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HomeMy WebLinkAboutAgreement A-19-448 with CHC.pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 California Health Collaborative, a California Non-Profit 501(c)(3) Organization, whose address is 1680 West Shaw Avenue, Fresno, California, 93711, hereinafter referred to as "CONTRACTOR". W I T N E S S E T H: W HEREAS, 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 with a goal to prohibit the location of tobacco retail outlets within 1,000 feet of schools, parks, and youth facilities in unincorporated Fresno County; 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, CONTRACTOR, has the facilities, equipment, resources, and personnel skilled in the provision of such services; and WHEREAS, CONTRACTOR, qualified and is willing to provide such services, pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree as follows: 1.OBLIGATIONS OF THE CONTRACTOR A.CONTRACTOR shall perform all services and fulfill all responsibilities identified in Exhibit A, attached hereto and by this reference incorporated herein. B.CONTRACTOR shall work to maintain an open and cooperative relationship with Agreement No. 19-448 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Department’s Tobacco Prevention Program 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 shall provide extensive technical assistance and train the CONTRACTOR and community advocates to achieve their identified goals and create sustainable change. C. COUNTY shall 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: 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 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: OHPW -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. 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 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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: -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. 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. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional 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. D. 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 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 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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: -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PROPERTY OF COUNTY All purchases over Five Thousand and No/100 Dollars ($5,000.00) and certain purchases under Five Thousand and No/100 Dollars ($5,000.00) such as computers, printers, cameras and other sensitive items made during the life of this Agreement shall be identified as fixed assets with an assigned County of Fresno Accounting Inventory Number. These fixed assets shall be retained by the COUNTY, as COUNTY property, in the event this Agreement is terminated or upon expiration of this Agreement. CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed assets and shall be physically present when fixed assets are returned to COUNTY possession at the termination or expiration of this Agreement. 17. 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. 18. 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 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 19. COMPLIANCE WITH STATE REGULATIONS CONTRACTOR recognizes that COUNTY operates its 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 applicable 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. 20. 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 OHPW – Tobacco Prevention Program 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. 21. 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 Steven Ramirez, CEO. Department of Public Health California Health Collaborative P.O. Box 11867 1680 W. Shaw Avenue -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fresno, California 93775 Fresno, California 93711 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 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). 22. 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. 23. 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 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 24. 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. 25. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 1 IN WITNESS WH EREOF , the pa rt ies hereto have executed this Agreement as of t he day and year 2 firs t hereinabove written. 3 CONTRACTOR: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 California Health Collaborative (All11ho ri :red Signature) J Steven Rami rez , CEO Print Name & Title 1680 W . Shaw Avenue , Fresno. California 93 711 Mai ling Address FOR ACCOUNTING USE ONLY : 20 ORG No .: 5620 1552 Account No.: 7295 21 SMA Fund : 0001 22 Subciass : 10000 23 24 25 26 27 28 -14- COUNTY OF FRESNO: Nathan Magsig , Chairm an , Board of Superviso rs of the County of Fresno ATTEST: Bern ice E Seide l Clerk of the Board of Supervisor s Coun ty of Fresno. State of Californ ia By d~ t.15 Dep ut y EXHIBIT A: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 1 of 11 OBJECTIVE: BY JUNE 30, 2021, UNINCORPORATED FRESNO COUNTY WILL ADOPT A POLICY TO PROHIBIT THE LOCATION OF TOBACCO RETAIL OUTLETS WITHIN 1,000 OF SCHOOLS, PARKS, AND YOUTH FACILITIES. 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 At least 0.8 FTE Recruit, train, and engage Community Advocates, and provide orientation and on-going training 09/19-12/19 6-8 Community Advocates 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 and complete post-training surveys 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 Participate in key informant interviews with the Tobacco Prevention Program Evaluator. The Evaluator will identify strengths, weaknesses and impact of the CAM Process. TBD Interview Conducted 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. 09/1/19 - 11/30/19 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, design, and implement a community-driven research plan to gather secondary and primary data (e.g. surveys, focus groups, observations, and key informant interviews) regarding the issue. 12/1/20 - 3/31/20 1. Community Diagnosis Assessment Plan 2. Primary Research Report 3. Progress Report EXHIBIT A: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 2 of 11 Step 3: Analyze results of 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. 4/1/20 - 7/31/20 1. Secondary Research Findings Report 2. Community Showcase 3. Developed Key Messages 4. Year 1 Final Report 5. Community Advocates Post- Survey Step 4: Choose an Action and 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. 8/1/20 – 02/28/21 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 EXHIBIT A: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 3 of 11 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. 3/1/21 – 5/31/21 1. Monitoring and Enforcement Plan 2. Final Report 3. Celebration Materials 4. Community Advocates Post- Survey EXHIBIT A: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 4 of 11 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, various community events, schools/universities, local organizations, etc. 9/1/19 – 10/31/19 Community Advocate Tracking and Training Tool Provide Orientation to Community Advocates An initial orientation will be provided by agency staff to Community Advocates to inform them of their role in completing the CAM Project. 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. 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 Community Advocates Pre- Survey Ensure Community Advocates complete the pre- survey created by the TPP that assesses their baseline knowledge and skills. 11/1/19 – 11/30/19 Date Survey was Completed Aggregated Data EXHIBIT A: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 5 of 11 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 Develop and Conduct a Public Opinion Survey Work with Community Advocates to develop and conduct a public opinion survey of at least 185 residents of unincorporated Fresno County on how they feel about the location and number of tobacco retailers in their community, level of support for the proposed policy, and key demographic characteristics of the respondents. Pre-test the survey with at least 5-10 people and make changes based on input. 1/1/20 – 3/31/20 Primary Research Results Develop and Conduct Key Informant Interviews or an Observation Survey/Walking Tour Work with Community Advocates to develop and conduct 5-8 key informant interviews about density/proximity issues with school staff and/or administration, the County Office of Education, parents groups and other groups/agencies with close ties to the schools. Questions will assess whether the respondents are concerned about tobacco retailers 1/1/20 – 3/31/20 Primary Research Results EXHIBIT A: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 6 of 11 near schools and whether they are interested in addressing the issue. Or develop and conduct an observational survey/walking tour survey of 10-15 tobacco retail stores to better understand and document how tobacco retailer proximity near schools impacts youth and the community. Conduct Secondary Research Gather and review what policies and/or research already exists related to the Healthy Stores for a Healthy Community Campaign, the Communities of Excellence needs assessment, and other information about the proximity of tobacco retailers near schools and how it impacts youth and the community. 1/1/20 – 3/31/20 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: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 7 of 11 General Activity- Column 1 Specific Activities- 2 Timeline-3 Deliverable-4 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 key findings from their primary research of their community diagnosis and draft a report. 04/1/20 – 5/31/20 Primary Research Diagnosis Report that includes research tools, data, and other relevant materials. 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 Tobacco Prevention Program and the Multi-Unit Housing 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 7/1/20 – 7/31/20 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. 7/1/20 – 7/31/20 Date Survey was Completed Aggregated Data EXHIBIT A: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 8 of 11 General Activity- Column 1 Specific Activities- 2 Timeline-3 Deliverable-4 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. 8/1/20 – 8/31/20 Training Plan and Sample Workshop Complete Community Advocates Pre- Survey Ensure newly recruited Community Advocates complete the pre-survey created by the TPP that assesses their baseline knowledge and skills. 8/1/20 – 8/31/20 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. 9/1/20 – 9/30/20 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 the proximity of tobacco retailers that can be used during presentations as well as, educational meetings with stakeholders and elected officials. 9/1/20 – 9/30/20 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 advocacy, and presentations to community groups and elected officials. 10/1/20 – 10/31/20 Action Plan EXHIBIT A: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 9 of 11 Develop PowerPoint Presentation Work with Community Advocates to develop one 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 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 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 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 County Board of Supervisors and/or county staff (e.g., the Sheriff, Public Works staff, County Administrative Officer) and conduct at least 1educational presentation (3-20 minutes in length) to the entire Fresno County Board of Supervisors to educate about the community assessment findings, HSHC data results, and the proposed policy solution. 10/1/20 – 2/28/21 Educational Packets EXHIBIT A: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 10 of 11 Conduct Community Education and Outreach Work with advocates to conduct community outreach and education. This may include activities such as, educational presentations to community stakeholder groups, outreach at community events, town hall meetings, etc. to educate about the community assessment findings, HSHC data results and the proposed policy solution, and gather endorsements or resolutions if appropriate. 10/1/20 – 2/28/21 Copies of Endorsements or Resolutions Collected Develop and Submit Earned Media 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.) 11/1/20 – 2/28/21 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. 2/1/21 – 2/28/21 Mid-Year Progress Report EXHIBIT A: CALIFORNIA HEALTH COLLABORATIVE 2019-2021 CAM SCOPE OF WORK Page 11 of 11 General Activity- Column 1 Specific Activities- 2 Timeline-3 Deliverable-4 Step 5: Maintain and/or Enforce Action Plan List General Activities here For each General Activity list specific activities here Develop Monitoring and Enforcement Plan Work with Community Advocates to develop a monitoring and enforcement plan for both goals of CAM: (1) to train and build capacity of Community Advocates and (2) to create policy-system- environmental change to improve the health of the community. 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 – 3/31/21 Monitoring and Enforcement Plan Participate in CAM Celebration Collaborate with the Tobacco Prevention Program and the Multi-Unit Housing 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 including: project’s monitoring and enforcement plan for both goals of CAM. 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 Items 0001- 0002 Printing/Coping: Expenses for printing of materials developed in approved Scope of Work activities, $250 per month x 12 months= $3000 Office Supplies: General office supplies used by staff and community advocates in the completion of Scope of Work activities. $200 per month x 11 months= $2200 Total: $54631 Equipment: Laptop and Projector to be used by the Program Coordinator and Community Advocates in completion of Scope of Work Activities. Laptop $1500, 22 Inch Monitor $220, Docking Station $200, Computer Software $250, Laptop Accessories $153, Projector $920 = $3243 Telephone and Computer Network: Communication expenses related to operating phones and internet to support Scope of Work activities. $100 x 11= $1100 Postage: Expenses for project mailings such as daily correspondence, invoices, mailings of educational information and materials, if requested by the community, and dissemination of evaluation findings. Costs vary month to month but average $13-14 per month. $13-14 per month x 11 months= $150 Facilities/Equipment Expenses – Line Items 1010-1011 Fresno County CAM Project California Health Collaborative 2019-2020 Salary: $3209 X 5% FTE X 22 PP=$3529 The Project Director (PD) provides direct administration, supervision, and leadership to the program. Supervises the Program Coordinator, completes reports, supports evaluation activities, and assists with coordinating the activities of the project. The Program Coordinator (PC) is the project liaison in the targeted Fresno County region. The PC works in conjunction with the PD on a daily basis and assists with coordinating volunteers and program participants, performing program assessments, development of program materials, supports program evaluation, and implementation of SOW activities. Salary: $1875 x 100% FTE x 22 PP= $41250 Fringe: $3530 x 22% = $777 Fringe: $41250 x 22%= $9075 PROGRAM EXPENSES NARRATIVE Rent: 150 sq ft x $2.50 sq ft x 1.05 FTE x 11 months= $4331 Total: $7574 Operating Expenses - Line Items 1060-1079 Fringe: Calculated at 22% of employee salaries, includes FICA/OASDI, State Unemployment - SUI, Medical/Health Benefits, Dental Benefits, Vision Benefits, Retirement Benefits, Worker's Compensation Total Salary & Fringe: $4306 Total Salary & Fringe: $50325 $100,000 Food: Food and Refreshments for trainings and meetings with Community Advocates. $50 per advocate x 10 advocates= $500 + $747 for Food and Refreshments for community presentations or other community gatherings= $1247 External Audit: Estimated expenses for an external audit of the program $246 Liability Insurance: Program share of liability insurance $130 Administrative expenses such as overhead accounting support and payroll services, utilities, building and equipment maintenance, janitorial services, insurances costs, and dues and subscriptions.$87719 Total Direct Cost x 14% = $12280 Staff and Community Advocates Transportation: Local travel calculated at $0.58 per mile for approximately 600 miles per month for travel to unincorporated Fresno County communities to conduct presentations, trainings, meetings with local community leaders, and meetings with Community Advocates. 650-655 miles per month x $0.58 x 12 months= $4176 Staff Training and Registration: $1000 for 1-2 trainings for the Project Coordinator and at least 1 CAM Advocate to increase knowledge on tobacco related topics or community organizing. Community Advocates Stipend: Stipends for 10 Community Advocates who participate in the Project x $800 annually = $8000 Total: $12280 TOTAL PROGRAM EXPENSE: Financial Services Expenses – Line Items 1081-1082 Total: $25138 Total: $376 Educational Materials: Materials used by CAM Advocates and the Project Coordinator to educate the community about the impact of tobacco in their community and to promote the CAM Project. Materials can include brochures, educational displays, posters, interactive displays, table cloth, polo shirts for the CAM advocates and Program Coordinator, canopy for use at community events, and other materials used in the education of the public. 600 x $2 per brochure= $1200; $250 x 2-3 educational/interactive displays= $500; $300 x 1 table cloth= $300; $40 Polo Shirts x 11 (10 advocates/Coordinator)= $440, $900 x 1 canopy= $900; Total= $3340 Incentives: Incentives to be selected by CAM Advocates to foster participation in the community in CAM Activities (e.g. public opinion polls). CAM advocates will select and purchase gift cards in preparation for their data collection efforts. 185 Gift Cards x $5= $925 Indirect Cost EXHIBIT B PERSONNEL SALARIES:Annual Salary % FTE1 Benefit Rate2 Benefit Cost 0001 Project Coordinator 41,250$ 100.00%22%9,075$ 0002 Project Director 70,598$ 5%22%777$ Sub-Total 44,779.90$ 1.1 9,852$ SALARIES TOTAL 54,631$ 1010 Rent/Lease Building $4,331.00 1011 Equipment $3,243.00 FACILITY/EQUIPMENT TOTAL $7,574.00 1060 Telephone and Computer Network $1,100.00 1062 Postage $150.00 1063 Printing/Copying $3,000.00 1066 Office Supplies $2,199.80 1072 Staff and Community Advocates Transportation $4,176.00 1074 Staff Training/Registration $1,000.00 1076 Community Advocates Stipends $8,000.00 1077 Food $1,247.00 1078 Educational Materials $3,340.00 1079 Incentives $925.00 OPERATING EXPENSES TOTAL $25,137.80 1081 External Audit $246.00 1082 Liability Insurance $130.00 FINANCIAL SERVICES TOTAL $376.00 TOTAL DIRECT COSTS $87,719.28 INDIRECT COSTS 3 Not to exceed 15% of total direct costs.$12,280.70 $100,000 Fresno County CAM Program California Health Collaborative FY 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 Items 0001- 0042 Fringe: Calculated at 22% of employee salaries, includes FICA/OASDI, State Unemployment - SUI, Medical/Health Benefits, Dental Benefits, Vision Benefits, Retirement Benefits, Worker's Compensation Telephone and Computer Network: Communication expenses related to operating phones and internet to support Scope of Work activities. $100 x 12= $1200 Postage: Expenses for project mailings such as daily correspondence, invoices, mailings of educational information and materials, if requested by the community, and dissemination of evaluation findings. Costs vary month to month but average $15 per month. $15 per month x 12 months= $180 Printing/Coping: Expenses for printing of materials developed in approved Scope of Work activities, $200 per month x 12 months= $2400 Office Supplies: General office supplies used by staff and community advocates in the completion of Scope of Work activities. $200 per month x 12 months= $2400 Staff and Community Advocates Transportation: Local travel calculated at $0.58 per mile for approximately 600 miles per month for travel to unincorporated Fresno County communities to conduct presentations, trainings, meetings with local community leaders, and meetings with Community Advocates. 600 miles per month x $0.58 x 12 months= $4176 Operating Expenses - Line Items 1060-1077 Fringe: $48672 x 22%= $10708 Total Salary & Fringe: $59380 Total: $64,219 Facilities/Equipment Expenses – Line Items 1010-1011 Rent: 150 sq ft x $2.50 sq ft x 1.05 FTE x 12 months= $4725 Equipment: No equipment related costs during Year 2 of the contract period. Salary: $2028 x 100% FTE x 24 PP= $48672 Fresno County CAM Program California Health Collaborative 2020-2021 PROGRAM EXPENSES NARRATIVE The Project Director (PD) provides direct administration, supervision, and leadership to the program. Supervises the Program Coordinator, completes reports, supports evaluation activities, and assists with coordinating the activities of the project. Salary: $3305 X 5% FTE X 24 PP=$3966 Fringe: $3966 x 22% = $873 Total Salary & Fringe: $4839 The Program Coordinator (PC) is the project liaison in the targeted Fresno County region. The PC works in conjunction with the PD on a daily basis and assists with coordinating volunteers and program participants, performing program assessments, development of program materials, supports program evaluation, and implementation of SOW activities. Total: $4725 Special Expenses - Line Item 1090 $100,000 Total: $10714 TOTAL PROGRAM EXPENSE: Staff Training and Registration: $600 for 1-2 trainings for the Project Coordinator and 1 CAM Advocate to increase knowledge on tobacco related topics or community organizing. Financial Services Expenses – Line Items 1081-1082 External Audit: Estimated expenses for an external audit of the program $246 Liability Insurance: Program share of liability insurance $130 Total: $376 Indirect Cost Administrative expenses such as overhead accounting support and payroll services, utilities, building and equipment maintenance, janitorial services, insurances costs, and dues and subscriptions.$89285.73 Total Direct Cost x 12% = $10714 Total: $19966 Consultant (Network and Data Management): No costs associated with a Consultant for Year 2 Community Advocates Stipend: Stipends for 10 Community Advocates who participate in the Project x $800 annually = $8000 Food: Food and Refreshments for trainings and meetings with Community Advocates. $50 per advocate x 10 advocates= $500 + $510 for food and refreshments for community presentations= $1010 PERSONNEL SALARIES:Annual Salary % FTE1 Benefit Rate2 Benefit Cost 0001 Project Coordinator 48,672$ 100.00%22%10,708$ 0002 Project Director 79,326$ 5%22%873$ Sub-Total 52,638.30$ 1.1 11,580$ SALARIES TOTAL 64,219$ 1010 Rent/Lease Building $4,725.00 1011 Rent/Lease Equipment $0.00 FACILITY/EQUIPMENT TOTAL $4,725.00 1060 Telephone $1,200.00 1062 Postage $180.00 1063 Printing/Copying $2,400.00 1066 Office Supplies $2,400.00 1072 Staff and Community Advocates Transportation $4,176.00 1074 Staff Training/Registration $600.00 1076 Community Advocates Stipends $8,000.00 1077 Food $1,010.00 OPERATING EXPENSES TOTAL $19,966.00 1081 External Audit $246.00 1082 Liability Insurance $130.00 FINANCIAL SERVICES TOTAL $376.00 1090 $0.00 SPECIAL EXPENSES TOTAL $0.00 TOTAL DIRECT COSTS $89,285.73 INDIRECT COSTS 3 Not to exceed 15% of total direct costs.$10,714.29 $100,000 Consultant (Network & Data Management) TOTAL PROGRAM EXPENSES YEAR 2 4 Line Item Description (Must be itemized) FACILITIES/EQUIPMENT EXPENSES: OPERATING EXPENSES: FINANCIAL SERVICES EXPENSES: SPECIAL EXPENSES (Consultant/Etc.): Budget Categories - Fresno County CAM Program CALIFORNIA HEALTH COLLABORATIVE EXHIBIT B FY July 1, 2020 - June 30, 2021 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. EXHIBIT C Local Lead Agency Guidelines July 2017 California Tobacco Control Program California Department of Public Health Page 2 of 4 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. EXHIBIT C Local Lead Agency Guidelines July 2017 California Tobacco Control Program California Department of Public Health Page 3 of 4 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: EXHIBIT C Local Lead Agency Guidelines July 2017 California Tobacco Control Program California Department of Public Health Page 4 of 4 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: