Form FNS-339 Federal State Special Supplemental Nutrition Program Agr

Print
FORM APPROVED OMB NO. 0584-0332
Expiration Date: XX/XXXX
U.S. DEPARTMENT OF AGRICULTURE
FOOD AND NUTRITION SERVICE

FEDERAL-STATE
SPECIAL SUPPLEMENTAL
NUTRITION PROGRAM AGREEMENT

For FNS Use Only
Agreement Number

Public reporting burden for this collection of information is estimated to average .25 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. An agency
may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB
control number. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden to: U.S. Department of Agriculture, Food and Nutrition Services, Office of Research and Analysis, Room 1014, Alexandria, VA
22302 ATTN: PRA (0584-0332). Do not return the completed form to this address.
1. NAME OF STATE AGENCY

4. PROGRAMS ADMINISTERED

2. STATE

3. EFFECTIVE DATE

WIC
WIC FARMERS' MARKET
NUTRITION PROGRAM
SENIOR FARMERS' MARKET
NUTRITION PROGRAM

5. UNIVERSAL IDENTIFIER NUMBER

No monies or other benefits may be paid out under this
program unless this Agreement is completed and filed
as required by existing regulations (7 CFR Part 246).

FORM FNS - 339 (07/09)

SBU

Electronic Form Version Designed in Adobe 8.1 Version

In order to effectuate the purpose of Section 17 of the
Child Nutrition Act of 1996, as
amended (42 U.S.C. 1966, the
United States Department of
Agriculture, hereinafter referred
to as the "Department," and the
State Agency (item 1 above)
agree as follows:
The Department agrees to make
funds available to the State
Agency for the administration
within the State (item 2 above)
of the Special Supplemental
Nutrition Program for Women, Infants and Children (WIC Program)
and/or the WIC Farmers' Market
Nutrition Program (FMNP) in
accordance with applicable
regulations (7 CFR Part 248) and
any amendments thereto.
The State Agency agrees to
accept Federal funds for
expenditure in accordance with
the applicable regulations and any
amedment thereto, and to comply
with all the provisions of such
regulations and amendments
thereto.
Copies of the current regulations
are attached hereto and made a
part hereof. In the event of a
proposed amendment of the
regulations, if the State Agency
gives to the Department, prior to
the effective date of the amendment, written notice of its
determination to discontinue the
program or program activities for
which administrative expenses are
available, this Agreement shall be
terminated as to the program or the
program activities as of the effective date of the amendment.
This Agreement shall be effective
commencing on the date specified
(item 3 above) and ending one year
thereafter, unless terminated earlier
as provided herein. The Department
may renew this Agreement each
year thereafter, by notice in writing
given to the State Agency as soon
as practicable after funds have been
appropriated by Congress for carrying out the WIC and/or WIC Farmers'

Market Nutrition Program(s) during
each such year. In any event,
however, either party hereto may, by
giving at least thirty days written
notice, terminate this Agreement.
Upon termination or expiration
of this Agreement, as provided
herein, the State Agency shall
make no further disbursement
of funds paid to the State
Agency in accordance with this
Agreement except to meet State
expenses incurred on or prior to
the termination or expiration date,
notwithstanding any termination
or expiration of this Agreement,
and the State Agency shall
promptly return all remaining
funds made available to it by the
Department. The obligations of
the State Agency under the above
cited regulations shall continue
until the requirements hereof have
been fully performed.

Assurance of Civil
Rights Compliance
The State Agency hereby agrees
that it will comply with Title VI
of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), Title
IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.),
Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794), Age
Discrimination Act of 1975 (42
U.S.C. 610 et seq.); all provisions
required by the implementing
regulations of the Department of
Agriculture; Department of Justice
Enforcement Guidelines; and FNS
directives and guidelines to the
effect that, no person shall, on
the ground of race, color, national
origin, age, sex, or handicap, be
excluded from participation in, be
denied the benefits of, or otherwise
be subjected to discrimination under
any program or activity for which
the Agency receives Federal
financial assistance from FNS; and
hereby give assurance that it will
immediately take measures necessary
to effectuate this agreement.
By providing this assurance, the State
Agency agrees to compile data, main-

tain records and submit reports as
required, to permit effective enforcement of the nondiscrimination
laws and permit Department
personnel during normal working
hours to review such records,
books and accounts as needed to
ascertain compliance with the nondiscrimination laws. If there are any
violations of this assurance, the
Department of Agriculture shall have
the right to seek judicial enforcement of this assurance.
This assurance is given in consideration of and for the purpose of
obtaining any and all Federal financial
assistance, grants and loans of
Federal funds, reimbursable
expenditures, grant or donation of
Federal property and interest in
property, the detail of Federal
personnel, reimbursable expenditures,
grant or donation of Federal property
and interest in such property or the
furnishing of services without
consideration or at a nominal
consideration, or at a consideration
which is reduced for the purpose of
assisting the recipient, or in
recognition of the public interest to be
served by such sale, lease, or
furnishing of services to the recipient,
or any improvements made with
Federal financial assistance extended
to the State Agency by the
Department. This includes any
Federal agreement, arrangement, or
other contract which has as one of its
purposes the provision of assistance
such as food, cash assistance
extended in reliance on the representations and agreements made in
this assurance.
This assurance is binding on the
State Agency, its successors,
transferees, and assignees as long
as it receives assistance or retains
possession of any assistance from
the Department. The person or
persons whose signatures appear
below are authorized to sign this
assurance on the behalf of the State
Agency.

employees and applicants for
employment. (4) The State
Agency will comply with all
provisions of Executive Order No.
During the performance of this
11246 of September 24, 1965,
Agreement insofar as it relates
and of the rules, regulations, and
to State administrative expenses,
relevant orders of the Secretary
the State Agency agrees that:
of Labor. (5) The State Agency
(1) the State Agency will not
will furnish all information and
discriminate against any employee
reports required by Executive
or applicant for employment beOrder No. 11246 of September
cause of race, color, religion, sex,
24, 1965, and by the rules,
age, handicap, or national origin.
regulations, and orders of the
The State Agency will take affirmSecretary of Labor, or pursuant
ative action to ensure that
thereto, and will permit access
applicants are employed, and that
to his books, records and
employees are treated during
accounts by the Department and
employment, without regard to
the Secretary of Labor for purtheir race, color, religion, sex,
poses of investigation to ascertain
age, handicap, or national origin.
compliance with the nondiscrimination clauses of this AgreeSuch action shall include, but not
ment or with any such rules,
be limited to the following:
regulations, and orders. (6) In the
employment, upgrading, demotion,
event of the State Agency's nonor transfer, recruitment or recruitcompliance with such rules,
ment advertising, layoff or terminaregulations, or orders, this Agreetion, rates of pay or other forms of
ment as it relates to State admincompensation, and selection for
istrative expenses may be
training, including apprenticeship.
cancelled, terminated or suspended
The State Agency agrees to post
in whole or in part and the State
in conspicuous places, available to
Agency may be declared ineligible
employees and applicants for employ- for further Government contracts
ment, notices to be provided by the
in accordance with procedures
Department setting forth the
authorized in Executive Order No.
provisions of this nondiscrimination
11246 of September 25, 1965, and
clause. (2) The State Agency will,
such other sanctions may be
in all solicitations or advertisements for imposed and remedies invoked as
employees placed by or on behalf of
provided in Executive Order No.
the State Agency, state that all
11246 of September 24, 1965, or
qualified applications will receive
by rules, regulations, or orders of the
consideration for employment without Secretary of Labor, or as otherwise
regard to race, color, religion, sex,
provided by law. (7) The State
age,
Agency will include the provisions
handicap, or national origin. (3) The
of items (1) through (7) in every
State Agency will send to each labor
subcontract or purchase order
union or representative of workers with unless exempted by rules,
which it has a collective bargaining
regulations, or orders of the
agreement or other contract or under- Secretary of Labor issued pursuant
standing, a notice, to be provided by
to Section 204 of Executive Order
the Department, advising the labor
No. 11246 of September 24, 1965,
union or workers' representative of the so that such provisions will be
State Agency's commitments under
binding upon each subcontractor or
Section 202 of Executive Order No.
vendor. The State Agency will take
11246 of September 24, 1965, and
such action with respect to any subshall post copies of the notice in
conspicuous places available to

Equal Employment
Opportunity Clause

contract or purchase order as the
Department may direct as a
means of enforcing such provisions, including sanctions, for
noncompliance provided, however, that in the event the State
Agency becomes involved in, or is
threatened with, litigation with a
subcontractor or vendor as a
result of such direction by the
Department. The State Agency
may request the United States
to enter into such litigation to
protect the interests of the
United States.
Under applicable regulations the
Equal Employment Opportunity
clause is not applicable to any
Agency of the State which does
not participate in, work on or
under this Agreement insofar as
it relates to State administrative
expenses.

Assurance of Drug-Free
Workplace
The State agency agrees to
maintain a drug-free workplace
in compliance with the Drug-Free
Workplace Act of 1988, Public
Law 100-690, Title V, Subtitle D,
and 7 CFR part 3021.

MEMBER DELEGATE CLAUSE
No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this
Agreement or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this
Agreement if made with a corporation for its general benefit.

CERTIFICATION REGARDING LOBBYING
The State agency, if applicable, has executed and attached to the agreement the required certification regarding
lobbying and if applicable the Standard Form-LLL, "Disclosure of Lobbying Activities."

STATE AGENCY

U.S. DEPARTMENT OF AGRICULTURE

BY (Signature)

BY (Signature)

TITLE

TITLE

DATE

DATE