The URL can be used to link to this page

Home My WebLink AboutWilson Kimberly dba BabySafe of Fresno_A-23-336 A-18-495.pdf cotj County of Fresno Hall of Records, Room 301 2281 Tulare Street Fresno,California '° Board of Supervisors 93721-2198 O� i83 0 Telephone: (559)600-3529 FRE`' Minute Order Toll Free: 1-800-742-1011 www.co.fresno.ca.us June 20, 2023 Present: 5- Supervisor Steve Brandau,Vice Chairman Nathan Magsig, Supervisor Buddy Mendes, Supervisor Brian Pacheco, and Chairman Sal Quintero Agenda No. 73. Public Health File ID: 23-0558 Re: Approve and authorize the Chairman to execute First Amendment to Agreement with Kimberly Wilson, d.b.a. BabySafe of Fresno,to extend the term of the existing Agreement for educational classes and training to those seeking Child Passenger Safety Technician certification by one year from July 1, 2023 to June 30, 2024 with no change to the compensation maximum of$110,500 APPROVED AS RECOMMENDED Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero Agreement No.23-336 County of Fresno Page 75 coU�� t Board Agenda Item 73 O 1$56 O FRE`'� DATE: June 20, 2023 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Amendment I to Agreement with Kimberly Wilson, d.b.a. BabySafe of Fresno RECOMMENDED ACTION(S): Approve and authorize the Chairman to execute First Amendment to Agreement with Kimberly Wilson, d.b.a. BabySafe of Fresno,to extend the term of the existing Agreement for educational classes and training to those seeking Child Passenger Safety Technician certification by one year from July 1, 2023 to June 30, 2024 with no change to the compensation maximum of$110,500. There is no additional Net County Cost associated with the recommended action. Approval of the recommended action will allow the Department of Public Health to continue to utilize Kim Wilson, a Child Passenger Safety Lead Instructor certified by the National Highway Traffic Safety Administration (NHTSA), to provide educational classes to eligible community members and formal training to individuals seeking Child Passenger Safety Technician (CPST)certification. The services will be funded with through fines paid by violators of child car passenger safety codes, with no increase in Net County Cost.This item is countywide. ALTERNATIVE ACTION(S): There are no viable alternative actions. Should your Board not approve the recommended action, the Department would not be able to provide child passenger safety classes using a NHTSA-certified Lead Instructor. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended action.The recommended agreement($110,500)will continue to be funded through fines paid by violators of child car passenger safety codes. Sufficient appropriations and estimated revenues are included in the Department's Org 5620 FY 2023-24 Recommended Budget. DISCUSSION: The Department's Child RideSafe Program provides community education and assistance in the proper use of child passenger safety restraints. California Vehicle Code sections 15620, 27360, 27360.5 and 27362 are the funding authority that allows the collection of fines for the program.The Department has contracted with Kim Wilson, d.b.a. BabySafe of Fresno, since 1997 to conduct community classes on child passenger safety and formal training to individuals seeking CPST certification. On August 21, 2018, your Board approved a five-year term with BabySafe to provide educational classes regarding child passenger safety restraint systems. BabySafe also offers income-eligible attendees an opportunity to purchase low-cost child passenger safety restraints supplied by the Department's Child RideSafe program and funded through the fines. County of Fresno page I File Number.23-0558 File Number:23-0558 Approval of the recommended action would allow the Department to continue using a NHTSA-certified Lead Instructor to conduct community education classes and CPST courses. The only other certified individual in the County, a California Highway Patrol (CHP)employee, does not provide the community education model offered by BabySafe of Fresno. CHP interacts with individual community members by appointment only for required inspections, and only completes group presentations upon invitation from another hosting community organization. While both are designated Lead Instructors, Kim Wilson's experience and service model make her uniquely qualified to provide essential services for the Child RideSafe Program. With your Board's approval, Kim Wilson, d.b.a. BabySafe of Fresno, will be able to continue providing educational child passenger safety restraint system classes to eligible community members and formal training to individuals seeking Child Passenger Safety Technician (CPST)certification. REFERENCE MATERIAL: BAI #37, August 21, 2018 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk- First Amendment to Agreement with Kim Wilson CAO ANALYST: Ron Alexander County of Fresno page 2 File Number:23-0558 Agreement No. 23-336 1 FIRST AMENDMENT TO AGREEMENT 2 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter"Amendment") is made and entered 3 into this loth day of June , 2023, by and between COUNTY OF FRESNO, a Political Subdivision of 4 the State of California, Fresno, California (hereinafter "COUNTY"), and Kimberly Wilson d.b.a 5 BabySafe of Fresno, a Sole Proprietorship, whose address is 2037 West Bullard Avenue #301, 6 Fresno, CA 93711 (hereinafter"CONTRACTOR"). 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number A-18-495, dated 9 August 21, 2018 (hereinafter"Agreement"), pursuant to which CONTRACTOR agreed to provide 10 professional educational services relating to child passenger safety restraint systems to COUNTY; and 11 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to 12 revise the compensation terms and conditions and extend the Agreement through June 30, 2024. 13 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which 14 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 15 1. That the word "registered", located on Section 1, subsection H, page 2, line 25, is 16 replaced with the word "attendees". 17 2. Section 3 of the Agreement, located on page 3, lines 11 through 16, is deleted in its 18 entirety and replaced with the following: 19 "The term of this Agreement shall be from August 21, 2018 through and including June 20 30, 2024." 21 3. Section 5 of the Agreement, located on page 4, lines 11 through 20, is deleted in its 22 entirety and replaced with the following: 23 "COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive 24 compensation at the rate of One Hundred Fifty and No/100 Dollars ($150.00) per educational classes 25 provided by CONTRACTOR. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to 26 receive compensation at the rate of Thirty and No/100 Dollars ($30.00) per COUNTY referred client 27 enrolled in DPH Black Infant Health (BIH), MCAH, or PHN Programs who completes an educational 28 class provided by CONTRACTOR. There shall be no reimbursement from MCAH client to - 1 - 1 CONTRACTOR. " 2 COUNTY and CONTRACTOR agree that this Amendment is sufficient to amend the 3 Agreement and, that upon execution of this Amendment, the Agreement and this Amendment together 4 shall be considered the Agreement. 5 The parties agree that this Amendment may be executed by electronic signature as provided in 6 this section. An "electronic signature" means any symbol or process intended by an individual signing 7 this Amendment to represent their signature, including but not limited to (1) a digital signature; (2) a 8 faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for 9 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached 10 to this Amendment (1) is deemed equivalent to a valid original handwritten signature of the person 11 signing this Amendment for all purposes, including but not limited to evidentiary proof in any 12 administrative or judicial proceeding, and (2) has the same force and effect as the valid original 13 handwritten signature of that person. The provisions of this section satisfy the requirements of Civil 14 Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, 15 Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it 16 has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), 17 paragraphs (1)through (5), and agrees that each other party may rely upon that representation. This 18 Amendment is not conditioned upon the parties conducting the transactions under it by electronic 19 means and either party may sign this Amendment with an original handwritten signature. 20 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 21 covenants, conditions and promises contained in the Agreement and not amended herein shall remain 22 in full force and effect. 23 // 24 // 25 26 // 27 // 28 // - 2 - 1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement 2 as of the day and year first hereinabove written. 3 4 CONTRACTOR COUNTY OFFRESNO Kimberly Wilson 6 (Authbrized Signature) Sal ui o, C airman of the Board of 7 �j Su ors o the County of Fresno ev- 8 Print Nam Title 9 20�6-1 \kj Vj a 3t 10 La 11 Mailing Address ATTEST: Bernice E. Seidel 12 Clerk of the Board of Supervisors County of Fresno, State of California 13 14 15 16 17 By: Deputy 18 FOR ACCOUNTING USE ONLY: 19 20 Fund:0001 21 Subclass: 10000 22 ORG:56201617, 56201700, 56201706, 23 56201748 24 Account: 7295 25 26 27 28 - 3-