Request for Qualifications â Healthy Schools RFQ - County of Sonoma
Request for Qualifications â Healthy Schools RFQ - County of Sonoma
Request for Qualifications â Healthy Schools RFQ - County of Sonoma
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COUNTY OF SONOMA<br />
DEPARTMENT OF HEALTH SERVICES<br />
Rita Scardaci, PHN, MPH – Director<br />
Date: January 17, 2013<br />
To: All <strong>Sonoma</strong> <strong>County</strong> Elementary <strong>Schools</strong> with at least 50% <strong>of</strong> the student population<br />
qualifying <strong>for</strong> the Free and Reduced Priced Meal Program (FRPM)<br />
From: <strong>County</strong> <strong>of</strong> <strong>Sonoma</strong>, Department <strong>of</strong> Health Services<br />
REQUEST FOR QUALIFICATIONS<br />
The <strong>Sonoma</strong> <strong>County</strong> Department <strong>of</strong> Health Services (Department, DHS) announces the release<br />
<strong>of</strong> a request <strong>for</strong> qualifications (<strong>RFQ</strong>) <strong>for</strong> elementary schools in <strong>Sonoma</strong> <strong>County</strong> interested in<br />
implementing the SNAP-Ed Nutrition Education Program. This <strong>RFQ</strong> complies with all funding<br />
source recommendations and requirements.<br />
The Department reserves the right to issue an award under this <strong>RFQ</strong> to a single or multiple<br />
individuals or firms, at its sole discretion. If the Department determines that no proposer meets<br />
the requirements <strong>of</strong> this <strong>RFQ</strong>, the Department, at its sole discretion, reserves the right to reject all<br />
proposals. The Department may award all, or a portion there<strong>of</strong>, <strong>of</strong> services at its sole discretion.<br />
More in<strong>for</strong>mation about the <strong>County</strong>’s purchasing policies can be found on:<br />
http://www.sonoma-county.org/purchasing/selling.htm<br />
<strong>Qualifications</strong> Due: February 19, 2013 3:00 PM<br />
Responses to this <strong>RFQ</strong> must be received on or be<strong>for</strong>e February 19, 2013. Proposers may submit<br />
(1) electronic copy <strong>of</strong> the full responses via email OR one (1) original hard copy <strong>of</strong> the full<br />
responses. Electronic copy proposals shall be submitted to: PreventionInfo@sonoma-county.org.<br />
Hard copy responses must be enclosed in a sealed envelope or package and clearly marked<br />
“Department <strong>of</strong> Health Services, HPPE, <strong>Healthy</strong> <strong>Schools</strong> <strong>RFQ</strong>” and submitted to the address<br />
below. Responses are due on or be<strong>for</strong>e 3:00pm on February 19, 2013. Any responses received<br />
after that time and date may, at the <strong>County</strong>’s sole discretion, be deemed non-responsive.<br />
Sarah Underwood<br />
<strong>Sonoma</strong> <strong>County</strong> Department <strong>of</strong> Health Services<br />
Health Policy, Planning & Evaluation Division<br />
490 Mendocino Ave., Suite 202<br />
Santa Rosa, CA 95401<br />
Rev. Oct. 2011 Page 1 <strong>of</strong> 73
Pre-Application Support Call (90-minute conference call)<br />
Potential applicants may participate in pre-application conference calls <strong>for</strong> in<strong>for</strong>mation on this<br />
<strong>RFQ</strong>. The calls will be held on January 24, 2013 at 3:30pm. The conference call can be<br />
accessed by calling (707) 565-7582. Please note that participation is limited to 30 callers.<br />
Questions pertaining to this <strong>RFQ</strong> may be submitted prior to the Pre-Application Support Call via<br />
email by 12:00pm on January 22, 2013 to: PreventionInfo@sonoma-county.org<br />
When the <strong>County</strong> has completed its review <strong>of</strong> the questions, all questions and answers will be e-<br />
mailed to school representatives that were originally sent the RFP, including individuals that<br />
submitted questions, and will be posted on the <strong>Request</strong> <strong>for</strong> Proposals/<strong>Request</strong> <strong>for</strong> <strong>Qualifications</strong><br />
page on the <strong>County</strong>’s purchasing web page on or be<strong>for</strong>e January 28, 2013:<br />
http://www.sonoma-county.org/purchasing/rfps.htm<br />
PROJECT BACKGROUND<br />
The <strong>Sonoma</strong> <strong>County</strong> Department <strong>of</strong> Health Services (DHS) is soliciting request <strong>for</strong> qualifications<br />
from schools to assist with the implementation <strong>of</strong> the following project:<br />
SNAP-Ed Nutrition Education: The Supplemental Nutrition Assistance Program-<br />
Education (SNAP-Ed) is a comprehensive public health nutrition program to promote the<br />
2010 Dietary Guidelines, increase fruit and vegetable consumption, and increase physical<br />
activity among the SNAP eligible population. Selected proposers will implement<br />
classroom nutrition education as described in the Attachment B: SNAP-Ed Scope <strong>of</strong><br />
Work.<br />
Supplemental Nutrition Assistance Program-Education (SNAP-Ed)<br />
In May 2012, Cali<strong>for</strong>nia’s Departments <strong>of</strong> Public Health (CDPH) released a Funding Application<br />
Packet (FAP) inviting Local Health Departments and Local Health Jurisdictions (LHJs) to<br />
receive funding from the Network to implement comprehensive Supplemental Nutrition<br />
Assistance Program-Education (SNAP-Ed) programs <strong>for</strong> the 2013 Federal Fiscal Year (October<br />
1, 2012 – September 30, 2013). Cali<strong>for</strong>nia’s SNAP-Ed Plan is funded federally by the United<br />
States Department <strong>of</strong> Agriculture (USDA) and administered at the state level by the CDPH’s<br />
Network <strong>for</strong> a <strong>Healthy</strong> Cali<strong>for</strong>nia (Network). The SNAP-Ed program is intended to provide<br />
nutrition education and obesity prevention to low-income households.<br />
As the local lead health agency, the <strong>County</strong> <strong>of</strong> <strong>Sonoma</strong>’s Department <strong>of</strong> Health Services (DHS)<br />
will coordinate implementation <strong>of</strong> countywide, multi-level nutrition education interventions to<br />
SNAP-eligible families as described in the Scope <strong>of</strong> Work (SOW) located at the following<br />
address: www.cdph.ca.gov/programs/cpns/Pages/Network-LHD-FAP2013.aspx. The SOW must<br />
be implemented in accordance with the allowable services outlined in the USDA SNAP-Ed Plan<br />
Rev. Oct. 2011 Page 2 <strong>of</strong> 73
Guidance located at the following link: www.nal.usda.gov/fsn/Guidance/FY2013SNAP-<br />
EdPlanGuidance.pdf. The 2013 guidelines reflect the public health program approaches deemed<br />
allowable in the <strong>Healthy</strong> Hunger Free Kids Act <strong>of</strong> 2010 (S. 3307; PL 111-296). Specific CDPH<br />
guidelines <strong>for</strong> program administration can be found at:<br />
www.cdph.ca.gov/programs/cpns/Pages/ProgramLetters.aspx and<br />
www.cdph.ca.gov/programs/cpns/Pages/GuidelinesManual.aspx.<br />
The goal <strong>of</strong> the SNAP-Ed Program in Cali<strong>for</strong>nia is to “empower and enable SNAP-Ed<br />
participants to select healthy foods and beverages and increase physical activity through nutrition<br />
education, social marketing and environmental supports.”<br />
The LHJ funding opportunity is a result <strong>of</strong> CDPH's planning process to maximize the health<br />
impact <strong>for</strong> low-income populations.<br />
PROJECT SCOPE<br />
If a proposer is selected, it is anticipated that the selected proposer will be responsible <strong>for</strong><br />
assisting with the implementation <strong>of</strong> the SNAP-Ed Nutrition Education project. Please see<br />
Attachment B <strong>for</strong> the SNAP-Ed scope <strong>of</strong> work, which outlines the activities, responsible party,<br />
deliverables, and timeframe <strong>for</strong> the project.<br />
TERM OF AGREEMENT<br />
The term <strong>of</strong> agreement <strong>for</strong> the SNAP-Ed Nutrition Education project will be from August 2013<br />
through June 2016. The total funding available <strong>for</strong> the SNAP-Ed Nutrition Education is up to<br />
$98,172 per school <strong>for</strong> the term <strong>of</strong> the agreement.<br />
PLEASE NOTE: SNAP-Ed Nutrition Education funding is subject to an annual appropriation<br />
by the U.S. Department <strong>of</strong> Agriculture and the availability <strong>of</strong> funds as determined by the<br />
Cali<strong>for</strong>nia Department <strong>of</strong> Public Health. If full funding is not available, DHS will either cancel<br />
the resulting agreement or amend it to reflect reduced funding and reduced activities.<br />
The Department will be responsible, at its sole discretion, <strong>for</strong> issuing awards under this <strong>RFQ</strong>.<br />
Funding will be distributed directly by the Department subject to <strong>County</strong> policies and<br />
procedures.<br />
DESIRED QUALIFICATIONS<br />
The Department seeks <strong>Sonoma</strong> <strong>County</strong> schools with proven expertise and experience in<br />
delivering public health and wellness programs. Desired qualifications include:<br />
1. Elementary school located in <strong>Sonoma</strong> <strong>County</strong><br />
2. At least 50% <strong>of</strong> the student population qualifying <strong>for</strong> the Free and Reduced Priced Meal<br />
Program (FRPM)<br />
3. Existing wellness committee or ability to convene a wellness committee<br />
Rev. Oct. 2011 Page 3 <strong>of</strong> 73
4. Ability to secure school board, administrative, teacher, and nutrition services support <strong>for</strong><br />
program(s) selected<br />
5. Ability to work collaboratively with partners and stakeholders<br />
REQUIREMENTS OF THE STATEMENT OF QUALIFICATIONS<br />
Please complete the Statement <strong>of</strong> <strong>Qualifications</strong> Survey (Attachment A) and submit it with your<br />
application. Also, provide a brief response to each <strong>of</strong> the following questions. Limit your<br />
response to these questions to a total <strong>of</strong> two (2) typed pages.<br />
1. What are the key factors to consider when implementing a school-wide health or wellness<br />
program? If applicable, please provide examples.<br />
2. Describe how your school will secure administrative, teacher, and nutrition services staff<br />
support <strong>for</strong> program implementation.<br />
3. What relationship do you see your wellness committee having with the program(s)?<br />
4. Describe your experience building and maintaining collaborative partnerships with other<br />
organizations and agencies.<br />
ADDITIONAL REQUIRED INFORMATION<br />
1. Cover Letter<br />
Provide a cover letter that includes the following: 1) confirmation <strong>of</strong> acceptance <strong>of</strong> the<br />
terms <strong>of</strong> the agreement (Attachment D), including the provision <strong>of</strong> required insurance<br />
endorsements (Attachment E), Department <strong>of</strong> Public Health (CDPH) Special Terms and<br />
Conditions (Attachment F), CDPH Additional Provisions (Attachment G), and CDPH<br />
Travel Reimbursement In<strong>for</strong>mation (Attachment H) ; or submit requested revisions; 2)<br />
the proposer’s name or DBA, full mailing address, e-mail address, telephone number, and<br />
the name <strong>of</strong> the primary contact person; and 3) the name, title and organization <strong>of</strong> the<br />
individual authorized to bind contract with the <strong>County</strong> <strong>of</strong> <strong>Sonoma</strong>, and if applicable.<br />
2. Firm Description<br />
Provide a description <strong>of</strong> the firm, IRS status, number <strong>of</strong> years in business, its core<br />
competencies, list <strong>of</strong> board <strong>of</strong> directors, <strong>of</strong>ficers and their term, current year budget,<br />
organizational funding by source (including percentage <strong>of</strong> budget funded by the <strong>Sonoma</strong><br />
<strong>County</strong> Department <strong>of</strong> Health Services), a list <strong>of</strong> all contracts in effect with the <strong>County</strong> <strong>of</strong><br />
<strong>Sonoma</strong>, and a copy <strong>of</strong> the most recent independent financial audit, articles <strong>of</strong><br />
incorporation, and bylaws.<br />
4. Key Personnel<br />
Identify the key personnel and their back-ups that will be assigned to the program.<br />
5. Quality Control<br />
Rev. Oct. 2011 Page 4 <strong>of</strong> 73
Describe the level <strong>of</strong> quality control that you recommend <strong>for</strong> this program. What<br />
characteristics define this level <strong>of</strong> quality?<br />
6. Proposed Approach<br />
Describe your approach to accomplish the work specified in the Project Scope section <strong>of</strong> this<br />
<strong>RFQ</strong>. The response should include:<br />
(i) Project organization and staffing; complete the responsibility column <strong>of</strong> the<br />
proposed scope <strong>of</strong> work(s) in Attachment B.<br />
(ii) Estimated budget <strong>for</strong> proposed project(s), including key personnel, rates, and<br />
operating expenses; use the budget template(s) located in Attachment C.<br />
7. Billing Rates<br />
Provide a copy <strong>of</strong> the current hourly billing rates.<br />
8. Other<br />
Provide any other in<strong>for</strong>mation regarding your qualifications that you feel is appropriate<br />
<strong>for</strong> consideration <strong>for</strong> this specific program or your particular services.<br />
EVALUATION AND SELECTION CRITERIA<br />
Proposals will be reviewed by the Department and evaluated using the following criteria<br />
(note that there is no value or ranking implied in the order <strong>of</strong> this list):<br />
1. Demonstrated ability to per<strong>for</strong>m the services described.<br />
2. Proposed budget and staffing.<br />
3. Proposed approach to project.<br />
4. Completeness <strong>of</strong> proposal.<br />
5. Ability to implement multiple programs at one school site to support a more<br />
comprehensive approach.<br />
6. Any other criteria deemed relevant to evaluation at Department’s sole discretion.<br />
TENTATIVE SELECTION SCHEDULE<br />
January 17, 2013<br />
January 24, 2013 @ 3:30PM<br />
January 28, 2013<br />
February 19, 2013 3:00 PM<br />
Issue <strong>RFQ</strong><br />
Pre-Application Support Call<br />
Response to questions<br />
Statement <strong>of</strong> <strong>Qualifications</strong> due<br />
Rev. Oct. 2011 Page 5 <strong>of</strong> 73
February 20-22, 2013<br />
February 28, 2013<br />
March 7, 2013<br />
March 7-April 30, 2013<br />
Responses evaluated<br />
Issue Notice <strong>of</strong> Intent to Award<br />
Protest period expires<br />
Contract negotiation and execution<br />
(subject to change without notice to proposers)<br />
GENERAL INFORMATION<br />
1. Rights and Regulations<br />
The Department reserves the right to accept any proposal and to negotiate an<br />
agreement with any proposer. The successful proposer will be required to comply<br />
with all applicable equal opportunity laws and regulations.<br />
The Department reserves the right to reject any or all proposals or to waive any<br />
defect or irregularity in a proposal. The Department further reserves the right to<br />
award an agreement to the proposer or proposers that, in the Department’s<br />
judgment, best serves the needs <strong>of</strong> <strong>Sonoma</strong> <strong>County</strong>. All proposers submit their<br />
responses to this <strong>RFQ</strong> to the Department with the understanding that the<br />
Department’s selection is final. Upon submission, all proposals shall be treated as<br />
confidential documents until the selection process is completed. Once the<br />
selections are made, and the applicable protest period is exhausted, all proposals<br />
shall be deemed public record. In the event that a proposer desires to claim<br />
portions <strong>of</strong> its proposal exempt from disclosure, it is incumbent upon the proposer<br />
to clearly identify those portions with the word “Confidential” printed on the top<br />
right hand corner <strong>of</strong> the page. The Department will consider a proposer’s request<br />
<strong>for</strong> exemptions from disclosure; however, the Department, with advice from<br />
<strong>County</strong> Counsel, will make a decision based upon applicable laws. An assertion<br />
by a proposer that the entire proposal, or large portions, is exempt from disclosure<br />
will not be honored.<br />
2. Pre-contractual Expenses<br />
Neither the <strong>County</strong> nor the Department shall be liable <strong>for</strong> any pre-contractual<br />
expenses incurred by the proposer or selected contractor or contractors. The<br />
<strong>County</strong> and the Department shall be held harmless and free from any and all<br />
liability, claims, or expenses whatsoever incurred by, or on behalf <strong>of</strong>, any person<br />
or organization responding to this <strong>RFQ</strong>.<br />
3. Alternatives<br />
If proposers take exception or make alterations to any requirement <strong>of</strong> the <strong>RFQ</strong>,<br />
alternatives must be submitted as separate proposals and so noted on the cover <strong>of</strong><br />
the proposal. The Department reserves the right to consider such alternative<br />
proposals, and to award an agreement based thereon if it is determined to be in the<br />
<strong>County</strong>’s best interest and such proposal satisfies all minimum qualifications<br />
Rev. Oct. 2011 Page 6 <strong>of</strong> 73
specified in the <strong>RFQ</strong>. Proposers must indicate in the cover letter that the proposal<br />
<strong>of</strong>fers an alternative to the <strong>RFQ</strong>.<br />
4. Lobbying<br />
Any party submitting a proposal or a party representing a proposer shall not<br />
influence or attempt to influence any member <strong>of</strong> the Board <strong>of</strong> Supervisors, or any<br />
employee <strong>of</strong> the <strong>County</strong> <strong>of</strong> <strong>Sonoma</strong>, with regard to the acceptance <strong>of</strong> a proposal.<br />
Any party attempting to influence the <strong>RFQ</strong> process through ex-parte contact may<br />
be subject to rejection <strong>of</strong> their proposal at the Department’s sole discretion.<br />
5. Agreement<br />
Proposers shall be willing to provide the required insurance and accept the terms<br />
<strong>of</strong> the Agreement. A sample <strong>of</strong> the Agreement is included as Attachment D. With<br />
few exceptions, the general terms will not be negotiated. Indemnification<br />
provisions in the Agreement, will not be negotiated. Proposers must include in the<br />
cover letter a statement as to their willingness to sign an agreement with the<br />
existing contractual language. Statements must include specifics as to any<br />
contractual language the proposer wishes to change. Please note that any<br />
exceptions or changes to the Agreement may constitute grounds to reject the<br />
proposal. Please note that if you submit a proposal that does not address<br />
exceptions to the agreement you are accepting all terms and conditions contained<br />
therein. False, incomplete, or unresponsive statements in a proposal may be<br />
sufficient cause <strong>for</strong> its rejection at the Department’s sole discretion.<br />
DURATION<br />
All proposals will remain in effect and legally binding <strong>for</strong> at least ninety (90) days.<br />
CANCELLATION OF INTENT TO AWARD<br />
Time is <strong>of</strong> the essence in awarding the agreement(s). The <strong>County</strong> reserves the right to<br />
cancel any intent to award and proceed with the award to other contractors if any selected<br />
contractor has not signed the agreement within two weeks after the notification <strong>of</strong> intent <strong>of</strong><br />
award.<br />
PROTEST PROCESS<br />
Any and all protests must be in writing and must comply with the timelines and<br />
procedures set <strong>for</strong>th at: http://www.sonoma-county.org/purchasing/selling.htm<br />
Rev. Oct. 2011 Page 7 <strong>of</strong> 73
Statement <strong>of</strong> <strong>Qualifications</strong> Survey<br />
Attachment A<br />
Please answer the following questions, submitting one survey per school <strong>for</strong> which you<br />
are submitting a proposal. Your responses will provide the review committee with<br />
in<strong>for</strong>mation on your school’s capacity and interest in implementing components <strong>of</strong> the<br />
identified program(s). Submit the completed survey with your application.<br />
1. What is the name and address <strong>of</strong> the school <strong>for</strong> which you are submitting a proposal?<br />
__________________________________________________________________<br />
2. How many students are currently enrolled at the school?<br />
____________________<br />
3. How many Latino/Hispanic students are currently enrolled at the school?<br />
____________________<br />
4. How many students are eligible <strong>for</strong> the Federal Free and Reduced Priced Meal<br />
Program? ____________________<br />
5. Is your school currently participating in programs aimed at increasing physical<br />
activity, decreasing calorie consumption, or increasing fruit and vegetable<br />
consumption among school-aged children and perhaps their families?<br />
The HEAL Zone Project<br />
<strong>Healthy</strong> <strong>for</strong> Life<br />
Network <strong>for</strong> a <strong>Healthy</strong> Cali<strong>for</strong>nia<br />
Safe Routes to School<br />
Other: _____________________________________________________<br />
Rev. Oct. 2011 Page 9 <strong>of</strong> 73
Statement <strong>of</strong> <strong>Qualifications</strong> Survey<br />
Attachment A<br />
6. Does your school/district have a wellness policy that<br />
includes language on nutrition and physical activity?<br />
YES<br />
NO, but<br />
we have in<br />
the past<br />
NO, but we are<br />
interested in<br />
this activity<br />
NO, we<br />
are not<br />
interested<br />
7. Does your school/district have a wellness committee that<br />
meets regularly?<br />
8. Does your school provide Harvest <strong>of</strong> the Month<br />
education in the classroom?<br />
(www.harvest<strong>of</strong>themonth.cdph.ca.gov)<br />
9. Does your school provide Harvest <strong>of</strong> the Month<br />
education in the cafeteria?<br />
(www.harvest<strong>of</strong>themonth.cdph.ca.gov)<br />
10. Does your school provide classroom education to reduce<br />
consumption <strong>of</strong> sugar-sweetened beverages (e.g.<br />
Rethink Your Drink)?<br />
11. Does your cafeteria participate in farm to school (i.e.<br />
securing produce or food products from local producers<br />
and/or distributers)?<br />
12. Does your school meet state requirements <strong>for</strong> providing<br />
free, fresh drinking water during meal times in school<br />
food service areas?<br />
(www.cde.ca.gov/ls/nu/he/water.asp)<br />
13. Does your school currently implement a Safe Routes to<br />
School program to promote students walking/bicycling<br />
to and from school?<br />
14. Does your school have worksite wellness policies and/or<br />
programs in place?<br />
15. How many teachers at your school are currently teaching<br />
each grade (grades K-6)?<br />
Kindergarten<br />
First<br />
Second<br />
Third<br />
Fourth<br />
Fifth<br />
Sixth<br />
Rev. Oct. 2011 Page 10 <strong>of</strong> 73
Statement <strong>of</strong> <strong>Qualifications</strong> Survey<br />
Attachment A<br />
16. How many students are currently enrolled in each grade<br />
(grades K-6) at your school?<br />
Kindergarten<br />
First<br />
Second<br />
Third<br />
Fourth<br />
Fifth<br />
Sixth<br />
Rev. Oct. 2011 Page 11 <strong>of</strong> 73
SNAP-Ed Scope <strong>of</strong> Work<br />
August 1, 2013 – September 30, 2016<br />
Attachment B<br />
GOAL 1:<br />
Objective 1:<br />
The target population (Supplemental Nutrition Assistance Program-Education (SNAP-Ed)/Nutrition Education and Obesity<br />
Prevention (NEOP) participants and those eligible up to 185% Federal Poverty Level (FPL)) is empowered and enabled to select<br />
healthy foods and beverages and increase physical activity through nutrition education, social marketing and environmental<br />
supports.<br />
School will increase nutrition education and physical activity opportunities and social marketing strategies that increase access<br />
and consumption <strong>of</strong> healthy food and beverages on campus.<br />
Activities<br />
1. Attend SNAP-Ed project meetings and Community Activity and Nutrition Coalition<br />
(CAN-C) <strong>Healthy</strong> Students Subcommittee meetings, as needed, to strategically<br />
implement the <strong>County</strong> <strong>of</strong> <strong>Sonoma</strong>’s Department <strong>of</strong> Health Services (DHS) scope <strong>of</strong><br />
work.<br />
Responsible<br />
Party<br />
Timeframe<br />
Aug 2013 –<br />
Sept. 2016<br />
Deliverables<br />
Record <strong>of</strong><br />
participation<br />
2. Annually, attend up to two Network-sponsored meetings, trainings and conferences<br />
regionally and/or in Sacramento that may include the following: Community<br />
Engagement trainings, Regional Network Collaborative meetings, Networksponsored<br />
state and/or regional trainings and any other non-Network sponsored<br />
trainings that have been pre-approved by State Program Managers.<br />
Aug 2013 –<br />
Sept. 2016<br />
Copies <strong>of</strong> agendas,<br />
record <strong>of</strong><br />
participation<br />
3. Use the United States Department <strong>of</strong> Agriculture (USDA) regulations and guidelines<br />
to ensure all activities are allowable and appropriately documented.<br />
- http://www.nal.usda.gov/fsn/Guidance/FY2013SNAP-EdPlanGuidance.pdf<br />
Aug 2013 –<br />
Sept. 2016<br />
Documents (on file)<br />
4. Comply with the Network Guideline Manual and Program Letter updates.<br />
- http://www.cdph.ca.gov/programs/cpns/Pages/ProgramLetters.aspx<br />
- http://www.cdph.ca.gov/programs/cpns/Pages/GuidelinesManual.aspx<br />
Aug 2013–<br />
Sept. 2016<br />
Documents (on file)<br />
5. Establish commitment <strong>of</strong> support <strong>for</strong> nutrition education interventions, wellness<br />
policy expansion, and staff development from school staff, administration, nutrition<br />
services, parents, and school board to increase healthy food and beverage access and<br />
increase opportunities <strong>for</strong> physical activities throughout the day.<br />
Aug 2013–<br />
Sept. 2016<br />
Record <strong>of</strong> activities<br />
and communications<br />
on file<br />
Rev. Oct. 2011 Page 15 <strong>of</strong> 73
SNAP-Ed Scope <strong>of</strong> Work<br />
August 1, 2013 – September 30, 2016<br />
Attachment B<br />
Activities<br />
6. Recruit, hire and/or assign a School Wellness Coordinator, teacher liaison(s), and/or<br />
food service staff to coordinate the grant and ensure school meets required activities<br />
and report outcomes.<br />
Responsible<br />
Party<br />
Timeframe<br />
Aug 2013–<br />
Oct. 2013<br />
Deliverables<br />
Staff assignment/Job<br />
description<br />
7. Work with SNAP-Ed staff to set up a tracking system to collect data on the nutrition<br />
education obesity prevention interventions at school site.<br />
Aug 2013–<br />
Sept. 2016<br />
EARS/ATF<br />
8. Work with SNAP-Ed staff to conduct evaluation. Aug 2013–<br />
Sept. 2016<br />
9. Assist SNAP-Ed staff with disseminating and collecting school wellness assessments<br />
April:<br />
at the end <strong>of</strong> every academic year from principals, food service, teachers and<br />
2014<br />
wellness committee representative.<br />
2015<br />
2016<br />
Report on evaluation<br />
results<br />
Annual school<br />
wellness assessment<br />
Rev. Oct. 2011 Page 16 <strong>of</strong> 73
SNAP-Ed Scope <strong>of</strong> Work<br />
August 1, 2013 – September 30, 2016<br />
Attachment B<br />
Objective 2: School will increase the number <strong>of</strong> robust wellness policy provisions adopted by the school and/or district to improve eating and<br />
physical activity environments <strong>of</strong> the school.<br />
Activities<br />
1. Communicate current school wellness policies to parents, students, teachers and other<br />
staff throughout the school year.<br />
2. Staff will provide technical support to classroom teachers, child nutrition personnel,<br />
administrators on school wellness policy updates that support the nutrition education<br />
obesity prevention messages.<br />
3. Convene and attend district wellness committee meetings which will meet at least<br />
three times per school year (at least one in the fall and at least two in the<br />
winter/spring) to establish school wellness plan <strong>for</strong> implementing, updating and/or<br />
measuring programs and policies.<br />
4. Involve parents, students, school board, school administrators, and school nutrition<br />
services in developing, identifying, and/or modifying school/district wellness policies<br />
that may include, but are not limited to, the following:<br />
• <strong>Healthy</strong> breakfast and lunches<br />
• Harvest <strong>of</strong> the Month<br />
• Cafeteria water stations<br />
• Structured nutrition and physical activity classroom education<br />
• Farm to school<br />
• School Garden and Garden to Cafeteria<br />
• School salad bars<br />
• <strong>Healthy</strong> food procurement (i.e. vending machines, fundraisers, events)<br />
• Competitive food standards<br />
Person<br />
Responsible<br />
Timeline<br />
Aug 2013 –<br />
Sept. 2016<br />
Aug 2013 –<br />
Sept. 2016<br />
Aug 2013 –<br />
Sept. 2016<br />
Aug 2013 –<br />
Sept. 2016<br />
Deliverables and<br />
Outcomes<br />
Summary <strong>of</strong><br />
communication<br />
ef<strong>for</strong>ts<br />
Log <strong>of</strong> technical<br />
support<br />
District Wellness<br />
Committee minutes<br />
Modified school<br />
wellness policies<br />
5. Recommend adoption <strong>of</strong> new or updated school/district wellness policies to the<br />
School Board.<br />
Aug 2015 –<br />
June 2016<br />
Board minutes<br />
Adopted policy<br />
Rev. Oct. 2011 Page 17 <strong>of</strong> 73
SNAP-Ed Scope <strong>of</strong> Work<br />
August 1, 2013 – September 30, 2016<br />
Attachment B<br />
Objective 3: School will integrate Harvest <strong>of</strong> the Month (HOTM) program into child nutrition services.<br />
Activities<br />
1. Work with the Network <strong>for</strong> <strong>Healthy</strong> Cali<strong>for</strong>nia to train school nutrition services staff<br />
on nutrition education, food safety, and Harvest <strong>of</strong> the Month.<br />
Person<br />
Responsible<br />
Timeline<br />
Annually: Aug<br />
– Sept<br />
Deliverables and<br />
Outcomes<br />
Training sign-in<br />
sheet<br />
2. Create breakfast and lunch meals and salad bars that incorporate, as much as<br />
possible, HOTM featured produce each month.<br />
3. Display educational and promotional materials in the cafeteria to promote HOTM<br />
each month.<br />
4. Promote HOTM featured produce each month by providing teachers, parents, and<br />
students with educational materials (e.g. newsletters, menu slicks, posting on school<br />
website, etc.).<br />
Aug 2013 –<br />
Sept. 2016<br />
Aug 2013 –<br />
Sept. 2016<br />
Aug 2013 –<br />
Sept. 2016<br />
School breakfast,<br />
lunch and salad bar<br />
menus will reflect<br />
incorporation <strong>of</strong><br />
HOTM produce<br />
Summary <strong>of</strong><br />
cafeteria<br />
promotional<br />
materials<br />
Summary <strong>of</strong><br />
communication<br />
ef<strong>for</strong>ts<br />
5. Coordinate with child nutrition services staff, teachers and/or in-class insturctors at<br />
the beginning <strong>of</strong> each semester to determine the best days and times to pick up<br />
prepared HOTM produce <strong>for</strong> in-class nutrition education.<br />
Aug 2013 –<br />
Sept. 2016<br />
HOTM school<br />
schedule<br />
6. Provide prepared HOTM produce <strong>for</strong> 2 nd -5 th grade classrooms each month. Aug 2013 –<br />
Sept. 2016<br />
HOTM school<br />
schedule<br />
Rev. Oct. 2011 Page 18 <strong>of</strong> 73
SNAP-Ed Scope <strong>of</strong> Work<br />
August 1, 2013 – September 30, 2016<br />
Attachment B<br />
Objective 4: All 2 nd -5 th grade teachers will provide students with 30 minutes <strong>of</strong> structured classroom-based nutrition and physical activity education<br />
curriculum twice a month.<br />
Activities<br />
1. Collaborate with DHS, Network <strong>for</strong> a <strong>Healthy</strong> Cali<strong>for</strong>nia, teachers and other partners<br />
to identify best-practice curriculum (e.g., Harvest <strong>of</strong> the Month, PowerPlay, Rethink<br />
Your Drink, Dairy Council) and develop a program <strong>for</strong> 2 nd - 5 th graders.<br />
Person<br />
Responsible<br />
Timeline<br />
Aug 2013 –<br />
Dec. 2013<br />
Deliverables and<br />
Outcomes<br />
Summary <strong>of</strong><br />
collaboration ef<strong>for</strong>t<br />
2. Coordinate the review <strong>of</strong> any newly proposed curriculum. Aug 2013 –<br />
Dec. 2013<br />
3. Obtain posters, recipes, materials and food supplies to conduct nutrition education and<br />
Aug 2013 –<br />
tasting demonstrations <strong>for</strong> students, including one HOTM classroom tasting each month.<br />
Sept 2016<br />
(Note: All nutrition education materials, including curricula, must be approved by the Network<br />
prior to use and distribution. DHS staff will coordinate the approval process and will purchase<br />
educational materials, displays/models, and equipment <strong>for</strong> all contractors. DHS will also provide<br />
duplication and printing <strong>of</strong> materials, as needed.)<br />
5. Train 2 nd -5 th grade teachers/in-class instructors to provide nutrition education to<br />
students, including Harvest <strong>of</strong> the Month.<br />
6. Provide nutrition education to students in grades 2 nd -5 th , including monthly HOTM<br />
tastings.<br />
7. Coordinate the distribution <strong>of</strong> a mid-year survey to teachers to assess nutrition<br />
education implementation.<br />
8. Partner with DHS to set-up teacher focus groups to assess implementation and plan <strong>for</strong><br />
teachers to conduct in-class education the following year.<br />
9. Coordinate the distribution <strong>of</strong> the school wellness assessment to the teachers, who will<br />
comment on nutrition education and physical activity education.<br />
Aug 2013<br />
Aug 2014<br />
Aug 2015<br />
Aug 2016<br />
Sept 2013 –<br />
May 2016<br />
Dec 2013<br />
Dec 2014<br />
Dec 2015<br />
Apr-May 2014<br />
Apr-May 2015<br />
Apr-May 2016<br />
April 2014<br />
April 2015<br />
April 2016<br />
Summary <strong>of</strong><br />
curriculum review<br />
Invoice records (on<br />
file)<br />
List <strong>of</strong> materials<br />
provided with dates<br />
Intern schedule<br />
HOTM produce<br />
order<br />
Completed midyear<br />
surveys<br />
Focus group<br />
schedule<br />
School wellness<br />
assessment<br />
Rev. Oct. 2011 Page 19 <strong>of</strong> 73
SNAP-Ed Scope <strong>of</strong> Work<br />
August 1, 2013 – September 30, 2016<br />
Attachment B<br />
Objective 5: School will institutionalize a parent education program to promote school/district wellness policies (i.e. healthy school parties or<br />
events, healthy fundraisers, healthy snacks, etc.).<br />
Activities<br />
1. In<strong>for</strong>m and engage parents on classroom and afterschool nutrition education obesity<br />
prevention interventions and campaigns, and provide the results <strong>of</strong> the school<br />
wellness assessment (e.g., during school and afterschool events such as Back-to-<br />
School nights, Open House, health fairs, PTA meetings).<br />
Person<br />
Responsible<br />
Timeline<br />
Aug 2013 –<br />
Sept. 2016<br />
2. Recruit parents to serve on school/district wellness committees. Aug 2013 –<br />
Sept. 2016<br />
Deliverables and<br />
Outcomes<br />
Log <strong>of</strong> meetings<br />
and activities<br />
completed<br />
ATF<br />
Summary <strong>of</strong><br />
recruitment ef<strong>for</strong>ts<br />
3. If applicable, provide space <strong>for</strong> community partners to conduct parent nutrition<br />
education workshops.<br />
4. Provide educational materials to parents, based on selected parent <strong>for</strong>ums topics or<br />
classroom education (e.g. Rethink Your Drink, Harvest <strong>of</strong> the Month, MyPlate,<br />
healthy cooking).<br />
Aug 2013 –<br />
Sept. 2016<br />
Aug 2013 –<br />
Sept. 2016<br />
Schedule <strong>of</strong> parent<br />
<strong>for</strong>ums<br />
Summary <strong>of</strong><br />
communication<br />
ef<strong>for</strong>ts<br />
Rev. Oct. 2011 Page 20 <strong>of</strong> 73
SNAP-Ed Scope <strong>of</strong> Work<br />
August 1, 2013 – September 30, 2016<br />
Attachment B<br />
Objective 6: School will implement trainings and strategies to increase nutrition education and access and consumption <strong>of</strong> healthy foods.<br />
Activities<br />
1. Coordinate with DHS and other partners to prepare nutrition education obesity prevention<br />
trainings at the school site. Training topics must include the following:<br />
Person<br />
Responsible<br />
Timeline<br />
Aug 2013 –<br />
Sept. 2016<br />
Deliverables<br />
Log <strong>of</strong> trainings<br />
conducted<br />
a. Orientation to the Network program, the results <strong>of</strong> the school wellness assessment and<br />
how it relates to the school or district wellness policy, including in<strong>for</strong>mation on new<br />
or updated policies or provisions.<br />
Training materials<br />
ATF<br />
b. Utilizing Harvest <strong>of</strong> the Month and Farmer <strong>of</strong> the Month materials in the classroom,<br />
afterschool programs, parent education, and in the cafeteria (e.g. posters, displays,<br />
Farm to School/Harvest <strong>of</strong> the Month workbooks).<br />
c. Effective nutrition education resources and strategies including but not limited to:<br />
Harvest <strong>of</strong> the Month, ReThink Your Drink, Children’s PowerPlay! Campaign, Dairy<br />
Council materials, garden-based nutrition education, integrating physical activity,<br />
food safety, and how to conduct cooking lessons and food demonstrations. Trainings<br />
will include model teaching strategies, lessons, and best practices.<br />
Additional training topics may include:<br />
d. In<strong>for</strong>mation on promotion <strong>of</strong> evidence based physical activity programs and how they<br />
can be linked with nutrition education (e.g. Sports, Play, and Active Recreation <strong>for</strong><br />
Kids (SPARK) and Coordinated Approach to Child Health (CATCH)).<br />
e. Creating a healthy school environment (e.g. healthy school parties or events, healthy<br />
school fundraisers, not using food <strong>for</strong> rewards, recess be<strong>for</strong>e lunch).<br />
Rev. Oct. 2011 Page 21 <strong>of</strong> 73
SNAP-Ed Scope <strong>of</strong> Work<br />
August 1, 2013 – September 30, 2016<br />
Attachment B<br />
2. Collaborate and coordinate with DHS, school administration, teachers, school wellness<br />
committee, parent organizations, after school administrators, child nutrition services, and<br />
community partners. Promote implementation <strong>of</strong> strategies to increase access and<br />
consumption <strong>of</strong> healthy foods which may include, but are not limited to, the following:<br />
a. Actively engage local farmers and growers to establish a Farm to School program<br />
and provide Harvest <strong>of</strong> the Month produce items in the school cafeterias.<br />
b. Develop a school gardening project that includes garden-base nutrition education.<br />
c. Provide in<strong>for</strong>mation and training to school food service and schools on how to make<br />
use <strong>of</strong> garden grown produce in school cafeterias.<br />
d. Support implementation <strong>of</strong> salad bars at school sites.<br />
e. Support implementation <strong>of</strong> healthy food procurement policies in vending machines,<br />
fundraiser activities, school events.<br />
f. Encourage participation in Child and Adult Care Food Program (CACFP) snack and<br />
meal programs in afterschool programs.<br />
g. Promote implementation <strong>of</strong> healthy food and beverage standards <strong>for</strong> competitive<br />
foods at schools and afterschool sites.<br />
h. Encourage implementation <strong>of</strong> marketing strategies to increase healthier food<br />
selection and consumption.<br />
Aug 2013 –<br />
Sept. 2016<br />
Collaboration Log<br />
Copy <strong>of</strong> districts<br />
updated wellness<br />
policy (if<br />
applicable)<br />
Success story<br />
Rev. Oct. 2011 Page 22 <strong>of</strong> 73
SNAP-Ed Budget and Budget Justification<br />
August 1, 2013 – September 30, 2016<br />
Attachment C<br />
Proposers must provide a SNAP-Ed budget (not to exceed $2,665 <strong>for</strong> FFY 2013, $36,580 <strong>for</strong> FFY 2014, $31,535 <strong>for</strong> FFY 2015, and $27,392<br />
FFY 2016, <strong>for</strong> a maximum total <strong>of</strong> $98,172 per school) and budget justification needed to accomplish the work. Please provide a detailed and<br />
itemized cost proposal to complete this project, including but not limited to the title, full time equivalent (FTE), rate per hour and estimated<br />
number <strong>of</strong> hours <strong>for</strong> all personnel, operating costs, and indirect costs. The amounts listed below <strong>for</strong> Travel-Annual Network Conference, Travel –<br />
Network Trainings, and Evaluation and Assessment are non-negotiable. All other amounts are negotiable.<br />
PERSONNEL<br />
Budget<br />
Hourly<br />
Rate Hrs FFY 2013 Hrs FFY 2014 Hrs FFY 2015 Hrs FFY 2016<br />
Aug 2013 – Oct 2013 – Oct 2014 – Oct 2015 –<br />
Sept 2013<br />
Sept 2014<br />
Sept 2015 Sept 2016<br />
Personnel Subtotal<br />
Fringe Benefits @ __%<br />
(No more than 25% <strong>of</strong> Personnel) %<br />
TOTAL PERSONNEL<br />
NON-PERSONNEL / OPERATING EXPENSES<br />
Travel – Annual Network Conference in Sacramento $0 $287 $0 $287<br />
Travel - Network Trainings in Sacramento $134 $267 $267 $267<br />
Travel – Mileage ($0.555 per mile) $24 $141 $141 $141<br />
Office Supplies $100 $1,200 $1,200 $1,200<br />
Rev. Oct. 2011 Page 23 <strong>of</strong> 73
SNAP-Ed Budget and Budget Justification<br />
August 1, 2013 – September 30, 2016<br />
Attachment C<br />
OTHER COSTS<br />
TOTAL NON-PERSONNEL<br />
Evaluation and Assessment $0 $720 $720 $720<br />
Supplies – Harvest <strong>of</strong> the Month $0<br />
TOTAL OTHER COSTS<br />
TOTAL DIRECT COSTS<br />
(Personnel + Non-Personnel + Other Costs)<br />
Indirect Costs @ __ %<br />
(Based on indirect cost certification -<br />
no more than 25%.) %<br />
TOTAL BUDGET<br />
Rev. Oct. 2011 Page 24 <strong>of</strong> 73
SNAP-Ed Budget and Budget Justification<br />
August 1, 2013 – September 30, 2016<br />
Attachment C<br />
Budget Justification<br />
PERSONNEL<br />
Positions and position descriptions<br />
(Instructions: the following duties must be assigned to at least one staff person, such as teachers, teacher’s aide, school wellness coordinator,<br />
food services staff. Additional duties may be added, as needed.)<br />
• Develop and/or update <strong>of</strong> school or district wellness policy.<br />
• Promote implementation <strong>of</strong> strategies to increase access and consumption <strong>of</strong> healthy foods.<br />
• Participate in Network sponsored webinars, trainings, teleconferences, and conferences (as needed), Wellness Committees, and monthly<br />
<strong>Healthy</strong> Students Subcommittee meetings.<br />
• Schedule and train teachers on classroom nutrition education interventions, campaigns and resources.<br />
• Assists with planning and preparing healthy food taste tests in the school setting in conjunction with classroom based nutrition education<br />
intervention.<br />
• Work with teachers to increase student, teacher and parent knowledge <strong>of</strong> the importance <strong>of</strong> consuming more servings <strong>of</strong> fruits and<br />
vegetables and being active daily.<br />
• In<strong>for</strong>m and engage parents.<br />
• Distribute nutrition education materials.<br />
• Compile documentation on taste testing activities and all reporting required <strong>for</strong> nutrition grants. In some cases, supervises staff that carry<br />
out activities.<br />
• Assist with evaluation and assessment ef<strong>for</strong>ts.<br />
NON-PERSONNEL / OPERATING EXPENSES<br />
Travel – Annual Network Conference in Sacramento: $574<br />
For one staff to attend the Annual Network Conference in Sacramento up to two (2) days. Mileage reimbursement rate is set at $0.555/mile.<br />
• FFY 2013: $0 (No conference)<br />
• FFY 2014: $287 ( $40 / day x 1 staff + $96 = $84 x 1 night/1 staff + $12 tax + $115 = 206 miles RT x $0.555 x 1 car+ $36= $18 / day<br />
parking x 2 days )<br />
• FFY 2015: $0 (No conference)<br />
• FFY 2016: $287 ( $40 / day x 1 staff + $96 = $84 x 1 night/1 staff + $12 tax + $115 = 206 miles RT x $0.555 x 1 car+ $36= $18 / day<br />
parking x 2 days )<br />
Rev. Oct. 2011 Page 25 <strong>of</strong> 73
SNAP-Ed Budget and Budget Justification<br />
August 1, 2013 – September 30, 2016<br />
Attachment C<br />
Travel –Network Trainings in Sacramento: $935<br />
For one staff to attend Network-Sponsored Skills Trainings in Sacramento, such as facilitation, sustainability, and program delivery trainings.<br />
Mileage reimbursement rate is set at $0.555/mile.<br />
• FFY 2013: $134 ($208.1 miles round trip x 1 meetings x $0.555 cents + $18 parking <strong>for</strong> one car)<br />
• FFY 2014: $267 ($231=208.1 miles round trip x 2 meetings x $0.555 cents + $36= parking <strong>for</strong> one car ($18 daily fee x 2 days)<br />
• FFY 2015: $267 ($231=208.1 miles round trip x 2 meetings x $0.555 cents + $36= parking <strong>for</strong> one car ($18 daily fee x 2 days)<br />
• FFY 2016: $267 ($231=208.1 miles round trip x 2 meetings x $0.555 cents + $36= parking <strong>for</strong> one car ($18 per daily fee x 2 days)<br />
Travel – Mileage: $447<br />
Mileage <strong>for</strong> travel <strong>for</strong> staff to attend team meetings, local trainings, meeting with stakeholders, community <strong>for</strong>ums, conduct site visits & TBD.<br />
Mileage reimbursement rate is set at $0.555/mile.<br />
• FFY 2013: $24 (21.2 miles / month x 0.555 cents/mile x 2 months)<br />
• FFY 2014: $141 (21.1 miles / month x 0.555 cents/mile x 12 months)<br />
• FFY 2015: $141 (21.1 miles / month x 0.555 cents/mile x 12 months)<br />
• FFY 2016: $141 (21.1 miles / month x 0.555 cents/mile x 12 months)<br />
Office Supplies: $3,700<br />
For supplies such as pens, pencils, postage, notepads, paper as needed <strong>for</strong> nutrition education and promotion activities ($150/month x 12 months).<br />
• FFY 2013: $100 ($50/month x 2 months)<br />
• FFY 2014: $1,200 ($100/month x 12 months)<br />
• FFY 2015 $1,200 ($100/month x 12 months)<br />
• FFY 2016 $1,200 ($100/month x 12 months)<br />
Evaluation and Assessment: $ 2,160<br />
Cost <strong>for</strong> 2-5 grade teachers providing classroom nutrition and physical activity education to participate in focus groups in Aug and May (12<br />
teachers x $40 / hour x 1.5 hours / focus group x 2 focus groups).<br />
• FFY 2013: $0<br />
• FFY 2014: $720 (6 teachers x $40 / hour x 1.5 hours / focus group x 2 focus groups)<br />
• FFY 2015: $720 (6 teachers x $40 / hour x 1.5 hours / focus group x 2 focus groups)<br />
• FFY 2016: $720 (6 teachers x $40 / hour x 1.5 hours / focus group x 2 focus groups)<br />
Rev. Oct. 2011 Page 26 <strong>of</strong> 73
SNAP-Ed Budget and Budget Justification<br />
August 1, 2013 – September 30, 2016<br />
Attachment C<br />
Supplies – Harvest <strong>of</strong> the Month (HOTM):<br />
Monthly HOTM classroom taste-testing supplies <strong>for</strong> grades 2-5 (e.g., food, paper towels, napkins, cups, etc.)<br />
To calculate the amount needed <strong>for</strong> HOTM each school year, estimate the number <strong>of</strong> 2 nd , 3 rd , 4 th , and 5 th grade students each school year and use<br />
the following <strong>for</strong>mula to estimate the amount needed:<br />
• FFY 2013: $0 (No HOTM lessons in Aug-Sept 2013)<br />
• FFY 2014: # 2-5 grade students x 9 months (Oct 2013-May 2014 & Sept 2014) x $2.5 per student = $XXXX<br />
• FFY 2015:# 2-5 grade students x 9 months (Oct 2014-May 2015 & Sept 2015) x $2.5 per student = $XXXX<br />
• FFY 2016:# 2-5 grade students x 8 months (Oct 2015-May 2016) x $2.5 per student = $XXXX<br />
Rev. Oct. 2011 Page 27 <strong>of</strong> 73
Sample: Agreement <strong>of</strong> Services<br />
Attachment D<br />
COUNTY OF SONOMA<br />
AGREEMENT FOR SERVICES<br />
This agreement ("Agreement"), dated as <strong>of</strong> __________, 20__ (“Effective Date”) is by<br />
and between the <strong>County</strong> <strong>of</strong> <strong>Sonoma</strong>, a political subdivision <strong>of</strong> the State <strong>of</strong> Cali<strong>for</strong>nia (hereinafter<br />
"<strong>County</strong>"), and _______________ (hereinafter "Contractor"). R E C I T A L S<br />
WHEREAS, Contractor represents that it is a duly qualified<br />
the preparation <strong>of</strong> _______________________ and related services; and<br />
, experienced in<br />
WHEREAS, in the judgment <strong>of</strong> the ____________________ , it is necessary and<br />
desirable to employ the services <strong>of</strong> Contractor <strong>for</strong> .<br />
NOW, THEREFORE, in consideration <strong>of</strong> the <strong>for</strong>egoing recitals and the mutual covenants<br />
contained herein, the parties hereto agree as follows:<br />
l. Scope <strong>of</strong> Services.<br />
A G R E E M E N T<br />
1.1 Contractor's Specified Services. Contractor shall per<strong>for</strong>m the services described in<br />
“Exhibit A – Scope <strong>of</strong> Work” attached hereto and incorporated herein by this reference<br />
(hereinafter "Exhibit A"), and within the times or by the dates provided <strong>for</strong> in Exhibit “A” and<br />
pursuant to Article 7, Prosecution <strong>of</strong> Work. In the event <strong>of</strong> a conflict between the body <strong>of</strong> this<br />
Agreement and Exhibit A, the provisions in the body <strong>of</strong> this Agreement shall control.<br />
1.2 Cooperation With <strong>County</strong>. Contractor shall cooperate with <strong>County</strong> and <strong>County</strong> staff in<br />
the per<strong>for</strong>mance <strong>of</strong> all work hereunder.<br />
1.3 Per<strong>for</strong>mance Standard. Contractor shall per<strong>for</strong>m all work hereunder in a manner<br />
consistent with the level <strong>of</strong> competency and standard <strong>of</strong> care normally observed by a person<br />
practicing in Contractor's pr<strong>of</strong>ession. <strong>County</strong> has relied upon the pr<strong>of</strong>essional ability and training<br />
<strong>of</strong> Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to<br />
provide all services under this Agreement in accordance with generally accepted pr<strong>of</strong>essional<br />
practices and standards <strong>of</strong> care, as well as the requirements <strong>of</strong> applicable federal, state and local<br />
laws, it being understood that acceptance <strong>of</strong> Contractor’s work by <strong>County</strong> shall not operate as a<br />
waiver or release. If <strong>County</strong> determines that any <strong>of</strong> Contractor's work is not in accordance with<br />
such level <strong>of</strong> competency and standard <strong>of</strong> care, <strong>County</strong>, in its sole discretion, shall have the right<br />
to do any or all <strong>of</strong> the following: (a) require Contractor to meet with <strong>County</strong> to review the quality<br />
<strong>of</strong> the work and resolve matters <strong>of</strong> concern; (b) require Contractor to repeat the work at no<br />
additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions<br />
<strong>of</strong> Article 4; or (d) pursue any and all other remedies at law or in equity.<br />
1.4 Assigned Personnel.<br />
a. Contractor shall assign only competent personnel to per<strong>for</strong>m work hereunder. In the<br />
event that at any time <strong>County</strong>, in its sole discretion, desires the removal <strong>of</strong> any person<br />
or persons assigned by Contractor to per<strong>for</strong>m work hereunder, Contractor shall<br />
Rev. Oct. 2011<br />
Page 28 <strong>of</strong> 73
Sample: Agreement <strong>of</strong> Services<br />
Attachment D<br />
remove such person or persons immediately upon receiving written notice from<br />
<strong>County</strong>.<br />
b. Any and all persons identified in this Agreement or any exhibit hereto as the project<br />
manager, project team, or other pr<strong>of</strong>essional per<strong>for</strong>ming work hereunder are deemed<br />
by <strong>County</strong> to be key personnel whose services were a material inducement to <strong>County</strong><br />
to enter into this Agreement, and without whose services <strong>County</strong> would not have<br />
entered into this Agreement. Contractor shall not remove, replace, substitute, or<br />
otherwise change any key personnel without the prior written consent <strong>of</strong> <strong>County</strong>.<br />
c. In the event that any <strong>of</strong> Contractor’s personnel assigned to per<strong>for</strong>m services under<br />
this Agreement become unavailable due to resignation, sickness or other factors<br />
outside <strong>of</strong> Contractor’s control, Contractor shall be responsible <strong>for</strong> timely provision<br />
<strong>of</strong> adequately qualified replacements.<br />
2. Payment. For all services and incidental costs required hereunder, Contractor shall be paid in<br />
accordance with the following terms:<br />
For all services and incidental costs required hereunder, Contractor shall be paid on a time and<br />
material/expense basis in accordance with the budget set <strong>for</strong>th in Exhibit [A/B/C] , provided,<br />
however, that total payments to Contractor shall not exceed $_____________________, without<br />
the prior written approval <strong>of</strong> <strong>County</strong>. Contractor shall submit its bills in arrears on a monthly<br />
basis in a <strong>for</strong>m approved by <strong>County</strong>'s Auditor and the Head <strong>of</strong> the <strong>County</strong> Department receiving<br />
the services. The bills shall show or include: (i) the task(s) per<strong>for</strong>med; (ii) the time in quarter<br />
hours devoted to the task(s); (iii) the hourly rate or rates <strong>of</strong> the persons per<strong>for</strong>ming the task(s);<br />
and (iv) copies <strong>of</strong> receipts <strong>for</strong> reimbursable materials/expenses, if any. Expenses not expressly<br />
authorized by the Agreement shall not be reimbursed.<br />
Unless otherwise noted in this agreement, payments shall be made within the normal course <strong>of</strong><br />
county business after presentation <strong>of</strong> an invoice in a <strong>for</strong>m approved by the <strong>County</strong> <strong>for</strong> services<br />
per<strong>for</strong>med. Payments shall be made only upon the satisfactory completion <strong>of</strong> the services as<br />
determined by the <strong>County</strong>.<br />
Pursuant to Cali<strong>for</strong>nia Revenue and Taxation code (R&TC) Section 18662, the <strong>County</strong> shall<br />
withhold seven percent <strong>of</strong> the income paid to Contractor <strong>for</strong> services per<strong>for</strong>med within the State<br />
<strong>of</strong> Cali<strong>for</strong>nia under this agreement, <strong>for</strong> payment and reporting to the Cali<strong>for</strong>nia Franchise Tax<br />
Board, if Contractor does not qualify as: (1) a corporation with its principal place <strong>of</strong> business in<br />
Cali<strong>for</strong>nia, (2) an LLC or Partnership with a permanent place <strong>of</strong> business in Cali<strong>for</strong>nia, (3) a<br />
corporation/LLC or Partnership qualified to do business in Cali<strong>for</strong>nia by the Secretary <strong>of</strong> State,<br />
or (4) an individual with a permanent residence in the State <strong>of</strong> Cali<strong>for</strong>nia.<br />
If Contractor does not qualify, <strong>County</strong> requires that a completed and signed Form 587 be<br />
provided by the Contractor in order <strong>for</strong> payments to be made. If Contractor is qualified, then the<br />
<strong>County</strong> requires a completed Form 590. Forms 587 and 590 remain valid <strong>for</strong> the duration <strong>of</strong> the<br />
Agreement provided there is no material change in facts. By signing either <strong>for</strong>m, the contractor<br />
agrees to promptly notify the <strong>County</strong> <strong>of</strong> any changes in the facts. Forms should be sent to the<br />
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Sample: Agreement <strong>of</strong> Services<br />
Attachment D<br />
<strong>County</strong> pursuant to Article 12. To reduce the amount withheld, Contractor has the option to<br />
provide <strong>County</strong> with either a full or partial waiver from the State <strong>of</strong> Cali<strong>for</strong>nia.<br />
2.1 Overpayment. If <strong>County</strong> overpays Contractor <strong>for</strong> any reason, Contractor agrees to return<br />
the amount <strong>of</strong> such overpayment to <strong>County</strong> or at <strong>County</strong>’s option, permit <strong>County</strong> to <strong>of</strong>fset the<br />
amount <strong>of</strong> such overpayment against future payments owed to Contractor under this Agreement<br />
or any other agreement.<br />
3. Term <strong>of</strong> Agreement. The term <strong>of</strong> this Agreement shall be from to<br />
unless terminated earlier in accordance with the provisions <strong>of</strong> Article 4 below.<br />
4. Termination.<br />
4.1 Termination Without Cause. Notwithstanding any other provision <strong>of</strong> this Agreement, at<br />
any time and without cause, <strong>County</strong> shall have the right, in its sole discretion, to terminate this<br />
Agreement by giving 5 days written notice to Contractor.<br />
4.2 Termination <strong>for</strong> Cause. Notwithstanding any other provision <strong>of</strong> this Agreement, should<br />
Contractor fail to per<strong>for</strong>m any <strong>of</strong> its obligations hereunder, within the time and in the manner<br />
herein provided, or otherwise violate any <strong>of</strong> the terms <strong>of</strong> this Agreement, <strong>County</strong> may<br />
immediately terminate this Agreement by giving Contractor written notice <strong>of</strong> such termination,<br />
stating the reason <strong>for</strong> termination.<br />
4.3 Delivery <strong>of</strong> Work Product and Final Payment Upon Termination. In the event <strong>of</strong><br />
termination, Contractor, within 14 days following the date <strong>of</strong> termination, shall deliver to <strong>County</strong><br />
all materials and work product subject to Section 9.11 (Ownership and Disclosure <strong>of</strong> Work<br />
Product) and shall submit to <strong>County</strong> an invoice showing the services per<strong>for</strong>med, hours worked,<br />
and copies <strong>of</strong> receipts <strong>for</strong> reimbursable expenses up to the date <strong>of</strong> termination.<br />
4.4 Payment Upon Termination. Upon termination <strong>of</strong> this Agreement by <strong>County</strong>, Contractor<br />
shall be entitled to receive as full payment <strong>for</strong> all services satisfactorily rendered and expenses<br />
incurred hereunder, an amount which bears the same ratio to the total payment specified in the<br />
Agreement as the services satisfactorily rendered hereunder by Contractor bear to the total<br />
services otherwise required to be per<strong>for</strong>med <strong>for</strong> such total payment; provided, however, that if<br />
services which have been satisfactorily rendered are to be paid on a per-hour or per-day basis,<br />
Contractor shall be entitled to receive as full payment an amount equal to the number <strong>of</strong> hours or<br />
days actually worked prior to the termination times the applicable hourly or daily rate; and<br />
further provided, however, that if <strong>County</strong> terminates the Agreement <strong>for</strong> cause pursuant to Section<br />
4.2, <strong>County</strong> shall deduct from such amount the amount <strong>of</strong> damage, if any, sustained by <strong>County</strong><br />
by virtue <strong>of</strong> the breach <strong>of</strong> the Agreement by Contractor.<br />
4.5 Authority to Terminate. The Board <strong>of</strong> Supervisors has the authority to terminate this<br />
Agreement on behalf <strong>of</strong> the <strong>County</strong>. In addition, the Purchasing Agent or<br />
____________Department Head, in consultation with <strong>County</strong> Counsel, shall have the authority<br />
to terminate this Agreement on behalf <strong>of</strong> the <strong>County</strong>.<br />
4.6 Obligations After Termination. The following shall remain in full <strong>for</strong>ce and effect after<br />
termination <strong>of</strong> this Agreement: (1) Article 5, Indemnification; (2) Section 9.5, Records<br />
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Attachment D<br />
Maintenance; (3) Section 9.5.1, Right to Audit, Inspect and Copy Records; (4) Section 9.15,<br />
Confidentiality; and (5) Section 13.5, Applicable Law and Forum.<br />
4.7 Change in Funding. Contractor understands and agrees that <strong>County</strong> shall have the right to<br />
terminate this Agreement immediately upon written notice to Contractor in the event any state<br />
and/or federal agency and/or other funder(s) reduce, withhold or terminate funding which the<br />
<strong>County</strong> anticipated using to pay Contractor <strong>for</strong> services provided under this Agreement or<br />
<strong>County</strong> has exhausted all funds legally available <strong>for</strong> payments due under this Agreement.<br />
5. Indemnification. Contractor agrees to accept all responsibility <strong>for</strong> loss or damage to any<br />
person or entity, including <strong>County</strong>, and to indemnify, hold harmless, and release <strong>County</strong>, its<br />
<strong>of</strong>ficers, agents, and employees, from and against any actions, claims, damages, liabilities,<br />
disabilities, or expenses, that may be asserted by any person or entity, including Contractor, that<br />
arise out <strong>of</strong>, pertain to, or relate to Contractor’s or its agents’, employees’, contractors’,<br />
subcontractors’, or invitees’ per<strong>for</strong>mance or obligations under this Agreement. Contractor agrees<br />
to provide a complete defense <strong>for</strong> any claim or action brought against <strong>County</strong> based upon a claim<br />
relating to such Contractor’s or its agents’, employees, contractors, subcontractors, or invitees<br />
per<strong>for</strong>mance or obligations under this Agreement. Contractor’s obligations under this Section<br />
apply whether or not there is concurrent negligence on <strong>County</strong>’s part, but to the extent required<br />
by law, excluding liability due to <strong>County</strong>’s conduct. <strong>County</strong> shall have the right to select its legal<br />
counsel at Contractor’s expense, subject to Contractor’s approval, which shall not be<br />
unreasonably withheld. This indemnification obligation is not limited in any way by any<br />
limitation on the amount or type <strong>of</strong> damages or compensation payable to or <strong>for</strong> Contractor or its<br />
agents under workers' compensation acts, disability benefits acts, or other employee benefit acts.<br />
6. Insurance. With respect to per<strong>for</strong>mance <strong>of</strong> work under this Agreement, Contractor shall<br />
maintain and shall require all <strong>of</strong> its subcontractors, Contractors, and other agents to maintain<br />
insurance as described in Exhibit [B/C/D], which is attached hereto and incorporated herein by<br />
this reference.<br />
7. Prosecution <strong>of</strong> Work. The execution <strong>of</strong> this Agreement shall constitute Contractor's authority<br />
to proceed immediately with the per<strong>for</strong>mance <strong>of</strong> this Agreement. Per<strong>for</strong>mance <strong>of</strong> the services<br />
hereunder shall be completed within the time required herein, provided, however, that if the<br />
per<strong>for</strong>mance is delayed by earthquake, flood, high water, or other Act <strong>of</strong> God or by strike,<br />
lockout, or similar labor disturbances, the time <strong>for</strong> Contractor's per<strong>for</strong>mance <strong>of</strong> this Agreement<br />
shall be extended by a number <strong>of</strong> days equal to the number <strong>of</strong> days Contractor has been delayed.<br />
8. Extra or Changed Work. Extra or changed work or other changes to the Agreement may be<br />
authorized only by written amendment to this Agreement, signed by both parties. Minor changes,<br />
which do not increase the amount paid under the Agreement, and which do not significantly<br />
change the scope <strong>of</strong> work or significantly lengthen time schedules may be executed by the<br />
Department Head in a <strong>for</strong>m approved by <strong>County</strong> Counsel. The Board <strong>of</strong> Supervisors/Purchasing<br />
Agent must authorize all other extra or changed work. The parties expressly recognize that,<br />
pursuant to <strong>Sonoma</strong> <strong>County</strong> Code Section 1-11, <strong>County</strong> personnel are without authorization to<br />
order extra or changed work or waive Agreement requirements. Failure <strong>of</strong> Contractor to secure<br />
such written authorization <strong>for</strong> extra or changed work shall constitute a waiver <strong>of</strong> any and all right<br />
to adjustment in the Agreement price or Agreement time due to such unauthorized work and<br />
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Sample: Agreement <strong>of</strong> Services<br />
Attachment D<br />
thereafter Contractor shall be entitled to no compensation whatsoever <strong>for</strong> the per<strong>for</strong>mance <strong>of</strong><br />
such work. Contractor further expressly waives any and all right or remedy by way <strong>of</strong> restitution<br />
and quantum meruit <strong>for</strong> any and all extra work per<strong>for</strong>med without such express and prior written<br />
authorization <strong>of</strong> the <strong>County</strong>.<br />
9. Representations <strong>of</strong> Contractor.<br />
9.1 Standard <strong>of</strong> Care. <strong>County</strong> has relied upon the pr<strong>of</strong>essional ability and training <strong>of</strong><br />
Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees that<br />
all its work will be per<strong>for</strong>med and that its operations shall be conducted in accordance with<br />
generally accepted and applicable pr<strong>of</strong>essional practices and standards as well as the<br />
requirements <strong>of</strong> applicable federal, state and local laws, it being understood that acceptance <strong>of</strong><br />
Contractor's work by <strong>County</strong> shall not operate as a waiver or release.<br />
9.2 Status <strong>of</strong> Contractor. The parties intend that Contractor, in per<strong>for</strong>ming the services<br />
specified herein, shall act as an independent contractor and shall control the work and the manner<br />
in which it is per<strong>for</strong>med. Contractor is not to be considered an agent or employee <strong>of</strong> <strong>County</strong> and<br />
is not entitled to participate in any pension plan, worker’s compensation plan, insurance, bonus,<br />
or similar benefits <strong>County</strong> provides its employees. In the event <strong>County</strong> exercises its right to<br />
terminate this Agreement pursuant to Article 4, above, Contractor expressly agrees that it shall<br />
have no recourse or right <strong>of</strong> appeal under rules, regulations, ordinances, or laws applicable to<br />
employees.<br />
9.3 No Suspension or Debarment. Contractor warrants that it is not presently debarred,<br />
suspended, proposed <strong>for</strong> debarment, declared ineligible, or voluntarily excluded from<br />
participation in covered transactions by any federal department or agency. Contractor also<br />
warrants that it is not suspended or debarred from receiving federal funds as listed in the List <strong>of</strong><br />
Parties Excluded from Federal Procurement or Non-procurement Programs issued by the General<br />
Services Administration. If the Contractor becomes debarred, Contractor has the obligation to<br />
in<strong>for</strong>m the <strong>County</strong>.<br />
9.4 Taxes. Contractor agrees to file federal and state tax returns and pay all applicable taxes<br />
on amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay<br />
such taxes and other obligations, including, but not limited to, state and federal income and FICA<br />
taxes. Contractor agrees to indemnify and hold <strong>County</strong> harmless from any liability which it may<br />
incur to the United States or to the State <strong>of</strong> Cali<strong>for</strong>nia as a consequence <strong>of</strong> Contractor's failure to<br />
pay, when due, all such taxes and obligations. In case <strong>County</strong> is audited <strong>for</strong> compliance<br />
regarding any withholding or other applicable taxes, Contractor agrees to furnish <strong>County</strong> with<br />
pro<strong>of</strong> <strong>of</strong> payment <strong>of</strong> taxes on these earnings.<br />
9.5 Records Maintenance. Contractor shall keep and maintain full and complete<br />
documentation and accounting records concerning all services per<strong>for</strong>med that are compensable<br />
under this Agreement and shall make such documents and records available to <strong>County</strong> <strong>for</strong><br />
inspection at any reasonable time. Contractor shall maintain such records <strong>for</strong> a period <strong>of</strong> four (4)<br />
years following completion <strong>of</strong> work hereunder.<br />
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Sample: Agreement <strong>of</strong> Services<br />
Attachment D<br />
9.5.1 Right to Audit, Inspect and Copy Records. Contractor agrees to permit <strong>County</strong> and<br />
any authorized state or federal agency to audit, inspect and copy all records, notes and writings<br />
<strong>of</strong> any kind in connection with the services provided by Contractor under this Agreement, to the<br />
extent permitted by law, <strong>for</strong> the purpose <strong>of</strong> monitoring the quality and quantity <strong>of</strong> services,<br />
accessibility and appropriateness <strong>of</strong> services, and ensuring fiscal accountability. All such audits,<br />
inspections, and copying shall occur during normal business hours. Upon request, Contractor<br />
shall supply copies <strong>of</strong> any and all such records to <strong>County</strong>. Failure to provide the above noted<br />
documents requested by county within the requested time frame indicated may result in <strong>County</strong><br />
withholding payments due under this Agreement. In those situations required by applicable<br />
law(s), Contractor agrees to obtain necessary releases to permit county or governmental or<br />
accrediting agencies to access patient medical records.<br />
9.6 Conflict <strong>of</strong> Interest. Contractor covenants that it presently has no interest and that it will<br />
not acquire any interest, direct or indirect, that represents a financial conflict <strong>of</strong> interest under<br />
state law or that would otherwise conflict in any manner or degree with the per<strong>for</strong>mance <strong>of</strong> its<br />
services hereunder. Contractor further covenants that in the per<strong>for</strong>mance <strong>of</strong> this Agreement no<br />
person having any such interests shall be employed. In addition, if requested to do so by <strong>County</strong>,<br />
Contractor shall complete and file and shall require any other person doing work under this<br />
Agreement to complete and file a "Statement <strong>of</strong> Economic Interest" with <strong>County</strong> disclosing<br />
Contractor's or such other person's financial interests.<br />
9.7 Statutory Compliance. Contractor agrees to comply with all applicable federal, state and<br />
local laws, regulations, statutes and policies applicable to the services provided under this<br />
Agreement as they exist now and as they are changed, amended or modified during the term <strong>of</strong><br />
this Agreement.<br />
9.8 Nondiscrimination. Without limiting any other provision hereunder, Contractor shall<br />
comply with all applicable federal, state, and local laws, rules, and regulations in regard to<br />
nondiscrimination in employment because <strong>of</strong> race, color, ancestry, national origin, religion, sex,<br />
marital status, age, medical condition, pregnancy, disability, sexual orientation or other<br />
prohibited basis, including without limitation, the <strong>County</strong>’s Non-Discrimination Policy. All<br />
nondiscrimination rules or regulations required by law to be included in this Agreement are<br />
incorporated herein by this reference.<br />
9.9 AIDS Discrimination. Contractor agrees to comply with the provisions <strong>of</strong> Chapter 19,<br />
Article II, <strong>of</strong> the <strong>Sonoma</strong> <strong>County</strong> Code prohibiting discrimination in housing, employment, and<br />
services because <strong>of</strong> AIDS or HIV infection during the term <strong>of</strong> this Agreement and any extensions<br />
<strong>of</strong> the term.<br />
9.10 Assignment <strong>of</strong> Rights. Contractor assigns to <strong>County</strong> all rights throughout the world in<br />
perpetuity in the nature <strong>of</strong> copyright, trademark, patent, right to ideas, in and to all versions <strong>of</strong><br />
the plans and specifications, if any, now or later prepared by Contractor in connection with this<br />
Agreement. Contractor agrees to take such actions as are necessary to protect the rights assigned<br />
to <strong>County</strong> in this Agreement, and to refrain from taking any action which would impair those<br />
rights. Contractor's responsibilities under this provision include, but are not limited to, placing<br />
proper notice <strong>of</strong> copyright on all versions <strong>of</strong> the plans and specifications as <strong>County</strong> may direct,<br />
and refraining from disclosing any versions <strong>of</strong> the plans and specifications to any third party<br />
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Sample: Agreement <strong>of</strong> Services<br />
Attachment D<br />
without first obtaining written permission <strong>of</strong> <strong>County</strong>. Contractor shall not use or permit another<br />
to use the plans and specifications in connection with this or any other project without first<br />
obtaining written permission <strong>of</strong> <strong>County</strong>.<br />
9.11 Ownership and Disclosure <strong>of</strong> Work Product. All reports, original drawings, graphics,<br />
plans, studies, and other data or documents (“documents”), in whatever <strong>for</strong>m or <strong>for</strong>mat,<br />
assembled or prepared by Contractor or Contractor’s subcontractors, Contractors, and other<br />
agents in connection with this Agreement shall be the property <strong>of</strong> <strong>County</strong>. <strong>County</strong> shall be<br />
entitled to immediate possession <strong>of</strong> such documents upon completion <strong>of</strong> the work pursuant to<br />
this Agreement. Upon expiration or termination <strong>of</strong> this Agreement, Contractor shall promptly<br />
deliver to <strong>County</strong> all such documents, which have not already been provided to <strong>County</strong> in such<br />
<strong>for</strong>m or <strong>for</strong>mat, as <strong>County</strong> deems appropriate. Such documents shall be and will remain the<br />
property <strong>of</strong> <strong>County</strong> without restriction or limitation. Contractor may retain copies <strong>of</strong> the abovedescribed<br />
documents but agrees not to disclose or discuss any in<strong>for</strong>mation gathered, discovered,<br />
or generated in any way through this Agreement without the express written permission <strong>of</strong><br />
<strong>County</strong>.<br />
9.12 Authority. The undersigned hereby represents and warrants that he or she has authority<br />
to execute and deliver this Agreement on behalf <strong>of</strong> Contractor.<br />
9.13 Sanctioned Employee. Contractor agrees that it shall not employ in any capacity, or<br />
retain as a subcontractor in any capacity, any individual or entity that is listed on either the<br />
Suspended and Ineligible Contractor List published by the Cali<strong>for</strong>nia Department <strong>of</strong> Health<br />
Services, or any list published by the Federal Office <strong>of</strong> Inspector General regarding the<br />
sanctioning, suspension or exclusion <strong>of</strong> individuals or entities from the federal Medicare and<br />
Medicaid programs. Contractor agrees to periodically review said State and Federal lists to<br />
confirm the status <strong>of</strong> current employees, subcontractor and contractors. In the event Contractor<br />
does employ such individual(s) or entity(s), Contractor agrees to assume full liability <strong>for</strong> any<br />
associated penalties, sanctions, loss or damage that may be imposed on <strong>County</strong> by the Medicare<br />
or Medicaid programs.<br />
9.14 Compliance with <strong>County</strong> Policies and Procedures. Contractor agrees to comply with all<br />
<strong>County</strong> policies and procedures as they may relate to services provided hereunder.<br />
9.15 Confidentiality. Contractor agrees to maintain the confidentiality <strong>of</strong> all patient medical<br />
records and client in<strong>for</strong>mation in accordance with all applicable state and federal laws and<br />
regulations. This Paragraph 9.15 shall survive termination <strong>of</strong> this Agreement.<br />
10. Demand <strong>for</strong> Assurance. Each party to this Agreement undertakes the obligation that the<br />
other's expectation <strong>of</strong> receiving due per<strong>for</strong>mance will not be impaired. When reasonable grounds<br />
<strong>for</strong> insecurity arise with respect to the per<strong>for</strong>mance <strong>of</strong> either party, the other may in writing<br />
demand adequate assurance <strong>of</strong> due per<strong>for</strong>mance and until such assurance is received may, if<br />
commercially reasonable, suspend any per<strong>for</strong>mance <strong>for</strong> which the agreed return has not been<br />
received. "Commercially reasonable" includes not only the conduct <strong>of</strong> a party with respect to<br />
per<strong>for</strong>mance under this Agreement, but also conduct with respect to other agreements with<br />
parties to this Agreement or others. After receipt <strong>of</strong> a justified demand, failure to provide within<br />
a reasonable time, but not exceeding thirty (30) days, such assurance <strong>of</strong> due per<strong>for</strong>mance as is<br />
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Sample: Agreement <strong>of</strong> Services<br />
Attachment D<br />
adequate under the circumstances <strong>of</strong> the particular case is a repudiation <strong>of</strong> this Agreement.<br />
Acceptance <strong>of</strong> any improper delivery, service, or payment does not prejudice the aggrieved<br />
party's right to demand adequate assurance <strong>of</strong> future per<strong>for</strong>mance. Nothing in this Article limits<br />
<strong>County</strong>’s right to terminate this Agreement pursuant to Article 4.<br />
11. Assignment and Delegation. Neither party hereto shall assign, delegate, sublet, or transfer<br />
any interest in or duty under this Agreement without the prior written consent <strong>of</strong> the other, and<br />
no such transfer shall be <strong>of</strong> any <strong>for</strong>ce or effect whatsoever unless and until the other party shall<br />
have so consented.<br />
12. Method and Place <strong>of</strong> Giving Notice, Submitting Bills and Making Payments. All notices,<br />
bills, and payments shall be made in writing and shall be given by personal delivery or by U.S.<br />
Mail or courier service. Notices, bills, and payments shall be addressed as follows:<br />
TO: COUNTY:<br />
TO: CONTRACTOR:<br />
When a notice, bill or payment is given by a generally recognized overnight courier service, the<br />
notice, bill or payment shall be deemed received on the next business day. When a copy <strong>of</strong> a<br />
notice, bill or payment is sent by facsimile or email, the notice, bill or payment shall be deemed<br />
received upon transmission as long as (1) the original copy <strong>of</strong> the notice, bill or payment is<br />
promptly deposited in the U.S. mail and postmarked on the date <strong>of</strong> the facsimile or email (<strong>for</strong> a<br />
payment, on or be<strong>for</strong>e the due date), (2) the sender has a written confirmation <strong>of</strong> the facsimile<br />
transmission or email, and (3) the facsimile or email is transmitted be<strong>for</strong>e 5 p.m. (recipient’s<br />
time). In all other instances, notices, bills and payments shall be effective upon receipt by the<br />
recipient. Changes may be made in the names and addresses <strong>of</strong> the person to whom notices are to<br />
be given by giving notice pursuant to this paragraph.<br />
13. Miscellaneous Provisions.<br />
13.1 No Waiver <strong>of</strong> Breach. The waiver by <strong>County</strong> <strong>of</strong> any breach <strong>of</strong> any term or promise<br />
contained in this Agreement shall not be deemed to be a waiver <strong>of</strong> such term or provision or any<br />
subsequent breach <strong>of</strong> the same or any other term or promise contained in this Agreement.<br />
13.2 Construction. To the fullest extent allowed by law, the provisions <strong>of</strong> this Agreement<br />
shall be construed and given effect in a manner that avoids any violation <strong>of</strong> statute, ordinance,<br />
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Sample: Agreement <strong>of</strong> Services<br />
Attachment D<br />
regulation, or law. The parties covenant and agree that in the event that any provision <strong>of</strong> this<br />
Agreement is held by a court <strong>of</strong> competent jurisdiction to be invalid, void, or unen<strong>for</strong>ceable, the<br />
remainder <strong>of</strong> the provisions here<strong>of</strong> shall remain in full <strong>for</strong>ce and effect and shall in no way be<br />
affected, impaired, or invalidated thereby. Contractor and <strong>County</strong> acknowledge that they have<br />
each contributed to the making <strong>of</strong> this Agreement and that, in the event <strong>of</strong> a dispute over the<br />
interpretation <strong>of</strong> this Agreement, the language <strong>of</strong> the Agreement will not be construed against<br />
one party in favor <strong>of</strong> the other. Contractor and <strong>County</strong> acknowledge that they have each had an<br />
adequate opportunity to consult with counsel in the negotiation and preparation <strong>of</strong> this<br />
Agreement.<br />
13.3 Consent. Wherever in this Agreement the consent or approval <strong>of</strong> one party is required to<br />
an act <strong>of</strong> the other party, such consent or approval shall not be unreasonably withheld or delayed.<br />
13.4 No Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to<br />
create and the parties do not intend to create any rights in third parties.<br />
13.5 Applicable Law and Forum. This Agreement shall be construed and interpreted<br />
according to the substantive law <strong>of</strong> Cali<strong>for</strong>nia, regardless <strong>of</strong> the law <strong>of</strong> conflicts to the contrary in<br />
any jurisdiction. Any action to en<strong>for</strong>ce the terms <strong>of</strong> this Agreement or <strong>for</strong> the breach there<strong>of</strong> shall<br />
be brought and tried in Santa Rosa or the <strong>for</strong>um nearest to the city <strong>of</strong> Santa Rosa, in the <strong>County</strong><br />
<strong>of</strong> <strong>Sonoma</strong>.<br />
13.6 Captions. The captions in this Agreement are solely <strong>for</strong> convenience <strong>of</strong> reference. They<br />
are not a part <strong>of</strong> this Agreement and shall have no effect on its construction or interpretation.<br />
13.7 Merger. This writing is intended both as the final expression <strong>of</strong> the Agreement between<br />
the parties hereto with respect to the included terms and as a complete and exclusive statement <strong>of</strong><br />
the terms <strong>of</strong> the Agreement, pursuant to Code <strong>of</strong> Civil Procedure Section 1856. No modification<br />
<strong>of</strong> this Agreement shall be effective unless and until such modification is evidenced by a writing<br />
signed by both parties.<br />
13.8. Survival <strong>of</strong> Terms. All express representations, waivers, indemnifications, and<br />
limitations <strong>of</strong> liability included in this Agreement will survive its completion or termination <strong>for</strong><br />
any reason.<br />
13.9 Time <strong>of</strong> Essence. Time is and shall be <strong>of</strong> the essence <strong>of</strong> this Agreement and every provision<br />
here<strong>of</strong>.<br />
Rev. Oct. 2011<br />
Page 36 <strong>of</strong> 73
Sample: Agreement <strong>of</strong> Services<br />
Attachment D<br />
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as <strong>of</strong> the<br />
Effective Date.<br />
CONTRACTOR:<br />
________________________________________________ Date ___________________<br />
Name, Title, Organization<br />
COUNTY OF SONOMA:<br />
________________________________________________ Date ___________________<br />
Rita Scardaci, MPH, Director<br />
Department <strong>of</strong> Health Services<br />
________________________________________________ Date ___________________<br />
<strong>Sonoma</strong> <strong>County</strong> Purchasing Agent (If Applicable)<br />
Certificates <strong>of</strong> Insurance on File with and Approved as to Substance:<br />
________________________________________________ Date ___________________<br />
Division Director or Designee<br />
Approved as to Form:<br />
______________________________________________ Date ___________________<br />
<strong>County</strong> Counsel (If Applicable)<br />
Rev. Oct. 2011<br />
Page 37 <strong>of</strong> 73
Sample: <strong>County</strong> <strong>of</strong> <strong>Sonoma</strong> Contract<br />
Insurance Requirements<br />
Attachment E<br />
With respect to per<strong>for</strong>mance <strong>of</strong> work under this Agreement, Contractor shall maintain and shall<br />
require all <strong>of</strong> its subcontractors, Contractors, and other agents to maintain insurance as described<br />
below unless such insurance has been expressly waived by the attachment <strong>of</strong> a Waiver <strong>of</strong><br />
Insurance Requirements.<br />
1. Workers Compensation and Employers Liability Insurance<br />
a. Required if Contractor has employees.<br />
b. Workers' Compensation insurance with statutory limits as required by the Labor Code <strong>of</strong><br />
the State <strong>of</strong> Cali<strong>for</strong>nia.<br />
c. Employers' Liability with limits <strong>of</strong> 1,000,000 per Accident; 1,000,000 Disease per<br />
employee; 1,000,000 Disease per policy.<br />
d. Required Evidence <strong>of</strong> Coverage:<br />
i. Certificate <strong>of</strong> Insurance<br />
If Contractor currently has no employees, Contractor agrees to obtain the above-specified<br />
Workers’ Compensation and Employers' Liability insurance should any employees be<br />
engaged during the term <strong>of</strong> this Agreement or any extensions <strong>of</strong> the term.<br />
2. General Liability Insurance<br />
a. Commercial General Liability Insurance on a standard occurrence <strong>for</strong>m, no less broad<br />
than ISO <strong>for</strong>m CG 00 01.<br />
b. Minimum Limits: 1,000,000 per Occurrence; 2,000,000 General Aggregate; 2,000,000<br />
Products/Completed Operations Aggregate.<br />
c. Contractor shall disclose any deductible or self-insured retention in excess <strong>of</strong> $25,000<br />
and such deductible or self-insured retention must be approved in advance by <strong>County</strong>.<br />
Contractor is responsible <strong>for</strong> any deductible or self-insured retention.<br />
d. <strong>County</strong> <strong>of</strong> <strong>Sonoma</strong>, its Officers, Agents and Employees shall be additional insureds <strong>for</strong><br />
liability arising out <strong>of</strong> operations by or on behalf <strong>of</strong> the Contractor in the per<strong>for</strong>mance <strong>of</strong><br />
this agreement.<br />
e. The insurance provided to <strong>County</strong>, et al. as additional insureds shall apply on a primary<br />
and non-contributory basis with respect to any insurance or self-insurance program<br />
maintained by them.<br />
f. The policy definition <strong>of</strong> “insured contract” shall include assumptions <strong>of</strong> liability arising<br />
out <strong>of</strong> both ongoing operations and the products-completed operations hazard (broad<br />
<strong>for</strong>m contractual liability coverage including the “f” definition <strong>of</strong> insured contract in ISO<br />
<strong>for</strong>m CG 00 01, or equivalent).<br />
g. The policy shall cover inter-insured suits between <strong>County</strong> and Contractor and include a<br />
“separation <strong>of</strong> insureds” or “severability” clause which treats each insured separately.<br />
h. Required Evidence <strong>of</strong> Coverage:<br />
i. Copy <strong>of</strong> the additional insured endorsement or policy language granting additional<br />
insured status and<br />
ii. Certificate <strong>of</strong> Insurance.<br />
Rev. Oct. 2011<br />
Page 38 <strong>of</strong> 73
Sample: <strong>County</strong> <strong>of</strong> <strong>Sonoma</strong> Contract<br />
Insurance Requirements<br />
Attachment E<br />
3. Standards <strong>for</strong> Insurance Companies<br />
Insurers shall have an A.M. Best's rating <strong>of</strong> at least A:VII.<br />
4. Documentation<br />
a. The Certificate <strong>of</strong> Insurance must include the following reference:<br />
Agreement #____________________.<br />
b. All required Evidence <strong>of</strong> Coverage shall be submitted prior to the execution <strong>of</strong> this<br />
Agreement. Contractor agrees to maintain current Evidence <strong>of</strong> Coverage on file with<br />
<strong>County</strong> <strong>for</strong> the required period <strong>of</strong> insurance.<br />
a. The name and address <strong>for</strong> Additional Insured endorsements and Certificates <strong>of</strong> Insurance<br />
is: Department <strong>of</strong> Health Services, 490 Mendocino Ave, Suite 202, Santa Rosa, CA<br />
95401.<br />
c. Required Evidence <strong>of</strong> Coverage shall be submitted <strong>for</strong> any renewal or replacement <strong>of</strong> a<br />
policy that already exists, at least ten (10) days be<strong>for</strong>e expiration or other termination <strong>of</strong><br />
the existing policy.<br />
d. Contractor shall provide immediate written notice if: (1) any <strong>of</strong> the required insurance<br />
policies is terminated; (2) the limits <strong>of</strong> any <strong>of</strong> the required policies are reduced; or (3) the<br />
deductible or self-insured retention is increased.<br />
e. Upon written request, certified copies <strong>of</strong> required insurance policies must be provided<br />
within thirty (30) days.<br />
5. Policy Obligations<br />
Contractor's indemnity and other obligations shall not be limited by the <strong>for</strong>egoing insurance<br />
requirements.<br />
6. Material Breach<br />
If Contractor fails to maintain insurance coverage which is required pursuant to this<br />
Agreement, it shall be deemed a material breach <strong>of</strong> this Agreement. <strong>County</strong>, at its sole<br />
option, may terminate this Agreement and obtain damages from Contractor resulting from<br />
said breach. Alternatively, <strong>County</strong> may purchase the required insurance coverage, and<br />
without further notice to Contractor, <strong>County</strong> may deduct from sums due to Contractor any<br />
premium costs advanced by <strong>County</strong> <strong>for</strong> such insurance. These remedies shall be in addition<br />
to any other remedies available to <strong>County</strong>.<br />
Rev. Oct. 2011<br />
Page 39 <strong>of</strong> 73
CA Department <strong>of</strong> Public Health<br />
Special Terms and Conditions<br />
Attachment F<br />
The Contractor agrees to comply with the following provisions outlined in the Cali<strong>for</strong>nia<br />
Department <strong>of</strong> Public Health (CDPH) Special Terms and Conditions:<br />
• Provision 1: Federal Equality Opportunity Requirements<br />
• Provision 2: Travel and Per Diem Reimbursement<br />
• Provision 3: Procurement Rules<br />
• Provision 4: Equipment Ownership / Inventory / Disposition<br />
• Provision 5: Subcontract Requirements<br />
• Provision 6: Income Restrictions<br />
• Provision 7: Audit and Record Retention<br />
• Provision 8: Site Inspection<br />
• Provision 10: Intellectual Property Rights<br />
• Provision 11: Air or Water Pollution Requirements<br />
• Provision 12: Prior Approval <strong>of</strong> Training Seminars, Workshops or Conferences<br />
• Provision 13: Confidentiality <strong>of</strong> In<strong>for</strong>mation<br />
• Provision 14: Documents, Publications and Written Reports<br />
• Provision 17: Human Subjects Use Requirements<br />
• Provision 19: Debarment and Suspension Certification<br />
• Provision 20: Smoke-Free Workplace Certification<br />
• Provision 24: Officials Not to Benefit<br />
• Provision 31: Lobbying Restrictions and Disclosure Certification<br />
The CDPH Special Terms and Conditions can be found at the following web address:<br />
www.cdph.ca.gov/programs/cpns/Documents/CCOI-RFA2013-ExhD(F)-<br />
SpecialTermsConditions.doc<br />
Page 43 <strong>of</strong> 73
CA Department <strong>of</strong> Public Health<br />
Additional Provisions<br />
Attachment G<br />
Additional Incorporated Documents<br />
A. The following documents and any subsequent updates are not attached, but are<br />
incorporated herein and made a part here<strong>of</strong> by this reference. These documents may<br />
be updated periodically by CDPH, as required by program directives. CDPH shall<br />
provide the Grantee with copies <strong>of</strong> said documents and any periodic updates thereto,<br />
under separate cover. CDPH will maintain on file, all documents referenced herein<br />
and any subsequent updates.<br />
1. Network Local Projects Network <strong>for</strong> a <strong>Healthy</strong> Cali<strong>for</strong>nia Guidelines Manual and<br />
any revisions thereto. (Revision October 2011)<br />
http://www.cdph.ca.gov/programs/cpns/Pages/GuidelinesManual.aspx<br />
2. Network <strong>for</strong> a <strong>Healthy</strong> Cali<strong>for</strong>nia Program Letters and any revisions thereto.<br />
http://www.cdph.ca.gov/programs/cpns/Pages/ProgramLetters.aspx<br />
3. United States Department <strong>of</strong> Agriculture, Supplemental Nutrition Assistance<br />
Program Education (SNAP-Ed) Plan Guidance.<br />
(Revision Date FFY 2013)<br />
http://www.nal.usda.gov/fsn/Guidance/FY2013SNAP-EdPlanGuidance.pdf<br />
1. Cancellation / Termination<br />
A. This agreement may be cancelled by CDPH without cause upon 30 calendar days<br />
advance written notice to the Grantee.<br />
B. CDPH reserves the right to cancel or terminate this agreement immediately <strong>for</strong> cause.<br />
The Grantee may submit a written request to terminate this agreement only if CDPH<br />
substantially fails to per<strong>for</strong>m its responsibilities as provided herein.<br />
C. The term “<strong>for</strong> cause” shall mean that the Grantee fails to meet the terms, conditions,<br />
and/or responsibilities <strong>of</strong> this agreement. Causes <strong>for</strong> termination include, but are not<br />
limited to the following occurrences:<br />
1) If the Grantee knowingly furnishes any statement, representation, warranty, or<br />
certification in connection with the agreement, which representation is materially<br />
false, deceptive, incorrect, or incomplete.<br />
2) If the Grantee fails to per<strong>for</strong>m any material requirement <strong>of</strong> this agreement or<br />
defaults in per<strong>for</strong>mance <strong>of</strong> this agreement.<br />
3) If the Grantee files <strong>for</strong> bankruptcy, or if CDPH determines that the Grantee<br />
becomes financially incapable <strong>of</strong> completing this agreement.<br />
Page 69 <strong>of</strong> 73
CA Department <strong>of</strong> Public Health<br />
Additional Provisions<br />
Attachment G<br />
D. Agreement termination or cancellation shall be effective as <strong>of</strong> the date indicated in<br />
CDPH’s notification to the Grantee. The notice shall stipulate any final per<strong>for</strong>mance,<br />
invoicing or payment requirements.<br />
E. In the event <strong>of</strong> early termination or cancellation, the Grantee shall be entitled to<br />
compensation <strong>for</strong> services per<strong>for</strong>med satisfactorily under this agreement and expenses<br />
incurred up to the date <strong>of</strong> cancellation and any non-cancelable obligations incurred in<br />
support <strong>of</strong> this agreement.<br />
F. In the event <strong>of</strong> termination, and at the request <strong>of</strong> CDPH, the Grantee shall furnish<br />
copies <strong>of</strong> all proposals, specifications, designs, procedures, layouts, copy, and other<br />
materials related to the services or deliverables provided under this agreement,<br />
whether finished or in progress on the termination date.<br />
G. The Grantee will not be entitled to reimbursement <strong>for</strong> any expenses incurred <strong>for</strong><br />
services and deliverables pursuant to this agreement after the effective date <strong>of</strong><br />
termination.<br />
H. Upon receipt <strong>of</strong> notification <strong>of</strong> termination <strong>of</strong> this agreement, and except as otherwise<br />
specified by CDPH, the Grantee shall:<br />
1) Place no further order or subgrants <strong>for</strong> materials, services, or facilities.<br />
2) Settle all outstanding liabilities and all claims arising out <strong>of</strong> such termination <strong>of</strong><br />
orders and subgrants.<br />
3) Upon the effective date <strong>of</strong> termination <strong>of</strong> the agreement Grantee shall transfer,<br />
assign and make available to CDPH all property and materials belonging to<br />
CDPH, all rights and claims to any and all reservations, grants, and arrangements<br />
with owners <strong>of</strong> media/PR materials, or others, and shall make available to CDPH<br />
all written in<strong>for</strong>mation regarding CDPH’s media/PR materials, and no extra<br />
compensation is to be paid to Grantee <strong>for</strong> its services.<br />
4) Take such action as may be necessary, or as CDPH may specify, to protect and<br />
preserve any property related to this agreement which is in the possession <strong>of</strong> the<br />
Grantee and in which CDPH has or may acquire an interest.<br />
I. CDPH may, at its discretion, require the Grantee to cease per<strong>for</strong>mance <strong>of</strong> certain<br />
components <strong>of</strong> the Scope <strong>of</strong> Work as designated by CDPH and complete per<strong>for</strong>mance<br />
<strong>of</strong> other components prior to the termination date <strong>of</strong> the agreement.<br />
Page 70 <strong>of</strong> 73
CA Department <strong>of</strong> Public Health<br />
Additional Provisions<br />
Attachment G<br />
2. Avoidance <strong>of</strong> Conflicts <strong>of</strong> Interest by Grantee<br />
A. CDPH intends to avoid any real or apparent conflict <strong>of</strong> interest on the part <strong>of</strong> the<br />
Grantee, subgrantees, or employees, <strong>of</strong>ficers and directors <strong>of</strong> the Grantee or<br />
subgrantees. Thus, CDPH reserves the right to determine, at its sole discretion,<br />
whether any in<strong>for</strong>mation, assertion, or claim received from any source indicates the<br />
existence <strong>of</strong> a real or apparent conflict <strong>of</strong> interest; and, if a conflict is found to exist,<br />
to require the Grantee to submit additional in<strong>for</strong>mation or a plan <strong>for</strong> resolving the<br />
conflict, subject to prior CDPH review and approval.<br />
B. Conflicts <strong>of</strong> interest include, but are not limited to:<br />
1) An instance where the Grantee or any <strong>of</strong> its subgrantees, or any employee, <strong>of</strong>ficer,<br />
or director <strong>of</strong> the Grantee or any subgrantee has an interest, financial or otherwise,<br />
whereby the use or disclosure <strong>of</strong> in<strong>for</strong>mation obtained while per<strong>for</strong>ming services<br />
under the agreement would allow <strong>for</strong> private or personal benefit or <strong>for</strong> any<br />
purpose that is contrary to the goals and objectives <strong>of</strong> the agreement.<br />
2) An instance where the Grantee’s or any subgrantee’s employees, <strong>of</strong>ficers, or<br />
directors use their positions <strong>for</strong> purposes that are, or give the appearance <strong>of</strong> being,<br />
motivated by a desire <strong>for</strong> private gain <strong>for</strong> themselves or others, such as those with<br />
whom they have family, business or other ties.<br />
If CDPH is or becomes aware <strong>of</strong> a known or suspected conflict <strong>of</strong> interest, the Grantee will be<br />
given an opportunity to submit additional in<strong>for</strong>mation or to resolve the conflict. A Grantee with<br />
a suspected conflict <strong>of</strong> interest under this agreement will have five (5) working days from the<br />
date <strong>of</strong> notification <strong>of</strong> the conflict by CDPH to provide complete in<strong>for</strong>mation regarding the<br />
suspected conflict. If a conflict <strong>of</strong> interest is determined to exist by CDPH and cannot be<br />
resolved to the satisfaction <strong>of</strong> CDPH, the conflict will be grounds <strong>for</strong> terminating the agreement.<br />
CDPH may, at its discretion upon receipt <strong>of</strong> a written request from the Grantee, authorize an<br />
extension <strong>of</strong> the timeline indicated herein.<br />
Page 71 <strong>of</strong> 73
CA Department <strong>of</strong> Public Health<br />
Travel Reimbursement In<strong>for</strong>mation<br />
Attachment H<br />
Page 72 <strong>of</strong> 73
CA Department <strong>of</strong> Public Health<br />
Travel Reimbursement In<strong>for</strong>mation<br />
Attachment H<br />
Travel Reimbursement In<strong>for</strong>mation (continued)<br />
Page 73 <strong>of</strong> 73