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HomeMy WebLinkAboutFresno County Superintendent of Schools-Nutrition Education Services_A-16-698.pdf Agreement No. 16-698 1 AGREEMENT 2 THIS AGREEMENT is made and entered into this 13th day of December , 2016, 3 by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, 4 hereinafter referred to as "COUNTY", and FRESNO COUNTY SUPERINTENDENT OF 5 SCHOOLS, a California Educational Organization, whose address is 1111 Van Ness Avenue, Fresno, 6 California, 93721, hereinafter referred to as "CONTRACTOR". 7 WITNESSETH: 8 WHEREAS, COUNTY, through its Department of Public Health, is in need of a qualified 9 agency to provide nutrition education in schools and afterschool programs; to provide a measurable 10 impact in target communities; and to provide integrated, layered, community-driven interventions 11 under the Department's Nutrition Education and Obesity Prevention (NEOP)program; and 12 WHEREAS, CONTRACTOR, has the facilities, equipment and personnel skilled in the 13 provision of such services; and 14 WHEREAS, CONTRACTOR, is qualified and is willing to provide such services, pursuant to 15 the terms and conditions of this Agreement. 16 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties 17 hereto agree as follows: 18 1. RESPONSIBILITIES 19 A. CONTRACTOR shall perform all services and fulfill all responsibilities as 20 identified in COUNTY's Request for Proposal (RFP)No. 17-018 dated September 26, 2016, 21 Addendum No. One (1) to RFP No. 17-018 dated October 12, 2016 (collectively referred to herein as 22 COUNTY's Revised RFP), and CONTRACTOR's Response to said Revised RFP dated October 21, 23 2016,both incorporated herein by reference and made part of this Agreement. In the event of any 24 inconsistency among these documents, the inconsistency shall be resolved by giving precedence in the 25 following order of priority: (1)to this Agreement; (2)to the Revised RFP; (3)to the Response to RFP. 26 A copy of COUNTY's RFP No. 17-018 and CONTRACTOR's Response shall be retained and made 27 available during the term of this Agreement by COUNTY's General Services Department, Purchasing 28 Division. - 1 - COUNTY OF FRESNO Fresno,CA 1 B. CONTRACTOR shall perform all services and fulfill all responsibilities 2 identified in Exhibit A, attached hereto and by this reference incorporated herein. 3 2. TERM 4 This Agreement shall become effective on January 1, 2017 and shall terminate on the 5 301h day of September, 2019. This Agreement may be extended for two (2) additional consecutive 6 twelve (12) month periods upon the same terms and conditions herein set forth upon written approval 7 of both parties no later than thirty(30) days prior to the first day of the next twelve (12) month 8 extension period. The Department of Public Health Director or designee is authorized to execute such 9 written approval on behalf of COUNTY based on CONTRACTOR's satisfactory performance and 10 available funding. 11 3. TERMINATION 12 A. Non-Allocation of Funds - The terms of this Agreement, and the services to be 13 provided thereunder, are contingent on the approval of funds by the appropriating government agency. 14 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement 15 terminated at any time by giving CONTRACTOR thirty(30) days advance written notice. 16 B. Breach of Contract - COUNTY may immediately suspend or terminate this 17 Agreement in whole or in part, where in the determination of COUNTY there is: 18 1) An illegal or improper use of funds; 19 2) A failure to comply with any term of this Agreement; 20 3) A substantially incorrect or incomplete report submitted to COUNTY; 21 4) Improperly performed service. 22 In no event shall any payment by COUNTY constitute a waiver by COUNTY of any 23 breach of this Agreement or any default which may then exist on the part of CONTRACTOR. Neither 24 shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach 25 or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to COUNTY 26 of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of COUNTY 27 were not expended in accordance with the terms of this Agreement. CONTRACTOR shall promptly 28 refund any such funds upon demand or, at COUNTY's option, such repayment shall be deducted from - 2 - COUNTY OF FRESNO Fresno,CA 1 future payments owing to CONTRACTOR under this Agreement. 2 C. Without Cause -Under circumstances other than those set forth above, this 3 Agreement may be terminated by COUNTY upon the giving of thirty(30) days advance written notice 4 of an intention to terminate to CONTRACTOR. 5 4. COMPENSATION 6 A. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive 7 compensation at the rates as identified in Exhibit B, attached hereto and incorporated herein by this 8 reference. For the period of January 1, 2017 through and including September 30, 2017, in no event 9 shall actual services performed under this Agreement be in excess of Two Hundred Ten Thousand and 10 No/100 Dollars ($210,000.00). For the period of October 1, 2017 through and including September 30, 11 2018 and each subsequent renewal year thereafter, in no event shall actual services performed under 12 this Agreement be in excess of Two Hundred Fifty-Two Thousand and No/100 Dollars ($252,000.00). 13 It is understood that all expenses incidental to CONTRACTOR's performance of actual services under 14 this Agreement shall be borne by CONTRACTOR. 15 B. Payments by COUNTY shall be in arrears, for services provided during the 16 preceding month,within forty-five (45) days after receipt and verification of CONTRACTOR's 17 invoices by COUNTY's Department of Public Health. If CONTRACTOR should fail to comply with 18 any provision of this Agreement, COUNTY shall be relieved of its obligation for further 19 compensation. 20 C. COUNTY shall not be obligated to make any payments under this Agreement if 21 the request for payment is received by the COUNTY more than forty-five (45) days after the end of 22 the Federal Fiscal Year. 23 D. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive 24 compensation based on actual expenditures incurred by CONTRACTOR for monthly program costs in 25 accordance with the budget identified in Exhibit B. 26 E. CONTRACTOR shall be held financially liable for any and all future 27 disallowances/audit exceptions due to CONTRACTOR's deficiency discovered through the State 28 audit process. At COUNTY'S election, the disallowed amount will be remitted within forty-five (45) - 3 - COUNTY OF FRESNO Fresno,CA 1 days to County upon notification or shall be withheld from subsequent payments to CONTRACTOR. 2 5. INVOICING 3 CONTRACTOR shall invoice COUNTY monthly, by the thirtieth(301h) day of each 4 month for the prior month's expenditures, addressed to the County of Fresno, Department of Public 5 Health, OPPC-NEOP, P.O. Box. 11867, Fresno, CA 93775, Attention: OPPC-NEOP Staff Analyst. 6 Invoices shall detail line items as specified in Exhibit B, including original budget amount(s), current 7 month's expenses, year-to-date expenses, and budget balances. In addition, invoices shall also include 8 all relevant supporting documentation including but not limited to copies of original statements, 9 program expense receipts,payroll records and mileage claims. 10 6. INDEPENDENT CONTRACTOR 11 In performance of the work, duties, and obligations assumed by CONTRACTOR under 12 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of 13 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an 14 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, 15 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have 16 no right to control or supervise or direct the manner or method by which CONTRACTOR shall 17 perform its work and function. However, COUNTY shall retain the right to administer this 18 Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the 19 terms and conditions thereof CONTRACTOR and COUNTY shall comply with all applicable 20 provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction 21 over matters which are directly or indirectly the subject of this Agreement. 22 Because of its status as an independent contractor, CONTRACTOR shall have 23 absolutely no right to employment rights and benefits available to COUNTY employees. 24 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees 25 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and 26 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees, 27 including compliance with Social Security, withholding, and all other regulations governing such 28 matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be - 4 - COUNTY OF FRESNO Fresno,CA 1 providing services to others unrelated to the COUNTY or to this Agreement. 2 7. MODIFICATION 3 Any matters of this Agreement may be modified from time to time by the written 4 consent of all the parties without, in any way, affecting the remainder. Notwithstanding the above, 5 changes to line items in the budget, attached hereto as Exhibit B, that do not exceed ten percent(10%) 6 of the maximum compensation payable to the CONTRACTOR may be made with written approval of 7 COUNTY's Department of Public Health Director or designee and the designee of the California 8 Department of Public Health. 9 8. NON-ASSIGNMENT 10 Neither party shall assign, transfer or subcontract this Agreement nor their rights or 11 duties under this Agreement without the prior written consent of the other party. 12 9. HOLD-HARMLESS 13 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's request, 14 defend the COUNTY, its officers, agents and employees from any and all costs and expenses, 15 including attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to 16 COUNTY in connection with the performance, or failure to perform,by CONTRACTOR, its officers, 17 agents or employees under this Agreement, and from any and all costs and expenses, including 18 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any 19 person, firm or corporation who may be injured or damaged by the performance, or failure to perform, 20 of CONTRACTOR, its officers, agents or employees under this Agreement. 21 COUNTY agrees to indemnify, save, hold harmless, and at CONTRACTOR's request, 22 defend the CONTRACTOR, its officers, agents and employees from any and all costs and expenses, 23 including attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to 24 CONTRACTOR in connection with the performance, or failure to perform, by COUNTY, its officers, 25 agents or employees under this Agreement, and from any and all costs and expenses, including 26 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any 27 person, firm or corporation who may be injured or damaged by the performance, or failure to perform, 28 of COUNTY, its officers, agents or employees under this Agreement. - 5 - COUNTY OF FRESNO Fresno,CA 1 10. INSURANCE 2 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR 3 or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the 4 following insurance policies throughout the term of this Agreement: 5 A. Commercial General Liability 6 Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million 7 Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverage including completed operations, 8 product liability, contractual liability, Explosion, Collapse, and Underground 9 (XCU), fire legal liability or any other liability insurance deemed necessary because of the nature of the Agreement. 10 11 B. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of 12 not less than Two Hundred Fifty Thousand Dollars ($250,000)per person, Five Hundred Thousand Dollars ($500,000)per accident and for property damages of 13 not less than Fifty Thousand Dollars ($50,000), or such coverage with a 14 combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage should include owned and non-owned vehicles used in connection with this 15 Agreement. 16 C. Professional Liability 17 If CONTRACTOR employs licensed professional staff(e.g. Ph.D., R.N., 18 L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence, Three 19 Million Dollars ($3,000,000) annual aggregate. 20 D. Worker's Compensation 21 A policy of Worker's Compensation Insurance as may be required by the 22 California Labor Code. 23 E. Child Abuse/Molestation and Social Services Liability 24 Sexual Abuse/Molestation Liability Insurance (including but not limited to 25 corporal punishment liability, sexual abuse and molestation liability, and child abduction liability) with limits of not less than One Million Dollars 26 ($1,000,000.00)per occurrence, Two Million Dollars ($2,000,000.00) annual 27 aggregate. This policy shall be issued on a per occurrence basis. 28 CONTRACTOR shall obtain endorsements to the Commercial General Liability - 6 - COUNTY OF FRESNO Fresno,CA 1 insurance naming the County of Fresno, its officers, agents, and employees, individually and 2 collectively, as additional insured,but only insofar as the operations under this Agreement are 3 concerned. Such coverage for additional insured shall apply as primary insurance and any other 4 insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees shall be 5 excess only and not contributing with insurance provided under the CONTRACTOR's policies herein. 6 This insurance shall not be cancelled or changed without a minimum of thirty(30) days advance 7 written notice given to COUNTY. 8 Within thirty(30) days from the date CONTRACTOR executes this Agreement, 9 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the 10 foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O. Box 11 11867, Fresno, California, 93775, Attention: Contracts Section—6th Floor, stating that such insurance 12 coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and 13 employees will not be responsible for any premiums on the policies; that such Commercial General 14 Liability insurance names the County of Fresno, its officers, agents and employees, individually and 15 collectively, as additional insured, but only insofar as the operations under this Agreement are 16 concerned; that such coverage for additional insured shall apply as primary insurance and any other 17 insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees, shall be 18 excess only and not contributing with insurance provided under the CONTRACTOR's policies herein; 19 and that this insurance shall not be cancelled or changed without a minimum of thirty(30) days 20 advance, written notice given to COUNTY. 21 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as 22 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate 23 this Agreement upon the occurrence of such event. 24 All policies shall be with admitted insurers licensed to do business in the State of 25 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating 26 of A FSC VII or better. 27 11. CONFIDENTIALITY 28 All services performed by CONTRACTOR under this Agreement shall be in strict - 7 - COUNTY OF FRESNO Fresno,CA 1 conformance with all applicable Federal, State of California and/or local laws and regulations relating 2 to confidentiality. 3 12. DATA SECURITY 4 For the purpose of preventing the potential loss, misappropriation or inadvertent access, 5 viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse 6 of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that 7 enter into a contractual relationship with the COUNTY for the purpose of providing services under 8 this Agreement must employ adequate data security measures to protect the confidential information 9 provided to CONTRACTOR by the COUNTY, including but not limited to the following: 10 A. CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices 11 CONTRACTOR may not connect to COUNTY networks via personally-owned 12 mobile, wireless or handheld devices, unless the following conditions are met: 13 1) CONTRACTOR has received authorization by COUNTY for 14 telecommuting purposes; 15 2) Current virus protection software is in place; 16 3) Mobile device has the remote wipe feature enabled; and 17 4) A secure connection is used. 18 B. CONTRACTOR-Owned Computers or Computer Peripherals 19 CONTRACTOR may not bring CONTRACTOR-owned computers or computer 20 peripherals into the COUNTY for use without prior authorization from the COUNTY's Chief 21 Information Officer, and/or designee(s), including but not limited to mobile storage devices. If data is 22 approved to be transferred, data must be stored on a secure server approved by the COUNTY and 23 transferred by means of a Virtual Private Network(VPN) connection, or another type of secure 24 connection. Said data must be encrypted. 25 C. COUNTY-Owned Computer Equipment 26 CONTRACTOR or anyone having an employment relationship with the 27 COUNTY, may not use COUNTY computers or computer peripherals on non-COUNTY premises 28 without prior authorization from the COUNTY's Chief Information Officer, and/or designee(s). - 8 - COUNTY OF FRESNO Fresno,CA 1 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive 2 data on any hard-disk drive,portable storage device, or remote storage installation unless encrypted. 3 E. CONTRACTOR shall be responsible to employ strict controls to ensure the 4 integrity and security of COUNTY's confidential information and to prevent unauthorized access, 5 viewing, use or disclosure of data maintained in computer files, program documentation, data 6 processing systems, data files and data processing equipment which stores or processes COUNTY 7 data internally and externally. 8 F. Confidential client information transmitted to one party by the other by means of 9 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 10 128 BIT or higher. Additionally, a password or pass phrase must be utilized. 11 G. CONTRACTOR is responsible to immediately notify COUNTY of any 12 violations, breaches or potential breaches of security related to COUNTY's confidential information, 13 data maintained in computer files,program documentation, data processing systems, data files and 14 data processing equipment which stores or processes COUNTY data internally or externally. 15 H. COUNTY shall provide oversight to CONTRACTOR's response to all incidents 16 arising from a possible breach of security related to COUNTY's confidential client information 17 provided to CONTRACTOR. CONTRACTOR will be responsible to issue any notification to 18 affected individuals as required by law or as deemed necessary by COUNTY in its sole discretion. 19 CONTRACTOR will be responsible for all costs incurred as a result of providing the required 20 notification. 21 13. NON-DISCRIMINATION 22 During the performance of this Agreement, CONTRACTOR shall not unlawfully 23 discriminate against any employee or applicant for employment, or recipient of services, because of 24 race, religious creed, color, national origin, ancestry,physical disability, mental disability, medical 25 condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, 26 sexual orientation, or military or veteran status pursuant to all applicable State of California and 27 Federal statutes and regulations. 28 - 9 - COUNTY OF FRESNO Fresno,CA 1 14. LICENSES/CERTIFICATION 2 CONTRACTOR shall throughout the term of this Agreement maintain all necessary 3 licenses,permits, approvals, certificates, waivers and exemptions necessary for the provision of the 4 services hereunder and required by the laws and regulations of the United States of America, State of 5 California, Fresno County and any other applicable government agencies. CONTRACTOR shall 6 notify COUNTY immediately in writing of its inability to obtain or maintain such licenses,permits, 7 approvals, certificates, waivers and exemptions, irrespective of the pendency of any appeal related 8 thereto. In addition, CONTRACTOR shall comply with all other applicable laws, rules, or regulations, 9 as any may now exist or be hereafter changed. 10 15. COMPLIANCE WITH STATE REQUIREMENTS 11 CONTRACTOR recognizes that COUNTY operates is NEOP program under an 12 agreement with the State of California Department of Public Health, and that under said agreement the 13 State imposes certain requirements on the COUNTY and its subcontractors. CONTRACTOR shall 14 adhere to all State requirements, including those identified in Exhibit C, attached hereto and by this 15 reference incorporated herein. It is understood that Exhibit C also grants the COUNTY certain rights 16 which are reserved to the State; such rights are fully described therein. 17 16. PROPERTY OF COUNTY 18 All purchases over Five Thousand and No/100 Dollars ($5,000.00) and certain 19 purchases under Five Thousand and No/100 Dollars ($5,000.00) such as computers, printers, cameras 20 and other sensitive items made during the life of this Agreement shall be identified as fixed assets with 21 an assigned County of Fresno Accounting Inventory Number. These fixed assets shall be retained by 22 the COUNTY, as COUNTY property, in the event this Agreement is terminated or upon expiration of 23 this Agreement. CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed 24 assets and shall be physically present when fixed assets are returned to COUNTY possession at the 25 termination or expiration of this Agreement. 26 17. RECORDS 27 Financial and statistical data shall be kept and reports made as required by the 28 COUNTY's Department of Public Health Director and the State. All such records shall be available - 10 - COUNTY OF FRESNO Fresno,CA 1 for inspection by the designated Auditors of COUNTY or State at reasonable times during normal 2 business hours. All such records shall be maintained through the end of this Agreement. All records 3 shall be considered property of COUNTY and shall be retained by COUNTY at the termination or 4 expiration of this Agreement. 5 18. REPORTS 6 CONTRACTOR shall submit to COUNTY within ten (10) calendar days all program 7 reports for the preceding month. CONTRACTOR shall also furnish to COUNTY such statements, 8 records, reports, data, and other information as COUNTY may request pertaining to matters covered 9 by this Agreement. In the event that CONTRACTOR fails to provide such reports or other information 10 required hereunder, it shall be deemed sufficient cause for COUNTY to withhold monthly payments 11 until there is compliance. In addition, CONTRACTOR shall provide written notification and 12 explanation to the COUNTY within five (5) days of any fund received from another source to conduct 13 the same services covered by this Agreement. 14 19. PROHIBITION OF PUBLICITY 15 None of the funds, materials,property or services provided directly or indirectly under 16 this Agreement shall be used for CONTRACTOR's advertising, fundraising or publicity(e.g., 17 purchasing of tickets/tables, silent auction donations, media promotions) for the purpose of self- 18 promotion. Notwithstanding the above,publicity of the services described in Section One (1) of this 19 Agreement shall be allowed as necessary to raise public awareness about the availability of such 20 specific services when approved in advance in writing by COUNTY's NEOP Project Coordinator and 21 the California Department of Public Health. Such items include but are not limited to written/printed 22 materials, materials posted on the Internet, or the use of media(e.g., radio, television,billboards, 23 newspapers), and any related expense. Documents prepared by CONTRACTOR using funding under 24 this Agreement for external release shall undergo appropriate review and approval prior to release. 25 Review may take up to thirty(30)business days. Materials, whether newly developed or reprinted, 26 shall include an appropriate acknowledgement/funding statement. 27 20. DISCLOSURE OF SELF-DEALING TRANSACTIONS 28 This provision is only applicable if the CONTRACTOR is operating as a corporation (a COUNTY OF FRESNO Fresno,CA 1 for-profit or non-profit corporation) or if during the term of this Agreement, the CONTRACTOR 2 changes its status to operate as a corporation. 3 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing 4 transactions that they are a party to while CONTRACTOR is providing goods or performing services 5 under this agreement. A self-dealing transaction shall mean a transaction to which the 6 CONTRACTOR is a parry and in which one or more of its directors has a material financial interest. 7 Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to 8 by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D 9 and incorporated herein by reference, and submitting it to the COUNTY prior to commencing with the 10 self-dealing transaction or immediately thereafter. 11 21. AUDITS AND INSPECTIONS 12 CONTRACTOR shall at any time during business hours, and as often as the COUNTY 13 may deem necessary, make available to the COUNTY for examination all of its records and data with 14 respect to the matters covered by this Agreement. CONTRACTOR shall,upon request by the 15 COUNTY,permit the COUNTY to audit and inspect all such records and data necessary to ensure 16 CONTRACTOR's compliance with the terms of this Agreement. 17 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00), 18 CONTRACTOR shall be subject to the examination and audit of the State Auditor for a period of 19 three (3) years after final payment under contract(Government Code Section 8546.7). 20 22. NOTICES 21 The persons and their addresses having authority to give and receive notices under this 22 Agreement include the following: 23 COUNTY CONTRACTOR 24 Director, County of Fresno Superintendent of Schools Department of Public Health Fresno County Superintendent of Schools 25 P.O. Box 11867 1111 Van Ness Ave. Fresno, CA 93775 Fresno, CA 93721 26 27 Any and all notices between the COUNTY and the CONTRACTOR provided for or 28 permitted under this Agreement or by law shall be in writing and shall be deemed duly served when - 12 - COUNTY OF FRESNO Fresno,CA 1 personally delivered to one of the parties, or in lieu of such personal service, when deposited in the 2 United States Mail,postage prepaid, addressed to such party. 3 23. GOVERNING LAW 4 The parties agree, that for the purposes of venue, performance under this Agreement is 5 to be in Fresno County, California. 6 The rights and obligations of the parties and all interpretation and performance of this 7 Agreement shall be governed in all respects by the laws of the State of California. 8 24. SEVERABILITY 9 The provisions of this Agreement are severable. The invalidity or unenforceability of 10 any one provision in the Agreement shall not affect the other provisions. 11 25. ENTIRE AGREEMENT 12 This Agreement, including all Exhibits, constitutes the entire agreement between the 13 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous 14 Agreement negotiations,proposals, commitments, writings, advertisements, publications, and 15 understanding of any nature whatsoever unless expressly included in this Agreement. 16 17 18 19 20 21 22 23 24 25 26 27 28 - 13 - COUNTY OF FRESNO Fresno,CA 1 IN WITNESS Wf IE;REOF, the parties hereto have executed this Agreement as of the day and 2 year first hercinabove written. 3 4 CONTRACTOR: COUNTY OF FRESNO. FRESNO COUNTY SUPERINTENDENT OF SCHOOLS 6 7 13y r --- By B Chairman, Board of'Suovisors Print ame: jitn Yavino,superintendent Title: Date: %a - 1 1 LD Chairman ofthe Board, Or President, or any Vice President 11 Date: r- t -2I- V BERI\ICE E. SEIDEL, Clerk 12 Board of Supervisors tea.. Bv G 14 (X-e4 J) pp Print BySp.rJ 1J U 1 b Title. Dej:2 L,S' Su;A)ge '.,>r'-XAC. ���c� Date: Secretary(of Corporation), or 1 ] any Assistant Secretary, or Chief Financial Officer. or ` any .Assistant Treasurer 19 Date: - LZ-r4 PLEASE SEF' ADDITIONAL 20 SIGNATURE PAGE ATTACHED 21 i L 2.3 24 Mailing Address: 1111 Van Ness Ave. 25 Fresno, CA 93721 Phone 4: (559) 265-3000 26 Contact: Jim Yovino, Superintendent of Schools 2 7 E-mail:jyovino(c,)fcoe.org 28 _d - t a)l:\ll'l It FRI.`\( 1 APPROVED AS TO LEGAL, FORM: DANII L, C. CEDERBORG, COUNTY COUNSEL 2 3 � By 4 5 APPROVED AS TO ACCOUNTING FORM: 6 OSCAR J. GARC:IA, C.P.A., AUDITOR-CONTROLLER/ 7 TREASURER-TAX COLLECTOR 8 10 11 REVIEWED AND RECOMMENDED FOR APPROVAL: 12 13 G BY _ 14 David Pomaville Director 15 Department of Public Health 16 1'I 18 19 20 Fund/Subelass: 0001/10000 2-1 Organization: 56201662 Account#: 7295 22 23 24 25 26 /F.T 27 28 - 15 - COUNTY OIL IRI3SNO Fresno,CA Exhibit A Page 1 of 9 SCHOOL WELLNESS SUBCONTRACT SCOPE OF WORK Activity Activity Description Time Frame** Documentation 1.9 Provide at least 19 single session nutrition and physical Year 1 Activity Tracking Form (ATF), Reporting Tools activity education to at least 304 unduplicated eligible Q1 Q2 Q3 Q4 Workbook (RTW), Sign-in sheets, evaluation tools individuals at qualifying community centers, schools, afterschool's, churches, worksites, public housing Year locations, retail locations, summer lunch programs and Q1 Q2 Q3 Q4 x x x x food distributions in year one. Provide at least 25 single sessions reaching400 unduplicated eligible individuals in Year year 2 and year 3. Taste-testing will be included. LHD will Q1 Q2 Q3 Q4 *Contributes to objective 1.e,2.d,3.e conduct education activities in LHD six targeted communities only. UCCE will conduct education activities in other communities throughout Fresno County. 1.15 UC CalFresh, Local Health Department (LHD), LHD Year ATF subcontractors, and other obesityprevention partners will Q1 Q2 Q3 Q4 p p x I x x participate in at least 3 FCHIP Quarterly meetings year 1 On file: Agenda, Notes and 4 FCHIP Quarterly meetings in year 2 and year 3 to Year align and leverage resources provide consistent g g � p x x x x x x x x messaging, and enhance impact of funded activities, as appropriate. Year 3 Q1 Q2 Q3 Q4 x x x x *Contributes to CNAP requirement 1.17 Provide referrals to partner agencies both SNAP-Ed and Year 1 Referral Log, a-mails non-SNAP-Ed to provide strategic coordinated nutrition Q1 x x x x x x and physical activity education to eligible SNAP-Ed population. For example, LHD will provide referrals to UC Year Q1 Q2 Q3 Q4 CalFresh when receiving a request for services outside of x x I x x the LHD six targeted communities. Year 3 Q1 Q2 Q3 Q4 x x x x *Contributes to annual objective 1.e,2.d,3.e 1.18 Provide training and ongoing support to at least 60 youth Year 1 ATF champions and to at least 75 youth champions in year two Q1 Q2 Q3 Q4 On file: Sign-in sheets, agendas, evaluations, and year three to complete nutrition and physical activity pictures, Champion Engagement System (tracking), PSE projects. Q1 Q Year Q23 Q4 identified project documentation x x x x Year 3 Q1 Q2 Q3 Q4 *Contributes to annual objective 1.e,2.d,3.e 1.24 LHD Community Coordinator(Nutritionists) will convene Year 1 ATF,Agendas, meeting notes, sign in sheets School Wellness Exhibit A Page 2 of 9 at least 4 meetings in each target community to include Q1 Q2 Q3 Q4 LIC CalFresh, LHD subcontractors, community and agency x x x champions, and other non-SNAP-Ed partners to Year 2 strategically coordinate SNAP-Ed and non-SNAP-Ed Q1 Q2 Q3 Q4 activities, align and leverage resources, provide consistent x x x x messaging, and enhance impact of funded activities. Year 3 *Contributes to all annual objectives Q1 Q2 Q3 Q4 x x x x 1.32 To prepare staff to build Champion capacity and support Year 1 ATF community-driven PSE, conduct a staff training using the Q1 X X Q4 X x X selected curriculum(a).Throughout the training, staff will On file: curricula, training agenda and materials, learn how to apply community-driven PSE strategies and Year 2Q1 Q2 Q3 Q4 sign in sheet, pictures, evaluations techniques and how to deliver the training to Champions. Q1 QYearQ33 Q4 *Contributes to annual objectives 1.b,2.a, 2.b,3.a, 3.b 2.9 Collaborate and support nutrition education activities in Year 1 ATF, RTW cafeterias, classrooms and afterschool programs to Q1 0.2 Q3 0,4 X X X promote locally sourced fruit and vegetables offered on On file: Agenda, Sign-in sheet, notes, handouts the school menu within participating F2T schools sites Year 2 distributing produce boxes to parents and neighbor Q1 0.2 Q3 Q4 X X X X residents. Year 3 Q1 Q2 0.3 0.4 *Contributes to objective 1.b, 2.b, 3.b X X X X 4.1 Review and assess participating schools' current wellness Year 1 On file: Copies of policies policies. Q1 Q2 Q3 Q4 X Year 2 Q1 Q2 Q3 Q4 *Contributes to objective 1.a, 2.a, 3.a X Year 3 Q1 Q2 Q3 Q4 X 4.2 Provide ongoing support to at least 2 qualifying school Year 1 ATF, RE-AIM (PSE Database) districts/sites in developing and implementing an Q1 Qz 1 0.3 0.4 1 On file: Agendas, meeting notes, standard/policy environmental support for nutrition and physical activity. documentation At least 1 school district and 1 school site annually will Year 2 identify and implement nutrition or physical activity Q1 Q2 0,3 Q4 X X I X I X School Wellness Exhibit A Page 3 of 9 standard or policy and revise wellness policy. Year 3 Q1 0.2 Q3 Q4 x x x x *Contributes to objective 1.a, 2.a, 3.a 4.6 Provide nutrition and physical activity education in the Year 1 ATF,teacher survey form of interactive USDA approved lessons in qualifying Q1 Q2 Q3 Q4 x x x preschool, elementary, and high schools and after schools to 3,750 youth in year one, 5,000 youth in year two, and Year 2 6,500 in year three.Taste-testing will be included. Q1 Q2 Q3 Q4 x x x x Year *Contributes to objective 1.c, 2.c, 3.c Q1 Q2 Q3 Q4 x x x x 4.7 Work with Evaluator subcontractor to conduct Impact Year 1 Sign-in sheets, ATF, SPAN pre/post evaluation, Outcome Evaluation (IOE) by providing at least 12 class Q1 0.2 Q3 Q4 x x x series (5-8 lessons) nutrition and physical activity education to reach 200 sixth through eighth grade youth. Year 2 Taste-testing will be included. Q1 0.2 Q3 Q4 x x x x Year *Contributes to objective 1.c, 2.c, 3.c Q1 Q2 Q3 Q4 x x x x 4.8 Provide indirect nutrition and physical activity education Year 1 ATF, RTW to 3,750 parents in year 1; 5,500 parents in year 2; and Q1 Q2 Q3 Q4 x x x 5,500 parents in year 3 of preschool, elementary, middle, and high schools students in the form of newsletters, Year 2 homework assignments, cookbooks, and other Q1 Q2 Q3 Q4 x x x x educational materials. LHD Sub D will conduct education activities in 4 school districts located in LHD six targeted Year 3 communities only. UCCE will conduct education activities Q1 Q2 Q3 Q4 *Contributes to objective 1.d, 2.d, 3.d x x x x in other school districts throughout Fresno County. 4.9 Provide technical assistance to at least 1 school site Year 1 ATF, RE-AIM (PSE Database), and SLM Scorecard annually implementing Smarter Lunchrooms within the Q1 Q2 Q3 Q4 Parlier, Sanger, Kerman, and/or Reedley School Districts. x x x Year 2 Q1 Q2 Q3 Q4 *Contributes to objective 1.b, 2.b, 3.b x x x x Year 3 Q1 Q2 Q3 Q4 x x x x School Wellness Exhibit A Page 4 of 9 4.12 Coordinate and/or participate in at least 4 nutrition Year 1 ATF, On file: Facebook analytics, blog analytics, education and physical activity school events targeting Q1 Q2 Q3 Q4 x x x 1,100 students in year one, 1,200 students in year two, and 1,300 students in year three targeting participating Year 2 elementary, middle or high school sites. Q1 Q2 Q3 Q4 x x x x *Contributes to all objectives as appropriate Year 3 Q1 Q2 Q3 Q4 X X X X 4.14 Coordinate and/or participate in at least 3 nutrition Year 1 ATF, RTW education and physical activity school events targeting Q1 0.2 Q3 Q4 X X X 1,100 students in year one, and at least 4 nutrition On file: Agenda, sign-in sheet, flyers, pictures, education and physical activity school events targeting Year 2 media stories 1,200 students in year two, and 1,300 students in year Q1 Q2 Q3 Q4 x x x x three targeting participating elementary, middle or high school sites. Year *Contributes to objective 1.d, 2.d, 3.d Q1 0.2 Q3 0,4 X X X X 4.15 Provide trainings for teachers, preschool staff, afterschool Year 1 ATF, RTW, UCCE teacher enrollment forms staff and other school personnel who are conducting Q1 0.2 Q3 0,4 X X X nutrition education/obesity prevention intervention On file: Sign-in sheets, agendas, extender activities with SNAP-Ed eligible population and Year enrollment paperwork environmental support in qualified locations. Q1 Q2 Q3 Q4 X X X X Year 3 Q1 Q2 Q3 Q4 *Contributes to objective 1.c, 2.c, 3.c X X X X 4.16 In partnership with the California Department of Year 1 ATF, RTW Education,support Prevention First school wellness Q1 Q2 Q3 Q4 X X X events in Fresno County. Year 2 Q1 Q2 Q3 Q4 *Contributes to objective 1.c, 2.c, 3.c X X X X Year 3 Q1 Q2 Q3 Q4 X X X X Time Frame:Year&Quarter: Year 1(FFY 2017); Year 2(FFY 2018); Year 3(FFY 2019) Qtr.1(Oct.1-Dec.31); Qtr.2(Jan.1-March 31); Qtr.3(Apr.1-Jun.30); Qtr.4(Jul.1-Sept.30) School Wellness Exhibit A Page 5 of 9 Educational Materials, Resources, and Curriculum Activity Curriculum,Toolkit, Resource Name Level of Evidence Base 4.4, 4.9, 4.10, Smarter Lunchrooms Movement Materials x Research Tested 4.11 Practice Tested Emerging N/A- Please describe below: 4.6, 4.16 Dairy Council of California, Nutrition Pathfinders program for 4th and 5th grades. Research Tested x Practice Tested Emerging N/A- Please describe below: 4.6,4.16 USDA TEAM Nutrition,Serving Up MyPlate: A Yummy Curriculum for grades 1-6 Research Tested x Practice Tested Emerging N/A- Please describe below: 4.6, 4.7, 4.16 CDPH Harvest of the Month Workbooks Research Tested Practice Tested x Emerging x N/A- Please describe below: Approved SNAP-Ed Resource Materials 4.2, 4.6, 4.14, CATCH, Coordinated Approach to Child Health Program for preschool through 81" Research Tested 4.16 and afterschool. x Practice Tested Emerging N/A- Please describe below: 4.6,4.16 Dairy Council of California, Exercise Your Options program for middle school. Research Tested x Practice Tested Emerging N/A- Please describe below: 4.3 Project Lean—Parents In Action Research Tested Practice Tested Emerging x N/A- Please describe below: Approved SNAP-Ed Resource Materials 1.9, 4.3, 4.8 NEOPB Cookbooks (Flavors of My Kitchen (Eng/Spa), Everyday Healthy Meals Research Tested (Eng/Spa), Healthy Latino Recipes (Eng/Spa), Soulful Recipes Practice Tested Emerging School Wellness Exhibit A Page 6 of 9 x N/A- Please describe below: Approved SNAP-Ed Resource Materials 4.4,4.6,4.16 SPARK, Sports, Play&Active Recreation for Kids Program for Preschool through x Research Tested 121h and afterschool. Practice Tested Emerging N/A- Please describe below: 1.9, 2.9, 4.3, My Plate Ten Tips Nutrition Education Series (Hmong, Spanish, English) Research Tested 4.6, 4.8, 4.14 Practice Tested Emerging x N/A- Please describe below: Approved SNAP-Ed Resource Materials 4.2, 2.9 CDPH Policy Systems and Environmental Change Resource Guide: Strategies for Research Tested Increased Access to Healthy Tools, Beverages and Physical Activity Practice Tested Emerging x N/A- Please describe below: Approved SNAP-Ed Resource Materials 1.9, 2.9 Harvest of the Month handouts (California) Harvest of the Month handouts (California) 1.9, 2.9 EatFresh.org Research Tested Practice Tested x Emerging N/A- Please describe below: 1.9 USDA MyPlate Posters Research Tested Practice Tested Emerging x N/A- Please describe below: Approved SNAP-Ed Resource Materials 1.9 Prevent Portion Distortion handout (Spanish, English) Research Tested http//food.unl.edu/freeprevent-portion-distortion-powerpoint Practice Tested Emerging x N/A—Please describe below: University of Nebraska Extension 1.9 Cooking Matters x Research Tested Practice Tested Emerging N/A—Please describe below: School Wellness Exhibit A Page 7 of 9 1.9, 4.8 NEOPB Recipe Cards Research Tested Practice Tested Emerging x N/A—Please describe below: Approved SNAP-Ed Resource Materials 1.9 Dairy Council Beverages: Make Every Sip Count Research Tested Practice Tested Emerging x N/A- Please describe below: Approved SNAP-Ed Resource Materials 1.9 Latino Campaign,Toolbox for Community Educators Research Tested x Practice Tested Emerging N/A- Please describe below: 1.9 Body and Soul Research Tested x Practice Tested Emerging N/A- Please describe below: 1.9 Champions for Change (CA) Research Tested x Practice Tested Emerging N/A- Please describe below: 1.9 Eat Right When Money's Tight Research Tested x Practice Tested Emerging N/A- Please describe below: 2.9 Power Play A Team 2 Table Adventure Research Tested Practice Tested Emerging N/A- Please describe below: Approved SNAP-Ed Resource Materials School Wellness Exhibit A Page 8 of 9 STANDARD ACTIVITIES FOR ALL SUBCONTRACTS Activity Description Timeframe** Documentation 5.1 Monthly invoices Due 30 days after Monthly invoices with backup documentation the end of each including but not limited to: Checklist, Personnel month Salaries and Benefits, Summary Spreadsheets, Bi- weekly Time Logs or timesheets, detail for travel, receipts, invoices, recipes 5.2 Enter program activity data entry into ATF database. Due Jan. 15,Apr. Program activity, demographic and participation 15,Jul. 15, Oct. 15 data entry single sessions provided into ATF. Year 1 reporting will only include April 30,July 31 and October 31. 5.3 Work with Department to complete the Semi-Annual Due Apr. 15 and May include but is not limited to: backup Progress Report Oct. 15 documentation, pictures, evaluation reports, policies, success stories, press releases, challenges and strategies to address them,fiscal reports. 5.4 Submit Quarterly Champions for Change Narrative Due January 31, Back up documentation includes Champions for Reports on progress towards meeting subcontractors' April 30,July 31 Change Narrative Report. Respective back up respective activities. and October 31 for documentation for activity reporting must be kept Year 1, 2, & 3 on file by activity number and quarter and readily Year 1 reporting accessible if needed. This includes but not limited will only include to: April 30,July 31 • Nutrition and physical activity single session and October 31. classes (sing in sheets, agenda, data cards) • Events (event flyer, pictures) • Trainings/Meetings (agenda, Notes) PSE (Meeting Agendas, e-mails, pictures) 5.5 Work with Department-contracted Evaluator to Ongoing Evaluation Reports, RE-AIM and Success Stories evaluate and to comply with required and PSE change evaluation activities 5.6 Participate in Department and State periodic in-person Ongoing ATF, Department Quarterly Champions for Change trainings and webinars as appropriate. Narrative Reports 5.7 Participate in Champions for Change Program Lead Ongoing Agenda, meeting notes meetings and All Team meetings as scheduled. 5.8 Participate in FCHIP workgroups as appropriate to Ongoing Agenda, meeting notes communicate, cross-promote,facilitate a coordinated Standard Activities Exhibit A Page 9 of 9 approach to enhance the consistency of nutrition messaging and integrate activities with contractors and community partners to improve access to healthy foods and physical activity in target communities. 5.9 Work with community engagement subcontractor to Ongoing ATF, E-mail communication, Champion Engagement engage champions in completing scope of work System, pictures, success story activities as appropriate and to the extent feasible. **Time Frame: Year 1(FFY 2017); Year 2(FFY 2018); Year 3(FFY 2019) Qtr.1(Oct.1-Dec.31); Qtr.2(Jan.1-March 31); Qtr.3(Apr.1-Jun.30); Qtr.4(Jul.1-Sept.30) Standard Activities Exhibit B 1of7 YEAR ONE 1.Staffing:Salary/Benefits: SNAP-Ed Time Spent r %of SNAP-Ed %of SNAP-Ed SNAP-Ed Total SNAP- 0 Time spent on Time spent on Annual Total SNAP- Benefit Total SNAP- Ed Funded ;N Position Title Name FTE Mgmt/Admin Direct SNAP-Ed Salary Ed Salary Rate Ed Benefits Admin Salary and ° Duties Delivery Costs IL Benefits 1 Consultant 1 C ndi Dean 1.00 10.00% 90.00% $ 73,256.00 $73,256.00 20.00% $14,651.20 $8,790.72 $87,907 2 Project Specialist Charles Clancy 1.00 0.00% 100.00% $ 40,487.00 $40,487.00 20.00% $8,097.40 $0.00 $48,584 3 ProjectSpecialist Jason Wara 1.00 0.00% 100.00% $ 40,487.00 $40,487.00 20.00% $8,097.40 $0.00 $48,584 4 Senior Director In-Kind: Randy Mehrten 1.00 5.00% $ - $0.00 0.00% $0.00 $0.00 $0 5 Coordinator II In-Kind: Brent Smither 1.00 10.00°% $ - $0.00 0.00% $0.00 $0.00 $0 5.00 Total Staffing:Salary/Benefits: $154,230 $30,846 $8,791 $185,076 uetmition and basis Tor Calculations or benent rate(s): Describe what is covered in the benefit rate for your agency. 2.Non-Capital Equipment/Supplies: Cost #of Budget Item Description/Justification FTE per Items Total Item 1 lNo items identified $0 .. 000 - 1 $0 Total Supplies:1 $0 3.Materials: Budget Item Description/Justification Cost per Item Items Total 1 Office Supplies paper,pens,copy paper,envelopes,folders etc $75 9 $635 2 Postage various network documents,invoices,etc.will be in-kind through FCOE-estimated at$150/9 mo.$1,350. $0 3 Computer Repairs IS&T in-house technicians $50 6 $300 4 Ph sical Activity&Nutrition Message Nutrition education materials to promote healthy lifestyles-250 students x 4 events x$4.=$4,000 $1,000 4 $4,000 Other In-kind Cost Pentathlon Adventure/Iron Chef Challenge Nutrition education&Physical Activity event at Fresno Fairgrounds-18th year/500 individuals x$4.00 x 1 = $2,000.00 Walk to School Physical Activity&Nutrition event at Sanger Unified School District-1000 individuals x$2.50 x 1 =$2,500.00 Rainbow Day Nutrition and Physical Activity event at Kerman Unified School District-500 individuals x$2.00 x 1 =$1,000.00 Harvest of the Month HOTM produce @$30 per class x 125 classes x 5 months=$18,750.00 Produce Stands Produce Stand supplies @$50 x 5 months x 10 school sites=$2,500.00 ASP Cooking in the Classroom Healthy Supplies$50 x 14 sites x 5 months=$3,500.00 Food for Taste Testing Demos;Special Event,Lesson Plan,and Store Tour Taste Testing Parent learning classes&staff trainings-$300 per demo @ 14 sites;walk to school,farm&nutrition and other misc.events-$125 @ 8 events;healthy supplies @$100 x 2 sites x 8 months;healthy supplies @$100 x 4 locations,minimum of 25 students per demo=$7,200.00 x 1 =$7,200.00 Cooking with ASP-Healthy Recipes Kids can Make(On-line Cooking Show) Approved recipe ingredients;supplies;cooking equipment @$75 x 8 shows(2 per each of the 4 communities)=$600.00 ASP Workout Team Physical Activity Energizers (On-line show) Utilizing CATCH and SPARK curriculum,each School District will host and demonstrate 3 minute;10 minute;&20 minute Energizers-supplies;kid-friendly music;equipment @$75 x 8 segments(2 per each of the 4 communities)=$600.00 Gardening Education Develop school teaching gardens/supplies include seeds,seedlings,plant(edible)starts,small gardening tools @$250 x 6 sites= $1,500.00 Printing nutrition education flyers-color-2,000 X$.35=$700.00;meeting notes,agendas,invoices,supporting docs-b/w-2,000 x$.07=$140.00; brochures-550 x$.35=$192.50;survey-b/w-800 x$.07=$56.00=$1,088.5 Total Materials: $4,935 Exhibit B 2 of 7 4.Travel: Position Title/Name Location Description/ Trips FTE Days Nights Per Diem Lodging Air Miles Reg. Other Total Justification @$.54 Fee 1 Consultant-C ndi Dean in county travel-in kind,FCOE 200 1 $30.00 $0 21 Project Specialist-Charles Clancy in county travel-in kind,FCOE 150 1 $0 31 Pro'ect Sp ecialist-Jason Wara in county travel-in kind,FCOE 1 150 1 $0 4 Cyndi Dean Sacramento travel-in kind.FCOE 1 3 3 $0 s SNAP-ED LIA FORUM/Administrator/2 Sacramento,1 trip/3 Full-time travel-in kind,FCOE lNutritionists Employees/2.5 days/3 nights, $125.00 per night/340.(Miles)+ 1 $40.00(Other)=$1,785.50 $0 Youth Engagement(Youth)/2- Sacramento,1 trip/2 Full-time travel-in kind,FCOE Nutritionists Employees/1 day/0 nights 340. (Miles)+$30.00(Other) 2 $315.50 $0 IOE Training#1 of 2/Administrator Sacramento,1 trip/1 Full-time travel-in kind,FCOE Employees/lday/l night/$30 Per Diem/$125.00 per night/340. (Miles)+$60.00(Other)_ 3 410.50 $0 Total Travel: $0 5.Building/Space: Cost Location Name/Address Calculation Description FTE per # Total Month Mo(s). 1 $0 Total Building/Space: $0 6.Maintenance: Location Name/Address Calculation Description FTE Cost per # s.of Total Mont1 1 $0 Total Maintenance: $0 7.Equipment and Other Capital Expenditures: Budget Item Description/Justification FTE Cost per Item #of Misc. Total Items 11 $0 $0 8.Consultants Organization Name Description of Service(s) Total 1 JAfter School Line Staff In-Kind: 38 Schools will provide student leadership opportunities including advocacy and on-site produce stands in partnership with OK Produce.($3,500 per site x 38 sites$133,000) $0 Total Consultants: $0 9.Indirect Costs: Calculation Method Indirect Cost Total Admin/Program Total Rate Dollars total direct costs x 10.52%which is our CDE approved Indirect Cost Rate 10.52% $190,011 $19,989 1 9 Total Indirect Costs: $19,989 Exhibit B 3 of 7 Year 1 Total $210,000 YEAR TWO 1.Staffing:Salary/Benefits: SNAP-Ed Time Spent %of SNAP-Ed %of SNAP-Ed Total SNAP- SNAP-Ed a Time spent on Time spent on Annual Total SNAP- Benefit Total SNAP- Ed Funded ;y Position Title Name FTE Admin Mgmt/Admin Direct SNAP-Ed Salary Ed Salary Rate Ed Benefits Salary and ° Duties Delivery Costs IL Benefits 1 Consultant 1 C ndi Dean 0.80 10.00% 90.00% $ 97,675.00 $78,140.00 20.00% $15,628.00 $9,376.80 $93,768 2 ProjectSpecialist Charles Clancy 1.00 0.00% 100.00% $ 53,983.00 $53,983.00 20.00% $10,796.60 $0.00 $64,780 3 Project Specialist Jason Wara 1.00 0.00% 100.00% $ 53,983.00 $53,983.00 20.00% $10,796.60 $0.00 $64,780 4 $0.00 $0.00 $0.00 $0 5 Senior Director In-Kind: Randy Mehrten 1.00 5.00% $0.00 $0.00 $0.00 $0 6 Coordinator II In-Kind: Brent Smither 1.00 10.00°% $0.00 $0.00 $0.00 $0 4.80 Total Staffing:Salary/Benefits:. $186,106 $37,221 $9,377 $223,327 Definition and basis for calculations of benefit rate(s): 2.Non-Capital Equipment/Supplies: Budget Item Description/Justification FTE Cost per Item Items Total 1 $0 1 $0 Total Supplies: $0 3.Materials: Budget Item Description/Justification Cost per Item Items Total 1 Office Supplies paper,pens,copy paper,envelopes,folders etc $75 9 $635 2 Postage various network documents,invoices,etc.will be in-kind through FCOE-estimated at$150/9 mo.$1,350. $0 3 Computer Repairs IS&T in-house technicians $50 6 $300 4 Ph sical Activity&Nutrition Message Nutrition education materials to promote healthy lifestyles-250 students x 4 events x$4.=$4,000 $937.75 4 $3,751 Other In-kind Cost Pentathlon Adventure/Iron Chef Challenge Nutrition education&Physical Activity event at Fresno Fairgrounds-18th year/500 individuals x$4.00 x 1 = $2,000.00 Walk to School Physical Activity&Nutrition event at Sanger Unified School District—1000 individuals x$2.50 x 1 =$2,500.00 Rainbow Day Nutrition and Physical Activity event at Kerman Unified School District—500 individuals x$2.00 x 1 =$1,000.00 Harvest of the Month HOTM produce @$30 per class x 125 classes x 5 months=$18,750.00 Produce Stands Produce Stand supplies @$50 x 5 months x 10 school sites=$2,500.00 ASP Cooking in the Classroom Healthy Supplies$50 x 14 sites x 5 months=$3,500.00 Food for Taste Testing Demos;Special Event,Lesson Plan,and Store Tour Taste Testing Parent learning classes&staff trainings-$300 per demo @ 14 sites;walk to school,farm&nutrition and other misc.events-$125 @ 8 events;healthy supplies @$100 x 2 sites x 8 months;healthy supplies @$100 x 4 locations,minimum of 25 students per demo=$7,200.00 x 1 =$7,200.00 Cooking with ASP—Healthy Recipes Kids can Make(On-line Cooking Show) Approved recipe ingredients;supplies;cooking equipment @$75 x 8 shows(2 per each of the 4 communities)=$600.00 ASP Workout Team Physical Activity Energizers (On-line show) Utilizing CATCH and SPARK curriculum,each School District will host and demonstrate 3 minute;10 minute;&20 minute Energizers—supplies;kid-friendly music;equipment @$75 x 8 segments(2 per each of the 4 communities)=$600.00 Gardening Education Develop school teaching gardens/supplies include seeds,seedlings,plant(edible)starts,small gardening tools @$250 x 6 sites= $1,500.00 Exhibit B 4 of 7 Printing nutrition education flyers-color-2,000 X$.35=$700.00;meeting notes,agendas,invoices,supporting docs—b/w-2,000 x$.07=$140.00; brochures-550 x$.35=$192.50;survey-b/w-800 x$.07=$56.00=$1,088.5 Total Materials: $4,686 4.Travel: Position Title/Name Location Description/ Trips FTE Days Nights Per Diem Lodging Air Miles Reg. Other Total Justification $.54 Fee 06 1 Consultant-C ndi Dean in county travel-in kind,FCOE 200 1 $0 2 Project Specialist-Charles Clancy in county travel-in kind,FCOE 150 1 $0 3 Project Specialist-Jason Wara in county travel-in kind,FCOE 150 1 $0 4 C ndi Dean Sacramento travel-in kind,FCOE 3 3 $0 5 $0 • SNAP-ED LIA FORUM/Administrator/2 Sacramento,1 trip/3 Full-time travel-in kind.FCOE Nutritionists Employees/2.5 days/3 nights, $125.00 per night/340.(Miles)+ 1 $40.00(Other)=$1,785.50 $0 Youth Engagement(Youth)/2- Sacramento,1 trip/2 Full-time travel-in kind,FCOE Nutritionists Employees/1 day/0 nights 340. (Miles)+$30.00(Other) 2 $315.50 $0 IOE Training#1 of 2/Administrator Sacramento,1 trip/1 Full-time travel-in kind,FCOE Employees/lday/l night/$30 Per Diem/$125.00 per night/340. (Miles)+$60.00(Other) 3 $410.50 $0 Total Travel: $0 5.Building/Space: Location Name/Address Calculation Description FTE Cost per Mo s. Total Mont1 $0 Total Building/Space: $0 6.Maintenance: Location Name/Address Calculation Description FTE CMonost th r Mo f. Total 1 $0 Total Maintenance: $0 7.Equipment and Other Capital Expenditures: Budget Item Description/Justification FTE Cost per Item Items Misc. Total 1 $0 Total Equipment: $0 8.Consultants Organization Name Description of Service(s) Total 1 lAfter School Line Staff In-Kind: 38 Schools will provide student leadership opportunities including advocacy and on-site produce stands in partnership with OK Produce.($5,000 per site x 38 sites$190,000) $0 Total Consultants: $0 9.Indirect Costs: Calculation Method Indirect Cost Total Admin/Program Total Rate Dollars Exhibit B 5 of 7 1 Findirect Costs calculated at C D E approved rate of 10.52% 10.52% $228,013 $23,987 Total Indirect Costs:j $23,987 Year 2 Total 1 $252,000 Exhibit B 6of7 YEAR THREE 1.Staffing:Salary/Benefits: SNAP-Ed Time Spent �* %of SNAP-Ed %of SNAP-Ed SNAP-Ed Total SNAP- 0 Time spent on Time spent on Annual Total SNAP- Benefit Total SNAP- Ed Funded Position Title Name FTE Admin 'a Mgmt/Admin Direct SNAP-Ed Salary Ed Salary Rate Ed Benefits Costs Salary and Q. Duties Delivery Benefits 1 Consultant 1 C ndi Dean 0.80 10.00% 90.00% $ 97,675.00 $78,140.00 20.00% $15,628.00 $9,376.80 $93,768 2 Project Specialist Charles Clancy 1.00 100.00% $ 53,983.00 $53,983.00 20.00% $10,796.60 $64,779.60 $64,780 3 ProjectSpecialist Jason Wara 1.00 100.00% $ 53,983.00 $53,983.00 20.00% $10,796.60 $64,779.60 $64,780 4 Senior Director In-Kind: Randy Mehrten 1.00 5.00% $0.00 $0.00 $0.00 $0 5 Coordinator II In-Kind: Brent Smither 1.00 10.00°% $0.00 $0.00 $0.00 $0 4.80 Total Staffing:Salary/Benefits: $186,106 $37,221 $138,936 $223,327 Definition and basis for calculations of benefit rate(s): 2.Non-Capital Equipment/Supplies: Budget Item Description/Justification FTE Cost per Item Items Total 1 $0 Theft-sensitive equipment1supplies that are less than$5,000(Computers,printers,projectors,etc. 1 $0 Total Supplies: $0 3.Materials: Budget Item Description/Justification Cost per Item Items Total 1 Office Supplies paper,pens,copy paper,envelopes,folders etc $75 9 $635 2 Postage various network documents,invoices,etc.will be in-kind through FCOE-estimated at$150/9 mo.$1,350. $0 3 Computer Repairs IS&T in-house technicians $50 6 $300 4 Ph sical Activity&Nutrition Message Nutrition education materials to promote healthy lifestyles-250 students x 4 events x$4.=$4,000 $937.75 4 $3,751 Other In-kind Cost Pentathlon Adventure/Iron Chef Challenge Nutrition education&Physical Activity event at Fresno Fairgrounds-18th year/500 individuals x$4.00 x 1 = Walk to School Physical Activity&Nutrition event at Sanger Unified School District—1000 individuals x$2.50 x 1 =$2,500.00 Rainbow Day Nutrition and Physical Activity event at Kerman Unified School District—500 individuals x$2.00 x 1 =$1,000.00 Harvest of the Month HOTM produce @$30 per class x 125 classes x 5 months=$18,750.00 Produce Stands Produce Stand supplies @$50 x 5 months x 10 school sites=$2,500.00 ASP Cooking in the Classroom Healthy Supplies$50 x 14 sites x 5 months=$3,500.00 Food for Taste Testing Demos;Special Event,Lesson Plan,and Store Tour Taste Testing Parent learning classes&staff trainings-$300 per demo @ 14 sites;walk to school,farm&nutrition and other misc.events-$125 @ 8 events;healthy supplies @$100 x 2 sites x 8 months;healthy supplies @$100 x 4 locations,minimum of 25 students per demo=$7,200.00 x 1 =$7,200.00 Cooking with ASP—Healthy Recipes Kids can Make(On-line Cooking Show) Approved recipe ingredients;supplies;cooking equipment @$75 x 8 shows(2 per each of the 4 communities)=$600.00 ASP Workout Team Physical Activity Energizers (On-line show) Utilizing CATCH and SPARK curriculum,each School District will host and demonstrate 3 minute;10 minute;&20 minute Energizers—supplies;kid-friendly music;equipment @$75 x 8 segments(2 per each of the 4 communities)=$600.00 Gardening Education Develop school teaching gardens/supplies include seeds,seedlings,plant(edible)starts,small gardening tools @$250 x 6 sites= $1,500.00 Printing nutrition education flyers-color-2,000 X$.35=$700.00;meeting notes,agendas,invoices,supporting docs—b/w-2,000 x$.07=$140.00; brochures-550 x$.35=$192.50;survey-b/w-800 x$.07=$56.00=$1,088.5 Total Materials: $4,686 Exhibit B 7 of 7 4.Travel: Position Title/Name Location Description/ Trips FTE Days Nights Per Diem Lodging Air Miles Reg. Other Total Justification @$.54 Fee 1 Consultant-C ndi Dean in county travel-in kind,FCOE 200 1 $0 2 Project Specialist-Charles Clancy in county travel-in kind,FCOE 150 1 $0 3 Project Specialist-Jason Wara in county travel-in kind,FCOE 150 1 $0 4 C ndi Dean Sacramento travel-in kind,FCOE 3 3 $0 SNAP-ED LIA FORUM/Administrator/2 Sacramento,1 trip/3 Full-time travel-in kind,FCOE Nutritionists Employees/2.5 days/3 nights, $125.00 per night/340.(Miles)+ 19 $40.00(Other)=$1,785.50 $0 Youth Engagement(Youth)/2- Sacramento,1 trip/2 Full-time travel-in kind,FCOE Nutritionists Employees/1 day/0 nights 340. (Miles)+$30.00(Other) 20 $315.50 $0 IOE Training#1 of 2/Administrator Sacramento,1 trip/1 Full-time travel-in kind,FCOE Employees/lday/l night/$30 Per Diem/$125.00 per night/340. (Miles)+$60.00(Other) 21 $410.50 $0 22 $0 Total Travel:1 $0 5.Building/Space: Location Name/Address Calculation Description FTE Cost per Mo s. Total 1 $0 Total Building/Space: $0 6.Maintenance: Location Name/Address Calculation Description FTE CMonost thr Mo s. Total 1 $0 Total Maintenance: $0 7.Equipment and Other Capital Expenditures: Budget Item Description/Justification FTE Cost per Item Items Misc. Total 1 $0 $0 8.Consultants Organization Name Description of Service(s) Total 1 lAfter School Line Staff In-Kind: 38 Schools will provide student leadership opportunities including advocacy and on-site produce stands in partnership with OK Produce.($5,000 per site x 38 sites$190,000) $0 Total Consultants: $0 9.Indirect Costs: Calculation Method Indirect Cost Total Admin/Program Total Rate Dollars 1 Indirect Costs calculated at CDE approved rate of 10.52% 10.52% $228,013 $23,987 Total Indirect Costs: $23,987 Year 3 Total 1 $252,000 County of Fresno 16-10139 Page 1 of 3 EXHIBIT C STANDARD GRANT CONDITIONS 1. APPROVAL: This Grant is of no force or effect until signed by both parties and approved by the Department of General Services, if required. The Grantee may not commence performance until such approval has been obtained 2. AMENDMENT: No amendment or variation of the terms of this Grant shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or Agreement not incorporated in the Grant is binding on any of the parties. In no case shall the Department materially alter the scope of the Project set forth in Exhibit A. 3. ASSIGNMENT: This Grant is not assignable by the Grantee, either in whole or in part, without the written consent of the Grant Manager in the form of a written amendment to the Grant. 4. AUDIT: Grantee agrees that the Department, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to this Grant. Grantee agrees to maintain such records for a possible audit for a minimum of three (3) years after final payment or completion of the project funded with this Grant, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to the project. 5. CONFLICT OF INTEREST: Grantee certifies that it is in compliance with all applicable state and/or federal conflict of interest laws. 6. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the project, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of any activities related to the Project. County of Fresno 16-10139 Page 2 of 3 7. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of all grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of any applicable state or federal law, or the provisions of this Grant. Grantee further agrees that it will maintain separate Project accounts in accordance with generally accepted accounting principles. 8. GOVERNING LAW: This Grant is governed by and shall be interpreted in accordance with the laws of the State of California. 9. INCOME RESTRICTIONS: Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Grant shall be paid by the Grantee to the Department, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the Department under this Grant. 10. INDEPENDENT GRANTEE: Grantee, and its agents and employees of Grantee, in the performance of the Project, shall act in an independent capacity and not as officers, employees or agents of the Department. 11. MEDIA EVENTS: Grantee shall notify the Department's Grant Manager in writing at least twenty (20) working days before any public or media event publicizing the accomplishments and/or results of the Project and provide the opportunity for attendance and participation by Department's representatives. 12. NO THIRD-PARTY RIGHTS: The Department and Grantee do not intend to create any rights or remedies for any third- party as a beneficiary of this Grant or the project. 13. NOTICE: Grantee shall promptly notify the Department's Grant Manager in writing of any events, developments or changes that could affect the completion of the project or the budget approved for this Grant. 14. PROFESSIONALS: Grantee agrees that only licensed professionals will be used to perform services under this Grant where such services are called for. County of Fresno 16-10139 Page 3 of 3 15. RECORDS: Grantee certifies that it will maintain Project accounts in accordance with generally accepted accounting principles. Grantee further certifies that it will comply with the following conditions for a grant award as set forth in the Request for Applications (Exhibit D) and the Grant Application (Exhibit A). • Establish an official file for the Project which shall adequately document all significant actions relative to the Project; • Establish separate accounts which will adequately and accurately depict all amounts received and expended on this Project, including all grant funds received under this Grant; • Establish separate accounts which will adequately depict all income received which is attributable to the Project, especially including any income attributable to grant funds disbursed under this Grant; • Establish an accounting system which will adequately depict final total costs of the Project, including both direct and indirect costs; and, • Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations. 16. RELATED LITIGATION: Under no circumstances may Grantee use funds from any disbursement under this Grant to pay for costs associated with any litigation between the Grantee and the Department. 17. RIGHTS IN DATA: Grantee and the Department agree that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work submitted under Exhibit A in the performance of the Project funded by this Grant shall be in the public domain. Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Project, subject to appropriate acknowledgment of credit to the Department for financial support. Grantee shall not utilize the materials submitted to the Department (except data) for any profit making venture or sell or grant rights to a third-party who intends to do so. The Department has the right to use submitted data for all governmental purposes. 18. VENUE: The Department and Grantee agree that any action arising out of this Grant shall be filed and maintained in the Superior Court, County of Sacramento, California. Grantee waives any existing sovereign immunity for the purposes of this Grant, if applicable. Exhibit D SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: "A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest." The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1) Enter board member's name,job title (if applicable), and date this disclosure is being made. (2) Enter the board member's company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the Corporation has the transaction; and b. The nature of the material financial interest in the Corporation's transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Page 1 of 2 Exhibit D (1)Company Board Member Information: Name: Date: Job Title: (2)Company/Agency Name and Address: (3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to): (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a): (5)Authorized Signature Signature: Date: Page 2 of 2