HomeMy WebLinkAboutP-23-617 California Farmworker Foundation.pdf cO County of Fresno
INTERNAL SERVICES DEPARTMENT
Facilities• Fleet•Graphics• Purchasing •Security•Technology
O� 185 O
ORES
PROCUREMENT AGREEMENT
Agreement Number P-23-617
November 27, 2023
California Farmworker Foundation
1120 Kensington Street
Delano, CA 93215
The County of Fresno (County) hereby contracts with California Farmworker Foundation (Contractor)to
provide event coordination in accordance with the text of this agreement, and Attachment"A"by this
reference made a part hereof.
TERM: This Agreement shall become effective December 1, 2023 and shall remain in effect through
November 30, 2024.
EXTENSION: This Agreement may be extended for one (1)additional one (1) year period by the mutual
written consent of all parties.
MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County
reserves the right to increase or decrease orders or quantities.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A"
attached, at the rates set forth in Attachment"A".
ORDERS: Orders will be placed on an as-needed basis by Department of Public Health under this contract.
PRICES: Prices shall be firm for the contract period.
MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of one
hundred eight thousand seven hundred twenty-seven dollars (108,727.00).
ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as
deemed necessary. Such additions shall be made in writing and signed by both parties.
DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be
delivered complete as specified. All orders placed before Agreement expiration shall be honored under the
terms and conditions of this Agreement.
DEFAULT: In case of default by Contractor, the County may procure the articles/services from another
source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any
other legal means available to the County. The prices paid by County shall be considered the prevailing
market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not
meet specifications, will be at the expense of Contractor.
333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110
*The County of Fresno is an Equal Employment Opportunity Employer*
PROCUREMENT AGREEMENT NUMBER: P-23-617 Page 2
California Farmworker Foundation
November 27, 2023
INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing
instructions included in each order referencing this Agreement. The Agreement number must appear on all
shipping documents and invoices. Invoice terms shall be Net 45 Days.
INVOICE TERMS: Net forty-five (45) days from the receipt of invoice.
TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30)days written
notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory
services or supplies provided to the date of termination.
LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they
be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel
engaged in service covered by this Agreement.
AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased
goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible
condition all books, documents, papers, data files and other records related to its performance under this
contract. Such records shall be complete and available to Fresno County, the State of California, the federal
government or their duly authorized representatives for the purpose of audit, examination, or copying during
the term of the contract and for a period of at least three years following the County's final payment under the
contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records
must be retained in the manner described above until all pending matters are closed.
LIABILITY: The Contractor agrees to:
Pay all claims for damage to property in any manner arising from Contractor's operations under this
Agreement.
Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and
employees from any and all claims for damage or other liability, including costs, expenses (including
attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected
with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this
Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages,
liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or
damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under
this Agreement.
INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement(JPA)throughout the term of the Agreement:
A. Commercial General Liabilitv: Commercial General Liability Insurance with limits of not less than Two
Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific
coverage including completed operations, product liability, contractual liability, Explosion-Collapse-
Underground, fire legal liability or any other liability insurance deemed necessary because of the nature
of the contract.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One
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 Agreement.
C. Professional Liabilitv: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)annual aggregate.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
P-23-617 California Farmworker Foundation.docx
PROCUREMENT AGREEMENT NUMBER: P-23-617 Page 3
California Farmworker Foundation
November 27, 2023
Additional Requirements Relatinq to Insurance:
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of
Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only
insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall
apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers,
agents and employees shall be excess only and not contributing with insurance provided under Contractor's
policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days
advance written notice given to County.
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts
paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of
subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not
Contractor obtains such an endorsement.
Within Thirty(30) days from the date Contractor signs and executes this Agreement, Contractor shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as required
herein, to the County of Fresno, Department of Public Health via email: dphcontracts@fresnocounty.gov.
stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its
officers, agents and employees will not be responsible for any premiums on the policies; that such
Commercial General Liability insurance names the County of Fresno, its officers, agents and employees,
individually and collectively, as additional insured, but only insofar as the operations under this Agreement
are concerned; that such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only
and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall
not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County.
Certificates of Insurance are to include the contract number at the top of the first page.
In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County
may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of
such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance
purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or
better.
COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish
proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence.
INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor
under this Agreement, it is mutually understood and agreed that Contractor, including any and all of
Contractor's officers, agents, and employees will at all times be acting and performing as an independent
contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint
venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise
or direct the manner or method by which Contractor shall perform its work and function. However, County
shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations
in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable
provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over
matters the subject thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right to employment
rights and benefits available to County employees. Contractor shall be solely liable and responsible for
providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor
shall be solely responsible and save County harmless from all matters relating to payment of Contractor's
employees, including compliance with Social Security, withholding, and all other regulations governing such
P-23-617 California Farmworker Foundation.docx
PROCUREMENT AGREEMENT NUMBER: P-23-617 Page 4
California Farmworker Foundation
November 27, 2023
matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to
others unrelated to the County or to this Agreement.
NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or
duties under this Agreement without the written consent of the other party.
AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County
with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments,
writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature
whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set
forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both
parties.
INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this
Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the
text of this Agreement(excluding Attachment"A"); and (2)Attachment"A".
GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the
State of California. Venue for any action shall only be in County of Fresno.
ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic
signature as provided in this section.
A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement
to represent their signature, including but not limited to (1) a digital signature; (2)a faxed version of an
original handwritten signature; or(3) an electronically scanned and transmitted (for example by PDF
document) of a handwritten signature.
B. Each electronic signature affixed or attached to this Agreement(1) is deemed equivalent to a valid
original handwritten signature of the person signing this Agreement for all purposes, including but not
limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and
effect as the valid original handwritten signature of that person.
C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in
the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5, beginning with section
1633.1).
D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of
Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other
party may rely upon that representation.
This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means
and either party may sign this Agreement with an original handwritten signature.
Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or
USPS.
Please refer any inquiries in this matter to Yvette Jamison, Purchasing Technician, at 559-600-7110 or
0amisy(o)fresnocountyca.gov.
P-23-617 California Farmworker Foundation.docx
PROCUREMENT AGREEMENT NUMBER: P-23-617 Page 5
California Farmworker Foundation
November 27, 2023
FOR THE COUNTY OF FRESNO
Digitally signed by Manuel M.
Manuel M. Vilanova Vilanova
Date:2023.11.29 10:26:39-08'00'
Manuel Vilanova
ISD Deputy Director
333 W. Pontiac Way
Clovis, CA 93612
MV:YJ
P-23-617 California Farmworker Foundation.docx
PROCUREMENT AGREEMENT NUMBER: P-23-617 Page 6
California Farmworker Foundation
November 27, 2023
CONTRACTOR TO COMPLETE:
Company: California Farmworker Foundation 501 (C) (3)
Type of Entity:
❑ Individual ❑ Limited Liability Company
❑ Sole Proprietorship ❑ Limited Liability Partnership
❑ Corporation ❑ General Partnership
1120 Kensington Street Delano CA 93215
Address City State Zip
661 -778-0015 info@californiafarmworkers.org
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
Print Name &Title: Darrell Munlz COO Print Name &Title:
Digitally signed by Darrell Muniz
Signature: Darrell Muniz te.2023.11.29 08:15:45
0 Signature:
ACCOUNTING USE ONLY
ORG No.: 56201022
Account No.: 7295
Requisition No.: 5622400555
(08/2022)
P-23-617 California Farmworker Foundation.docx
PROCUREMENT AGREEMENT NUMBER: P-23-617 Attachment Page 1 of 15
California Farmworker Foundation
November 27, 2023
A TTACHMENT "A "
P-23-617 California Farmworker Foundation.docx
PROCUREMENT AGREEMENT NUMBER: P-23-617 Attachment Page 2 of 15
California Farmworker Foundation
November 27, 2023
1 Attachment A
2 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND
3 AWARD TERMS AND CONDITIONS
4 1. Use of Funds.
5 a) Subrecipient understands and agrees that the funds disbursed under this award may only be used
6 in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations
7 implementing that section, and guidance issued by Treasury regarding the foregoing.
8 b) Subrecipient will determine prior to engaging in any project using this assistance that it has the
9 institutional, managerial, and financial capability to ensure proper planning, management, and
10 completion of such project.
11
12 2. Period of Performance. The period of performance for this award begins on the date hereof and
13 ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use
14 award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on
15 December 31, 2024.
16
17 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as
18 they relate to this award.
19
20 4. Maintenance of and Access to Records.
21 a) Subrecipient shall maintain records and financial documents sufficient to evidence compliance with
22 section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by
23 Treasury regarding the foregoing.
24 b) The Treasury Office of Inspector General and the Government Accountability Office, or their
25 authorized representatives, shall have the right of access to records (electronic and otherwise) of
26 Subrecipient in order to conduct audits or other investigations.
27
28
1
PROCUREMENT AGREEMENT NUMBER:P-23-617 Attachment Page 3 of 15
California Farmworker Foundation
November 27,2023
1 c) Records shall be maintained by Subrecipient for a period of five (5)years after all funds have been
2 expended or returned to Treasury, whichever is later.
3
4 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
5 from this award.
6
7 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct
8 and indirect costs as specified in the Scope of Work.
9
10 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
11
12 8. Conflicts of Interest. Subrecipient understands and agrees it must maintain a conflict-of-interest
13 policy consistent with 2 C.F.R. § 200.318(c), and that such conflict-of-interest policy is applicable to each
14 activity funded under this award. Subrecipient and subrecipients must disclose in writing to Treasury or the
15 pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
16 accordance with 2 C.F.R. § 200.112.
17
18 9. Compliance with Applicable Law and Regulations.
19 a) Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted
20 by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the
21 foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations,
22 and executive orders, and Subrecipient shall provide for such compliance by other parties in any
23 agreements it enters into with other parties relating to this award.
24 b) Federal regulations applicable to this award include, without limitation, the following:
25 i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
26 Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
27 inapplicable to this Award and subject to such exceptions as may be otherwise provided by
28
2
PROCUREMENT AGREEMENT NUMBER: P-23-617 Attachment Page 4 of 15
California Farmworker Foundation
November 27,2023
1 Treasury. Subpart F -Audit Requirements of the Uniform Guidance, implementing the
2 Single Audit Act, shall apply to this award.
3 ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant
4 to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated
5 by reference.
6 iii. Reporting Subaward and Executive Compensation Information , 2 C.F.R. Part 170, pursuant
7 to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated
8 by reference.
9 iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
10 (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
11 condition in all lower tier covered transactions (contracts and subcontracts described in 2
12 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
13 implementing regulation at 31 C.F.R. Part 19.
14 V. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth
15 in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
16 vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
17 vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
18 viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
19 ix. U.S.C. §§4601-4655) and implementing regulations.
20 X. Generally applicable federal environmental laws and regulations.
21 c) Statutes and regulations prohibiting discrimination applicable to this award include, without
22 limitation, the following:
23 i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
24 ii. implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
25 race, color, or national origin under programs or activities receiving federal financial
26 assistance;
27
28
3
PROCUREMENT AGREEMENT NUMBER:P-23-617 Attachment Page 5 of 15
California Farmworker Foundation
November 27,2023
1 iii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),
2 which prohibits discrimination in housing on the basis of race, color,
3 iv. religion, national origin, sex, familial status, or disability;
4 V. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
5 prohibits discrimination on the basis of disability under any program or activity receiving
6 federal financial assistance;
7 vi. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
8 Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on
9 the basis of age in programs or activities receiving federal financial assistance; and
10 vii. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
11 seq.), which prohibits discrimination on the basis of disability under programs, activities, and
12 services provided or made available by state and local governments or instrumentalities or
13 agencies thereto.
14
15 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 or 603 of the Act,
16 other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program
17 requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
18 award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
19 violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall
20 be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be
21 subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
22
23 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5
24 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
25 employees whose principal employment is in connection with an activity financed in whole or in part by this
26 federal assistance.
27
28
4
PROCUREMENT AGREEMENT NUMBER: P-23-617 Attachment Page 6 of 15
California Farmworker Foundation
November 27,2023
1 12. False Statements. Subrecipient understands that making false statements or claims in connection
2 with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
3 including fines, imprisonment , civil damages and penalties, debarment from participating in federal awards
4 or contracts, and/or any other remedy available by law.
5
6 13. Publications. Any publications produced with funds from this award must display the following
7 language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRP
8 3678 awarded to County of Fresno by the U.S. Department of the Treasury."
9
10 14. Debts Owed the Federal Government.
11 a) Any funds paid to Subrecipient(1) in excess of the amount to which Subrecipient is finally
12 determined to be authorized to retain under the terms of this award; (2) that are determined by the
13 Treasury Office of Inspector General to have been misused; or(3)that are determined by Treasury
14 to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D)of the Act and
15 have not been repaid by Subrecipient shall constitute a debt to the federal government.
16 b) Any debts determined to be owed the federal government must be paid promptly by Subrecipient. A
17 debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for
18 payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly
19 or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
20 actions available to it to collect such a debt.
21
22 15. Disclaimer.
23 a) The United States expressly disclaims any and all responsibility or liability to Subrecipient or third
24 persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property
25 damages, or any other losses resulting in any way from the performance of this award or any
26 contract, or subcontract under this award.
27
28
5
PROCUREMENT AGREEMENT NUMBER: P-23-617 Attachment Page 7 of 15
California Farmworker Foundation
November 27,2023
1 b) The acceptance of this award by Subrecipient does not in any way establish an agency relationship
2 between the United States and Subrecipient.
3
4 16. Protections for Whistleblowers.
5 a) In accordance with 41 U.S.C. §4712, Subrecipient may not discharge, demote, or otherwise
6 discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
7 provided below, information that the employee reasonably believes is evidence of gross
8 mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
9 relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
10 a violation of law, rule, or regulation related to a federal contract (including the competition for or
11 negotiation of a contract)or grant.
12 b) The list of persons and entities referenced in the paragraph above includes the following:
13 i. A member of Congress or a representative of a committee of Congress;
14 ii. An Inspector General;
15 iii. The Government Accountability Office;
16 iv. A Treasury employee responsible for contract or grant oversight or management;
17 V. An authorized official of the Department of Justice or other law enforcement agency;
18 vi. A court or grand jury; or
19 vii. A management official or other employee of Subrecipient, contractor, or subcontractor who
20 has the responsibility to investigate, discover, or address misconduct.
21 c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this
22 section, in the predominant native language of the workforce.
23
24 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217
25 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt
26 policies and programs for their employees when operating company-owned, rented or personally owned
27 vehicles.
28
6
PROCUREMENT AGREEMENT NUMBER: P-23-617 Attachment Page 8 of 15
California Farmworker Foundation
November 27,2023
1
2 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6,
3 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce
4 policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies
5 to decrease accidents caused by distracted drivers.
6
7
8 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
9 ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
10
11 As a condition of receipt of federal financial assistance from the Department of the Treasury, the
12 Subrecipient provides the assurances stated herein. The federal financial assistance may include federal
13 grants, loans, and contracts to provide assistance to the Subrecipient's beneficiaries, the use or rent of
14 Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
15 and other arrangements with the intention of providing assistance. Federal financial assistance does not
16 encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by
17 the Federal government at market value, or programs that provide direct benefits.
18 The assurances apply to all federal financial assistance from, or funds made available through the
19 Department of the Treasury, including any assistance that the Subrecipient may request in the future.
20 The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
21 the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the
22 Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.
23
24 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
25 as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
26 discrimination under programs and activities receiving federal financial assistance, of any person in
27 the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
28
7
PROCUREMENT AGREEMENT NUMBER:P-23-617 Attachment Page 9 of 15
California Farmworker Foundation
November 27,2023
1 implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other
2 pertinent executive orders such as Executive Order 13166, directives, circulars, policies,
3 memoranda, and/or guidance documents.
4 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons
5 with Limited English Proficiency," seeks to improve access to federally assisted programs and
6 activities for individuals who, because of national origin, have Limited English proficiency(LEP).
7 Subrecipient understands that denying a person access to its programs, services, and activities
8 because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights
9 Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly,
10 Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's
11 directives, to ensure that LEP persons have meaningful access to its programs, services, and
12 activities. Subrecipient understands and agrees that meaningful access may entail providing
13 language assistance services, including oral interpretation and written translation where necessary,
14 to ensure effective communication in the Subrecipient's programs, services, and activities.
15 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient
16 develops applicable budgets and conducts programs, services, and activities. As a resource, the
17 Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information
18 on taking reasonable steps to provide meaningful access for LEP persons, please visit
19 http://www.lep.gov.
20 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
21 of continued receipt of federal financial assistance and is binding upon Subrecipient and
22 Subrecipient's successors, transferees, and assignees for the period in which such assistance is
23 provided.
24 5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
25 subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and
26 agrees to incorporate the following language in every contract or agreement subject to Title VI and
27
28
8
PROCUREMENT AGREEMENT NUMBER: P-23-617 Attachment Page 10 of 15
California Farmworker Foundation
November 27,2023
1 its regulations between the Subrecipient and the Subrecipient's sub-grantees, contractors,
2 subcontractors, successors, transferees, and assignees:
3 The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
4 comply with Title Vl of the Civil Rights Act of 1964, which prohibits subrecipients of federal
5 financial assistance from excluding from a program or activity, denying benefits of, or
6 otherwise discriminating against a person on the basis of race, color, or national origin (42
7 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title Vl
8 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
9 this contract(or agreement). Title VI also includes protection to persons with "Limited
10 English Proficiency"in any program or activity receiving federal financial assistance, 42
11 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
12 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
13 contract or agreement.
14 6. Subrecipient understands and agrees that if any real property or structure is provided or improved
15 with the aid of federal financial assistance by the Department of the Treasury, this assurance
16 obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
17 during which the real property or structure is used for a purpose for which the federal financial
18 assistance is extended or for another purpose involving the provision of similar services or benefits.
19 If any personal property is provided, this assurance obligates the Subrecipient for the period during
20 which it retains ownership or possession of the property.
21 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department
22 of the Treasury of the aforementioned obligations. Enforcement may include investigation,
23 arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from
24 these actions. The Subrecipient shall comply with information requests, on-site compliance reviews
25 and reporting requirements.
26 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
27 complaints of discrimination on the grounds of race, color, or national origin, and limited English
28
9
PROCUREMENT AGREEMENT NUMBER:P-23-617 Attachment Page 11 of 15
California Farmworker Foundation
November 27,2023
1 proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
2 provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
3 completed, including outcome. Subrecipient also must inform the Department of the Treasury if
4 Subrecipient has received no complaints under Title VI.
5 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-
6 compliance of Title VI and efforts to address the non-compliance, including any voluntary
7 compliance or other agreements between the Subrecipient and the administrative agency that
8 made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the
9 Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject
10 of any court or administrative agency finding of discrimination, please so state.
11 10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
12 responsible for ensuring that sub-recipients also comply with Title VI and other applicable
13 authorities covered in this document. State agencies that make sub-awards must have in place
14 standard grant assurances and review procedures to demonstrate that they are effectively
15 monitoring the civil rights compliance of subrecipients.
16 The United States of America has the right to seek judicial enforcement of the terms of this assurances
17 document, and nothing in this document alters or limits the federal enforcement measures that the United
18 States may take in order to address violations of this document or applicable federal law.
19
20
21
22
23
24
25
26
27
28
10
PROCUREMENT AGREEMENT NUMBER: P-23-617 Attachment Page 12 of 15
California Farmworker Foundation
November 27,2023
Rural Mobile Health Program: Event Coordination Services
The Fresno County Rural Mobile Health Program (RMH) brings health care services at no cost to rural
community locations and agricultural workplaces by scheduling visits to sites that serve individuals who
may have trouble getting to a doctor. As part of this program, UCSF-Fresno and the Fresno State Mobile
Health Unit in collaboration with Saint Agnes Medical Center will be delivering these medical services
with their mobile health units. Community Health Workers (CHWs)will also assist by providing
education on various health related topics and linking individuals without a medical home to a nearby
primary care doctor.
Community leaders in the rural areas of the county and Fresno County agricultural employers can
request a RMH event for their venue at no-cost. A minimum 2-week lead time is required for requests.
Events will be public and private depending on the agency hosting the event. RMH events are intended
to operate any day of the week, including some weekends and evenings. The RMH medical teams can
provide medical services for a maximum duration of 5 hours/day.
RMH event coordination vendor should have direct access to farmworkers and agricultural employers to
efficiently:
• Outreach to targeted rural communities and agricultural employers in Fresno County to
promote RMH services and encourage hosting future RMH events.
• Collaborate with Fresno County Department of Public Health staff, RMH medical providers and
contracted CHWs to coordinate RMH events.
• Provide a designated point person as event coordinator at each RMH event that the vendor
scheduled.
Term of RMH event coordination services: October 1, 2023 through September 30, 2024
Please provide the vendor information requested below.
1. Vendor name,contact person,address, phone number and email address.
California Farmworker Foundation, 1120 Kensington Street Delano,CA 93215.
Darrell Muniz COO,(206)459-0534 darrell.munizkcalifomiafarmworkers.org
2. Brief description of your organization.
California Farmworker Foundation,also known as(CFF),was formed to offer and create opportunities that
would enable Farmworkers that reside in California to develop personal and professional skill.We have
five areas that we model our services: Education,Health&Wellness,Workforce Development,
Immigration Services, and Community Engagement. The California Farmworker Foundation is a nonprofit
501 (0)organization proudly serving over 350,000 farmworkers across the State. CFF continues to invest
in farmworkers via data-driven initiatives,which allows the foundation to create programs to support the
needs of farmworkers.Promoting education,workforce development,health and wellness continues to be
one of the foundations leading efforts in farm-working communities. Today,CFF operates in Kern,Tulare,
Fresno,Madera,Kings,Riverside,and Santa Barbara Counties. With one goal in mind,CFF strives to
continue growing its footprint across the State,provide a voice for farmworkers,and work alongside
industry and community partners to serve our essential workers to help build better futures.
1
PROCUREMENT AGREEMENT NUMBER: P-23-617 Attachment Page 13 of 15
California Farmworker Foundation
November 27,2023
Rural Mobile Health Program: Event Coordination Services
3. Describe unique qualities and/or capabilities of your services.
CFF has direct access to 25 agriculture companies including Terrallova Ranch, Sunrise Farm
Labor, POM, HMC Farms, Moonlight Packing, Prima Wawona, Fowler Packing/AG Force, Grape-
man Farm Labor, Mountain View Fruit, and many more partners with direct access to 25,000
Farmworkers in Fresno County. We have provided consistent services to our partners over the
last six years including partnering with Fresno County, in providing COVID-19 vaccination clinics
at Farmworker worksites. We also can provide clinic intake through our call center to provide
information and schedule appointments for future RMC events.
4. Describe expectations and limitations to providing the services desired.
CFF is committed to organizing,planning,and working with our trusted growers to set up Rural Mobile Health
services.We will spend two days of outreach per week to provide informational material regarding RBH services
and spend time informing the Growers of the opportunity to provide direct health services to their farmworkers.
Our Outreach Specialist will provide educational and informational marketing materials to educate farmworkers
on the importance of participating in the RMH clinics.We are committed to providing a minimum of 40 RHM
events or 10,000 farmworkers during the period of October 15,2023,through September 30,2024.We will do a
schedule based on a
two-week advanced notice of each confirmed clinic and communicate directly with the RMH team.We will also
add additional RHM events to our bigger grower partners during the planning process.
Objectives: By September 30, 2024,we will have provided 10,000 Farmworkers with Rural
Mobile Health clinic and services.
5. Cost per RMH event organized. Include a breakdown of the cost(Ex: $1500; includes Staff
time,travel to site, prorated amount of materials/equipment needed, etc.).
Personnel: List each person who has a substantive role in the project and the amount of the request.
Level of
Effort
Personnel Name/Title and How the Individual's Role Relates to the (#of Funds
# Objectives hours Requested
OR
FTE)
Personnel Outreach Coordinator will pre plan with grower partners 16 Hrs
1 sixteen hours a week to educate and market the RMH mobile * 40 $
clinics, until forty worksites are determined and scheduled. sites $35.00 hr
00
5.0
Farmworker Outreach Specialist will spend sixteen hours a 22 Hrs
Personnel week at grower worksites, educating farmworkers on the RMH * 40
2 mobile clinics.They will generate bilingual marketing materials Sites $660.00
to promote the events, until forty worksites are determined $30.00 hr
and scheduled. In addition,they will work six hours the day of
the RMH event.
Personnel Farmworker Outreach Specialist will spend sixteen hours a 22 Hrs
3 week at grower worksites, educating farmworkers on the RMH * 40 $660.00
mobile clinics.They will generate bilingual marketing materials Sites $30.00 hr
2
PROCUREMENT AGREEMENT NUMBER:P-23-617 Attachment Page 14 of 15
California Farmworker Foundation
November 27,2023
Rural Mobile Health Program: Event Coordination Services
to promote the events, until forty worksites are determined
and scheduled. In addition,they will work six hours the day of
the RMH event.
Personnel Farmworker Outreach Specialist will spend sixteen hours a 161-Irs
4 week at grower worksites, educating farmworkers on the RMH *40 $480.00
mobile clinics.They will generate bilingual marketing materials Sites $30.00 hr.
to promote the events, until forty worksites are determined
and scheduled.
Personnel Subtotals $2,360.00
B.Travel
Type of
Expense #of
Trip Trip Purpose and (airfare, car Traveler
Destination How Travel Relates rental, #of Cost s Funds
Trip# and Travel to hotel, Units per Unit Claiming Requested
Date(s) meals, the
mileage, Expense
etc.)
Personnel Travel to Travel to meet with Car Miles 30 0.655 1 $19.65
1 worksites Growers and
and RMH Affiliates at targeted
clinics. worksites.
Personnel Travel to Travel to meet with Car Miles 30 0.655 1 $19.65
2 worksites farmworkers, and
and RMH targeted worksites
clinics. and communities.
Travel to RMH
clinics.
Personnel Travel to Travel to meet with Car Miles 30 0.655 1 $19.65
3 worksites farmworkers, and
and RMH targeted worksites
clinics. and communities.
Travel to RMH
clinics.
Personnel Travel to Travel to meet with Car Miles 30 0.655 1 $19.65
4 worksites farmworkers, and
and RMH targeted worksites
clinics. and communities.
Travel to RMH
clinics.
$78.60
3
PROCUREMENT AGREEMENT NUMBER: P-23-617 Attachment Page 15 of 15
California Farmworker Foundation
November 27,2023
Rural Mobile Health Program: Event Coordination Services
C. Supplies List the materials,supplies,and fabricated parts costing less than$5,000 per unit and describe how they will support the
purpose and goal of the proposal.
#of
Item Description Units/Pieces Acquire When? Funds Requested
Purchased
Wi-Fi Hot-Spot 4 ($5.00/day) Oct 15, 2023 $20.00
Cell Phone Monthly Charge 4 ($6.00/day) Oct 15, 2023 $24.00
Equipment Subtotal P�00
D. Indirect Indirect costs(also known as"facilities and administrative costs"—defined to represent the expenses of doing
business that are not readily identified with a particular grant,contract,project function or activity,but are necessary for the
general operation of the organization and the conduct of activities it performs.
Indirect Cost Rate Requested (%) Funds Requested
($2,360.00) Projected Direct Costs * 10% Indirect Rate $236.00
Total funds requested $2,718.60
6. Cost for promotion of each EMH event. Include a breakdown of the cost.
Cost for promotion is included in the Outreach cost,to promote clinics and health education
for Farmworkers and Growers for each RMHC event. We will promote events on our social
media platforms at no cost.
4