First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 1
GRANT AGREEMENT
BY AND BETWEEN
THE HUMBOLDT COUNTY CHILDREN AND FAMILIES COMMISSION
(FIRST 5 HUMBOLDT)
AND THE CITY OF FORTUNA
This Agreement, entered into this 15th day of December 2021, by and between the Humboldt County Children and Families Commission, a political subdivision of the State of California, hereinafter referred to as “First 5 Humboldt,” and the City of Fortuna, a local government entity hereinafter referred to as “GRANTEE,” is made upon the following considerations:
WHEREAS, First 5 Humboldt has adopted a strategic focus area to support the health and well-being of young children and their families through the promotion of prevention and early intervention activities, and
WHEREAS, First 5 Humboldt has determined, in carrying out its Strategic Plan focus areas and objectives, to make monetary grants to deserving organizations that can further First 5 Humboldt’s strategic plan, and
WHEREAS, GRANTEE has applied for grant funds to operate the Fortuna Parks Playgroup, and First 5 Humboldt has approved said grant funding; and
WHEREAS, First 5 Humboldt and GRANTEE hereto desire to enter into this Grant Agreement in order for First 5 Humboldt to disburse grant funds to GRANTEE, NOW THEREFORE, the parties hereto mutually agree as follows:
1. DESCRIPTION OF SERVICES:
GRANTEE shall utilize the grant funds for the purpose of facilitating a playgroup for children age 0- 5 and their families in Fortuna, CA (the “Project”), specifically those activities/tasks described in the Scope of Work, as set forth in Exhibit A, attached hereto and incorporated herein. In providing such services, GRANTEE agrees to fully cooperate with the First 5 Humboldt Executive Director (hereinafter “ED”) or a designee thereof.
2. TERM:
This Agreement shall begin on January 1, 2022 and shall remain in full force and effect until June 30 th, 2022 unless sooner terminated as provided herein or unless extended by the written agreement of both parties.
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3. TERMINATION:
A. Termination for Cause. First 5 Humboldt may, in its sole discretion, immediately terminate this Agreement, if GRANTEE fails to adequately perform the services required hereunder, fails to comply with the terms or conditions set forth herein, or violates any local, state or federal law, regulation or standard applicable to its performance hereunder.
B. Termination Without Cause. First 5 Humboldt may terminate this Agreement without cause upon thirty (30) days advance written notice which states the effective date of the termination.
First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 2 C. Termination due to Insufficient Funding. First 5 Humboldt’s obligations under this Agreement are contingent upon the availability of local, state and/or federal funds. In the event such funding is reduced or eliminated, First 5 Humboldt shall, at its sole discretion, determine whether this Agreement shall be terminated. First 5 Humboldt shall provide GRANTEE seven (7) days advance written notice of its intent to terminate this Agreement due to insufficient funding.
D. Compensation Upon Termination. In the event this Agreement is terminated, GRANTEE shall be entitled to compensation for uncompensated services rendered hereunder through and including the effective date of such termination. However, this provision shall not limit or reduce any damages owed to First 5 Humboldt due to a breach of this Agreement by GRANTEE.
E. Termination by GRANTEE. GRANTEE may terminate this agreement upon thirty (30) days advance written notice which states the effective date of the termination.
4. GRANT FUNDS:
A. Grant Amount. FIRST 5 agrees to pay GRANTEE a sum not to exceed seven thousand dollars ($7,000.00) towards GRANTEE’S costs in carrying out the Project over the six month period of this Agreement (January 2022 through June 2022). Costs for labor and materials shall be as set forth in the Project Budget attached hereto as Exhibit C and incorporated by reference.
Deviations exceeding 10% of any single category proposed in the line item budget must receive written approval of the First 5 Humboldt ED.
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B. Schedule of Rates. The specific rates and costs applicable to this Agreement are set forth in Exhibit C – Budget, which is attached hereto and incorporated herein by reference as if set forth in full.
C. Additional Services. Any additional services not otherwise provided for herein shall not be provided by GRANTEE, or compensated by First 5 Humboldt, without written authorization by First 5 Humboldt. Any and all unauthorized costs and expenses incurred above the maximum payable amount of seven thousand dollars ($7,000.00) shall be the responsibility of GRANTEE.
GRANTEE shall notify First 5 Humboldt, in writing, at least six (6) weeks prior to the date upon which GRANTEE estimates that the maximum payable amount will be reached.
5. PROHIBITION AGAINST SUPPLANTING STATE OR LOCAL FUNDS:
GRANTEE shall comply with the requirements of Revenue and Taxation Code Section 30131.4, which provides that Proposition 10 funds shall only be used to supplement existing levels of service and not to fund existing levels of service. GRANTEE agrees that the grant funds received pursuant to this Agreement shall be used to enhance the quality or quantity of its services, and not to supplant existing funding, including state or local General Fund money.
6. COMPLIANCE WITH FIRST 5 REQUIREMENTS:
A. GRANTEE shall comply with all rules, regulations, requirements, and directives of FIRST 5 as set forth in the First 5 Humboldt’s Strategic Plan, First 5 Humboldt Evaluation Policy for Continuation of Existing Programs (Exhibit D), First 5 Humboldt Social Media Policy (Exhibit E), First 5 Humboldt Healthy Beverage Policy (Exhibit F), and other First 5 Humboldt policies, all of which are posted on the First 5 Humboldt website at www.first5humboldt.org.
First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 3 B. These rules, regulations, requirements, and directives include (but are not limited to) the following:
i. All Program leaders must be fingerprinted and undergo a background check to obtain a criminal clearance;
ii. Tobacco use is prohibited at all times at all places where Project activities occur; iii. Grantees who wish to utilize social media during the Project must abide by the posting guidelines described in Sections 5.1 and 5.2 of the First 5 Humboldt Social Media Policy.
7. PAYMENT:
A. Invoicing: GRANTEE shall submit an invoice to First 5 Humboldt no less frequently than quarterly, which itemizes all services rendered and costs and expenses incurred pursuant to the terms and conditions of this Agreement. Invoices shall be in a format approved by, and shall include backup documentation as specified by First 5 Humboldt ED.
B. Final Invoice: GRANTEE shall submit a final invoice for payment within thirty (30) days following the expiration or termination date of this Agreement. Payment for services rendered, and costs and expenses incurred, pursuant to the terms and conditions of this Agreement shall be made within thirty (30) days after the receipt of approved invoices. Any and all invoices submitted by GRANTEE shall be sent to First 5 Humboldt at the following address:
First 5 Humboldt
Mary Ann Hansen, Executive Director
325 2nd St. Suite 201
Eureka Ca 95501
8. NOTICES:
Any and all notices required to be given pursuant to the terms of this Agreement shall be in writing and either served personally or sent by certified mail, return receipt requested, to the respective addresses set forth below. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing.
First 5 Humboldt: First 5 Humboldt
Mary Ann Hansen, Executive Director
325 2nd St. Suite 201
Eureka Ca 95501
GRANTEE: Cameron Mull, Director
Fortuna Parks and Recreation Department
5 Park St,
Fortuna, CA 95540
9. REPORTS:
GRANTEE shall submit a Final Progress Report, describing the work accomplished during the entire period of the Agreement, to First 5 Humboldt no later than the 30th day of the month following the end of Agreement’s termination date. First 5 Humboldt shall provide Final Progress Report guidelines to GRANTEE no later than 45 days prior to the Report due dates. In addition to Final Reports, First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 4 GRANTEE shall comply with all other reporting and evaluation requirements as set forth in GRANTEE’s Project Scope of Work (Exhibit A), Evaluation Plan (Exhibit B), and the terms of the First 5 Humboldt Evaluation Policy for Continuation of Existing Programs (Exhibit D).
GRANTEE agrees to provide First 5 Humboldt with any and all reports that may be required by any local, state and/or federal agencies for compliance with this Agreement. GRANTEE shall submit one (1) hard copy and one (1) electronic copy of any and all reports required hereunder in a format that complies with the Americans with Disabilities Act and any other applicable accessibility laws, regulations and standards. Any and all reports required hereunder shall be submitted in accordance with any and all applicable timeframes using the format required by the State of California as appropriate.
10. RECORD RETENTION AND INSPECTION:
A. Maintenance and Preservation of Records. GRANTEE agrees to timely prepare accurate and complete financial, performance and payroll records, documents and other evidence relating to the services provided pursuant to the terms and conditions of this Agreement, and to maintain and preserve said records for at least three (3) years from the date of final payment hereunder, except that if any litigation, claim, negotiation, audit or other action is pending, the records shall be retained until completion and resolution of all issues arising therefrom. Such records shall be original entry books with a general ledger itemizing all debits and credits for the services provided pursuant to the terms and conditions of this Agreement.
B. Inspection of Records. Pursuant to California Government Code Section 8546.7, all records, documents, conditions and activities of GRANTEE, and its subGRANTEEs, related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.
GRANTEE hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by First 5 Humboldt and any other duly authorized local, state and/or federal agencies. GRANTEE further agrees to allow interviews of any of its employees who might reasonably have information related to such records by First 5 Humboldt and any other duly authorized local, state and/or federal agencies. All examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs of administering this Agreement.
C. Audit Costs. In the event of an audit exception or exceptions related to the services provided pursuant to the terms and conditions of this Agreement, the party responsible for not meeting the requirements set forth herein shall be responsible for the deficiency and for the cost of the audit.
If the allowable expenditures cannot be determined because GRANTEE’s documentation is nonexistent or inadequate, according to generally accepted accounting practices, the questionable cost shall be disallowed by First 5 Humboldt.
11. MONITORING:
GRANTEE agrees that First 5 Humboldt has the right to monitor all activities related to this Agreement, including, without limitation, the right to review and monitor GRANTEE’s records, policies, procedures and overall business operations, at any time, in order to ensure compliance with the terms and conditions of this Agreement. GRANTEE will cooperate with a corrective action plan, if deficiencies in GRANTEE’s records, programs or procedures are identified by First 5 Humboldt.
However, First 5 Humboldt is not responsible, and will not be held accountable, for overseeing or First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 5 evaluating the adequacy of GRANTEE’s performance hereunder.
12. CONFIDENTIAL INFORMATION:
A. Disclosure of Confidential Information. In the performance of this Agreement, GRANTEE may receive information that is confidential under local, state or federal law. GRANTEE hereby agrees to protect all confidential information in conformance with any and all applicable local, state and federal laws, regulations, policies, procedures and standards, including, without limitation: California Welfare and Institutions Code Sections 827, 5328, 10850 and 14100.2; California Health and Safety Code Sections 1280.15 and 1280.18; the California Information Practices Act of 1977; the California Confidentiality of Medical Information Act (“CMIA”); the United States Health Information Technology for Economic and Clinical Health Act (“HITECH Act”); the United States Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and any current and future implementing regulations promulgated thereunder, including, without limitation, the Federal Privacy Regulations contained in Title 45 of the Code of Federal Regulations (“C.F.R.”) Parts 160 and 164, the Federal Security Standards contained in 45 C.F.R.
Parts 160, 162 and 164 and the Federal Standards for Electronic Transactions contained in 45 C.F.R. Parts 160 and 162, all as may be amended from time to time.
B. Continuing Compliance with Confidentiality Requirements. The parties acknowledge that local, state and federal laws, regulations and standards pertaining to confidentiality, electronic data security and privacy are rapidly evolving and that amendment of this Agreement may be required to ensure compliance with such developments. Each party agrees to promptly enter into negotiations concerning an amendment to this Agreement embodying written assurances consistent with the requirements of HIPAA, the HITECH Act, the CMIA and any other applicable local, state and federal laws, regulations or standards.
13. NON-DISCRIMINATION COMPLIANCE:
A. Professional Services and Employment. In connection with the execution of this Agreement, GRANTEE, and its sub-GRANTEEs, shall not unlawfully discriminate in the provision of professional services or against any employee or applicant for employment because of: race; religion or religious creed; color; age, over forty (40) years of age; sex, including, without limitation, gender identity and expression, pregnancy, childbirth and related medical conditions; sexual orientation, including, without limitation, heterosexuality, homosexuality and bisexuality; national origin; ancestry; marital status; medical condition, including, without limitation, cancer and genetic characteristics; mental or physical disability, including, without limitation, HIV status and AIDS; political affiliation; military service; denial of family care leave; or any other classifications protected by local, state, or federal laws or regulations. Nothing herein shall be construed to require the employment of unqualified persons.
B. Compliance with Anti-Discrimination Laws. GRANTEE further assures that it, and its subGRANTEEs, will abide by the applicable provisions of: Title VI and Title VII of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; the Food Stamp Act of 1977; Title II of the Americans with Disabilities Act of 1990; the California Fair Employment and Housing Act; California Civil Code Sections 51, et seq.; California Government Code Sections 4450, et seq.; California Welfare and Institutions Code Section 10000; Division 21 of the California Department of Social Services Manual of Policies and Procedures; United States Executive Order 11246, as amended and supplemented by United States Executive Order 11375 and 41 C.F.R. Part 60; and any other applicable local, state and/or federal laws and regulations, all as may be amended from time to time. The applicable First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 6 regulations of the California Fair Employment and Housing Commission implementing California Government Code Section 12990, set forth in Sections 8101, et seq. of Title 2, of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
14. NUCLEAR-FREE HUMBOLDT COUNTY ORDINANCE COMPLIANCE:
By executing this Agreement, GRANTEE certifies that it is not a Nuclear Weapons GRANTEE, in that GRANTEE is not knowingly or intentionally engaged in the research, development, production or testing of nuclear warheads, nuclear weapons systems or nuclear weapons components as defined by the Nuclear-Free Humboldt County Ordinance. GRANTEE agrees to notify First 5 Humboldt immediately if it becomes a Nuclear Weapons GRANTEE as defined above. First 5 Humboldt may immediately terminate this Agreement if it determines that the foregoing certification is false or if GRANTEE subsequently becomes a Nuclear Weapons GRANTEE.
15. DRUG-FREE WORKPLACE CERTIFICATION:
By executing this Agreement, GRANTEE certifies that it will provide a drug-free workplace in accordance with the requirements of the Drug-Free Workplace Act of 1990 (California Government Code Sections 8350, et seq.), by doing all of the following:
A. Drug-Free Policy Statement. Publish, as required by California Government Code Section 8355(a)(1), a Drug-Free Policy Statement which notifies employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited, and specifies the actions to be taken against employees for violations.
B. Drug-Free Awareness Program. Establish, as required by California Government Code Section 8355(a)(2), a Drug-Free Awareness Program which informs employees about:
1. The dangers of drug abuse in the workplace;
2. GRANTEE’s policy of maintaining a drug-free workplace;
3. Any available counseling, rehabilitation and employee assistance programs; and
4. Penalties that may be imposed upon employees for drug abuse violations.
C. Drug-Free Employment Agreement. Ensure, as required by California Government Code Section 8355(a)(3), that every employee who provides services hereunder will:
1. Receive a copy of GRANTEE’s Drug-Free Policy Statement; and
2. Agree to abide by GRANTEE’s Drug-Free Policy as a condition of employment.
D. Effect of Non-Compliance. Failure to comply with the requirements set forth herein may result in termination of this Agreement and/or ineligibility for award of future contracts.
16. INDEMNIFICATION:
A. Hold Harmless, Defense and Indemnification. GRANTEE shall hold harmless, defend and indemnify First 5 Humboldt, the County of Humboldt, and the agents, officers, officials, employees and volunteers of both First 5 Humboldt and the County of Humboldt, from and against any and all claims, demands, losses, damages, liabilities, expenses and costs of any kind or nature, including, without limitation, attorney’s fees and other costs of litigation, arising out of, or in connection with, GRANTEE’s negligent performance of, or failure to comply with, any First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 7 of the duties and/or obligations contained herein, except such loss or damage which was caused by the sole negligence or willful misconduct of First 5 Humboldt.
B. Effect of Insurance. Acceptance of the insurance required by this Agreement shall not relieve GRANTEE from liability under this provision. This provision shall apply to all claims for damages related to GRANTEE’s performance hereunder regardless of whether any insurance is applicable or not. The insurance policy limits set forth herein shall not act as a limitation upon the amount of indemnification or defense to be provided hereunder.
17. INSURANCE REQUIREMENTS:
This Agreement shall not be executed by First 5 Humboldt, and GRANTEE is not entitled to any rights hereunder, unless certificates of insurance, or other proof that the following provisions have been complied with and are filed with First 5 Humboldt.
A. General Insurance Requirements. Without limiting GRANTEE’s indemnification obligations set forth herein, GRANTEE, and its sub GRANTEEs, shall take out and maintain, throughout the term of this Agreement, and any extensions thereof, the following policies of insurance, placed with insurers authorized to do business in the State of California with a current A.M.
Bests rating of no less than A: VII or its equivalent against personal injury, death and property damage which may arise from, or in connection with, the activities of GRANTEE and its agents, officers, directors, employees, assignees or sub GRANTEEs:
1. Comprehensive or Commercial General Liability Insurance at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence form CG 0001), in an amount of One Million Dollars ($1,000,000.00) per occurrence for any one (1) incident, including, but not limited to, personal injury, death and property damage. If a general aggregate limit is used, such limit shall apply separately hereto or shall be twice the required occurrence limit.
2. As stated in the Scope of Work – GRANTEE will not drive an automobile in the performance of this Project for First 5 Humboldt. This prohibition can only be changed by mutual written agreement of First 5 Humboldt and GRANTEE. If that occurs, GRANTEE will first obtain and maintain Automobile/Motor Liability Insurance with a limit of liability not less than One Million Dollars ($1,000,000.00) combined single limit coverage. Such insurance shall include coverage of all owned, hired and non-owned vehicles, and be at least as broad as Insurance Service Offices Form Code 1 (any auto).
3. Workers’ Compensation Insurance, as required by the California Labor Code, with statutory limits, and Employers Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Said policy shall contain, or be endorsed to contain, a waiver of subrogation against First 5 Humboldt and its agents, officers, officials, employees and volunteers.
B. Special Insurance Requirements. Said policies shall, unless otherwise specified herein, be endorsed with the following provisions:
1. The Comprehensive or Commercial General Liability Policy shall provide that First 5 Humboldt, the County of Humboldt, and the agents, officers, officials, employees and volunteers of both First 5 Humboldt and the County of Humboldt, are covered as additional First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 8 insured for liability arising out of the operations performed by, or on behalf of, GRANTEE.
The coverage shall contain no special limitations on the scope of protection afforded to First 5 Humboldt or its agents, officers, officials, employees and volunteers. Said policy shall also contain a provision stating that such coverage:
a. Includes contractual liability.
b. Does not contain exclusions as to property damage caused by explosion or collapse of structures or underground damage, commonly referred to as “XCU Hazards.” c. Is the primary insurance with regard to First 5 Humboldt. d. Does not contain a pro-rata, excess only and/or escape clause. e. Contains a cross liability, severability of interest or separation of insureds clause.
2. The above-referenced policies shall not be canceled, non-renewed or materially reduced in coverage without thirty (30) days prior written notice being provided to First 5 Humboldt in accordance with the notice requirements set forth herein. It is further understood that GRANTEE shall not terminate such coverage until First 5 Humboldt receives adequate proof that equal or better insurance has been secured.
3. The inclusion of more than one (1) insured shall not operate to impair the rights of one (1) insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one (1) insured shall not operate to increase the limits of the insurer’s liability.
4. For claims related to this Agreement, GRANTEE’s insurance is the primary coverage to First 5 Humboldt, and any insurance or self-insurance programs maintained thereby are excess to GRANTEE’s insurance and will not be used to contribute therewith.
5. Any failure to comply with the provisions of this Agreement shall not affect the coverage provided to First 5 Humboldt or its agents, officers, officials, employees and volunteers.
6. GRANTEE shall furnish First 5 Humboldt with certificates and original endorsements effecting the required coverage prior to execution of this Agreement. The endorsements shall be on forms approved by the Humboldt First 5 Humboldt Risk Manager. Any deductible or self-insured retention over One Hundred Thousand Dollars ($100,000.00) shall be disclosed to, and approved by, First 5 Humboldt. If GRANTEE does not keep all required policies in full force and effect, First 5 Humboldt may, in addition to any other available remedies, take out the necessary insurance and deduct the cost of said insurance from the monies owed to GRANTEE under this Agreement.
7. First 5 Humboldt is to be notified immediately if twenty-five percent (25%) or more of any required insurance aggregate limit is encumbered, and GRANTEE shall be required to purchase additional coverage to meet the above-referenced aggregate limits.
C. Insurance Notices. Any and all insurance notices required hereunder shall be sent to the addresses set forth below in accordance with the notice provisions described herein.
First 5 Humboldt: First Five Humboldt
Attention: Dan Berman
325 2nd St, Suite 201
Eureka, California 95501
First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 9 GRANTEE: Cameron Mull, Director
Fortuna Parks and Recreation Department
5 Park St,
Fortuna, CA 95540
18. RELATIONSHIP OF PARTIES:
It is understood that this Agreement is by and between two (2) independent entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or any other similar association. Both parties further agree that GRANTEE shall not be entitled to any benefits to which First 5 Humboldt employees are entitled, including, without limitation, overtime, retirement, leave or workers’ compensation benefits. GRANTEE shall be solely responsible for the acts or omissions of its agents, officers, employees, assignees and sub-GRANTEEs.
19. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND STANDARDS:
A. General Legal Requirements. GRANTEE agrees to comply with any and all local, state and federal laws, regulations, policies, procedures and standards applicable to the services provided pursuant to the terms and conditions of this Agreement.
B. Licensure Requirements. GRANTEE agrees to comply with any and all local, state and federal licensure, certification and accreditation requirements and standards applicable to the services provided pursuant to the terms and conditions of this Agreement.
C. Accessibility Requirements. GRANTEE agrees to comply with any and all applicable accessibility requirements set forth in the Americans with Disabilities Act, Section 508 of the Rehabilitation Act of 1973, as amended, California Government Code Section 1135 and any current and future implementing regulations, policies, procedures and standards promulgated thereunder, including, without limitation, the federal accessibility standards set forth in 36 C.F.R.
Section 1194.1, all as may be amended from time to time.
D. Conflict of Interest Requirements. GRANTEE agrees to comply with any and all applicable conflict of interest requirements set forth in the California Political Reform Act and any current and future implementing regulations, policies, procedures and standards promulgated thereunder, including, without limitation, First 5 Humboldt’s Conflict of Interest Code, all as may be amended from time to time.
20. PROVISIONS REQUIRED BY LAW:
This Agreement is subject to any additional local, state and federal restrictions, limitations or conditions that may affect the terms, conditions or funding of this Agreement. This Agreement shall be read and enforced as though all legally required provisions are included herein, and if for any reason any such provision is not included, or is not correctly stated, the parties agree to amend the pertinent section to make such insertion or correction.
21. REFERENCE TO LAWS, REGULATIONS AND STANDARDS:
In the event any law, regulation or standard referred to herein is amended during the term of this Agreement, the parties agree to comply with the amended provision as of the effective date thereof.
First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 10
22. SEVERABILITY:
If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.
23. ASSIGNMENT:
Neither party shall delegate its duties nor assign its rights hereunder, either in whole or in part, without the other party’s prior written consent. Any assignment by GRANTEE in violation of this provision shall be void, and shall be cause for immediate termination of this Agreement. This provision shall not be applicable to service agreements or other arrangements usually or customarily entered into by either party to obtain supplies, technical support or professional services.
24. AGREEMENT SHALL BIND SUCCESSORS:
All provisions of this Agreement shall be fully binding upon, and inure to the benefit of, the parties and to each of their heirs, executors, administrators, successors and permitted assigns.
25. WAIVER OF DEFAULT:
The waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. In no event shall any payment by First 5 Humboldt constitute a waiver of any breach of this Agreement which may then exist on the part of GRANTEE. Nor shall such payment impair or prejudice any remedy available to First 5 Humboldt with respect to the breach or default. First 5 Humboldt shall have the right to demand repayment of, and GRANTEE shall promptly refund, any funds disbursed to GRANTEE which First 5 Humboldt determines were not expended in accordance with the terms of this Agreement.
26. AMENDMENT:
This Agreement may be amended at any time during the term of this Agreement upon the mutual consent of both parties. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.
27. NON-LIABILITY OF FIRST 5 HUMBOLDT OFFICIALS AND EMPLOYEES:
No official or employee of First 5 Humboldt shall be personally liable for any default or liability under this Agreement.
28. STANDARD OF PRACTICE:
GRANTEE warrants that it has the degree of learning and skill ordinarily possessed by reputable professionals practicing in similar localities in the same profession and under similar circumstances.
GRANTEE’s duty is to exercise such care, skill and diligence as professionals engaged in the same profession ordinarily exercise under like circumstances.
29. TITLE TO INFORMATION AND DOCUMENTS:
First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 11 It is understood that any and all documents, information and reports concerning the subject matter of this Agreement prepared and/or submitted by GRANTEE shall become the property of First 5 Humboldt. However, GRANTEE may retain copies of such documents, information and reports for its records. In the event this Agreement is terminated, GRANTEE shall promptly turn over all such documents, information and reports to First 5 Humboldt without exception or reservation.
30. JURISDICTION AND VENUE:
This Agreement shall be construed in accordance with the laws of the State of California. Any dispute arising hereunder, or relating hereto, shall be litigated in the State of California and venue shall lie in the County of Humboldt unless transferred by court order pursuant to California Code of Civil Procedure Sections 394 or 395.
31. ADVERTISING AND MEDIA RELEASE:
Any and all informational material related to this Agreement shall receive approval from First 5 Humboldt prior to being used as advertising or released to the media, including, without limitation, television, radio, newspapers and internet. GRANTEE shall inform First 5 Humboldt of all requests for interviews by the media related to this Agreement before such interviews take place; and First 5 Humboldt shall be entitled to have a representative present at such interviews. All notices required by this provision shall be given to First 5 Humboldt ED in accordance with the notice requirements set forth herein.
32. SUBCONTRACTS:
GRANTEE shall obtain prior written approval from First 5 Humboldt before subcontracting any of the services to be provided pursuant to the terms and conditions of this Agreement. Any and all subcontracts shall be subject to all applicable terms and conditions of this Agreement. GRANTEE shall remain legally responsible for the performance of all terms and conditions of this Agreement, including, without limitation, any and all services provided by third-parties under subcontracts, whether approved by First 5 Humboldt or not.
33. ATTORNEYS’ FEES:
If either party shall commence any legal action, including, without limitation, an action for declaratory relief, against the other by reason of the alleged failure of the other to perform any of its obligations hereunder, the party prevailing in said action shall be entitled to recover court costs and reasonable attorneys’ fees, including, but not limited to, the reasonable value of services rendered by the Humboldt First 5 Humboldt Counsel’s Office, to be fixed by the court, and such recovery shall include court costs and attorneys’ fees on appeal, if applicable. As used herein, “prevailing party” means the party who dismisses an action in exchange for payment of substantially all sums allegedly due, performance of provisions allegedly breached, or other considerations substantially equal to the relief sought by said party, as well as the party in whose favor final judgment is rendered.
34. SURVIVAL OF PROVISIONS:
The duties and obligations of the parties set forth in Section 3.D – Compensation Upon Termination, Section 8 – Record Retention and Inspection, Section 10 – Confidential Information, and Section 14 – Indemnification, shall survive the expiration or termination of this Agreement.
First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 12
35. CONFLICTING TERMS OR CONDITIONS:
In the event of any conflict in the terms or conditions set forth in any other agreements in place between the parties hereto and the terms and conditions set forth in this Agreement, the terms and conditions set forth herein shall have priority.
36. INTERPRETATION:
This Agreement, as well as its individual provisions, shall be deemed to have been prepared equally by both of the parties hereto, and shall not be construed or interpreted more favorably for one (1) party on the basis that the other party prepared it.
37. INDEPENDENT CONSTRUCTION:
The titles of the sections and subsections set forth herein are inserted for convenience of reference only, and shall be disregarded in construing or interpreting any of the provisions of this Agreement.
38. FORCE MAJEURE:
Neither party hereto shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control, and without the fault or negligence, of such party. Such events shall include, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism or other disasters, whether or not similar to the foregoing.
39. ENTIRE AGREEMENT:
This Agreement contains all of the terms and conditions agreed upon by the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the parties hereto. In addition, this Agreement shall supersede in their entirety any and all prior agreements, promises, representations, understandings and negotiations of the parties, whether oral or written, concerning the same subject matter. Any and all acts which may have already been consummated pursuant to the terms and conditions of this Agreement are hereby ratified.
40. COUNTERPART EXECUTION:
This Agreement, and any amendments hereto, may be executed in one (1) or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one (1) and the same agreement. A signed copy of this Agreement, and any amendments hereto, transmitted by email or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement and any amendments hereto.
41. AUTHORITY TO EXECUTE:
Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such party’s obligations hereunder have been duly authorized.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the first date written First 5 Humboldt Playgroup Agreement City of Fortuna FY 2021-22 13 above.
For City of Fortuna
By: _____________________________________ Date: ______________ For First 5 Humboldt:
By: _______________________________________
Date: _______________________
Mary Ann Hansen
Executive Director, First 5 Humboldt
AND INDEMNIFICATION REQUIREMENTS APPROVED:
By: _______________________________________ Date: _______________________ Risk Management
County of Humboldt
LIST OF EXHIBITS:
Exhibit A – Scope of Work
Exhibit B – Evaluation Plan
Exhibit C - Budget
Exhibit D - First 5 Humboldt Program Evaluation Policy
Exhibit E - First 5 Humboldt Social Media Policy
Exhibit F - First 5 Humboldt Healthy Beverage Policy
Merritt Perry
City Manager
City of Fortuna
EXHIBIT A
1 First 5 Humboldt Playgroups
Exhibit A
Scope of Work
FY 2020-2022
The COVID-19 pandemic and associated public health measures will dramatically affect the ‘normal’ activities and scope of work for First 5 Humboldt sponsored playgroups in fiscal year 2020/2021. In recognition of the varying capacities of each playgroup, and their specific knowledge of the needs in their community, First 5 Humboldt is providing flexibility for each playgroup to explore different approaches to providing support and connection for families during this challenging and stressful time. The following ‘Pandemic Scope of Work’ includes a range of possible activities that each playgroup can implement using First 5 Playgroup Grant Funds. Each Playgroup will need to report on the specific activities they undertake in their invoicing and reports, and to track the number of families/children served regardless of the activities provided.
Playgroups may choose to go on hold during the pandemic and not utilize First 5 Grant Funds to provide services. Please be aware that Playgroup Grant funds cannot be ‘carried over’ between fiscal years.
The ‘Regular' Playgroup Scope of Work is included below, but will not go into effect until public health conditions allow us to return to inperson playgroups.
COVID-19 PANDEMIC SCOPE OF WORK
This is the applicable Scope of Work until First 5 Humboldt notifies playgroups of a change.
Major Activities – Playgroups may implement some or all of these activities during the pandemic.
Timeline Responsible
Person/Position
Documentation of work performed
1. Providing internet-based opportunities for family support and connection. This can include online playgroup meetings, and live or pre-recorded online content such as storytime, music, or parenting discussions. Playgroup leaders should also share other pandemic appropriate opportunities with their families such as Library programs, other First 5 Humboldt activities, and available online 7/20-6/21 Playgroup
facilitator(s)/supervisor(s)
• Track the number and type of
online support provided.
• Track the attendance at online
meetings.
EXHIBIT A
2 activities and resources as appropriate.
2. Producing and distributing activity kits. Activity kit materials are eligible grant expenses. Activity kits should be focused not on just providing toys, but on activities that encourage family engagement and interaction.
7/20-6/21 • Track the number of kits
distributed.
• Document the type of materials
provided in kits.
• Document promotional efforts
3. Provide resource and referral assistance to families in playgroup as needed. Playgroup leaders should encourage families in need of additional assistance and support to contact the First 5 Humboldt Playgroup Specialists as well as providing referrals to other services as appropriate. Playgroups should regularly share information 7/20-6/21 Playgroup
facilitator(s)/supervisor(s)
• F5H Participant Survey results
• Observations by F5H Humboldt
staff
4. Distributing essentials including food and diapers and promoting such distributions to playgroup families (where applicable).
Playgroups may utilize playgroup funds to assist in distributing food, diapers, and other basic needs to playgroup families. Playgroup grant funds alone are likely not sufficient to purchase such materials but can support staff time for such efforts. This is most likely to be effective where a playgroup is co-located with a Family Resource Center, Community Resource Center, or similar entity.
7/20-6/21 Playgroup facilitator(s),
supervisors
• Number of families receiving
distributions (or use the number
of kits/materials distributed)
• Type of materials distributed
• Document promotional efforts
5. Provide individual support and communication with playgroup families via phone, text, or online mediums. Playgroup leaders are encouraged to serve as a source of support and contact for families, and to direct families to additional support where appropriate. 7/20-6/21 Playgroup facilitator(s),
supervisors, F5 Humboldt
staff/Specialists/other
designees
• Track the number of families
served.
• Where applicable, track referrals
to other support (Specialists…)
6. **Where approved by Public Health** - Playgroups may propose outdoor activities that meet all current public health guidance – but any such activities must be formally proposed to and approved by County Public Health Dept. Examples include an outside ‘Parenting walk’ for children young enough to be carried by parents, or an outside Parent-Child Yoga class. Any such program must first be approved by County Health, and playgroups must be prepared to 7/20-6/21 Playgroup facilitator(s),
supervisors
• County Health Approval of
Activity Plan
• Number and description of
events
• Number of participants
EXHIBIT A
3 enforce safety requirements (masks, distancing) and to adapt or cease the program if County Health guidance changes.
7. Participate in regular online meetings with Specialists and First 5 staff to share experiences and ideas and coordinate efforts. 7/20-6/21 Playgroup facilitator(s),
supervisors (as requested
by First 5 Humboldt)
• Sign-in sheets at F5H convenings
8. Conduct evaluation and documentation activities as stated in the Evaluation Plan, the Documentation requirements in this table, and complete a semi-annual and a final report summarizing activities undertaken and the number of families served.
7/20-6/21 Playgroup facilitator(s),
supervisors
• Sign-in sheets and Playgroup
Attendance Duplicated Counts
Excel Form, Unduplicated Counts
Excel form, other data forms,
F5H Participant Survey (all forms
and surveys provided by F5H)
• Notes from Technical Assistance
meetings/activities with F5H staff
and evaluators
• F5H Participant Survey results
9. Agree to not transport children and their parents in the performance of services for F5H. No automobile use is allowable under this grant
7/19-6/20 Playgroup supervisors •
EXHIBIT A
4 ‘Regular’ (Non-Pandemic) Playgroup Scope of Work
First 5 Humboldt will notify playgroups when public health conditions allow us to return to in-person playgroups and this Scope goes into effect. Until then please utilize the ‘Pandemic SOW’ above.
Major Activities Responsible
Person/Position
Documentation of work performed
1. Provide playgroup for families with children ages 0-5 X times/week (X varies from 1-3 by program) for a minimum of 40 weeks/year.
Provide playgroup for an average of at least (minimum 5, max varies by program) children per session and maintain staffing levels of at least one staff person per 10 families
Playgroup
facilitator(s)/supervisor(s)
• Sign-in sheets and Playgroup
Attendance Duplicated Counts
Excel Form (all forms referenced
are provided by First 5
Humboldt[F5H])
• Unduplicated Counts Excel form
• Photos
2. Submit a calendar of scheduled Playgroup meetings for the period of July 1, 20xx – June 30, 20xx to First 5 Humboldt by August 12, 20xx. • Calendar of scheduled playgroup
meetings
• Sign-in sheets
3. Provide resource and referral assistance to families in playgroup as needed
Playgroup
facilitator(s)/supervisor(s)
• F5H Participant Survey results
• Observations by F5H Humboldt
staff
4. Ensure all Required Essential Practices (as described on the Required Essential Practices form) are in process by September 2018 and are fully implemented by January 20xx
Playgroup facilitator(s),
supervisors
• F5H Participant Survey results
• Observations by F5H staff
• Notes from Technical Assistance
meetings/activities with F5H staff
4. Participate in technical assistance/other activities provided by First 5 and/or First 5 designees that will encourage/support:
• Fully implementing all Required Essential Practices by January Playgroup facilitator(s),
supervisors, F5 Humboldt
staff/Specialists/other
• Notes from Technical Assistance
meetings/activities with
F5H/Specialists/ designees
EXHIBIT A
5 20xx
• Increasing program staff skills in providing outreach and a welcoming environment to diverse families and caregivers including, but not limited to those who reflect diversity of race, ethnicity, gender, age, sexual orientation, income or ability. • Ensuring that outreach, inclusion and program activities are culturally proficient.
• Working with Specialists to facilitate inclusion of families with children with special needs into playgroup as appropriate • Working with the Library to support literacy activities. • Informing parents about services, programs and events in the community
• Working on developmentally appropriate literacy-related activities, including daily reading, art and music
• Providing services and activities that promote/integrate protective factors: parental resilience, concrete support in times of need, knowledge of parenting and child development, social connections, and social and emotional competence of children • Accessing specific TA to help better serve Spanish-speaking families
designees • F5H Participant Survey results
5. Program leaders must inform First 5 Humboldt when a change in playgroup staff occurs to ensure that every new staff member is trained on the Required Essential Practices, and is aware of TA available to them from First 5 Humboldt
Playgroup facilitator(s),
supervisors
• E-mail notice of staff changes to
F5H
6. Participate in 2-3 county-wide and regional annual convenings of F5H Parent and Family Support Project grantees and other Technical Assistance activities as requested by F5H
Playgroup facilitator(s),
supervisors (as requested
by First 5 Humboldt)
• Sign-in sheets at F5H convenings
7. Conduct evaluation activities as stated in the Evaluation Plan, including but not limited to gathering language, ethnicities and special needs information for children on unduplicated counts forms and accessing F5H TA as needed
Playgroup facilitator(s),
supervisors
• Sign-in sheets and Playgroup
Attendance Duplicated Counts
Excel Form, Unduplicated Counts
Excel form, other data forms,
F5H Participant Survey (all forms
EXHIBIT A
6 and surveys provided by F5H)
• Notes from Technical Assistance
meetings/activities with F5H staff
and evaluators
• F5H Participant Survey results
8. Collect emergency contact information from ALL families attending Playgroup and have that information available at each Playgroup.
Emergency contact information can be collected using the First Time Attendance Form (for NON-IMPACT Playgroups), the Family Information Form (for IMPACT Playgroups), or another emergency contact form such as a city’s program liability form.
Playgroup facilitator(s),
supervisors
• Completed forms on file for all
participants
9. Agree to not transport children and their parents to playgroup sites in the performance of services for F5H. If that changes, program supervisors will inform F5H of the change, and program will take out and maintain Automobile/Motor Liability Insurance with a limit of liability of no less than five hundred thousand dollars ($500,000) combined single limit coverage. Such insurance shall include coverage of all “owned,” “hired,” and “non-owned” vehicles or coverage for “any auto.”
Playgroup supervisors • Email notice of change to F5H
and provide proof of Automobile
liability insurance, if applicable
EXHIBIT B
1 Exhibit B
First 5 Humboldt Playgroups
Evaluation Plan
FY 2021-2022
Benchmarks to be met:
A. Required numbers of participant surveys will be submitted by 12/10/22.
B. All forms such as copies of Playgroup Sign-In Sheets-and attendance data will be submitted on time using the agreed upon format.
Additional data forms/files will be submitted on time by e-mail or delivery of forms to First 5 Humboldt as requested below.
C. Submit a calendar of scheduled Playgroup meetings for the period of July 1, 2021 - June 30, 2022 to First 5 Humboldt by August 12, 2022
D. All Required Essential Practices are in place.
E. A minimum of 75% of Participant Survey respondents will Agree/Strongly agree that:
a. Staff members are welcoming and respectful
b. Staff members have helped me to learn about services, resources, and opportunities that are available in the community c. I have someone I can talk with about my concerns and frustrations d. My child has learned to feel more comfortable around other children F. Interim and End-of-Year Reports submitted on time
Information/data to be gathered How data will be gathered When Who will do tasks or provide data
Benchmark A and E:
1. Participant satisfaction and perceptions
of Playgroup activities and services
Surveys from XX Playgroup
participants (final required
number will be based on
unduplicated counts of
parent/caregiver participants in
the prior Fiscal Year and will be
sent with surveys in September
2021)
September-December 2021.
Completed surveys will be due
at the First 5 Humboldt office
by 4:00 on 12/10/21.
Playgroup
staff/supervisors
distribute and collect
survey plus distribute
incentive book upon
survey completion;
survey developed and
analyzed by First 5
Humboldt evaluators
EXHIBIT B
2 Benchmark C:
2a. Number of planned Playgroups for FY
2021-2022.
2b. Number of actual Playgroups for FY
2021-2022
2a. Calendar of scheduled
Playgroup meetings for the period
of July 1, 2021 – June 30, 2022
2b. Duplicated Counts Excel Form
which includes dates Playgroups
met. Explanation of changes to
calendar should be included in the
Interim and End-of-Year Reports
2a. Submit calendar to First 5
Humboldt by August 12, 2021
2b. Interim Report and
Duplicated Counts Excel Form
due 1/30/22
End-of-Year Report and
Duplciated Counts Excel Form
due 7/15/22
Playgroup
staff/supervisors
Benchmark B:
3. Duplicated counts of playgroup
participants including number of
parents/caregivers and ages and number
of children participating in every
playgroup
First 5 Humboldt Playgroup sign-in
sheets and Playgroup Attendance
Duplicated Counts Excel Form
First 5 Humboldt Playgroup
sign-in sheets and Playgroup
Attendance Duplicated Counts
Excel Form submitted with
Interim and End-of-Year
Reports
Playgroup
staff/supervisors
Benchmark B:
4. Unduplicated counts of playgroup
participants, including ethnicity, language
and special needs data for children
Unduplicated Counts Excel Form Unduplicated Counts Excel Form submitted with Interim
and End-of-Year Reports
as soon as possible
Playgroup
staff/supervisors
Benchmark D:
5. Status of Required Essential Practices
Required Essential Practices form Playgroup
staff/supervisors to
work with Specialists.
Specialists will submit
data to First 5 Humboldt
evaluators
EXHIBIT B
3 6. Participate in other evaluation
activities in conjunction with First 5
Humboldt Evaluators, which may include
staff interviews, parent interviews/focus
groups, site visits, technical assistance,
and other evaluation activities as
requested
Data will be gathered through
interviews/focus groups,
observations, and other methods
as appropriate
As requested Playgroup
staff/supervisors, First 5
Humboldt Evaluators
Benchmark F:
6. Report of progress, challenges,
successes, and stories
Interim and End-of-Year reports Interim Report due 1/30/22 End-of-Year Report due
7/30/22
Playgroup
staff/supervisors
Fortuna Parks & Rec- Projected Playgroup Budget 2022
Expenses:
Full Year Budget Jan-June 2022 Budget
Salaries/ Pay-rates (fully-burdened):
Facilitators: 90 playgroup days x 3.5 hours x $17.21/hr x 2 facilitators $ 10,842.30 $ 5,421.15 Recreation Supervisor (Admin): 50 weeks x 2 hours/week x $21.40/hr $ 2,140.00 $ 1,070.00 Parks & Rec Director (Admin): 50 weeks x 1 hour/week x $53.74/hr $ 2,687.00 $ 1,343.50 Finance (Admin): flat estimated $ 750.00 $ 375.00
Firemen's Pavilion Use:
90 playgroup sessions @3.5 hours x$35/hr $ 11,025.00 $ 5,512.50 Materials & Supplies: $ 5,000.00 $ 2,500.00
*Play structure, toys, balance bikes, games, rugs, etc.
Snacks:
90 playgroup days x $15/day $ 1,350.00 $ 675.00
Workshops/ trainings:
2x facilitators @$200 ea. x 2 workshops/yr $ 800.00 $ 400.00 Special Guests:
$100 per guest x 4 visits/yr $ 400.00 $ 200.00
Total Expenses: $ 34,994.30 $ 17,497.15
Funding Request from First 5 Humboldt (based on Playgroup Matrix):
Playgroups
2x Playgroups per week @30 children per session $12,500 $ 6,250.00 Anticipated Incentives:
Min. $15/hr wage for playgroup facilitators $500 $ 250.00 Bilingual facilitator $500 $ 250.00
Weekend playgroup Incentive (1 day: Sunday) $500 $ 250.00 Total Requested $14,000 $ 7,000.00
City Program Match/ Difference: $ 20,994.30 $ 10,497.15 *Initial investment (will diminish after first year; estimated to be $1,000/yr after year 1) Exhibit C - Budget
NOTES:
This grant agreement is for a six month period (January-June 2022) - the correct budget is shown in the rightmost column and totals $7,000.
First 5 Humboldt has additional funds dedicated to helping new Playgroups with equipment and materials. First 5 Humboldt staff will help the Grantee develop an equipment list and will purchase such equipment directly.
Exhibit D
1 FIRST 5 HUMBOLDT
Evaluation Policy for Continuation of Existing Programs Last Amended: September 13, 2016
Background. FIRST 5 HUMBOLDT invests in young children and their families to promote human dignity, human relationships, and engaged communities. Its work is based on community building. Community building is a process that takes place over time. FIRST 5 HUMBOLDT recognizes the programs it funds will also take time to achieve desired results. To ensure that funded programs are making real progress towards achieving desired results, program evaluation will be an integral and necessary component of all funding.
Program evaluation is two pronged: 1) To gain direction for improvement as programs are implemented, and 2) To determine program effectiveness over time. In the Strategic Plan 2005- 2008, the Commission’s approach to evaluation termed Pathways Actions was outlined and described. Pathways Actions is a progressive system of measurement that examines results over time. It is based on the Pathways Mapping Initiative established in January 2000 as part of the Project on Effective Interventions at Harvard University and developed in partnership with the Technical Resource Center of the Annie E. Casey Foundation. This system of results-based accountability enables FIRST 5 HUMBOLDT to both allow funded programs the time needed to achieve desired results and ensure they are making adequate progress. In 2009, Pathways Actions was renamed The Evaluation Framework.
Policy. It is the policy of FIRST 5 HUMBOLDT to evaluate the programs it funds using a system of results-based accountability. FIRST 5 HUMBOLDT will establish benchmarks for minimum compliance for each program, and determine achievement of benchmarks and progress towards achieving desired results through an analysis of the evaluation data submitted by programs. This data will include interim and final reports as well as input from: survey, focus group and interview results; service contacts; participant numbers; site visits; state or local data; and other data as determined by FIRST 5 HUMBOLDT and the program.
Benchmark indicators will be established based on bottom-line practices for playgroups and other best practice standards as relevant to each program. Programs which meet benchmarks will be considered for continued funding. However, achieving benchmarks does not represent an assurance of continued funding, only a minimum standard for consideration through deeper analysis. This evaluation analysis will be guided by the scope of work for each program, FIRST 5 HUMBOLDT strategic goals, current best practices in the fields of work related to each program, and a comparison of program data to the appropriate indicators of the First 5 Humboldt Evaluation Framework. Feedback will be provided to programs on interim reports, identifying strengths and areas of concern. Data to be submitted and benchmarks to be achieved by each funded program will be detailed in the evaluation plan and/or evaluation section of the legal agreement executed by the program and FIRST 5 HUMBOLDT.
Exhibit D
First 5 Humboldt Evaluation Policy
The Program Evaluation Process
2 1. In February of each year, FIRST 5 HUMBOLDT staff and evaluators will review all data from funded programs and prepare an analysis of progress achieved towards the indicators since the program began or since the prior program review.
2. In March of each year, the analysis will be presented to the FIRST 5 HUMBOLDT Program Evaluation Team and the Program Evaluation Team will prepare recommendations for the Commission. The Program Evaluation Team will include Commissioners, representatives from Commission Subcommittees including representation from the Evaluation Action Team and the Fiscal Subcommittee, and FIRST 5 HUMBOLDT staff. Recommendations from the Program Evaluation Team may include:
• Recognition of success and results
• Concerns about program effectiveness
• Suggestions for program improvements
• Establishment of additional benchmarks
• Requirements for continued funding
• Conducting an in-depth review
• Funding allocations
3. In April of each year, the Program Evaluation Team’s recommendations will be presented to FIRST 5 HUMBOLDT at a regularly scheduled Commission meeting.
4. The Commission will use the recommendations to:
• Acknowledge program leaders, partners, and communities for their achievements. • Provide guidance for improvements to existing programs. • Identify requirements for continued funding of existing programs as needed. • Determine funding allocations for existing programs within the budget decisionmaking process. • Determine funding decreases for existing programs, and the elimination of funding for existing programs.
5. No later than June 30th of each year, funding allocations including funding decreases/increases, and/or the elimination of funding for existing programs will be acted upon by the Commission at a regularly scheduled meeting. Guidance for program improvements and requirements for continued funding will be attached to each funding award as needed.
6. The Commission will recognize program results and successes by acknowledgement of programs, partners, and communities in our annual community report. 1 Exhibit E
FIRST 5 HUMBOLDT
Humboldt County Children and Families
Commission Social Media Policy
Effective Date: January 16, 2014
1. PURPOSE
1.1 The Humboldt County Children and Families Commission believes that social media is a valuable resource with the potential to expand the Commission’s ability to educate and connect with members of the Humboldt County community. Nevertheless, the technology brings an openness that is new to many organizations, and frequently invites a dramatic shift in communication style. The purpose of this policy is to provide a structure that will allow FIRST 5 HUMBOLDT representatives and third-party associates to participate safely and effectively in the fast-changing landscape of social media on the Internet.
2. SCOPE OF THE POLICY
2.1. The policy applies to all representatives of FIRST 5 HUMBOLDT when communicating on behalf of the Commission.
2.2. Grantees fulfilling obligations through executed agreements with FIRST 5 HUMBOLDT must agree to abide by the posting guidelines described in Sections 5.1 and 5.2 of this Policy.
3. DEFINITIONS
1.1 FIRST 5 HUMBOLDT Representatives are (but are not limited to) Commissioners, Commission staff, and contracted consultants for the Commissioners.
1.2 A social media account is any on-line (Internet) communication tool designed to:
1.2.1 Assist with FIRST 5 HUMBOLDT program implementation.
1.2.2 Assist with public education specific to children age 0-5 and their families.
4. MANAGEMENT AND OVERSIGHT
4.1. All social media accounts must be approved by the Executive Committee before they are created. Responsibility for management of FIRST 5 HUMBOLDT social media accounts will be assigned by the Executive Director.
5. POSTING RULES
5.1. Postings must not violate any federal, state, or municipal laws. They must not:
5.1.1. Violate rights of trademark or copyright holders, including use of non-public text, images, etc.;
5.1.2. Reveal information about ongoing investigations;
5.1.3. Circumvent public record laws.
5.2. Postings must maintain professionalism by:
Exhibit E
First 5 Humboldt-HCOE Agreement FY 2020/21
2 5.2.1. Identifying FIRST 5 HUMBOLDT by name whenever posting on behalf of the commission.
5.2.2. Using only appropriate language that is not foul, derogatory, disrespectful, inaccurate, or threatening.
5.2.3. Using social media in a productive and informative manner.
5.2.4. Being aware that what is written or posted by way of photographs or audio files will reflect on the Humboldt County Children and Families Commission; and use caution and care so that no use of social media results in damage to the organization or reputation of FIRST 5 HUMBOLT.
5.2.5. Not providing, or publishing confidential material, or using such material as part of any posting.
5.2.6. Not commenting on a community partner’s practices.
5.2.7. Not providing information relating to pending grant decisions, or other policy matters that could compromise negotiations between FIRST 5 HUMBOLDT and third party entities.
5.2.8. Be aware that all content added to a social media site is subject to open records laws and discovery rules in legal cases.
5.2.9. Be aware of the wide accessibility and the potential for long-term publicity of online posts.
5.2.10. Do not direct online users to sites that are not viable, ethical, legal, and moral, or sites that would violate any administrative directives, such as those for political activity, fraud, waste, or abuse.
5.3. Content Guidelines
5.3.1. Ensure that postings deliver a message that is consistent with FIRST 5 HUMBOLDT goals and directives, especially the four focus areas of Child Health, Family Strengthening, Early Childhood Care & Education, and Systems Integration.
5.3.2. The Commission may approve endorsements of products or commercial enterprises (movie, books, activity) ONLY under exceptional circumstances (the content should be newsworthy, essential to one of our four focus areas, and not cost prohibitive). Representatives must apply directly to the Executive Director for permission to endorse a product or enterprise.
5.3.3. Whenever possible, use social media to direct traffic to our primary website— www.first5humboldt.org
5.3.4. Promote FIRST 5 HUMBOLDT by finding and sharing information that is interesting and helpful to our followers. If possible, encourage them to share with their network and provide an example of how to do this.
5.3.5. As a FIRST 5 HUMBOLDT representative, be cognizant of the fact that you are part of the Commission’s brand, therefore be sure that what you post is related to FIRST 5 HUMBOLDT’s work and is not controversial. If there is uncertainty, discuss with the Executive Director.
5.3.6. FIRST 5 HUMBOLDT’s audience is comprised of stakeholders, politicians, and grantees.
Communication should be clear, accurate, and useful.
5.3.7. Maintain correct punctuation and grammatical usage and proofread postings to eliminate misspellings.
5.4. Managing Comments.
5.4.1. Positive comments should be noted and archived.
5.4.2. Misinformed comments should be politely corrected.
Exhibit E
3 5.4.3. Critical comments that don’t merit correction should be ignored.
5.4.4. Vulgar or extremely off-topic comments should be removed.
5.4.5. Don’t remove a post just because it is critical or misinformed. It’s an opportunity to educate.
5.4.6. Think before responding to hate-speech or negative comments. For FIRST 5 HUMBOLDT Representatives, discuss with the Executive Director before taking action.
6. SECURITY AND CONFIDENTIALITY
6.1. All social media sites are the property of the Humboldt County Children and Families Commission. All User IDs and passwords must be disclosed to the Executive Director.
6.2. FIRST 5 HUMBOLDT representatives may not neglect or abuse their social media accounts.
Accounts must be monitored a minimum of once a week, and any breaches must be reported within 24 hours of discovery.
6.3. FIRST 5 HUMBOLDT representatives and grantees must be mindful to prevent fraud and unauthorized access to accounts, and preserve the confidentiality of access passwords.
References
-County of Humboldt, Social Media Policy, 2012.
-First 5 Fresno County, Internal Social Media Guidelines, 2012. -First 5 Ventura County, Social Media Guidelines, 2011.
Healthy Beverage Policy Effective Date: May 19, 2015
FIRST 5 HUMBOLDT strives to promote health and wellness through the promotion of healthy beverages. All FIRST 5 staff, and grantees receiving FIRST 5 funding, are expected to be role models for the families they serve. Given the strong link between sugar-sweetened beverage consumption and obesity, beverages purchased with funding received from FIRST 5 HUMBOLDT and served during FIRST 5 HUMBOLDT funded events, meetings, programs, activities, and celebrations are required to meet the following nutritional guidelines:
Beverages for Children
As mentors and role models for children and families, FIRST 5 HUMBOLDT recommends that grantees provide the following healthy opportunities to the community:
• Provide water free of charge, served in pitchers rather than individual plastic bottles, whenever possible to reduce the environmental impact.
• Healthy beverages for children in
addition to water:
o Unflavored milk, e.g. cow, goat,
soy, rice, almond, oat, etc. (ages
2 and older);
o Carbonated water with no
sweeteners, flavored or
unflavored;
o 100% fruit juice portioned
according to the American
Academy of Pediatrics, 4-6 oz.
for children ages 2 – 6;
o Consider whole fruit slices in
place of juice.
Beverages for Adults
During meetings and events where there are
ONLY adults, the following beverage recommendations apply:
• Water with no sweetened additives;
• Non-caloric beverages, such as coffee or tea;
• Carbonated water with no sweeteners, flavored or unflavored; • Unflavored milk, e.g. cow, goat, soy, rice, almond, oat, etc. • 100% fruit juice.
Regardless of funding source, FIRST 5 HUMBOLDT strongly encourages serving healthy beverages during activities for young children and their families.
Exhibit F