Form FNS 339 FNS 339 Federal State Supplemental Nutrition Programs Agreement

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

FEDERAL-STATE
SUPPLEMENTAL
NUTRITION PROGRAMS 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

2. STATE

4. PROGRAM(S) ADMINISTERED

WIC

3. EFFECTIVE DATE

WIC FARMERS' MARKET
NUTRITION PROGRAM
SENIOR FARMERS' MARKET
NUTRITION PROGRAM
5. UNIVERSAL IDENTIFIER NUMBER(S)

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 Parts 246, 248, and 249).

FNS-339 (07-11) Previous Edition Obsolete

SBU

Electronic Form Version Designed in Adobe 9.1 Version

In order to effectuate the purpose of
Section 17 of the Child Nutrition Act of
1996, as amended (42 U.S.C. 1786),
and Section 4402 of the Farm Security
and Rural Investment Act of 2002 as
amended (7 U.S.C. 3007), 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), the WIC
Farmers' Market Nutrition Program
(FMNP), and/or the Senior Farmers'
Market Nutrition Program (SFMNP) in
accordance with applicable regulations
(7 CFR Parts 246, 248, and 249) and
any amendments thereto.
The State Agency agrees to accept
Federal funds for expenditure in
accordance with the applicable statutes
and regulations, and any amendment
thereto, and to comply with all the
provisions of such statutes and
regulations, and amendments thereto.
The State Agency further agrees to
support full use of Federal funds
provided to the State Agency for the
administration of the WIC Program
and/or the FMNP, and exclude such
funds from State budget restrictions or
limitations including, at a minimum,
hiring freezes, work furloughs, and
travel restrictions affecting the WIC
Program or the FMNP.
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
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 Program, the WIC
Farmers' Market Nutrition Program,
and/or the Senior Farmers' Market
Nutrition Program during each such
year. In any event, however, either
party hereto may terminate this
Agreement, by giving at least thirty
days written notice.
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 gives assurance that it will
immediately take measures necessary
to effectuate this agreement.
By providing this assurance, the State
Agency agrees to compile data, maintain
records and submit reports as
required to permit effective enforcement
of the nondiscrimination laws, and to
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.

Equal Employment
Opportunity Clause
During the performance of this
Agreement insofar as it relates
to State administrative expenses,
the State Agency agrees that:
(1) the State Agency will not
discriminate against any employee
or applicant for employment because of race, color, religion, sex,
age, handicap, or national origin.
The State Agency will take affirmative action to ensure that
applicants are employed, and that
employees are treated during
employment, without regard to
their race, color, religion, sex,
age, handicap, or national origin.
Such action shall include, but not
be limited to the following:
employment, upgrading, demotion,
or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for
training, including apprenticeship.
The State Agency agrees to post
in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
Department setting forth the
provisions of this nondiscrimination
clause.
(2) The State Agency will,
in all solicitations or advertisements for
employees placed by or on behalf of
the State Agency, state that all
qualified applications will receive
consideration for employment without
regard to race, color, religion, sex, age,
handicap, or national origin.
(3) The State Agency will send to each
labor union or representative of workers
with which it has a collective bargaining
agreement or other contract or understanding, a notice, to be provided by
the Department, advising the labor
union or workers' representative of the

State Agency's commitments under
Section 202 of Executive Order No.
11246 of September 24, 1965, and
shall post copies of the notice in
conspicuous places available
toemployees and applicants for
employment.
(4) The State Agency will comply with
all provisions of Executive Order No.
11246 of September 24, 1965,
and of the rules, regulations, and
relevant orders of the Secretary
of Labor.
(5) The State Agency will furnish all
information and reports required by
Executive Order No. 11246 of
September 24, 1965, and by the rules,
regulations, and orders of the
Secretary of Labor, or pursuant
thereto, and will permit access
to his books, records and
accounts by the Department and
the Secretary of Labor for purposes of investigation to ascertain
compliance with the nondiscrimination clauses of this Agreement or with any such rules,
regulations, and orders.
(6) In the event of the State Agency's
noncompliance with such rules,
regulations, or orders, this Agreement as it relates to State administrative expenses may be
cancelled, terminated or suspended
in whole or in part and the State
Agency may be declared ineligible
for further Government contracts
in accordance with procedures
authorized in Executive Order No.
11246 of September 24, 1965, and
such other sanctions may be
imposed and remedies invoked as
provided in Executive Order No.
11246 of September 24, 1965, or
by rules, regulations, or orders of the
Secretary of Labor, or as otherwise
provided by law.

(7) The State Agency will include the
provisions of items (1) through (7) in
every subcontract or purchase order
unless exempted by rules, regulations,
or orders of the Secretary of Labor
issued pursuant to Section 204 of
Executive Order No. 11246 of
September 24, 1965, so that such
provisions will be binding upon each
subcontractor or vendor. The State
Agency will take such action with
respect to any sub-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