HomeMy WebLinkAboutFresno County Superintendent of Schools-Nutrition Education Services_A-16-698-2 .pdfCounty of Fresno
Board of Supervisors
Minute Order
Hall of Records, Room 301
2281 Tulare Street
Fresno, California
93721-2198
Telephone: (559) 600-3529
Toll Free: 1-800-742-1011
www.co.fresno.ca.us
May 12, 2020
Present:Chairman Buddy Mendes, Vice Chairman Steve Brandau, Supervisor Nathan Magsig,
Supervisor Brian Pacheco, and Supervisor Sal Quintero
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Agenda No. 31.Public Health File ID: 20-0253
Approve and authorize the Chairman to execute a retroactive Second Amendment to Agreement No.
16-698 with Fresno County Superintendent of Schools, to revise the scope of work, add federally
required terms and conditions, and adjust the budget, retroactively from December 13, 2016, with no
change in term through September 30, 2021, or compensation maximum of $1,556,000
Re:
APPROVED AS RECOMMENDED
Ayes:Mendes, Brandau, Magsig, Pacheco, and Quintero5 -
Agreement No. 16-698-2
Page 41County of Fresno
Board Agenda Item 31
DATE:May 12, 2020
TO:Board of Supervisors
SUBMITTED BY:David Pomaville, Director, Department of Public Health
SUBJECT:Second Amendment to Agreement with Fresno County Superintendent of Schools
RECOMMENDED ACTION(S):
Approve and authorize the Chairman to execute a retroactive Second Amendment to Agreement
No. 16-698 with Fresno County Superintendent of Schools, to revise the scope of work, add
federally required terms and conditions, and adjust the budget, retroactively from December 13,
2016, with no change in term through September 30, 2021, or compensation maximum of $1,556,000.
Approval of the recommended action will revise Fresno County Superintendent of Schools’ (FCSS) scope of
work activities to increase community training events with an emphasis on Safe Routes to School and active
transportation, redistribute budget line items to correspond with the revised scope of work, and incorporate
federally required terms and conditions, with no change to the term, maximum compensation, or Net County
Cost. This item affects District 4.
ALTERNATIVE ACTION(S):
There is no viable alternative action. Should your Board not approve the recommended action, the scope of
work and budget would not be updated, and the agreement would not reflect federally required terms and
conditions to satisfy the federal funding compliance notification requirements.
RETROACTIVE AMENDMENT:
The recommended Amendment is retroactive to December 13, 2016 in order to satisfy mandated
compliance with required federal terms and conditions.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The recommended
amendment will not change the maximum compensation of $1,556,000, and there are no outstanding
invoices waiting to be paid. The agreement is fully offset by the Nutrition Education and Obesity Prevention
(NEOP) grant provided by the California Department of Public Health (CDPH). Sufficient appropriations and
estimated revenues are included in the FY 2019-20 Adopted Budget for the Department of Public Health,
Org 5620 and will be requested for the duration of the agreement.
DISCUSSION:
On December 13, 2016, the Board approved Agreement No. 16-698 with FCSS to provide nutrition
education in classrooms and afterschool programs in targeted low-income County communities. The
agreement is fully funded by the Department’s NEOP grant from CDPH, which receives federal funds to
Page 1 County of Fresno File Number: 20-0253
File Number: 20-0253
implement the grant. On June 20, 2017, the Board approved an amendment to increase the maximum by
$169,000 to $883,000 with no change in the term to expand services. On August 2, 2019, the Department
Director approved extending the term for an additional year through September 30, 2020.
If approved, the recommended amendment will modify Year Four (October 1, 2019 - September 30, 2020)
budget by redistributing salary savings to add activities with more emphasis on Safe Routes to School and
Active Transportation initiatives in Parlier, Reedley, and Sanger. Additional office supplies and building/space
expense increases help expand program training events and facilitate ongoing community support
surrounding these initiatives, with no increase in the maximum compensation. The NEOP program engages
and empowers residents in highly vulnerable communities to live healthier, more active lives, and educates
the community leaders of the impact that policies, systems, and environments have on health.
The recommended amendment also incorporates language to contractually inform and mandate the
contractor to comply with federal terms and conditions which are a requirement when any agreement
is funded in part or whole with federal funds. All other terms of the agreement remain unchanged.
REFERENCE MATERIAL:
BAI #67, June 20, 2017
BAI #36, December 13, 2016
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Second Amendment to Agreement No. 16-698
CAO ANALYST:
Raul Guerra
Page 2 County of Fresno File Number: 20-0253
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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (hereinafter “Second Amendment”) is
made and entered into this 12th day of May, 2020, by and between COUNTY OF FRESNO, a Political
Subdivision of the State of California, Fresno, California (hereinafter “COUNTY”), and FRESNO
COUNTY SUPERINTENDENT OF SCHOOLS, a California Educational Organization, whose address is
1111 Van Ness Avenue, Fresno, California, 93721 (hereinafter "CONTRACTOR").
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. A-16-698, dated
December 13, 2016, and First Amendment No. A-16-698-1 dated June 20, 2017 (hereinafter
collectively referred to as “Agreement”), pursuant to which CONTRACTOR agreed to provide nutrition
education in schools and afterschool programs to COUNTY; and
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
incorporate federally required terms and budget modifications without increasing the maximum
compensation amount payable, as stated below and restate the Agreement in its entirety.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.That the following section be inserted into the existing COUNTY Agreement No. A-16-
698 at Page Twelve (12), Line Twenty (20), with the number “22”:
“22. SINGLE AUDIT CLAUSE
COUNTY and CONTRACTOR, their officers, consultants, subcontractors, agents, and
employees shall comply with all applicable State, Federal, and local laws and regulations governing
projects that utilize Federal Funds including those identified in Exhibit E, attached hereto and
incorporated herein by reference.
A.If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000)
or more in Federal and Federal flow-through monies, CONTRACTOR agrees to conduct an annual
audit in accordance with the requirements of the Single Audit Standards as set forth in Office of
Management and Budget (OMB) Title 2 of the Code of Federal Regulations, Chapter II, Part 200.
CONTRACTOR shall submit said audit and management letter to COUNTY. The audit must include a
Agreement No. 16-698-2
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statement of findings or a statement that there were no findings. If there were negative findings,
CONTRACTOR must include a corrective action plan signed by an authorized individual.
CONTRACTOR agrees to take action to correct any material non-compliance or weakness found as a
result of such audit. Such audit shall be delivered to COUNTY’s Department of Public Health
Administration for review within nine (9) months of the end of any fiscal year in which funds were
expended and/or received for the program. Failure to perform the requisite audit functions as required
by this Agreement may result in COUNTY performing the necessary audit tasks, or at COUNTY’s
option, contracting with a public accountant to perform said audit, or, may result in the inability of
COUNTY to enter into future agreements with CONTRACTOR.
B. A single audit report is not applicable if all CONTRACTOR’s Federal contracts
do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or CONTRACTOR’S
federal funding is through Drug Medi-Cal.”
2. That the existing COUNTY Agreement No. A-16-698 Paragraphs Twenty-Two (22)
through Twenty-Five (25) be renumbered to read Paragraphs Twenty-Three (23) through Twenty-Six
(26).
3. That all references in existing COUNTY Agreement Nos. A-16-698, and A-16-698-1 to
“Exhibit A” and “Revised Exhibit A” be changed to read “Revised Exhibit A1”, where appropriate. A
copy of Revised Exhibit A1 is attached hereto and incorporated herein by reference.
4. That all references in existing COUNTY Agreement Nos. A-16-698, and A-16-698-1 to
“Exhibit B” and “Revised Exhibit B” be changed to read “Revised Exhibit B1”, where appropriate. A
copy of Revised Exhibit B1 is attached hereto and incorporated herein by reference.
5. Except as otherwise provided in this Second Amendment, all other provisions of the
Agreement remain unchanged and in full force and effect. This Second Amendment shall become
effective retroactive to December 13, 2016.
COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to again amend
the Agreement and, that upon execution of this Second Amendment, the Agreement, the First
Amendment, and this Second Amendment together shall be considered “the Agreement”.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
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covenants, conditions and promises contained in the Agreement and not amended herein shall remain
in full force and effect.
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EXECUTED AND EFFECTIVE as of the date first above set forth .
CONTRACTOR:
Fresno County Superintendent of Schools
10 Jim A. Yovino, Superintendent
Print Name & Title
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1111 Van Ness Avenue, Fresno, CA 93721
Mailing Address
FOR ACCOUNTNG
USE ONLY:
ORG No.:
25 Account No.:
56201662
7295
0001/10000
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Fund/Subclass:
SA
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COUNTY OF FRESNO:
Ernest Buddy Mendes, irman of the Board
of Supervisors of the County of Fresno
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno , State of Californ ia
By:
Deputy