HomeMy WebLinkAboutRegents of the University of California, The - Merced Campus Agreement Consultant - 4-28-22 LlVVUolylI CIIVCIuptC ILJ.CJMMMrL/-UUJL/µ4LGU-71 Ili-VUVr I V/VOODV
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effect on 281h of April 2022 , by and
between the CITY OF FRESNO, a California municipal corporation (City), and THE
REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California Constitutional
corporation, on behalf of its Merced campus (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional research services for the South
Central Fresno Assembly Bill 617 (AB 617) Community Health Impact Assessment
(Project); and ,
WHEREAS, the Consultant is engaged in the business of furnishing services as a
researcher for the research project contemplated by this Agreement and hereby
represents that it desires to and is professionally and legally capable of performing the
services called for by this Agreement; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19;
and
WHEREAS, this Agreement will be administered for the City by its Public Works Director
(Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Services. The Consultant, through its Principal Investigator (as defined
below), shall use reasonable efforts to perform the research activities set forth in
and attached hereto in the Scope of Work Statement in Exhibit A. Any changes
to the Research Program shall be agreed to by the parties in writing.
Notwithstanding the foregoing, University makes no warranties or representations
regarding its ability to achieve, nor shall it be bound to accomplish, any particular
research objective or results.
(a) Supervision of the Research Program. University's performance of the
Research Program will be conducted by or under the direction of Professor
Sandie Ha, (the "Principal Investigator"). In the event that Principal
Investigator leaves University or becomes unable or unwilling to continue
work under this Agreement University agrees to find a replacement Principal
Investigator reasonably acceptable to City, which acceptance shall not be
unreasonably withheld. In the event that University fails to appoint a
replacement Principal investigator reasonably acceptable to City, City shall
have a right to terminate this Agreement upon delivery to University of
written notice of intent to terminate pursuant to this Article 2, which notice
must be delivered to University not less than thirty (30) days nor more than
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ninety (90) days after delivery by University to City of the name of the
replacement Principal Investigator. City understands and agrees that
Principal Investigator is the scientific contact for University but is not
authorized to amend, modify or terminate the terms and conditions of this
Agreement. Requests to amend, modify or terminate the terms of this
Agreement must be directed to University's Sponsored Research Services
and must comply with the notice requirements of this Agreement.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect through December 31, 2023, subject to any earlier termination in
accordance with this Agreement. The services of the Consultant as described in
Exhibit A are to commence upon the Effective Date and shall be completed in a
sequence assuring expeditious completion, but in any event, all such services shall
be completed prior to expiration of this Agreement and in accordance with any
performance schedule set forth in Exhibit A.
3. Compensation.
(a) The Consultant's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total
fee not to exceed $303,473 paid on the basis of the rates set forth in the
schedule of fees and expenses contained in Exhibit A.
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month and will be payable in the normal course of City business.
The City shall not be obligated to reimburse any expense for which it has
not received a detailed invoice with applicable copies of representative and
identifiable receipts or records substantiating such expense. The City
approves the standard invoice template attached as Exhibit D.
(c) Checks shall be made payable to The Regents of the University of California
and shall be sent to:
Attn: Cashiers
5200 N. Lake Road
Merced, CA 95343
Payments should refer the Principal Investigator's last name, project title,
and City of Fresno.
(d) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modification shall include an adjustment to the
Consultant's compensation. Any change in the scope of services must be
made by written amendment to the Agreement signed by an authorized
representative for each party. The Consultant shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
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4. Termination, Remedies. and Force Maieure.
(a) This Agreement shall terminate without any liability of the City to the
Consultant upon the earlier of: (i)the Consultant's filing for protection under
the federal bankruptcy laws, or any bankruptcy petition or petition for
receiver commenced by a third party against the Consultant; (ii) thirty
calendar days prior written notice with or without cause by the City to the
Consultant; (iii) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement, the
Consultant shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to the
City any and all unearned payments and all properties and materials in the
possession of the Consultant that are owned by the City. Subject to the
terms of this Agreement, the Consultant shall be paid compensation for
services satisfactorily performed prior to the effective date of termination.
The Consultant shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) Reserved.
(d) Upon any breach of this Agreement by the Consultant, the City may
(i) exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for
convenience.
(e) The Consultant shall provide the City with adequate written assurances of
future performance, upon Administrator's request, in the event the
Consultant fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of the Consultant and
without its fault or negligence such as, acts of God or the public enemy, acts
of the City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. The Consultant shall notify Administrator in writing as soon as it is
reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, and shall remedy
such occurrence with all reasonable dispatch, and shall promptly give
written notice to Administrator of the cessation of such occurrence.
5. Confidential Information and Ownership of Documents.
(a) It is expected that the work of this Agreement can be carried out without any
of the parties disclosing confidential information to the other parties.
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Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by the Consultant without the prior written
approval of the Administrator. Consultant shall provide written notice to the
Administrator and allow for a review period of up to sixty (60) days, if the
Administrator has not responded to the Consultant's notice, the Consultant
may disseminate. During the term of the Agreement, the Administrator may
require the Consultant to refrain from dissemination of any reports,
information, or data. All confidential documents must be clearly marked as
"Confidential." If the information is orally disclosed which is deemed to be
confidential, such confidential information must be reduced to writing by the
City within thirty (30)days of the oral disclosure, and provided to Consultant.
Consultant agrees to protect Sponsor's confidential information with the
same degree of care as they would their own. The term Confidential
Information for the purposes of this Agreement shall include all proprietary
and confidential information of the City, including but not limited to business
plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium
or media. All Confidential Information shall be and remain confidential and
proprietary in the City.
(b) Reserved.
(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
(e) Pursuant to the agreement between the CITY and the SAN JOAQUIN
VALLEY UNIFIED AIR POLLUTION DISTRICT(hereafter"DISTRICT"), the
CITY is required to make available to DISTRICT for examination all of its
records and data with respect to the matters covered by the Agreement,
including the Truck Reroute Study and Health Safety analysis The CITY
shall, upon request by DISTRICT, permit DISTRICT to audit and inspect all
of such records and data necessary to ensure the CITY's compliance with
the terms of the Agreement, for a minimum of three (3) years from the date
the Agreement is completed or otherwise terminated.
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement, the City relies upon the
skill of the Consultant and any subcontractors to do and perform such services in
a skillful manner and the Consultant agrees to thus perform the services and
require the same of any subcontractors. Therefore, any acceptance of such
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services by the City shall not operate as a release of the Consultant or any
subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, the Consultant shall
indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of the Consultant, its
principals, officers, employees, agents, or volunteers in the performance of this
Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) The Consultant is self-insured. The limits included in the Consultant's
Certificate of Self Insurance, attached as Exhibit B, shall be applicable
under this Agreement.
(b) Reserved.
(c) Reserved.
(d) Reserved.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City's execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit C. During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
seq.). At any time, upon written request of the City, the Consultant shall
provide a written opinion of its legal counsel and that of any subcontractor
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that, after a due diligent inquiry, the Consultant and the respective
subcontractor(s) are in full compliance with all laws and regulations. The
Consultant shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of
any facts giving rise to the appearance of a conflict of interest, the
Consultant shall immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, the Consultant
shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit,
or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant's subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project unless fully disclosed to and
approved by the City Manager, in advance and in writing. The Consultant
and any of its subcontractors shall have no interest, direct or indirect, in any
other contract with a third party in connection with this Project unless such
interest is in accordance with all applicable law and fully disclosed to and
approved by the City Manager, in advance and in writing. Notwithstanding
any approval given by the City Manager under this provision, the Consultant
shall remain responsible for complying with Section 9(b), above.
(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Reserved.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Administrator or
designee.
(b) Records of the Consultant's expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of the Consultant pertaining to
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the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to the City until such action is resolved, or until the end of said
time period whichever shall later occur. If the Consultant should
subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply
with the requirements of this paragraph. This Section 11(b) shall survive
expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to the Consultant's employment
practices including, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
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layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) Reserved.
(e) Reserved.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant is acting
solely as an independent contractor. Neither the Consultant, nor any of its
officers, agents, or employees shall be deemed an officer, agent, employee,
joint venturer, partner or associate of the City for any purpose. The City
shall have no right to control or supervise or direct the manner or method
by which the Consultant shall perform its work and functions. However, the
City shall retain the right to administer this Agreement so as to verify that
the Consultant is performing its obligations in accordance with the terms
and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
the Consultant and the City. The Consultant shall have no authority to bind
the City absent the City's express written consent. Except to the extent
otherwise provided in this Agreement, the Consultant shall bear its own
costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant and its
officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to the City employees. The
Consultant shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all employee
benefits including, without limitation, health, welfare and retirement benefits.
In addition, together with its other obligations under this Agreement, the
Consultant shall be solely responsible, indemnify, defend and save the City
harmless from all matters relating to employment and tax withholding for
and payment of the Consultant's employees, including, without limitation, (i)
compliance with Social Security and unemployment insurance withholding,
payment of workers' compensation benefits, and all other laws and
regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment
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benefits, entitlements, programs and/or funds offered employees of the City
whether arising by reason of any common law, de facto, leased, or co-
employee rights or other theory. It is acknowledged that during the term of
this Agreement, the Consultant may be providing services to others
unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this
Agreement without the prior written approval of the City Manager or
designee. Any attempted assignment by the Consultant, its successors or
assigns, shall be null and void unless approved in writing by the City
Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any monies due
the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay
any and all monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18, Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
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however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both the City and the Consultant.
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[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO, University of California, Merced
a California municipal corporation
I:»cii S:qn by: by:
By: Sce{+ "L,Lr 6/3/2022 By. ri:5—
Scott Mozier Date
7ue sun
Public Works Director Name:
APPROVED AS TO FORM: Title: Director, sponsored Projects office
DOUGLAS T. SLOAN (If corporation or LLC., Board Chair,
City Attorney Pres. or Vice Pres.)
By: rSigned by:
f�(.. #.' 6/3/2022
TayloW'Rhoan Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
LJn--
Sp by.
6/6/2022 Any Applicable Professional License:
Number:
Date Name:
Deputy Date of Issuance:
Addresses:
CITY: CONSULTANT:
City of Fresno University of California, Merced
Attention: Jill Gormley, City Traffic Attention: Sandie Ha, Assistant
Engineer Professor, Public Health
2600 Fresno Street 5200 Lake Road
Fresno, CA 93721-2623 Merced, CA 95343
Phone: (559) 621-8800 Phone: (209) 228-3615
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
4. Exhibit D — UCM Standard Invoice Template
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EXHIBIT A
SCOPE OF WORK STATEMENT AND BUDGET
Consultant Service Agreement between City of Fresno (City)
and University of California, Merced (Consultant)
South Central Fresno Assembly Hill 517 AB617 Community Health Im act
Assessment
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8. References
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Disease and Long-term Exposure to Air Pollution With the Risk of Dementia.JAMA Neural.
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Review by the Forum of International Respiratory Societies' Environmental Committee, Part 2:
Air Pollution and Organ Systems. Chest. 2019;155(2):417-426.
4. Orru H, Ebi KL, Forsberg B.The Interplay of Climate Change and Air Pollution on Health. Curr
Environ Health Rep. 2017;4(4):504-513.
5. Lee JT. Review of epidemiological studies on air pollution and health effects in children. Clin Exp
Pediatr. 2021;64(1):3-11.
6. Guo LQ, Chen Y, Mi BB, et al.Ambient air pollution and adverse birth outcomes: a systematic
review and meta-analysis.J Zhejiang Univ Sci B. 2019;20(3):238-252.
7. Fiordelisi A, Piscitelli P,Trimarco B, Coscioni E, laccarino G,Sorriento D.The mechanisms of air
pollution and particulate matter in cardiovascular diseases. Heart Fail Rev. 2017;22(3):337-347.
8. Yang D,Yang X, Deng F, Guo X.Ambient Air Pollution and Biomarkers of Health Effect.Adv Exp
Med Biol. 2017;1017:59-102.
9. Lighthall D, Capitman J. The Long Road to Clean Air in the San Joaquin Valley:Facing the
Challenge of Public Engagement. Fresno, CA: California State University, Fresno.;2007.
10. Bengiamin M, Capitman JA, Chang X. Healthy people 2010:A 2007 profile of health status in the
San Joaquin Valley. Fresno,CA: California State University, Fresno;2008.
11. WHO. Health risk assessment of air pollution-general principles. Copenhagen: WHO Regional
Office for Europe: World Health Organization;2016.
12. The Case-Crossover Design: A Method for Studying Transient Effects on the Risk of Acute Events.
Am J Epidemiol. 2017;185(11):1174-1183.
13. Szyszkowicz M,Tremblay N. Case-crossover design: air pollution and health outcomes. Intl
Occup Med Environ Health. 2011;24(3):249-255.
14. Janes H,Sheppard L, Lumley T. Case-crossover analyses of air pollution exposure data: referent
selection strategies and their implications for bias. Epidemiology. 2005;16(6):717-726.
15. Mittleman MA, Maclure M, Robins JM.Control sampling strategies for case-crossover studies:
an assessment of relative efficiency.Am J Epidemiol. 1995;142(1):91-98.
16. Maclure M.The case-crossover design: a method for studying transient effects on the risk of
acute events.Am J Epidemiol. 1991;133(2):144-153.
0
UuuuolylI CIIVCIupJ ILJ. IV/l,DODV -
BUDGET JUSTIFICATION:
PI: Sandie Ha
Project Title: Health impacts of air pollution in Fresno, CA
Project Period: 1/01/2022 - 6/30/2023
A. SENIOR PERSONNEL:
A.1. Dr. Sandie Ha will commit a total of 3 person months. She will work on, and supervise
the research assistants working on the project.
B. OTHER PERSONNEL:
B.1.The Graduate Student Researcher (TBD)will commit 13 person academic months and
4 person summer months. The GSR will help with data management and analyses
during the academic year. During summer two Graduate Student Researchers will help
with survey data cleaning, management, and analysis.
B.2.The Undergraduate Student Assistant will assist with recruitment efforts, survey
instrument design, data cleaning and management. The student will also be helping
with administrative tasks such as IRB application and data acquisision.
Salaries are based on current actual salaries and are projected to include a 3% annual cost-
of-living adjustment(and merit, if applicable) effective each year, consistent with institutional
policy.
C. FRINGE BENEFITS:
a. 3% benefit rate is used for PI/Co-Pls.
b. 45.7% benefit rate is used for Research Scientists.
c. 14% benefit rate is used for Post-Doctoral Scholars.
d. 3% benefit rate is used for Graduate Student Researchers.
The University of California, Merced Composite Fringe Benefit Rates (CFBR) have been
reviewed and federally approved by the Department of Health and Human Services (DHHS)
for use by all fund sources for FY21. Rates beyond June 30, 2021 are estimates and are
provided for planning purposes only. Future CFBR rates are subject to review and approval
by DHHS on an annual or bi-annual basis. Fringe benefits are assessed as a percentage of
the respective employee's salary. For more information, please see:
hftps://bfs.ucmerced.edu/departments/costing-and-r)olicy/cbr
D. TUITION AND FEES:
The University of California, Merced provides full remission of tuition, all fees, and graduate
student health insurance to all graduate students who are employed on-campus at 25% time
or greater during the academic year. The rates are based on current graduate fees and are
escalated annually in the budget at a rate of 10% per year. Additional information regarding
the fee remission program can be found at:
https:!/catalog.ucmerced.edu/content.php?catoid=17&navoid=1626#fee schedule
E. TRAVEL:
E.1. Domestic: Funding is requested for domestic travel for conferences for professional
development and learn relevant methods for the project. Estimated breakdown of costs
are as follows:
SPO-1023 Version 9 1
UUUUolylI CI IVCIUVV IU. I Il,-'#Vur IUfl,DDov
Item Year 1 Year 2 Total
Airfare 1.500 1,500 3,000
Lod2ing 800 800 1,600
Meals 300 300 600
Conference 300 300 600
Registration
Transportati 100 100 200
on
TOTAL: 3,000 3,0001 6,000
E.2. Foreign: Funding is requested for foreign travel for conferences for professional
development and learn relevant methods for the project. Estimated breakdown of costs
are as follows:
Item Year 1 Year 2 Total
Airfare 3,000 0 3,000
Lodgin2 1,500 0 1,500
Meals 300 0 300
Conference 600 0 600
Registration
Transportati 600 0 600
on
TOTAL: 6.000 0 6,000
International per diem rates can be found here:
hft s://ao rals.state.aov/web9201 er diem.as
F. OTHER DIRECT COSTS:
F.1. Materials and Supplies: Funding is requested for purchasing:
F.1.1. Four (4) high performance computers for the management and linkage of large
datasets.
F.1.2. Software: ArcGIS will be used to link spatial data
F.1.3. Vital statistics requests
F.1.4. Data storage: A larger server to accomondate the large amount of data
necessary to conduct the proposed studies.
F.2. Consultant Services: Funding is requested for consultant (TBD). Environmental justice
expert consultants will advise on issues surrounding incorporating environmental justice
measures into the analyses.
F.3. UCM Biostatistics Core: An on-site recharge facility will provide comprehensive
statistical and data analysis support.
FA. Geocoding: UC Merced GIS Lab will be consulted to assist with geocoding birth
certificate data.
G. INDIRECT COSTS:
Per the sponsor's policy, indirect costs have been limited to 30% of total direct costs.
SPO-1023 Version 9 2
L./VUUJIIJ-II CIM11UPU IU.CJ/-WMrG/-UVJL.!-YLCV-.71 1%,-+UUr I U I li000V
EXHIBIT B
UNIVERSM OF CALIFORNIA
PROOF OF SELF-INSURANCE COVERAGE
The Regents of the University of California are often requested by outside parties to provide evidence
of the University's self-i nsurance coverage in ennjunction with agroorncnts and contracts negotiated
by its employees on UC campuses and medical centers-Examples of situations where the University
may be required to provide evidence of insurance include:
❑ Using an off-campus location to host an event,ccrcmDrty,athletic event,thu3lrc production,
practice space,job fair,educational outreach event,etc-
❑ Leasing or ranting equipment,motor vehicle(s),or real estate
❑ Resairch grant sub-awards
❑ Affiliation(non-litAthcare/medical related)and Professional Services Agrerxncarrs
The University of California self-funds its liability exposures,so does not issue individual certificates
of insurance-The UC Office of Risk Services has developed a Certificate of Self-Insurance Coverage
document(COC)to illustrate the self-finder re tuntion levels maintained for each liability program-
The COC is available on-line for use by entities conducting business with the university as evidence
of the self-funded retention levels,coverage terms,and limits routinely requested Tire self-ice
limits aooe ed in each Tgsjfic written awmrikent.or contract shall be the limits that Wply should a
lass arise,regardless of the limits provided in the on-line Certificate of Self-insurance Coverage
document.
The UC COC Site is solely for the use and benefit of the vendors and organizations which contract
with the University of California and not for resale or other transfer to or use by or for the benefit of
any other person or entity-You may print copies for use within your organization,provided that you
do not modify the COC in any way,nor distribute any copies outside your organization-You may not
use any of the University of California's names or marks in any manner that creates the impression
such names or marks belong to or are associated with you or imply any a ndorscRncni by the University
of California,and you acknowledge that you have no ownership rights in andto any of these names or
marks-You will not use the Site,the information contained therein or any of the University's names or
marks in unsolicited mailings or Spam material_You may not link directly to the COC("deep link")or
bring up or ive-Aml the COC or other content of this site within another web site("f[ame")-
Offidal Cone--sr dcncc:must be sent via postal mail to:
Chief Risk Officer
Office of Risk Services
Office of the President
University of California
I I I I Franklin St-,10thFloor
Oakland,CA 94607-5200
510-987-9832
RiskServioes@gyp-edn
Please contact the local Risk Manager at the specific University of California location ation where you are
contracting if you have insurance coverage questions:
❑ [�pIm Risk Myers 1Directgry
❑ kiospital Risk lVlanap r cb
ALL-B Generic CSA Not to Exceed(09-2021)
Page 1 of 2
L/UUUJIIy.II GI IVCIUIIC IL/.C0MMMrL/-VU0I../-4LGU-.7I Il,-4UVr IV/k DOOU
CERTIFICATE OF
SELF-INSURANCE COVERAGE fiats: June r,2M,
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Regents of file Universlly Of CaMornia Tft Car "cos W WSUM at a Il&W of rilormemn o+&h to authariaed Ylawen hrc
OIfeoe of f11e Pres4ent Uidr kI ernal m arlly and oxvkn no Ilphts upon arty vier of this CtMiicabs.
Office of Risk Services Tnw Cemka:n dnea no wriand.etdefid or altar the bowwo"desu bod below-
1 I11 FrarW 3L,100 Floor This Cisdk de"oally be ogAK pdrM and di ftfied by an autfxwed
Oakland.Cry 948074= rislriar lw 6 Inimml uw Any odwr use,duplication or dismimn of the
510-987-91332 Cadfieft without the wfttan consent of the Regents of to UnNwv$y cf CUilorna
ENTITIES AFFORDING COVERAW
PAftTr.VAri0t1
7diMAkY LtrIM A The ReWits of Ow Urifwn of CaNfwnio 1aa
COVERA"s
THIS IS TO C1cMITi ty IMT THE REGENTS OF THE UNRI001Y OF CALWOANU110 A GOVERTNWNTAL EKIM THAT HAM A SELFAMED
AMNTION FOR LIABN.t U 0E3CRIBE0 BELOW. NOTIMITHaTAWONG ANY RIGUS ME►rT. TERM OR CONOITION Of ANY WRITTEN
CCNIRACT OR OTHER DOCIAWNT WITH RESKCT To WMCH THUS CERTIFICATE MAY PERTAIN THIS SELF$UNGEO PROGRAM IS
SUWECT TO ALL PROY13*10 OF THE SYLAWS AND STANOM OROEA3 OF 1HE REGENTS OF THE UNIVERWTY OF CALWORNRA.WHICH
DOES NCT PlcAMMIT ANY AMMMOM OF LR11eUTY WHICH DOES NOT REMAT FF60fi1 THIS NEM"NT ACTS OR Oi11SStONS OF ITS
OFFIC IM AUNTS,Oft[111PLOYStS.
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APPLICABLE PARTY AS REQUIRED By WWrt9 f CONTRACT Lo THE REr�ANTS ELECT TO DISGONTUM SEU-INSURING ITS
R AGREEMENT MLniES,THE REGENTS 1M L UPOATE PROOF OF SELF-MURA NCE ON ITS
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TICF TO VENDORS OR OTHERS
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ALL-B Generic CSA Not to Exceed(09-2021)
Page 2 of 2
e
LJUuuc)l J.II CIIVCIuptC ILJ.cor%/MrL!-VUJLJKFLCU-UI 1%-4UUr IUJ I.DDDU
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
South Central Fresno Assembly Bill 617 AB617 Community Health Impact
Assessment
YES* NO
1 Are you currently in litigation with the City of Fresno or any of ❑
its agents?
2 Do you represent any firm, organization, or person who is in ❑
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who ❑
do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with []
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee ❑
who has any significant role in the subject matter of this
service?
6 Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in ❑
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Signed by:
Explanation: FPZ'5"
N/A Signature BB 'r
'
5/27/2022
Date
7ue sun
(Name)
Jue sun
(Company)
The Regents of the University of California
(Address
d
520 N. Lake RD. Merced, CA 95343
(City, State Zip)
UVUUolylI GIIvulupty IU.rzamp MrL/-UUJU-*GCV-U I I%a-YVUr IU/"'DDDU
EXHIBIT D
UNIVERSITY OF CALIFORNIA
Invoice No. 7
P.O Box 2450,Merced,CA 95344
MERCED (2.9)724A371 fax(209)7244459
INVOICE
Customer Date
Name _ .»..._...._..._.._ . -. -•- •-•-- ---.._..
Address P-O-#
City State ZIP Email:
Payment is requested for costs incurred in connection with the project number-titled=GNT0000 xxx-
-----------------......__ ................. _.
Category Uare Budget Current
i Expenses ` Expenses
ACADEMZ SAW �
-----------------------------------
----__-------- .
ACADEMIC SALARIES&WAGES
-------------------------------------
-•-------------------- ._... -
BENEFITS
OVERHEAD 3..........................
1 SUPPLIES 8 EXPENSES
TRAVEL..ENTERTAINMENT
TOTAL :
................._.�__.. - --- ---- --- -------.,-_--..- --------...:..._...:_.._...
Amount Requested ;._.................
Please pay to the order of
The Regents of the University of California
With your payment,please indicate: Mail payment to:
University of California,Merced
Campus Cashiering Services
P-O-Box 2450
Merced,CA 95344
By signing this report,I certify to the best of my knowledge and belief that the report is true,complete,and
accurate,and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth
in the terms and conditions of the Federal award-I am aware that any Use,fictitious,or fraudulent information,
or the omission of any material fad,may subject me to criminal,civil or administrative penalties for fraud,false
statements,false claims or otherwise-(U-S-Code Title 18.Section 1001 and Title 31,Sections 3729-3730 and
3801-3812)-
ALL-B Generic CSA Not to Exceed(09-2021)
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