Appendix J - Federal and State Agreements

Appendix J
Federal and State Supplemental Nutrition Programs Agreement
FNS-339

OMB APPROVED NO. 0584-0332
Expiration Date: 06/30/2025

U.S. DEPARTMENT OF AGRICULTURE
FOOD AND NUTRITION SERVICE

For FNS Use Only
Agreement Number

FEDERAL-STATE
SUPPLEMENTAL
NUTRITION PROGRAMS AGREEMENT

This information is being collected to assist the Food and Nutrition Service in entering into written agreements with State agencies desiring to
administer the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the WIC Farmers' Market Nutrition Program (FMNP),
and/or the Seniors Farmers' Market Nutrition Program (SFMNP). This is a mandatory collection and FNS uses the information to make funds
available to State agencies for the administration of one or more programs. This collection does not request any personally identifiable information
under the Privacy Act of 1974. According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information
collection is 0584-0332. The time required to complete this information collection is estimated to average .125 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. 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 Service, Office of Policy Support, 1320 Braddock Place, 5th Floor, Alexandria, VA
22306 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 (6/22) Previous Edition Obsolete

SBU

Electronic Form Version Designed in AEM 6.4 Version

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

PRIINTED NAME

PRINTED NAME

BY (Signature)

BY (Signature)

TITLE

TITLE

DATE

DATE

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. 6101 et seq.); Title II and
Title III of the Americans with
Disabilities Act (ADA) of 1990 as
amended by the ADA Amendment
Act of 2008 (42 U.S.C. 12131-12189)
as implemented by Department of
Justice regulations at (28 CFR Parts 35
and 36); Executive Order 13166,
"Improving Access to Services for
Persons with Limited English
Proficiency." (August 11, 2000), all
provisions required by the implementing
regulations of the U.S. Department of
Agriculture (7 CFR Part 15 et seq); and
FNS directives and guidelines to the
effect that no person shall, on the
ground of race, color, national origin,
age, sex (including gender identity and
sexual orientation), or disability, or
reprisal or retaliation for prior civil rights
activity 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 records
and reports as required to permit
effective enforcement of the
nondiscrimination laws, and to permit
Department personnel during normal
working hours to review and copy such
records, books and accounts, access
such facilities, and interview such
personnel as needed to ascertain
compliance with the non-discrimination
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, the sale and lease of, and
the permission to use Federal property
or interest in such property or the
furnishing of services without
consideration or at a nominal
consideration, or at a consideration that
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 Program applicant by
USDA. This includes any Federal
agreement, arrangement, or other
contract that has as one of its purposes
the provision of cash assistance for the
purchase of food, and cash assistance
for purchase or rental of food service
equipment or any other financial
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 (including
gender identity and sexual orientation),
pregnancy, genetic information, age,

disability, national origin or retaliation.
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
(including gender identity and sexual
orientation) pregnancy, genetic
information, age, disability, national

origin or retaliation.
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 (including gender
identity and sexual orientation), 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 to
employees 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
orunder 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.