HomeMy WebLinkAboutAgreement A-19-447 with Fresno EOC.pdf-1-
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A G R E E M E N T
THIS AGREEMENT is made and entered into this 10th day of September, 2019, by and
between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to
as "COUNTY", and Fresno County Economic Opportunities Commission, DBA Fresno EOC, a non-profit
501(c)3 organization, whose address is 1920 Mariposa Street, Suite 300, Fresno, California, 93721,
hereinafter referred to as "CONTRACTOR".
W I T N E S S E T H:
WHEREAS, COUNTY, through its Department of Public Health (Department), is in need of a
qualified vendor to implement a policy, system and/or environmental (PSE) change Community Action
Model (CAM) project to work on a policy that designates 100% of multi-unit housing complexes,
including balconies and patios, located in the City of Fresno smoke-free; and
WHEREAS, COUNTY, is in need of a qualified vendor to conduct community-led primary and
secondary research; and
WHEREAS, COUNTY, is in need of a qualified vendor to conduct community organizing; and
WHEREAS, COUNTY, is in need of a qualified vendor to provide community health education and
outreach; and
WHEREAS, COUNTY has issued Request for Proposal (RFP) No. 19-072 dated April 19, 2019,
Addendum No. One (1) to COUNTY’s RFP No. 19-072 dated April 19, 2019, and Addendum No. Two (2) to
COUNTY’s RFP No. 19-072 dated May 15, 2019, thereto (collectively referred to herein as COUNTY’s
Revised RFP), for the above stated services; and
WHEREAS, CONTRACTOR, submitted a Proposal in response to the Revised RFP; and
WHEREAS, the COUNTY has evaluated the CONTRACTOR’s Proposal in response to the Revised
RFP and has determined the CONTRACTOR to be a responsive, responsible bidder whose Proposal
meets the COUNTY’s needs.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties hereto agree as follows:
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Agreement No. 19-447
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1. OBLIGATIONS OF THE CONTRACTOR
A. CONTRACTOR shall perform all services and fulfill all responsibilities identified in
Exhibit A (Fresno County Economic Opportunities Commission CAM Scope of Work), attached hereto
and by this reference incorporated herein.
B. CONTRACTOR shall work to maintain an open and cooperative relationship with
the Department’s Tobacco Prevention Program (TPP) staff, community partners, and the program
evaluator, Central Valley Health Policy Institute.
2. OBLIGATIONS OF THE COUNTY
A. COUNTY shall perform all services and fulfill all responsibilities identified in Exhibit
A, attached hereto and by this reference incorporated herein.
B. COUNTY will provide extensive technical assistance and train the funded
organization(s) and community advocates to achieve their identified goals and create sustainable
change.
C. COUNTY will utilize experts in the field to provide partner trainings whenever
possible.
3. TERM
The term of this Agreement shall be effective upon execution through and including June
30, 2021.
4. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice. Funding for
these services is provided by the California Department of Public Health California Tobacco Control
Program Proposition 99 and Proposition 56 funds.
B. Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
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1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to the COUNTY;
4) Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund
any such funds upon demand.
C. Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
intention to terminate to CONTRACTOR.
5. COMPENSATION
COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation at the rates as identified in Exhibit B, attached hereto and incorporated herein by this
reference. In no event shall actual services performed under this Agreement for the period beginning upon
execution of this Agreement through and including June 30, 2020 be in excess of One Hundred Thousand
Dollars and No/100 ($100,000). In no event shall actual services performed under this Agreement
beginning July 1, 2020 through and including June 30, 2021 be in excess of One Hundred Thousand
Dollars and No/100 ($100,000). It is understood that all expenses incidental to CONTRACTOR'S
performance of services under this Agreement shall be borne by CONTRACTOR.
A. Payments by COUNTY shall be in arrears, for services provided during the
preceding month, within forty-five (45) days after receipt and verification of CONTRACTOR’s invoices by
COUNTY’s Department of Public Health. If CONTRACTOR should fail to comply with any provision of this
Agreement, COUNTY shall be relieved of its obligation for further compensation.
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B. COUNTY shall not be obligated to make any payments under this Agreement if
the request for payment is received by the COUNTY more than forty-five (45) days after this Agreement
has terminated or expired.
C. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation based upon actual expenditures incurred by CONTRACTOR for monthly program costs in
accordance with the budget identified in Exhibit B.
D. CONTRACTOR shall be held financially liable for any and all future
disallowances/audit exceptions due to CONTRACTOR’s deficiency discovered through the State audit
process. At COUNTY’s election, the disallowed amount will be remitted within forty-five (45) days to
COUNTY upon notification or shall be withheld from subsequent payments to CONTRACTOR.
6. INVOICING
CONTRACTOR shall invoice COUNTY monthly, by the thirtieth (30th) day of each month
for the prior month’s expenditures, addressed to the County of Fresno, Department of Public Health,
Office of Health Policy and Wellness - TPP, P.O. Box 11867, Fresno, CA 93775-1800, Attention: Office
of Health Policy and Wellness TPP Health Educator and Staff Analyst. Invoices shall detail line items as
specified in Exhibit B, including original budget amount(s), current month’s expenses, year-to-date
expenses, and budget balances. In addition, invoices shall also include all relevant supporting
documentation including but not limited to copies of original statements, program expense receipts,
payroll records and mileage claims.
7. INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by CONTRACTOR under this
Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the
CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and
function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.
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CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
other regulations governing such matters. It is acknowledged that during the term of this Agreement,
CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
8. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written consent of
all the parties without, in any way, affecting the remainder. Notwithstanding the above, changes to line
items in the budget, attached hereto as Exhibit B, that do not exceed ten percent (10%) of the maximum
compensation payable to the CONTRACTOR may be made with written approval of COUNTY’s
Department of Public Health Director or designee. Said budget line item changes shall not result in any
change to the maximum compensation amount payable to CONTRACTOR, as stated herein.
9. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties
under this Agreement without the prior written consent of the other party.
10. HOLD HARMLESS
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in
connection with the performance, or failure to perform, by CONTRACTOR, its officers, agents, or
employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and
costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers,
agents, or employees under this Agreement.
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11. INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
B. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million
Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverages including completed operations,
products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of
this contract.
C. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property
damages. Coverage should include any auto used in connection with this
Agreement.
D. Professional Liability
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars
($3,000,000.00) annual aggregate.
E. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California
Labor Code.
E. Molestation
Sexual abuse / molestation liability insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual
aggregate. This policy shall be issued on a per occurrence basis.
Additional Requirements Relating to Insurance
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance
naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
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additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under
this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O. Box
11867, Fresno, CA 93775, Attention: Contracts Section – 6th Floor, stating that such insurance coverage
have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will
not be responsible for any premiums on the policies; that for such worker’s compensation insurance the
CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents and employees any
amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that such
Commercial General Liability insurance names the County of Fresno, its officers, agents and employees,
individually and collectively, as additional insured, but only insofar as the operations under this Agreement
are concerned; that such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess
only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this
insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice
given to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
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All policies shall be issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
12. AUDITS AND INSPECTIONS
The CONTRACTOR shall at any time during business hours, and as often as the COUNTY
may deem necessary, make available to the COUNTY for examination all of its records and data with
respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the
COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
CONTRACTOR'S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
the examination and audit of the Auditor General for a period of three (3) years after final payment under
contract (Government Code Section 8546.7).
13. CONFIDENTIALITY
All services performed by CONTRACTOR under this Agreement shall be in strict
conformance with all applicable Federal, State of California and/or local laws and regulations relating to
confidentiality.
14. NON-DISCRIMINATION
During the performance of this Agreement, CONTTRACTOR shall not unlawfully
discriminate against any employee or applicant for employment, or recipient of services, because of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation,
military status or veteran status pursuant to all applicable State of California and Federal statutes and
regulation.
15. DATA SECURITY
For the purpose of preventing the potential loss, misappropriation or inadvertent access,
viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse of
COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
contractual relationship with the COUNTY for the purpose of providing services under this Agreement must
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employ adequate data security measures to protect the confidential information provided to
CONTRACTOR by the COUNTY, including but not limited to the following:
A. CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices
CONTRACTOR may not connect to COUNTY networks via personally-
owned mobile, wireless or handheld devices, unless the following conditions are met:
1) CONTRACTOR has received authorization by COUNTY for telecommuting
purposes;
2) Current virus protection software is in place;
3) Mobile device has the remote wipe feature enabled; and
4) A secure connection is used.
B. CONTRACTOR-Owned Computers or Computer Peripherals
CONTRACTOR may not bring CONTRACTOR-owned computers or computer
peripherals into the COUNTY for use without prior authorization from the COUNTY’s Chief Information
Officer, and/or designee(s), including but not limited to mobile storage devices. If data is approved to be
transferred, data must be stored on a secure server approved by the COUNTY and transferred by means of
a Virtual Private Network (VPN) connection, or another type of secure connection. Said data must be
encrypted.
C. COUNTY-Owned Computer Equipment
CONTRACTOR or anyone having an employment relationship with the COUNTY,
may not use COUNTY computers or computer peripherals on non-COUNTY premises without prior
authorization from the COUNTY’s Chief Information Officer, and/or designee(s).
D. CONTRACTOR may not store COUNTY’s private, confidential or sensitive data on
any hard-disk drive, portable storage device, or remote storage installation unless encrypted.
E. CONTRACTOR shall be responsible to employ strict controls to ensure the integrity
and security of COUNTY’s confidential information and to prevent unauthorized access, viewing, use or
disclosure of data maintained in computer files, program documentation, data processing systems, data
files and data processing equipment which stores or processes COUNTY data internally and externally.
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F. Confidential client information transmitted to one party by the other by means of
electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 BIT
or higher. Additionally, a password or pass phrase must be utilized.
G. CONTRACTOR is responsible to immediately notify COUNTY of any violations,
breaches or potential breaches of security related to COUNTY’s confidential information, data maintained in
computer files, program documentation, data processing systems, data files and data processing
equipment which stores or processes COUNTY data internally or externally.
H. COUNTY shall provide oversight to CONTRACTOR’s response to all incidents
arising from a possible breach of security related to COUNTY’s confidential client information provided to
CONTRACTOR. CONTRACTOR will be responsible to issue any notification to affected individuals as
required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be
responsible for all costs incurred as a result of providing the required notification.
16. RECORDS
Financial and statistical data shall be kept and reports made as required by the COUNTY’s
Department of Public Health Director and the State. All such records shall be available for inspection by the
designated Auditors of COUNTY or State at reasonable times during normal business hours. All such
records shall be maintained through the end of this Agreement. All records shall be considered property of
COUNTY and shall be retained by COUNTY at the termination or expiration of this Agreement.
17. REPORTS
CONTRACTOR shall submit to COUNTY within ten (10) calendar days all program reports
for the preceding month. CONTRACTOR shall also furnish to COUNTY such statements, records, reports,
data, and other information as COUNTY may request pertaining to matters covered by this Agreement. In
the event that CONTRACTOR fails to provide such reports or other information required hereunder, it shall
be deemed sufficient cause for COUNTY to withhold monthly payments until there is compliance. In
addition, CONTRACTOR shall provide written notification and explanation to the COUNTY within five (5)
days of any funds received from another source to conduct the same services covered by this Agreement.
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18. COMPLIANCE WITH STATE REGULATIONS
CONTRACTOR recognizes that COUNTY operates is Tobacco Prevention Program with
the use of state funds, and that the use of these funds imposes certain requirements on the COUNTY and
its subcontractors. CONTRACTOR shall adhere to all State requirements, including those identified in
Exhibit C, attached hereto and by this reference incorporated herein and made part of this Agreement. It is
understood that Exhibit C also grants the COUNTY certain rights, which are reserved to the State; such
rights are fully described therein.
19. PROHIBITION OF PUBLICITY
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for CONTRACTOR’s advertising, fundraising or publicity (e.g., purchasing of
tickets/tables, silent auction donations, media promotions) for the purpose of self-promotion.
Notwithstanding the above, publicity of the services described in Section One (1) of this Agreement shall be
allowed as necessary to raise public awareness about the availability of such specific services when
approved in advance in writing by COUNTY’s Office of Health Policy and Wellness TPP Project
Coordinator. Such items include but are not limited to written/printed materials, materials posted on the
internet, or the use of media (e.g., radio, television, billboards, newspapers), and any related expense.
Documents prepared by CONTRACTOR using funding under this Agreement for external release shall
undergo appropriate review and approval prior to release. Review may take up to thirty (30) business days.
Materials, whether newly developed or reprinted, shall include an appropriate acknowledgement/funding
statement.
20. NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY CONTRACTOR
Director, County of Fresno Brian Angus, CEO
Department of Public Health Fresno County E.O.C.
P.O. Box 11867 1920 Mariposa Street, Suite 300
Fresno, California 93775 Fresno, California 93721
All notices between the COUNTY and CONTRACTOR provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
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an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
21. GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno
County, California.
The rights and obligations of the parties and all interpretation and performance of this Agreement
shall be governed in all respects by the laws of the State of California.
22. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a corporation (a
for-profit or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes
its status to operate as a corporation.
Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR is providing goods or performing services
under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR
is a party and in which one or more of its directors has a material financial interest. Members of the
Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and
signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated
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herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
transaction or immediately thereafter.
23. SEVERABILITY
The provisions of this Agreement are severable. The invalidity or unenforceability of any
one provision in the Agreement shall not affect the other provisions.
24. ENTIRE AGREEMENT
This Agreement, including Exhibits A through D constitute the entire agreement between the
CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understanding of any nature whatsoever unless expressly included in this Agreement.
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IN W ITNESS WHE REOF. the parties he reto have execute d thi s Agreement as of the day and year
2 first hereinabove written .
3 CONTRACTOR :
Fresno County Economic Opportun i ie s
4 Comm ission. OBA . Fresno EOC
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lO Brian A ngus , CEO
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1920 Mariposa Street, Fres o. Californ ia 93721
Mai ling Address
FOR ACCOUNTING U SE O NL Y:
ORG No.: 56201552
Account No .: 7295
SMA
Fund : 0001
Subclass : 10000
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COUNTY OF FRESNO:
Nathan Magsig , Chai nnan , Board of Supervisors of
t he County of Fresno
A EST :
Be rn ice E. Seidel
Clerk o f the B oa rd o f S upervisors
County of Fresno, Slate of Cal · ornia
By ~ c..15
Deputy
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
OBJECTIVE: BY JUNE 30, 2021, THE CITY OF FRESNO WILL ADOPT A POLICY THAT DESIGNATES 100% OF UNITS IN MULTI-UNIT
HOUSING COMPLEXES (INCLUDING BALCONIES AND PATIOS) AS SMOKE-FREE.
CAM SCOPE OF WORK REQUIREMENTS TIMELINE DELIVERABLE
Agency administrator sets up the budget to include funding for a Project Coordinator, Community
Advocates stipends, funding for incentives and operational expenses and support with the following
specifics:
05/19-6/19 Approved Budget
Hire and designate a Project Coordinator with health education, community organizing, and systems
change experience 09/19-12/19 0.8 FTE
Recruit, train, and engage Community Advocates, and provide orientation and on-going training 09/19-12/19 6-8 ECLs
Meet monthly with Tobacco Prevention Program staff to review progress on work plan and budget 09/19-06/21 Meeting Notes
Attend bi-monthly Tobacco-Free Coalition meetings 09/19-06/21 Meeting Minutes
Attend monthly CAM trainings 09/19-06/21 Training Agendas
Submit monthly invoices to the Tobacco Prevention Program within 15 days of the end of the previous
month 09/19-06/21 Monthly Invoices
Community Action Model Steps:
Step 1: Recruit & Train Emerging Community Leaders: Community Advocates are recruited and
trained to develop skills, increase knowledge and build capacity. They will use this knowledge and skills
to choose a specific issue or focus.
09/1/2019 – 11/30/2019
1.Community
Advocates Tracking
and Training Tool
2.Training Curriculum
and Sample
Workshop
3.Community
Advocates Pre-
Survey
Step 2: Define, design and conduct community diagnosis: A “Community Diagnosis” is the process
of finding the root causes of a community concern or issue and discovering the resources to overcome
it. The diagnosis includes deciding what issue a community group will work on, and design and
implement a community-driven research plan to gather primary data (e.g. surveys, focus groups,
observations, and key informant interviews) regarding the issue.
12/1/2020 - 3/31/2020
1.Community
Diagnosis
Assessment Plan
2.Primary Research
Report
3.Progress Report
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
Step 3: Define, design and conduct community diagnosis: The team of Community Advocates,
with technical assistance and training from the TPP and/or consultants, will analyze the findings of their
diagnosis, develop key messages and a menu of potential Policy-System-Environmental change
strategies, complete the Midwest Academy Strategy Chart (MWAC) and present the findings back to
community members.
4/1/2020 – 7/31/2020
1.Secondary
Research Findings
Report
2.Community
Presentation
3.Community
Showcase
4.Developed Key
Messages
5.Year 1 Final
Report
6.Community
Advocates Post-
Survey
Step 4: Develop & Implement Action Plan:
The funded agency will develop and implement a plan to achieve their “Action/Objective” which will
include community outreach and engagement, media campaign, and educating decision-makers and
stakeholders. 8/1/2020 - 02/28/2021
1.6-month Training
Plan and Sample
Workshop
2.Community
Advocates Pre-
Survey
3.Action Ideas and
Rationale
4.Midwest Academy
Strategy Chart
5.Action Plan
6. Mid-Year Report
7.Stakeholder and
Decision-Maker
Engagement Plan
8. Educational
Packet
9.Stakeholder
Education &
Outreach
10.Meetings with
Decision-Makers
11.Media Plan
12.1-2 Developed
Media Tools and
Earned Media
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
Step 5: Maintain and/or enforce Action Plan: After successfully completing the Action, the project
plans to ensure that their efforts will be maintained over the long term and enforced by the appropriate
agencies.
3/1/2021 - 5/31/2021
1.Monitoring and
Enforcement Plan
2.Final Report
3.Celebration
Materials
4.Community
Advocates Post-
Survey
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
General Activity- Column 1 Specific Activities- 2 Timeline-3 Deliverable-4
Step 1: Recruit & Train Emerging Community Leaders
List General Activities here For each General Activity list specific activities here
Recruit 6-8 Community
Advocates
Community Advocates will be recruited at
presentations and at different community events in
the City of Fresno. Community Advocates will
consist of tenants, staff from different
organizations, apartment managers, youth groups,
and local residents.
09/1/19 – 10/31//19 Community Advocate Tracking
and Training Tool
Community Advocates will be recruited from local
organizations providing services in the City of
Fresno.
09/1/19 - 10/31/19 Community Advocate Tracking
and Training Tool
Provide Orientation to
Community Advocates
An orientation will be provided to inform
Community Advocates of their role in completing
the CAM project for smoke-free multi-unit housing
in the City of Fresno.
11/1/19 – 11/30/19 Community Advocate Tracking
and Training Tool
Provide Training to
Community Advocates
Community Advocates will attend an orientation
training, trainings for Steps 1-5 of CAM, and other
required trainings provided by the Tobacco
Prevention Program (TPP).
11/1/19 – 5/31/21 Training Sign-In Sheet
Completed Training Evaluations
On-going Trainings and
Meetings
Meet weekly and provide on-going trainings as
needed to Community Advocates.
10/1/2019 – 5/31/21 Training Curriculum and Sample
Workshop
Community Advocates Tracking
and Training Tool
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
General Activity- Column 1 Specific Activities- 2 Timeline-3 Deliverable-4
Step 2: Define, design and conduct community diagnosis
List General Activities here For each General Activity list specific activities
here
Develop Assessment Plan Develop a Community Diagnosis Assessment Plan
to help identify the root causes of a community
concern or issue and discover the resources to
overcome it. The diagnosis includes deciding
what issue a community group will work on, and
design and implement a community-driven
research plan to gather secondary data (data
which is collected by someone who is someone
other than the user) and primary data (e.g.
surveys, focus groups, observations, and key
informant interviews) regarding the issue.
12/1/19 – 12/31/19 Community Diagnosis Assessment
Plan
Conduct a Public Opinion Survey Work with Community Advocates to conduct a
public opinion survey of at least 150 multi-unit
housing tenants in the City of Fresno on the
exposure to secondhand tobacco and marijuana
smoke in multi-unit housing and measure
support for policy change. Train community
advocates on the purpose for surveying and
survey development.
01/1/20-03/31/20 Primary Research Report
Develop and Conduct Focus
Groups or, develop and conduct
Key Informant Interviews
Work with Community Advocates to develop and
conduct 2 focus groups (1-1.5 hours in length)
with residents of MUH complexes to discover
how exposure to secondhand and thirdhand
smoke has impacted their families. Each focus
group will include a purposive sample of 6-8
people. Or, work with Community Advocates to
develop and conduct at least 5 key informant
interviews with multi-unit housing managers,
01/20-06/20 Primary Research Report
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
owners, City of Fresno Council Members, city
manager, and property management company
staff. Question will assess their knowledge,
attitudes, and support for a smoke-free multi-
unit housing policy.
Conduct Secondary Research Work with Community Advocates to research
multi-unit housing in each city council district to
determine the number of multi-unit housing
properties in each district and their smoke-free
status, and gather and review what policies
and/or research already exists related to the
Communities of Excellence needs assessment,
and other information about secondhand and
thirdhand smoke exposure in multi-unit housing.
01/1/20-03/31/20 Secondary Research Findings
Report
Complete Progress Report Complete a simple progress report that describes
accomplishments, challenges, and technical
assistance/support needs.
3/1/20 – 3/31/20 Progress Report
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
Step 3: Analyze Diagnosis findings & Present Findings to Community
List General Activities here For each General Activity list specific activities
here
Analyze findings With technical assistance and training from the
Tobacco Prevention Program the Community
Advocates will analyze the findings of their
community diagnosis and draft a report.
04/1/20 – 05/31/20 Diagnosis Report
Conduct Community Presentation Conduct a community presentation that presents
the results of primary and secondary research
and elicit feedback from community members
whether the findings resonate with them.
6/1/20 – 6/30/20 Recorded Responses to Be
Incorporated in Year 1 Final
Report
Participate in Showcase Collaborate with the TPP and the Proximity of
Tobacco Retailers Near Youth Sensitive Areas
funded CAM Project to put on a Community
Showcase. Each project will present their findings
and highlight a few potential suggested actions.
6/1/20 – 6/30/20 Copies of Showcase Materials
Complete Year 1 Final Report Develop a reflective summary of achievements in
completing steps 1-3 as well as the status of
building capacity of Community Advocates
07/1/20 – 07/31/20 Year 1 Final Report
Complete Community Advocates
Post Survey
Ensure Community Advocates complete an exit
survey created by the TPP that assesses their
change in skills and knowledge relevant to Steps
1-3.
07/1/20 – 07/31/20 Date Survey was Completed
Aggregated Data
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
Step 4: Choose an Action and Develop & Implement Action Plan
List General Activities here For each General Activity list specific activities
here
Develop 6-Month Training Plan Develop a six-month training plan and one-
detailed sample workshop for Community
Advocates.
08/1/20 – 08/31/20 Training Plan and Sample
Workshop
Community Advocates Pre-
Survey
Ensure newly recruited Community Advocates
complete the pre-survey created by the TPP that
assesses their baseline knowledge and skills.
08/1/20 – 08/31/20 Date Survey was Completed
Aggregated Data
Review Action Ideas and Rationale Work with Community Advocates to develop 2-3
viable Actions based on agency’s research, key
findings, and feedback from community with TPP
mentor staff to examine viability.
09/1/20 – 09/30/20 Action Ideas and Rationale
Develop Key Messages Work with the Community Advocates to develop
at least three key messages, speaking points and
arguments/counterarguments related to drifting
secondhand, third hand smoke and marijuana
smoke and policy options for smoke free housing
in the City of Fresno.
09/1/20 – 09/30/20 Developed Key Messages
Complete Midwest Academy
Strategy Chart
Work with Community advocates to complete
one Midwest Academy Strategy Chart
(approximately 2-hours in length) to identify
goals, constituents, allies, opponents, targets and
tactics for the proposed policy change.
10/1/20 – 10/31/20 Completed Chart
Develop Community Action Plan Based on the results of the community
assessment, work with Community Advocates to
develop a community action plan that focuses on
how to educate the community and elected
officials and to influence action regarding the
proposed policy change. Action plan elements
may include endorsement materials, model
policy, awareness raising campaign, media
10/1/20 – 10/31/20 Action Plan
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
advocacy, and presentations to community
groups and elected officials.
Develop PowerPoint Presentation Community Advocates will receive input from the
TPP to develop a 30-minute PowerPoint
presentation for multiple target audiences to
educate community members and local elected
officials that includes the developed key
messages, community assessment findings, and
the proposed policy solution..
10/1/20 – 10/31/20 PowerPoint Presentation(s)
Develop Stakeholder and
Decision-Maker Engagement Plan
Work with Community Advocates to develop a
stakeholder and decision-maker engagement
plan to identify and list the key stakeholders and
decision-makers that you will engage, how you
will reach them, and delineate roles among your
team.
10/1/20 – 10/31/20 Stakeholder and Decision-Maker
Engagement Plan
Develop Materials and
Educational Packet
Work with Community Advocates to design and
develop an educational packet to educate
stakeholder groups, city staff, and elected
officials. This may include the development of
culturally appropriate fact sheets, infographics,
etc. The packet will incorporate community
assessment findings, HSHC data results and the
proposed policy solution. Field test developed
materials via public intercept surveys or a focus
group to ensure that the intended audiences
understand the materials.
10/1/20 – 10/31/20 Sample Educational Packets
Meet with Decision Makers and
Staff
Work with Community Advocates to conduct a
minimum of 5 individual educational
presentations (at least 30 minutes in length) to
Fresno City Council Members and/or city staff
(e.g. Police Department staff, City Manager,
Planning) and conduct at least 1 educational
10/1/20 – 02/28/21 Educational Packets
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
presentation (3-20 minutes in length) and
provide information on drifting secondhand and
third hand smoke and marijuana smoke in multi-
unit housing and the importance of policy
options.
Conduct Community Education
and Outreach
Work with Community Advocates to community
outreach and education. This may include
activities such as, educational presentations to
community stakeholder groups, outreach at
community events, town hall meetings, etc. in
the City of Fresno to educate the community on
smoke-free multi-unit housing and provide
information on drifting secondhand and third
hand smoke and marijuana smoke in multi-unit
housing in the City of Fresno.
10/1/20-02/28/21 Copies of Endorsements or
Resolutions Collected
Earned Media Campaign Work with Community Advocates to develop and
participate in at least two unpaid media activities
(news release, Opinion Editorial, Letter to the
Editor, radio/television interviews, news
conference, etc.) on secondhand and third hand
smoke and marijuana smoke in multi-unit
housing.
08/20-05/21 Media Plan
Developed Media Materials
Complete Action Plan Progress
Report
Develop a progress report that reflects on
progress of each Tactic in the Action Plan and
successes and challenges over the last 6-months
for both the capacity building of the Community
Advocates and Step 4.
02/1/21 – 02/28/21 Mid-Year Progress Report
EXHIBIT A:
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION 2019-2 021 CAM SCOPE OF WORK
Step 5: Maintain and/or Enforce Action Plan
List General Activities here For each General Activity list specific activities
here
Monitoring and Enforcement Plan Work with Community Advocates to develop a
monitoring and enforcement plan that identifies
who and how the PSE change will be
implemented and enforced.
If CAM policy Action is not achieved work with
Community Advocates to identify who needs to
be informed about their work, identify who
might want to carry it on, and identify how they
can package and closeout the project.
3/1/21 – 4/15/21 Monitoring and Enforcement Plan
that Will Be Incorporated Into
Year 2 Final Report
Participate in CAM Celebration Collaborate with the TPP and the Tobacco
Retailers Near Youth Sensitive Areas funded CAM
Project to put on a Community Showcase. Each
project will present their findings and highlight a
few potential suggested actions.
4/1/21 – 4/30/21 Pictures or Copies of Celebration
Materials
Complete Year 2 Final Report Develop a reflective summary of achievements in
completing steps 4-5. This will include a report on
successes and key challenges in achieving the
Action through their tactics. Project Coordinator
will also reflect on how they have seen
themselves and their Community Advocates
grow in leadership throughout the last year.
Provide feedback on how to improve the
program, training and technical assistance.
5/1/21 – 5/31/21 Year 2 Final Report
Complete Community Advocates
Post-Survey
Ensure Community Advocates complete an exit
survey created by the TPP that assesses their
change in skills and knowledge relevant to Steps
4-5.
5/1/21 – 5/31/21 Date Survey was Completed
EXHIBIT B
Personnel Salaries, Payroll Taxes & Employee Benefits - Line Item 0001
Facilities/Equipment Expenses – Line Item 1010
Office Rental ($1.04/sq.ft. x 150 sq.ft. X 12 months)
$1,872.00
Operating Expenses - Line Items 1060-1077
Telephone: $840.00 ($70 combined monthly charges x 12 months)
Includes local and long distance phone calls, teleconference calls, cell phone stipend for
Program Coordinator, software license fee, internet access fee and fax service charges.
Postage: $46.00 (projected for the year)
Postage to mail correspondence to Community Advocates, materials requested by multi-unit
housing tenants and management companies.
Printing/Copying: $2,200.00 (projected for the year)
Cost for outside vendors printing fact sheets, and expenses for in-house duplicating and
reproduction; including expenses related to materials for trainings, surveys, and
informational packets.
Office Supplies: $1,464.43 ($122.04 per month x 12 months)
Office Supplies include pens, pencils, paper, labels, folders, binders, staples, file folders, ink
cartridges, etc.
Incentives: $1,000.00 (100 gift cards x $10 each)
Incentives consist of $ 10.00 gift cards to Starbucks and Subway, to be provided in
community events, presentations, and other community outreach efforts like the multi-unit
housing events, etc.
Educational Materials: $1,300.00 (projected for the year)
Educational Materials will consist of presentation materials that will be culturally appropriate
to disseminate during presentations and other community outreach events.
$71,360.83
Fresno County CAM Project
Fresno Economic Opportunities Commission
PROGRAM EXPENSES NARRATIVE
The Program Coordinator salary is projected as follows:
($2,020.50 paid bi-weekly) x (100% FTE) x (26 pay periods per year) = $52,533
Program Coordinator's responsibilities include: overall planning, recruitment of Community
Advocates, training, report writing, fiscal & maintain the Community Advocates. Work with
Community Advocates in providing education and information to city council members about
smoke-free multi-unit housing in the City of Fresno. Provide information to apartment
managers, residents, property management companies, Apartment Associations.
Coordinate appropriate educational materials in English & Spanish on Second Hand Smoke
(SHS) and other tobacco free topics. Provide sample tobacco control policies to public
housing complexes. Ensure timely grant requirements and reports are submitted. Provide
oversight of the grant evaluation, participate in Local Tobacco Free Coalition Meetings,
conferences and trainings.
The combined fringe benefits rate is projected at 35.84% x $52,533 for a total of
$18,827.83. Fringe benefits includes: FICA (7.65% on all wages up to $127,200), SUI (6.2%
on wages up to $7,000), Worker’s Compensation insurance (salary amount divided by 100 x
rate of 0.81 per rate schedule), health insurance ($1,135 per month), and life insurance
($0.26 per $1,000 annualized salary x 2).
The average percentage of employee benefit to salaries was 35% for calendar year 2018,
respectively.
FISCAL YEAR
September 10, 2019 THROUGH JUNE 30, 2020
$100,000.00
$6,976.74
TOTAL PROGRAM EXPENSE:
Indirect costs are allocated based on the U.S. Department of Health and Human Service
approved indirect cost rate of 7.5% of allowable costs for a total of $6,976.74 per year.
Staff and Community Advocates Transportation: $2,000.00 (314.47 miles/month x .53/mile
x 12 months)
Mileage for program-related activities such as: presentations, community events, meetings
with key community leaders, multi-unit housing managers, owners, property management
company staff, meetings with Community Advocates, city officials, city managers, trainings
and other meetings to complete CAM Project. Includes mileage for Community Advocates.
Staff Training/Registration: $400.00 (projected for the year)
Registration fees for staff trainings, conferences to attend the California Apartment
Association Network trainings, and attend any out of county trainings and meetings required
by the Tobacco Prevention Program, as required or as needed. It will also include training
for Community Advocates necessary for the completion of CAM Scope of Work. Travel
activities include registration and miscellaneous travel expenses. One staff member will
attend training/conferences that might be required by the Tobacco Prevention Program.
Community Advocates Stipends: $9,600.00 ($100 stipend x 8 Community Advocates x 12
months)
Community Advocates volunteers will assist the Program Coordinator with addressing multi-
unit housing in the City of Fresno by surveying, doing presentations, attending community
events, educating residents and community leaders, such as: City Manager, and City
Council in the City of Fresno, etc.
Food: $400.00 (projected for the year and will not exceed $50 worth/value per Advocate per
year)
Food for Community Advocates when they attend meetings, trainings and educate city
officials on smoke-free policies for the CAM Project.
$19,250.43
Financial Services Expenses – Line Items 1081-1082
External Audit is projected at 0.12% of direct expenditures for a total of $111 per year.
Liability insurance is estimated at $429 per year.
$540.00
INDIRECT COSTS
EXHIBIT B
PERSONNEL SALARIES:Annual Salary % FTE1 Benefit Rate2 Benefit Cost
0001 Program Coordinator 52,533$ 1.00 35.84%18,827.83$
Sub-Total 52,533$ 1.0 18,828$
SALARIES TOTAL 71,361$
1010 Rent/Lease Building $1,872.00
FACILITY/EQUIPMENT TOTAL $1,872.00
1060 Telephone $840.00
1062 Postage $46.00
1063 Printing/Copying $2,200.00
1066 Office Supplies $1,464.43
1067 Incentives $1,000.00
1068 Educational Materials $1,300.00
1072 Staff and Community Advocates Transportation $2,000.00
1074 Staff Training/Registration $400.00
1076 Community Advocates Stipends $9,600.00
1077 Food5 $400.00
OPERATING EXPENSES TOTAL $19,250.43
1081 External Audit $111.00
1082 Liability Insurance $429.00
FINANCIAL SERVICES TOTAL $540.00
TOTAL DIRECT COSTS $93,023.26
INDIRECT COSTS 3 Not to exceed 15% of total direct costs.7.5%=Indirect costs $6,976.74
$100,000.00
Year I
Fresno Economic Opportunities Commission
September 10, 2019 - June 30, 2020
TOTAL PROGRAM EXPENSES YEAR 1 4
Budget Categories -
Line Item Description (Must be itemized)
FACILITIES/EQUIPMENT EXPENSES:
OPERATING EXPENSES:
FINANCIAL SERVICES EXPENSES:
EXHIBIT B
Personnel Salaries, Payroll Taxes & Employee Benefits - Line Item 0001
Facilities/Equipment Expenses – Line Item 1010
Office Rental ($1.04/sq.ft. x 150 sq.ft. X 12 months)
$1,872.00
Operating Expenses - Line Items 1060-1077
Telephone: $840.00 ($70 combined monthly charges x 12 months)
Includes local and long distance phone calls, teleconference calls, cell phone stipend
for Program Coordinator, software license fee, internet access fee and fax service
charges.
Postage: $116.00 (projected for the year)
Postage to mail correspondence to Community Advocates, materials requested by multi-
unit housing tenants and management companies.
Printing/Copying: $1,850.00 (projected for the year)
Cost for outside vendors printing fact sheets, and expenses for in-house duplicating and
reproduction; including expenses related to materials for trainings, surveys, and
informational packets.
Office Supplies: $1,007.01 ($83.92 per month x 12 months)
Office Supplies include pens, pencils, paper, labels, folders, binders, staples, file
folders, ink cartridges, etc.
Incentives: $1,300.00 (130 gift cards x $10 each)
Incentives consist of $ 10.00 gift cards to Starbucks and Subway, to be provided in
community events, presentations, and other community outreach efforts like the multi-
unit housing events, etc.
$72,431.25
Fresno County CAM Project
Fresno Economic Opportunities Commission
FISCAL YEAR
JULY 1, 2020 THROUGH JUNE 30, 2021
PROGRAM EXPENSES NARRATIVE
The Program Coordinator salary is projected to receive a 1.5% salary increase after one
year of employment ($52,533 * 1.015 = $53,321). The salary is projected as follows:
($2,050.81 paid bi-weekly) x (100% FTE) x (26 pay periods per year) = $53,321
The Program Coordinator's responsibilities include: overall planning, recruitment of
Community Advocates, training, report writing, fiscal & maintain the Community
Advocates. Work with Community Advocates in providing education and information to
city council members about smoke-free multi-unit housing in the City of Fresno. Provide
information to apartment managers, residents, property management companies,
Apartment Associations. Coordinate appropriate educational materials in English &
Spanish on Second Hand Smoke (SHS) and other tobacco free topics. Provide sample
tobacco control policies to public housing complexes. Ensure timely grant requirements
and reports are submitted. Provide oversight of the grant evaluation, participate in Local
Tobacco Free Coalition Meetings, conferences and trainings.
The combined fringe benefits rate is projected at 35.84% x $53,321 for a total of
$19,110.25. Fringe benefits includes: FICA (7.65% on all wages up to $127,200), SUI
(6.2% on wages up to $7,000), Worker’s Compensation insurance (salary amount
divided by 100 x rate of 0.81 per rate schedule), health insurance ($1,135 per month),
and life insurance ($0.26 per $1,000 annualized salary x 2).
The average percentage of employee benefit to salaries is 35% for calendar year 2018,
respectively.
$100,000.00
$6,976.74
TOTAL PROGRAM EXPENSE:
Indirect costs are allocated based on the U.S. Department of Health and Human Service
approved indirect cost rate of 7.5% of allowable costs for a total of $6,976.74 per year.
Educational Materials: $900.00 (projected for the year)
Educational Materials will consist of presentation materials that will be culturally
appropriate to disseminate during presentations and other community outreach events.
Staff and Community Advocates Transportation: $1,800.00 (283.02 miles/month x
.53/mile x 12 months)
Mileage for program-related activities such as: presentations, community events,
meetings with key community leaders, multi-unit housing managers, owners, property
management company staff, meetings with Community Advocates, city officials, city
managers, trainings and other meetings to complete CAM Project. Includes mileage for
Community Advocates.
Staff Training/Registration: $367.00 (projected for the year)
Registration fees for staff trainings, conferences to attend the California Apartment
Association Network trainings, and attend any out of county trainings and meetings
required by the Tobacco Prevention Program, as required or as needed. It will also
include training for Community Advocates necessary for the completion of CAM Scope
of Work. Travel activities include registration and miscellaneous travel expenses. One
staff member will attend training/conferences that might be required by the Tobacco
Prevention Program.
Community Advocates Stipends: $9,600.00 ($100 stipend x 8 Community Advocates x
12 months)
Community Advocates volunteers will assist the Program Coordinator with addressing
multi-unit housing in the City of Fresno by surveying, doing presentations, attending
community events, educating residents and community leaders, such as: City Manager,
and City Council in the City of Fresno, etc.
Food $400.00 (projected for the year and will not exceed $50 worth/value per Advocate
per year)
Food for Community Advocates when they attend meetings, trainings and educate city
officials on smoke-free policies for the CAM Project.
$18,180.01
Financial Services Expenses – Line Items 1081-1082
External Audit is projected at 0.12% of direct expenditures for a total of $111 per year.
Liability insurance is estimated at $429 per year.
$540.00
INDIRECT COSTS
EXHIBIT B
PERSONNEL SALARIES:Annual Salary % FTE1 Benefit Rate2 Benefit Cost
0001 Program Coordinator 53,321$ 1.00 35.84%19,110.25$
Sub-Total 53,321$ 1.0 19,110$
SALARIES TOTAL 72,431$
1010 Rent/Lease Building $1,872.00
FACILITY/EQUIPMENT TOTAL $1,872.00
1060 Telephone $840.00
1062 Postage $116.00
1063 Printing/Copying $1,850.00
1066 Office Supplies $1,007.01
1067 Incentives $1,300.00
1068 Educational Materials $900.00
1072 Staff and Community Advocates Transportation $1,800.00
1074 Staff Training/Registration $367.00
1076 Community Advocates Stipends $9,600.00
1077 Food5 $400.00
OPERATING EXPENSES TOTAL $18,180.01
1081 External Audit $111.00
1082 Liability Insurance $429.00
FINANCIAL SERVICES TOTAL $540.00
TOTAL DIRECT COSTS $93,023.26
INDIRECT COSTS 3 Not to exceed 15% of total direct costs.7.5%= Indirect costs $6,976.74
$100,000.00
Budget Categories -
Year II
Fresno Economic Opportunities Commission
July 1, 2020 - June 30, 2021
TOTAL PROGRAM EXPENSES YEAR 2 4
Line Item Description (Must be itemized)
FACILITIES/EQUIPMENT EXPENSES:
OPERATING EXPENSES:
FINANCIAL SERVICES EXPENSES:
EXHIBIT C
Local Lead Agency Guidelines July 2017
California Tobacco Control Program
California Department of Public Health Page 1 of 4
GTC 04/2017
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
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 the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
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, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor 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 performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
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8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not deny the contract’s benefits to any person on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully
against any employee or applicant for employment because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation and
treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code
Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2
of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. Contractor shall permit access
by representatives of the Department of Fair Employment and Housing and the awarding state
agency upon reasonable notice at any time during the normal business hours, but in no case less
than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information
and its facilities as said Department or Agency shall require to ascertain compliance with this
clause. Contractor and its subcontractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other agreement.
(See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of
this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
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13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions: 1)
"Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
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a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
Exhibit D
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members
of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any
self-dealing transactions that they are a party to while providing goods, performing services, or both
for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest.”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the Corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit D
Page 2 of 2
(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: