DATE: May 9, 2023
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: Retroactive Revenue Agreement with the California Department of Public Health
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a retroactive revenue Agreement and related forms with the California Department of Public Health for Hospital Preparedness Program - Local Emergency Medical Services Agency Support funds, effective July 1, 2022 through June 30, 2027, total not to exceed $322,730.
REPORT
There is no increase in Net County Cost associated with the recommended action, which will allow the Department of Public Health (Department) to continue receiving non-competitive Federal and State Hospital Preparedness Program (HPP) - Local Emergency Medical Services Agency (LEMSA) Support funds from the California Department of Public Health (CDPH). The HPP-LEMSA Support Agreement funds the Department’s Emergency Medical Services (EMS) Program’s support and assistance of the HPP in Fresno, Kings, Madera, and Tulare Counties. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. Should your Board not approve the recommended action, the Department’s EMS Program would not receive any HPP funding for the HPP related assistance it provides to the Fresno, Kings, Madera, and Tulare Counties’ HPP operations and would need to reallocate funding from another source to fully support the staff that provide this assistance.
RETROACTIVE AGREEMENT:
The recommended final and corrected revenue agreement was received from the CDPH on February 24, 2023, is retroactive to July 1, 2022, and is being brought to your Board in accordance with the agenda item processing timelines.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The FY 2022-23 maximum revenue amount of the recommended agreement is $64,546; $322,730 for the five year term. The grant allocation is non-competitive and does not require matching funds. Sufficient appropriations and estimated revenues are included in the Department’s Org 5620 FY 2022-23 Adopted Budget and will be included in future budget requests for the duration of the agreement. The recommended agreement includes funding for full recovery of direct and indirect costs.
DISCUSSION:
Since 2002, the County has received HPP grant funding for EMS activities with the most recent grant agreement (A-17-417) having a term of July 1, 2017 through June 30, 2022. Fresno County’s Department of Public Health is the designated Local EMS Agency for Kings, Madera, and Tulare Counties and activities include participation in program working groups and working with EMS providers and hospitals on preparedness in the event of a large-scale incident. The recommended HPP-LEMSA Support Agreement provides funding for the cost of the Department’s Emergency Services Division to address several objectives in each County’s HPP, which include:
• coordinating healthcare partnerships;
• participating in medical/health operational area programs;
• attending state sponsored training;
• establishing continuity of operations plans for EMS; and,
• managing multi-casualty incidents and field treatment sites.
The scope of work received with the original agreement incorrectly included work components associated with Public Health Emergency Preparedness (PHEP) and Pandemic Influenza planning. This has been corrected to indicate the funding is only related to HPP-LEMSA activities.
The recommended agreement deviates from the County’s standard indemnification language and requires the County (and the County’s contractors receiving this funding) to provide one-way indemnification to the State, in performance of the agreement. Additionally, the recommended agreement contains a dispute resolution procedure requiring both parties to first seek resolution of any dispute that may arise from the agreement. The State may also terminate the agreement without cause upon providing the County with 30-day advanced written notice or immediately terminate the agreement for cause. The County can request to terminate the agreement only if the State substantially fails to perform its responsibilities as provided for within the agreement. This language is typically present in State grants. Consequently, the Department has determined that its acceptance of the non-standard language is advantageous to the County, as the State-grant is an essential funding source for DPH HPP-LEMSA related activities, without which the continued provision of these services would be negatively impacted.
REFERENCE MATERIAL:
BAI #41, August 8, 2017
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement with California Department of Public Health
CAO ANALYST:
Ron Alexander