HomeMy WebLinkAboutCalifornia Health Collaborative-Nutrition Behavioral Economics and Food Waste Prevention_A-24-493.pdf COtj County of Fresno Hall of Records, Room 301
2281 Tulare Street
Fresno,California
601 Board of Supervisors 93721-2198
O� 1$56 0 Telephone: (559)600-3529
FRV,t' Minute Order Toll Free: 1-800-742-1011
www.fresnocountyca.gov
September 10, 2024
Present: 5- Supervisor Steve Brandau, Chairman Nathan Magsig,Vice Chairman Buddy Mendes,
Supervisor Brian Pacheco, and Supervisor Sal Quintero
Agenda No. 49. Public Health File ID: 24-0820
Re: Approve and authorize the Chairman to execute an Agreement with California Health Collaborative for
services to lead nutrition behavioral economics and food waste prevention and recovery intervention
activities, effective upon execution,through September 30, 2029,which includes a three-year base
contract and two optional one-year extensions,total not to exceed$1,670,715
APPROVED AS RECOMMENDED
Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero
Agreement No. 24-493
County of Fresno Page 52
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Board Agenda Item 49
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FRE`'�
DATE: September 10, 2024
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: Agreement with California Health Collaborative
RECOMMENDED ACTION(S):
Approve and authorize the Chairman to execute an Agreement with California Health
Collaborative for services to lead nutrition behavioral economics and food waste prevention
and recovery intervention activities, effective upon execution, through September 30, 2029,
which includes a three-year base contract and two optional one-year extensions, total not to
exceed $1,670,715.
There is no Net County Cost associated with the recommended action. Approval of the recommended
Agreement will allow the Department of Public Health (Department) to continue nutrition education and
obesity prevention activities through the CalFresh Healthy Living grant program. The contractor was
selected through a competitive bidding process to implement the Healthy Retail Initiative program to
help local retail stores that sell or distribute food and beverages to provide healthy food options and
implement food waste prevention and recovery efforts. The recommended Agreement is funded
through the California Department of Public Health (CDPH) Nutrition and Physical Activity Branch.
This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. Should your Board not approve the recommended action, the
Department would be unable to complete CalFresh Healthy Living grant activities as stipulated by the
CDPH.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The maximum
compensation of the agreement is $1,670,715 ($334,143 annually) and will be fully funded through the
CDPH because they administer a portion of the United States Department of Agriculture (USDA)
-funded Supplemental Nutrition Assistance Program - Education (SNAP-Ed), known in California as
the CalFresh Healthy Living program. The recommended Agreement follows the Federal Fiscal Year
(FFY), with the exception that the first year will be treated like a 12-month year despite being 20 days
longer. The entire term of the recommended Agreement will exceed the County standard five-year
term by an additional 20 days. Sufficient appropriations and estimated revenues are included in
Department's Org 5620 FY 2024-25 Recommended Budget and will be requested in subsequent
fiscal year budgets for the duration of the contract term.
County of Fresno page I File Number.24-0820
File Number:24-0820
DISCUSSION:
The Department has received CDPH SNAP-Ed grant funds since 2013 to provide nutrition education
and obesity prevention activities and interventions for low-income County residents. The CalFresh
Healthy Living program in California offers a comprehensive public health approach that enables
partners to work together to prevent obesity and serve California's individuals and families with low
incomes. Requirements of the FFY 2024-2026 grant award are to provide evidenced based
interventions and activities related to improving healthy eating and active living behavior and
environments for the primary prevention of chronic disease, with a focus on creating equitable
conditions that allow for community members to achieve their most optimal health. The goal of healthy
retail is to transform the food retail environment into a place that promotes health by creating better
access to healthier foods within retail locations, and through implementation of food recovery efforts
that enable the distribution of recovered food back into the local community.
On March 29, 2024, the Department and the Internal Services Department- Purchasing Division
released a Request for Proposal (RFP)for services to lead nutrition behavioral economics and food
waste prevention and recovery intervention activities for implementation of the CalFresh Healthy
Living program's Healthy Retail Initiative. RFP No. 24-055: The Healthy Retail Initiative was released
to over 60 agencies who were notified through Public Purchase. The Healthy Retail Initiative aims to
educate local retail food store owners that sell or distribute food and beverages, on the benefits and
impact of working on creating better access to healthier foods within the store and implementing a
food waste prevention and recovery effort. The RFP closed on April 26, 2024, with two proposals
received. The accepted proposal was reviewed on May 10, 2024, by an evaluation committee
comprised of staff from the Department of Public Health and the Department of Social Services. The
committee recommended the proposal submitted by California Health Collaborative for funding.
Upon approval by your Board, the recommended agreement will be effective upon execution through
September 30, 2027, with an option for two additional one-year terms dependent upon satisfactory
performance outcomes and availability of funding. The recommended agreement will allow the
Director to approve minor budget modifications up to ten percent (10%) of the maximum
compensation without altering the total maximum compensation outlined in the agreement, which will
allow California Health Collaborative to continue providing services while being able to utilize the
entire budget. The total term of the recommended agreement exceeds the County standard five-year
term by an additional 20 days without increasing the maximum compensation amount.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Agreement with California Health Collaborative
CAO ANALYST:
Ronald Alexander
County of Fresno page 2 File Number.24-0820
Agreement No. 24-493
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated September 10, 2024 and is between
3 California Health Collaborative ("Contractor"), a California Non-Profit 501 c3 Organization, and the
4 County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. The County, through its Department of Public Health (DPH), is in need of a contractor to
7 lead nutrition behavioral economics and food waste prevention and recovery intervention
8 activities for implementation of Fresno County's Healthy Retail Initiative, under the DPH's
9 CalFresh Healthy Living (CFHL) grant program.
10 B. The County issued Request for Proposal (RFP) No. 24-055 on March 29, 2024, for
11 nutrition behavioral economics and food waste prevention and recovery intervention activities
12 and received two responsive vendor proposals by the closing deadline.
13 C. The County evaluated both proposals and determined Contractor to be the most
14 responsive and responsible bidder whose proposal, dated April 25, 2024, is the most
15 advantageous to the County.
16 The parties therefore agree as follows:
17 Article 1
18 Contractor's Services
19 1.1 Scope of Services. The Contractor shall perform all services and fulfill all
20 responsibilities as specified in the County's RFP No. 24-055 dated March 29, 2024, herein
21 collectively referred to as the County's Revised RFP, the Contractor's response to said Revised
22 RFP dated April 25, 2024, all incorporated herein by reference and made part of this
23 Agreement. The Contractor shall perform all the services provided in Exhibit A to this
24 Agreement, titled "Scope of Services." In the event of any inconsistency among the documents
25 described hereinabove, the inconsistency shall be resolved by giving precedence in the
26 following order of priority; (1) to this Agreement, including all Exhibits, (2) to the Revised RFP;
27 and (3) to the Contractor's response to the Revised RFP. A copy of the County's Revised RFP
28
1
1 and the Contractor's response shall be retained and made available during the term of this
2 Agreement by the County's DPH Contracts unit.
3 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
4 able to perform all the services provided in this Agreement.
5 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
6 applicable federal, state, and local laws and regulations in the performance of its obligations
7 under this Agreement, including but not limited to workers compensation, labor, and
8 confidentiality laws and regulations.
9 1.4 Compliance with Grantor Requirements. The Contractor recognizes that County
10 operates its CFHL Program with the use of funding provided by United States Department of
11 Agriculture (USDA)-funded Supplemental Nutrition Assistance Program-Education (SNAP-Ed).
12 Guidance via the State of California, Health and Human Services Agency, California
13 Department of Public Health, Nutrition and Physical Activity Branch, and that the use of these
14 funds imposes certain requirements on the County and its subcontractors. The Contractor shall
15 adhere to all Federal and State requirements, including those identified in Exhibit B, attached
16 hereto and by this reference incorporated herein.
17 Article 2
18 County's Responsibilities
19 2.1 The County shall provide guidance and assistance to the Contractor with activities,
20 strategies, and outcomes as set forth in Exhibit A; and
21 2.2 The County shall provide training and user access to a data sharing platform,
22 determined by the County, for data collection, referrals, reporting, and other program
23 deliverables.
24 Article 3
25 Compensation, Invoices, and Payments
26 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
27 the performance of its services under this Agreement as described in Exhibit C to this
28 Agreement, titled "Compensation."
2
1 3.2 Maximum Compensation. The maximum compensation payable to the Contractor
2 under this Agreement for the period effective upon execution through September 30, 2025 is
3 Three Hundred Thirty-Four Thousand, One Hundred Forty-Three Dollars and No/100
4 ($334,143.00).
5 The maximum compensation payable to the Contractor under this Agreement for the
6 period of October 1, 2025 through September 30, 2026 is Three Hundred Thirty-Four Thousand,
7 One Hundred Forty-Three Dollars and No/100 ($334,143.00).
8 The maximum compensation payable to the Contractor under this Agreement for the
9 period of October 1, 2026 through September 30, 2027 is Three Hundred Thirty-Four Thousand,
10 One Hundred Forty-Three Dollars and No/100 ($334,143.00).
11 The maximum compensation payable to the Contractor under this Agreement for the
12 period of October 1, 2027 through September 30, 2028 is Three Hundred Thirty-Four Thousand,
13 One Hundred Forty-Three Dollars and No/100 ($334,143.00).
14 The maximum compensation payable to the Contractor under this Agreement for the
15 period of October 1, 2028 through September 30, 2029 is Three Hundred Thirty-Four Thousand,
16 One Hundred Forty-Three Dollars and No/100 ($334,143.00).
17 Total Maximum Compensation. In no event shall the maximum contract amount for
18 all the services provided by the Contractor to County under the terms and conditions of this
19 Agreement be in excess of One Million, Six Hundred Seventy Thousand, Seven Hundred
20 Fifteen and No/100 Dollars ($1,670,715) during the entire term of this Agreement.
21 The Contractor acknowledges that the County is a local government entity and does so
22 with notice that the County's powers are limited by the California Constitution and by State law,
23 and with notice that the Contractor may receive compensation under this Agreement only for
24 services performed according to the terms of this Agreement and while this Agreement is in
25 effect, and subject to the maximum amount payable under this section. The Contractor further
26 acknowledges that County employees have no authority to pay the Contractor except as
27 expressly provided in this Agreement.
28
3
1 3.3 Invoices. The Contractor shall submit monthly invoices to COUNTY, by the 301"
2 day of each month for the prior month's expenditures, e-mailed to the County of Fresno,
3 Department of Public Health, HPW-CalFresh Healthy Living Program, Attention: HPW-CFHL
4 Program Staff Analyst at DPHBOAP(a_fresnocountyca.gov or addressed to the County of
5 Fresno, Department of Public Health, HPW-CalFresh Healthy Living Program, P.O. Box 11867,
6 Fresno, CA 93775, Attention: HPW-CalFresh Healthy Living Program Staff Analyst. The
7 Contractor shall submit each invoice by the 301" day of each month in which the Contractor
8 performs services for the prior month's expenditures and in any case within 60 days after the
9 end of the term or termination of this Agreement. Invoices shall detail line items as specified in
10 Exhibit C, including original budget amount(s), current month's expenses, year-to-date
11 expenses, and budget balances. In addition, invoices shall also include all relevant supporting
12 documentation including but not limited to general ledgers, copies of original statements,
13 program expense receipts, payroll records, and mileage claims. No reimbursement for services
14 shall be made until invoices are received, reviewed and approved by COUNTY's Department of
15 Public Health.
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 effective upon execution, and terminates on September 30,
24 2027, 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
4
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 DPHContracts@fresnocountyca.gov
12 For the Contractor:
Chief Executive Officer
13 California Health Collaborative
1680 West Shaw Avenue
14 Fresno, California 93711
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, or
20 by an overnight commercial courier service.
21 (A) A notice delivered by personal service is effective upon service to the recipient.
22 (B) A notice delivered by first-class United States mail is effective three County of
23 Fresno business days after deposit in the United States mail, postage prepaid, dressed
24 to the recipient.
25 (C)A notice delivered by an overnight commercial courier service is effective one
26 County business day after deposit with the overnight commercial courier service,
27 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
28 the recipient.
5
1 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
2 nothing in this Agreement establishes, waives, or modifies any claims presentation
3 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
4 of Title 1 of the Government Code, beginning with section 810).
5 Article 6
6 Termination and Suspension
7 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
8 contingent on the approval of funds by the appropriating government agency. If sufficient funds
9 are not allocated, then the County, upon at least 30 days' advance written notice to the
10 Contractor, may:
11 (A) Modify the services provided by the Contractor under this Agreement; or
12 (B) Terminate this Agreement.
13 6.2 Termination for Breach.
14 (A) Upon determining that a breach (as defined in paragraph (C) below) has
15 occurred, the County may give written notice of the breach to the Contractor. The written notice
16 may suspend performance under this Agreement and must provide at least 30 days for the
17 Contractor to cure the breach.
18 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
19 time stated in the written notice, the County may terminate this Agreement immediately.
20 (C) For purposes of this section, a breach occurs when, in the determination of the
21 County, the Contractor has:
22 (1) Obtained or used funds illegally or improperly;
23 (2) Failed to comply with any part of this Agreement;
24 (3) Submitted a substantially incorrect or incomplete report to the County; or
25 (4) Improperly performed any of its obligations under this Agreement.
26 6.3 Termination without Cause. In circumstances other than those set forth above, the
27 County may terminate this Agreement by giving at least 30 days advance written notice to the
28 Contractor.
6
1 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
2 under this Article 6 is without penalty to or further obligation of the County.
3 6.5 County's Rights upon Termination. Upon termination for breach under this Article
4 6, the County may demand repayment by the Contractor of any monies disbursed to the
5 Contractor under this Agreement that, in the County's sole judgment, were not expended in
6 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
7 demand. This section survives the termination of this Agreement.
8 Article 7
9 Funding Source
10 7.1 Services Funding Source. Funding for these services is provided by United States
11 Department of Agriculture-funded Supplemental Nutrition Assistance Program-Education
12 (SNAP-Ed). Guidance via the State of California, Health and Human Services Agency,
13 California Department of Public Health, Nutrition and Physical Activity Branch grant agreement
14 number 23-10314.
15 Article 8
16 Federal Funding Terms and Conditions
17 8.1 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
18 Exclusion-Lower Tier Covered Transactions.
19 (A) County and Contractor recognize that Contractor is a recipient of Federal funds
20 under the terms of this Agreement. By signing this Agreement, Contractor agrees to
21 comply with applicable Federal suspension and debarment regulations, including but not
22 limited to: 7 CFR 3016.35, 29 CFR 97.35, 45 CFR 92.35, and Executive Order 12549.
23 By signing this Agreement, Contractor attests to the best of its knowledge and belief,
24 that it and its principals:
25 (1) Are not presently debarred, suspended, proposed for debarment, declared
26 ineligible, or voluntarily excluded by any Federal department or agency; and
27 (2) Shall not knowingly enter into any covered transaction with an entity or
28 person who is proposed for debarment under Federal regulations, debarred,
7
1 suspended, declared ineligible, or voluntarily excluded from participation in
2 such transaction.
3 (B) Contractor shall provide immediate written notice to County if at during any time
4 during the term of this Agreement Contractor learns that the representations it makes
5 above were erroneous when made or have become erroneous by reason of changed
6 circumstances.
7 (C) Contractor shall include a clause titled, "Certification Regarding Debarment,
8 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions"
9 and similar in nature to this paragraph in all lower tier covered transactions and it all
10 solicitations for lower tier covered transactions.
11 (D) Contractor shall, prior to soliciting or purchasing goods and services in excess of
12 $25,000 funded by this Agreement, review and retain the proposed vendor's suspension
13 and debarment status at https://sam.gov/SAM/.
14 8.2 Property of County. Contractor agrees to take reasonable and prudent steps to
15 ensure the security of any and all said hardware and software provided to it by County under
16 this Agreement, to maintain replacement-value insurance coverages on said hardware and
17 software of like kind and quality approved by County.
18 All purchases over Five Thousand Dollars ($5,000) made during the life of this Agreement
19 that will outlive the life of this Agreement shall be identified as fixed assets with an assigned
20 Fresno County DPH Accounting Inventory Number. These fixed assets shall be retained by
21 County, as County property, in the event this Agreement is terminated or upon expiration of this
22 Agreement. Contractor agrees to participate in an annual inventory of all County fixed assets
23 and shall be physically present when fixed assets are returned to County possession at the
24 termination or expiration of this Agreement. Contractor is responsible for returning to County all
25 County owned fixed assets upon the expiration or termination of this Agreement.
26 8.3 Prohibition on Publicity. None of the funds, materials, property or services
27 provided directly or indirectly under this Agreement shall be used for Contractor's advertising,
28 fundraising, or publicity (i.e., purchasing of tickets/tables, silent auction donations, etc.) for the
8
1 purpose of self-promotion. Notwithstanding the above, publicity of the services described in
2 Paragraph One (1) of this Agreement shall be allowed as necessary to raise public awareness
3 about the availability of such specific services when approved in advance by the County's DPH
4 Director or designee for such items as written/printed materials, the use of media (i.e., radio,
5 television, newspapers) and any other related expense(s).
6 8.4 Conflict of Interest. No officer, employee or agent of the County who exercises any
7 function or responsibility for planning and carrying out of the services provided under this
8 Agreement shall have any direct or indirect personal financial interest in this Agreement. In
9 addition, no employee of the County shall be employed by the Contractor under this Agreement
10 to fulfill any contractual obligations with the County. Contractor shall comply with all Federal,
11 State of California and local conflict of interest laws, statutes and regulations, which shall be
12 applicable to all parties and beneficiaries under this Agreement and any officer, employee or
13 agent of the County.
14 8.5 Change of Leadership/Management. In the event of any change in the status of
15 Contractor's leadership or management, Contractor shall provide written notice to County within
16 thirty (30) days from the date of change. Such notification shall include any new leader or
17 manager's name, address and qualifications. "Leadership or management" shall include any
18 employee, member, or owner of Contractor who either a) directs individuals providing services
19 pursuant to this Agreement, b) exercises control over the manner in which services are
20 provided, or c) has authority over Contractor's finances.
21 8.6 Lobbying Activity. None of the funds provided under this Agreement shall be used
22 for publicity, lobbying or propaganda purposes designed to support or defeat legislation pending
23 in the Congress of the United States of America or the Legislature of the State of California.
24 8.7 State Energy Conservation. Contractor must comply with the mandatory standards
25 and policies relating to energy efficiency, which are contained in the State Energy Conservation
26 Plan issued in compliance with 42 United States (US) Code sections 6321, et. seq.
27 8.8 Clean Air and Water. In the event the funding under this Agreement exceeds One
28 Hundred Fifty Thousand and No/100 Dollars ($150,000), Contractor shall comply with all
9
1 applicable standards, orders or requirements issued under the Clean Air Act contained in 42
2 U.S. Code 7601 et seq; the Clean Water Act contained in U.S. Code 1368 et seq.; and any
3 standards, laws and regulations, promulgated thereunder. Under these laws and regulations,
4 Contractor shall assure:
5 (A) No facility shall be utilized in the performance of the Agreement that has been
6 listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
7 (B) County shall be notified prior to execution of this Agreement of the receipt of any
8 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a
9 facility to be utilized in the performance of this Agreement is under consideration to be
10 listed on the EPA list of Violating Facilities;
11 (C) County and U.S. EPA shall be notified about any known violation of the above
12 laws and regulations; and,
13 (D)This assurance shall be included in every nonexempt subgrant, contract, or
14 subcontract.
15 8.9 Audits and Inspections. The Contractor shall at any time during business hours,
16 and as often as the County may deem necessary, make available to the County for examination
17 all of its records and data with respect to the matters covered by this Agreement. The
18 Contractor shall, upon request by the County, permit the County to audit and inspect all of such
19 records and data necessary to ensure Contractor's compliance with the terms of this
20 Agreement.
21 If this Agreement exceeds ten thousand dollars ($10,000.00), Contractor shall be subject to
22 the examination and audit of the California State Auditor for a period of three (3) years after final
23 payment under contract (Government Code Section 8546.7).
24 In addition, Contractor shall cooperate and participate with County's fiscal review process
25 and comply with all final determinations rendered by the County's fiscal review process. If
26 County reaches an adverse decision regarding Contractor's services to consumers, it may result
27 in the disallowance of payment for services rendered; or in additional controls to the delivery of
28 services, or in the termination of this Agreement, at the discretion of County's DPH Director or
10
1 designee. If as a result of County's fiscal review process a disallowance is discovered due to
2 Contractor's deficiency, Contractor shall be financially liable for the amount previously paid by
3 County to Contractor and this disallowance will be adjusted from Contractor's future payments,
4 at the discretion of County's DPH Director or designee. In addition, County shall have the sole
5 discretion in the determination of fiscal review outcomes, decisions and actions.
6 8.10 Single Audit Clause.
7 (A) If Contractor expends Seven Hundred Fifty Thousand Dollars ($750,000) or more
8 Federal and Federal flow-through monies, Contractor agrees to conduct an annual audit
9 in accordance with the requirements of the Single Audit Standards as set forth in Office
10 of Management and Budget (OMB) Title 2 of the Code of Federal Regulations, Chapter
11 II, Part 200. Contractor shall submit said audit and management letter to County. The
12 audit must include a statement of findings or a statement that there were no findings. If
13 there were negative findings, Contractor must include a corrective action plan signed by
14 an authorized individual. Contractor agrees to take action to correct any material non-
15 compliance or weakness found as a result of such audit. Such audit shall be delivered
16 to County's DPH Administration for review within nine (9) months of the end of any fiscal
17 year in which funds were expended and/or received for the program. Failure to perform
18 the requisite audit functions as required by this Agreement may result in County
19 performing the necessary audit tasks, or at the County's option, contracting with a public
20 accountant to perform said audit, or, may result in the inability of County to enter into
21 future agreements with the Contractor.
22 (B) A single audit report is not applicable if all Contractor's Federal contracts do not
23 exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or
24 Contractor's federal funding is through Drug Medi-Cal.
25 Article 9
26 Confidentiality
27 9.1 Confidentiality. All services performed by the Contractor under this Agreement
28 shall be in strict conformance with all applicable Federal, State of California and/or local laws
11
1 and regulations relating to confidentiality. In addition, Contractor agrees to abide by the terms
2 and conditions of the Business Associate Agreement attached hereto as Exhibit D.
3 Article 10
4 Independent Contractor
5 10.1 Status. In performing under this Agreement, the Contractor, including its officers,
6 agents, employees, and volunteers, is at all times acting and performing as an independent
7 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
8 venturer, partner, or associate of the County.
9 10.2 Verifying Performance. The County has no right to control, supervise, or direct the
10 manner or method of the Contractor's performance under this Agreement, but the County may
11 verify that the Contractor is performing according to the terms of this Agreement.
12 10.3 Benefits. Because of its status as an independent contractor, the Contractor has no
13 right to employment rights or benefits available to County employees. The Contractor is solely
14 responsible for providing to its own employees all employee benefits required by law. The
15 Contractor shall save the County harmless from all matters relating to the payment of
16 Contractor's employees, including compliance with Social Security withholding and all related
17 regulations.
18 10.4 Services to Others. The parties acknowledge that, during the term of this
19 Agreement, the Contractor may provide services to others unrelated to the County.
20 Article 11
21 Indemnity and Defense
22 11.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
23 County (including its officers, agents, employees, and volunteers) against all claims, demands,
24 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
25 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
26 the performance or failure to perform by the Contractor (or any of its officers, agents,
27 subcontractors, or employees) under this Agreement. The County may conduct or participate in
28
12
1 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
2 defend the County.
3 11.2 Survival. This Article 11 survives the termination of this Agreement.
4 Article 12
5 Insurance
6 12.1 The Contractor shall comply with all the insurance requirements in Exhibit E to this
7 Agreement.
8 Article 13
9 Inspections, Audits, and Public Records
10 13.1 Inspection of Documents. The Contractor shall make available to the County, and
11 the County may examine at any time during business hours and as often as the County deems
12 necessary, all of the Contractor's records and data with respect to the matters covered by this
13 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
14 request by the County, permit the County to audit and inspect all of such records and data to
15 ensure the Contractor's compliance with the terms of this Agreement.
16 13.2 State Audit Requirements. If the compensation to be paid by the County under this
17 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
18 California State Auditor, as provided in Government Code section 8546.7, for a period of three
19 years after final payment under this Agreement. This section survives the termination of this
20 Agreement. Additional Federal audit requirements may apply if any portion of the compensation
21 to be paid by the County under this Agreement is also provided by Federal funding.
22 13.3 Public Records. The County is not limited in any manner with respect to its public
23 disclosure of this Agreement or any record or data that the Contractor may provide to the
24 County. The County's public disclosure of this Agreement or any record or data that the
25 Contractor may provide to the County may include but is not limited to the following:
26 (A) The County may voluntarily, or upon request by any member of the public or
27 governmental agency, disclose this Agreement to the public or such governmental
28 agency.
13
1 (B) The County may voluntarily, or upon request by any member of the public or
2 governmental agency, disclose to the public or such governmental agency any record or
3 data that the Contractor may provide to the County, unless such disclosure is prohibited
4 by court order.
5 (C)This Agreement, and any record or data that the Contractor may provide to the
6 County, is subject to public disclosure under the Ralph M. Brown Act (California
7 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
8 (D)This Agreement, and any record or data that the Contractor may provide to the
9 County, is subject to public disclosure as a public record under the California Public
10 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
11 with section 6250) ("CPRA").
12 (E) This Agreement, and any record or data that the Contractor may provide to the
13 County, is subject to public disclosure as information concerning the conduct of the
14 people's business of the State of California under California Constitution, Article 1,
15 section 3, subdivision (b).
16 (F) Any marking of confidentiality or restricted access upon or otherwise made with
17 respect to any record or data that the Contractor may provide to the County shall be
18 disregarded and have no effect on the County's right or duty to disclose to the public or
19 governmental agency any such record or data.
20 13.4 Public Records Act Requests. If the County receives a written or oral request
21 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
22 and which the County has a right, under any provision of this Agreement or applicable law, to
23 possess or control, then the County may demand, in writing, that the Contractor deliver to the
24 County, for purposes of public disclosure, the requested records that may be in the possession
25 or control of the Contractor. Within five business days after the County's demand, the
26 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
27 possession or control, together with a written statement that the Contractor, after conducting a
28 diligent search, has produced all requested records that are in the Contractor's possession or
14
1 control, or (b) provide to the County a written statement that the Contractor, after conducting a
2 diligent search, does not possess or control any of the requested records. The Contractor shall
3 cooperate with the County with respect to any County demand for such records. If the
4 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
5 CPRA or other applicable law, it must deliver the record or data to the County and assert the
6 exemption by citation to specific legal authority within the written statement that it provides to
7 the County under this section. The Contractor's assertion of any exemption from disclosure is
8 not binding on the County, but the County will give at least 10 days' advance written notice to
9 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
10 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
11 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
12 failure to produce any such records, or failure to cooperate with the County with respect to any
13 County demand for any such records.
14 Article 14
15 Disclosure of Self-Dealing Transactions
16 14.1 Applicability. This Article 14 applies if the Contractor is operating as a corporation
17 or changes its status to operate as a corporation.
18 14.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
19 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
20 "Self-Dealing Transaction Disclosure Form" (Exhibit F to this Agreement) and submitting it to the
21 County before commencing the transaction or immediately after.
22 14.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
23 a party and in which one or more of its directors, as an individual, has a material financial
24 interest.
25 Article 15
26 Compliance with State Regulations
27 15.1 Compliance with State Requirements. CONTRACTOR recognizes that COUNTY
28 operates is CalFresh Healthy Living Program with the use of state funds, and that the use of these
15
1 funds imposes certain requirements on the COUNTY and its subcontractors. CONTRACTOR shall
2 adhere to all State requirements, including those identified in Exhibit B attached hereto and by this
3 reference incorporated herein and made part of this Agreement.
4 Article 16
5 General Terms
6 16.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
7 Agreement may not be modified, and no waiver is effective, except by written agreement signed
8 by both parties. Notwithstanding the above, changes to object levels in the budget, attached
9 hereto as Exhibit C, that do not exceed ten percent (10%) of the maximum compensation
10 payable to the Contractor, may be made with the written approval of the County's Department of
11 Public Health Director, or designee. The ten percent (10%) budget modification maximum
12 applies to the cumulative adjustments made through the life of the Agreement. Additionally,
13 said budget changes shall not result in any change to the maximum compensation amount
14 payable to Contractor, nor shall it reduce the delivery of services or significantly modify the
15 scope of the services originally intended and approved under this Agreement, as stated herein.
16 The Contractor acknowledges that County employees have no authority to modify this
17 Agreement except as expressly provided in this Agreement.
18 16.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
19 under this Agreement without the prior written consent of the other party.
20 16.3 Governing Law. The laws of the State of California govern all matters arising from
21 or related to this Agreement.
22 16.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
23 County, California. Contractor consents to California jurisdiction for actions arising from or
24 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
25 brought and maintained in Fresno County.
26 16.5 Construction. The final form of this Agreement is the result of the parties' combined
27 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
28
16
1 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
2 against either party.
3 16.6 Days. Unless otherwise specified, "days" means calendar days.
4 16.7 Headings. The headings and section titles in this Agreement are for convenience
5 only and are not part of this Agreement.
6 16.8 Severability. If anything in this Agreement is found by a court of competent
7 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
8 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
9 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
10 intent.
11 16.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
12 not unlawfully discriminate against any employee or applicant for employment, or recipient of
13 services, because of race, religious creed, color, national origin, ancestry, physical disability,
14 mental disability, medical condition, genetic information, marital status, sex, gender, gender
15 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
16 all applicable State of California and federal statutes and regulation.
17 16.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
18 of the Contractor under this Agreement on any one or more occasions is not a waiver of
19 performance of any continuing or other obligation of the Contractor and does not prohibit
20 enforcement by the County of any obligation on any other occasion.
21 16.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
22 between the Contractor and the County with respect to the subject matter of this Agreement,
23 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
24 publications, and understandings of any nature unless those things are expressly included in
25 this Agreement. If there is any inconsistency between the terms of this Agreement without its
26 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
27 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
28 exhibits.
17
1 16.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
2 create any rights or obligations for any person or entity except for the parties.
3 16.13 Authorized Signature. The Contractor represents and warrants to the County that:
4 (A) The Contractor is duly authorized and empowered to sign and perform its
5 obligations under this Agreement.
6 (B) The individual signing this Agreement on behalf of the Contractor is duly
7 authorized to do so and his or her signature on this Agreement legally binds the
8 Contractor to the terms of this Agreement.
9 16.14 Electronic Signatures. The parties agree that this Agreement may be executed by
10 electronic signature as provided in this section.
11 (A) An "electronic signature" means any symbol or process intended by an individual
12 signing this Agreement to represent their signature, including but not limited to (1) a
13 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
14 electronically scanned and transmitted (for example by PDF document) version of an
15 original handwritten signature.
16 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
17 equivalent to a valid original handwritten signature of the person signing this Agreement
18 for all purposes, including but not limited to evidentiary proof in any administrative or
19 judicial proceeding, and (2) has the same force and effect as the valid original
20 handwritten signature of that person.
21 (C)The provisions of this section satisfy the requirements of Civil Code section
22 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
23 Part 2, Title 2.5, beginning with section 1633.1).
24 (D) Each party using a digital signature represents that it has undertaken and
25 satisfied the requirements of Government Code section 16.5, subdivision (a),
26 paragraphs (1)through (5), and agrees that each other party may rely upon that
27 representation.
28
18
1 (E) This Agreement is not conditioned upon the parties conducting the transactions
2 under it by electronic means and either party may sign this Agreement with an original
3 handwritten signature.
4 16.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
5 original, and all of which together constitute this Agreement.
6 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
CALIFORNIA HEALTH COLLABORATIVE COUNTY OF FRESNO
3
5 Steph n Ramirez, CEO j Nathan Magsig, Chairman of the Board of
6 1680 W. Shaw Avenue Supervisors of the County of Fresno
Fresno, California 93711 Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
9
By:
10 Ueputy
11 For accounting use only:
12 Org No.: 56201662
Account No.: 7295
13 Fund No.: 0001
Subclass No.: 10000
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SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
• •, 9 TaTal I IA 111,h III, , .
• Contractor will recruit staff to achieve Contractor Due 6 weeks after contract execution:
Recruitment and deliverables within contracted period to address Onboard program staff.
Hiring of the cultural, linguistic and literacy needs of the
Program Staff identified target population within each • List of staff recruited, indicate bilingual status.
community (Downtown Fresno/Southwest
Fresno, Kerman, Reedley, Parlier, Orange Cove • Submit staff contact list (name, title, phone
and Sanger) to implement a retail program and email), communities they lead and
and/or family-oriented outreach events in Fresno update the list as needed.
County.
• Contractor will provide staff with required 0 Contractor Due Quarterly:
CalFresh Healthy onboarding training, specific to CFHL needs • FCDPH
Living including but not limited to PEARS, Food Smarts January 15, April 15, July 15, and September
(CFHL)Trainings and Waste Reduction, Civil Rights, Trauma 15:
Resilience and Nourishment, CalFresh Healthy Submit completed team training in an
Living Building Blocks for Success, Taste of updated training log and certificates with
Success Food Tasting and Recipe Quarterly Program tracking report.
Demonstrations, and Breakthrough Messaging
in six Steps. Due 1-2 months after contract execution &
staff onboarding:
• Program staff to complete other appropriate Staff set up user accounts with CDPH
trainings identified by FCDPH. Required training Sharing Space, CFHL Statewide Training
includes: Website Platform and newsletter, and
o ServSafe Communication Resource Library.
o Program Tools/Assessments
o Data Management System
o Health Equity
• Other trainings identified as appropriate. Due 1-3 months after contract execution:
• Contractor program staff attend the FCDPH
Health Equity Training.
Include the following items in the Quarterly Tracking • Contractor Due Quarterly:
Quarterly CFHL Report: • FCDPH
FCDPH Tracking January 15, April 15, July 15, and September
Report Updated numbers for deliverables, events, 15:
technical assistance, training, community Submit Quarterly CalFresh Healthy Living
engagement, social media, and other activities. Program Tracking report.
Page 1 of 17
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CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
• The number of participating food retail partner • List of participating food retail sites and copy
sites and provide copies of new food retail site of their signed agreements.
agreement forms.
• List of supplemental resources used each
• Current list of supplemental resources used. FFY.
• Submit social media and website analytics
report, lifetime post total impressions, and
summary with the quarterly program tracking
report.
• Work with FCDPH staff to provide response to Contractor Due Biannual:
CFHL Biannual the funder (California Department of Public
Required Reports Health) on reporting requests to include the April 1 Mid-Year Report
required NEOPB Biannual Progress Report. . (October 1 - March 31):
• Submit semi-annual certificate full time
• Submit an updated CFHL Inventory Report to employee forms, and inventory report.
include equipment and theft sensitive
purchases. • Submit biannual report to FCDPH.
• Submit Semi-Annual Certificate Forms for each October 1 Year End Report
full time Employee. (April 1 - September 30):
• Submit semi-annual certificate full time
employee forms, and inventory report.
• Submit biannual report to FCDPH.
• Submit monthly invoices with back-up • Contractor Due 30 days after the end of each month:
CFHL Monthly documentation for all expenditures to include the Monthly billing required back-up
Invoices FCDPH Invoice Summary Spreadsheets. documentation for all expenditures, and
invoice.
• Enter program activity data into PEARS 0 Contractor Due Quarterly:
CFHL Program database. • FCDPH
Evaluation and o Indirect Activities • Program January 15, April 15, July 15, and September
Reporting o Partnerships Evaluator 15:
System (PEARS) o Coalitions PEARS Data Entry and reporting.
Page 2 of 17
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CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
Data and o Policy, Systems and Environmental
Reporting (PSE) Change Activities Submit social media and website analytics
o Success Story report, lifetime post total impressions, and
summary with the quarterly program tracking
• Contractor staff will document participating food report.
retail sites as partnerships in PEARS to
document meetings, training, and technical Due Annually:
assistance.
July 1:
• Contractor program lead will review all staff Submit success story to FCDPH for review and
entries quarterly for accuracy and approval prior to submitting in PEARS.
completeness.
Documentation to Keep on file:
• Mark PEARS entries complete quarterly, with
exception of PSE entries. Mark PEARS-PSE • Meeting, training, or event sign-in sheets.
entries complete in the 4t" quarter.
• Participant and volunteer registration for
• Collaborate with FCDPH evaluator, FCDPH staff special events or trainings.
(local reviewer) and State reviewers to edit or
revise data within a designated timeframe and • Program Indirect Activity and Event summary
add collaborators in programmatic entries in reports.
PEARS as needed.
• Press releases, photo release, consent
• Develop and submit at least one approved forms, and photos.
success story on a policy, system, or
environmental change project in the retail setting
to PEARS.
• Enter social media analytics and website
analytics for CFHL, contractor website, social
media reporting analytics: Facebook, Instagram,
Snap Chat, YouTube platforms.
Contractor will work with the FCDPH and program 0 Contractor Due Quarterly:
CFHL Evaluation evaluator to implement evaluation metrics, 0FCDPH
benchmarks, and practices to evaluate the • Program CFHL Program Tracking Report
effectiveness and impact of the program. These Evaluator January 15, April 15, July 15, September 15:
activities include:
Page 3 of 17
SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
• Work with FCDPH Equity Officer in completing a • Report program collaboration and program
health equity assessment. progress and other evaluation needs as
identified.
• Collaborate with FCDPH Equity Officer in
completing a health equity plan based on Due Once during the grant cycle:
assessment findings. Submit a contractor agency health equity
assessment, and health equity plan.
• Contribute to the effectiveness of the CFHL
program evaluation through collaboration and
feedback of program progress and other
evaluation needs as identified.
1-MBC. Contractor will work with FCDPH to • Contractor Due Quarterly:
CFHL Media, collaborate on media and/or communication needs 0 FCDPH
Branding, & to assure it aligns with CFHL programmatic Program Tracking Report
Communication requirements. January 15, April 15, July 15, and September
(MBC) 15:
2-MBC. Approved materials used and/or developed List and calendar of CFHL focused social
will be culturally and linguistically appropriate health media posts or videos and CFHL state and
education materials that align with the target created communication tools created to be
population. included in the program tracking report.
3-MBC. Any developed media including the CFHL, Documentation to Keep on file:
Healthy Fresno County, or Fresno County logos on • Advance email approval for purchase, design
event flyers, direct education flyer or indirect or creative for promotional items.
education promotional items needs to include the
required CFHL funding acknowledgement statement • Advance request and notice via email
and are to be submitted to FCDPH at least 4-weeks approval for use of Fresno County
advance of the event for local and state review and Department of Public Health Logo, Healthy
approval process. Fresno County Logo and CFHL logo.
4-MBC. Use current approved CFHL Branding • Previously approved MBC materials by
Guidelines, CalFresh Healthy Living Toolkit(s), FCDPH and Funder (California Department of
resources, and marketing materials consistent with Public Health).
implementing the new brand guidance locally.
5-MBC. Any promotional items, design or creative
supportive of healthy foods/snacking and beverages
choices, food waste and recovery, recognition of
Page 4 of 17
SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
participating food retailers, or other CFHL initiatives
are to be approved in advance and allowable for
purchase by California Department of Social
Services, State and/or local CFHL guideline.
6-MBC. Contractor will attend branding and
customizing material training and webinars for
CalFresh Healthy Living Statewide Training and
Resources.
Contractor and . Contractor will meet at least monthly with • Contractor Documentation to Keep on file:
CFHL Partner FCDPH Program and Fiscal staff to provide 0FCDPH
Collaboration updates. Meeting agenda and notes, or sign-in sheets.
and Meetings o All funded agency, partners, and staff
meeting.
o Statewide CFHL Forum
• Contractor staff will meet at least quarterly
funded CFHL partners to support program
activities to enhance and collaborate on
program related activities.
• Contractor staff will participate at least twice a
year in an all funded CFHL staff partners
meeting to enhance and collaborate on program
related activities.
• Contractor will attend Annual CFHL Statewide
Forum.
Page 5 of 17
SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
CATEGORY: If#=
DOMAIN w—
ML--
SHOP Food Retail Behavioral • Places that Sell or Distribute Food &
Economics Beverages
• Food Waste Prevention, Recovery, and
Redistribution
DESCRIPTIONACTIVITY 1�= Ah —
� •CUMENTATION,AND TiMELINE
• Conduct at least 3 retail Key Informant Interview • Contractor Due 6 months after contract execution:
Food Retail Community Surveys with keycommunitystakeholders in • FCDPH
Assessments and y • Program . Submit copes of the Key y Informant Surveys to
Surveys each targeted community (Downtown Evaluator FCDPH.
Fresno/South West Fresno, Kerman, Reedley,
Parlier, Orange Cove and Sanger) to Documentation to Keep on file:
understand the overall landscape of retail • Completed retail consumer survey(s)with
community. shoppers.
• Beginning in FFY25, identify and conduct at • Completed Key Informant Interview Surveys.
least one retail consumer survey in at least one • Completed food waste prevention and
participating retail site per community annually recovery.
(Spring) to assess access to healthy foods and
beverages with the retail setting and community
to help drive purchases of healthy foods and
beverages with at least 50 shoppers.
• In FFY25, identify and conduct assessments
(quantitative and qualitative) with at least 20
participating retail sites for food waste
prevention and recovery to assess:
o retail readiness,
o infrastructure, and
0 organizational capacity.
Assess retail environment, interior/exterior signage, • Contractor Due Annually:
Food Retail Site Level promotion of health items, strategic product • FCDPH
Assessment p y g Questionnaire(SLAQ), placement, pricing strategies, and promotion of Program
December 1:
Site Action Plans,and Evaluator
Local Health Department nutrition assistance programs with participating Submit completed Food Retail SLAQ.
Activity Check List(LAC) retail sites using the required food retail SLAQ.
March 1:
• Conduct and submit completed Food Retail Submit completed Food Retail Site Action
SLAQs from participating retail sites that have Plans.
Page 6 of 17
SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
existing or interested in implementing retail
policy, system, environmental changes (PSE). August 15:
Submit completed Food Retail LAC.
• Contractor will work with FCDPH and State
Evaluators to review Food Retail SLAQ results
to develop retail site action plans in relation to
promotion of healthy items, strategic product
placement, pricing strategies, promotion of
nutrition assistance programs and PSE.
• Conduct and submit Online Local Health
Department (LHD) Activity Checklist (LAC) at
end of year for retail sites that have completed a
SLAQ.
DESCRIPTION • DocuMENTATION,
P y L Food Retail Outreach Promote and recruit at least 20 retail sites to • Contractor Due 6 months after contract execution, and
Plan discuss the following: annually thereafter:
o Overview of CFHL Food Retail Program • Submit a list of interested food retail sites with
o Goals and vision for site contact information.
o Support and collaboration from CFHL . Submit completed and signed retail partner
Retail Program agreement for each participating retail site.
o Review and sign the Partner Agreement • Annually, on September 15th submit a list of
active participating food retail sites.
• Recruit and submit a list of interested food retail
sites with complete address and retail contact
within the targeted areas (Downtown
Fresno/South West Fresno, Kerman, Reedley,
Parlier, Orange Cove and Sanger) for retail
program intervention for review and approval
from FCDPH.
o Each retail site or must be approved in
the CFHL GIS Map tool prior to providing
services.
o Sites will be verified on the Nutrition
Education and Obesity Prevention
Branch (NEOPB) GIS Mapping tool and
Page 7 of 17
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CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
add sites to our Fresno County NEOPB
approved Site List.
o Submit any additional new food retail
sites to FCDPH for approval throughout
the year.
• Identify and engage at least 4 participating food
retail owners in the targeted communities
(Downtown Fresno/South West Fresno,
Kerman, Reedley, Parlier, Orange Cove and
Sanger) to conduct food waste prevention and
recovery efforts in the food retail sites annually.
• Contractor
Food Retail Community 1-CE. Engage at least 20 local retail site leadership Due Quarterly:
Engagement(CE) and staff within the participating communities
annually. PEARS Reporting
o Educate on the benefits and impact of January 15, April 15, July 15, and September
working on creating better access to 15:
healthier foods within the store annually, Document food retail site community
engagement activities in indirect activities,
o Merchandize, internal and/or external partnerships, coalitions, policy, systems and
food/beverage retail promotion (displays environmental (PSE) change activities, and
and placement), participating retail sites Success Story as appropriate.
with messaging and education to
promote and encourage healthy food o Document Site Level Assessment
and beverage purchasing at least 2 Questionnaires (SLAQ) and LHD
times a year. Activity Checklist (LAC) scores and
outcome goals.
o Educate on the benefits and impact of a
structured food retail waste prevention o Document Food waste and recovery
and recovery system annually, materials disseminated.
o Educate food retail site staff on o Document with a list of local food waste
conducting healthy food demonstrations, and recovery community partners from
taste tests, healthy holiday food tastings each of the targeted communities.
or other events,
CFHL Program Tracking Report
Page 8 of 17
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CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
o Assess readiness, strengths and gaps, January 15, April 15, July 15, September 15
physical environment, and infrastructure Track community engagement food retail
and organizational food retail capacity, activity reach.
and
September 30, 2025
o Educate on the recognition of . Develop a local Healthy Food Retail
participating food retailers as a Healthy Recognition Program.
Food Retail site.
September 30, 2026
2-CE. Conduct at least 36 healthy food Recognize at least 3 participating food retail sites
demonstrations or taste tests equitably among the as healthy food retail sites.
20 participating food retail sites annually.
Keep on file:
3-CE. Engage at least 4 of the 20 participating retail . Agenda and sign-in sheets.
owners in implementation participating communities
to conduct food waste prevention and recovery . SLAQ's and LAC's, Action Plans.
efforts in the retail sites and present assessment
and results annually. . Resources provided to retailers and community
o Engage consistently throughout partners.
planning, implementation, and
maintenance of selected interventions.
o Engage partners with common goals to
leverage relationships, support, and
collaborate on funding opportunities.
4-CE. Leverage relationships with food retail
owners and managers to generate support for new
and existing PSE interventions among food retail
sites. Engage food retail staff throughout planning,
implementation and maintenance in the following
PSE:
o Healthy Checkout Line,
o increase or improve the number of
healthy food or beverage choices,
o decrease or limit unhealthy food or
beverage advertising, and
o adjust healthy food or beverage
placement and displays to be more
prominent and visible compared to
Page 9 of 17
SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
unhealthy food or beverages (behavioral
economics),
o acquire CalFresh (SNAP/Food Stamps),
and Women, infant and Children
Supplemental Nutrition Program.
5-CE. Identify and engage with at least 3 partners
in each targeted community and maintain a list of
local food waste and recovery community partners
in various settings within each community who lead
the effort to receive and distribute recovered food
back into the local community and connect to the
participating retail owner for new policy, system or
environmental interventions.
6-CE. Engage local food waste and recovery
community partners and food retail owners
consistently throughout planning, implementation,
and maintenance of interventions to improve and/or
expanded food access and food waste prevention
and recovery among community members.
7-CE. In partnership with CFHL staff and partners,
support engagement activities, in each community
(Downtown Fresno/South West Fresno, Kerman,
Reedley, Parlier, Orange Cove and Sanger):
o Gather feedback related to food access
barriers,
o present retail and food waste
assessment results to retail owners,
o share food retail surveys and
assessment results and considerations
at community partner meetings, listening
sessions, coalition meetings and
workgroups.
8-CE. Engage at least quarterly with partners such
as Youth Leadership institute, Tobacco Free
Coalition, education institutions, Central California
Page 10 of 17
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CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
Food Bank, Fresno Food Policy Council, County
Environmental Health, gleaning groups, city and
county composting partners, and waste haulers to
promote equitable healthy food retail and access
and food waste prevention and recovery
interventions across retail, schools, and community
sectors. Share funding opportunities around
promoting equitable healthy food retail and access
and food waste prevention and recovery
interventions across sectors.
9-CE. Identify and engage at least 4 participating
retail owners/managers to become peer-to-peer
food retail leaders in Fresno County to help promote
the CFHL healthy retail program, Food Retail
Recognition Program, and champion actions to
initiate food waste prevention and recovery efforts in
other food retail sites by the end of FFY26.
10-CE. By end of FFY25, identify and/or develop a
local Healthy Food Retail Recognition Program, for
review and approval by FCDPH and funder
(California Department of Public Health) who
supports retail-based PSE changes strategies on
increase access to and availability of healthy food
and beverage choices.
10-CE. By end of FFY26, identify and recognize at
least 3 participating food retail sites as a Healthy
Food Retail site.
RESPONSIBLEACTIVITY DESCRIPTION D.
PARTY
1-IEP. Promote, support, and reinforce messages Contractor Due Quarterly:
Food Retail Indirect consistent with education and other activities within
Education and food retail sites to include but not limited to health PEARS Reporting
Promotion (IEP) y p 9
food and drink choices, and food waste prevention January 15, April 15, July 15, and September
and recovery PSE interventions. 15:
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CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
2-IEP. Communicate through various appropriate Document food retail site indirect activities, as
channels such as newsletters, site-based events, appropriate.
flyers, posters, website, and social media to engage
youth and adults to promote events and PSE CFHL Program Tracking Report
interventions in food retail sites. January 15, April 15, July 15, September 15:
• Report site-based event reach, website, and
3-IEP. Promote and collaborate with at least one social media posts and reach to engage
local food retail site per community (Downtown students and parents to implement
Fresno/Southwest Fresno, Kerman, Reedley, interventions in after retail programs.
Parlier, Orange Cove and Sanger) in partnership
with CFHL partners and FCDPH staff for Rethink Keep on file:
Your Drink Day, and Healthy Snack Day • Event reach, event flyers, materials
interventions with approved materials annually disseminated' and sign-up sheets.
reaching at least 75 adults or youth.
• Participant registration, photos for special
44EP. Share at least 6 new or existing approved events.
social media posts annually using current approved
CFHL Branding Guidelines, CalFresh Healthy Living . Event, food demo and social media posts and
Media Toolkit(s), resources, and marketing analytics, calendar analytics,
materials to increase healthy eating, benefits of
consuming more water, increasing physical activity, • Event photo consent and liability waivers,
less sugary sweetened beverages, Rethink Your
Drink Day, and Healthy Snack Day, and importance 0 Other tracking tools to document event and
of food prevention and recovery. store tour participation.
54EP. Track materials provided to retail sites in
support of Rethink Your Drink Day, and Healthy
Snack Day, store tours, food tastings, and retail
events to increase healthy eating, benefits of
consuming more water, increasing physical activity,
consuming less sugary sweetened beverages, and
importance of food prevention and recovery; recipe
cards; cookbooks, and other disseminated materials
quarterly.
64EP. Coordinate, plan, and conduct at least 2
Fruit and Veggie Fests events reaching 300
participants at participating food retail sites annually
to include the following but not limited to:
Page 12 of 17
SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
o Healthy food and beverage tastings,
o physical activity activities,
o CFHL Radio Remote, and
o healthy food retail messaging: healthy
eating, eating healthy on a budget,
benefits of consuming more water, less
sugary beverages, and importance of
food prevention and recovery.
7-IEP. In partnership with FCDPH and CFHL
school wellness subcontractor, conduct at least
1 food retail site tour in each community (Kerman,
Reedley, Parlier, Orange Cove and Sanger)
annually reaching at least 10 adults or youth for a
total of 60, per community annually. Compliment
store tours with food tastings that include instore
healthy food and beverage sale items as well as
promoting the healthy food and beverage sale items
in the neighboring school.
ACTIVITY DESCRIPTION RESPONSIBLE DELIVERABLEs, D.
PARTY
Based on results of Food Retail Site Level Contractor Due Quarterly:
Food Retail Training and Assessment Questionnaire (SLAQ), Site Action
Technical Assistance Plans, and Local Health Department Activity Check PEARS Reporting
(TTA) p Y p g
List (LAC) and Food Retail Community January 15, April 15, July 15, and September
Assessments and Surveys, provide training and/or 15:
technical assistance with participating food retail Report training and technical assistance to
sites. retail key stakeholders such as retail owner,
manager and staff, in retail program sites.
1-TTA. Provide training and technical assistance to
participating food retail staff to build knowledge and
capacity on the following at least twice per year: CFHL Program Tracking Report
January 15, April 15, July 15, September 15:
o Increase knowledge and provide training Report training and technical assistance to
to food retail staff in the produce retail key stakeholders such as retail owner,
department on safe food handling and manager, and staff, in retail program sites.
storage techniques,
Page 13 of 17
SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
o increase knowledge on importance of Keep on file for all training and technical
access of fresh fruits & vegetables, assistance:
whole grains, creating quick healthy . Meeting and training agenda,
snacks and meals, and low-fat dairy . materials disseminated,
products, . liability waivers,
o increase knowledge and capacity to . sign-up sheets,
provide healthy food demonstrations, . participant registration and
and/or taste tests at the food retail site, . volunteers for special events, photos, and
and photo consent forms, and
o to support and advance new and/or . evaluation tracking tools to document trainings
improved food waste prevention and and policy, system, and environmental change
recovery efforts within the food retail site work.
to distribute recovered food back into the
local community.
2-TTA. Provide training and technical support to
store owners and staff on merchandizing, internal
and/or external food retail promotion (displays and
placement), and merchandizing opportunities to
promote healthy foods and beverages at least 2
times per year with each participating retail site.
3-TTA. Provide training and technical assistance on
food retail site systems and/or sustainable
environmental changes within the food retail site
with at least one local food retail site per community
(Downtown Fresno/Southwest Fresno, Kerman,
Reedley, Parlier, Orange Cove and Sanger) to
establish and sustain one of the following:
o Healthy checkout line,
o increase or improve the number of
healthy food or beverage choices,
o decrease or limit unhealthy food or
beverage advertising, and
o adjust healthy food or beverage
placement and displays to be more
prominent and visible compared to
Page 14 of 17
SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
unhealthy food or beverages (behavioral
economics),
o establish a new and/or improved food
retail waste prevention and recovery
system,
o acquire CalFresh (SNAP/Food Stamps),
and Women, infant and Children
Supplemental Nutrition Program, and
0 other food retail site systems and/or
sustainable environmental changes
within the food retail site.
4-TTA. Identify and participate in a Healthy Retail
and Food Waste Prevention & Recovery Training
in FFY25 (in person) to build staff capacity on
healthy retail and food waste prevention &
recovery strategies and best practices.
5-TTA. Identify trainer(s) and expert(s) to convene
a local/regional Healthy Retail and Food Waste
Prevention & Recovery Training in FFY26. The
training opportunity will provide local and regional
retailers and food waste prevention & recovery
stakeholders with best practices and resources to
build upon local and regional retail food waste
prevention & recovery sustainability efforts.
Page 15 of 17
SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
CATEGORY: • :•• •
DESCRIPTIONACTIVITY •• DocuMENTATION,
PARTY M
Engage local community partners, community 0 Contractor Due Quarterly:
Coalitions and FCDPH
Workgroup coalitions and workgroups with common goals to •
Collaboration(CWC) leverage relationships to support and improve access Program Tracking Report
to healthy food and beverages and food waste January 15, April 15, July 15, and September
prevention and recovery in food retail site interventions 15:
across sectors. Track coalition and workgroup activities
such as meetings and collaboration.
1-CWC. Participate in quarterly FCHIP meetings and
monthly workgroups (Diabetes Collaborative, Fresno PEARS Reporting
Food Security Network) as appropriate to January 15, April 15, July 15, and September
communicate, cross-promote, and facilitate a 15:
coordinated approach to enhance the consistency to Document meetings, agendas, key
share and/or gather data from assessments, highlights and participants of coalitions
community engagement activities, share retail and workgroups.
implementation progress, successes, solutions for
challenges, and report retail and food waste prevention Keep on file:
and recovery results. Encourage collaboration and . Meeting notes and agenda,
integrate activities with community partners to improve . materials disseminated, and
access and food waste prevention and recovery . photos, and/or photo consent forms.
interventions across sectors.
2-CWC. Participate at least quarterly in the Fresno
Food Policy Council, Fresno County Tobacco-Free
Coalition, local community food waste prevention
partner meetings (Fresno Metro Ministry Food to
Share), and other local community coalitions each
community (Downtown Fresno/Southwest Fresno,
Kerman, Reedley, Parlier, Orange Cove and Sanger).
3-CWC. Contractor will work with FCDPH, funded and
non-funded partners to enhance, promote, or support
other CFHL activities and other health program related
activities through partnerships and collaborative efforts
Page 16 of 17
SCOPE OF SERVICES
CALFRESH HEALTHY LIVING: HEALTHY RETAIL PROGRAM EXHIBIT A
in each community (Downtown Fresno/Southwest
Fresno, Kerman, Reedley, Parlier, Orange Cove and
Sanger) to communicate, cross-promote, and share
retail implementation progress, successes and align
program activities as appropriate.
Page 17 of 17
EXHIBIT B
County of Fresno
23-10314
Page 1 of 4
EXHIBIT C
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.
Page 1 of26
EXHIBIT B
County of Fresno
23-10314
Page 2 of 4
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.
Page 2 of26
EXHIBIT B
County of Fresno
23-10314
Page 3 of 4
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.
Page 3 of26
EXHIBIT B
County of Fresno
23-10314
Page 4 of 4
4) For publications other than those described inparagraph 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.
Page 4 of26
EXHIBIT B
County of Fresno
Agreement # 23-10314
Page 1 of 5
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) Administrative Guidelines Manual
2) LHD Program Letters:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/NEOPB/Pages/LHDProgra
mLetters.aspx
3) SNAP-Ed Plan Guidance and Templates:
https://snaped.fns.usda.gov/program-administration/guidance-and-templates
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) Failure to adhere to the funding application parameters and or submitted plans to
address the application deliverables.
4) 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
Page 5 of26
EXHIBIT B
County of Fresno
Agreement#23-10314
Exhibit E Page 2 of 5
Additional Provisions
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.
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:
Page 6 of26
EXHIBIT B
County of Fresno
Exhibit E Agreement# 23-10314
Additional Provisions Page 3 of 5
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.
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 Chief's 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 Chief's
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 Chief's 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
Page 7 of26
EXHIBIT B
County of Fresno
Exhibit E Agreement# 23-10314
Additional Provisions Page 4 of 5
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.
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.
5. Executive Order N-6-22 - Economic Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding
Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions"
refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as
well as any sanctions imposed under state law. The EO directs state agencies to terminate
contracts with, and to refrain from entering any new contracts with, individuals or entities that are
determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee
is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned
individuals or entities, that shall be grounds for termination of this Agreement. The State shall
provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar
days to provide a written response. Termination shall be at the sole discretion of the State.
Prior to awarding and executing grant, the State shall conduct its due diligence to determine if the
proposed awardee is a named individual or entity on federal and any state Economic Sanctions
lists. If the proposed awardee is listed, the State shall refrain from entering into the Grant.
Resources for locating names of sanctioned individuals and entities are available on the DGS Office
of Legal Services' webpage: Ukraine-Russia (ca.gov).
Page 8 of26
EXHIBIT B
County of Fresno
Exhibit E Agreement# 23-10314
Additional Provisions Page 5 of 5
If this Agreement is valued at$5 million or more, upon execution the State will send a separate
notification outlining additional requirements specified under the EO. Compliance with this
Economic Sanctions imposed in response to Russia's actions in Ukraine is required, including with
respect to, but not limited to, the federal executive orders identified in the EO and the sanctions
identified on the U.S. Department of the Treasury website (https://home.treasurV.gov/policy-
issues/financial-sanctions/sanctionsprograms-and-country-information/ukraine-russia-
related-sanctions). Failure to comply may result in the termination of this Agreement.
Page 9 of26
EXHIBIT B
California Department of Public Health
Exhibit F
Federal Terms and Conditions County of Fresno
23-10314]
(For Federally Funded Grant Agreements)
This exhibit contains provisions that require strict adherence to various contracting laws and
policies.
Index of Special Terms and Conditions
1. Federal Funds
2. Federal Equal Employment Opportunity Requirements
3. Debarment and Suspension Certification
4. Covenant Against Contingent Fees
5. Lobbying Restrictions and Disclosure Certification
6. Additional Restrictions
7. Human Subjects Use Requirments
8. Audit and Record Retention
9. Federal Requirements
CDPH(rev. 12-21) Page 1 of 13
Page 10 of26
EXHIBIT B
California Department of Public Health — Federal Terms and Conditions Exhibit F
1. Federal Funds
(Applicable only to that portion of an agreement funded in part or whole with federal funds.)
a. It is mutually understood between the parties that this Agreement may have been written
before ascertaining the availability of congressional appropriation of funds, for the mutual
benefit of both parties, in order to avoid program and fiscal delays which would occur if
the Agreement were executed after that determination was made.
b. This Agreement is valid and enforceable only if sufficient funds are made available to the
State by the United States Government for the fiscal years covered by the term of this
Agreement. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the Congress or any statute enacted by the Congress
which may affect the provisions, terms or funding of this Agreement in any manner.
c. It is mutually agreed that if the Congress does not appropriate sufficient funds for the
program, this Agreement shall be amended to reflect any reduction in funds.
d. CDPH has the option to invalidate or cancel the Agreement with 30-days advance written
notice or to amend the Agreement to reflect any reduction in funds.
2. Federal Equal Opportunity Requirements
(Applicable to all federally funded grants entered into by the California Department of Public
Health (CDPH) formerly known as California Department of Health Services (CDHS).)
a. The Grantee will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, physical or mental handicap,
disability, age or status as a disabled veteran or veteran of the Vietnam era. The Grantee
will take affirmative action to ensure that qualified applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion,
sex, national origin, physical or mental handicap, disability, age or status as a disabled
veteran or veteran of the Vietnam era. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and career
development opportunities and selection for training, including apprenticeship. The
Grantee agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Federal Government or CDPH, setting forth
the provisions of the Equal Opportunity clause, Section 503 of the Rehabilitation Act of
1973 and the affirmative action clause required by the Vietnam Era Veterans'
Readjustment Assistance Act of 1974 (38 U.S.C. 4212). Such notices shall state the
Grantee's obligation under the law to take affirmative action to employ and advance in
employment qualified applicants without discrimination based on their race, color, religion,
sex, national origin physical or mental handicap, disability, age or status as a disabled
veteran or veteran of the Vietnam era and the rights of applicants and employees.
b. The Grantee will, in all solicitations or advancements for employees placed by or on behalf
of the Grantee, state that all qualified applicants will receive consideration for employment
CDPH(rev. 12-21) Page 11 o f 2 6 Page 2 of 13
EXHIBIT B
California Department of Public Health — Federal Terms and Conditions Exhibit F
without regard to race, color, religion, sex, national origin physical or mental handicap,
disability, age or status as a disabled veteran or veteran of the Vietnam era.
c. The Grantee will send to each labor union or representative of workers with which it has
a collective bargaining agreement or other contract or understanding a notice, to be
provided by the Federal Government or the State, advising the labor union or workers'
representative of the Grantee's commitments under the provisions herein and shall post
copies of the notice in conspicuous places available to employees and applicants for
employment.
d. The Grantee will comply with all provisions of and furnish all information and reports
required by Section 503 of the Rehabilitation Act of 1973, as amended, the Vietnam Era
Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. 4212) and of the Federal
Executive Order No. 11246 as amended, including by Executive Order 11375, `Amending
Executive Order 11246 Relating to Equal Employment Opportunity,` and as
supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," and of the
rules, regulations, and relevant orders of the Secretary of Labor.
e. The Grantee will furnish all information and reports required by Federal Executive Order
No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order
11246 Relating to Equal Employment Opportunity,' and as supplemented by regulation
at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," and the Rehabilitation Act of 1973, and
by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by the State and its designated
representatives and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
f. In the event of the Grantee's noncompliance with the requirements of the provisions
herein or with any federal rules, regulations, or orders which are referenced herein, this
Agreement may be cancelled, terminated, or suspended in whole or in part and the
Grantee may be declared ineligible for further federal and state contracts in accordance
with procedures authorized in Federal Executive Order No. 11246 as amended and such
other sanctions may be imposed and remedies invoked as provided in Federal Executive
Order No. 11246 as amended, including by Executive Order 11375, `Amending Executive
Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by
regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
g. The Grantee will include the provisions of Paragraphs a through g in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Federal Executive Order No. 11246 as amended, including by
Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal
Employment Opportunity,` and as supplemented by regulation at 41 CFR part 60, "Office
of the Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," or Section 503 of the Rehabilitation Act of 1973 or(38 U.S.C. 4212)
of the Vietnam Era Veteran's Readjustment Assistance Act, so that such provisions will
be binding upon each subgrantee or vendor. The Grantee will take such action with
CDPH (rev. 12-21) Page 12 o f 26 Page 3 of 13
EXHIBIT B
California Department of Public Health — Federal Terms and Conditions Exhibit F
respect to any subcontract or purchase order as the Director of the Office of Federal
Contract Compliance Programs or CDPH may direct as a means of enforcing such
provisions including sanctions for noncompliance provided, however, that in the event the
Grantee becomes involved in, or is threatened with litigation by a subgrantee or vendor
as a result of such direction by CDPH, the Grantee may request in writing to CDPH, who,
in turn, may request the United States to enter into such litigation to protect the interests
of the State and of the United States.
3. Debarment and Suspension Certification
a. By signing this Grant, the Grantee agrees to comply with applicable federal suspension
and debarment regulations including, but not limited to 7 CFR Part 3017, 45 CFR 76, 40
CFR 32 or 34 CFR 85.
b. By signing this Grant, the Grantee certifies to the best of its knowledge and belief, that it
and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded by any federal department or agency;
(2) Have not within a three-year period preceding this application/proposal/agreement
been convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in Paragraph b(2) herein; and
(4) Have not within a three-year period preceding this application/proposal/agreement
had one or more public transactions (Federal, State or local) terminated for cause or
default.
(5) Shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under federal regulations (i.e., 48 CFR part 9, subpart 9.4),
debarred, suspended, declared ineligible, or voluntarily excluded from participation in
such transaction, unless authorized by the State.
(6) Will include a clause entitled, "Debarment and Suspension Certification" that
essentially sets forth the provisions herein, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions.
c. If the Grantee is unable to certify to any of the statements in this certification, the Grantee
shall submit an explanation to the CDPH Program Contract Manager.
d. The terms and definitions herein have the meanings set out in the Definitions and
Coverage sections of the rules implementing Federal Executive Order 12549.
CDPH(rev. 12-21) Page 13 of 26 Page 4 of 13
EXHIBIT B
California Department of Public Health — Federal Terms and Conditions Exhibit F
e. If the Grantee knowingly violates this certification, in addition to other remedies available
to the Federal Government, the CDPH may terminate this Agreement for cause or default.
4. Covenant Against Contingent Fees
The Grantee warrants that no person or selling agency has been employed or retained to
solicit/secure this Grant upon an agreement of understanding for a commission, percentage,
brokerage, or contingent fee, except bona fide employees or bona fide established
commercial or selling agencies retained by the Grantee for the purpose of securing business.
For breach or violation of this warranty, CDPH shall have the right to annul this Grant without
liability or in its discretion to deduct from the Grant price or consideration, or otherwise
recover, the full amount of such commission, percentage, and brokerage or contingent fee.
5. Lobbying Restrictions and Disclosure Certification
(Applicable to federally funded grants in excess of $100,000 per Section 1352 of the 31,
U.S.C.)
a. Certification and Disclosure Requirements
(1) Each person (or recipient)who requests or receives a grant, subgrant, which is subject
to Section 1352 of the 31, U.S.C., and which exceeds $100,000 at any tier, shall file
a certification (in the form set forth in Attachment 1, consisting of one page, entitled
"Certification Regarding Lobbying")that the recipient has not made, and will not make,
any payment prohibited by Paragraph b of this provision.
(2) Each recipient shall file a disclosure (in the form set forth in Attachment 2, entitled
"Standard Form-LLL `disclosure of Lobbying Activities"') if such recipient has made or
has agreed to make any payment using nonappropriated funds (to include profits from
any covered federal action) in connection with a grant or any extension or amendment
of that grant, which would be prohibited under Paragraph b of this provision if paid for
with appropriated funds.
(3) Each recipient shall file a disclosure form at the end of each calendar quarter in which
there occurs any event that requires disclosure or that materially affect the accuracy
of the information contained in any disclosure form previously filed by such person
under Paragraph a(2) herein. An event that materially affects the accuracy of the
information reported includes:
(a) A cumulative increase of $25,000 or more in the amount paid or expected to be
paid for influencing or attempting to influence a covered federal action;
(b) A change in the person(s) or individuals(s) influencing or attempting to influence a
covered federal action; or
(c) A change in the officer(s), employee(s), or member(s) contacted for the purpose
of influencing or attempting to influence a covered federal action.
(4) Each person (or recipient) who requests or receives from a person referred to in
CDPH(rev. 12-21) Page 14 of 26 Page 5 of 13
California Department of Public Health - Federal TeEA awn anditions Exhibit F
Paragraph a(1) of this provision a grant or subgrant exceeding $100,000 at any tier
under a grant shall file a certification, and a disclosure form, if required, to the next tier
above.
(5) All disclosure forms (but not certifications) shall be forwarded from tier to tier until
received by the person referred to in Paragraph a(1) of this provision. That person
shall forward all disclosure forms to CDPH Program Contract Manager.
b. Prohibition
Section 1352 of Title 31, U.S.C., provides in part that no appropriated funds may be
expended by the recipient of a federal contract or agreement, grant, loan, or cooperative
agreement to pay any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with any of the following covered
federal actions: the awarding of any federal contract or agreement, the making of any
federal grant, the making of any federal loan, entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal
contract or agreement, grant, loan, or cooperative agreement.
6. Additional Restrictions
Grantee shall comply with the restrictions under Division F, Title V, Section 503 of the
Consolidated Appropriations Act, 2012 (H.R. 2055), which provides that:
"SEC. 503.(a) No part of any appropriation contained in this Act or transferred pursuant
to section 4002 of Public Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation designed to support or defeat the
enactment of legislation before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local legislature itself, or
designed to support or defeat any proposed or pending regulation, administrative action,
or order issued by the executive branch of any State or local government, except in
presentation to the executive branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or transferred pursuant to section
4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation, administrative action, or
Executive order proposed or pending before the Congress or any State government,
State legislature or local legislature or legislative body, other than for normal and
recognized executive-legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative processes within the
executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or
promote any proposed, pending or future Federal, State or local tax increase, or any
proposed, pending, or future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the advocacy or promotion of
gun control."
CDPH(rev. 12-21) Page 15 of 26 Page 6 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit F
7. Human Subjects Use Requirements
(Applicable only to federally funded agreements in which performance, directly or through a
subgrantee/subaward, includes any tests or examination of materials derived from the human
body.)
By signing this Agreement, Grantee agrees that if any performance under this Agreement or
any subcontract or subagreement includes any tests or examination of materials derived from
the human body for the purpose of providing information, diagnosis, prevention, treatment or
assessment of disease, impairment, or health of a human being, all locations at which such
examinations are performed shall meet the requirements of 42 U.S.C. Section 263a (CLIA)
and the regulations thereunder.
8. Audit and Record Retention
(Applicable to agreements in excess of$10,000.)
a. The Grantee shall maintain books, records, documents, and other evidence, accounting
procedures and practices, sufficient to properly reflect all direct and indirect costs of
whatever nature claimed to have been incurred in the performance of this Agreement,
including any matching costs and expenses. The foregoing constitutes "records" for the
purpose of this provision.
b. The Grantee's facility or office or such part thereof as may be engaged in the performance
of this Agreement and his/her records shall be subject at all reasonable times to
inspection, audit, and reproduction.
c. Grantee agrees that CDPH, the Bureau of State Audits, or their designated
representatives including the Comptroller General of the United States shall have the right
to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. 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, the Grantee agrees
to include a similar right of the State to audit records and interview staff in any subgrantee
related to performance of this Agreement. (GC 8546.7, CCR Title 2, Section 1896).
d. The Grantee shall preserve and make available his/her records (1) for a period of three
years from the date of final payment under this Agreement, and (2)for such longer period,
if any, as is required by applicable statute, by any other provision of this Agreement, or
by subparagraphs (1) or (2) below.
(1) If this Agreement is completely or partially terminated, the records relating to the work
terminated shall be preserved and made available for a period of three years from the
date of any resulting final settlement.
(2) If any litigation, claim, negotiation, audit, or other action involving the records has been
started before the expiration of the three-year period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until
the end of the regular three-year period, whichever is later.
CDPH(rev. 12-21) Page 16 o f 26 Page 7 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit F
f. The Grantee may, at its discretion, following receipt of final payment under this
Agreement, reduce its accounts, books and records related to this Agreement to
electoronic data storage device. Upon request by an authorized representative to inspect,
audit or obtain copies of said records, the Grantee and/or Subgrantee must supply or
make available applicable devices, hardware, and/or software necessary to view, copy
and/or print said records.
9. Federal Requirements
Grantee agrees to comply with and shall require all subgrantee's, if any, to comply with
all applicable Federal requirements including but not limited to the United States Code,
the Code of Federal Regulations, the Funding Opportunity Announcement, the Notice of
Award, the funding agreement, and any memoranda or letter regarding the applicable
Federal requirements.
CDPH(rev. 12-21) Page 17 o f 26 Page 8 of 13
California Department of Public Health —Federal Terms and Conditions Exhibit F
Attachment 1
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making, awarding or entering into of this Federal
contract, Federal grant, or cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of this Federal contract, grant, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency of the
United States Government, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, or
cooperative agreement, the undersigned shall complete and submit Standard Form LLL,
"Disclosure of Lobbying Activities" in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subGrantees, subgrants, and contracts
under grants and cooperative agreements) of$100,000 or more, and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S.C., any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
;County of Fresnq Sal Quintero
Name of Grantee Printed Name of Person Signing for Grantee
23-10314)
Contract/ Grant Number n to e o Person Signing for Grantee
Chairma of the Board of Supervisors of the
County of Fresno
Date Title
After execution by or on behalf of Grantee, please return to:
ATTEST:
BERNICE E.SEIDEL
CDPH(rev. 12-21) Clerk of the Board of Supervisors Page 9 of 13
County of Fresno,state of California
Deputy
California Department of Public Health — Federal TerEms annd Conditions Exhibit F
California Department of Public Health
Nutrition Education and Obesity Prevention Branch
P.O. Box 997377, MS 7204
Sacramento, CA 95899-7377
Attn: Kimmy Casjens, Grant Manager
CDPH reserves the right to notifiy the Grantee in writing of an alternate submission address.
CDPH(rev. 12-21) page 19 of 26 Page 10 of 13
California Department of Public Health — Federal Terms a a"Ronditions Exhibit F
Attachment 2
CERTIFICATION REGARDING LOBBYING
Approved by OMB Complete this form to disclose lobbying
activities pursuant to 31 U.S.C. 13520348-0046
(See reverse for public burden disclosure)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
[ ] a. contract [ ] a. bid/offer/application [ ] a. initial filing
b. grant b. initial award b. material change
c. cooperative c. post-award For Material Change Only:
agreement
d. loan Year quarter
e. loan guarantee
f. loan insurance date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter
Name
and Address of Prime:
❑ Prime ❑ Subawardee
Tier , if known:
6. Federal Department/Agency 7. Federal Program Name/Description:
8. Federal Action Number, if known: 9. Award Amount, if known:
10.a. Name and Address of Lobbying b. Individuals Performing Services (including
Registrant address if different from 10a.
(If individual, last name, first name, Ml): (Last name, First name, MI):
11.Information requested through this form
is authorized by title 31 U.S.C. section Signature:
1352. This disclosure of lobbying
activities is a material representation of Print Name:
fact upon which reliance was placed by Title:
the tier above when this transaction was Telephone No.: Date:
made or entered into. This disclosure is
required pursuant to 31 U.S.C. 1352.
This information will be available for
public inspection. required disclosure
shall be subject to a not more than
$100,000 for each such failure.
Federal Use Only Authorized for Local Reproduction
Standard Form-LLL (Rev. 7-97)
CDPH (rev. 12-21) Page 11 of 13
Page 20 of26
California Department of Public Health — Federal Terms a a"Ronditions Exhibit F
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal
recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous
filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or
agreement to make payment to any lobbying entity for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with a covered Federal action. Complete all items
that apply for both the initial filing and material change report. Refer to the implementing guidance
published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured
to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a
material change to the information previously reported, enter the year and quarter in which the
change occurred. Enter the date of the last previously submitted report by this reporting entity
for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include
Congressional District, if known. Check the appropriate classification of the reporting entity that
designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the
subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are
not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name,
address, city, State and zip code of the prime Federal recipient. Include Congressional District,
if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least
one organizational level below agency name, if known. For example, Department of
Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known,
enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified
in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant
announcement number; the contract, grant, or loan award number; the application/proposal
control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount of the award/loan commitment for the prime entity identified
in item 4 or 5.
CDPH (rev. 12-21) Page 12 of 13
Page 21 of26
California Department of Public Health - Federal Terms and Ronditions Exhibit F
10.(a) Enter the full name, address, city, State and zip code of the lobbying registrant under the
Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to
influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if
different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11.The certifying official shall sign and date the form, print his/her name, title, and telephone
number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid
OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046. Public reporting burden for this collection
of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork
Reduction Project(0348-0046),Washington,DC 20503.
CDPH (rev. 12-21) Page 13 of 13
Page 22 of26
Exh ib it B
Contractor Certification Clauses
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am
duly authorized to legally bind the prospective Contractor to the clause(s) listed
below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
County of Fresno
By (Authorized Signature) ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,state of California
Pri to Na e a d Title of Person Signing Byjv� ,..6, Deputy
Sal Quintero, Chairman of the Board of Supervisors of the County of Fresno
Date Executed Executed in the County of
VZ2 /Z 5 Fresno
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, ph§6Xag
Page 23 of26
Exhibit B
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that
no more than one (1) final unappealable finding of contempt of court by a Federal court
has been issued against Contractor within the immediately preceding two-year period
because of Contractor's failure to comply with an order of a Federal court, which orders
Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract
Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment, materials, or
supplies furnished to the state pursuant to the contract have been laundered or produced
in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor,
or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweatfree
Code of Conduct as set forth on the California Department of Industrial Relations website
located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises if reasonably
Page 24 of26
Exhibit B
required by authorized officials of the contracting agency, the Department of Industrial
Relations, or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of$100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of$100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Page 25 of26
Exhibit B
Contractor affirms to comply with such provisions before commencing the performance of
the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies
with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued pursuant
to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing within
the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State
with a copy of a resolution, order, motion, or ordinance of the local governing body which
by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall
not be: (1) in violation of any order or resolution not subject to review promulgated by the
State Air Resources Board or an air pollution control district; (2) subject to cease and
desist order not subject to review issued pursuant to Section 13301 of the Water Code for
violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
Page 26 of26
EXHIBIT C-COMPENSATION Page 1 of 10
HEALTHY RETAIL
CALIFORNIA HEALTH COLLABORATIVE P.O.Box 25609,Fresno,Ca 93729
BUDGET#1-First Term
1 2025
1100: Personnel and Benefits
Annual Salary %FTE TOTAL SALARY Benefit Total Benefits
Administrative Position REQUESTED Rate
Line#
1101 Senior Director of Programs $ 95,000.00 0.10 9,500.00 30.00% $ 2,850.00
1102 Program Manager $ 66,000.00 0.50 33,000.00 30.00% $ 9,900.00
1103 Program Coordinator $ 50,000.00 1.00 50,000.00 30.00% $ 15,000.00
1104 Program Coordinator $ 50,000.00 1.00 50,000.00 30.00% $ 15,000.00
1105 Program Coordinator $ 50,000.00 1.00 50,000.00 30.00% $ 15,000.00
Total Personnel 192,500.00 $ 57,750.00
Total Personnel&Benefitsj $ 250,250.00
2000:Operational Expenses
Line# Line ItemDescription Amount
2001 General Office Supplies $ 2,160.00
2002 Printing $ 2,400.00
2003 Laptop for new staff $ 1,944.00
2004
2005
2006
Total Operational Expense $ 6,504.00
3000:Travel Expenses
Line# Line ItemDescription Amount
3001 Local travel to complete SOW activities $ 5,695.00
3002 Travel to CFHL Forum $ 2,182.49
3003 Trainings for Staff $ 3,391.60
3004
Total Travel Expense 1 $ 11,269.09
4000:Material Expenses
Line#I Line ItemDescription Amount
4001 Education Materials $ 1,500.00
4002 Food Demonstration Materials $ 8,000.00
4003 Event Materials $ 2,400.00
4004 Retail/Food Waste Prev PSE Materials $ 1,600.00
4005
4006
4007
Total Material Expense $ 13,500.00
4100:Building&Space Expense
Line#I Line ItemDescription Amount
4101 Rent/Lease Building $ 3,852.00
4102
4103
Total Building&Space Expense $ 3,852.00
4200:Maintenance Expense
Line# Line ItemDescription Amount
4201 Internet,it support,phones, $ 5,184.00
4202
4203
Total Maintenance Expense $ 5,184.00
Total Direct Costs $ 290,559.09
6001 Administrative(Indirect)Costs $ 43,583.86
TOTAL BUDGET $ 334,143 Budget not to exceed$334,143
Budget#1
EXHIBIT C-COMPENSATION Page 2 of 10
Narrative#1-First Term
Contractor Name: California Health Collaborative
Contractor Address: 1680 W Shaw Ave Fresno,CA 93711/PO Box 25609 Fresno,CA 93729(mailing address)
Contractor Phone Number: 559-246-0523
Contractor Contact Person Brandi Muro
Budget Term September 10,2024-September 30,2025
1100:Personnel and Benefits $
Line item Annual Salary FTE Amount Fringe Benefit
Requested 30%of salary Total Salary+Fringe Benefit
Line# (annual x FTE) requested
1101 Senior Director of Programs $ 95,000.00 0.10 $ 9,500.00 $2,850.00 $ 12,350.00
1102 Program Manager $ 66,000.00 0.50 $ 33,000.00 $9,900.00 $ 42,900.00
1103 Program Coordinator $ 50,000.00 1.00 $ 50,000.00 $15,000.00 $ 65,000.00
1104 Program Coordinator $ 50,000.00 1.00 $ 50,000.00 $15,000.00 $ 65,000.00
1105 Program Coordinator $ 50,000.00 1.00 $ 50,000.00 :15,000.00 $ 65,0010.00
$ 192 500.00 $57 750.00 250 2s0.00
Total Salary and Benefitsi$ 250,250.00
2000:0PERATIONAL EXPENSE
Line# Line item Amount Unit Cost CITY JUSTIFICATION
Requested
2001 General Office Supplies $ 2,160.00 $ 180.00 12 General office supplies-Pens pencils,paper products,desk supplies,postage,toner and ink etc. $50
2002 Printing $ 1,920.00 $ 200.00 12 Printing of materials and copy duplication for program activities$200 per month x 12 months
2003 Other:Laptop for new staff $ 1,944.00 $ 2,000.00 1 One laptop for new staff(laptop,carrying case software such as microsoft office and adobe pro
2004 $
2005 $
2006
3000:Travel Expenses
Line# Line item Amount Number of Miles Cost per Mile JUSTIFICATION
Requested
3001 Local travel to complete SOW activities $ 5,695.00 8500 0.67 Mileage to travel to retail locations for food demonstations,merchandizing,and events.Calculated at
3002 Travel to CFHL Forum $ 2,182.49 488.8 0.67 Mileage to travel to CFHL Forum held in Southern CA(usually Anaheim).(488.8 miles x 3FTE+200 per
3003 Trainings for Staff $ 3,391.60 80 0.67 Travel to local ToP Facitation Training and other appropriate trainings for returning staff(20 miles x 4
3004 $
4000:Material Expenses
Amount Unit Cost CITY JUSTIFICATION
Line# Line ltemDescription Requested
4001 Education Materials $ 1,500.00 $ 75.00 20 Approved healthy retail and health care strategy materials,curriculum,tool kits,etc $50 x 20 retail
4002 Food Demonstration Materials $ 8,000.00 $ 4.00 2000 At least 1 food demonstrations reaching 100 people per demo at each retail site 20 sites at$4 per
4003 Event Materials $ 2,400.00 $ 1,200.00 2 Materials fortwo Fruit and Veggie Fest events.Materials include:si na e,fliers,food demo items,
4004 Retail/Food Waste Prev PSE Materials $ 1,600.00 $ 200.00 4 Support for retail food waste prevention work with 4 retail sites $200 per site x 4 sites
4005
40" $
4007 $
4100:Building&Space Expense
Line# Amount
Line ltemDescription Requested Monthly Cost #of Months JUSTIFICATION
4101 Rent/Lease Building $ 3,852.00 $ 321.00 12 Shared offices ace for staff 1.1FTE x$292 per month x 5 months
4102 $
4103 $
4200:Maintenance Expense
Line# Amount
Line ltemDescription Requested Monthly Cost #of Months JUSTIFICATION
4201 Internet,it support,phones, $ 5,184.00 $ 432.00 12 Internet phones and IT support at$120 per FTE per month $120 x 3.61FTE x 12 months
4202 $
-4203 $
6000:Indirect Expenses
Line# Amount JUSTIFICATION
Line ltemDescription Reauested
6001 Administrative(Indirect)Costs $ 43 583.86
Narrative Year 1
EXHIBIT C-Compensation Page 3 of 10
HEALTHY RETAIL
CALIFORNIA HEALTH COLLABORATIVE P.O.Box 25609,Fresno,Ca 93729
BUDGET#2
October 1,2025-September 30,2026
1100: Personnel and Benefits
Annual Salary %FTE TOTAL Benefit Total Benefits
Administrative Position SALARY Rate
Line# REQUESTED
1101 Senior Director of Programs $ 97,850.00 0.10 9,785.00 30.00% $ 2,935.50
1102 Program Manager $ 67,980.00 0.50 33,990.00 30.00% $ 10,197.00
1103 Program Coordinator $ 51,500.00 1.00 51,500.00 30.00% $ 15,450.00
1104 Program Coordinator $ 51,500.00 1.00 51,500.00 30.00% $ 15,450.00
1105 Program Coordinator $ 51,500.00 1.00 51,500.00 30.00% $ 15,450.00
Total Personnel 198,275.00 $ 59,482.50
Total Personnel&Benefitsj $ 257,757.50
2000:Operational Expenses
Line# Line ItemDescription Amount
2001 General Office Supplies $ 1,296.00
2002 Printing $ 1,200.00
2003
2004
2005
2006
Total Operational Expense $ 2,496.00
3000:Travel Expenses
Line# Line ItemDescription Amount
3001 Local travel to complete SOW activities $ 5,441.74
3002 CFHL Forum $ 2,182.50
3003 ToP Facilitation Training $ 2,191.60
Healthy Retail and Food Waste Prevention
3004 and Recovery,CFHL staff training $ 82.00
Total Travel Expense $ 9,897.84
4000:Material Expenses
Line# Line ItemDescription Amount
4001 Education Materials $ 1,000.00
4002 Food Demonstration Materials $ 8,000.00
4003 Event Materials $ 1,172.00
4004 Retail/Food Waste Prev PSE Materials $ 1,200.00
4005
4006
4007
Total Material Expense $ 11,372.00
4100:Building&Space Expense
Line# Line ItemDescription Amount
4101 Rent/Lease Building $ 3,852.00
4102
4103
Total Building&Space Expense $ 3,852.00
4200:Maintenance Expense
Line# Line ItemDescription Amount
4201 Internet,it support,phones, $ 5,184.00
4202
4203
Total Maintenance Expense $ 5,184.00
Total Direct Costs $ 290,559.34
6001 Administrative(Indirect)Costs $ 43,583.90
TOTAL BUDGET $ 334,143
Budget#2
Page 4 of 10
Narrative#2-
Contract0r Name: California Health Collaborative
Contractor Address: 1680 W Shaw Ave Fresno,CA 93711/PO Box 25609 Fresno,CA 93729(mailing address)
Contractor Phone Number: 559-246-0523
Contractor Contact Person Brand,Muro
Budget Term October 1,2025-September 30,2026
1100:Personnel and Benefits $
Line item Annual Salary FTE Amount Fringe Benefit
Requested 30%of salary Total Salary+Fringe Benefit
Line# (annual x FTE) requested
1101 Senior Director of Programs $ 97,850.00 0.10 $ 9,785.00 $ 2,935.50 $12,720.50
1102 Program Manager $ 67,980.00 0.50 $ 33,990.00 $ 10,197.00 $44,187.00
1103 Program Coordinator $ 51,500.00 1.00 $ 51,500.00 $ 15,450.00 $66,950.00
1104 Program Coordinator $ 51,500.00 1.00 $ 51,500.00 $ 15,450.00 $66,950.00
1105 Program Coordinator I $ 51,500.00 1.00 $ 51,500.00 1$ 15,450.00 $66,950.00
$ 198 275.00 $s9 482.s0 $257 757.50
Total Salary and Benefitsi $257,757.50
P2000:OPERATIONAL EXPENSE
Line# Line item Amount Unit Cost CITY JUSTIFICATION
Requested
2001 General Office Supplies $ 1,296.00 108 12 General office supplies-Pens pencils,paper products,desk supplies,postage,toner and ink etc. $30
2002 Printing $ 1,200.00 100 12 Printing of materials and copy duplication for program activities $100 per month x 12 months
2003 $
2004 $
2005 $
2006
r
TravelExpenses
Line item NumberofMiles CostperMile JUSTIFICATION
01 Local travel to complete SOW activities $ 5,441.74 8122 0.67 Mileage to travel to retail locations for food demonstations,merchandizing,and events.Calculated at
3002 CFHL Forum $ 2,182.50 1466.4 0.67 Mileage to travel to CFHL Forum held in Southern CA(usually Anaheim).(488.8 miles x 3FTE+200 per
3003 Top Facilitation Training $ 2,191.60 61.11 0.67 Travel to local ToP Facitation Training and other appropriate trainings for returning staff(20 miles x 4 x
Healthy Retail and Food Waste $ 82.00 61.11 0.67 Mileage to travel to local Training(17 miles x 2 x 3.6FTE)
Prevention and Recovery,CFHL staff
3004 training
4000:Material Expenses
Amount Unit Cost CITY JUSTIFICATION
Line# Line ltemDescri tion Requested
4001 Education Materials $ 1,000 $ 75.00 20 Approved healthy retail and health care strategy materials curriculum tool kits etc $50 x 20 retail si
4002 Food Demonstration Materials $ 8,000 $ 4.00 2000 At least 1 food demonstrations reaching 100 people per demo at each retail site 20 sites at 4 per pe
4003 Event Materials $ 1,172 $ 586.00 2 Materials for two Fruit and Veggie Fest events.Materials include:si na a fliers food demo items ren
4004 Retail/Food Waste Prev PSE Materials $ 1,200 $ 300.00 4 Support for retail food waste prevention work with 4 retail sites 400 per site x 4 sites
4005 $
4006 $
4007 $
4100:Building&Space Expense
Line# Amount
Line ItemDescription Requested Monthly Cost #of Months JUSTIFICATION
4101 Rent/Lease Building 5 3,852.00 Shared offices ace for staff 1.1FTE x$292 per month x 12 months
4102 Other(Specify) $
4103 Other(Specify) $
4200:Maintenance Expense
Amount
Line# Line ItemDescription Requested Monthly Cost #of Months JUSTIFICATION
4201 Internet,it support,phones, $ 5,184.00 Internet phones and IT support at$120 per FTE per month $120 x 3.61FTE x 12 months
4202 Other(Specify) $
4203 Other(Specify) $
6000:Indirect Expenses
Line# Amount JUSTIFICATION
Line ItemDescription Reauested
6001 Administrative(Indirect)Costs $ 43 583.90 Funds for administrative support staff
Narrative Year 2
EXHIBIT C-Compensation Page 5 of 10
HEALTHY RETAIL
CALIFORNIA HEALTH COLLABORATIVE P.O.Box 25609,Fresno,Ca 93729
BUDGET#3
October 1,2026-September 30,2027
1100: Personnel and Benefits
Annual Salary %FTE TOTAL Benefit Total Benefits
Administrative Position SALARY Rate
Line# REQUESTED
1101 Senior Director of Programs $ 100,785.50 0.05 5,039.28 30.00% $ 1,511.78
1102 Program Manager $ 70,019.40 0.50 35,009.70 30.00% $ 10,502.91
1103 Program Coordinator $ 53,045.00 1.00 53,045.00 30.00% $ 15,913.50
1104 Program Coordinator $ 53,045.00 1.00 53,045.00 30.00% $ 15,913.50
1105 Program Coordinator $ 53,045.00 1.00 53,045.00 30.00% $ 15,913.50
Total Personnel 199,183.98 $ S9,75S.19
Total Personnel&Benefitsj $ 258,939.17
2000:Operational Expenses
Line# Line ItemDescription Amount
2001 General Office Supplies $ 1,854.00
2002 Printing $ 1,920.00
2003
2004
2005
2006
Total Operational Expense $ 3,774.00
3000:Travel Expenses
Line# Line ItemDescription Amount
3001 Local travel to complete SOW activities $ 5,441.74
3002 CFHL Forum $ 2,182.50
3003 ToP Training-Strategic Planning $ 82.00
Healthy Retail and Food Waste Prevention&
Recovery,local and regional stakeholder
3004 training $ 82.00
Total Travel Expense $ 7,788.24
4000:Material Expenses
Line# Line ItemDescription Amount
4001 Education Materials $ 1,000.00
4002 Food Demonstration Materials $ 8,000.00
4003 Event Materials $ 1,066.50
4004 Retail/Food Waste Prev PSE Materials $ 1,200.00
4005
4006
4007
Total Material Expense $ 11,266.50
4100:Building&Space Expense
Line# Line ItemDescription Amount
4101 Rent/Lease Building $ 3,679.20
4102
4103
Total Building&Space Expense $ 3,679.20
4200:Maintenance Expense
Line# Line ItemDescription Amount
4201 Internet,it support,phones, $ 5,112.00
4202
4203
Total Maintenance Expense $ 5,112.00
Total Direct Costs $ 290,559.11
6001 Administrative(Indirect)Costs $ 43,583.87
TOTAL BUDGET $ 334,143
Budget#3
Page 6 of 10
IM Narrative tf3-
Contractor Name: California Health I California Health Collaborative
Contractor Address: 11680 W Shaw Av 1680 W Shaw Ave Fresno,CA 93711/PO Box 25609 Fresno,CA 93729(mailing address)
Contractor Phone Number: 559-246-0523 559-246-0523
Contractor Contact Person I Brand!Muro Brandi Muro
Budget Term October 1,2026-September 30,202
1100:Personnel and Benefits $
Line item Annual Salary FIFE Amount Fringe Benefit
Requested 30%of salary Total Salary Fringe Benefit
Line# (annual x FTE) reauested
1101 Senior Director of Programs $ 100,785.50 0.05 $ 5,039.28 $ 1,511.78 $6,551.06
1102 Program Manager $ 70,019.40 0.50 $ 35,009.70 $ 10,502.91 $45,512.61
1103 Program Coordinator $ 53,045.00 1.00 $ 53,045.00 $ 15,913.50 $68,958.50
1104 Program Coordinator $ 53,045.00 1.00 $ 53,045.00 $ 15,913.50 $68,958.50
1105 Program Coordinator $ 53,045.00 1.00 $ 53,045.00 $ 15,913.50 $68,958.50
$ 199 183.98 $ 59 755.19 $258 939.17
Total Salary and Benefitsi $258,939.17
2000:0PERATIONAL EXPENSE
Amount Unit Cost CITY
ne# Line item Requested JUSTIFICATION Li
2001 General Office Supplies $ 1,854.00 $ 43.52 12
2002 Printing $ 1,920.00 $ 160.00 12
2003 $
2004 $
2005 $
2006
3000:Travel Expenses
Line# Line item Amount LftmberofMiles CostperMile JUSTIFICATION
Reauested
3001 Local travel to complete sow activities $ 5,441.74 $ 0.670 Mileage to travel to retail locations for food demonstations,merchandizing,and events.Calculated at
3002 CFHL FORUM $ 2,182.50 $ 0.670 Mileage to travel to CFHL Forum held in Southern CA(usually Anaheim).(488.8 milesx3FTE+182 per
3003 ToP Training $ 82 $ 0.670 Mileage to travel to local TOP Facitation Training(17 miles x 3.6FTE)
3004 stafftraining $ 82 $ 0.670 Mileage to travel to local Training(17 miles x 2 x 3.6FTE)
4000:Material Expenses
Amount Unit Cost CITY JUSTIFICATION
Line# Line ltemDescri tion Reauested
4001 Education Materials $ 1,000 $ 50.00 205 Approved healthy retail and health care strategy materials curriculum tool kits etc 50 x 20 retail si
4002 Food Demonstration Materials $ 81000 $ 4.00 2000 At least 1 food demonstrations reaching 100 people per demo at each retail site 20 sites at$4 per pe
4003 Event Materials $ 1,067 $ 533.25 2 Materials for two Fruit and VeRgie Fest events.Materials include:si na a fliers food demo items ren
4004 Retail/Food Waste Prev PSE Materials $ 1,200 $ 300.00 4 Support for retail food waste prevention work with 4 retail sites $300 per site x 4 sites
4005 Other(Spec!fy) $
4006 Other(Specify) $
4007 FOther(Speclfy) $
4100:Building&Space Expense
Line p Amount
Line ltemDescri tion Reauested Monthly Cost #of Months JUSTIFICATION
4101 Rent/Lease Building $ 3,679.20 Shared offices ace for staff 1.05FTE x 292 per month x 12 months
4102 Other(Specify) $
4103 Other(Specify)
4200:Maintenance Expense
Line p Amount
Line ItemDescription Requested Monthly Cost #of Months JUSTIFICATION
4201 Internet,it support,phones, $ 5,112.00 Internet hones and IT support at 120 per FTE per month 120 x 3.55FTE x 12 months
4202 Other(Specify) $
4203 Other(Specify)
6000:Indirect Expenses
Line# Amount JUSTIFICATION
Line ltemDescri tion Reauested
6001 Administrative(Indirect)Costs 43 583.87
Narrative Year 3
EXHIBIT C-Compensation Page 7 of 10
HEALTHY RETAIL
CALIFORNIA HEALTH COLLABORATIVE P.O.Box 25609,Fresno,Ca 93729
BUDGET EXTENSION PERIOD I
October 1,2027-September 30,2028
1100: Personnel and Benefits
Line# Administrative Position Annual Salary %FTE TOTAL Benefit Total Benefits
1101 Senior Director of Programs $ 100,785.50 0.05 5,039.28 30.00% $ 1,511.78
1102 Program Manager $ 70,019.40 0.50 35,009.70 30.00% $ 10,502.91
1103 Program Coordinator $ 53,045.00 1.00 53,045.00 30.00% $ 15,913.50
1104 Program Coordinator $ 53,045.00 1.00 53,045.00 30.00% $ 15,913.50
1105 Program Coordinator $ 53,045.00 1.00 53,045.00 30.00% $ 15,913.50
Total Personnel 199,183.98 $ 59,755.19
Total Personnel&Benefitsj $ 258,939.17
2000:Operational Expenses
Line# Line ItemDescription Amount
2001 General Office Supplies $ 1,704.00
2002 Printing $ 1,200.00
2003 Other(Specify)
2004 Other(Specify)
2005 Other(Specify)
2006 Other(Specify)
Total Operational Expense $ 2,904.00
3000:Travel Expenses
Line# Line ItemDescription Amount
3001 Local travel to complete SOW activities $ 5,320.00
3002 Forum $ 2,182.50
Total Travel Expense $ 7,502.50
4000:Material Expenses
Line# Line ItemDescription Amount
4001 Education Materials $ 1,000.00
4002 Food Demonstration Materials $ 8,000.00
4003 Event Materials $ 1,100.00
4004 Retail/Food Waste Prev PSE Materials $ 1,122.00
4005 Training for retail sites on Food Waste Pre $ 1,200.00
4006 Other(Specify)
4007 Other(Specify)
Total Material Expense $ 12,422.00
4100:Building&Space Expense
Line# Line ItemDescription Amount
4101 Rent/Lease Building $ 3,679.20
4102 Other(Specify)
4103 Other(Specify)
Total Building&Space Expense $ 3,679.20
4200:Maintenance Expense
Line# Line ItemDescription Amount
4201 Internet,it support,phones, $ 5,112.00
4202 Other(Specify)
4203 Other(Specify)
Total Maintenance Expense $ 5,112.00
Total Direct Costs $ 290,558.87
6001 Administrative(Indirect)Costs $ 43,583.83
TOTAL BUDGET $ 334,143
Budget#4 Extension I
Page 8 of 10
Contractor Name: California Health Collaborative
Contractor Address: 1680 W Shaw Ave Fresno,CA 93711/PO Box 25609 Fresno,CA 93729(mailing address)
Contractor Phone Number: 559-246-0523
Contractor Contact Person Branch Muro
Budget Term October 1,2027-September 30,2028
1100:Personnel and Benefits $
Line item Amount Months Time Annual Salary
Requested JUSTIFICATION
Line#
1101 Senior Director of Programs S 5,039.28 12 0.05 $ 100,785.50 Responisble for overall management of the contract
$ 35,009.70 12 0.5 $ 70,019.40 Supervise staff and assist Director,develop relationships with key partners
1102 Program Manager
1103 Program Coordinator $ 53,045.00 12 1 $ 53,045.00 Implement program objectives
1104 Program Coordinator $ 53,045.00 12 1 $ 53,045.00 Implement program objectives
1105 Program Coordinator S 53,045.00 12 1 $ 53,045.00 Implement program objectives
Fringe benefits 59 755.19 3091 of total personnel costs
2000:0PERATIONAL EXPENSE
Line# Line item Amount Unit Cost CITY JUSTIFICATION
Requested
2001 General Office Supplies $ 1,704.00 $ 142.00 $ 12.00 General office supplies-Pens,pencils,paper products,desk supplies,postage,toner and ink,etc. $40
2002 Printing $ 1,200.00 $ 100.00 $ 12.00 Printing of materials and copy duplication for program activities $100 per month x 12 months
2003 Other(Specify)
2004 Other(Specify) $
2005 Other(Specify) $
0006 1 Other(Specify)
3000:Travel&Training Expenses
Line# Line item Amount Number of Miles Cost per Mile JUSTIFICATION
Reauested
3001 Local travel to complete SOW activities $ 5,320 $ 7,940 $ 0.67 Mileage to travel to retail locations for food demonstations,merchandizing,and events.Calculated at
3002 CFHL Forum $ 2,182.50 $ 1,466 $ 0.67 Mileage to travel to CFHL Forum held in Southern CA(usually Anaheim).(488.8 miles x 3FTE+182 per
4000:Material Expenses
Amount Unit Cost CITY JUSTIFICATION
Line# Line ltemDescri tion Reauested
4001 Education Materials $ 1,000 $ 50.00 20 Approved healthy retail and health care strategy materials curriculum tool kits etc 50 x 20 retail sit
4002 Food Demonstration Materials $ 8,000 $ 4.00 2000 At least 1 food demonstrations reaching 100 people per demo at each retail site at$4 per person per f
4003 Event Materials $ 1,100 $ 550.00 2 Materials for two Fruit and Veggie Fest events.Materials include:si na a fliers food demo items ren
4004 Retail/Food Waste Prev PSE Materials $ 1,122 $ 280.50 4 Support for retail food waste prevention work with 4 retail sites $300 per site x 4 sites
4005 Training on Food Waste Prevention $ 1,200 $ 300 $ 4
4006 Other(Specify) $
4007 Other(Specify) $
4100:Building&Space Expense
Line# Amount
Line ltemDescri tion Reauested Monthly Cost #of Months JUSTIFICATION
4101 Rent/Lease Building $ 3,679.20 Shared offices ace for staff 1.05FTE x 292 per month x 12 months
4102 Other(Specify) $
4103 Other(Specify)
4200:Maintenance Expense
Line# Amount Monthly Cost #of Months JUSTIFICATION
Line ItemDescription Requested
4201 Internet,it support,phones, $ 5,112.00 Internet hones and IT support at 120 per FTE per month 120 x 3.48FTE x 12 months
4202 Other(Specify) S
4203 Other(Specify)
6000:Indirect Expenses
Line# Amount JUSTIFICATION
Line ltemDescri tion Reauested
6001 Administrative(Indirect)Costs 43 583.83 Funds for administrative staff support
Narrative#4
EXHIBIT C-Compensation Page 9 of 10
HEALTHY RETAIL
CALIFORNIA HEALTH COLLABORATIVE P.O.Box 25609,Fresno,Ca 93729
BUDGET • •D 11
October 1 2028- Sept mber 30 2029
1100: Personnel and Benefits
Line# Administrative Position Annual Salary %FTE TOTAL Benefit Total Benefits
1101 Senior Director of Programs $ 103,809.10 0.03 3,114.27 30.00% $ 934.28
1102 Program Manager $ 72,120.00 0.45 32,454.00 30.00% $ 9,736.20
1103 Program Coordinator $ 54,636.40 1.00 54,636.40 30.00% $ 16,390.92
1104 Program Coordinator $ 54,636.40 1.00 54,636.40 30.00% $ 16,390.92
1105 Program Coordinator $ 54,636.40 1.00 54,636.40 30.00% $ 16,390.92
Total Personnel 199,477.47 $ 59,843.24
Total Personnel&Benefitsj $ 259,320.71
2000:Operational Expenses
Line# Line ItemDescription Amount
2001 General Office Supplies $ 1,670.40
2002 Printing $ 1,200.00
2003
2004
2005
2006
Total Operational Expense $ 2,870.40
3000:TravelExpenses
Line# Line ItemDescription Amount
3001 Local travel to complete SOW activities $ 5,320.00
3002 Conferences/Trainings $ 2,182.50
Total Travel Expense $ 7,502.50
4000:Material Expenses
Line# Line ItemDescription Amount
4001 Education Materials $ 1,000.00
4002 Food Demonstration Materials $ 8,000.00
4003 Event Materials $ 1,575.50
4004 Retail/Food Waste Prev PSE Materials $ 1,600.00
4005
4006
4007
Total Material Expense $ 12,175.50
4100:Building&Space Expense
Line# Line ItemDescription Amount
4101 Rent/Lease Building $ 3,679.20
4102
4103
Total Building&Space Expense $ 3,679.20
4200:Maintenance Expense
Line# Line ItemDescription Amount
4201 Internet,it support,phones, $ 5,011.20
4202
4203
Total Maintenance Expense $ 5,011.20
Total Direct Costs $ 290pS59.51
6001 Administrative(Indirect)Costs $ 43,583.93
TOTAL BUDGET $ 334,143
Budget#5 Extension 11
EXHIBIT C- Page 10 of 10
Contractor Name: California Health Collaborative
Contractor Address: 1680 W Shaw Ave Fresno,CA 93711/PO Box 25609 Fresno,CA 93729
Contractor Phone Number: 559-246-0523
Contractor Contact Person Branch Muro
Budget Term October 1,2028-September 30,2029
1200:Personnel and Benefits $
Line item Amount Months Time Annual salary
Line# I Requested JUSTIFICATION
1101 Senior Director of Programs $ 3,114.27 12 0.03 $ 103,809.10 Responisble for overall management of the contract
$ 32,454.00 12 0.45 $ 72,120.00 Supervise staff and assist Director,develop relationships with key partners
1102 Program Manager
1103 Program Coordinator $ 54,636.40 12 1 $ 54,636.40 Implement program obiectives
1104 Program Coordinator $ 54,636.40 12 1 $ 54,636.40 Implement program objectives
1105 Program Coordinator $ 54,636.40 12 1 $ 54,636.40 Implement program obiectives
Fringe benefits $ 59 843.24 3011 of total personnel costs
2000:0PERATIONAL EXPENSE
Line# Line item Amount Unit Cost CITY JUSTIFICATION
Requested
2001 General Office Supplies $ 1,670.40 $ 139.20 $ 12.00 General office supplies-Pens,pencils,paper products,desk supplies,postage,toner and ink,etc. $40
2002 Printing $ 1,200.00 $ 100.00 $ 12.00 Printing of materials and copy duplication for program activities $100 per month x 12 months
i
Other(Specify)
Other(Specify)Other(Specify)I Other(Specify) $
3000:Travel&Training Expenses
Line# Line item Amount Number of Miles Cost per Mile JUSTIFICATION
Requested
3001 Local travel to complete SOW activities $ 5,320 Mileage to travel to retail locations for food demonstations,merchandizing,and events.Calculated at
3002 CFHL Forum $ 2,183 Mileage to travel to CFHL Forum held in Southern CA(usually Anaheim).(488.8 miles x 3FTE+200 per
4000:Material Expenses
Amount Unit Cost QTY JUSTIFICATION
Line# Line ltemDescription Requested
4001 Education Materials $ 1,000 $ 50.00 20 Approved healthy retail and health care strategy materials curriculum tool kits etc 50 x 20 retail si
4002 Food Demonstration Materials $ 8,000 $ 4.00 2000 At least 1 food demonstrations reaching 100 people per demo at each retail site 20 sites at$4 per pe
4003 Event Materials $ 1,576 $ 835.20 2 Materials for two Fruit and Veggie Fest events.Materials include:si na a fliers food demo items ren
4004 Retail/Food Waste Prev PSE Materials $ 1,600 $ 400.00 4 Support for retail food waste prevention work with 4 retail sites $400 per site x 4 sites
4005 Other(Specify) $
4006 Other(Specify) $
4007[Other(Specify) $
4100:Building&Space Expense
Line# Line ItemDescri tion Amount Requested Monthly Cost #of Months JUSTIFICATION
4101 Rent/Lease Building $ 3,679.20 Shared offices ace for staff 1.05FTE x 292 per month x 12 months
4102 Other(Specify) $
4103 Other(Specify)
4200:Maintenance Expense
Line# Amount
Line ltemDescription Requested Monthly Cost #of Months JUSTIFICATION
4201 Internet,it support,phones, $ 5,011.20 Internet hones and IT support at 120 per FTE per month 120 x 3.48FTE x 12 months
4202 Other(Specify) $
4203 Other(Specify)
6000:Indirect Expenses
Line# Amount JUSTIFICATION
Line ltemDescription Requested
6001 Administrative(Indirect)Costs 43 583.87 Funds for administrative staff support
Narrative#5
Exhibit "D"
Health Insurance Portability and Accountability Act (HIPAA)
1. The County is a "Covered Entity," and the Contractor is a "Business Associate,"
as these terms are defined by 45 CFR 160.103. In connection with providing services under the
Agreement, the parties anticipate that the Contractor will create and/or receive Protected Health
Information ("PHI") from or on behalf of the County. The parties enter into this Business
Associate Agreement (BAA) to comply with the Business Associate requirements of HIPAA, to
govern the use and disclosures of PHI under this Agreement. "HIPAA Rules" shall mean the
Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Parts 160 and 164.
The parties to this Agreement shall be in strict conformance with all applicable federal
and State of California laws and regulations, including, but not limited to California Welfare and
Institutions Code sections 5328, 10850, and 14100.2 et seq.; 42 CFR 2; 42 CFR 431; California
Civil Code section 56 et seq.; the Health Insurance Portability and Accountability Act of 1996, as
amended ("HIPAA"), including, but not limited to, 45 CFR Parts160, 45 CFR 162, and 45 CFR
164; the Health Information Technology for Economic and Clinical Health Act ("HITECH")
regarding the confidentiality and security of patient information, including, but not limited to 42
USC 17901 et seq.; and the Genetic Information Nondiscrimination Act ("GINA") of 2008
regarding the confidentiality of genetic information.
Except as otherwise provided in this Agreement, the Contractor, as a business associate
of the County, may use or disclose Protected Health Information ("PHI") to perform functions,
activities or services for or on behalf of the County, as specified in this Agreement, provided that
such use or disclosure shall not violate HIPAA Rules. The uses and disclosures of PHI may not
be more expansive than those applicable to the County, as the "Covered Entity" under the
HIPAA Rules, except as authorized for management, administrative or legal responsibilities of
the Contractor.
2. The Contractor, including its subcontractors and employees, shall protect from
unauthorized access, use, or disclosure of names and other identifying information, including
genetic information, concerning persons receiving services pursuant to this Agreement, except
where permitted in order to carry out data aggregation purposes for health care operations [45
CFR §§ 164.504(e)(2)(i), 164.504(e)(2)(ii)(A), and 164.504(e)(4)(i)]. This pertains to any and all
G-1
Exhibit "D"
Health Insurance Portability and Accountability Act (HIPAA)
persons receiving services pursuant to a County-funded program. This requirement applies to
electronic PHI. The Contractor shall not use such identifying information or genetic information
for any purpose other than carrying out the Contractor's obligations under this Agreement.
3. The Contractor, including its subcontractors and employees, shall not disclose
any such identifying information or genetic information to any person or entity, except as
otherwise specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164
or other law, required by the Secretary of the United States Department of Health and Human
Services ("Secretary"), or authorized by the client/patient in writing. In using or disclosing PHI
that is permitted by this Agreement or authorized by law, the Contractor shall make reasonable
efforts to limit PHI to the minimum necessary to accomplish intended purpose of use, disclosure
or request.
4. For purposes of the above sections, identifying information shall include, but not
be limited to, name, identifying number, symbol, or other identifying particular assigned to the
individual, such as fingerprint or voiceprint, or photograph.
5. For purposes of the above sections, genetic information shall include genetic
tests of family members of an individual or individual(s), manifestation of disease or disorder of
family members of an individual, or any request for or receipt of genetic services by individual or
family members. Family member means a dependent or any person who is first, second, third,
or fourth degree relative.
6. The Contractor shall provide access, at the request of the County, and in the time
and manner designated by the County, to PHI in a designated record set (as defined in 45 CFR
§ 164.501), to an individual or to COUNTY in order to meet the requirements of 45 CFR §
164.524 regarding access by individuals to their PHI. With respect to individual requests,
access shall be provided within thirty (30) days from request. Access may be extended if the
Contractor cannot provide access and provides the individual with the reasons for the delay and
the date when access may be granted. PHI shall be provided in the form and format requested
by the individual or the County.
The Contractor shall make any amendment(s) to PHI in a designated record set at the
G-2
Exhibit "D"
Health Insurance Portability and Accountability Act (HIPAA)
request of the County or individual, and in the time and manner designated by the County in
accordance with 45 CFR § 164.526.
The Contractor shall provide to the County or to an individual, in a time and manner
designated by the County, information collected in accordance with 45 CFR § 164.528, to permit
the County to respond to a request by the individual for an accounting of disclosures of PHI in
accordance with 45 CFR § 164.528.
7. The Contractor shall report to the County, in writing, any knowledge or
reasonable belief that there has been unauthorized access, viewing, use, disclosure, security
incident, or breach of unsecured PHI not permitted by this Agreement of which the Contractor
becomes aware, immediately and without reasonable delay and in no case later than two (2)
business days of discovery. Immediate notification shall be made to the County's Information
Security Officer and Privacy Officer and the County's Department of Public Health ("DPH")
HIPAA Representative, within two (2) business days of discovery. The notification shall include,
to the extent possible, the identification of each individual whose unsecured PHI has been, or is
reasonably believed to have been, accessed, acquired, used, disclosed, or breached. The
Contractor shall take prompt corrective action to cure any deficiencies and any action pertaining
to such unauthorized disclosure required by applicable federal and State laws and regulations.
The Contractor shall investigate such breach and is responsible for all notifications required by
law and regulation or deemed necessary by the County and shall provide a written report of the
investigation and reporting required to the County's Information Security Officer and Privacy
Officer and the County's DPH HIPAA Representative.
This written investigation and description of any reporting necessary shall be
postmarked within the thirty (30)working days of the discovery of the breach to the addresses
below:
County of Fresno County of Fresno County of Fresno
Department of Public Health Department of Public Health Department of Internal
HIPAA Representative Privacy Officer Services
(559) 600-6439 (559) 600-6403 Information Security Officer
P.O. Box 11867 P.O. Box 11867 (559) 600-5800
Fresno, California 93775 Fresno, California 93775 333 W. Pontiac Way
Clovis, California 93612
G-3
Exhibit "D"
Health Insurance Portability and Accountability Act (HIPAA)
8. The Contractor shall make its internal practices, books, and records relating to
the use and disclosure of PHI received from the County or created or received by the Contractor
on behalf of the County, in compliance with HIPAA's Privacy Rule, including, but not limited to
the requirements set forth in Title 45, CFR, Sections 160 and 164. The Contractor shall make
its internal practices, books, and records relating to the use and disclosure of PHI received from
the County or created or received by the Contractor on behalf of the County, available to the
Secretary upon demand.
The Contractor shall cooperate with the compliance and investigation reviews conducted
by the Secretary. PHI access to the Secretary must be provided during the Contractor's normal
business hours; however, upon exigent circumstances access at any time must be granted.
Upon the Secretary's compliance or investigation review, if PHI is unavailable to the Contractor
and in possession of a subcontractor of the Contractor, the Contractor must certify to the
Secretary its efforts to obtain the information from the subcontractor.
9. Safeguards
The Contractor shall implement administrative, physical, and technical safeguards as
required by the HIPAA Security Rule, Subpart C of 45 CFR Part 164, that reasonably and
appropriately protect the confidentiality, integrity, and availability of PHI, including electronic
PHI, that it creates, receives, maintains or transmits on behalf of the County and to prevent
unauthorized access, viewing, use, disclosure, or breach of PHI other than as provided for by
this Agreement. The Contractor shall conduct an accurate and thorough assessment of the
potential risks and vulnerabilities to the confidentiality, integrity, and availability of electronic
PHI. The Contractor shall develop and maintain a written information privacy and security
program that includes administrative, technical, and physical safeguards appropriate to the size
and complexity of the Contractor's operations and the nature and scope of its activities. Upon
the County's request, the Contractor shall provide the County with information concerning such
safeguards.
The Contractor shall implement strong access controls and other security safeguards
and precautions in order to restrict logical and physical access to confidential, personal (e.g.,
G-4
Exhibit "D"
Health Insurance Portability and Accountability Act (HIPAA)
PHI) or sensitive data to authorized users only. Said safeguards and precautions shall include
the following administrative and technical password controls for all systems used to process or
store confidential, personal, or sensitive data:
A. Passwords must not be:
(1) Shared or written down where they are accessible or recognizable by anyone
else; such as taped to computer screens, stored under keyboards, or visible
in a work area;
(2) A dictionary word; or
(3) Stored in clear text
B. Passwords must be:
(1) Eight (8) characters or more in length;
(2) Changed every ninety (90) days;
(3) Changed immediately if revealed or compromised; and
(4) Composed of characters from at least three (3) of the following four (4)
groups from the standard keyboard:
a) Upper case letters (A-Z);
b) Lowercase letters (a-z);
c) Arabic numerals (0 through 9); and
d) Non-alphanumeric characters (punctuation symbols).
The Contractor shall implement the following security controls on each workstation or
portable computing device (e.g., laptop computer) containing confidential, personal, or sensitive
data:
1. Network-based firewall and/or personal firewall;
2. Continuously updated anti-virus software; and
3. Patch management process including installation of all operating system/software
vendor security patches.
The Contractor shall utilize a commercial encryption solution that has received FIPS
140-2 validation to encrypt all confidential, personal, or sensitive data stored on portable
G-5
Exhibit "D"
Health Insurance Portability and Accountability Act (HIPAA)
electronic media (including, but not limited to, compact disks and thumb drives) and on portable
computing devices (including, but not limited to, laptop and notebook computers).
The Contractor shall not transmit confidential, personal, or sensitive data via e-mail or
other internet transport protocol unless the data is encrypted by a solution that has been
validated by the National Institute of Standards and Technology (NIST) as conforming to the
Advanced Encryption Standard (AES) Algorithm. The Contractor must apply appropriate
sanctions against its employees who fail to comply with these safeguards. The Contractor must
adopt procedures for terminating access to PHI when employment of employee ends.
10. Mitigation of Harmful Effects
The Contractor shall mitigate, to the extent practicable, any harmful effect that is
suspected or known to the Contractor of an unauthorized access, viewing, use, disclosure, or
breach of PHI by the Contractor or its subcontractors in violation of the requirements of these
provisions. The Contractor must document suspected or known harmful effects and the
outcome.
11. The Contractor's Subcontractors
The Contractor shall ensure that any of its contractors, including subcontractors, if
applicable, to whom the Contractor provides PHI received from or created or received by the
Contractor on behalf of the County, agree to the same restrictions, safeguards, and conditions
that apply to the Contractor with respect to such PHI and to incorporate, when applicable, the
relevant provisions of these provisions into each subcontract or sub-award to such agents or
subcontractors.
Nothing in this section 11 or this Exhibit D authorizes the Contractor to perform services
under this Agreement using subcontractors.
12. Employee Training and Discipline
The Contractor shall train and use reasonable measures to ensure compliance with the
requirements of these provisions by employees who assist in the performance of functions or
activities on behalf of the County under this Agreement and use or disclose PHI, and discipline
such employees who intentionally violate any provisions of these provisions, which may include
G-6
Exhibit "D"
Health Insurance Portability and Accountability Act (HIPAA)
termination of employment.
13. Termination for Cause
Upon the County's knowledge of a material breach of these provisions by the Contractor,
the County will either:
A. Provide an opportunity for the Contractor to cure the breach or end the
violation, and the County may terminate this Agreement if the Contractor does not cure the
breach or end the violation within the time specified by the County; or
B. Immediately terminate this Agreement if the Contractor has breached a
material term of this Exhibit G and cure is not possible, as determined by the County.
C. If neither cure nor termination is feasible, the County's Privacy Officer will
report the violation to the Secretary of the U.S. Department of Health and Human Services.
14. Judicial or Administrative Proceedings
The County may terminate this Agreement if: (1) the Contractor is found guilty in a
criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or
(2) there is a finding or stipulation in an administrative or civil proceeding in which the Contractor
is a party that the Contractor has violated a privacy or security standard or requirement of the
HITECH Act, HIPAA or other security or privacy laws.
15. Effect of Termination
Upon termination or expiration of this Agreement for any reason, the Contractor shall
return or destroy all PHI received from the County (or created or received by the Contractor on
behalf of the County) that the Contractor still maintains in any form, and shall retain no copies of
such PHI. If return or destruction of PHI is not feasible, the Contractor shall continue to extend
the protections of these provisions to such information, and limit further use of such PHI to those
purposes that make the return or destruction of such PHI infeasible. This provision applies to
PHI that is in the possession of subcontractors or agents, if applicable, of the Contractor. If the
Contractor destroys the PHI data, a certification of date and time of destruction shall be
provided to the County by the Contractor.
16. Compliance with Other Laws
G-7
Exhibit "D"
Health Insurance Portability and Accountability Act (HIPAA)
To the extent that other state and/or federal laws provide additional, stricter and/or more
protective privacy and/or security protections to PHI or other confidential information covered
under this BAA, the Contractor agrees to comply with the more protective of the privacy and
security standards set forth in the applicable state or federal laws to the extent such standards
provide a greater degree of protection and security than HIPAA Rules or are otherwise more
favorable to the individual.
17. Disclaimer
The County makes no warranty or representation that compliance by the Contractor with
these provisions, the HITECH Act, or the HIPAA Rules, will be adequate or satisfactory for the
Contractor's own purposes or that any information in the Contractor's possession or control, or
transmitted or received by the Contractor, is or will be secure from unauthorized access,
viewing, use, disclosure, or breach. The Contractor is solely responsible for all decisions made
by the Contractor regarding the safeguarding of PHI.
18. Amendment
The parties acknowledge that Federal and State laws relating to electronic data security
and privacy are rapidly evolving and that amendment of this Exhibit D may be required to
provide for procedures to ensure compliance with such developments. The parties specifically
agree to take such action as is necessary to amend this agreement in order to implement the
standards and requirements of the HIPAA Rules, the HITECH Act and other applicable laws
relating to the security or privacy of PHI. The County may terminate this Agreement upon thirty
(30) days written notice in the event that the Contractor does not enter into an amendment
providing assurances regarding the safeguarding of PHI that the County in its sole discretion,
deems sufficient to satisfy the standards and requirements of the HIPAA Rules, and the
HITECH Act.
19. No Third-Party Beneficiaries
Nothing expressed or implied in the provisions of this Exhibit D is intended to confer, and
nothing in this Exhibit G does confer, upon any person other than the County or the Contractor
and their respective successors or assignees, any rights, remedies, obligations or liabilities
G-8
Exhibit "D"
Health Insurance Portability and Accountability Act (HIPAA)
whatsoever.
20. Interpretation
The provisions of this Exhibit D shall be interpreted as broadly as necessary to
implement and comply with the HIPAA Rules, and applicable State laws. The parties agree that
any ambiguity in the terms and conditions of these provisions shall be resolved in favor of a
meaning that complies and is consistent with the HIPAA Rules.
21. Regulatory References
A reference in the terms and conditions of these provisions to a section in the HIPAA
Rules means the section as in effect or as amended.
22. Survival
The respective rights and obligations of the Contractor as stated in this Exhibit G survive
the termination or expiration of this Agreement.
23. No Waiver of Obligation
Change, waiver or discharge by the County of any liability or obligation of the Contractor
under this Exhibit G on any one or more occasions is not a waiver of performance of any
continuing or other obligation of the Contractor and does not prohibit enforcement by the County
of any obligation on any other occasion.
G-9
EXHIBIT E
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.
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,
DPHContracts@fresnocountyca.gov, certificates of insurance and endorsements for all
of the coverages required under this Agreement.
Page 1 of 3
EXHIBIT E
Insurance Requirements
(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.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under 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: VII.
(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.
Page 2 of 3
EXHIBIT E
Insurance Requirements
(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
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.
Page 3 of 3
Exhibit F
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).
F-1
Exhibit F
(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:
F-2