HomeMy WebLinkAboutAgreement A-23-396 with Fresno EOC.pdf Agreement No. 23-396
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated August 8, 2023 and is between
3 Fresno Economic Opportunities Commission, a California non-profit 501 c3 organization
4 ("Contractor"), and the County of Fresno, a political subdivision of the State of California
5 ("County").
6 Recitals
7 A. The County, through its Department of Public Health (Department), is in need of a
8 contractor to implement evidence-based programs that improve the oral health of elementary
9 school aged children; and
10 B. The County is in need of a contractor to implement evidence-based programs that serve
11 low-income children; and
12 C. The County is in need of a contractor to administer dental screenings, dental sealants
13 and fluoride varnishes to elementary school aged children; and
14 D. The County is in need of a contractor to connect families to a primary dental home; and
15 E. The County is in need of a contractor to support and promote preventative oral health
16 intervention activities for Fresno County's Local Oral Health Program (LOHP).
17 The parties therefore agree as follows:
18 Article 1
19 Contractor's Services
20 1.1 Scope of Services. The Contractor shall perform all of the services provided in
21 Exhibit A to this Agreement, titled "Scope of Services."
22 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
23 able to perform all of the services provided in this Agreement.
24 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
25 applicable federal, state, and local laws and regulations in the performance of its obligations
26 under this Agreement, including but not limited to workers compensation, labor, and
27 confidentiality laws and regulations.
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1 Article 2
2 County's Responsibilities
3 2.1 The County shall provide guidance and assistance to the Contractor with activities,
4 strategies, and outcomes as set forth in Exhibit A.
5 Article 3
6 Compensation, Invoices, and Payments
7 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
8 the performance of its services under this Agreement as described in Exhibit B to this
9 Agreement, titled "Compensation."
10 3.2 Maximum Compensation. The maximum compensation payable to the Contractor
11 under this Agreement is as follows:
12 A. Two Hundred Sixty Thousand and 00/100 Dollars ($260,000.00) for the period of July 1,
13 2023 through June 30, 2024.
14 B. Two Hundred Twenty Thousand and 00/100 Dollars ($220,000.00) for the period of July
15 1, 2024 through June 30, 2025.
16 C. If the Agreement is extended as described in Section 4.2, the maximum compensation
17 payable to the Contractor under this Agreement is Two Hundred Twenty Thousand and
18 00/100 Dollars ($220,000.00) for the period of July 1, 2025 through June 30, 2026.
19 D. If the Agreement is extended as described in Section 4.2, the maximum compensation
20 payable to the Contractor under this Agreement is Two Hundred Twenty Thousand and
21 00/100 Dollars ($220,000.00) for the period of July 1, 2026 through June 30, 2027.
22 E. The maximum monetary compensation payable under the Agreement shall not exceed
23 Nine Hundred Twenty Thousand and 00/100 Dollars ($920,000.00), for the full four-year
24 term.
25 F. The Contractor acknowledges that the County is a local government entity and does so
26 with notice that the County's powers are limited by the California Constitution and by
27 State law, and with notice that the Contractor may receive compensation under this
28 Agreement only for services performed according to the terms of this Agreement and
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1 while this Agreement is in effect, and subject to the maximum amount payable under this
2 section. The Contractor further acknowledges that County employees have no authority
3 to pay the Contractor except as expressly provided in this Agreement.
4 3.3 Invoices. The Contractor shall submit monthly invoices and timesheets to the
5 Department of Public Health, Health Policy and Wellness (HPW) Division-Oral Health Program,
6 Attention: HPW-Oral Health Program Staff Analyst at DPHBOAP@fresnocountyca.gov or
7 addressed to the Department of Public Health, HPW-Oral Health Program, P.O. Box 11867,
8 Fresno, CA 93775, Attention: HPW-Oral Health Program Staff Analyst. The Contractor shall
9 submit each invoice by the 15th day of each month in which the Contractor performs services for
10 the prior month's expenditures and in any case within 60 days after the end of the term or
11 termination of this Agreement. Invoices shall detail line items as specified in Exhibit B, including
12 original budget amount(s), current month's expenses, year to date expenses, and budget
13 balances. In addition, invoices shall also include relevant supporting documentation including
14 but not limited to general ledgers, copies of original statements, program expense records,
15 payroll records, and mileage claims.
16 3.4 Payment. The County shall pay each correctly completed and timely submitted
17 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
18 address specified in the invoice.
19 3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
20 expenses that are not specified as payable by the County under this Agreement.
21 Article 4
22 Term of Agreement
23 4.1 Term. This Agreement is retroactive to July 1, 2023 and terminates on June 30,
24 2025, except as provided in section 4.2, "Extension," or Article 6, "Termination and Suspension,"
25 below.
26 . 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
27 year periods only upon written approval of both parties no later than the last day of the current
28 term. The Director or his or her designee is authorized to sign the written approval on behalf of
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1 the County based on the Contractor's satisfactory performance. The extension of this
2 Agreement by the County is not a waiver or compromise of any default or breach of this
3 Agreement by the Contractor existing at the time of the extension whether known to the County.
4 Article 5
5 Notices
6 5.1 Contact Information. The persons and their addresses having authority to give and
7 receive notices provided for or permitted under this Agreement include the following:
8
For the County:
9 Director, Department of Public Health
County of Fresno
10 P.O. Box 11867
Fresno, CA 93775
11
For the Contractor:
12 Emilia Reyes, Chief Executive Officer
Fresno Economic Opportunities Commission
13 1920 Mariposa Street
Fresno, CA 93721
14
15 5.2 Change of Contact Information. Either party may change the information in section
16 5.1 by giving notice as provided in section 5.3.
17 5.3 Method of Delivery. Each notice between the County and the Contractor provided
18 for or permitted under this Agreement must be in writing, state that it is a notice provided under
19 this Agreement, and be delivered either by personal service, by first-class United States mail, by
20 an overnight commercial courier service, by telephonic facsimile transmission, or by Portable
21 Document Format (PDF) document attached to an email.
22 (A) A notice delivered by personal service is effective upon service to the recipient.
23 (B) A notice delivered by first-class United States mail is effective three County
24 business days after deposit in the United States mail, postage prepaid, addressed to the
25 recipient.
26 (C)A notice delivered by an overnight commercial courier service is effective one
27 County business day after deposit with the overnight commercial courier service,
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1 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
2 the recipient.
3 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
4 nothing in this Agreement establishes, waives, or modifies any claims presentation
5 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
6 of Title 1 of the Government Code, beginning with section 810).
7 Article 6
8 Termination and Suspension
9 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
10 contingent on the approval of funds by the appropriating government agency. If sufficient funds
11 are not allocated, then the County, upon at least 30 days' advance written notice to the
12 Contractor, may:
13 (A) Modify the services provided by the Contractor under this Agreement; or
14 (B) Terminate this Agreement.
15 6.2 Termination for Breach.
16 (A) Upon determining that a breach (as defined in paragraph (C) below) has
17 occurred, the County may give written notice of the breach to the Contractor. The written
18 notice may suspend performance under this Agreement and must provide at least 30
19 days for the Contractor to cure the breach.
20 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
21 time stated in the written notice, the County may terminate this Agreement immediately.
22 (C) For purposes of this section, a breach occurs when, in the determination of the
23 County, the Contractor has:
24 (1) Obtained or used funds illegally or improperly;
25 (2) Failed to comply with any part of this Agreement;
26 (3) Submitted a substantially incorrect or incomplete report to the County; or
27 (4) Improperly performed any of its obligations under this Agreement.
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1 6.3 Termination without Cause. In circumstances other than those set forth above, the
2 County may terminate this Agreement by giving at least 30 days advance written notice to the
3 Contractor.
4 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
5 under this Article 6 is without penalty to or further obligation of the County.
6 6.5 County's Rights upon Termination. Upon termination for breach under this Article
7 6, the County may demand repayment by the Contractor of any monies disbursed to the
8 Contractor under this Agreement that, in the County's sole judgment, were not expended in
9 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
10 demand. This section survives the termination of this Agreement.
11 Article 7
12 Funding Source
13 7.1 Services Funding Source. Funding for these services is provided by the State of
14 California, Health and Human Services Agency, California Department of Public Health,
15 California Oral Health Program.
16 Article 8
17 Confidentiality
18 8.1 Confidentiality. All services performed by the Contractor under this Agreement
19 shall be in strict conformance with all applicable Federal, State of California and/or local laws
20 and regulations relating to confidentiality.
21 Article 9
22 Independent Contractor
23 9.1 Status. In performing under this Agreement, the Contractor, including its officers,
24 agents, employees, and volunteers, is at all times acting and performing as an independent
25 contractor, in an independent capacity, and not as an officer, agent, servant, employee,joint
26 venturer, partner, or associate of the County.
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1 9.2 Verifying Performance. The County has no right to control, supervise, or direct the
2 manner or method of the Contractor's performance under this Agreement, but the County may
3 verify that the Contractor is performing according to the terms of this Agreement.
4 9.3 Benefits. Because of its status as an independent contractor, the Contractor has no
5 right to employment rights or benefits available to County employees. The Contractor is solely
6 responsible for providing to its own employees all employee benefits required by law. The
7 Contractor shall save the County harmless from all matters relating to the payment of
8 Contractor's employees, including compliance with Social Security withholding and all related
9 regulations.
10 9.4 Services to Others. The parties acknowledge that, during the term of this
11 Agreement, the Contractor may provide services to others unrelated to the County.
12 Article 10
13 Indemnity and Defense
14 10.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
15 County (including its officers, agents, employees, and volunteers) against all claims, demands,
16 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
17 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
18 the performance or failure to perform by the Contractor(or any of its officers, agents,
19 subcontractors, or employees) under this Agreement. The County may conduct or participate in
20 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
21 defend the County.
22 10.2 Survival. This Article 11 survives the termination of this Agreement.
23 Article 11
24 Insurance
25 11.1 The Contractor shall comply with all the insurance requirements in Exhibit C to this
26 Agreement.
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1 Article 12
2 Inspections, Audits, and Public Records
3 12.1 Inspection of Documents. The Contractor shall make available to the County, and
4 the County may examine at any time during business hours and as often as the County deems
5 necessary, all of the Contractor's records and data with respect to the matters covered by this
6 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
7 request by the County, permit the County to audit and inspect all of such records and data to
8 ensure the Contractor's compliance with the terms of this Agreement.
9 12.2 State Audit Requirements. If the compensation to be paid by the County under this
10 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
11 California State Auditor, as provided in Government Code section 8546.7, for a period of three
12 years after final payment under this Agreement. This section survives the termination of this
13 Agreement. Additional Federal audit requirements may apply if any portion of the compensation
14 to be paid by the County under this Agreement is also provided by Federal funding.
15 12.3 Public Records. The County is not limited in any manner with respect to its public
16 disclosure of this Agreement or any record or data that the Contractor may provide to the
17 County. The County's public disclosure of this Agreement or any record or data that the
18 Contractor may provide to the County may include but is not limited to the following:
19 (A) The County may voluntarily, or upon request by any member of the public or
20 governmental agency, disclose this Agreement to the public or such governmental
21 agency.
22 (B) The County may voluntarily, or upon request by any member of the public or
23 governmental agency, disclose to the public or such governmental agency any record or
24 data that the Contractor may provide to the County, unless such disclosure is prohibited
25 by court order.
26 (C)This Agreement, and any record or data that the Contractor may provide to the
27 County, is subject to public disclosure under the Ralph M. Brown Act (California
28 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
8
1 (D)This Agreement, and any record or data that the Contractor may provide to the
2 County, is subject to public disclosure as a public record under the California Public
3 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
4 with section 6250) ("CPRA").
5 (E) This Agreement, and any record or data that the Contractor may provide to the
6 County, is subject to public disclosure as information concerning the conduct of the
7 people's business of the State of California under California Constitution, Article 1,
8 section 3, subdivision (b).
9 (F) Any marking of confidentiality or restricted access upon or otherwise made with
10 respect to any record or data that the Contractor may provide to the County shall be
11 disregarded and have no effect on the County's right or duty to disclose to the public or
12 governmental agency any such record or data.
13 12.4 Public Records Act Requests. If the County receives a written or oral request
14 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
15 and which the County has a right, under any provision of this Agreement or applicable law, to
16 possess or control, then the County may demand, in writing, that the Contractor deliver to the
17 County, for purposes of public disclosure, the requested records that may be in the possession
18 or control of the Contractor. Within five business days after the County's demand, the
19 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
20 possession or control, together with a written statement that the Contractor, after conducting a
21 diligent search, has produced all requested records that are in the Contractor's possession or
22 control, or (b) provide to the County a written statement that the Contractor, after conducting a
23 diligent search, does not possess or control any of the requested records. The Contractor shall
24 cooperate with the County with respect to any County demand for such records. If the
25 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
26 CPRA or other applicable law, it must deliver the record or data to the County and assert the
27 exemption by citation to specific legal authority within the written statement that it provides to
28 the County under this section. The Contractor's assertion of any exemption from disclosure is
9
1 not binding on the County, but the County will give at least 10 days' advance written notice to
2 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
3 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
4 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
5 failure to produce any such records, or failure to cooperate with the County with respect to any
6 County demand for any such records.
7 Article 13
8 Disclosure of Self-Dealing Transactions
9 13.1 Applicability. This Article 14 applies if the Contractor is operating as a corporation
10 or changes its status to operate as a corporation.
11 13.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
12 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
13 "Self-Dealing Transaction Disclosure Form" (Exhibit D to this Agreement) and submitting it to
14 the County before commencing the transaction or immediately after.
15 13.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
16 a party and in which one or more of its directors, as an individual, has a material financial
17 interest.
18 Article 14
19 General Terms
20 14.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
21 Agreement may not be modified, and no waiver is effective, except by written agreement signed
22 by both parties. Notwithstanding the above, changes to object levels in the budget, attached
23 hereto as Exhibit B, that do not exceed ten percent (10%) of the maximum compensation
24 payable to the Contractor, may be made with the written approval of the County's Department of
25 Public Health Director, or designee. The ten percent (10%) budget modification maximum
26 applies to the cumulative adjustments made through the life of the Agreement. Additionally,
27 said budget changes shall not result in any change to the maximum compensation amount
28 payable to Contractor, nor shall it reduce the delivery of services or significantly modify the
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1 scope of the services originally intended and approved under this Agreement, as stated herein.
2 The Contractor acknowledges that County employees have no authority to modify this
3 Agreement except as expressly provided in this Agreement.
4 14.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
5 under this Agreement without the prior written consent of the other party.
6 14.3 Governing Law. The laws of the State of California govern all matters arising from
7 or related to this Agreement.
8 14.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno County,
9 California. Contractor consents to California jurisdiction for actions arising from or related to this
10 Agreement, and, subject to the Government Claims Act, all such actions must be brought and
11 maintained in Fresno County.
12 14.5 Construction. The final form of this Agreement is the result of the parties' combined
13 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
14 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
15 against either party.
16 14.6 Days. Unless otherwise specified, "days" means calendar days.
17 14.7 Headings. The headings and section titles in this Agreement are for convenience
18 only and are not part of this Agreement.
19 14.8 Severability. If anything in this Agreement is found by a court of competent
20 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
21 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
22 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
23 intent.
24 14.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
25 not unlawfully discriminate against any employee or applicant for employment, or recipient of
26 services, because of race, religious creed, color, national origin, ancestry, physical disability,
27 mental disability, medical condition, genetic information, marital status, sex, gender, gender
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1 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
2 all applicable State of California and federal statutes and regulation.
3 14.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
4 of the Contractor under this Agreement on any one or more occasions is not a waiver of
5 performance of any continuing or other obligation of the Contractor and does not prohibit
6 enforcement by the County of any obligation on any other occasion.
7 14.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
8 between the Contractor and the County with respect to the subject matter of this Agreement,
9 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
10 publications, and understandings of any nature unless those things are expressly included in
11 this Agreement. If there is any inconsistency between the terms of this Agreement without its
12 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
13 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
14 exhibits.
15 14.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
16 create any rights or obligations for any person or entity except for the parties.
17 14.13 Authorized Signature. The Contractor represents and warrants to the County that:
18 (A) The Contractor is duly authorized and empowered to sign and perform its
19 obligations under this Agreement.
20 (B) The individual signing this Agreement on behalf of the Contractor is duly
21 authorized to do so and his or her signature on this Agreement legally binds the
22 Contractor to the terms of this Agreement.
23 14.14 Electronic Signatures. The parties agree that this Agreement may be executed by
24 electronic signature as provided in this section.
25 (A) An "electronic signature" means any symbol or process intended by an individual
26 signing this Agreement to represent their signature, including but not limited to (1) a
27 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
28
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1 electronically scanned and transmitted (for example by PDF document) version of an
2 original handwritten signature.
3 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
4 equivalent to a valid original handwritten signature of the person signing this Agreement
5 for all purposes, including but not limited to evidentiary proof in any administrative or
6 judicial proceeding, and (2) has the same force and effect as the valid original
7 handwritten signature of that person.
8 (C)The provisions of this section satisfy the requirements of Civil Code section
9 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
10 Part 2, Title 2.5, beginning with section 1633.1).
11 (D) Each party using a digital signature represents that it has undertaken and
12 satisfied the requirements of Government Code section 16.5, subdivision (a),
13 paragraphs (1) through (5), and agrees that each other party may rely upon that
14 representation.
15 (E) This Agreement is not conditioned upon the parties conducting the transactions
16 under it by electronic means and either party may sign this Agreement with an original
17 handwritten signature.
18 14.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
19 original, and all of which together constitute this Agreement.
20 Article 15
21 Compliance with State Regulations
22 15.1 Compliance with State Requirements. CONTRACTOR recognizes that COUNTY
23 operates is LOHP with the use of state funds, and that the use of these funds imposes certain
24 requirements on the COUNTY and its subcontractors. CONTRACTOR shall adhere to all State
25 requirements, including those identified in Exhibit E, attached hereto and by this reference
26 incorporated herein and made part of this Agreement. It is understood that Exhibit E also grants
27 the COUNTY certain rights, which are reserved to the State; such rights are fully described therein.
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2 The parties are signing this Agreement on the date stated in the introductory clause.
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FRESNO ECONOMIC OPPORTUNITIES COUNTY OF FRESNO
5 COMMISSION
6 � IF-Vs �--
7 Emilia Reyes, Chief Executive Officer Sal ui t o, airman of the Board of
Su or e County of Fresno
8
1920 Mariposa Street Attest:
9 Fresno, California 93721 Bernice E. Seidel
Clerk of the Board of Supervisors
10 County of Fresno, State of California
11 . I
By:
12 Oeputy
13 For accounting use only:
14 Org No.: 56201553
Account No.: 7295
15 Fund No.: 0001
Subclass No.:10000
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Exhibit B -Budget
SBSP Budget
Year 1
07/1/2023 through 6/30/2024
Personnel
Position Title Monthly Annual FTE% Months RequestedAmount
Project Director
Project Coordinator $6,494.17 $ 77,930.04 50% 12 $ 38,965.02
Health Educator $4,581.08 $ 54,972.96 100% 12 $ 54,972.96
Health Educator $4,301.50 $ 51,618.00 58% 12 $ 29,938.44
Total Personnel $ 123,876.42
Total Fringe
Fringe Benefits @ 35.87% Benefits $ 44,434.88
Total $ 168,311.30
Operating Expenses
Space/Rent $ 1,200.00 12 $ 14,400.00
Communications $ 314.00 12 $ 3,768.00
Printing $ 40.00 12 $ 480.00
Office Supplies $ 131.00 12 $ 1,572.00
Total Operating Expenses $ 20,220.00
Travel
Mileage $ 0.655 200 12 $ 1,572.00
Total Travel $ 1,572.00
Other Costs
Laptops &software $ 1,550.00 3 $ 4,650.00
Oral Health Kits $ 10,000.00
Oral Health Screening Stipends for $ 30,000.00
Total Other Costs $ 44,650.00
Subtotal $ 234,753.30
Indirect Costs (15% of Total Personnel Costs) Total Indirect Costs $ 25,246.70
TOTAL COSTS $ 260,000.00
Exhibit B - Budget
Year 2
07/1/2024 through 6/30/2025
Personnel
Position Title Monthly Annual FTE% M Requestedonths Amount
Project Director
Project Coordinator $6,688.33 $80,259.96 50% 12 $ 40,129.98
Health Educator $4,718.33 $56,619.96 100% 12 $ 56,619.96
Health Educator $4,430.42 $53,165.04 57% 12 $ 30,304.07
Total Personnel $ 127,054.01
Fringe Benefits @ 36.27% Benefits $ 46,082.34
Total $ 173,136.35
Operating Expenses
Space/Rent $ 1,200.00 12 $ 14,400.00
Communications $ 314.00 12 $ 3,768.00
Printing $ 35.00 12 $ 420.00
Office Supplies $ 80.75 12 $ 969.00
Total Operating Expenses $ 19,557.00
Travel
Mileage $ 0.655 170 12 $ 1,336.20
Total Travel $ 1,336.20
Other Costs
Laptops&software $ -
Total Other Costs $ -
Subtotal $ 194,029.55
Indirect Costs(15%of Total Personnel Costs) Total Indirect Costs $ 25,970.44
TOTAL COSTS $ 220,000.00
2
Exhibit B -Budget
Year 3
07/1/2025 through 6/30/2026
Personnel
Position Title MonthlyRequested Annual FTE% Months Amount
Project Director
Project Coordinator $6,889.17 $82,670.04 50% 12 $ 41,335.02
Health Educator $4,860.58 $ 58,326.96 100% 12 $ 58,326.96
Health Educator $4,562.67 $ 54,752.04 49% 12 $ 26,828.50
Total Personnel $ 126,490.48
Fringe Benefits @ 36.84% Benefits $ 46,598.91
Total $ 173,089.39
Operating Expenses
Space/Rent $ 1,200.00 12 $ 14,400.00
Communications $ 314.00 12 $ 3,768.00
Printing $ 35.00 12 $ 420.00
Office Supplies $ 85.25 12 $ 1,023.00
Total Operating Expenses $ 19,611.00
Travel
Mileage $ 0.655 170 12 $ 1,336.20
Total Travel $ 1,336.20
Other Costs
Laptops&software $ -
Total Other Costs $ -
Subtotal $ 194,036.59
Indirect Costs(15%of Total Personnel Costs) Total Indirect Costs $ 25,963.41
TOTAL COSTS $ 220,000.00
3
Exhibit B-Budget
Year 4
07/1/2026 through 6/30/2027
Personnel
Position Title Monthly Annual FTE % Months RequestedAmount
Project Director
Project Coordinator $ 7,095.00 $ 85,140.00 50% 12 $ 42,570.00
Health Educator $ 5,006.17 $ 60,074.04 100% 12 $ 60,074.04
Health Educator $4,699.92 $ 56,399.04 40% 12 $ 22,559.62
Total Personnel $ 125,203.66
Fringe Benefits @ 37.47% Benefits $ 46,914.05
Total $ 172,117.71
Operating Expenses
Space/Rent $ 1,200.00 12 $ 14,400.00
Communications $ 350.00 12 $ 4,200.00
Printing $ 35.00 12 $ 420.00
Office Supplies $ 129.27 12 $ 1,551.24
Total Operating Expenses $ 20,571.24
Travel
Mileage $ 0.655 190 12 $ 1,493.40
Total Travel $ 1,493.40
Other Costs
Laptops & software $ -
Total Other Costs $ -
Subtotal $ 194,182.35
Indirect Costs (15%of Total Personnel Costs) Total Indirect Costs $ 25,817.66
TOTAL COSTS $ 220,000.00
4
Justification Year 1 Exhibit B -Budget
Personnel Justification Year 1
Position Title
Project Director $ - ......,..,_............................................................,.....
activities such as overseeing the completion of Project
Coordinator and Dental Assistant's duties,completion of reports
and attendance to all required meetings.10%of salary zero cost
to SBSP.
Project Coordinator Cost to coordinate all activities and ensures implementation of
work plan activities of SBSP. Oversees day to day activities and
provide assistance in problem solving and goal setting to meet
high quality standards of all deliverables.50%of salary based on
$ 38,965.02 an 12 month period for Year 1.
Health Educator An SBSP Outreach Health Educator is needed to case manage
the clients and assist with the coordination of educational services
such as providing dental presentations to teachers,students,and
parents.The health educator will also be assisting dental
hygienists with services such as set-up,clean-up,and
documenting all services provided to students.The health
educator will be responsible for entering all data into the FUSE
software.He/she will have to follow up with parents whose youth
requires"urgent"dental care and refer them to Free Medi-Cal
Dental Youth Services to link them to a local dental care provider.
$ 54,972.96 100%of salary based on 12 month period for Year 1
Health Educator An SBSP Outreach Health Educator is needed to case manage
the clients and assist with the coordination of educational services
such as providing dental presentations to teachers,students,and
parents.The health educator will also be assisting dental
hygienists with services such as set-up,clean-up,and
documenting all services provided to students.The health
educator will be responsible for entering all data into the FUSE
software.He/she will have to follow up with parents whose youth
requires"urgent"dental care and refer them to Free Medi-Cal
Dental Youth Services to link them to a local dental care provider.
$ 29,938.44 ,uoi of cninn,h—A nn 19 mnnth no6nd fnr Voor 1
Fringe Benefits @ Cost includes FICA,SUI,Workers Compensation,Medical/Health
35.87% $ 44,434.88 benefits and retirement benefits.
Operating Expenses
Space/Rent $ 14,400.00 Office space for staff implementing SBSP($1,200 X 12 months)
Communications $ 3,768.00 Landline connections,internet and Wifi connections,servers,cell
phones($314 X 12 months).
Printing $ 480.00 Printing of any materials,flyers,forms,copies of documents
needed to implement project ($40 X 12 months).
Office Supplies $ 1,572.00 Office and consumable supplies such as papers,pens,note pads,
toners,print cartridges,folders,laptop case,planners,binders and
other supplies ($131 X 12 months).
Travel
Mileage $ 1,572.00 Mileage to and from meetings,trainings,project implementation,
and site visits(200 miles @$.655 per mile X 12 months).
Other Costs
Laptops $ 4,650.00 Purchase of 3 laptops for Project Coordinator and 2 Health
Educators
Oral Health Kits $ 10,000.00 2,000 oral health kits(bag,toothbrush,toothpaste,floss)x$5=
$10,000,will be used for KOHA,SBSP initiatives,and oral health
education and will be shared with community partners."These
Oral Health Screening $ 30,000.00 $406 per provider who screens children for oral health outcomes
Stipends for Dental during a single event. `These funds are only available in this
Provider fiscal year.
Indirect Costs(15%of $ 25,246.70
Total Personnel Cost)
TOTAL COSTS YR 1 $ 260,000.00
5
Justification Year 2 Exhibit B -Budget
Personnel Justification Year 2
Position Title
Project Director $ activities such as overseeing the completion of Project Coordinator
and Dental Assistant's duties,completion of reports and
attendance to all required meetings. 10%of salary zero cost to
SBSP.
Project Coordinator $ 40,129.98 Cost to coordinate all activities and ensures implementation of
work plan activities of SBSP. Oversees day to day activities and
provide assistance in problem solving and goal setting to meet high
quality standards of all deliverables.50%of salary based on12
month period for Year 2.
Health Educator $ 56,619.96 An SBSP Outreach Health Educator is needed to case manage the
clients and assist with the coordination of educational services
such as providing dental presentations to teachers,students,and
parents.The health educator will also be assisting dental
hygienists with services such as set-up,clean-up,and
documenting all services provided to students.The health educator
will be responsible for entering all data into the FUSE software.
He/she will have to follow up with parents whose youth requires
"urgent"dental care and refer them to Free Medi-Cal Dental Youth
Services to link them to a local dental care provider. 100%of
salary based on 12 month period for Year 2
Health Educator $ 30,304.07 An SBSP Outreach Health Educator is needed to case manage the
clients and assist with the coordination of educational services
such as providing dental presentations to teachers,students,and
parents.The health educator will also be assisting dental
hygienists with services such as set-up,clean-up,and
documenting all services provided to students.The health educator
will be responsible for entering all data into the FUSE software.
He/she will have to follow up with parents whose youth requires
"urgent"dental care and refer them to Free Medi-Cal Dental Youth
Services to link them to a local dental care provider. 57%of salary
based on 12 month period for Year 2
Cost includes FICA,SUI,Workers Compensation,Medical/Health
Fringe Benefits @ 36.27% $ 46,082.34 benefits and retirement benefits.
Operating Expenses
Space/Rent $ 14.400.00 Office space for staff implementing SBSP($1,200 X 12 months)
Communications $ 3,768.00 Landline connections,internet and Wifi connections,servers,cell
phones($314 X 12 months).
Printing $ 420.00 Printing of any materials,flyers,forms,copies of documents
needed to implement project ($35 X 12 months).
Office Supplies $ 969.00 Office and consumable supplies such as papers,pens,note pads,
toners,print cartridges,folders, laptop case, planners,binders and
other supplies ($80.75 X 12 months)
Travel
Mileage $ 1,336.20 Mileage to and from meetings,trainings,project implementation,
and site visits(170 miles @$.655 per mile X 12 months)
Other Costs
Laptops $ -
Indirect Costs(15%of $ 25,970.44
Total Personal Cost)
Justification Year 2 Exhibit B-Budget
TOTAL COSTS YR 2 $ 220,000.00
Justification Year 3 Exhibit B -Budget
Personnel Justification Year 3
Position Title
Project Director $ activities such as overseeing the completion of Project Coordinator
and Dental Assistant's duties,completion of reports and
attendance to all required meetings. 10%of salary zero cost to
SBSP.
Project Coordinator $ 41,335.02 Cost to coordinate all activities and ensures implementation of
work plan activities of SBSP. Oversees day to day activities and
provide assistance in problem solving and goal setting to meet high
quality standards of all deliverables.50%of salary based on12
month period for Year 3.
Health Educator $ 58,326.96 An SBSP Outreach Health Educator is needed to case manage the
clients and assist with the coordination of educational services
such as providing dental presentations to teachers,students,and
parents.The health educator will also be assisting dental
hygienists with services such as set-up,clean-up,and
documenting all services provided to students.The health educator
will be responsible for entering all data into the FUSE software.
He/she will have to follow up with parents whose youth requires
"urgent"dental care and refer them to Free Medi-Cal Dental Youth
Services to link them to a local dental care provider. 100%of
salary based on 12 month period for Year 3
Health Educator $ 26,828.50 An SBSP Outreach Health Educator is needed to case manage the
clients and assist with the coordination of educational services
such as providing dental presentations to teachers,students,and
parents.The health educator will also be assisting dental
hygienists with services such as set-up,clean-up,and
documenting all services provided to students.The health educator
will be responsible for entering all data into the FUSE software.
He/she will have to follow up with parents whose youth requires
"urgent"dental care and refer them to Free Medi-Cal Dental Youth
Services to link them to a local dental care provider. 49%of salary
based on 12 month period for Year 3
Cost includes FICA,SUI,Workers Compensation,Medical/Health
Fringe Benefits @ 36.84% $ 46,598.91 benefits and retirement benefits.
Operating Expenses
Space/Rent $ 14,400.00 Office space for staff implementing SBSP($1,200 X 12 months)
Communications $ 3,768.00 Landline connections,internet and Wifi connections,servers,cell
phones($314 X 12 months).
Printing $ 420.00 Printing of any materials,flyers,forms,copies of documents
needed to implement project ($35 X 12 months).
Office/Program Supplies $ 1,023.00 Office and consumable supplies such as papers, pens, note pads,
toners,print cartridges,folders,laptop case, planners,binders and
other supplies ($85.25 X 12 months)
Travel
Mileage $ 1,336.20 Mileage to and from meetings,trainings, project implementation,
and site visits(170 miles @$.655 per mile X 12 months)
Other Costs
Laptops $ -
Indirect Costs(15%of $ 25,963.41
Total Personal Cost)
TOTAL COSTS YR 3 $ 220,000.00
Justification Year 4 Exhibit B -Budget
Personnel Justification Year 4
Position Title
Project Director $ - Direct,manage,assess,plan, implement and evaluate progam
activities such as overseeing the completion of Project Coordinator
and Dental Assistant's duties,completion of reports and attendance
to all required meetings. 10%of salary zero cost to SBSP.
Project Coordinator $ 42,570.00 Cost to coordinate all activities and ensures implementation of work
plan activities of SBSP. Oversees day to day activities and provide
assistance in problem solving and goal setting to meet high quality
standards of all deliverables.50%of salary based on12 month
period for Year 4.
Health Educator $ 60,074.04 An SBSP Outreach Health Educator is needed to case manage the
clients and assist with the coordination of educational services such
as providing dental presentations to teachers,students,and
parents.The health educator will also be assisting dental hygienists
with services such as set-up,clean-up,and documenting all
services provided to students.The health educator will be
responsible for entering all data into the FUSE software. He/she will
have to follow up with parents whose youth requires"urgent"dental
care and refer them to Free Medi-Cal Dental Youth Services to link
them to a local dental care provider. 100%of salary based on 12
month period for Year 4
Health Educator $ 22,559.62 An SBSP Outreach Health Educator is needed to case manage the
clients and assist with the coordination of educational services such
as providing dental presentations to teachers,students,and
parents.The health educator will also be assisting dental hygienists
with services such as set-up,clean-up,and documenting all
services provided to students.The health educator will be
responsible for entering all data into the FUSE software. He/she will
have to follow up with parents whose youth requires"urgent"dental
care and refer them to Free Medi-Cal Dental Youth Services to link
them to a local dental care provider. 40%of salary based on 12
month period for Year 4
Cost includes FICA,SUI,Workers Compensation,Medical/Health
Fringe Benefits @ 37.47% $ 46,914.05 benefits and retirement benefits.
Operating Expenses
Space/Rent $ 14,400.00 Office space for staff implementing SBSP($1,200 X 12 months)
Communications Landline connections,internet and Wifi connections,servers,cell
$ 4,200.00 phones($350 X 12 months).
Printing Printing of any materials,flyers,forms,copies of documents
$ 420.00 needed to implement project ($35 X 12 months).
Office/Program Supplies Office and consumable supplies such as papers,pens, note pads,
toners,print cartridges,folders,laptop case,planners,binders and
$ 1,551.24 other supplies ($129.25 X 12 months)
Travel
Mileage Mileage to and from meetings,trainings,project implementation,
$ 1,493.40 and site visits(190 miles @$.655 per mile X 12 months)
Other Costs
Laptops $ -
Indirect Costs(15%of Total $ 25,817.66
Personal Cost)
TOTAL COSTS YR 4 $ 220,000.00
Exhibit C
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, Contractor, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Contractor shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Contractor's policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million
Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must
be prior to the date on which services began under this Agreement; (2) the Contractor
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
with a retroactive date prior to the date on which services begin under this Agreement,
then the Contractor shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement.
(F) Molestation Liability. Sexual abuse/ molestation liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Contractor shall deliver, or cause its
broker or producer to deliver, to the County of Fresno, Department of Public Health, P.O.
Box 11867, Fresno, CA 93775, Attention: Contracts Section—6t" Floor, or email,
C-1
Exhibit C
DPHContracts@fresnocountyca.gov, certificates of insurance and endorsements for all
of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Contractor shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Contractor shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Contractor shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Contractor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this Agreement,
then the County requires and is entitled to the broader coverage, higher limits, or both.
To that end, the Contractor shall deliver, or cause its broker or producer to deliver, to the
County's Risk Manager certificates of insurance and endorsements for all of the
coverages that have such broader coverage, higher limits, or both, as required under
this Agreement.
(E) Waiver of Subrogation. The Contractor waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
C-2
Exhibit C
worker's compensation insurance required by this Agreement. The Contractor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Contractor's waiver of subrogation under this paragraph is effective
whether or not the Contractor obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
C-3
Exhibit D
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("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 used 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.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
1
Exhibit D
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code§ 5233 (a)
(5)Authorized Signature
Signature: Date:
2
Exhibit E
EXHIBIT E
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.
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.
Exhibit E
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 CONTRACTOR: 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.
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).
A. Establish an official file for the Project which shall adequately document all
significant actions relative to the Project;
B. 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;
C. 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;
D. Establish an accounting system which will adequately depict final total costs of the
Project, including both direct and indirect costs; and,
E. 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.
Exhibit E
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: (This provision does not apply to Local Governmental Entities)
The Department and Grantee agree that any action arising out of this Grant shall be filed and
maintained in the Superior Court, California. Grantee waives any existing sovereign immunity
for the purposes of this Grant, if applicable.
19. STATE-FUNDED RESEARCH GRANTS:
A. Grantee shall provide for free public access to any publication of a department-funded
invention or department-funded technology. Grantee further agrees to all terms and
conditions required by the California Taxpayer Access to Publicly Funded Research Act
(Chapter 2.5 (commencing with Section 13989) of Part 4.5 of Division 3 of Title 2 of the
Government Code).
B. As a condition of receiving the research grant, Grantee agrees to the following terms and
conditions which are set forth in Government Code section 13989.6 ("Section 13989.E"):
1) Grantee is responsible for ensuring that any publishing or copyright agreements
concerning submitted manuscripts fully comply with Section 13989.6.
2) Grantees shall report to the Department the final disposition of the research grant,
including, but not limited to, if it was published, when it was published, where it was
published, when the 12-month time period expires, and where the manuscript will be
available for open access.
3) For a manuscript that is accepted for publication in a peer-reviewed journal, the
Grantee shall ensure that an electronic version of the peer-reviewed manuscript is
available to the department and on an appropriate publicly accessible database
approved by the Department, including, but not limited to, the University of California's
eScholarship Repository at the California Digital Library, PubMed Central, or the
California Digital Open-Source Library, to be made publicly available not later than 12
months after the official date of publication. Manuscripts submitted to the California
Digital Open-Source Library shall be exempt from the requirements in subdivision (b)
of Section 66408 of the Education Code. Grantee shall make reasonable efforts to
comply with this requirement by ensuring that their manuscript is accessible on an
approved publicly accessible database and notifying the Department that the
manuscript is available on a department-approved database. If Grantee is unable to
ensure that their manuscript is accessible on an approved publicly accessible
database, Grantee may comply by providing the manuscript to the Department not
later than 12 months after the official date of publication.
Exhibit E
4) For publications other than those described in paragraph B.3 above, including
meeting abstracts, Grantee shall comply by providing the manuscript to the
Department not later than 12 months after the official date of publication.
5) Grantee is authorized to use grant money for publication costs, including fees charged
by a publisher for color and page charges, or fees for digital distribution.
Exhibit E
Exhibit E
Additional Provisions
1. Additional Incorporated Documents
A. The following documents and any subsequent updates are not attached, but are
incorporated herein and made a part hereof by this reference. CDPH will maintain on file, all
documents referenced herein and any subsequent updates, as required by program
directives. CDPH shall provide the Contractor with copies of said documents and any
periodic updates thereto, under separate cover.
1. Local Health Jurisdiction Local Oral Health Program Guidelines for Grant Application
https://oralhealthsupport.ucsf.edu/moving-california-oral-health-forward-rfa-2022-2027
2. Cancellation/Termination
A. This Grant may be cancelled by CDPH without cause upon thirty (30) calendar days
advance written notice to the Grantee.
B. CDPH reserves the right to cancel or terminate this Grant immediately for cause. The
Grantee may submit a written request to terminate this Grant only if CDPH substantially fails
to perform its responsibilities as provided herein.
C. The term "for cause" shall mean that the Grantee fails to meet the terms, conditions, and/or
responsibilities of this agreement. Causes for termination include, but are not limited to the
following occurrences:
1) If the Grantee knowingly furnishes any statement, representation, warranty, or
certification in connection with the agreement, which representation is materially false,
deceptive, incorrect, or incomplete.
2) If the Grantee fails to perform any material requirement of this Grant or defaults in
performance of this agreement.
3) If the Grantee files for bankruptcy, or if CDPH determines that the Grantee becomes
financially incapable of completing this agreement.
D. Grant termination or cancellation shall be effective as of the date indicated in CDPH's
notification to the Grantee. The notice shall stipulate any final performance, invoicing or
payment requirements.
E. In the event of early termination or cancellation, the Grantee shall be entitled to
compensation for services performed satisfactorily under this agreement and expenses
incurred up to the date of cancellation and any non-cancelable obligations incurred in
support of this Grant.
F. In the event of termination, and at the request of CDPH, the Grantee shall furnish copies of
all proposals, specifications, designs, procedures, layouts, copy, and other materials related
to the services or deliverables provided under this Grant, whether finished or in progress on
the termination date.
Exhibit E
Exhibit E
Additional Provisions
G. The Grantee will not be entitled to reimbursement for any expenses incurred for services
and deliverables pursuant to this agreement after the effective date of termination.
H. Upon receipt of notification of termination of this Grant, and except as otherwise specified by
CDPH, the Grantee shall:
1) Place no further order or subgrants for materials, services, or facilities.
2) Settle all outstanding liabilities and all claims arising out of such termination of orders
and subgrants.
3) Upon the effective date of termination of the Grant and the payment by CDPH of all
items properly changeable to CDPH hereunder, Grantee shall transfer, assign, and make
available to CDPH all property and materials belonging to CDPH, all rights and claims to
any and all reservations, grants, and arrangements with owners of media/PR materials,
or others, and shall make available to CDPH all written information regarding CDPH's
media/PR materials, and no extra compensation is to be paid to Grantee for its services.
4) Take such action as may be necessary, or as CDPH may specify, to protect and
preserve any property related to this agreement which is in the possession of the
Grantee and in which CDPH has or may acquire an interest.
I. CDPH may, at its discretion, require the Grantee to cease performance of certain
components of the Scope of Work as designated by CDPH and complete performance of
other components prior to the termination date of the Grant.
3. Avoidance of Conflicts of Interest by Grantee
A. CDPH intends to avoid any real or apparent conflict of interest on the part of the Grantee,
subgrants, or employees, officers and directors of the Grantee or subgrants. Thus, CDPH
reserves the right to determine, at its sole discretion, whether any information, assertion or
claim received from any source indicates the existence of a real or apparent conflict of
interest; and, if a conflict is found to exist, to require the Grantee to submit additional
information or a plan for resolving the conflict, subject to CDPH review and prior approval.
B. Conflicts of interest include, but are not limited to:
1) An instance where the Grantee or any of its subgrants, or any employee, officer, or
director of the Grantee or any subgrant or has an interest, financial or otherwise,
whereby the use or disclosure of information obtained while performing services under
the grant would allow for private or personal benefit or for any purpose that is contrary to
the goals and objectives of the grant.
2) An instance where the Grantee's or any subgrant's employees, officers, or directors use
their positions for purposes that are, or give the appearance of being, motivated by a
desire for private gain for themselves or others, such as those with whom they have
family, business or other ties.
Exhibit E
Exhibit E
Additional Provisions
C. If CDPH is or becomes aware of a known or suspected conflict of interest, the Grantee will
be given an opportunity to submit additional information or to resolve the conflict. A Grantee
with a suspected conflict of interest will have five (5) working days from the date of
notification of the conflict by CDPH to provide complete information regarding the suspected
conflict. If a conflict of interest is determined to exist by CDPH and cannot be resolved to
the satisfaction of CDPH, the conflict will be grounds for terminating the grant. CDPH may,
at its discretion upon receipt of a written request from the Grantee, authorize an extension of
the timeline indicated herein.
4. Dispute Resolution Process
A. A Grantee grievance exists whenever there is a dispute arising from CDPH's action in the
administration of an agreement. If there is a dispute or grievance between the Grantee and
CDPH, the Grantee must seek resolution using the procedure outlined below.
1) The Grantee should first informally discuss the problem with the CDPH Program Grant
Manager. If the problem cannot be resolved informally, the Grantee shall direct its
grievance together with any evidence, in writing, to the program Branch Chief. The
grievance shall state the issues in dispute, the legal authority or other basis for the
Grantee's position and the remedy sought. The Branch Chief shall render a decision
within ten (10) working days after receipt of the written grievance from the Grantee. The
Branch Chief shall respond in writing to the Grantee indicating the decision and reasons
therefore. If the Grantee disagrees with the Branch Chief's decision, the Grantee may
appeal to the second level.
2) When appealing to the second level, the Grantee must prepare an appeal indicating the
reasons for disagreement with Branch Chiefs decision. The Grantee shall include with
the appeal a copy of the Grantee's original statement of dispute along with any
supporting evidence and a copy of the Branch Chiefs decision. The appeal shall be
addressed to the Deputy Director of the division in which the branch is organized within
ten (10) working days from receipt of the Branch Chiefs decision. The Deputy Director
of the division in which the branch is organized or his/her designee shall meet with the
Grantee to review the issues raised. A written decision signed by the Deputy Director of
the division in which the branch is organized, or his/her designee shall be directed to the
Grantee within twenty (20) working days of receipt of the Grantee's second level appeal.
B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in which
the branch is organized or his/her designee, the Grantee shall follow the procedures set
forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and
the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing
with Section 1140) of the California Code of Regulations).
C. Disputes arising out of an audit, examination of an agreement or other action not covered by
subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of
Regulations, and for which no procedures for appeal are provided in statute, regulation, or
the Agreement, shall be handled in accordance with the procedures identified in Sections
51016 through 51047, Title 22, California Code of Regulations.
Exhibit E
Exhibit E
Additional Provisions
D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal
correspondence shall be directed to the CDPH Grant Manager.
E. There are organizational differences within CDPH's funding programs and the management
levels identified in this dispute resolution provision may not apply in every contractual
situation. When a grievance is received and organizational differences exist, the Grantee
shall be notified in writing by the CDPH Grant Manager of the level, name, and/or title of the
appropriate management official that is responsible for issuing a decision at a given level.
FH Health ea
Services:
Sealant Program Agreement with County of
Fresno
Final Audit Report 2023-07-12
Created: 2023-07-12
By: Elionora Vivanco(elionora.vivanco@fresnoeoc.org)
Status: Signed
Transaction ID: CBJCHBCAABAAhbtejQYbQD-FL12zrreEtEKYkuKhOvhF
"Health Services: Oral Health School-Bases Sealant Program A
greement with County of Fresno" History
51 Document created by Elionora Vivanco (elionora.vivanco@fresnoeoc.org)
2023-07-12-8:59:34 PM GMT
Document emailed to Emilia Reyes(em ilia.reyes@fresnoeoc.org)for signature
2023-07-12-9:00:47 PM GMT
l Document e-signed by Emilia Reyes (emilia.reyes@fresnoeoc.org)
Signature Date:2023-07-12-10:54:58 PM GMT-Time Source:server
Agreement completed.
2023-07-12-10:54:58 PM GMT
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