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Home My WebLink AboutAgreement A-21-113 with FCSS.pdf________________________________________________________________________________________________________________ Doc# 10903-20, rev. 08/28/2020 Page | 1 CONTRACTOR County of Fresno, Department of Public Health (“Contractor”) Attn: Rose Mary Rahn, Director of Public Health Nursing 1221 Fulton Mall Fresno, CA 93721 Phone: (559) 600-3330 Email: rrahn@co.fresno.ca.us DBA (leave blank if none): FCSS Fresno County Superintendent of Schools (“FCSS”) Attn: Maria Guadalupe Jaime-Mileham, Senior Director Dept.: Early Care and Education Department Fresno County Office of Education 2405 Tulare Street, Suite 100 Fresno, CA 93721 Phone: (559) 497-3808 Email: Ljaime@fcoe.org ADDRESS FOR INVOICE TO FCSS: All invoices to FCSS shall be addressed to the attention of Internal Business Services−Accounts Payable, Office of Fresno County Superintendent of Schools, 1111 Van Ness Ave, Fresno, CA 93721 CONTRACT TERM (see § 3.1) TERMINATION DURING CONTRACT TERM (see § 3.2) “Effective Date”: July 1, 2020 “Termination Date”: June 30, 2022 Ground for Termination (mark one): X With cause _ With or without cause “Notice Period”: At least 30 days before the effective date of termination of this Agreement CONTRACT AMOUNT, INVOICE, AND PAYMENT (see Art. 2). Contractor shall invoice FCSS and FCSS shall pay Contractor the Contract Amount pursuant to the Payment Schedule stated below (mark one and complete as indicated): _A. Fixed Installment: $____ per month/quarter/year, the sum of all payments shall equal the “Contract Amount” of $____. Contractor shall submit each invoice to FCSS monthly/quarterly/yearly by no later than the 15th day of the month immediately following the last day of the period for which Contractor requests payment. _B. Rate/Not-To-Exceed Contract Amount: Services that Contractor performs in accordance with this Agreement, to be billed at $_____ per hour in 15 minute increments OR pursuant to the rates set forth in Exhibit 1 and the sum of which shall not exceed the “Contract Amount” of $_____. Contractor shall submit each invoice to FCSS monthly/quarterly/yearly by no later than the 15th day of the month immediately following the last day of the period for which Contractor requests payment. _C. Entire Contract Amount/Completion Of All Services: Entire “Contract Amount” of $_____. Contractor shall submit the invoice to FCSS within 30 days of the date on which Contractor completed all Services in accordance with this Agreement. XD. Other/Specified Amount, Paid Periodically: The “Contract Amount” of $605,200. Contractor shall submit quarterly invoices in accordance with this Agreement and Exhibit 1. If Contractor spends less than the total contract amount the parties agree to amend the contract amount equal to the actual amount expended. Contractor shall submit itemized invoices and supporting documentation to comply with Section 2.2 and Article 2 of this Agreement . Contractor shall submit each invoice to FCSS within 30 days of the date on which Contractor has completed, in accordance with this Agreement, the Services for which Contractor requests payment. Invoice and “Payment Schedule”: Each invoice shall comply with Section 2.2 and must be received and CONTRACTOR-PROVIDED SERVICES AGREEMENT (“Agreement”) Legal Doc./Contract No. of this signed Agreement (Legal use only):_________________ COVER Program/Event: Fresno County Early Stars Quality Early Learning and Care Agreement No. 21-113 ________________________________________________________________________________________________________________ Doc# 10903-20, rev. 08/28/2020 Page | 2 approved by FCSS before Contractor may receive any payment under this Agreement. If A, B, or D is marked above, FCSS shall pay Contractor within 30 days after Contractor has completed, in accordance with this Agreement, the Services required of Contractor for the period for which Contractor requests payment. If C is marked above, FCSS shall pay Contractor within 30 days after Contractor has completed, in accordance with this Agreement, all Services required of Contractor. _ PREVAILING WAGE (mark if a portion or all of the Services are subject to the payment of prevailing wages): A portion or all of the Services that Contractor will provide under this Agreement are subject to the payment, monitoring, and enforcement of prevailing wages. The Prevailing Wage Work Addendum (General/ Standard Services Agreement) is attached hereto and constitutes a part of this Agreement. NOTE: If prevailing wage work is marked here, FCSS’ Facilities & Operations shall complete and attach the Prevailing Wage Work Addendum (General/Standard Services Agreement). CONTRACTOR OBLIGATIONS. Unless specifically stated otherwise on this Cover, Contractor shall provide all labor, materials, supplies, equipment, and transportation necessary to perform all obligations required of Contractor as set forth elsewhere in this Agreement and the following “Services”: A.What Services will Contractor provide: Contractor shall perform scope of work in accordance with this Agreement and Exhibit 2. B.When will Contractor provide the Services (mark one and complete as indicated): _ Date Determined − Contractor will perform the Services on (state specific date(s)): The Parties’ staff may mutually change any specified date if the new date is within the Contract Term and there is no change to the Contract Amount. X Date to Be Determined − The Parties’ staff will coordinate and schedule the particular date(s) on which Contractor shall perform the Services, which date(s) shall be within the Contract Term. C.Where will Contractor provide the Services (state full address): Various locations throughout Fresno County. The Parties’ staff may mutually change the location if there is no change to the Contract Amount. D.Full name of Contractor staff who must perform the Services (leave blank if none designated): _ SUBCONTRACTOR DESIGNATION (mark if Contractor will use any subcontractor to perform any of the Services): Contractor is subcontracting with one or more subcontractors to perform a portion of the Services. Contractor has listed each subcontractor on the Subcontractor Designation Form, which is attached and constitutes a part of this Agreement. NOTE: If subcontractor designation is marked here, the FCSS department listed above shall provide the Subcontractor Designation Form to Contractor for Contractor to complete and return to the department. FCSS OBLIGATIONS. FCSS shall perform all obligations required of FCSS as set forth elsewhere in this Agreement and the following (leave blank if no additional obligations): FCSS will facilitate the registration system for all trainings designated to Contractor. RECITALS/OTHER TERMS AND CONDITIONS (leave blank if none): Contractor agrees to comply with our requirements set forth in the First 5 Fresno County Funder Partner Revised June 30, 2020, which is incorporated herein and available at the following link: https://www.first5fresno.org/wp-content/uploads/2020/06/Funded-Partner-Manual-FY20-21-FINAL.pdf REQUIRED DOCUMENTS (see § 1.4.1). Contractor shall provide to FCSS each document marked below and those required of Contractor elsewhere in this Agreement (collectively “Required Document”): XA. Insurance marked below and complying with Section 4.1, written proof of which Contractor shall provide to FCSS when Contractor delivers this Agreement signed by Contractor and before Contractor commences any Services, unless Contractor is a school district or other public entity in which case Contractor shall provide written proof to FCSS upon FCSS’ request (mark each required): X Commercial general liability with additional insured coverage (see Section 4.1.1). X Workers compensation and employer’s liability if Contractor has any employees. X Commercial auto liability with a combined single limit of not less than $1,000,000 per accident if GENERAL TERMS AND CONDITIONS These General Terms and Conditions contain the following Articles: Article 1 Scope of Services and Obligations Article 2 Payment Article 3 Term and Termination of Agreement; Suspension of Services Article 4 Insurance Article 5 Indemnity Article 6 Dispute Resolution Article 7 General Provisions Terms with initial capital letter shall have the respective meanings set forth in this Agreement. ARTICLE 1 SCOPE OF SERVICES AND OBLIGATIONS. SECTION 1.1 PURPOSE. By this Agreement, the Parties desire to set forth the terms and conditions upon which Contractor shall provide, and FCSS shall compensate Contractor for, performance of Contractor’s obligations under this Agreement, and to set forth the Parties’ rights and obligations relating to this Agreement. SECTION 1.2 NON-EXCLUSIVE CONTRACT. Contractor understands and agrees that: (A) this Agreement does not constitute an exclusive contract for Contractor to provide the Services to FCSS, and FCSS has or may enter into contract(s) with one or more third parties to provide services to FCSS that are identical or similar to the Services; and (B) except as required by a Purchase Order issued in accordance with this Agreement, Contractor is not obligated to provide any Services to FCSS and FCSS is not obligated to accept or pay Contractor for any Services SECTION 1.3 QUALIFICATION, SUPERVISION, AND CONTROL. Contractor represents and shall ensure that it and all persons whom it employs or retains to perform this Agreement have the necessary training, skill, and experience and are qualified to so perform, including having throughout the Contract Term all required licenses, permits, and/or certifications (collectively and separately “License”). Contractor shall provide FCSS with written proof of each License upon FCSS’ request and notify FCSS in writing no later than 10 days after Contractor receives any notice that any such License has been revoked, suspended, placed on probation, or non-renewed. Unless stated otherwise in this Agreement or a Purchase Order in which case such provisions shall apply to the extent provided therein, Contractor is solely responsible for: (A) all means, methods, techniques, sequences, procedures, safety, and work coordination necessary or proper for Contractor to perform this Agreement; (B) the acts and omissions of Contractor’s officers, employees, agents, and any other persons who Contractor retains to perform this Agreement; and (C) taking all reasonable precautions for the safety and prevention of injury to the person of and/or damage or loss to the property of Contractor’s officers, employees, agents and any persons who Contractor retains to perform this Agreement, to any officers, employees, agents, students, or invitees of FCSS, or to any Third Party. SECTION 1.4 WORK PRODUCTS AND RIGHTS THERETO. Unless stated otherwise on the Cover in which case such provisions shall apply to the extent provided therein, this Section shall survive the termination of this Agreement and apply to: (A) any Work that FCSS provides to Contractor pursuant to or relating to this Agreement (“FCSS Work”); and (B) any Work that is prepared for and/or provided to FCSS by or on behalf of Contractor pursuant to or relating to this Agreement (“Contractor Work”). The following applies to the FCSS Work: (A) the FCSS Work is FCSS’ property and FCSS has all interests and rights thereto; (B) Contractor does not own and shall not claim any interest or right to or in the FCSS Work; (C) FCSS grants to Contractor a limited license during the Contract Term to use and reproduce only those portions of the FCSS Work necessary for Contractor to perform this Agreement; and (D) Contractor shall return any or all FCSS Work to FCSS upon FCSS’ request. The following applies to the Contractor Work: (A) Contractor represents that the Contractor Work is Contractor’s original work and does not contain any unlawful matter or infringe upon any Third Party’s copyright, right, or interest; (B) the Contractor Work is an instrument of service and constitutes FCSS’ sole property, and Contractor shall deliver to FCSS the Contractor Work within 30 days of the date of completion of the Services or the date of termination of this Agreement, whichever is earlier; and (C) FCSS shall have the right to, and may authorize others to, use, modify, duplicate, distribute, sell, dispose, and/or disclose, in whole or in part, in any manner, and for any purpose, the Contractor Work. “Work” means any data, document, display, drawing, report, material, invention, work, and discovery, including any copyright, right, and interest therein or thereto and whether written, recorded, or electronically stored, and shall include source codes and other codes and information if this Agreement requires Contractor to prepare, create, modify, update, or perform work relating to any website, webpage, and/or computer software, program, or product. ________________________________________________________________________________________________________________ Doc# 10903-19, rev. COUNTY OF FRESNO 9/2020 Pa ge | 4 ________________________________________________________________________________________________________________ Doc# 10903-19, rev. COUNTY OF FRESNO 9/2020 Pa ge | 5 SECTION 1.5 COMPLIANCE WITH APPLICABLE LAWS AND GRANT. 1.5.1 GENERALLY. Each Party shall comply with all laws and regulations (collectively “Law”) applicable to its performance of this Agreement, and all Law that it agrees to comply with under this Agreement (referred to collectively and separately as “Applicable Law” and shall include amendments and Law that are in effect as of the Effective Date or become effective during the Contract Term). Each Applicable Law is deemed inserted herein; however, if any conflict or inconsistency exists between a provision in this Agreement and an Applicable Law, the provision in this Agreement shall govern except where such provision is specifically prohibited or void by the Applicable Law in which case the Applicable Law shall govern to the extent provided therein. Each Party shall comply with each grant (if any) that provides funding to pay for this Agreement and all Law and requirements applicable to such grant. 1.5.2 FEDERAL GRANT FUNDS. The provisions of this Subsection apply if this Agreement is paid, in part or in whole, with federal grant funds. Each Party shall comply with federal laws, regulations, and requirements applicable to such federal grant funds. Contractor represents that it is not debarred, suspended, or otherwise excluded or ineligible to be awarded this Agreement. Contractor shall comply with federal suspension and debarment regulations, including, but not limited to, regulations implementing Executive Orders 12549 and 12689. Contractor shall also comply with: (A) applicable federal laws, regulations, and requirements, including but not be limited to, non-discrimination based on race, color, national origin, sex, disability, or age; (B) applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C 1251-1387); and (C) Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Upon FCSS’ request, whether during or after the Contract Term, Contractor shall cooperate with and provide FCSS with documents and information relating to this Agreement that are necessary for FCSS to comply with applicable federal laws, regulations, and requirements. The provisions of this Subsection shall survive the termination of this Agreement. SECTION 1.6 RECORDS AND INFORMATION. 1.6.1 REQUIRED DOCUMENTS. Contractor shall provide to FCSS each Required Document marked on the Cover, each of which is incorporated into and constitutes a part of this Agreement. If any Required Document becomes incorrect or inapplicable or expires during the Contract Term, Contractor shall promptly notify in writing and/or submit to FCSS the corrected, updated, or effective Required Document. If Contractor refuses to provide any Required Document or corrected, updated, or effective version thereof, FCSS shall have the right to withhold payment of any or all of the Contract Amount until such time that FCSS receives the Required Document from Contractor. 1.6.2 CONFIDENTIAL MATERIAL. If any documents and/or information (for example and not as a limitation, employee or student record) that are subject to nondisclosure or protection under federal and/or California laws (collectively and separately “Confidential Material”) are provided to or created by Contractor for or pursuant to this Agreement, Contractor shall: (A) not release, disseminate, publish, or disclose the Confidential Material, except as required by law or a court order or as this Agreement may permit; (B) unless specifically permitted by Applicable Law, not use the Confidential Material for any purpose not related to Contractor’s performance of this Agreement; and (C) protect and secure the Confidential Material, including Confidential Material saved or stored in an electronic form, to ensure that it is safe from theft, loss, destruction, erasure, alteration, and unauthorized viewing, duplication, and use. The provisions of this Subsection shall survive the termination of this Agreement. 1.6.3 RECORD RETENTION, INSPECTION, AND AUDIT. Contractor shall maintain accurate books and records of all Services provided under, amounts billed pursuant to, and all documents required of Contractor under this Agreement for at least five years after the date on which this Agreement terminates and make them available, upon FCSS’ request, for review, audit, and/or copying by FCSS and/or any federal or state agencies. Upon FCSS’ written notice to Contractor that a longer retention period is necessary in order for FCSS to comply with records retention requirements under a court order or federal or state laws, Contractor shall continue to retain such books and records for the period stated in FCSS’ notice. If this Agreement involves the expenditure of $10,000 or more in funds from the State of California, it is subject, for three years after the final payment is made, to the State Auditor’s examination and audit at FCSS’ request or as part of an audit of FCSS. The provisions of this Subsection shall survive the termination of this Agreement. ________________________________________________________________________________________________________________ Doc# 10903-19, rev. COUNTY OF FRESNO 9/2020 Pa ge | 6 ARTICLE 2 PAYMENT. SECTION 2.1 CONTRACT AMOUNT. As full consideration and compensation for Contractor’s performance of this Agreement, FCSS shall pay Contractor the Contract Amount in accordance with the Payment Schedule stated on the Cover. Except as stated in this Agreement or an amendment hereto, Contractor shall not be entitled to any other payment from FCSS; in the event Contractor has received any payment to which Contractor is not entitled to under this Agreement or an amendment, Contractor shall refund such payment to FCSS within 30 days of FCSS’ request. SECTION 2.2 INVOICE, ADDITIONAL INFORMATION, AND DECLARATION UNDER PENALTY OF PERJURY. Before Contractor may receive any payment under this Agreement, Contractor shall submit an itemized invoice and other documents as set forth below to FCSS at FCSS’ address for invoice stated on the Cover. Each person submitting and/or signing an invoice on behalf of Contractor declares under penalty of perjury under California laws, and certifies and attests that: (A) he/she has thoroughly reviewed the claim for payment and know its content; (B) the invoice and supporting information are true, accurate, and complete, and reflect amounts due and services that Contractor has completed in accordance with this Agreement and the correct amount for those services; (C) Contractor has complied and is in compliance with all obligations required of Contractor under this Agreement; and (D) he/she is familiar with Penal Code section 72 pertaining to false claims, and knows and understands that submission and/or certification of a false claim may lead to fines, imprisonment, and/or other legal consequences. Upon receiving an invoice and if FCSS objects to it and/or requires additional information, FCSS shall notify Contractor and Contractor shall provide such information to FCSS within 10 days after Contractor receives FCSS’ notice. If Contractor fails or refuses to provide the additional information, FCSS shall have the right to withhold payment of any or all of the Contract Amount until such time that FCSS receives such information from Contractor. SECTION 2.3 PAYMENT SCHEDULE, DEDUCTION, AND RELEASE. The Payment Schedule, as stated on the Cover, shall apply to FCSS’ payment of the Contract Amount to Contractor. FCSS may deduct from each payment, if applicable, withholdings required by applicable laws, including but not limited to, those for non- California or foreign residents. Contractor’s acceptance of any payment under this Agreement shall constitute, effective on the date of acceptance, a release of all claims and liabilities that Contractor has or may have against FCSS for any additional payment for the Services, and/or matters, for which the payment was made. However, FCSS’ payment shall not relieve Contractor of Contractor’s obligations under this Agreement or for deficient or defective Services that FCSS discovers after the payment is made. ARTICLE 3 TERM AND TERMINATION OF AGREEMENT; AND SUSPENSION OF SERVICES. SECTION 3.1 CONTRACT TERM. This Agreement is effective on the Effective Date and continues in full force and effect thereafter until and including the Termination Date and any written extension thereto (“Contract Term”) and, unless terminated during the Contract Term in accordance with Section 3.2 below, shall terminate at 12:00 midnight on the last day of the Contract Term without any notice or action by either Party. SECTION 3.2 TERMINATION DURING CONTRACT TERM. 3.2.1 GROUNDS FOR TERMINATION. During the Contract Term, this Agreement may only be terminated pursuant to one or more of the following: 3.2.1.1 CAUSE/WITHOUT CAUSE. A Party may terminate this Agreement as marked on the Cover: (A) With or Without Cause − A Party, with or without cause, may terminate this Agreement by giving the other Party written notice for the Notice Period; or (B) With Cause − A Party may terminate this Agreement only upon the other Party’s material breach of one or more provisions of this Agreement and after the non-breaching Party has given the breaching Party written notice for the Notice Period. 3.2.1.2 CONTRACTOR NON-APPROPRIATION OF FUNDS. Contractor may terminate this Agreement, upon giving FCSS written notice for the Notice Period, upon Contractor’s failure or determination not to appropriate sufficient funds to allow Contractor to continue providing services under this Agreement. 3.2.1.3 OTHER GROUNDS. FCSS may terminate this Agreement effective on the date stated in FCSS’ written notice of termination to Contractor pursuant to any of the following: (A) Contractor is required to but fails to provide to FCSS and/or comply with the Fingerprinting Certification or the Sole Proprietor Fingerprinting Addendum; (B) Contractor is required to but fails to provide to FCSS and/or comply with the TB Certification; (C) FCSS and/or any entity from which FCSS receives or is to receive funds to pay for this Agreement reduce or eliminate some or all such funds, or fail or determine not to appropriate sufficient funds to make future payments under this Agreement; (D) a government or issuing agency revokes, suspends, places on probation, or non-renews any License that Contractor must hold to perform this Agreement; (E) Contractor assigns, transfers, or subcontracts any or all of Contractor’s obligations and/or rights under this Agreement in breach of Section 7.3; (F) Contractor fails to maintain and provide written proof of insurance as required by Article 4; (G) Contractor is required to provide particular staff as named on the Cover to perform this Agreement but such staff is not able, not willing, or not available to perform this Agreement; (H) Contractor’s legal rights to exist or conduct business in California has been revoked or terminated by the State of California, another agency, or a court; and/or (I) Contractor’s legal rights to exist or conduct business in California has been suspended or rendered inactive by the State of California, another agency, or a court and such suspension lasts more than 30 consecutive days. 3.2.2 RIGHTS AND OBLIGATIONS UPON TERMINATION. Upon termination of this Agreement during the Contract Term, the following shall apply and survive the termination of this Agreement: (A) FCSS shall pay Contractor only for Services that Contractor is required to perform, and has performed in accordance with, this Agreement before the effective date of termination; (B) Contractor shall submit an invoice within 30 days of the effective date of termination; (C) Sections 2.2 and 2.3 shall apply to Contractor’s invoice and FCSS’ payment under this Subsection; and (D) upon FCSS’ payment, if any has been invoiced by Contractor and is due to Contractor, FCSS is not obligated to make any further payment to Contractor, whether pursuant to contract, law, or equity. SECTION 3.3 SUSPENSION OF SERVICES. Despite any contrary provision in this Agreement, FCSS shall have the right to suspend, delay, or interrupt any or all Services at any time during the Contract Term by providing written notice to Contractor at least 15 days before the date on which the suspension, delay, or interruption is to begin, and stating the beginning and ending dates thereof (“Suspension Period”). Unless the Parties agree otherwise in writing, the following shall apply upon FCSS’ exercise of the rights under this Section: (A)Contractor shall suspend, delay, or interrupt such Services as stated in FCSS’ notice but shall continue to perform all other Services; (B) Contractor shall not be entitled to any compensation for Services that Contractor would have been required to perform under this Agreement but did not perform during the Suspension Period, and the Contract Amount shall be adjusted to deduct the amount of such compensation and such adjustment shall be set forth in an amendment executed by the Parties; (C) Contractor shall not be entitled to any damage, loss, or cost arising out of, resulting from, or relating to FCSS’ exercise of its right under this Section or the Suspension Period; (D) Contractor shall resume performance of the suspended Services on the next business day following the last day of the Suspension Period; and (E) the Contract Term shall remain the same. SECTION 3.4 FORCE MAJEURE. A Party is not liable for failing to perform or delaying performance of this Agreement due to events that are beyond the Party’s reasonable control and occurring without its fault or negligence, for example, acts of God such as tornadoes, lightning, earthquakes, hurricanes, floods, or other natural disasters (collectively “Force Majeure”), provided that the Party has promptly notified the other Party in writing of the occurrence of the Force Majeure, except that a Force Majeure shall not excuse FCSS’ payment to Contractor of any portion of the Contract Amount that is due to Contractor where Contractor has performed, in accordance with this Agreement, the Services for which payment is requested, and submitted an invoice and supporting information as required on the Cover and Section 2.2. Contractor shall not receive any payment for Services that Contractor did not perform during the period in which the Force Majeure occurred. ARTICLE 4 INSURANCE. SECTION 4.1 REQUIRED INSURANCE. Contractor, at its cost unless stated otherwise on the Cover, shall maintain in effect insurance as marked on the Cover and complying, at a minimum, with the applicable requirements stated below. If Contractor is a California public agency, the required coverage may be through self-insurance. FCSS, in its sole discretion, may waive in writing any requirement in this Article; however, FCSS’ failure to insist or request that Contractor comply with such requirements shall not constitute a waiver on FCSS’ part. FCSS reserves the right to reject any insurance and/or to require that Contractor obtain insurance through an insurer satisfactory to FCSS. ________________________________________________________________________________________________________________ Doc# 10903-19, rev. COUNTY OF FRESNO 9/2020 Pa ge | 7 4.1.1 Commercial General Liability, in effect during the Contract Term, coverage for property damage, bodily injury, and personal and advertising injury with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. This insurance shall contain a blanket additional insured endorsement or be endorsed to name the Fresno County Superintendent of Schools and the Fresno County Board of Education and their officers, employees, agents, and volunteers as an additional insured. 4.1.2 Workers Compensation in accordance with California laws and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident, both of which shall be in effect during the Contract Term. 4.1.3 Commercial Automobile Liability, in effect during the Contract Term, with limits per accident not less than the amount stated on the Cover and providing coverage, at a minimum, for non-owned and hired autos and, if there are any autos owned by Contractor, then also covering owned autos. 4.1.4 Professional Liability, in effect during the Contract Term and three years thereafter, with limits of not less than $1,000,000 per claim and $2,000,000 general aggregate, written on a claims-made basis. The obligation to maintain this insurance shall survive the termination of this Agreement. SECTION 4.2 PROOF AND NOTICE; DEDUCTIBLE OR SELF-INSURED RETENTION. Contractor shall provide to FCSS: (A) as required on the Cover and from time to time as FCSS may request, written proof satisfactory to FCSS of the existence of the insurance required of Contractor, including any required endorsement; (B) upon FCSS’ request, a copy of the insurance policy and/or other evidence of insurance satisfactory to FCSS; (C) no later than 15 days before the date on which a required insurance expires, written proof of renewal of the insurance, including any required endorsement; and (D) written notice within two business days of the occurrence of any of the following: (1) any required insurance is cancelled or non-renewed, (2)notice from the insurer that the insurer intends to or will cancel or non-renew the insurance, and/or limit, restrict, or reduce Contractor’s insurance coverage such that the insurance does not comply with the requirements in Section 4.1, or (3) any required insurance’s policy limits have been reduced below those required in Section 4.1. Contractor shall disclose any deductible or self-insured retention for any of the required insurance. FCSS reserves the right to require that such deductible or self-insured retention be eliminated or reduced, that Contractor obtain a bond or other security guaranteeing payment of losses and costs within the limits of the deductible or self-insured retention, or that Contractor provide other assurances satisfactory to FCSS. Contractor’s obligation to provide written proof of the insurance required under Section 4.1 shall survive the termination of this Agreement. ARTICLE 5 INDEMNITY. The indemnity provision of the Fingerprinting Certification, the Sole Proprietor Fingerprinting Addendum, and/or the TB Certification, to the extent such document(s) is/are applicable as indicated on the Cover, shall govern to the extent provided therein. In all other respects relating to this Agreement, each Party’s indemnity, defense, and hold harmless obligations to the other Party under or related to this Agreement shall be governed solely by the provisions of this Article. A Party (“Indemnitor”) shall: (A) indemnify and hold harmless the other Party (“Indemnitee”) to the full extent permitted by California laws for any Loss sustained by Indemnitee or a Third Party only in proportion to Indemnitor’s liability based on a Final Determination; and (B) defend and pay for all of Indemnitor’s attorney’s fees and litigation costs related to any Claim or Loss without any right against or from the Indemnitee for indemnity and/or hold harmless of such costs and fees, or any right for defense. A Party who intends to seek or seeks indemnity and/or hold harmless for any Loss from the other Party shall notify the other Party in writing and within a reasonable time after the Party knows or becomes aware of any Claim that may or will result in a Loss, describing, if known or determinable, the pertinent circumstances, all entities and persons involved, and the amount being claimed. A Party’s obligations under this Article are not limited to or by any insurance that it maintains or the lack of insurance but apply to the full extent permitted by California laws, and shall survive the termination of this Agreement. “Claim” means any claim, demand, lawsuit, cause of action, action, cross-complaint, cross-action, and/or proceeding arising out of, resulting from, or relating to this Agreement where there has been no Final Determination. “Loss” means any bodily injury, property damage, personal injury, advertising injury, liability, loss, damage, judgment, expense, and/or cost (excluding attorney’s fees and litigation costs that a Party or a Third Party incurred or paid related to a Loss or Claim) arising out of, resulting from, or relating to this Agreement and for which there has been a Final Determination that a Party is or both Parties are liable. “Third Party” means a person who or an entity that is not any of the following: (A) a Party; (B) an owner, director, officer, employee, or agent of Contractor; (C) an employee, agent, or volunteer of FCSS or a member, officer, or agent of the Fresno County Board of Education; or (D) contracted with (whether directly or through a subcontract of any level) or otherwise retained by a Party to act for or on the Party’s behalf. “Final Determination” means any judgment, order, or decision, each a “Determination,” by a court of ________________________________________________________________________________________________________________ Doc# 10903-19, rev. COUNTY OF FRESNO 9/2020 Pa ge | 8 competent jurisdiction or a governmental entity with jurisdiction to render the Determination where the Determination is not subject to appeal or the period for an appeal has expired. ARTICLE 6 DISPUTE RESOLUTION. The Parties shall meet and confer in good faith to resolve any dispute between them arising out of, resulting from, or relating to this Agreement, including any Claim or Loss for which a Party seeks indemnity pursuant to Article 5 and any dispute relating to this Agreement that arises or occurs after the termination of this Agreement. During any dispute, FCSS’ decision, for the time being, shall prevail and Contractor shall perform this Agreement as FCSS directs without prejudice to a Final Determination, as this term is defined in Article 5. During a dispute regarding payment under this Agreement, FCSS shall pay Contractor the amount that is undisputed and due to Contractor; if a disputed amount is determined in a Final Determination to be due to Contractor, FCSS shall pay such amount to Contractor within 30 days of the date of the Final Determination, unless a different date is stated in the Final Determination or in an agreement executed by the Parties, in which case, FCSS shall pay Contractor in accordance therewith. Except for an action to preserve the status quo and/or prevent irreparable harm, a Party shall not commence any cause of action, action, lawsuit, or proceeding arising out of, resulting from, or relating to this Agreement until after the Party has complied with the provisions of this Article. The provisions of this Article shall survive the termination of this Agreement. ARTICLE 7 GENERAL PROVISIONS. SECTION 7.1 ENTIRE AGREEMENT, CONFLICT, EXECUTION, AMENDMENT, AND WAIVER. This Agreement is a complete and exclusive statement of the Parties’ agreement under Code of Civil Procedure section 1856. This Agreement consists of, and any conflict or inconsistency in this Agreement shall be resolved by giving precedence as follows: Cover, General Terms and Conditions, exhibit or attachment stated in this Agreement as being a part of this Agreement, and the Required Documents. The Parties may execute this Agreement and any amendment in counterparts such that each Party’s signature is on a separate page. A copy or an original of this Agreement or an amendment with the Parties’ signatures, whether original or transmitted by electronic means, shall be deemed a fully executed contract. The Parties may amend or waive any provision of this Agreement only by a writing executed by them. SECTION 7.2 INTERPRETATION; APPLICABLE LAWS AND TIME ZONE; VENUE; SEVERABILITY; AND SURVIVAL OF TERMINATION. If there is uncertainty of any language in this Agreement, the Parties agree that Civil Code section 1654 shall not apply to interpret the uncertainty. The language of this Agreement shall be interpreted according to its fair meaning and not strictly for or against any Party and under California laws without giving effect to California’s choice of law provisions that may result in the application of the laws of another jurisdiction. All dates and times stated in this Agreement shall be according to Pacific Time. All causes of action, actions, lawsuits, and proceedings arising out of, resulting from, or relating to this Agreement shall be adjudicated in state or federal court in Fresno County, California, provided that FCSS does not hereby waive any immunity to suit. If a court of competent jurisdiction holds any provision of this Agreement void, illegal, or unenforceable, this Agreement shall remain in full force and effect and shall be interpreted as though such invalidated provision is not a part of this Agreement and the remaining provisions shall be construed to preserve the Parties’ intent in this Agreement. Any provision in this Agreement that by its nature applies after, or is specifically stated to survive, the termination of this Agreement shall survive the termination of this Agreement. SECTION 7.3 INDEPENDENT CONTRACTOR, ASSIGNMENT, TRANSFER, AND SUBCONTRACT. Contractor is an independent contractor, and it and its officers, employees, and agents are not, and shall not represent themselves as, officers, employees, or agents of FCSS. This Agreement does not and shall not be construed to create an employment or agency relationship, partnership, or joint venture between the Parties. Contractor and its officers, employees, agents, and any other person performing services for or on behalf of Contractor shall not have any right or claim against FCSS for wages or employee compensation, social security benefits, workers compensation benefits, health benefits, vacation, sick leave, or other employee benefits. Contractor shall not assign or transfer any or all of its obligations and/or rights under this Agreement, including by operation of law or change of control or merger, without FCSS’ prior written consent. Unless stated on the Cover, Contactor shall not subcontract with any third party to perform some or all of the Services required of Contractor. SECTION 7.4 NOTICES. Except as may be stated otherwise in this Agreement in which case such provision shall govern to the extent provided therein, each Party shall give any notices, demands, and all other communications required or permitted under this Agreement in writing and by one of the following methods to the other Party at its address and/or email stated on the Cover, delivery to be effective upon receipt thereof by the other Party: (A) hand delivery; (B) sent by a reputable overnight courier service that tracks the delivery; (C) ________________________________________________________________________________________________________________ Doc# 10903-19, rev. COUNTY OF FRESNO 9/2020 Pa ge | 9 ________________________________________________________________________________________________________________ Doc# 10903-19, rev. COUNTY OF FRESNO 9/2020 Pa ge | 10 sent by certified mail, return receipt requested, postage prepaid; or (D) sent by regular mail and transmitted by e-mail; and, if to FCSS, a copy of any notice and demand by email to: Legal Services at legalservices@fcoe.org. A Party may change its contact person and/or contact information stated on the Cover by notifying the other Party of the particular change and the effective date thereof in accordance with this Section. The provisions of this Section shall survive the termination of this Agreement. / / EXHIBIT 1 1 2 3 4 5 6 7 8 Fiscal Year 2020-21 9 10 11 135,256 12 101,324 13 10,347 14 246,927 15 16 0 17 0 18 0 19 20 0 21 0 22 0 23 0 24 18,273 25 26 265,200 27 28 29 A.Leveraged 37,252 County of Fresno, Department of Public Health Early Stars 07/01/20 - 06/30/22 IV. Professional Services VI. Indirect Costs VII. Other Funding I. Personnel A. Salaries B. Benefits C. Taxes Total Personnel II. Operating Expenses A. Facilities Costs B. Operational/Supplies Total Program Total Operating Expenses III. Program Expenses B. Materials Total Program Expenses Quality Early Learning and Care Category Agency Name: Project Name: Contract Term: Contract Number: A. Training, Transportation Quality Early Learning and Care 1 Agency Name:Contract Term: 2 Project Name:Contract Number: 3 4 5 6 7 Title FTE Amount Title FTE Amount 8 Public Health Nurse II 0.84 49,092 Public Health Nurse II 0.16 9,425 9 Public Health Nurse II 0.84 86,164 Public Health Nurse II 0.16 9,574 10 11 1.68 135,256 0.32 18,999 - - 12 B. Benefits 74.913% 13 C. Taxes 7.65% 14 15 Justification of Benefits & Taxes: 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Program Totals 31 32 A. Personnel Total @ %7.400% 33 34 Total Proposed Budget 265,200 37,252 - Narrative/Justification: Fresno County Department of Public Health’s indirect cost rate is 22.674% of the total personnel costs, prepared following OMB’s 2 CFR Part 200 guidelines and approved by County of Fresno’s Auditor-Controller/Treasure-Tax Collector Department. Lower rate applied to remain within FCSS funding allocation. VI. Indirect 18,273 2,567 - 246,927 34,685 - Subtotal - - - Narrative/Justification: Narrative/Justification: IV. Professional Services (Contracts, MOU's, Sub agreements, etc.) Subtotal - B. Materials - - Operating Expenses Subtotal - - - A. Training, Transportation - - B. Operational/Supplies - - III. Program Expenses Narrative/Justification: Narrative/Justification: A. Facilities Costs - - II. Operating Expenses Estimated benefits rates reflect Unemployment Insurance (.002068), Retirement (.572-.7077), OASDI (.0765), Health Insurance ($8,943- $11,941 per FTE per year) and Benefits Administration ($113 per FTE per year). Personnel Subtotal 246,927 34,685 - 101,324 14,233 - 10,347 1,453 - I. Personnel A. Total Salaries & FTE FCSS Requested Amounts FY 2020-21 Leveraged Fiscal Year 07/01/20 - 06/30/21 Fiscal Year 07/01/20 - 06/30/21 County of Fresno, Department of Public Health 07/01/2020-06/30/2022Early Stars 0 A B C Revised 12/16/2020 2 of 2 1 2 3 4 5 6 7 8 Fiscal Year 2021-22 9 10 11 170,320 12 125,011 13 13,029 14 308,360 15 16 0 17 607 18 607 19 20 4,748 21 200 22 4,948 23 5,000 24 21,085 25 26 340,000 27 28 29 A.Leveraged 49,889 VII. Other Funding II. Operating Expenses A. Facilities Costs B. Operational/Supplies Total Operating Expenses III. Program Expenses A. Training, Transportation B. Materials Total Program Expenses IV. Professional Services VI. Indirect Costs Total Program Total Personnel Contract Term: 07/01/20 - 06/30/22 Contract Number: Category I. Personnel A. Salaries B. Benefits C. Taxes Quality Early Learning and Care Agency Name: County of Fresno, Department of Public Health Project Name: Fresno County Early Stars Program Quality Early Learning and Care EXHIBIT 2 2020/2021 Fiscal Year Scope of Work 2021/2022 Fiscal Year Scope of Work TRAINING Facilitate 5 workshops of 3 hours each for a total of 15 hours of training annually. Training may be facilitated in-person or remotely via video conference as permitted, focusing on health/safety in the child care setting for young children (ages 0-5) Approximately 40 providers per training will attend one 3- hour long session. A total of 200 providers will be trained annually which may include duplicates. These trainings have a capacity of 200 providers annually, however this number may be reduced if a provider attends multiple trainings. COACHING Coaching focusing on health/safety for young children (ages 0-5) in the child care setting. Coaching will be provided on a one-on-one basis or site- wide group setting in-person or remotely via video conference, telephone and/or email as permitted. Topics may include health and safety (hand washing, communicable disease, diapering procedures, etc.) standards aligned with the QRIS. 53 (average 2.5 teachers per center X 53=133 teachers) centers and 12 family child care sites (average 1 teacher per home = 12 teachers) will receive at least one in-person, videoconference, telephone or email technical assistance visit per year (65 sites total). Total number of providers (individuals) served: 145. Visits will be a minimum of 30 minutes. Dosage varies based on need; minimum of once per year though many will receive multiple DPH services. TRAINING Facilitate 8 workshops of 3 hours each for a total of 24 hours of training annually. Training may be facilitated in-person or remotely via video conference as permitted, focusing on health/safety in the child care setting for young children (ages 0-5) Approximately 40 providers per training will attend one 3- hour long session. A total of 320 providers will be trained annually which may include duplicates. These trainings have a capacity of 320 providers annually, however this number may be reduced if a provider attends multiple trainings. COACHING Coaching focusing on health/safety for young children (ages 0-5) in the child care setting. Coaching will be provided on a one-on-one basis or site- wide group setting in-person or remotely via video conference telephone and/or email as permitted. Topics may include health and safety (handwashing, communicable disease, diapering procedures, etc.) standards aligned with the QRIS. 73 (average 2.5 teachers per center X 73=182.5 teachers) centers and 17 family child care sites (average 1 teacher per home = 17 teachers) will receive at least one in-person technical assistance visit per year (90 sites total). Total number of providers (individuals) served: 200. Visits will be a minimum of 30 minutes. Dosage varies based on need; minimum of once per year though many will receive multiple DPH services. Documentation 1.Complete coaching notes for each site visit and log communication exchanges between coaches and the sites, using the designated Early Stars Database within 48 hours. a.Coaching notes must depict discussion between the coach and coachee(s) in detail. b.Coaching notes must depict progress towards working on quality improvement goals set forth by the quality improvement plans developed between the site personnel and the Fresno County Early Stars personnel. 2.Submit aggregate data reports as requested by FCSS using the designated data system on a quarterly basis by the 15th of the month following the end of each quarter. 3.Submit a brief quarterly narrative showcasing success and challenges to Fresno County Early Stars Program Coordinator by the fifth of the month following the end of each quarter. Coaching Competencies 1.Coaches must attend coaching professional learning community meetings coordinated by FCSS. 2.Coaches must participate in training opportunities, as they become available, and adopt Coaching Competencies, developed by CDE/EESD/First 5 CA, when they become available, as part of the coaches’ practice. 3.Cost associated with training for coaches will be the responsibility of contractor. ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of Fresno , State of California By d .l\o.. r~ Deputy FINGERPRINTING AND CRIMINAL BACKGROUND CHECK CERTIFICATION [Use with non-construction contract] Contractor: County of Fresno DOJ-issued ORI No .: _____ _ Pursuant to Education Code sections 45125 .1 and/or 49024, the Fresno County Superintendent of Schools ("FCSS") has determined that Contractor will or may have more than limited contact with students while performing the contract between FCSS and Contractor ("Contract") and that Contractor will not be performing work in an emergency or exceptional situation . Therefore, before Contractor, if an individual , and its employees may commence any services under the Contract, Contractor must complete, sign , and submit this Certification to FCSS. Upon being submitted to FCSS, this Certification shall become a part of the Contract and shall be effective throughout the term of the Contract and any period of extension or renewal thereof ("Contract Term") and as provided in this Certification . "Employee" includes Contractor's officers , employees, volunteers, and any other persons who Contractor employs or retains to perform any services under the Contract. Contractor (if an individual) and each employee shall comply , as applicable, with one of the following before commencing any services under the Contract: 1. FINGERPRINTING AND CRIMINAL BACKGROUND CHECK CLEARANCE . Contractor (if an individual) and each employee who will provide services under the Contract and who will or may have contact with students shall complete the fingerprinting and criminal background check required by Education Code section(s) 45125 .1 and/or 49024, and shall have no conviction of and no pending criminal proceeding for any violent felony listed in Penal Code section 667 .5(c) or any serious felony listed in Penal Code section 1192.?(c) (each referred to as "Felony") as initially ascertained by the California Department of Justice and the Federal Bureau of Investigation or in subsequent arrest notifications issued by either agency . 2. ACTIVITY SUPERVISOR CLEARANCE CERTIFICATE . Contractor will be working with students in scholastic programs, interscholastic programs, or extracurricular activities sponsored by FCSS , a school district , or school booster club (Education Code section 49024). Therefore , Contractor shall submit an Activity Supervisor Clearance Certificate issued by the Commission on Teacher Credentialing ("CTC") for Contractor (if an individual) and for each employee who will provide services under the Contract. At FCSS' request , Contractor shall provide FCSS with a list of the names of employees who provide services under the Contract and have complied with the fingerprinting and criminal background check clearance or a copy of each employee 's Activity Supervisor Clearance Certificate . During the Contract Term, Contractor shall immediately remove any employee who has or may have contact with students from performing any services under the Contract where the employee has been convicted of or has a criminal proceeding pending for any Felony or CTC has suspended or revoked the employee 's Activity Supervisor Clearance Certificate. Contractor shall defend , indemnify, and hold harmless FCSS , the Fresno County Board of Education, and their officers, employees , volunteers, and agents against any claims, demands , lawsuits , causes of action, actions, cross-complaints , cross-actions, proceedings , bodily injuries, property damages, liabilities, losses, judgments, expenses , and costs, including attorney's fees and costs, resulting from, arising out of, or caused by Contractor's failure to comply with any term or condition of this Certification and/or applicable laws . These defense, indemnity , and hold harmless obligations shall survive termination of the Contract and are not limited to or by any insurance that Contractor maintains or the lack of insurance but apply to the full extent permitted by California laws . The undersigned represents that he or she is authorized to execute on behalf of and to bind Contractor to this Certification and certifies under penalty of perjury under the laws of the State of California that the representations made in this Certification are true and correct and shall remain true and correct throughout the Contract Term . A co r original of this Certification with Contractor's signature , whether original or transmitted by electronic means inding upon Contractor. Signature: ___ -11'--_..'------------- Print Name: Steve Brandau ----·-------····-- Date : 4 \ \?) \~\ Chairman of the Board of Supervisors Title : of the County of Fresno FCOE FORM 208: Fingerprinting and Criminal Background Check Certification (Doc# 24883 -3 rev . 03/2014) Page 1 of 3 ________________________________________________________________________________________________________________________ FCOE FORM 208: Fingerprinting and Criminal Background Check Certification (Doc# 24883-3 rev. 03/2014) Page 2 of 3 EXHIBIT A Contractor is solely responsible for complying with all applicable laws, and therefore, shall have knowledge of all applicable laws. The excerpts below from the California Education Code and Penal Code are provided to assist Contractor, and may not be relied upon by Contractor, to comply with applicable laws. Contractor may obtain information, instructions, and forms required for fingerprints and criminal background checks from the California Department of Justice’s website: http://ag.ca.gov/fingerprints/agencies.php. EDUCATION CODE § 45125.1 -- FINGERPRINTING CERTAIN EMPLOYEES (a)Except as provided in subdivisions (b) and (c), if the employees of any entity that has a contract with a school district . . . to provide any of the following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application: (1) School and classroom janitorial. (2) Schoolsite administrative. (3) Schoolsite grounds and landscape maintenance. (4) Pupil transportation. (5) Schoolsite food-related. (b)This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. . . . (d)A school district may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (a) or those described in Section 45125.2 and the entity's employees to comply with the requirements of this section, unless the school district determines that the employees of the entity will have limited contact with pupils. . . . If a school district requires an entity providing services other than those listed in subdivision (a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision. (e)(1) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the department shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the department shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or electronic mail to the employer. . . . (f)An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1. (1)This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (2)This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is resident. (g)An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall certify in writing to the school district that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Section 45122.1. . . . EDUCATION CODE 49024 -- ACTIVITY SUPERVISOR CLEARANCE CERTIFICATE REQUIRED; PUPIL ACTIVITY PROGRAM; EXCEPTIONS; TEMPORARY CERTIFICATES; INAPPLICABILITY WHERE CRIMINAL BACKGROUND CHECK REQUIRED (a)Prior to assuming a paid or volunteer position to work with pupils in a pupil activity program sponsored by a school district, all noncertificated candidates shall obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing pursuant to subdivision (f) of Section 44258.7. (b)A pupil activity program sponsored by a school district includes, but is not limited to, scholastic programs, interscholastic programs, and extracurricular activities sponsored by a school district or school booster club, including, but not limited to, cheer team, drill team, dance team, and marching band. (c)Volunteer supervisors for breakfast, lunch, or other nutritional periods pursuant to Sections 44814 and 44815, and nonteaching volunteer aides, as defined in Section 35021, under the immediate supervision and direction of certificated personnel of the district, shall not be required to obtain an Activity Supervisor Clearance Certificate. For purposes of this section, a nonteaching volunteer aide includes a parent volunteering in a classroom or on a field trip or a community member providing noninstructional services. (d)Candidates may be issued a temporary certificate in accordance with Sections 44332 and 44332.5 while the application is being processed. ________________________________________________________________________________________________________________________ FCOE FORM 208: Fingerprinting and Criminal Background Check Certification (Doc# 24883-3 rev. 03/2014) Page 3 of 3 (e)This section does not apply to a candidate who is required by the school district to clear a Department of Justice and Federal Bureau of Investigation criminal background check prior to beginning the paid or volunteer activities described in subdivision (a). . . . PENAL CODE § 667.5 -- ENHANCEMENT OF PRISON TERMS FOR NEW OFFENSES . . . (c)For the purpose of this section, "violent felony" shall mean any of the following: (1)Murder or voluntary manslaughter. (2)Mayhem. (3)Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. (4)Sodomy as defined in subdivision (c) or (d) of Section 286. (5)Oral copulation as defined in subdivision (c) or (d) of Section 288a. (6)Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7)Any felony punishable by death or imprisonment in the state prison for life. (8)Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. (9)Any robbery. (10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder. (13) A violation of Section 12308, 12309, or 12310. (14) Kidnapping. (15) Assault with the intent to commit a specified felony, in violation of Section 220. (16) Continuous sexual abuse of a child, in violation of Section 288.5. (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code. (20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code. (21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary. (22) Any violation of Section 12022.53. (23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society's condemnation for these extraordinary crimes of violence against the person. . . . PENAL CODE § 1192.7 -- LIMITATION OF PLEA BARGAINING . . . (c)As used in this section, "serious felony" means any of the following: (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon; (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 12034; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision. . . . TUBERCULOSIS CERTIFICATION Contractor: County of Fresno Pursuant to Education Code sections 49406 , the Fresno County Superintendent of Schools ("FCSS") has determ ined that Contractor will be performing services that may include frequent or prolonged contact with pupils . Therefore , before Contractor , if an indiv idual , and its employees may commence any services under the contract between FCSS and Contractor ("Contract"), Contractor and such employees are required to have been examined and determined within four years of the effective date of the Contract to be free of active tuberculosis . The examination must consist of either an approved intradermal tuberculin test or other tests for tuberculosis infection that are recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration , which , if positive , must be followed by an x-ray of the lungs . A tine test is not acceptable . If an individual has previously tested positive for tuberculosis infection, no tuberculin skin test is required . Instead and unless specifically exempted by applicable laws, the individual must obtain an x-ray of the lungs conducted by a competent and qualified x- ray technician and interpreted by a licensed physician and surgeon . Contractor must complete , sign , and submit this Certification to FCSS before Contractor performs any services under the Contract. Upon being submitted to FCSS , this Certification shall become a part of the Contract and shall be effective throughout the term of the Contract and any period of extension or renewal thereof ("Contract Term") and as provided in this Certification . At FCSS ' request , Contractor shall provide FCSS with documentation showing that Contractor , if an individual , and each employee providing services under the Contract have complied with the requirements in this Certificate . The term "employee," as used in this Certificate , includes Contractor's officers , employees , volunteers, and any other persons who Contractor employs or retains to perform any services under the Contract. During the Contract Term , if any employee providing services under the Contract is determined to have active tuberculosis, Contractor shall immediately remove the employee from performing services under the Contract that may include frequent or prolonged contact with pupils . Contractor shall defend, indemnify, and hold harmless FCSS and the Fresno County Board of Education and their officers, employees , volunteers , and agents against any claims , demands , lawsuits , causes of action , actions , cross-complaints , cross-actions , proceedings , bodily injuries , property damages , liabilities, losses , judgments, expenses, and costs , including attorney's fees and costs , resulting from , arising out of, or caused by Contractor's failure to comply with any term or condition of this Certification or applicable laws . These obligations shall survive the termination of this Agreement and are not limited to or by any insurance that Contractor maintains or the lack of insurance but apply to the full extent permitted by California laws . The undersigned represents that he or she is authorized to execute on behalf of, and to commit and bind, Contractor to this Certification and certifies under penalty of perjury under the laws of the State of California that the representations made in this Certification are true and correct and shall remain true and correct throughout the Cont r. c Term . A copy or original of this Certification with Contractor's signature, whether original or transmitt electronic means , is binding upon Contractor. Signature : _ _.__...,_ __ -=------------ Print Name: Steve Brandau ATTEST: FCOE FORM 209: Tuberculosis Certification (Doc# 11772-3 , rev . 03/2014 ) Date : 4 \ \3 ) 102J Chairm an o f the Bo ard of Sup ervi sors Title : of the County of Fres no Page 1 of 1 Fresno County Superintendent of Schools Name/No: Fresno County Early Stars Quality Early Learning and Care Fund/Subclass: 0001/10000 Organization: 56201677 Account: 3530