DATE: June 12, 2018
TO: Board of Supervisors
SUBMITTED BY: David Pomaville, Director, Department of Public Health
SUBJECT: Retroactive Amendment with California Department of Public Health
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute retroactive Amendment III to Revenue Agreement No. 15-397 and related California Civil Rights Laws Attachment form with the California Department of Public Health for the Lifetime of Wellness: Communities in Action Grant, effective upon execution with no change in term to September 29, 2018 and decreasing the maximum compensation by $23,941 to $2,497,426.
REPORT
Approval of the recommended action will revise the Department of Public Health’s Lifetime of Wellness grant scope of work and budget to clarify activities and expectations, achieve program compliance with the California Department of Public Health (CDPH), and help ensure sustainability. The recommended amendment will reduce the grant maximum by $23,941, or 1%, to $2,497,426, with no Net County Cost. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. Should your Board not approve the recommended action, the Department would be unable to fulfill grant requirements or receive full compensation for activities that have been performed in Year Four (Sept. 30, 2017 - Sept 29, 2018).
RETROACTIVE AGREEMENT:
The recommended amendment to the revenue agreement is retroactive to March 1, 2015 and was received from CDPH on April 12, 2018. Review of the amendment did not allow for presentation to your Board at an earlier date.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The maximum compensation for the term of the agreement will be reduced by $23,941, or 1%, from $2,521,367 to $2,497,426; or the unexpended balance from Year Three (Sept. 30, 2016 - Sept 29, 2017). The maximum compensation for Year Four (Sept. 30, 2017 - Sept 29, 2018) will remain unchanged at $638,429.
CDPH limits indirect cost recovery to 25% of personnel costs, as compared with the Department’s full indirect rate of 26.19%. The difference will be covered with Health Realignment funds. Sufficient appropriations and estimated revenues are included in the Department’s Org 5620 FY 2017-18 Adopted Budget and will be included in the FY 2018-19 budget request.
DISCUSSION:
On August 11, 2015, your Board approved Agreement No. 15-397 with CDPH to support preventative health services for adults at high risk for diabetes and heart disease in targeted local communities. Your Board has since approved annual amendments to clarify grant activities and expectations, and to allow modifications to the grant budget.
Approval of the recommended action will allow the Department to continue to implement approved grant scope of work activities, and will add the following activities aimed at increasing future sustainability:
• implementing a home blood pressure monitoring kit checkout system in partnership with the Fresno County Library;
• facilitating educational opportunities for healthcare providers on prediabetes and hypertension management;
• providing training and technical assistance to community groups offering National Diabetes Prevention Programs; and
• increasing media campaign outreach to share grant program successes.
The existing agreement contains a mandatory dispute resolution procedure requiring both parties to first seek resolution of any dispute that may arise from the agreement. In addition, the agreement contains two indemnification clauses requiring the County to indemnify CDPH. The termination language allows the CDPH to terminate the agreement immediately for cause, or upon providing at least a 30-day advanced written notice to the County without cause. The County may request to terminate the agreement only if CDPH substantially fails to perform its duty under the agreement.
The California Civil Rights Attachment provides assurance that the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code). The Unruh Civil Rights Act is legislation that provides all persons within the jurisdiction of this State are free and equal, no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. All other terms and conditions of the agreement remain unchanged.
REFERENCE MATERIAL:
BAI #34, May 2, 2017
BAI #51, July 12, 2016
BAI #54, August 11, 2015
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Amendment III to Agreement No. 15-397 with CDPH
CAO ANALYST:
Sonia M. De La Rosa