HomeMy WebLinkAboutCalifornia Health Collaborative-Regional Perinatal Programs of California NEOP_A-19-122.pdf COUP of Fresno Hall of Records,Room 301
County
2281 Tulare Street
Fresno,California
Board of Supervisors 93721-2 1 98
O� 183- O Telephone:(559)600-3529
Minute Order Toll Free:1-800-742-1011
www.co.fresno.ca.us
March 12, 2019
Present: 5- Chairman Nathan Magsig,Vice Chairman Buddy Mendes,Supervisor Brian Pacheco,
District 2,and Supervisor Sal Quintero
Agenda No. 36. Public Health File ID: 19-0083
Re: Approve and authorize the Chairman to execute a retroactive revenue Agreement with the California
Department of Public Health Nutrition Education and Obesity Prevention Branch for the Centers for
Disease Control and Prevention State Physical Activity and Nutrition grant,effective September 30,
2018 through September 29,2023($450,000);make a finding that it is in the best interest of the
County to waive the competitive bidding process consistent with Administrative Policy No.34 for
unusual or extraordinary circumstances for the solicitation of nutrition and physical activity standards
into early care and education systems services,for the Department of Public Health;approve and
authorize the Chairman to execute a sole source Agreement with Fresno County Superintendent of
Schools for services to improve physical activity and increase nutrition content by adopting nutrition
and physical activity standards into Early Care and Education programs,effective upon execution
through September 29,2023, not to exceed four-years six-months,which includes a two-year
six-month base contract and two optional one-year extensions,total not to exceed$141,236; make a
finding that it is in the best interest of the County to suspend the competitive bid process consistent
with Administrative Policy No.34 for unusual or extraordinary circumstances as California Health
Collaborative is the lead vendor for the Regional Perinatal Programs of California and the Nutrition
Education and Obesity Prevention subcontractor for retail and marketing and wellness objectives
providing services to expand access to healthy foods in target communities,for the Department of
Public Health;and,approve and authorize the Chairman to execute an Agreement with California
Health Collaborative to promote compliance with Federal lactation accommodation laws in targeted
worksites, assist and implement small retail vendors in adopting healthy food service guidelines,
effective upon execution through September 29,2023, not to exceed four-years six-months,which
includes a two-year six-month base contract and two optional one-year extensions,total not to exceed
$136,256
APPROVED AS RECOMMENDED
Ayes: 4- Magsig, Mendes, Pacheco,and Quintero
Vacant: 1 - District 2
Agreement No. 19-120,Agreement No. 19-121,Agreement No. 19-122
County of Fresno Page 40
co
Board Agenda Item 36
O 1$56 O
DATE: March 12, 2019
TO: Board of Supervisors
SUBMITTED BY: David Pomaville, Director, Department of Public Health
SUBJECT: Retroactive Revenue Agreement with California Department of Public Health and
related Agreements for Nutrition Education and Obesity Prevention Scope of Work
Activities
RECOMMENDED ACTION(S):
1. Approve and authorize the Chairman to execute a retroactive revenue Agreement with the
California Department of Public Health Nutrition Education and Obesity Prevention Branch
for the Centers for Disease Control and Prevention State Physical Activity and Nutrition
grant,effective September 30, 2018 through September 29, 2023 ($450,000);
2. Make a finding that it is in the best interest of the County to waive the competitive bidding
process consistent with Administrative Policy No. 34 for unusual or extraordinary
circumstances for the solicitation of nutrition and physical activity standards into early care
and education systems services,for the Department of Public Health; and
3. Approve and authorize the Chairman to execute a sole source Agreement with Fresno
County Superintendent of Schools for services to improve physical activity and increase
nutrition content by adopting nutrition and physical activity standards into Early Care and
Education programs,effective upon execution through September 29, 2023, not to exceed
four-years six-months,which includes a two-year six-month base contract and two optional
one-year extensions,total not to exceed$141,236;
4. Make a finding that it is in the best interest of the County to suspend the competitive bid
process consistent with Administrative Policy No. 34 for unusual or extraordinary
circumstances as California Health Collaborative is the lead vendor for the Regional
Perinatal Programs of California and the Nutrition Education and Obesity Prevention
subcontractor for retail and marketing and wellness objectives providing services to
expand access to healthy foods in target communities,for the Department of Public Health;
and
5. Approve and authorize the Chairman to execute an Agreement with California Health
Collaborative to promote compliance with Federal lactation accommodation laws in targeted
worksites,assist and implement small retail vendors in adopting healthy food service
guidelines, effective upon execution through September 29, 2023, not to exceed four-years
six-months,which includes a two-year six-month base contract and two optional one-year
extensions,total not to exceed$136,256.
There is no additional Net County Cost associated with the recommended actions. The first recommended
County of Fresno Page 1 File Number.19.0083
File Number 19-0083
action accepts California Department of Public Health (CDPH) Nutrition Education and Obesity Prevention
(NEOP) Branch for the Centers for Disease Control and Prevention State Physical Activity and Nutrition
grant award. The award will enhance County implementation of nutrition and physical activity interventions
that support health, nutrition, safe and accessible physical activity, and breastfeeding accommodations.
Approval of the second and third recommended actions will authorize the Department of Public Health to
provide direct services to early care and education(ECE)and childcare programs in the County through
Fresno County Superintendent of Schools(FCSS) resources.Approval of the fourth and fifth recommended
actions will authorize the Department to continue and expand assistance to local retail vendors in adopting
healthy food service guidelines, and streamline new interventions supportive of breastfeeding in targeted
worksites.This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions the Department will decline the grant award,and
will not move forward with the related agreements.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
With regard to the second recommended action,the Department's request to waive the competitive bidding
process is consistent with Administrative Policy No.34 as FCSS is the only vendor in the County that has
the domain over ECE school-based sites, school districts, infrastructure, and in-house resources to reach
240 ECE programs with a large sustainable policy,system and environmental change effort. FCSS has the
ability to actively engage their ECE partner networks,share resources and training opportunities without
initiation and acceptance of a Memorandum of Understanding to provide services by an outside vendor.The
Department has a current agreement with FCSS to serve FCSS school sites and FCSS is the current
subcontractor for the NEOP school wellness grant objectives that initiated the implementation of nutrition
and physical activity interventions in classroom and afterschool settings, including policy, systems and
environmental changes in schools. Because FCSS already has established relationships in the schools and
ECE settings,they will be able to begin immediately and ECE sites will be more likely to work with and
adhere to policy or institution of new policies if it is coming from within its own leadership. Based on this,a
letter of interest was not necessary.The Internal Services Department-Purchasing Division(ISD-
Purchasing)concurs with the Department's request to waive the competitive bidding process.
With regard to the fourth recommended action,the Department's request to suspend the competitive
bidding process consistent with Administrative Policy No. 34 results from California Health Collaborative's
(CHC)current contract with the NEOP program to implement the retail program, policy, systems and
environmental changes in retail settings to expand access to healthy foods in target communities. In
addition, CHC is the lead vendor for the Regional Perinatal Programs of California,which provides quality
improvement resources,consultation, and technical assistance to hospitals and health care providers to
assure the well-being of pregnant women and their babies. ISD-Purchasing concurs with the Department's
request to suspend the competitive bidding process.
RETROACTIVE AGREEMENT:
Due to extensive negotiations between the State and the Federal government,the recommended revenue
Agreement from CDPH was received by the Department on January 15, 2019,and is retroactive to
September 30,2018.The amount of time required for the Department to review it and have it approved by
County Counsel,this item is coming to your Board retroactively.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions.The maximum revenue
in FY 2018-19 is$90,000;$450,000 for the term.The recommended award will pay for contracted services,
supplies to support project interventions and a portion of an existing staff member to monitor subcontracts
County of Fresno Page 2 File Number.19-0083
File Number. 19-0083
and oversee the work plan implementation. The maximum compensation for the recommended agreement
with FCSS is$141,236,distributed as follows:Year 1: $26,500, March 12, 2019-September 29,2019 and
Years 2-5:$28,684 per year, September 30,2019-September 29, 2023.The maximum compensation for
the recommended agreement with CHC is$136,256;distributed as follows:Year 1: $21,524(March 12,
2019-September 29, 2023)and Years 2-5:$28,683 per year, September 30, 2019-September 29,2023.
Sufficient appropriations and estimated revenues are included in the Department's Org 5620 FY 2018-19
Adopted Budget and will be included in subsequent budget requests.The recommended grant award allows
for full reimbursement of indirect costs;the current rate for FY 2018-19 is 25.42%.
DISCUSSION:
On September 27,2016,the Board approved Agreement No. 16-589 with CDPH to fund the NEOP grant
program from October 1,2016 through September 30, 2019. The program provides nutrition education,
policy, and systems and environmental change in six targeted communities: Parlier, Sanger, Reedley,
Kerman,West Fresno,and Lowell.
The recommended revenue agreement will allow the Department to expand and fill gaps in current NEOP
activities in the six target communities and implement the following five overarching strategies:
1. Develop a healthy meeting policy for local government agencies and assist small retail vendors in
adopting healthy food service guidelines.
2. Promote compliance with Federal lactation accommodation laws in targeted worksites.
3. Work with ECE partners to improve physical activity and nutrition content in professional
development trainings,and work with ECE sites to increase adoption of nutrition and physical activity
standards.
4. Increase community physical activity by supporting the development or implementation of pedestrian,
bicycle, or transportation plans,and supporting Safe Routes to School program activities that
promote family and community physical activity.
5. Collaborate with State-level partners in transportation and planning to include obesity, chronic
disease prevention,and health equity in transportation policy.
Additionally, on December 13, 2016,the Board approved Agreement Nos. 16-697 with CHC and 16-698 with
FCSS through September 29, 2019,to implement required scope of work activities as contractors for the
NEOP program. Based on the existing partnerships and work being done through current agreements with
both FCSS and CHC,the Department has determined that both are uniquely qualified partners to continue
the nutrition education and policy, systems and environmental change efforts already in progress. Both
already perform similar activities for the Department's existing NEOP program and will be able to
seamlessly add to their objectives to fulfill the proposed scope of work activities.
The County will work with FCSS and CHC to ensure the completion of all project activities, including
coordination with other agencies, development of project materials,development and provisions of
in-services and trainings, and assist in gathering data for the community assessment and overall program
evaluation.The recommended agreements will provide nutrition and activity standards, implement food
service guidelines and Federal lactation accommodation laws and are supportive of ongoing work in the
NEOP program.
The recommended agreement with FCSS contains non-standard hold harmless language to mutual
indemnity rights. County Counsel has approved the legal form of the recommended agreement.
Approval of the recommended revenue agreement and the two related proposed agreements is necessary
to complete the grant scope of work activities.
County of Fresno Page 3 Fite Number:19-0083
File Number. 19-0083
REFERENCE MATERIAL:
BAI#36, December 13, 2016
BAI#41, September 27, 2016
ATTACHMENTS INCLUDED AND/OR ON FILE:
Sole Source Acquisition Request
Suspension of Competition Acquisition Request
On file with Clerk-Revenue Agreement with CDPH
On file with Clerk-Agreement with Fresno County Superintendent of Schools
On file with Clerk-Agreement with California Health Collaborative
CAO ANALYST:
Sonia M. De La Rosa
County of Fresno page 4 File Number.19-0083
per" Ua^1 [ Email Me]
Off,
Suspension of Competition Acquisition Request Double dirk!
1. Fully describe the product(s) and/or service(s)being requested.
Assist small Fresno County retail vendors to adopt healthy food service and stocking guidelines and other standards
from the Shop Healthy Here program. Promote compliance with federal lactation accommodation laws in targeted
worksites within Fresno County. Partners include community health clinics(i.e. Federally Qualified Health
Centers),Women Infant and Children clinics, and community based organizations.
2. Identify the selected vendor and contact person; include the address, phone number and e-mail address for each.
California Health Collaborative
Central San Joaquin Valley-Sierra Nevada
Regional Perinatal Programs of California
Brandi Muro, MPH,RPPC-Director or Program Services
1680 W Shaw Avenue
Fresno, California 93711
(559)244-4512
Email: bmuro@healthcollaborative.org
3. What is the total cost of the acquisition? If an agreement, state the total cost of the initial term and the amounts for
potential renewal terms.
5 year Term:Total-$136,256 (March 12, 2019-September 29, 2023)
Year 1:-$21,524 (March 12, 2019-September 29, 2023)
Year 2: -$28,683(September 30, 2019- September 29,2020)
Year 3:-$28,683(September 30, 2020-September 29,2021)
Year 4- $28,683(September 30, 2021 -September 29,2022)
Year 5- $28,683 (September 30, 2022-September 29, 2023)
4. Identify the unique qualities and/or capabilities of the service(s)and/or product(s)that qualify this as a Suspension of
Competition acquisition.
The California Health Collaborative (CHC)is the current subcontractor for the Nutrition Education Obesity Prevention
(NEOP)Retail &Marketing and Worksite Wellness objectives targeting six communities(Kerman, Parlier,
Reedley, Sanger,West Fresno, Lowell). CHC leads recruitment for, and implementation of NEOP retail program,
policy, systems, and environmental changes in retail settings to expand access to healthy foods in target
communities.Additionally, CHC leads the NEOP scope of work activities to recruit worksites to implement
nutrition education and physical activity promotion through worksite wellness initiatives using the California Fit
Business Kit.With the County's expected award of CDC SPAN grant funds there is opportunity to expand,
complement, support, and provide resources outside of the target NEOP communities.
Based on CHC's demonstrated skills, progressive outcomes, excellent performance and documented success in
working within the retail setting,the Fresno County Department of Public Health(FCDPH) NEOP considers CHC
as a trusted vendor and partner. CHC also has immediate access to impact the retail and targeted worksite
system to create long term policy change in these settings,which affords them a unique advantage in providing
the required services to the County.
CHC is the lead for the Regional Perinatal Programs of California(RPPC).This program provides quality
improvement resources, consultation, and technical assistance to hospitals and health care providers to assure
the well-being of pregnant women and their babies and to promote access to appropriate levels of high quality
perinatal care.This unique role qualifies CHC to use CDC SPAN funding to expand and promote federal lactation
accommodation laws in Fresno County.
The CHC- RPPC is responsible for working directly with area labor and delivery hospitals on quality care measures
and data metrics. CHC-RPPC has a close working relationship with Fresno County labor and delivery hospitals
and is able to access quality metric data.The RPPC is well respected by local obstetric department managers
and lactation consultant staff within the hospitals. RPPC is currently assisting hospitals within their regional
service area with the Infant Feeding Act Implementation. The FCDPH finds the current capabilities and
experience of the CHC-RPPC to be well-suited for achieving success at expanding and promoting federal
lactation accommodation laws forward in Fresno County.
5. Identify from Administrative Policy#34 what circumstances constitute a Suspension of Competition.
❑In an emergency when goods or services are immediately necessary for the preservation of the public health,welfare,or safety,or for the
protection of County property.
❑When the contract is with a federal,state,or local governmental agency.
❑When the department head,with the concurrence of the Purchasing Agent,finds that the cost of preparing and administering a competitive
E-PD-048(02-2013)
bidding process in a particular case will equal or exceed the estimated contract amount or$2,500 whichever is more.
❑When a contract provides only for payment of per diem and travel expenses and there is to be no payment for services rendered.
❑When obtaining the services of expert witnesses for litigation or special counsel to assist the County.
®When in unusual or extraordinary circumstances,the Board of Supervisors or the Purchasing Agent/Purchasing Manager determines that
the best interests of the County would be served by not securing competitive bids or issuing a request for proposal.
6. Explain why the unique qualities and/or capabilities described above are essential to your department.
FCDPH has determined that CHC possesses essential qualities and experience to perform the required activities
successfully for both objectives.Their experience and contacts in both of the targeted objectives will allow them to
effectively work on and quickly demostrate progress towards scope of work activities with minimal start up time.
7. Provide a comprehensive explanation of the research done to verify that the recommended vendor is the only vendor
with the unique qualities and/or capabilities stated above. Include a list of all other vendors contacted,what they were
asked, and their responses.
Because CHC already has established relationships in the retail settings and can allow for continuity of engagement
within the retail setting,this vendor will be able to begin providing services immediately. CHC is the most qualified
vendor to perform these activities, as they are already providing the required services in six targeted communities
through the current agreement, and would be providing the same activities with other agencies beyond the
current targeted areas with the additional CDC SPAN funding.
Currently there is only one(1) RPPC in the Central Valley region that serves Fresno County.There are no other
agencies and/or vendors in the Fresno or statewide that provides this service in Fresno County other than the
California Health Collaborative-RPPC.
CHC is the only organization that can effectively target both of the objectives by virtue of the current retail services
provided to the County in CHC's existing agreement, as well as their lead role capacity in the CHC-RPPC, CHC is
uniquely qualified to provide both service components.
sricovasquez 1/29/2019 11:33:38 AM Program Manager [<21 Sign] Doub;edick'
Requested By: Title
I approve this request to suspend competition for the service(s)and/or product(s) identified herein.
dpomaville 1/29/2019 11:43:25 AM [<E Sign] DouNeclic;
Department Head Signature
gcornuelle 1/29/2019 12:12:09 PM [a Sign] caubiec!icio
Purchasing Manager Signature
E-PD-048(02-2013)
Agreement No.19-122
I A.G R E E M,E N T
2
3 THIS AGREEMENT Is made and entered into this 12th day of March 2019,by and between the
4 COUNTY Or FRESNO,a Political Subdivision of the State of California, hereinafter referred to as
5 "COUNTY",and.CALIFORNIA HEALTH COLLABORATI I VE,.a, California Not,4Prqfit Organization,whose
6 address is 1680 West Shaw Avenue,Fresno,California;93711,hereinafter referred to as
7 "CONTRACTOR".
8 WITNESSETH
9 HEREAS,COUNTY,through Its Department of Public Health, is in need of a Oualffied agency to
10 assistand implement small retail vendors in adopting healthy food service and stocking guidelines and to
11 promote compliance with federal lactation accommodation laws in targeted workskes within Fresno County;
12 and
13 WHEREAS,CONTRACTOR,has the facilities,equipment and personnel stalled In the provision of
14 such services;and
15 WHEREAS,CONTRACTOR,is qualified and.1s,willing to provide such services,pursuant to the
16 terms and conditions of this Agreement.
17 NOW,THEREFORE.In consideration of the mutual covenants.-terms and conditions.herein
18 contained,the parties hereto agree as foll6ws:
19 1. OBLIGATIONS OF THE CONTRACTOR
20 A. CONTRACTOR shall assist small Fresno County retail vendors In adopting
21 healthy food service and stocking guidelines.
22 B. CONTRACTOR shall promote compliance with federal lactation accommodation
23 laws with targeted woftite partners. Partners may include f ut.arp not limited to.'communl.ty health
24 clinics (i.e. Federally QUWFted Health Centers),Woman Infant and Children clinics,and-cohimunity
25 based organizations.
26 C. CONTRACTOR shall work with State Physical Activity and Nutrition(SPAN)
27 -program-staff to complete and fulfill all responsibilities and objectiVes as identified in the California
28 Health Collaborative,CDC SPAN year-one work plan.
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1 D. Work Plan Requirement identified in Exhibit A, attached hereto and by this
2 reference incorporated herein.
3 E. CONTRACTOR shall work with SPAN program staff to complete and fulfill all
4 responsibilities and objectives as identified in the Disease Control and Prevention (CDC) LHD SPAN
5 Work Plan Requirements identified in Exhibit B, attached hereto and by this reference incorporated
6 herein.
7 2. OBLIGATIONS OF THE COUNTY
8 A. COUNTY shall provide the Work Plan for the coming year once COUNTY has
9 received the finalized Work Plan from the State.
10 B. COUNTY shall work with and assist the CONTRACTOR with activities, strategies,
11 and results as identified in Exhibit A and Exhibit B.
12 3. TERM
13 This Agreement shall become effective upon execution and terminate on September 29,
14 2021. This Agreement may be extended for two (2)additional consecutive twelve (12) month periods upon
15 written approval of both parties no later than thirty(30) days prior to the first day of the next twelve (12)
16 month extension period. The Director or his or her designee is authorized to execute such written approval
17 on behalf of COUNTY base on CONTRACTOR's satisfactory performance.
18 4. TERMINATION
19 A. Non-Allocation of Funds-The terms of this Agreement, and the services to be
20 provided hereunder, are contingent on the approval of funds by the appropriating govemment agency.
21 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
22 terminated at any time by giving the CONTRACTOR thirty(30)days advance written notice. Funding for
23 these services is provided by the US Department of Health and Human Services, Centers for Disease
24 Control and Prevention-State Physical Activity and Nutrition (SPAN) Program (Catalog of Federal
25 Domestic Assistance#93.439), via the California Department of Public Health Nutrition Education and
26 Obesity Prevention Branch grant agreement number 18-10558.
27 N/
28 N/
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1 B. Breach of Contract-The COUNTY may immediately suspend or terminate this
2 Agreement in whole or in part, where in the determination of the COUNTY there is:
3 1) An illegal or improper use of funds;
4 2) A failure to comply with any term of this Agreement;
5 3) A substantially incorrect or incomplete report submitted to the COUNTY;
6 4) Improperly performed service.
7 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any
8 breach of this Agreement or any default which may then exist on the part of the CONTRACTOR, Neither
9 shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or
10 default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the
11 COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of
12 the COUNTY were not expended in accordance with the terms of this Agreement.The CONTRACTOR
13 shall promptly refund any such funds upon demand.
14 C. Without Cause- Under circumstances other than those set forth above, this
15 Agreement may be terminated by COUNTY upon the giving of thirty(30)days advance written notice of an
16 intention to terminate to CONTRACTOR.
17 5. COMPENSATION
18 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
19 compensation as identified in Exhibit C, attached hereto and incorporated herein by this reference.
20 In no event shall actual services performed under this Agreement be in excess of Seventy-Eight Thousand
21 Eight Hundred Ninety and No/100 ($78,890.00) during the period March 12, 2019 through and including
22 September 29, 2021. In no event shall services performed under this Agreement be in excess of Twenty-
23 Eight Thousand Six Hundred Eighty-Three and No/100 ($28,683.00) during each of the two(2) possible
24 one(1) year extensions. It is understood that all expenses incidental to CONTRACTOR's performance of
25 services under this Agreement shall be borne by CONTRACTOR.
26 A. Payments by COUNTY shall be in arrears, for the services provided during the
27 preceding month, within forty-five (45) days after receipt and verification of CONTRACTOR's invoices by
28 COUNTY's Department of Public Health. If CONTRACTOR should fail to comply with any provision of this
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1 Agreement, COUNTY shall be relieved of its obligation for further compensation.
2 B. COUNTY shall not be obligated to make any payments under this Agreement if the
3 request for payment is received by the COUNTY more than forty-five(45)days after the end of the Federal
4 Fiscal Year.
5 C. CONTRACTOR shall be held financially liable for any and all future
6 disallowances/audit exceptions due to CONTRACTOR'deficiency discovered through the State audit
7 process. At COUNTY's selection,the disallowed amount will be remitted within forty-five(45)days to
8 County upon notification or shall be withheld from subsequent payments to CONTRACTOR.
9 6. INVOICING
10 CONTRACTOR shall invoice COUNTY monthly, by the thirtieth (3e)day of each month for
11 the prior month's expenditures, addressed to the County of Fresno, Department of Public Health,OHPW-
12 SPAN, P.O. Box 11867, Fresno,CA 93775,Attention: OHPW-CDC SPAN Staff Analyst. Invoices shall
13 detail line items as specified in Exhibit C, including original budget amount(s), current month's expenses,
14 year to-date expenses, and budget balances. In addition, invoices shall also include all relevant supporting
15 documentation including but not limited to copies of original statements, program expense receipts, payroll
16 records and mileage claims.
17 7. INDEPENDENT CONTRACTOR
18 In performance of the work, duties and obligations assumed by CONTRACTOR under this
19 Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the
20 CONTRACTORS officers,agents, and employees will at all times be acting and performing as an
21 independent contractor, and shall act in an independent capacity and not as an officer,agent, servant,
22 employee,joint venturer, partner, or associate of the COUNTY. Furthermore,COUNTY shall have no right
23 to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and
24 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
25 CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.
26 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
27 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
28 Because of its status as an independent contractor,CONTRACTOR shall have absolutely no right
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1 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
2 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
3 addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
4 to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
5 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
6 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
7 8. MODIFICATION
8 Any matters of this Agreement may be modified from time to time by the written
9 consent of all the parties without, in any way, affecting the remainder. Notwithstanding the above, changes
10 to line items in the budget, attached hereto as Exhibit C, that do not exceed ten percent (10%) of the
11 maximum compensation payable to the CONTRACTOR may be made with written approval of COUNTY's
12 Department of Public Health Director or designee and the designee of the California Department of Public
13 Health. Said budget line item changes shall not result in any change to the maximum compensation
14 amount payable to CONTRACTOR, as stated herein.
15 9. NON-ASSIGNMENT
16 Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties
17 under this Agreement without the prior written consent of the other party.
18 10. HOLD HARMLESS
19 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request,
20 defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
21 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in
22 connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents, or
23 employees under this Agreement, and from any and all costs and expenses (including attorney's fees and
24 costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
25 may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers,
26 agents, or employees under this Agreement.
27 11. INSURANCE
28 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
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1 third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
2 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
3 arrangement or Joint Powers Agreement (JPA)throughout the term of the Agreement:
4 A. Commercial General Liability
5 Commercial General Liability Insurance with limits of not less than Two Million
Dollars($2,000,000.00) per occurrence and an annual aggregate of Four Million
6 Dollars($4,000,000.00). This policy shall be issued on a per occurrence basis.
7 COUNTY may require specific coverages including completed operations, products
liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or
8 any other liability insurance deemed necessary because of the nature of this
contract.
9
B. Automobile Liability
10
Comprehensive Automobile Liability Insurance with limits of not less than One
11 Million Dollars($1,000,000.00) per accident for bodily injury and for property
damages. Coverage should include any auto used in connection with this
12 Agreement.
13 C. Professional Liability
14 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
15 than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars
($3,000,000.00) annual aggregate.
16
D. Worker's Compensation
17
A policy of Worker's Compensation insurance as may be required by the California
18 Labor Code.
19
E. Child Abuse/Molestation and Social Services Coverage
20
CONTRACTOR shall have either separate policies or an umbrella policy with
21 endorsements covering Child Abuse/Molestation and Social Services Liability
22 coverage or have a specific endorsement on their General Commercial liability
policy covering Child Abuse/Molestation and Social Services Liability. The policy
23 limits for these policies shall be One Million Dollars ($1,000,000) per occurrence
with a Two Million Dollars ($2,000,000) annual aggregate. The policies are to be
24 on a per occurrence basis.
25
26 Additional Requirements Relating to Insurance
27 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance
28 naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
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1 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
2 additional insured shall apply as primary insurance and any other insurance,or self-insurance, maintained
3 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
4 provided under CONTRACTORs policies herein. This insurance shall not be cancelled or changed without
5 a minimum of thirty(30)days advance written notice given to COUNTY.
6 CONTRACTOR hereby waives its right to recover from COUNTY, its officers,agents, and
7 employees any amounts paid by the policy of workers compensation insurance required by this
8 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
9 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under
10 this paragraph is effective whether or not CONTRACTOR obtains such an endorsement
11 Within Thirty(30)days from the date CONTRACTOR signs and executes this Agreement,
12 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
13 foregoing policies, as required herein,to the County of Fresno, Department of Public Health, P.O.Box
14 11867, Fresno, CA 93775,Attention: Contracts Section—60 Floor,stating that such insurance coverage
15 have been obtained and are in full force;that the County of Fresno, its officers, agents and employees will
16 not be responsible for any premiums on the policies;that for such worker's compensation insurance the
17 CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and employees any
18 amounts paid under the insurance policy and that waiver does not invalidate the insurance policy;that such
19 Commercial General Liability insurance names the County of Fresno,its officers, agents and employees,
20 individually and collectively, as additional insured, but only insofar as the operations under this Agreement
21 are concerned;that such coverage for additional insured shall apply as primary insurance and any other
22 insurance,or self-insurance, maintained by COUNTY, its officers, agents and employees,shall be excess
23 only and not contributing with insurance provided under CONTRACTORs policies herein;and that this
24 insurance shall not be cancelled or changed without a minimum of thirty(30)days advance,written notice
25 given to COUNTY.
26 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
27 provided,the COUNTY may, in addition to other remedies it may have,suspend or terminate this
28 Agreement upon the occurrence of such event.
-7-
1 All policies shall be issued by admitted insurers licensed to do business in the State of
2 California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
3 rating of A FSC VII or better.
4 12. AUDITS AND INSPECTIONS
5 The CONTRACTOR shall at any time during business hours, and as often as the COUNTY
6 may deem necessary, make available to the COUNTY for examination all of its records and data with
7 respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the
8 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
9 CONTRACTOR'S compliance with the terms of this Agreement.
10 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be
11 subject to the examination and audit of the Auditor General for a period of three (3) years after final
12 payment under contract(Government Code Section 8546.7).
13 13. CONFIDENTIALITY
14 All services performed by CONTRACTOR under this Agreement shall be in strict
15 conformance with all applicable Federal, State of California and/or local laws and regulations relating to
16 confidentiality.
17 14. DATA SECURITY
18 For the purpose of preventing the potential loss, misappropriation or inadvertent access,
19 viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse of
20 COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
21 contractual relationship with the COUNTY for the purpose of providing services under this Agreement must
22 employ adequate data security measures to protect the confidential information provided to
23 CONTRACTOR by the COUNTY, including but not limited to the following:
24 A. CONTRACTOR-Owned Mobile,Wireless, or Handheld Devices
25 CONTRACTOR may not connect to COUNTY networks via personally-
26 owned mobile, wireless or handheld devices, unless the following conditions are met:
27 ///
28 ///
-8-
1 1) CONTRACTOR has received authorization by COUNTY for telecommuting
2 purposes;
3 2) Current virus protection software is in place;
4 3) Mobile device has the remote wipe feature enabled; and
5 4) A secure connection is used.
6 B. CONTRACTOR-Owned Computers or Computer Peripherals
7 CONTRACTOR may not bring CONTRACTOR-owned computers or computer
8 peripherals into the COUNTY for use without prior authorization from the COUNTY's Chief Information
9 Officer, and/or designee(s), including but not limited to mobile storage devices. If data is approved to be
10 transferred, data must be stored on a secure server approved by the COUNTY and transferred by means of
11 a Virtual Private Network(VPN) connection, or another type of secure connection. Said data must be
12 encrypted.
13 C. COUNTY-Owned Computer Equipment
14 CONTRACTOR or anyone having an employment relationship with the COUNTY,
15 may not use COUNTY computers or computer peripherals on non-COUNTY premises without prior
16 authorization from the COUNTY's Chief Information Officer, and/or designee(s).
17 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive data on
18 any hard-disk drive, portable storage device, or remote storage installation unless encrypted.
19 E. CONTRACTOR shall be responsible to employ strict controls to ensure the integrity
20 and security of COUNTY's confidential information and to prevent unauthorized access, viewing, use or
21 disclosure of data maintained in computer files, program documentation, data processing systems, data
22 files and data processing equipment which stores or processes COUNTY data internally and externally.
23 F. Confidential client information transmitted to one party by the other by means of
24 electronic transmissions must be encrypted according to Advanced Encryption Standards(AES)of 128 BIT
25 or higher. Additionally, a password or pass phrase must be utilized.
26 G. CONTRACTOR is responsible to immediately notify COUNTY of any violations,
27 breaches or potential breaches of security related to COUNTY's confidential information, data maintained in
28 ///
-9-
I computer files, program documentation,data processing systems,data files and data processing
2 equipment which stores or processes COUNTY data internally or externally.
3 H. COUNTY shall provide oversight to CONTRACTOR's response to all incidents
4 arising from a possible breach of security related to COUNTY's confidential client information provided to
5 CONTRACTOR. CONTRACTOR will be responsible to issue any notification to affected individuals as
6 required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR Will be
7 responsible for all costs incurred as a result of providing the required notification.
8 15. NON-DISCRIMINATION
9 During the performance of this Agreement, CONTTRACTOR shall not unlawfully
10 discriminate against any employee or applicant for employment, or recipient of services, because of race,
11 religious creed, color,national origin, ancestry, physical disability, mental disability, medical condition,
12 genetic information, marital status, sex,gender,gender identity,gender expression, age, sexual orientation,
13 military status or veteran status pursuant to all applicable State of California and Federal statutes and
14 regulation.
15 16. LICENSESICERTIFICATION
16 CONTRACTOR shall throughout the term of this Agreement, maintain all necessary
17 licenses, permits, approvals,certificates,waivers and exemptions necessary for the provision of the
18 services hereunder and required by the laws and regulations of the United State of America,State of
19 California, Fresno County and any other applicable government agencies. CONTRACTOR shall notify
20 COUNTY immediately in writing of its inability to obtain or maintain such licenses, permits,approvals,
21 certificates,waivers and exemptions, irrespective of the pendency of any appeal related thereto.
22 Additionally, CONTRACTOR shall comply with all other applicable laws, rules or regulations,as any may
23 now exist or be hereafter changed.
24 17. COMPLIANCE WITH STATE REQUIREMENTS
25 CONTRACTOR recognizes that COUNTY operates the SPAN program under an
26 agreement with the State of California Department of Public Health, and that under said agreement the
27 State imposes certain requirements on the COUNTY and its subcontractors.CONTRACTOR shall
28 adhere to all State requirements, including those identified in Exhibit D attached hereto and by this
1 reference incorporated herein. It is understood that Exhibit D also grants the COUNTY certain rights
2 which are reserved to the State; such rights are fully described therein.
3 18. PROPERTY OF COUNTY
4 All purchases over Five Thousand and No/100 Dollars($5,000.00)and certain purchases
5 under Five Thousand and No/100 Dollars ($5,000.00) such as computers, printers, cameras
6 and other sensitive items made during the life of this Agreement shall be identified as fixed assets with
7 an assigned County of Fresno Accounting Inventory Number.These fixed assets shall be retained by
8 the COUNTY, as COUNTY property, in the event this Agreement is terminated or upon expiration of
9 this Agreement. CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed
10 assets and shall be physically present when fixed assets are returned to COUNTY possession at the
11 termination or expiration of this Agreement.
12 19. RECORDS
13 Financial and statistical data shall be kept and reports made as required by the
14 COUNTY's Department of Public Health Director and the State. All such records shall be available
15 for inspection by the designated Auditors of COUNTY or State at reasonable times during normal
16 business hours. All such records shall be maintained through the end of this Agreement. All records
17 shall be considered property of COUNTY and shall be retained by COUNTY at the termination or
18 expiration of this Agreement.
19 20. REPORTS
20 CONTRACTOR shall submit to COUNTY within ten (10)calendar days all program
21 reports for the preceding month. CONTRACTOR shall also furnish to COUNTY such statements,
22 records, reports, data, and other information as COUNTY may request pertaining to matters covered
23 by this Agreement. In the event that CONTRACTOR fails to provide such reports or other information
24 required hereunder, it shall be deemed sufficient cause for COUNTY to withhold monthly payments until
25 there is compliance. In addition, CONTRACTOR shall provide written notification and explanation to the
26 COUNTY within five (5) days of any fund received from another source to conduct the same services
27 covered by this Agreement.
28 ///
-11-
1 21. PROHIBITION OF PUBLICITY
2 None of the funds, materials, property or services provided directly or indirectly under
3 this Agreement shall be used for CONTRACTOR's advertising, fundraising or publicity(e.g.,
4 purchasing of tickets/tables, silent auction donations, media promotions)for the purpose of self-promotion.
5 Notwithstanding the above, publicity of the services described in Section One(1)of this
6 Agreement shall be allowed as necessary to raise public awareness about the availability of such
7 specific services when approved in advance in writing by COUNTY's SPAN Project Coordinator and
8 the California Department of Public Health. Such items include but are not limited to written/printed
9 materials, materials posted on the Internet, or the use of media (e.g., radio, television, billboards,
10 newspapers), and any related expense. Documents prepared by CONTRACTOR using funding under
11 this Agreement for external release shall undergo appropriate review and approval prior to release.
12 Review may take up to thirty (30) business days. Materials, whether newly developed or reprinted,
13 shall include an appropriate acknowledgement/funding statement.
14 22. AUDITS AND INSPECTIONS
15 CONTRACTOR shall at any time during business hours, and as often as the COUNTY
16 may deem necessary, make available to the COUNTY for examination all of its records and data with
17 respect to the matters covered by this Agreement. CONTRACTOR shall, upon request by the
18 COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure
19 CONTRACTOR's compliance with the terms of this Agreement.
20 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
21 CONTRACTOR shall be subject to the examination and audit of the State Auditor for a period of
22 three (3)years after final payment under contract(Government Code Section 8546.7).
23 23. NOTICES
24 The persons and their addresses having authority to give and receive notices under this
25 Agreement include the following:
26 COUNTY CONTRACTOR
Director, County of Fresno CEO
27 Department of Public Health California Health Collaborative
28 P.O.Box 11867 1680 W. Shaw Ave.
Fresno, CA 93775 Fresno, CA 93711
-12-
I All notices between the COUNTY and CONTRACTOR provided for or permitted under this
2 Agreement must be in writing and delivered either by personal service,by first-class United States mail, by
3 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
4 personal service is effective upon service to the recipient. A notice delivered by first-class United States
5 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
6 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
7 COUNTY business day after deposit with the overnight commercial courier service,delivery fees prepaid,
8 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
9 telephonic facsimile is effective when transmission to the recipient is completed(but, if such transmission is
10 completed outside of COUNTY business hours,then such delivery shall be deemed to be effective at the
11 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
12 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
13 establishes,waives, or modifies any claims presentation requirements or procedures provided by law,
14 including but not limited to the Government Claims Act(Division 3.6 of Title 1 of the Government Code,
15 beginning with section 810).
16 24. GOVERNING LAW
17 Venue for any action arising out of or related to this Agreement shall only be in Fresno
18 County,California.
19 The rights and obligations of the parties and all interpretation and performance of this
20 Agreement shall be governed in all respects by the laws of the State of California.
21 25. DISCLOSURE OF SELF-DEALING TRANSACTIONS
22 This provision is only applicable if the CONTRACTOR is operating as a corporation(a
23 for-profit or non-profit corporation)or if during the term of the agreement,the CONTRACTOR changes
24 its status to operate as a corporation.
25 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
26 transactions that they are a party to while CONTRACTOR is providing goods or performing services
27 under this agreement.A self-dealing transaction shall mean a transaction to which the CONTRACTOR
28 is a party and in which one or more of its directors has a material financial interest. Members of the
-13-
1 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
2 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated
3 herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
4 transaction or immediately thereafter:
5 26. SEVERABILITY
6 The positions of this Agreement are severable. The invalidity or unenforceability of any
7 one provision in the Agreement shall not affect the other provisions.
8 27. ENTIRE AGREMENT
9 This Agreement constitutes the entire agreement between the CONTRACTOR and
10 COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations,
11 proposals, commitments, writings, advertisements, publications, and understanding of any nature
12 whatsoever unless expressly included in this Agreement.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-14-
I IN WITNESS WHEREOF, he parties hereto have executed this Agreement as of the day
2 and year first hereinabove written.
3 CONTRACTOR: COUNTY OF FRESNO:
CALIFORNIA HEALTH COLLABORATIVE
4
5 I
(Au holrlzed Signature) Nathan Magsig, Chairman of the Board of
7 Supervisors of the County of Fresno
8 Stephen Ramirez, CEO
9 ATTEST:
Bernice E. Seidel
10 Clerk of the Board of Supervisors
County of Fresno, State of California
11 r, /
12 (AuthorizedSignature)
13 By:
Deputy
14
15 Chris Blalock, Finance Manager
16 Mailing Address:
17 1680 W. Shaw Ave.
Fresno, CA 93711
18 Phone#. 659-244-4525
Contact: Stephen Ramirez, CEO
19 Email:sramirez@healthcollaborative.org
20
21
22 FOR ACCOUNTING USE ONLY:
ORG No.: 56201555
23 Account No.: 7295
24 Fund/Subclass: 0001/10000
25 JW
26
27
28
-15-
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Exhibit B
LHD SPAN Work Plan Requirements
(Pending CDC Review and Approval)
Work Plan—Year One:
Overarching Strategy 1: Implement Food Service Guidelines
Strategy 1: Develop Healthy Meeting policy for state and local government agencies.
Each LHD is required to work towards the development of one Healthy Meeting policy during Year
1.
Strategy 2: Assist small retail vendors in adopting healthy food service guidelines in select counties.
Each LHD is required to work with two small retail vendors to assist in the adoption of healthy food
service guidelines during Year 1.
Overarching Strategy 2: Implement Interventions Supportive of Breastfeeding
Strategy 1: Collaborate with partners to assess the number of sites that support BF in select counties.
Each LHD is required to collaborate with two partners to assess the number of sites that support
BF in select counties. Partners include community health clinics(i.e. FQHC's),WIC clinics and
LHDs.
Strategy 2:Promote compliance with federal lactation accommodation laws in targeted (low-income)
worksites.
Each LHD is required to promote compliance with federal lactation accommodation laws in two
targeted worksite.
Overarching Strategy 3(&5 Combined): Implement&Integrate Nutrition and Physical Activity
Standards into Statewide Early Care and Education(ECE)Systems
Strategy 1: Collaborate with partners to assess the number of ECEs that implement nutrition and PA
standards in select counties.
Each LHD is required to collaborate with one partners to assess the number of ECEs that
implement nutrition and PA standards in select counties.
Strategy 2:Work with the CA Child Care R&R Network and CUP Roundtable to improve PA and nutrition
content in professional development trainings.
Each LHD is required to work with one partner to assess PA and nutrition training needs and
interests.
Strategy 3: Provide Nutrition and PA technical assistance to up to five ECE county R&R organizations,and
up to six individual ECE sites to increase ECE adoption and practice of PA and nutrition standards.
Page 1 of 4
Exhibit B
• Each LHD is required to work with one ECE county R&R organization,and two individual ECE
sites to increase ECE adoption and practice of PA and nutrition standards.
Overarching Strategy 4: Establish New or Improved Pedestrian,Bicycle,and Transit Transportation
Systems.
Strategy 1: Increase community PA by supporting LHD involvement in the development, revision,or
implementation of pedestrian, bicycle,or transportation plans and/or updating a city or county-wide general
plan's transportation or health element or promoting local policy or infrastructure solutions.
• Each LHD is required to work towards the development,revision,or implementation of either
pedestrian, bicycle or transportation plan or the updating of a city or county-wide general plan's
transportation or health element or promoting local policy or infrastructure solutions.
Strategy 2: Increase community PA through training and TA to LHI)s to support the development of
successful application for the CA Department of Transportation's Active Transportation Program(ATP).
• Each LHD is required to participate in one statewide webinar demonstrating the types of
transportation projects and activities fund through the ATP.
• Each LHD is required to assist in one evaluation survey assessing changes in knowledge and
confidence in participating in planning processes among involved LHD staff,
Strategy 3: Support select LHDs to conduct SIRTS program activities including promotion of Walking
School Buses, Bicycle Trains,signage and wayfinding to promote family and community PA.
• Each LHD is required to participate in the dissemination of Walking School Bus and Bicycle Train
Toolkits and infographics to a minimum of two school districts.
• Each LHD is required to participate in one statewide webinar on an emerging SIRTS
implementation,program or policy strategy.
• Each LHD is required to provide assistant in the piloting of one community participatory walkability
audit and subsequent actin planning.
Strategy 4:Collaborate with state-level partners in transportation and planning to include obesity,chronic
disease prevention, and health equity in transportation policy and programming.
• Each LHD is required to identify at least one way to enhance collaboration with Caltrans-which
may include be not be limited to participating in Caltrans'AT efforts through either their newly
created Walk/Bike Technical Advisory Committee or through the existing Active Transportation for
Livable Communities committee(ATLC).
Page 2 of 4
Exhibit B
Work Plan Overview Years Two-Five
Strategy 1: Implement Food Service Guidelines:Building on the findings and success of year one activities,
work plans for years two through five will include strategies and activities that extend services to additional
counties, settings(healthcare,food banks/pantries)and small retail markets as possible.Years two and
three will focus on supports for local government agency healthy meeting policy adoption, assisting small
grocers to improve healthy food access,and deepened evaluation efforts. In years three to five,we will
promote new resources statewide and work with partners to develop trainings and TA to help inform and
drive the approaches.The Cal SPAN team will host convenings,webinars,and/or teleconferences to
support communities of practice.As organizations implement food service guidelines and policies,the team
will develop success stories to highlight achievements,challenges,and lessons learned.
Strategy 2:Implement Interventions Supportive of BF:Building on the findings and success of year one
activities,work plans for years two through five will extend services to additional LHDs, FQHCs, and WIC
clinics.Years two and three will focus on existing BF policies in these sites,and assessing training and TA
needs of the second wave of LHDs and clinics as they begin to develop and implement BF supports.In
years three-five,CDPH will promote new resources statewide,and work with partners to develop trainings
and TA as per the assessment.we will host convenings,webinars, and/or teleconferences to support
communities of practice.Also in years two-five, as organizations implement policies,the Cal SPAN team
will work with them to measure progress and impact and to develop success stories.
Strategies 3&5: Implement&Integrate Nutrition&PA Standards into Statewide ECE Systems:Building on
successes in year one,we will develop partnerships to assist assessing ECE centers' readiness to
implement nutrition and PA standards.The responses from county R&Rs and individual ECE sites will
inform and drive the approach for statewide ECE systems,including the state's child care licensing agency,
California's quality rating and improvement systems(QRIS), and a proposal for an ECE recognition
program.CDPH will host convenings,webinars,and/or teleconferences to support communities of practice.
In years four and five,staff will work with the CA child care licensing to strengthen its PA and nutrition-
related requirements for certification.This may include increasing requirements for continuing education
credits and optional trainings in obesity prevention strategies,including PA,CACFP meal pattern
implementation and nutrition best practices.Also in years four and five,staff will work with CDE to propose
revisions to the existing ECE learning standards and frameworks to include stronger PA and nutrition
content and on integrating enhanced PA and nutrition criteria into QRIS for ECE sites to achieve a higher
performance rating. Finally,CDPH will grow evaluation efforts,and communicate lessons learned and
promising practices.
Strategy 4:Establish New or Improved Pedestrian,Bicycle,and Transit Transportation Systems:The Cal
SPAN team will build upon the success of year one to include promotion and adoption of the CA-based
Healthy Places Index tool (Southern CA Public Health Alliance)and the CDC's Health and Transportation
Tool,and databases into program guidance,tools,and resources.We will promote incorporating health
equity in AT through creation of infographics and messaging in collaboration with partners(e.g.,Safe
Routes to School Partnership,ChangeLab Solutions, Policyl-ink,etc.).We will host convenings,webinars,
Page 3 of 4
Exhibit B
and/or teleconferences to support communities of practice. In years three to five,we will promote new
resources statewide through the SNAP-Ed LHD network. Finally,we will increase our role as a contributor
in the state's AT policy and program work, providing sustainability for these efforts in the future.
Page 4 of 4
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County of Fresno
18-10558
Page 1 of 3
EXHIBIT D
STANDARD GRANT CONDITIONS
I 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
18-10558
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
10-10558
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 E
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 E
(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