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Fresno County Superintendent of Schools-Early Care Education Programs-Nutrition Physical Activity Standards_A-19-121.pdf
ti CIO County of Fresno Hall of Records,Room 301 2281 Tulare Street Fresno,California Board of Supervisors 93721-2 1 98 O 1$3 O Telephone:(559)600-3529 FR'E 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 P IZ 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 Fite 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 Fite 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 File Number.19-0083 File Number /0-0083 REFERENCE MATERIAL: BA)#3G. December 13.2O1G BA|#41. September 27. 2O1G 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 ofSchools On file with Clerk-Agreement with California Health Collaborative CAO,ANALYST: Sonia K8. DeLaRosa Co [_ Email Me] K Sole Source Acquisition Request Double click! 0RE`�� 1. Fully describe the product(s) and/or service(s) being requested. Work with Early Care and Education (ECE) partners to improve physical activity (PA) and nutrition content in professional development trainings, and work with ECE sites to increase adoption of nutrition and PA standards; collaborate with partners to assess ECE sites that implement nutrition and PA standards in Fresno County; work with CA child care resource and referral Network and Child Care Food Program Roundtable to improve PA and nutrition content in professional development trainings; provide nutrition and PA technical assistance to Fresno County ECE sites and resource and referral organizations to increase the number of ECE sites to adopt and practice nutrition and PA standards. 2. Identify the selected vendor and contact person; include the address, phone number and e-mail address for each. Fresno County Superintendent of Schools Cyndi Dean, M.A. Program Coordinator Physical Education, Wellness, and Nutrition Department of Safe& Healthy Kids 1111 Van Ness Avenue, 7th Floor Towers Fresno, CA 93721 (559) 443-4833 cdean@fcoe.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. Total is for up to $141,236 (March 12, 2019-September 29, 2023): Year 1: $26,500, March 12, 2019-September 29, 2019 Year 2-5: $28,684 per year, September 30, 2019-September 29,2023 4. Identify the unique qualities and/or capabilities of the service(s) and/or product(s) that qualify this as a sole source acquisition. Fresno County Superintendent of Schools (FCSS)- School Wellness vendor is the current subcontractor for the NEOP grant school wellness objective. FCSS leads the NEOP scope of work activities to implement nutrition and physical activity interventions in classroom and afterschool settings, as well as policy, systems and environmental changes in schools, e.g., Smarter Lunchrooms, FCSS coordinates school staff and parent participation at events targeting Fresno County elementary, middle, and high school students that promote youth engagement in nutrition education and physical activity. The County expects to receive new California Department of Public Health (CDHP)grant funding (CDC SPAN)to support complementary education services. With the new funding FCSS would have an opportunity to complement, support, and provide resources to increase the number of ECE sites to implement and integrate nutrition and PA activity standards into Statewide ECE Systems. FCSS is a trusted vendor for the Fresno County Department of Public Health (FCDPH) NEOP Program based on demonstrated skills, progressive outcomes, excellent performance, and documented success in working within the school setting. FCSS continues to be in good standing and rapport with the FCDPH and NEOP Program staff. FCSS has immediate access to impact the FCSS ECE system to make long term policy change in ECE settings. 5. Explain why the unique qualities and/or capabilities described above are essential to your department. E-PD-047 (02-2013) Due to delays in program initiation, it is imperative that the contractor be able to work on activities as soon as possible. Because FCSS already has established relationships in the schools and ECE settings, they will be able to begin immediately. In addition, school-bases 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. 6. Provide a comprehensive explanation of the research done to verify that there is only a sole vendor that is capable of providing the required service(s) and/or product(s). Include a list of all other vendors contacted with regard to providing the requested product(s) and/or service(s) and indicate their response. The FCSS Early Care and Education (ECE) department is the liaison between the California Department of Education and more than 240 subsidized ECE and childcare programs in Fresno County. There are no other vendors who can provide direct services to all 240 school-based ECE sites in all of Fresno County without initiation and acceptance of a MOU to provide program services by an outside vendor. FCSS works in collaboration with higher education, other agencies, and providers to promote a seamless transition between ECE programs and the schools such as, the Childcare and Development Local Planning Council (a forum which supports planning and actions to promote a quality early care and education system that meets the needs of all children and families),school- based parent resource service centers, and the Children's Lighthouse. Through these collaborative efforts FCSS has a unique partnership with First 5 Fresno County where, as a part of its strategic plan, First 5 Fresno County built the Lighthouse for Children and is providing Fresno County Office of Education the space to operate the Center to serve as an innovative lab for early childhood professionals, offers observation areas, and on-site training opportunities to learn approaches to high-quality care. In addition, the County investigated and found the only other agencies that could have an impact outside the school-based ECE sites that are not under the governance of FCSS are Central Valley Children's Services Network and UC CalFresh Nutrition Education Program. As indicated above, they would need to obtain permission from FCSS to collaborate and serve school-based ECE sites. These two agencies could not institute uniform policy without the support and direction of FCSS. The Department has a current agreement with FCSS to serve FCSS school sites. FCSS is the only vendor in Fresno County that has domain over ECE school-based sites, school districts, infrastructure and in-house resources to reach 240 ECE sites with a large sustainable policy, system and environmental change efforts. They also have the ability to actively engage the ECE partner networks, share resources, and training opportunities with outside partners sricovasquez 1/29/2019 11:26:44AM Program Manager [o Sign] Double click! Requested By: Title I approve this request to sole source for the service(s) and/or product(s) identified herein. dpomaville 1/29/2019 11:42:35 AM [o Sign] Double dick! Department Head Signature gcornuelle 1/29/2019 12:12:25 PM [C Sign] Double click' Purchasing Manager Signature E-PD-047(02-2013) Agreement No. i9-121 | 1 AGREEMENT 2 3 THIS AGR EEMENT is made and entered into this 12th day of March,2O19, bv and between the 4 COUNTYOFFRESNO.oPolitical Subdivision of the State of California,hereinafter referred to as 5 "OOUNTY',and FRESNO COUNTY S0PER.IWTENDENTOF-SCHOOLS,e California Educational G Organization,whose address is 1111 Van Ness Avenue, Fresno,California,93721, hereinafter referred to 7 as"CONTRACTOR'. 8 8 WHEREAS,COUNTY,through its Department of Public Health,is in need of a.quarified agency to 10 provide physical activity(PA).and nutritional trainings,technical assistance,resources and referral 11 organizations to Early Care and Education(ECE)partners toincrease thenumberzf ECE sites bJadopt 12 and practice nutritional and P&standards;and 13 WHEREAS,CONTRACTOR, has the facilities,equipment, resources and personnel skilled in 14 provision of such services to increase the number of ECE sites to implement and integrate rjutrition and PA 15 activity standards into Statewide EOE Systems;and 16 WHEREAS,CONTRACTOR,is qualified and is willing to proVide such services, pursuant to the 17 terms and conditions of this Agreement. 18 NOW,THEREFORE, in consideration of the mutual covenants,terms and conditions herein 19 contained,the parties hereto agree oofollows: 20 1 OBLIGATIONS OF THE CONTRACTOR . 21 A. CONTRACTOR shall perform during the first year oy this Agreement all services 22 and fulfiUall responsibilities identified in the Centers for Disease Control-and Prevention ACDC\SPAN 23 Work Plan identified in Exhibit A,year-one work plan,attached hereto and by this reference 24 incorporated herein. 25 B. CONTRACTOR shall work with COUNTY to implement and integrate nutrition and 26 PA standards into Statewide ECE systems as received from the State on an annual basis. 27 C. CONTRACTOR shall work with State Physical Activity and Nutrition (SPAN) 28 program staff to complete and fulfill all responsibilities and objectives as identified in Exhibit A. -1- 1 2A. COUNTY shall provide the Work Plan for the coming year once COUNTY has 2. OBLIGATIONS OF THE COUNTY received the finalized Work Plan from the State. 4 B. COUNTY shall work with and assist the CONTRACTOR with activities,strategies, 5 and results as identified in Exhibit A and the Local Health Department(LHC)SPAN 5 Year Work Plan, 6 identified in Exhibit 13,attach hereto and by this reference incorporated herein. 7 3. TERM 8 The term of this Agreement shall be effective upon execution through and including 8 September 29,2021. This Agreement may be extended for two(2)additional consecutive twelve(12) 10 month periods upon written approval of both parties no later than thirty(30)days prior to the first day of the 11 next twelve(12)month extension period. The Director of Public Health or his or her designee is authorized 12 to execute such written approval on behalf of COUNTY based on CONTRACTOR'S satisfactory 13 14 4. TERMINATION 15 A. 'The terms of this Agreement,and the services to be 16 provided hereunder,are contingent on the approval of funds by the appropriating government agency. 17 Should sufficient funds not be allocated,the services provided may be modified,or this Agreement 18 terminated,at any time by giving the CONTRACTOR thirty(30)days advance written notice. Funding for 19 these services is provided by the US Department of Health and Human Services,Centers for Disease 20 Control and Prevention-State Physical Activity and Nutrition(SPAN)Program(Catalog of Federal 21 Domestic Assistance#93.439),via the California Department of Public Health NutritionEdumationand 22 Obesity Prevention Branch grant agreement number 18-1O558. 23 B. The COUNTY may immediately suspend or terminate this 24 Agreement in whole or in part,where in the determination of the COUNTY there is: 25 1) Au illegal or improper use offunds; 26 2) A failure to comply with any term nf this Agreement; 27 3) A substantially incorrect or incomplete report submitted to the COUNTY; 28 4) Improperly performed service. -2- 1 1 n no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach 2 of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such 3 payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. 4 The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any 5 funds disbursed to the CONTRACTOR under this Agreement,which in the judgment of the COUNTY were G not expended in accordance With the terms of this Agreement.The CONTRACTOR shall promptly refund 7 any such funds upon demand. 8 C. Without Cause-Under circumstances other than those set forth above,this Q Agreement may be terminated by COUNTY upon the giving of thirty(30)days advance written notice of an 10 intention to terminate to CONTRACTOR. 11 12 A. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive 13 compensation as identified in Exhibit C,attached hereto and incorporated herein by this reference. 14 1) |nno event shall actual services performed under this Agreement be in 15 excess of Thousand Eight Hundred Sixty-Eight and No/1 00($83.868.00)for the period 16 effective upon execution through September 2Q.2O21. 17 2\ |nno event shall services performed under this Agreement bein excess of 18 Twenty-Eight Thousand Six Hundred Eighty-Four and No/1000G28.G84.00\during each nf the two(2) 19 possible one/1\year extensions. 20 It is understood that all expenses incidental to CONTRACTOR's performance of 21 services under this Agreement shall bebomnebyCONTRACTOR. 22 B. CONTRACTOR shall submit monthly invoices in triplicate to the County of Fresno, 23 Department of Public Health,OHPVV-SPAN.P.O.Box 11887. Fresno,CA 83775.Attention:OHFW-SPAN 24 Staff Analyst. 25 C. COUNTY shall not be obligated to make any payments under this Agreement if the 26 request for payment io received bythe COUNTY more than (45)days after the end of the Federal 27 Fiscal Year. 28 /V -3- 1 6. INDEPENDENT CONTRACTOR 2 In performance of the work,duties and obligations assumed by CONTRACTOR under this 3 Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the 4 CONTRACTOR'S officers,agents,and employees will at all times be acting and performing as an 5 independent contractor,and shall act in an independent capacity and not as an officer,agent,servant, S employee,joint venturer,partner,or associate of the COUNTY. Furthermore,COUNTY shall have no right 7 to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and 8 function. However,COUNTY shall retain the right to administer this Agreement so as to verify that 0 CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. 10 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the 11 rules and regulations, if any,of governmental authorities having jurisdiction over matters the subject 12 13 Because of its status as an independent contractor,CONTRACTOR shall have absolutely 14 no right to employment rights and benefits available to COUNTY employees.CONTRACTOR shall be 15 solely liable and responsible for providing to,or on behalf of, its employees all legally-required employee 16 benefits. In addition,CONTRACTOR shall be solely responsible and save COUNTY harmless from all 17 matters relating to payment of CONTRACTORS employees,including compliance with Social Security 18 withholding and all other regulations governing such matters. It is acknowledged that during the term of this 10 Agreement,CONTRACTOR may be providing services to others unrelated to the COUNTY or to this 20 Agreement. 21 7. MODIFICATION 22 Any matters of this Agreement may be modified from time to time by the written consent of 23 all the parties without,in any way,affecting the remainder. Notwithstanding the above,changes to line 24 items in the budget,attached hereto as Exhibit C,that do not exceed ten percent(10%)of the maximum 25 compensation payable to the CONTRACTOR may be made with written approval of COUNTY's 26 Department of Public Health Director or designee and the designee of the California Department of Public 27 Health. Said budget line item changes shall not result in any change to the maximum compensafion 28 amount payable tn CONTRACTOR,oo stated herein. -4- 1 8. NON-ASSIGNMENT 2 Neither party shall assign,transfer or sub-contract this Agreement nor their rights or duties 3 under this Agreement without the prior written consent of the other party. 4 9. HOLD HARMLESS 6 CONTRACTOR agrees to indemnify,save, hold harmless,and at COUNTY's request, S defend the COUNTY, its officers,agents and employees from any and all costs and expenses, 7 including attorney fees and court costs,damages, liabilities,claims and losses occurring or resulting to 8 COUNTY in connection With the performance,or failure to perform, by CONTRACTOR, its officers,agents Q or employees under this Agreement,and from any and all costs and expenses,including attorney fees and 10 court costs,damages, liabilities,claims and losses occurring or resulting to any person,firm or corporation 11 who may be injured or damaged by the performance,or failure to perform,of CONTRACTOR,its officers, 12 agents or employees under this Agreement. 13 COUNTY agrees to indemnify,save, hold harmless,and at CONTRACTOR's request, 14 defend CONTRACTOR, 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 CONTRACTOR in connection with the performance,or failure to perform, by COUNTY,its officers,agents 17 or employees under this Agreement,and from any and all costs and expenses,including attorney fees and 18 court costs,damages, liabilities,claims and losses occurring or resulting to any person,firm or corporation 19 who may be injured or damaged by the performance,or failure to perforrn,of COUNTY, its officers,agents 20 or employees under this Agreement. 21 CONTRACTOR agrees to indemnify COUNTY for Federal and/or State ofCo|ifoniaaudit 22 exceptions resulting from noncompliance herein nn part ofCONTRACTOR. 23 10' INSURANCE 24 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any 25 third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect,the following 26 insurance policies or program of self-insurance, including but not limited to, an insurance pooling 27 arrangement or Joint Powers Agreement(JPA)throughout the term of the Agreement: 28 6Y -5- 1 A. Commercial General Liabili 2 Commercial General Liability Insurance with limits of not less than Two Million Dollars .000.000. per occurrence and on annual aggregate of Four Million a Dollars($4,000,000.00).This policy shall be issued on a per occurrence basis. 4 COUNTY may requirespecific coverages including completed operations, products liability,contractual liability, Explosion-Collapse-Underground,fire legal 5 liability or any other liability insurance deemed necessary because of the nature of this contract. 6 B. Automobile Liabili Comprehensive Automobile Liability Insurance with limits of not less than One 8 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 S Agreement. 10 C. Professional Liabili 11 |f CONTRACTOR employs licensed professional staff, (e.g, Ph.D, R.N, 12 L.C.S.W., M.F.C.C.)in providing services, Professional Liability Insurance with limits of not less than One Million Dollars($1,000,000.00)per occurrence,Three 13 Million Dollars($3.000.0O0.O0)annual aggregate. 14 D. Workers Compensation 15 A policy of Worker's Compensation insurance as may he required bvthe California Labor Code. 16 E Child Abuse/Molestation and Social Services Coverage 17 E. 18 CONTRACTOR ohaU have either separate policies nranvmbrel policy with endorsements covering Child Abuse/Molestation and Social Services Liability 10 coverage or have oapacifiu endorsement on their General Commercial liability policy covering Child Abuse/Molestation and Social Services Liability.The policy 20 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 21 una per occurrence basis. 22 23 24 25 Additional Requirements Relating to Insurance 26 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance 27 naming the County of Fresno,its officers,agents,and employees,individually and collectively,as additional 28 insured,but only insofar as the operations under this Agreement are concemed. Such coverage for -6- 1 additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained 2 by COUNTY, its officers,agents and employees shall be excess only and not contributing with insurance 3 provided under CONTRACTORs policies herein. This insurance shall not be cancelled or changed without 4 a minimum of thirty(30)days advance written notice given to COUNTY. 5 CONTRACTOR hereby waives its right to recover from COUNTY, its officers,agents,and G employees any amounts paid by the policy of worker's compensation insurance required by this 7 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be 8 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under 8 this paragraph is effective whether or not CONTRACTOR obtains such an endorsement. 10 Within Thirty(30)days from the date CONTRACTOR signs and executes this Agreement, 11 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the 12 foregoing policies,as required herein,to the County of Fresno, Department of Public Health, P.O.Box 13 11867, Fresno,CA 93775.Attention:Contracts Section—61h Floor,stating that such insurance Goverage 14 have been obtained and are in full force;that the County of Fresno, its officers,agents and employees will 15 notbenasponeibkafovanypnaniumeonthepohoiee;thotfovmuchwmrke/soonnpenaationinaunanoathe 16 CONTRACTOR has waived its right to recover from the COUNTY,its officers,agents,and employees any 17 amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that 18 such Commercial General Liability insurance names the County of Fresno,its officers,agents and 19 employees, individually and collectively,as additional insured,but only insofar as the operafions under this 20 Agreement are concerned;that such coverage for additional insured shall apply as primary insurance and 21 any other insurance,or self-insurance, maintained by COUNTY, its officers,agents and employees,shall 22 be excess only and not contributing with insurance provided under CONTRACTORs policies herein;and 23 that this insurance shall not be cancelled or changed without a minimum of thirty(30)days advance,written 24 notice given toCOUNTY. 26 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein 26 provided,the COUNTY may,in addition to other remedies it may have,suspend or terminate this 27 Agreement upon the occurrence of such event. 38 All policies shall be issued by admitted insurers licensed to do business in the State of -7- 1 California,and such insurance shall be purchased from companies possessing a current A.M.Best, Inc. 2 rating of A FSC VII or better. 3 11. AUDITS AND INSPECTIONS 4 The CONTRACTOR shall at any time during business hours,and as often as the COUNTY 5 may deem necessary,make available to the COUNTY for examination all of its records and data with 6 respect to the matters covered by this Agreement.The CONTRACTOR shall, upon request by the 7 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure 8 CONTRACTORS compliance with the terms of this Agreement. 9 If this Agreement exceeds ten thousand dollars($10,000.00), CONTRACTOR shall be 10 subject to the examination and audit of the Auditor General for a period of three(3)years after final 11 payment under contract(Government Code Section 8546.7). 12 12. DATA SECURITY 13 For the purpose of preventing the potential loss, misappropriation or inadvertent access, 14 viewing, use or disclosure of COUNTY data including sensitive or personal client information;abuse of 15 COUNTY resources;and/or disruption to COUNTY operations,individuals and/or agencies that enter into a 16 contractual relationship With the COUNTY for the purpose of providing services under this Agreement must 17 employ adequate data security measures to protect the confidential information provided to 18 CONTRACTOR by the COUNTY,including but not limited to the following: 19 A. CONTRACTOR-Owned Mobile,Wireless,or Handheld Devices 20 CONTRACTOR may not connect to COUNTY networks via personally-owned 21 mobile,wireless or handheld devices, unless the following conditions are met: 22 1 CONTRACTOR has received authorization by COUNTY for telecommuting 23 purposes; 24 2) Current virus protection software is in place; 25 3) Mobile device has the remote wipe feature enabled;and 26 4) A secure connection is used. 27 B. CONTRACTOR-Owned Computers or Computer Peripherals 28 N -8- I CONTRACTOR may not bring CONTRACTOR-owned computers or computer 2 peripherals into the COUNTY for use without prior authorization from the COUNTY's Chief Information 3 Officer,and/or designee(s),including but not limited to mobile storage devices. If data is 4 approved to be transferred,data must be stored on a secure server approved by the COUNTY and 6 transferred by means of a Virtual Private Network(VPN)connection,or another type of secure connection. O Said data must be encrypted. 7 C. COUNTY-Owned Computer Equipmen O CONTRACTOR or anyone having an employment relationship with the COUNTY, Q may not use COUNTY computers or computer peripherals on non-COUNTY premises without prior 10 authorization from the COUNTY's Chief Information Officer, and/or designee(s). 11 O. CONTRACTOR may not store COUNTY's private, confidential or sensitive data on 12 any hard-disk drive,portable storage device,or remote storage installation unless encrypted. 13 E. CONTRACTOR shall be responsible to employ strict controls to ensure the integrity 14 and security of COUNTY's confidential information and to prevent unauthorized access,viewing,use or 15 disclosure ofdata maintained in computer files,program documentation,data processing systems,data 16 files and data processing equipment which stores or processes COUNTY data internally and externally. 17 F. Confidential client information transmitted to one party by the other by means of 18 electronic transmissions must be encrypted according to Advanced Encryption Standards(AES)of 128 BIT 19 or higher. Additionally,o password or pass phrase must beutilized. 30 G. CONTRACTOR is responsible to immediately notify COUNTY of any violations, 21 breaches or potential breaches of security related to COUNTY's confidential information,data maintained in 22 computer fi|eo.program documentation,data processing systems,data files and data processing 23 equipment which stores or processes COUNTY data internally or externally. 24 H. COUNTY shall provide oversight boCONTRACTOFyoneeponmebooUinddenta 25 arising from a possible breach of security related to COUNTY's confidential client information provided to 26 CONTRACTOR. CONTRACTOR will be responsible to issue any notification to affected individuals as 27 required bv law urae deemed necessary bv COUNTY in its sole discretion. CONTRACTOR will be 28 responsible for all costs incurred aon result of providing the required notification. -9- 1 13. CONFIDENTIALITY 2 All services performed by CONTRACTOR under this Agreement shall be in strict 3 conformance with all applicable Federal,State of California and/or local laws and regulations relating to 4 confidentiality. 5 14. NON-DISCRIMINATION 6 During the performance of this Agreement,CONTTRACTOR shall not unlawfully 7 discriminate against any employee or applicant for employment,or recipient of services, because of race, 8 religious creed,color, national origin,ancestry,physical disability, mental disability, medical condition, 9 genetic information, marital status,sex,gender,gender identity,gender expression,age,sexual orientation, 10 military status or veteran status pursuant to all applicable State of California and Federal statutes and 11 regulation. 12 15. LICENSES/CERTIFICATION 13 CONTRACTOR shall throughout the term of this Agreement maintain all necessary 14 licenses, permits,approvals,certificates,waivers and exemptions necessary for the provision of the 15 services hereunder and required by the laws and regulations of the United States of America,State of 16 California, Fresno County and any other applicable government agencies.CONTRACTOR shall 17 notify COUNTY immediately in writing of its inability to obtain or maintain such licenses, permits, 18 approvals,certificates,waivers and exemptions, irrespective of the pendency of any appeal related 19 thereto.In addition,CONTRACTOR shall comply with all other applicable laws,rules,or regulations, 20 as any may now exist or be hereafter changed. 21 16. COMPLIANCE WITH STATE REQUIREMENTS 22 CONTRACTOR recognizes that COUNTY operates is CDC SPAN program under an 23 agreement with the State of California Department of Public Health,and that under said agreement the 24 State imposes certain requirements on the COUNTY and its subcontractors.CONTRACTOR shall 25 adhere to all State requirements,including those identified in Exhibit D attached hereto and by this 26 reference incorporated herein. It is understood that Exhibit D also grants the COUNTY certain rights 27 which are reserved to the State;such rights are fully described therein. 28 /// -10- 1 17. RECORDS 2 Financial and statistical data shall be kept and reports made as required by the 3 COUNTY's Department of Public Health Director and the State.All such records shall be available for 4 inspection by the designated Auditors of COUNTY or State at reasonable times during normal 5 business hours.All such records shall be maintained through the end of this Agreement.All records G shall be considered property of COUNTY and shall be retained by COUNTY at the termination or 7 expiration of this Agreement. 8 18. PROBIHIBITION OF PUBLICITY S None of the funds,materials, property or services provided directly or indirectly under 10 this Agreement shall be used for CONTRACTOR's advertising,fundraising or publicity(e.g., 11 purchasing of tickets/tables,silent auction donations,media promotions)for the purpose of self-promotion. 12 Notwithstanding the above, publicity of the services described in Section One(1)of this 13 Agreement shall be allowed as necessary to raise public awareness about the availability of such 14 specific services when approved in advance in writing by COUNTY's CDC SPAN Project Coordinator and 15 the California Department of Public Health.Such items include but are not limited to written/priinted 16 materials,materials posted on the Internet,or the use of media(e.g.,radio,television,billboards, 17 newspapers),and any related expense. Documents prepared by CONTRACTOR using funding under 18 this Agreement for external release shall undergo appropriate review and approval prior to release. 19 Review may take upbo thirty(3O)business days. Materials,whether newly developed orreprinted, 20 shall include anappropriateacknowledgement/funding utatement. 21 1@. AUDITS AND INSPECTIONS 22 CONTRACTOR shall ad any time during business hours,and aa often ae the COUNTY 23 may deem necessary,make available to the COUNTY for examination all cf its records and data with 24 respect to the matters covered by this Agreement.CONTRACTOR mha||. uponmquwst by the 25 COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure 26 CONTRACTORrs compliance with the terms of this Agreement. 27 |f this Agreement exceeds Ten Thousand and No/1&0 Dollars($1O.00O.UO), 28 CONTRACTOR shall be subject to the examination and audit of the State Auditor for a period of -11- 1 three(3)years after final payment under contract(Government Code Section 8546.7). 2 20. NOTICES 3 The persons and their addresses having authority to give and receive notices under this 4 Agreement include the following: 5 COUNTY CONTRACTOR Director, County of Fresno Superintendent of Schools Department of Public Health Fresno County Superintendent of Schools P.O. Box 11867 1111 Van Ness Ave.Fresno,CA 93775 Fresno,CA 93721 8 All notices between the COUNTY and CONTRACTOR provided for or permitted under this 0 Agreement must be in writing and delivered either by personal service, by first-class United States mail,by iO an overnight commercial courier service,or by telephonic facsimile transmission. A notice delivered by 11 personal service is effective upon service to the recipient. A notice delivered by first-class United States 12 mail is effective three COUNTY business days after deposit in the United States mail,postage prepaid, 13 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one 14 COUNTY business day after deposit with the overnight commercial courier service,delivery fees prepaid, 15 with delivery instructions given for next day delivery,addressed to the recipient. A notice delivered by 16 is 17 completed outside of COUNTY business hours,then such delivery shall be deemed to be effective at the 18 next beginning ofoCOUNTY business cay). provided that the sender maintains a machine record of the 19 completed transmission. For all claims arising out ofor related to this Agreement, nothing in this section 20 establishes,waives,or modifies any claims presentation requirements or procedures provided by law, 21 including but not limited to the Government Claims Act(Division 3.Gof Title 1 of the Government Code, 22 beginning with section 81O). 23 21' GOVERNING LAW 24 Venue for any action arising out of or related to this Agreement shall only be in Fresno 25 County,California. 28 The rights and obligations of the parties and all interpretation and performance of this 27 Agreement shall be governed in all respects by the laws of the State of California. 28 6Y -12- 1 22. DISCLOSURE OF SELF-DEALING TRANSACTIONS 2 This provision is only applicable if the CONTRACTOR is operating as a corporation (a 3 for-profit or non-profit corporation)or if during the term of the agreement, the CONTRACTOR changes 4 its status to operate as a corporation. 5 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing 6 transactions that they are a party to while CONTRACTOR is providing goods or performing services 7 under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR 8 is a party and in which one or more of its directors has a material financial interest. Members of the 9 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and 10 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated 11 herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing 12 transaction or immediately thereafter. 13 23. SEVERABILITY 14 The positions of this Agreement are severable.The invalidity or unenforceability of any 15 one provision in the Agreement shall not affect the other provisions. 16 24. ENTIRE AGREMENT 17 This Agreement constitutes the entire agreement between the CONTRACTOR and 18 COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations, 19 proposals,commitments,writings,advertisements, publications, and understanding of any nature 20 whatsoever unless expressly included in this Agreement. 21 22 23 24 25 26 27 28 -13- 1 IN WITNESS WHEREOF, he parties hereto have executed this Agreement as of the day 2 and year first hereinabove written. 3 CONTRACTOR: COUNTY OFFRESNO: FRESNO COUNTY SUPERINTENDENT OF 4 SCHOO, 5y 6 (Autho 4%d'Sign ture) Nathan Magsig, Chairman of t e oard of 7 Supervisors of the County of Fresno 8 9 Jim A.Yovino, Superintendent Print Name&Title 10 ATTEST: 11 Bernice E. Seidel Clerk of the Board of Supervisors 12 County of Fresno, State of California 13 14 By: — Deputy 15 Mailing Address 1111 Van Ness Ave. 16 Fresno, CA 93721 Phone#: 559-443-4833 17 Contact: Cyndi Dean, Program Coordinator Email: cdean@fcoe.org 18 FOR ACCOUNTING USE ONLY: 19 20 21 ORG No.: 22 Account No.: 56201555 Fund/Subclass: 7295 23 24 JW 25 26 27 28 -14- Q a v O1 Q fn m m +1 E o c ai S .0 a0+ 7- ca O N W N 1 (7 (7 C7 (7 c — a E I- W u cu n c a W C O U N Q cu O O N •a+ E m a! c U U m 3 O W C m LL C Ln Ln Ln co En m W O f V 41 O _ U m T a c41 > O O a)U to _ m � 41 3 L Q T m to m U a) ..O c LU ° s z E m c ai O U > 7 m 3 O C -0 cz C aJ 'a m v a M a) CO GO •ai +, a) C 'O Y 41 a C c vi t% W 7 O cyif 3 C iz r U u C a) ' w 00 O aJ .4 ) 00O O WE a) ci y u OL O C aL+ .D (La a C .c 000 cn ti- Ln m p cu a+ cmn cu jca O O +E u u Q C L Q41 O u- Y m m 0Z m a C rm o y o e i O m OF ,nu a VU v m E U E m m .O m c m O w m L u W � Q 0 •> L C C a) of O C E +•' f0 � d U r 41 U m m O41 '� �^ Ln 7 L O 0 -O R Q _C C 1 "O 0 _N O.. � -p tn 1 ..O O m O +m, d a s Q m N > Ln aj C a a1 a) O E N Ln Ln c m e 1 c c a7 p .0 a 41 0— Ei v >' 41 n C fO aci FQ tea + m C 41CL 4' Ea o� l E cn > m ra. u a " h � c +� 4- Ow a) aJ c) m O U > W O W m 'O C _C Y C S i+ m m 4-- U w c O O -0 L O CL Q u 4+ O al O +� u m m +co U m O C ++ ` 41C z a N S° a) +; 3 a) +' a, c- w c Q c t b4CCU E E v >.• 'p U C .0 r U bA m CL m Ln h a ai '^ v ai — W � _ 41 — +, m 4- t -0 of of m e 'A v E C C O � L w � Ln u 3 Ln L {n m m al p CU o -0 cu c w v 6 a, 3 o a, t 41L E N m c c o c +, w t c O 3 7 m Ln 0 m m O +, E c C O Q a) L m C O Ln al W ,O C 41 d .Y d U f�Q a) T t v1 h U ai m L v L LL - + m m `—' m a W a ai c 0 U O Lf u c Ln E c ai 4. c m 3 U CL C >, t v 410 C m e a) > °� 3 ai +� L ca) OJ Aicn C E a C Q a) _T y CU + v � E C �E 0 O CL C O C O L r O O O O m U 41 p O C — O Q) i ate+ a H > s cI •C 3 _ c 41 O aJ o 'o Q N + 4 c C m "0 ci "N N) m c o cu — C O O O o a) a) N al O O m , O m E v mE co O L C O. E aJ r n a) O L a7 J H N M aO O N ]C L F C m E N to o E bA ai +_�+ sT+ ai i'c U r m }+ L L ` t+ O -a N m C C � •� u •> -6 •� p 4— \ 5 0 in vri a V U 4j N d Q Q 1 Q 1 Q fCE < k % ( \ \ LU cr k � \ c m � O � r a a 0 / § E Ln m ai < _ _ -0 2 2 ° c m 2 § t c u k \ U k § m T� E u § » / / 3 2 k f ) \ n { § \ § k y Q 7 4 41 - _ £ 7 ° c m � / 2 < / E / Co / » _ \ 3 � \ q 2 / k ai E / / E § \ § 2 � — m w \ 5 c a a % .2 § > g & e g o ' E y E 7 % / / t 5 _• § 3 ƒ m ® 3 / � u ® E u > $ \ E § / E / E \ � tw 2 { u k � £ $ ~ ® o / / : • 0 \ ± ° G § « 7 ƒ o _ o E e u / § u = _ u _ » c k a $ # ° L # ~ E \ / 2 G £ > o 3 E & 2 c Cl) z u © ° > 3 ) ƒ / cc � _ ai \ ) \ k $ E \ 2 E / \ Ln ƒ r \ E 7 3 0 cu E \ 2 0a k / e § 1 \ 3 = _ k k o \ / \ $ u ro § i / • 2 R f E f 0 7 7 Ln Ln 2 E / E < # r . % _ c o / � < / u m \ \ / 2 cc / CU > ® 0 ® E > § R E £ / ¥ % ƒ CL < c b 2 > E q 3 \ m u � n / : § s o a. L m 0 _ = f G c F u CL 7 z = . . u g f \ \ / § § \ k 2 k / E 5 � 3 = L u o b e § o ± s q < £ 2 R ± s ± E ^ d $ k K Q k Ne Ln " 2 i6 Co # w 4 % � A ( E # 5 ± # § § k » 2 > ' > : _ : n \ & k a < k < < \ ƒ / « C cr � 2 k E q ƒ 3 § / E § / u V) k < \ / k \ \ a. -aC £ o 0 m a % 2 7 § — » \ 0 . / { t \ / k ? § § / » / M < § t # % / c = \ >- ) ( a o « 3 q £ W § / 2 m Q _ — � = w Uo 3 2 / k b a co � t 2 / 7 — = ® ƒ § / \ o k k / \ o LL' ¢ ~ u k \ \ / k 2 cl \ k § a . \ o < u @ \ G ° J / $ A J £ co e u E E 2 / o 0 ` 2 5 ' E 2 §C _ 4 « § \ 2 I \ / ku � / 41 / CL LuJ 2 « £ \ ¢ _ � — 2 Q § U E& § \ \ k m § 9 \ m k a) $ 1 a) = m c 2 ai 5 L ® Q_ \ § / $ b £ t ® m / c � / ® 7 ƒ 2 f 2 % 'n / § ± d ( § u a = c u / G § 4 M / °= m m 7 £ f o / \ y Ln 7 § \ Co / ai kCo 4� / u ai m 4 o < z � ® o § \ C t m \ U t § � / \ ( « 0 \ \ \ S S = o < V e a. / « LU E z q — 2 Q G N % g % _ ( & c S 2 » £ § a ) 2 q 2 f ' E £ ¥ I � m C £ 7 \ V) a < k k Uj Exhibit M��� SPAN Work Requirements u���u~ux�� ^�o ^�on nn"�vxvo 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 V8Odnu;in adopting healthy food o0micn guidelines in select counties. w 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 ofBnaostfoeding Strategy 1: Collaborate with partners to assess the number o(sites that support BF in select cOuDU8S. * 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 LHDo. Strategy 2:Promote compliance with federal lactation accommodation laws iO targeted (l0wDnmne) w0dkmites. w Each LHD is required to promote compliance with federal lactation accommodation laws in two targetedvodm|te. 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 iO select counties. w 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 O8/e RQR Network and CCFP Roundtable to improve R4 and nutrition content in professional development haiUiDgS. w Each LHDis required(o work with one partner kx assess PA and nutrition training needs and interests. Strategy 3:. Provide NVUitiOD and PA technical assistance to Vph}five ECEcoUOb/R&R0rg@DiZ8UUOs.and up to six individual ECEsiteS to iOCn38ge ECE 8d0phOO and practice ofPA and nutrition standards. Page lof4 Exhibit ° Each LHOis required to work with one ECE county R&R organization,and two individUGECE sites to increase ECE adoption and practice OfPA and nutrition standards, Overarching Strategy 4:Establish New or Improved Pedestrian, Bicycle,and Transit Transportation Systems. Strategy 1: Increase community PAby supporting LHD involvement in the development, revision,or implementation Vf pedestrian,bicycle,or transportation plans and/or updating a city O[county-wide general p|8O's transportation Orhealth element or promoting local policy Or infrastructure solutions. r Each LHD is required to work towards the development, revision,or implementation of either pedestrian,bicycle 0[transportation plan or the updating 0fa city o[county-wide general p|aO'S transportation U[health element or promoting local policy Vr infrastructure solutions. Strategy 2: Increase community PA through training and TANLHOShJsupport the development Of successful application for the CADepartment of Transportation's Active Transportation Program(AJP). • Each LHD is required to participate in one statewide webinar demonstrating the types of transportation projects aOd8cUv|h8SyUndU)0ughtheATP. p 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 SRTS program activities including promotion of Walking School Buses, Bicycle Trgins.oignagoandwaYfindingh}pm0Utoh80ilyundoommunib/PA. w Each LHD is required to participate in the dissemination of Walking School Bus and Bicycle Train TOO|kibS and inhJgnBphiCS(na 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. w Each LHOis required(U identify at least one way(V enhance collaboration with C@|haOS-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 kATLC\. Page 2of4 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, PolicyLink,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 LHID 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. 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Y�/ C o 7 o °1 6 U F {% F W vl—er wF II ZZLY F a II Z aw v LL�vwX U mUI-@1 VlQ_ m E n F Vl O n F Q m W v a s x W A N m cl 01 m m n m n n V N 1mD N A N «r N wvi H .M a Q w w '^ N °�'. m Q Iml1 O q y fV C W co a m b m m In m N 00 N N N UL 0 Cr d .I u m ..CC 'm^ m a! m a Lio N d m M to It m v W a N m a m b 7 M m m co N m m N m YF N N W W 0 � d N U A H� N O N M 7 Ifl O s " d � . a d T CO tD a M a of m a m m in N DD O 9 r � C Co d a C C N U m d Z 7 H N o: M 7 m O n e tn Vl a M m ar m a m m U C > > w ui N o6 m m NN m yr NN U O U O c in « .~ v H�.. U. v1 H Cn N mm .Mi O m v m r�i ri ro v to 0 m in M v N Ono v b N 7 7 V+ A m 7 N tG m m VF N m 4& N V4 VF a. d u m d d 0 3v m a E v�nNMm a L O.N d a s O y 0 Q'�, 9 ` t @/ > N C O LL C o C 0 pi II (d o ri� II N H 3 d C c m v N o Up m > ++p d 0 U 7 > CCdJ c dU of 7 i o�rn-awNa d m 2 0.-. �l`C X .d+'''a >'O rtPl d i d i K CaJ II m ri Yi m x M M d L C C m C���N ` C C C C"�a A C C �yfR•� t a � u .2 "E v� II @l O C rci m Q Uc `n_-oa~ i t �`curn+R llm^ ocLt� Em m m m�N m h .+Uf E E�.an F O ..UDC Gd-M 1i." ..U4 cemr�F f Fd- Fm� Id- W S County of Fresno 18-10558 Page 1 of 3 EXHIBIT D 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 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