of clients served, expenditure of funds in timely manner,
reporting requirements)?
6. Did the activity operate within the approved budget as detailed in the Subaward ❑ ❑ ❑
Agreement?(i.e., budgetary line items both accurate and realistic for activity
expenses;source and use of match funds accurate)
7. Did the activity funding source change? ❑ ❑ ❑
8. Was there a change in make-up or responsibility of staff for the activity? ❑ ❑ ❑
9. Were invoices for reimbursement payments submitted with support ❑ ❑ ❑
documentation?
10. Were reports outlined in the Subaward Agreement submitted on time? ❑ ❑ ❑
General Comments
General Compliance Yes No N/A
Request a copy of all applicable policies and procedures required by the ARP/CSLFRF award terms and
Uniform Guidance.
11. Does the subrecipient have written policies and procedures to adequately
administer the ARP/CSLFRF subaward?
12. Does the subrecipient have a written conflict of interest policy for their
employees?
13. Are there sufficient internal controls in place to protect against waste,fraud and
abuse of Federal funds(segregation of duties,etc.)?
14. If program income will be generated by the subrecipient, have provisions been
made to ensure that it is used in accordance with ARP/CSLFRF and Uniform
Guidance requirements?
What procedures does the subrecipient use to identify and account for federal property purchased with
subaward funds?
Does the subrecipient have adequate safeguards for preventing loss,damage,or theft of property held
(inventory control,etc.)?
Describe any technical assistance/training provided to subrecipient during the project period.
General Comments
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Employee Reimbursement ❑ N/A Yes I No I N/A
Request a copy of the employee reimbursement policy,and/or have the subrecipient describe the procedure
for approving and documenting expenses that are reimbursed.
15. Are detailed receipts(i.e., receipts that do not merely show a total, but the detail
of what was purchased) provided for reimbursement?
16. Are reimbursements reviewed and approved by a supervisor or project manager
prior to being submitted to the Fiscal Officer/Accounting Staff for payment?
17. Does the subrecipient have a Reimbursement Policy?
Examine two or more reimbursements that were paid out of the grant being monitored.
18. Were the detailed receipts provided to support the amounts requested?
19. Were the expenses in compliance with grant requirements/guidelines and UG?
20. If reimbursed for training or conference expenses,was a certificate of attendance
or completion,or agenda and brochure provided to support request for
reimbursement?
General Comments
Equipment ❑ N/A Yes No N/A
What is the purchasing procedure for equipment purchased with grant funds?Attach copies of relevant
policies and of any purchasing documentation during the review period.
How is equipment inventoried,insured,and managed?Attach copies of relevant policies and current inventory
information.
What is the procedure for transferring equipment purchased with grant funds to another entity?Attach
copies of relevant policies and documentation for any transfers during review period.
Request an inventory list,physical locate selected items,and examine items to ensure compliance.
1. Were all transactions conducted in a manner providing full and open competition,
and quotations obtained from an adequate number of sources?
2. Has all equipment indicated as purchased actually been purchased?
3. Was equipment purchased in accordance with required procurement
rules/policies?
4. Were additions and deletions to the equipment budget made and approved prior
to the purchase/procurement dates?
5. Does a detailed expenditure list indicate any equipment purchased that is not
accounted for in the subaward budget?
6. Is equipment purchased with subaward funds in prior years still in inventory and
still being used for subaward purposes?
7. Has the inventory been updated, and did it account for all items transferred to
other entities?
8. For equipment that was transferred, aside from normal office equipment,was the
transferee properly trained on the equipment, and is there a record of that
training?
9. For equipment transferred to other entities; have they added it to their inventory
records and is it maintained/used for intended purposes?
General Comments
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Financial Management ❑ N/A Yes No N/A
What is the Accounting System for each grant program?
1. Is there a separate accounting for all financial transactions for the subaward?
2. Is a process in place to prevent co-mingling of funds?
3. Does the accounting system prevent obligation or expenditure of funds outside
the subaward's period of availability?
4. Are accounting records supported by source documentation?
5. Were any illegal transfers or unusual activities noted during a review of the
subrecipient's fund activity reports?
6. Does the system provide for prompt and timely recording and reporting of all
financial transactions?
7. Is proper Fiscal record retention being followed (through Dec. 31, 2031)?
What is the process for approval and payment of expenditures and posting to the General Ledger?
8. Are subaward costs identified as eligible prior to encumbering funds and placing
an order?
9. Were the applicable State/Federal suspension and debarment listings consulted
prior to doing business with a vendor and/or contractor?
10. Are all invoices reviewed by the project director for eligibility and marked 'okay to
pay' prior to being submitted to the fiscal office or accounting staff for payment?
11. Are disbursements fully support by invoices, requisitions, purchase orders,or
similar documents?
12. Are cancelled checks or warrants available for review?
13. Were all subaward funds that were received disabused within the allowable
timeframe?
What is the reconciliation process,and how are errors or adjustments handled?
14. Does the subrecipient perform routine reconciliations of its records against the
General Ledger? By whom and how often?
15. Does the subrecipient have sufficient internal controls related to reconciliations?
16. Were actions taken to promptly correct any errors and/or resolve issues?
General Comments
Other Direct Costs ❑ N/A Yes No N/A
How are rent,utilities,and other items allocated for the program?
1. Are rent payments documented by a copy of the lease agreement,and canceled
checks or receipts?
2. Are receipts, bills,and invoices properly maintained?
3. Is the actual rate and method being charged to the grant consistent with the rate
and method approved in the budget?
4. Are costs shared with other programs or funding sources? If yes, how are costs
allocated?
General Comments
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Personnel/Direct Labor ❑ N/A Yes No N/A
Describe the payroll process and who is paid by the subaward.
1. Are personnel files maintained for each employee that include current job
descriptions, performance and evaluations,and changes in pay rates?
2. Are time sheets,activity reports,or payroll files available for review?These
documents should clearly show the effort toward the subaward charged.
3. Are individual employee time sheets and attendance records:
• Prepared and signed by each employee for each pay period?
• Reviewed and signed by each employee's supervisor?
• Reconciled to the payroll master ledger?
4. Are all authorized staff positions filled for the approved budget?
5. Are staff salaries consistent with the approved budget?
6. Are fringe benefits the same as what is listed in the approved budget?
General Comments
Reporting Requirements ❑ N/A Yes No N/A
Subrecipients are required to report on progress toward implementing plans described in their
application/proposal.
1. Progress reports must be submitted based on approved work plan. Have all of the
reports been submitted for this reporting period?
2. Are there any outstanding data elements that must be tracked and reported by the
subrecipient? If so,detail the plan for the subrecipient to comply with this
requirement.
Comments
Supplies&Materials ❑ N/A Yes No N/A
Explain the process of allocating supply costs to the subaward.
1. Are purchases of supplies approved and well documented by quotes, invoices,or
receipts?
2. Are expenditures for supplies consistent with the approved budget?
3. Is there a substantial supply inventory remaining at the project termination date?
4. Were all transactions conducted in a manner providing full and open competition,
and quotations obtained from an adequate number of sources?
General Comments
Travel/Vehicle Mileage ❑ N/A Yes No N/A
Request a copy of the subrecipient's travel policy or have them describe the procedure for approving and
documenting travel expenses.
1. Is employee travel approved in advance by a supervisor or project manager?
2. Are travel expenditures documented with expenses reports and/or detailed
receipts(i.e., receipts do not merely show total but detail of what was
purchased)?
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3. Are travel expenditures appropriately supported within subaward guidelines and
in the approved budget?
4. Are mileage reimbursements supported by a mileage log or similar
documentation?
General Comments
Single Audit Review ❑ N/A Yes No N/A
Obtain a copy of the subrecipient's most recent audit from FAC.Attach it to this review form.
1. Was the Major Programs'Compliance Opinion in the Summary of Auditor's
Results in the Schedule of Findings qualified?
2. Were there any findings and/or questioned costs for federal awards in the
Schedule of Findings?Were any other operational issues such as the handling of
assets, lack of policies and procedures,contract non-compliance,etc.,which
would impact Federal dollars received?
3. Were past audit findings and/or questioned costs for federal awards satisfactorily
resolved?
4. Was any control issue identified which would impact the processing of Federal
grant dollars(i.e.,control weaknesses)?
General Comments(If yes response to questions 1,2, and/or 4, then comment on the issues noted from the
audit and how this was addressed during the onsite review).
RECOMMENDED CHANGES AND/OR NEW MONITORING INTERVENTIONS
Please document any recommendations for financial, programmatic,or other changes. Indicate if further
monitoring interventions are warranted.
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APPENDIX 4: Subaward Agreement Template
DRAFT AGREEMENT-CONSULT COUNTY ATTORNEY FOR FINAL TEMPLATE
American Rescue Plan Act of 2021 Coronavirus State and Local Fiscal Recover Funds Subaward Agreement
Between
Orange County, North Carolina
and
[NAME OF SUBRECIPIENT]
Article I.Overview.
Section 1.1.Parties.The parties to this agreement are Orange County, North Carolina,a body politic and political
subdivision of the State of North Carolina ("County")and [FULL LEGAL NAME OF SUBRECIPIENT], a North Carolina
[SUBRECIPIENT ENTITY TYPE(EG., NON-PROFIT CORPORTATION, FOR-PROFIT CORPORATION,GOVERNMENT
ENTITY, ETC.)] ("Subrecipient").
Section 1.2. Definitions.The definitions in 2 CFR 200.1 are hereby incorporated into this Agreement.
Section 1.3.Roles. For the purposes of this Agreement,the County serves as a pass-through entity.
Section 1.4.Source of Funding.This Agreement is funded by a portion of the [DOLLAR VALUE ALLOCATED TO
LOCAL GOVERNMET] allocated to the County by the Coronavirus State Local Fiscal Recovery Fund created under
section 603 of the American Rescue Plan Act of 2021(ARP/CSLFRF).
Section 1.5.Purpose.The purpose of this Agreement is to establish the terms and conditions for a subaward
allocated to the Subrecipient from the County.
Section 1.6.Disclosures. Federal regulations,specifically 2 CFR 200.331(a)(1), require the County to provide the
Subrecipient with specific information about this subaward.All required information is listed in Exhibit A
(Subaward Data).
Section 1.7.Term.This Agreement shall govern the performance of the parties for the period [START DATE] (the
"Effective Date")through [END DATE] ("Expiration Date"), unless earlier terminated by either party in accordance
with the terms of this Agreement("Agreement Term").
Article II.Scope of Funded Activities.
Section 2.1.Scope of Services.Subrecipient shall perform all activities described in the scope of activities,attached
hereto as Exhibit B(Approved Activities).
Section 2.2.Budget.Subrecipient shall perform the Approved Activities in accordance with the program budget as
approved by the County and attached hereto as Exhibit C(Approved Budget).
Section 2.3.Prior Approval for Changes.Subrecipient may not transfer allocated funds among cost categories
within a budgeted program account without the prior written approval of the County; nor shall Subrecipient make
any changes, directly or indirectly,to program design,Approved Activities,or Approved Budget without the prior
written approval of County.
Article III.Compensation.
Section.3.1. Payment of Funds.County agrees to reimburse Subrecipient for costs actually incurred and paid by
Subrecipient in accordance with the Approved Budget and for the performance of the Approved Activities under
this Agreement in an amount not to exceed$[_] ("Total Agreement Funds").The amount of Total Agreement
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Funds, however, is subject to adjustment by the County if a substantial change is made in the Approved Activities
that affects this Agreement or if this Agreement is terminated prior to the expiration of the Agreement. Program
funds shall not be expended prior to the Effective Date or following the earlier of the Expiration Date or the last
day of the Agreement Term. Costs incurred shall only be as necessary and allowable to carry out the purposes and
activities of the Approved Activities and may not exceed the maximum limits set in the Approved Budget. Expenses
charged against the Total Agreement Funds shall be incurred in accordance with this Agreement.
Section.3.2.Invoices. On or before the twentieth (20th)day of each month and in any event no later than thirty
(30)days after the earlier of the expiration or termination of this Agreement,Subrecipient shall submit invoices
and associated receipts, in a format dictated by County,for the most recent month ended,to County's [NAME
DEPARTMENT HERE AND INDICATE HOW SUBRECIPIENT MUST SUBMIT INFO (MAIL, EMAIL, ETC.)],setting forth
actual expenditures of Subrecipient in accordance with this Agreement.Within ten (10)working days from the
date it receives such invoice,County may disapprove the requested reimbursement claim. If the reimbursement
claim is so disapproved, County shall notify Subrecipient as to the disapproval.A decision by County to disapprove
a reimbursement claim is final.There is no appeal process for subrecipient. If County approves payment,then
County will disburse the funds without further notice.
Section.3.3.County's Subaward Obligations Contingent on Federal Funding and Subrecipient Compliance.The
payment of funds to Subrecipient under the terms of this Agreement shall be contingent on the receipt of such
funds by County from the ARP/CSLFRF and shall be subject to Subrecipient's continued eligibility to receive funds
under the applicable provisions of state and federal laws. If the amount of funds that County receives from the
ARP/CSLFRF is reduced,County may reduce the amount of funds awarded under this Agreement or terminate this
Agreement.County also may deny payment for Subrecipient's expenditures for Approved Activities where invoices
or other reports are not submitted by the deadlines specified in this Agreement or for failure of Subrecipient to
comply with the terms and conditions of this Agreement.
Article IV. Financial Accountability and Grant Administration.
Section.4.1.Financial Management.Subrecipient shall maintain a financial management system and financial
records related to all transactions with funds received pursuant to this Agreement and with any program income
earned as a result of funds received pursuant to this Agreement.Subrecipient must administer funds received
pursuant to this Agreement in accordance with all applicable federal and state requirements, including the
Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 CFR Part
200,as required by the ARP/CSLFRF Assistance Listing(21.027).Subrecipient shall adopt such additional financial
management procedures as may from time-to-time be prescribed by County if required by applicable federal or
state laws or regulations,or guidelines from US Department of Treasury.Subrecipient shall maintain detailed,
itemized documentation and other necessary records of all income received and expenses incurred pursuant to
this Agreement.
Section.4.2.Limitations on Expenditures.County shall only reimburse Subrecipient for documented expenditures
incurred during the Agreement Term that are: (i) reasonable and necessary to carry out the scope of Approved
Activities described in Exhibit B; (ii)documented by contracts or other evidence of liability consistent with the
established County and Subrecipient procedures; and (iii) incurred in accordance with all applicable requirements
for the expenditure of funds payable under this Agreement. County may not reimburse or otherwise compensate
Subrecipient for any expenditures incurred or services provided prior to the Effective Date or following the earlier
of the expiration or termination of this Agreement.
Section.4.3. Indirect Cost Rate.The indirect cost rate, if any, indicated in Exhibit C(Approved Budget)shall apply
to this Agreement. [IF THE SUBRECIPIENT HAS A NICRA WITH ANOTHER FEDERAL AGENCY THAT IS HIGHER THAN
THE DE MINIMIS INDIRECT RATE OF 10%,YOU MUST USE THE SUBRECIPIENT'S NICRA TO CALCULATE ITS INDIRECT
RATE.SEE 2 CFR 200.332(a)(4)(ii)]
Section.4.4.Financial and Other Reports.Subrecipient shall submit to County such reports and back-up data as
may be required by the Federal Government or County, including such reports which enable County to submit its
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own reports to the US Department of Treasury,in accordance with the following schedule,which may be amended
from time to time:
REPORT DEADLINE
[INSERT APPLICABLE REPORT REQUIREMENTS [INSERT APPLICABLE DEADLINES]
HERE]
SEE TREASURY COMPLIANCE AND REPORTING
GUIDANCE,]
This provision shall survive the expiration or termination of this Agreement with respect to any reports which the
Subrecipient is required to submit to County following the expiration or termination of this Agreement.
Section.4.5.Improper Payments.Any item of expenditure by Subrecipient under the terms of this Agreement
which is found by auditors, investigators,and other authorized representatives of the County,the US Department
of Treasury,the NC Department of State Treasurer, or other federal or state instrumentality to be improper,
unallowable, in violation of federal or state law,or the terms of this Agreement,or involving any fraudulent,
deceptive,or misleading representations or activities of Subrecipient,shall become Subrecipient's liability,and
shall be paid solely by Subrecipient, immediately upon notification of such,from funds other than those provided
by County under this Agreement or any other agreements between County and Subrecipient.This provision shall
survive the expiration or termination of this Agreement.
Section.4.6.Audits and Access to Records.Subrecipient certifies compliance with applicable provisions of 2 CFR
200.501-200.521,and continued compliance with these provisions during the term of this section. If Subrecipient is
not required to have a Single Audit as defined by 200.501, US Department of Treasury requirements,or the Single
Audit Act,then Subrecipient shall have a financial audit performed yearly by an independent Certified Public
Accountant.Subrecipient shall provide notice of the completion of any required audits and will provide access to
such audits and other financial information related to the Agreement upon request.Subrecipient certifies that it
will provide County with notice of any adverse findings which impact this Agreement.This obligation extends for
one year beyond the expiration or termination of this Agreement.
Section.4.7.Closeout. Final payment request(s) under this Agreement must be received by County no later than
thirty(30)days after the earlier of the Expiration Date or the last day of the Agreement Term.County will not
accept a payment request submitted after this date without prior authorization from County. In consideration of
the execution of this Agreement by County,Subrecipient agrees that acceptance of final payment from County
will constitute an agreement by Subrecipient to release and forever discharge County, its agents,employees,
officers, representatives,affiliates,successors and assigns from any and all claims,demands,damages, liabilities,
actions,causes of action or suits of any nature whatsoever,which Subrecipient has at the time of acceptance of
final payment or may thereafter have,arising out of, in connection with or in any way relating to any and all
injuries and damages of any kind as a result of or in any way relating to this Agreement.The Subrecipient's
obligations to County under this Agreement shall not terminate until all closeout requirements are completed to
the satisfaction of County. Such requirements shall include submitting final reports to County and providing any
closeout-related information requested by County by the deadlines specified by County.This provision shall
survive the expiration or termination of this Agreement.
Article V.Compliance with Grant Agreement and Applicable Laws.
Section.5.1.General Compliance.Subrecipient shall perform all Approved Activities funded by this Agreement in
accordance with this Agreement,the award agreement between County and the US Department of Treasury,and
all applicable federal,state and local requirements, including all applicable statutes, rules, regulations,executive
orders, directives or other requirements.Such requirements may be different from Subrecipient's current policies
and practices.County may assist Subrecipient in complying with all applicable requirements. However,
Subrecipient remains responsible for ensuring its compliance with all applicable requirements.
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Section.5.2. Expenditure Authority.This Agreement is subject to the laws, regulations,and guidance documents
authorizing and implementing the ARP/CSLFRF grant, including, but not limited to,the following:
Authorizing Statute.Section 603 of the Social Security Act(42 U.S.C.803),as added by section 9901(a)of the
American Rescue Plan Act of 2021 (Pub. L. No. 117-2).
Implementing Regulations.Subpart A of 31 CFR Part 35(Coronavirus State and Local Fiscal Recovery Funds),
as adopted in the Coronavirus State and Local Fiscal Recovery Funds interim final rule (86 FR 26786,applicable
May 17,2021 through March 31,2022)and final rule(87 FR 4338,applicable January 27, 2022 through the
end of the ARP/CSLFRF award term),and other subsequent regulations implementing Section 603 of the Social
Security Act(42 U.S.C.803).
Guidance Documents.Applicable guidance documents issued from time-to-time by the US Department of
Treasury, including the currently applicable version of the Compliance and Reporting Guidance:State and
Local Fiscal Recovery Funds.
This Agreement is also subject to all applicable laws of the State of North Carolina.
Section.5.3. Federal Grant Administration Requirements.Subrecipient shall comply with the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,2 CFR Part 200(UG),as
adopted by the Department of Treasury at 2 CFR Part 1000 and as set forth in the Assistance Listing for
ARP/CSLFRF(21.027).These requirements dictate how Subrecipient must administer the subaward and how
County must oversee Subrecipient.
The applicable UG provisions are as follows:
Subpart A,Acronyms and Definitions
Subpart B,General provisions
Subpart C,Pre-Federal Award Requirements and Contents of Federal Awards (except 2 CFR 200.204,
.205, .210,and .213)
Subpart D,Post Federal;Award Requirements(except 2 CFR 200.305(b)(8)& (9), .308, .309, and
.320(c)(4))
Subpart E,Cost Principles
Subpart F,Audit Requirements
2 CFR Part 25(Universal Identifier&System for Award Management)
2 CFR Part 170(Reporting Subaward and Executive Compensation Information)
2 CFR Part 180(OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-
procurement)
Subrecipient shall document compliance with UG requirements, including adoption and implementation of all
required policies and procedures,within thirty(30) days of the execution of this Agreement and during all
subsequent reviews during the term of the Agreement.County may provide sample policies or other assistance to
Subrecipient in meeting these compliance requirements. Regardless of County's assistance, it is the Subrecipient's
responsibility to properly comply with all UG requirements. Failure to do so may result in termination of the
Agreement by County.
Section.5.4.Procurement Requirements.
(a) Federal.Consistent with UG compliance requirements, including the standards in 2 CFR 200.318 for the
acquisition of property, equipment,supplies,or services required under this Agreement,Subrecipient shall
adopt and enact procurement procedures.Subrecipient's documented procurement procedures must
conform to the procurement standards identified in Subpart D of 2 CFR Part 200(Procurement Standards).
Such standards include, but are not limited to,the following:
1. All procurement transactions for property or services shall be conducted in a manner providing full and
open competition,consistent with standards outlined in 2 CFR 200.320(1)-(3)and (5),which allows for
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non-competitive procurements only if either(1)the item is below the micro-purchase threshold; (2)the
item is only available from a single source; (3)the public exigency or emergency will not permit a delay
from publicizing a competitive solicitation;or(4)after solicitation of a number of sources,competition is
determined inadequate.
2. Subrecipient shall maintain oversight to ensure that contractors perform in accordance with the terms,
conditions,and specifications of their contracts or purchase orders.
3. Subrecipient shall maintain written standards of conduct covering conflicts of interest and governing the
actions of its employees engaged in the selection,award and administration of contracts in conformance
with 2 CFR 200.318(c).Subrecipient shall immediately disclose in writing to County any potential conflict
of interest affecting the awarded funds in accordance with 2 CFR 200.112.
4. Pursuant to 2 CFR 200.321,Subrecipient shall take all necessary affirmative steps to assure that minority
businesses,women's business enterprises,and labor surplus area firms are used when possible.
5. Subrecipient shall "maintain records sufficient to detail the history of procurement.These records will
include but are not necessarily limited to the following: rationale for the method of procurement,
selection of contract type,contractor selection or rejection,and the basis for the contract price."2 CFR
200.318(i).
(b) Local. In addition to the requirements described in subsection (a),the Subrecipient shall comply with the
following:
1. Reporting.Subrecipient shall document, in its quarterly report to County,the status of all contracts
executed in connection with this Agreement.
2. County review of solicitations. Except for micro-purchases made pursuant to 2 CFR 200.320(a)(1)or
procurements by small purchase procedures pursuant to 2 CFR 200.320(a)(2), if Subrecipient proposes to
enter into any contract for the performance of any of the Approved Activities under this Agreement,then
the Subrecipient shall forward to County a copy of any solicitation (whether competitive or non-
competitive)at least fifteen (15) days prior to the publication or communication of the solicitation.
County will review the solicitation and provide comments, if any,to Subrecipient within three(3) business
days. Failure to respond within three (3) business days does not constitute approval by the County.
Consistent with 2 CFR 200.324,County will review the solicitation for compliance with applicable
procurement standards.County's review and comments shall not constitute a binding approval of the
solicitation. Regardless of County's review,Subrecipient remains bound by all applicable laws, regulations,
and Agreement terms. If during its review County identifies any deficiencies,then County will
communicate those deficiencies to Subrecipient as quickly as possible within the three(3) business day
window outlined above.
3. County review of contracts. Except for micro-purchases pursuant to 2 CFR 200.320(a), if Subrecipient
proposes to enter into any contracts for the performance of any of the Approved Activities under this
Agreement,then Subrecipient shall forward to County a copy of the written contract prior to contract
execution.County shall review the unexecuted contract for compliance with applicable requirements and
provide comments, if any,to Subrecipient within three (3)business days. Failure to respond within three
(3) business days does not constitute approval by the County. Consistent with 2 C.F.R. §200.324,County
will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R.
§§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200.County's review and comments
shall not constitute an approval of the contract. Regardless of County's review,Subrecipient remains
bound by all applicable laws, regulations,and Agreement terms. If during its review County identifies any
deficiencies,then County will communicate those deficiencies to Subrecipient as soon as possible within
the three(3) business day window outlined above.Subrecipient must correct the noted deficiencies
before executing the contract.
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(c) Mandatory Contract Provisions.Subrecipient must include contract provisions required by UG and other state
and federal laws and regulations,and as otherwise dictated by County.
Section 5.5.Subawards. In executing this Agreement,Subrecipient may not enter a subaward without prior
written approval from County.
Section 5.6.Property Management.All real property acquired or improved, and equipment or supplies purchased
in whole or in part with ARP/CSLFRF funds, must be used, insured, managed,and disposed of in accordance with 2
CFR 200.311 through 2 CFR 200.316. When such property,equipment,or supplies are acquired, improved,or
purchased subrecipient shall comply with the Orange County Property Policy Related to the Expenditure of
American Rescue Plan Act Funds.
Section 5.7 Program Income. If Subrecipient earns program income,as defined in 2 CFR 200.1 during the term of
the subaward, it must segregate the gross proceeds of the program income and follow the provisions in 2 CFR
200.307.When such program income is earned Subrecipient shall comply with the Orange County Policy for
Allowable Costs and Cost Principles for Expenditure of American Rescue Plan Act Coronavirus State and Local Fiscal
Recovery Funds.
Section.5.8.Federal Restrictions on Lobbying.Subrecipient shall comply with the restrictions on lobbying in 31
CFR Part 21. Pursuant to this regulation,Subrecipient may not use any federal funds to pay any person to influence
or attempt to influence an officer or employee of any agency,a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in connection with any of the following covered federal
actions:the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the
entering into of any cooperative agreement, and the extension,continuation, renewal,amendment, or
modification of any federal contract,grant, loan,or cooperative agreement.Subrecipient shall certify in writing
that Subrecipient has not made,and will not make,any payment prohibited by these requirements using the form
provided in Exhibit D(Lobbying Certifications).
Section.5.9.Universal Identifier and System for Award Management(SAM).Subrecipient shall obtain, and
provide to the County,a unique entity identifier assigned by the System for Award Management(SAM),which is
accessible at www.sam.gov.
Section.5.10.Equal Opportunity&Other Requirements.Subrecipient shall adopt and enact a nondiscrimination
policy consistent with the requirements in this section.
Civil Rights Laws.Subrecipient shall comply with Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d
et seq.)and Treasury's 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.
Fair Housing Laws.Subrecipient shall comply with the Fair Housing Act,Title VIII of the Civil Rights Act of
1968(42 U.S.C. §§3601 etseq.),which prohibits discrimination in housing on the basis of race,color,
religion, national origin,sex,familial status,or disability.
Disability Protections.Subrecipient shall comply with section 504 of the Rehabilitation Act of 1973(29
U.S.C. 794),which prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance.
Age Discrimination.Subrecipient shall comply with the Age Discrimination Act of 1975 (42 U.S.C. §§6101
et seq.), and Treasury's implementing regulations at 31 CFR Part 23,which prohibit discrimination on the
basis of age in programs or activities receiving federal financial assistance.
Americans with Disabilities Act.Subrecipient shall comply with Title II of the Americans with Disabilities
Act of 1990(42 U.S.C. §§ 12101 et seq.),which prohibits discrimination on the basis of disability under
programs,activities,and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
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Section.5.11.Suspension and Debarment.Subrecipient shall comply with the Office of Management and Budget
(OMB)Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR Part
180, as adopted by the U.S. Department of Treasury at 31 CFR Part 19.Subrecipient represents that neither it, nor
any of its principals has been debarred,suspended,or otherwise determined ineligible to participate in federal
assistance awards or contracts.Subrecipient further agrees that it will notify County immediately if it or any of its
principals is placed on the list of parties excluded from federal procurement or nonprocurement programs
available at www.sam.gov.
Section.5.12.Federal Funding Accountability and Transparency Act of 2006.Subrecipient shall provide County
with all information requested by County to enable County to comply with the reporting requirements of the
Federal Funding Accountability and Transparency Act of 2006(31 U.S.C.6101 note).
Section.5.13.Licenses,Certifications,Permits,Accreditation.Subrecipient shall obtain and keep current any
license, certification, permit,or accreditation required by federal,state, or local law and shall submit to County
proof of any licensure,certification, permit or accreditation upon request.
Section.5.14.Publications.Any publications produced with funds from this Agreement shall display the following
language: "This project [is being] [was] supported, in whole or in part, by federal award number[enter project
FAIN] awarded to [LOCAL GOVERNMENT NAME], North Carolina by the U.S. Department of the Treasury."
Section 5.15. Program for Enhancement of Contractor Employee Protections.Subrecipient is hereby notified that
they are required to: inform its employees working on any federal award that they are subject to the
whistleblower rights and remedies of the program; inform its employees in writing of employee whistleblower
protections under 41 U.S.0§4712 in the predominant native language of the workforce; and include such
requirements in any agreement made with a subcontractor or subgrantee.
Section 5.16. Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment. Pursuant
to 2 CFR 200.216,Subrecipient shall not obligate or expend funds received under this Subaward to: (1) procure or
obtain; (2)extend or renew a contract to procure or obtain;or(3)enter into a contract(or extend or renew a
contract)to procure or obtain equipment,services,or systems that uses covered telecommunications equipment
or services(as described in Public Law 115-232,section 889)as a substantial or essential component of any
system,or as a critical technology as part of any system.
Section 5.17.Use of Name. Neither party to this Agreement shall use the other party's name,trademarks,or other
logos in any publicity,advertising,or news release without the prior written approval of an authorized
representative of that party.The parties agree that each party may use factual information regarding the existence
and purpose of the relationship that is the subject of this Agreement for legitimate business purposes,to satisfy
any reporting and funding obligations,or as required by applicable law or regulation without written permission
from the other party. In any such statement,the relationship of the parties shall be accurately and appropriately
described.
Section 5.18.Highest Compensated Officers.The names and total compensation of the five most highly
compensated officers of Subrecipient shall be listed if the Subrecipient in the preceding fiscal year received 80
percent or more of its annual gross revenues in Federal awards;and$25,000,000 or more in annual gross revenues
from Federal awards;and the public does not have access to this information about the compensation of the
senior executives of the entity through periodic reports filed under section 13(a)or 15(d)of the Securities
Exchange Act of 1934(15 U.S.C. §§78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986.See
FFATA§2(b)(1)Code of 1986. If this requirement applies to Subrecipient,Subrecipient will submit the list of its five
most highly compensated officers to County within thirty(30)days of the execution of this Agreement and yearly
thereafter during the Agreement term.
Section 5.19.Statement of Assurances.Subrecipient certifies compliance with SF 424B(Statement of Assurances—
Non-Construction)and SF424D(Statement of Assurances—Construction).
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Section 5.20.Drug-free Workplace Requirements.Subrecipient certifies compliance with 2 CFR 182.
Section 5.21.Stevens Amendments Requirements.Subrecipient shall identify that federal assistance funds were
used to fund Approved Activities under this Agreement in any publicity and/or signage relating to the funded
project or program.
Article VI.Cooperation in Monitoring and Evaluation.
Section.6.1.County Responsibilities.County shall monitor,evaluate,and provide guidance and direction to
Subrecipient in the conduct of Approved Activities performed under this Agreement.County must determine
whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit
requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met
such requirements. County may require Subrecipient to take corrective action if deficiencies are found.
The type and degree of monitoring activities depends on the results of the Subrecipient Risk Assessment, as
detailed in County's Subaward and Monitoring Policy for the expenditure of ARP/CSLFRF funds,see Exhibit E
(Subaward Policy).The following specific monitoring activities apply to this Agreement:
(a) Payment validations(monthly)
(b) Report reviews(quarterly)
(c) Desk reviews(at least once per year and more frequently if requested by County or Subrecipient)
(d) Onsite reviews(upon request of County or Subrecipient)
(e) Audit review(yearly)
Additional monitoring activities shall be included for subrecipients deemed to be medium or high risk. Consult
with the Chief Financial Officer and County Attorney to determine appropriate additional monitoring activities.
Section.6.2.Subrecipient Responsibilities.
(a) Cooperation with County Oversight.Subrecipient shall permit County to carry out monitoring and evaluation
activities, including any performance measurement system required by applicable law, regulation,funding
sources guidelines or by the terms and conditions of the applicable grant award,and Subrecipient agrees to
ensure,to the greatest extent possible,the cooperation of its agents,employees and board members in such
monitoring and evaluation efforts.This provision shall survive the expiration or termination of this Agreement.
(b) Cooperation with Audits.Subrecipient shall cooperate fully with any reviews or audits of the activities under
this Agreement by authorized representatives of County,the North Carolina State Auditor,the US Department
of Treasury,and the US Government Accountability Office.Subrecipient agrees to ensure to the extent
possible the cooperation of its agents, employees,and board members in any such reviews and audits.This
provision shall survive the expiration or termination of this Agreement.
Section 6.3.Interventions. If County determines that Subrecipient is not in compliance with this Agreement,
County may initiate an intervention, in accordance with 2 CFR 200.208 and 2 CFR 200.339.The degree of
Subrecipient's performance or compliance deficiency will determine the degree of intervention.All possible
interventions are listed below and will depend on the degree of deficiency in Subrecipient's performance or
compliance deficiency.
If County determines that an intervention is warranted, it shall provide written notice to Subrecipient of the
intervention within thirty(30)days of the completion of a report review,desk review,onsite review,audit review,
or procedures engagement review or as soon as possible after the County otherwise learns of a compliance or
performance deficiency related to the execution of this Agreement.The written notice shall notify Subrecipient of
the following related to the intervention:
(1)The nature of the additional requirements;
(2)The reason why the additional requirements are being imposed;
(3)The nature of the action needed to remove the additional requirement, if applicable;
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(4)The time allowed for completing the actions if applicable;and
(5)The method for requesting reconsideration of the additional requirements imposed.
County may impose the following interventions on Subrecipient, based on the level of the compliance or
performance deficiency that County determines:
Level 1 Interventions.These interventions may be required for minor compliance or performance issues.
(1) Subrecipient addresses specific internal control, documentation,financial management,compliance,or
performance issues within a specified time period
(2) More frequent or more thorough reporting by the Subrecipient
(3) More frequent monitoring by the County
(4) Required Subrecipient technical assistance or training
Level 2 Interventions.These interventions may be required for more serious compliance or performance
issues.
(1) Restrictions on funding payment requests by Subrecipient
(2) Disallowing payments to Subrecipient
(3) Requiring repayment for disallowed cost items
(4) Imposing probationary status on Subrecipient
Level 3 Interventions.These interventions may be required for significant and/or persistent compliance or
performance issues.
(1) Temporary or indefinite funding suspension to Subrecipient
(2) Nonrenewal of funding to Subrecipient in subsequent year
(3) Terminate funding to Subrecipient in the current year
(4) Initiate legal action against Subrecipient
Interventions will remain in place until the underlying performance or compliance deficiency is addressed to the
sole satisfaction of the County.
Section 6.4. Records Retention and Access.Subrecipient shall maintain all records, books, papers and other
documents related to its performance of Approved Activities under this Agreement(including without limitation
personnel, property,financial and medical records)through at least December 31, 2031, or such longer period as is
necessary for the resolution of any litigation,claim, negotiation,audit or other inquiry involving this Agreement.
Subrecipient shall make all records, books, papers and other documents that relate to this Agreement available at
all reasonable times for inspection, review and audit by the authorized representatives of County,the North
Carolina State Auditor,the US Department of Treasury,the US Government Accountability Office,and any other
authorized state or federal oversight office.
Section 6.5. Key Personnel.Subrecipient shall identify all personnel who will be involved in performing Approved
Activities and otherwise administering the Agreement, including at least one project manager and one fiscal officer
(Key Personnel).Subrecipient shall notify County of any changes to these personnel within thirty(30)days of the
change. Key personnel names,titles,and contact information are listed in Exhibit F(Key Personnel).
Article VII. Default and Termination.
Section.7.1.Termination for Cause.County may terminate this Agreement for cause after three days written
notice.Cause may include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time,or failure to comply with any of the requirements of this Agreement.
Sec.7.2.Termination Without Cause.County may terminate this Agreement for any reason,in its sole discretion,
by providing Subrecipient with thirty(30)days prior written notice.
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Sec.7.3.Termination by Mutual Agreement.County and Subrecipient may agree to terminate this Agreement for
their mutual convenience through a written amendment to this Agreement.The amendment will state the
effective date of the termination and the procedures for proper closeout of the Agreement.
Sec.7.4.Termination Procedures. If this Agreement is terminated,Subrecipient may not incur new obligations for
the terminated portion of the Agreement after Subrecipient has received the notification of termination.
Subrecipient must cancel as many outstanding obligations as possible. Costs incurred after receipt of the
termination notice will be disallowed.Subrecipient shall not be relieved of liability to County because of any
breach of Agreement by Subrecipient.County may,to the extent authorized by law,withhold payments to
Subrecipient for the purpose of set-off until the exact amount of damages due County from Subrecipient is
determined.
Article VIII.General Conditions.
Section.8.1. Indemnification.To the extent permitted by law,Subrecipient agrees to indemnify and hold harmless
County,and any of its officers,agents and employees,and the Federal Government from any claims of third
parties arising out of any act or omission of Subrecipient in connection with the performance of this Agreement.
Section.8.2.Insurance.Subrecipient shall obtain,at its sole expense, Commercial General Liability Insurance,
Automobile Insurance,Workers'Compensation Insurance,and any additional insurance as may be required by
County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy
and Orange County Minimum Insurance Coverage Requirements(each document is incorporated herein by
reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing division/contracts.php.) If County's Risk Manager
determines additional insurance coverage is required such additional insurance shall consist of (if no
additional insurance required mark N/A as being not applicable). Subrecipient shall not commence work until such
insurance is in effect and certification thereof has been received by the County's Risk Manager.
County may require higher limits if warranted by the nature of this Agreement and the type of activities to be
provided.The insurer must provide County with a Certificate of Insurance reflecting the coverages required in this
Section.All Certificates of Insurance shall reflect thirty(30)days written notice by the insurer in the event of
cancellation, reduction,or other modification of coverage. In addition to this notice requirement,Subrecipient
must provide County prompt written notice of cancellation, reduction,or material modification of coverage of
insurance. If Subrecipient fails to provide such notice,the Subrecipient assumes sole responsibility for all losses
incurred by County for which insurance would have provided coverage.The insurance policies must remain in
effect during the term of this Agreement.
Subrecipient shall name County as an additional insured except as to workers compensation insurance and it is
required that coverage be placed with an "A" rated insurance company acceptable to County. If Subrecipient fails
at any time to maintain and keep in force the required insurance,County may cancel and terminate the Agreement
without notice.
Section.8.3. Venue and Jurisdiction.County and Subrecipient agree that they executed and performed this
Agreement in Orange County, North Carolina.This Agreement will be governed by and construed in accordance
with the laws of North Carolina.The exclusive forum and venue for all actions arising out of this Agreement is the
appropriate division of the North Carolina General Court of Justice in Orange County Such actions may not be
commenced in, nor removed to,federal court unless required by law.
Section.8.4. Nonwaiver. No action or failure to act by County constitutes a waiver of any of its rights or remedies
that arise out of this Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a
breach of this Agreement,except as specifically agreed in writing.
Section.8.5.Limitation of County Authority. Nothing contained in this Agreement may be deemed or construed
to in any way stop, limit, or impair County from exercising or performing any regulatory, policing, legislative,
governmental,or other powers or functions.
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Section.8.6.Severability. If any provision of this Agreement is determined to be unenforceable in a judicial
proceeding,the remainder of this Agreement will remain in full force and effect to the extent permitted by law.
Section.8.7. Assignment.Subrecipient may not assign or delegate any of its rights or duties that arise out of this
Agreement without County's prior written consent. Unless County otherwise agrees in writing,Subrecipient and
all assigns are subject to all County's defenses and are liable for all Subrecipient's duties that arise from this
Agreement and all County's claims that arise from this Agreement.
Section.8.8.Integration.This Agreement contains the entire agreement between the parties pertaining to the
subject matter of this Agreement.With respect to that subject matter,there are no promises,agreements,
conditions, inducements,warranties,or understandings,written or oral,expressed,or implied, between the
parties,other than as set forth or referenced in this Agreement.
Section. 8.9. Notices. All notices and other communications required or permitted by this Agreement must be in
writing and must be given either by personal delivery,approved carrier,email,or mail,addressed as follows:
(a) If to the County:
Attn:
P.O. Box 8181
Hillsborough, NC 27278
(b) If to the Subrecipient:
[ADDRESS HERE]
[EMAIL HERE]
IN WITNESS WHEREOF,the parties have caused this Agreement to the signed by their duly constituted legal
representatives and is effective as of the Effective Date.
ORANGE COUNTY:
By:
SUBRECIPIENT:
By:
Printed Name and Title
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Exhibit A:Subaward Data
Subrecipient Name [Insert Subrecipient name,which must match
the name associated with its unique entity
identifier]
Subrecipient Unique Entity Identifier: [Insert Subrecipient Unique Entity Identifier]
Federal Award Identification Number(FAIN): [Insert Federal Award Identification#]
Federal Award Date of Award to the Recipient by the Federal [Insert date]
Agency:
Subaward Period of Performance Start Date: [Insert date]
Subaward Period of Performance End Date: [Insert date]
Amount of Federal Funds Obligated by this Action by the [Insert Total Agreement Funds]
Pass-Through Entity to the Subrecipient:
Total Amount of Federal Funds Obligated to the Subrecipient [If additional federal awards have been
by the Pass-Through Entity Including the Current Obligation: awarded to the Subrecipient, insert total
amount, including the Total Agreement Funds
specified above]
Total Amount of the Federal Award Committed to the [Insert amount]
Subrecipient by the Pass-Through Entity:
Federal Award Project Description: [Insert description]
Name of Federal Awarding Agency: Department of Treasury
Name of Pass-Through Entity: [LOCAL GOVERNMENT NAME], North Carolina
Contact Information for[LOCAL GOVERNMENT NAME] [Insert contact information]
Authorizing Official:
Contact Information for City Project Manager: [Insert contact information]
CFDA Number and Name: 21.027-Coronavirus State and Local Fiscal
Recovery Funds
Identification of Whether Subaward is R&D: Not R&D
Subrecipient Indirect Costs: See Exhibit C—Approved Budget
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Exhibit B:Approved Activities
[DESCRIBE IN DETAIL WHAT THE SUBRECIPIENT WILL DO WITH THE MONEY]
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Exhibit C:Approved Budget
Consult the County's Allowable Costs and Cost Principles Policy and the ARP/CSLFRF Final Rule for specific
directives and limitations on cost items.
REVENUES Total Revenue
[LOCAL GOVERNMENT NAME] Coronavirus State and $
Local Fiscal Recovery Funds Awarded
OMB Uniform Guidance Total
Budget Cost Categories Federal Awards Reference 2
Expenditures
CFR 200
1. Personnel (Salary and Wages) $
2. Fringe Benefits $
3. Travel $
4. Equipment $
5. Supplies $
6. Contractual Services and Subawards $
7. Consultant(Professional Service) $
8. Construction $
9. Occupancy(Rent and Utilities) $
10. Research and Development(R&D) $
11. Telecommunications $
12. Training and Education $
13. Direct Administrative Costs $
14. Miscellaneous Costs $
a. Advertising and public relations costs
b. Materials and supplies costs, including
costs of computing devices
15. Add additional cost items as needed
16. Total Direct Costs(add lines 1-15) $
17. Total Indirect Costs
Rate%:
Base*: $
18. Total Costs Federal Grant Funds(Lines 16 and
17) $
MUST EQUAL REVENUE TOTALS ABOVE
* The Base is modified direct total costs(MTDC)of the subaward project. Pursuant to 2 CFR 200.68, MTDC means
all direct salaries and wages, applicable fringe benefits, materials and supplies,services, travel, and up to the first
$25,000 of each subaward(regardless of the period of performance of the subawards under the
award). MTDC excludes equipment, capital expenditures, charges for patient care,rental costs, tuition remission,
scholarships and fellowships, participant support costs and the portion of each subaward in excess of$25,000.
Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs,
and with the approval of the cognizant agency for indirect costs.
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Exhibit D:Lobbying Certification
The undersigned certifies,to the best of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,
the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or
modification of any Federal contract,grant, loan,or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into.Submission of this certification is a prerequisite for making or entering this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than$10,000 and not more than$100,000 for each such failure.
Signature of Subrecipient's Authorized Official
Name and Title of Subrecipient's Authorized Official
Date
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Exhibit E:Subaward Policy
[APPEND THE COUNTY'S SUBAWARD POLICY HERE.]
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Exhibit F: Key Personnel
[CONTACT INFORMATION FORM]
COUNTY INFORMATION
Administrative Address:
Invoice Address:
Project Manager Name:
Project Manager Title:
Project Manager Email:
Project Manager Phone:
Fiscal Officer Name:
Fiscal Officer Title:
Fiscal Officer Email:
Fiscal Officer Telephone:
SUBRECIPIENT INFORMATION
Administrative Address:
Invoice Address:
Project Manager Name:
Project Manager Title:
Project Manager Email:
Project Manager Telephone:
Fiscal Officer Name:
Fiscal Officer Title:
Fiscal Officer Email:
Fiscal Officer Telephone:
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