HomeMy WebLinkAboutAgreement A-21-317 with EPU.pdfFIRST AMENDMENT TO AGREEMENT
2 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made and entered
3 i nto this __ day of ___ , 2021 , by and between the COUNTY OF FRESNO , a Political
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Subdivision of the State of California (hereinafter "COUNTY"), and Exceptional Parents Unlimited , a
Californ ia corporation , whose address is 4440 North First Street, Fresno , California , 93726 (hereinafter
"CONTRACTOR").
WITNESSETH:
WHEREAS , COUNTY and CONTRACTOR entered into Agreement number D-20-430 , dated
October 26 , 2020 (hereinafter "Agreement"), pursuant to which CONTRACTOR agreed to provide
equity-focused community health outreach and support services to address the needs of COUNTY's
vulnerable populations including d isabled , special needs , hearing impaired , and vision impa ired to; and
WHEREAS CONTRACTOR has provided such services, including through execution and
oversight of subcontracts with local community benefit organizations skilled in the provision of such
services and possessing unique community ties to vulnerable population groups to advance health
equity throughout the pandemic ; and
WHEREAS , the Agreement has been extended for two six-month period through December 31 ,
2021 as allowed for in the Agreement; and
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
extend the length of the Agreement, add the provision of COVID vaccine support, influenza , and/or
other communicable diseases support services, increase the total compensation amount to
accommodate the provision of existing services through December 31, 2021 and the addition of
vaccine support servi ces , and to enact certain required federal funding terms and conditions .
NOW, THEREFORE , for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows :
1. That all references to "Exhibit A " in existing COUNTY Agreement number D-20-430
shall be changed to read , "Revised Exhibit A ", attached hereto and incorporated herein by reference.
2. That all references to "Exh ibit B " in existing COUNTY Agreement number D-20-430
shall be changed to read , "Revised Exhib it B", attached hereto and incorporated herein by reference .
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Agreement No. 21-317
10th Aug.
1 3. That Section Three (3) of the Agreement, located on Page Three (3), Lines Five (5)
2 through Ten (10), is deleted in its entirety and replaced w ith the following:
3 "3.
4 The term of this Agreement shall commence on September 30, 2020 and be for a
5 period through and including December 31 , 2021."
6 4 . That Section Five, Subsection B (5.8.) of the Agreement, located on Page Four (4),
7 Lines Sixteen (16) through Nineteen (19), is deleted in its entirety and replaced with the following:
8 "B. In no event shall services performed under this Agreement by CONTRACTOR
9 be in excess of Two Million Four Hundred Twenty-Five Thousand and No/100 Dollars ($ 2,425,000 .00)
10 during the term of this Agreement. It is understood that all expenses incidental to CONTRACTOR's
11 performance of services under this Agreement shall be borne by CONTRACTOR."
12 5. That the following language be inserted in Section Five , Subsection D (5.D.) of the
13 Agreement, located on Page Five (5), at the end of Line Three (3):
14 6 . "CONTRACTOR shall submit monthly quantitative reports with key metrics (e .g .,
15 number of people receiving education and outreach, number of vaccine/testing events supported,
16 number of vaccine/testing events hosted) using the REDCap database or a system agreed by the
17 COUNTY no later than receipt of the monthly invoice. COUNTY shall withhold ten percent (10%) of the
18 CONTRACTOR's invoiced amount when monthly metric reports are not completed .
19 CONTRACTOR's monthly invoices shall demonstrate a ten percent (10%)
20 withholding from subcontractors when monthly metric reports are not completed by the subcontractors
21 or CONTRACTOR. COUNTY will assess each invoice and determine if the ten percent (10%)
22 withholding will be applied to subcontractor level costs and/or to CONTRACTOR's tota l invoiced
23 amount. Upon completion of the monthly report , COUNTY shall pay CONTRACTOR the withheld
24 amount."
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That the following language be inserted in Section Thirteen (13), Page Nine (9),
beginn ing on Line Twenty (20):
"C. In addition, CONTRACTOR shall cooperate and participate with COUNTY's
28 fiscal review process and comply with all final determinations rendered by the COUNTY's fiscal review
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process. If COUNTY reaches an adverse decision regarding CONTRACTOR's services to consumers,
2 it may result in the disallowance of payment for services rendered ; or in addit ional contro ls to the
3 delivery of serv i ces , or in the term ination of this Agreement , at the discretion of COUNTY's Director of
4 Public Health Director or designee. If as a r esult of COUNTY's fisca l rev iew process a disallowance is
5 discovered due to CONTRACTOR's deficiency, CONTRACTOR shall be financia ll y li able for the
6 amount previously paid by COUNTY to CONTRACTOR and this disallowance w ill be adjusted from
7 CONTRACTOR's future payments , at the discretion of COUNTY's Director of Public Health or
8 des ignee. In addition , COUNTY shall have the sole d iscretion in the determ ination of fiscal rev iew
9 o utcomes, decisions and act ions."
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8. That Section Nineteen , Subsection A (19.A) of the Agreement , located on Page
Twenty-one (21), Li nes Four (4 ) through Fourteen (14) is deleted i n its entirety and
replaced with the fol lowing :
"A. COUNTY and CONTRACTOR recognize that CONTRACTOR is a
14 rec i pient of Federal funds under the terms of this Agreement. By signing this Agreement,
15 CONTRACTOR agrees to comply with app l icable Federal suspension and debarment
16 regulations , including but not limited to : 29 CFR 97.35 , 29 CFR 1470.35, 41 CFR 105-
17 71 .135 , and Executive Order 12549. By signing this Agreement, CONTRACTOR attests to
18 the best of its knowledge and belief, that it and its principals:
19 1. Are not presently debarred , suspended , proposed for debarment , declared
20 ine ligible , or voluntarily excluded by any Federal department or agency; and
21 2 . Shall not knowi ng ly enter into any covered transaction w ith an entity or person who
22 is proposed for debarment under Federa l regulations , debarred , suspended ,
23 declared ineligible , or voluntarily excluded from participation in such transaction ."
24 9 . The parties agree that this Amendment may be executed by electronic signature as provided
25 in th is section. An "electronic signature" means any symbol or process intended by an individual
2 6 signing this Amendment to represent their signature , including but not limited to (1 ) a d igital signature ;
27 (2 ) a faxed version of an original handwrit t en signature ; or (3) an e lectron ically scanned and
28 transmitted (for example by PDF document) of a handwritten s ignature. Each electro nic signature
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1 affixed or attached to this Amendment (1) is deemed equivalent to a valid orig inal handwritten
2 signature of the person signing this Amendment for all purposes , including but not limited to
3 ev identiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as
4 the va li d o riginal handwritten s ignature of that person. The provis ions of th is section satisfy the
5 requ i rements of Civil Code section 1633.5, subdiv is ion (b ), in the Uniform Electronic Transaction Act
6 (Civil Code, Division 3, Part 2, Title 2.5 , beg inning with section 1633 .1 ). Each party using a dig ital
7 signature represents that it has undertaken and satisfied the requirements of Government Code
8 section 16.5 , subd ivision (a), paragraphs (1) through (5), and agrees that each other party may rely
9 upon that representation. This Amendment is not condit ioned upon the parties conduct i ng the
10 transactions under it by electronic means and either party may s ign this Amendment w ith an orig inal
11 handwritten s ignature.
12 COUNTY and CONTRACTOR agree that this Amendment is sufficient to amend the
13 Agreement and, that upon execution of this Amendment, the Agreement and this Amendment together
14 sha ll be considered the Agreement.
15 The Agreement , as hereby amended, is ratified and cont inued . All prov isions , terms ,
16 covenants , conditions and prom ises contained in the Agreement and not amended herein shall remain
17 in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and
year first hereinabove written .
C[O
Print Name & Title
Mailing Address
FOR ACCOUNTING USE ONLY :
Fund:0001
Subclass : 10000
ORG:56201019 ; 56201018
Account:7295
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Steve Brandau , Chairman of the Board
of Superviso rs of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By c1~:.~o
Depu
Revised Exhibit A Page 11 ACCESS AND FUNCTIONAL NEEDS POPULATIONS COVID-19 EQUITY SCOPE OF WORK September 30, 2020 through December 31, 2021 1. Health Education and Outreach ActMty Activity Name Description Involved Partres Deliverables/ MIiestones 1.1 ASTHO Outreach staff complete modules to EPU, DHHSC, 1) Completion. list of set a uniform foundation for RICV, UCP, ES, who has completed education and outreach. VCB, provided to DPH. 2) ldentlncalion of any issues specifically related to disabled population shared with organization leadership. 1.2 Education Gaps Partners Identify gaps In education, All of above 1) Gaps (and Issues Identified level of Importance for re-education, from 1.1) and prior/lies and establish priorities. are shared wllh DPH Ooeratlons Grouo 1.3. Education/Re-1.3.1 Individual partners and the All partners, with 1) Plan developed; education Plan enllre team develop needed speclnc ones as shared with CBO education revision for Individual needed Equity Project group target populallon and Identify for possible melhods of communication. coordination. Equity 1.3.2 Review current materials and Project shares their develop new hlghly visual materials promotion plan with with very low word count, If needed. group if completed Determine If there are CBO Eqully earlier. team materials that could be utilized. 2) Develop new visual 1.3.3. Develop audio short (that Include bold educational material for the blind, If print, Brallle, and/or current resources not appropriate screen reader 1.3.4. Insert appropriate deaf/sign accessible) or audio visuals through Latent Media Into up materials as Identified. to 30 videos. 3) Implement plan with 1.3.5. Captioning services to be current materials and orovlded for videos Tlmeframe 1) September 2020 September 30, 2020 September 2020 through December 2021
Revised Exhibit A Page 12 I 1.4 Oulreach and Taetlng Event coordination with olherteams 1.4 Track and Evaluate Communications ond Education massages and maierlats 1.3.6 Group educatlon over Zoom for add new materials as deaflhard or hearing completed 1.3. 7. Audio or vldeo(s) development EPU, Jeffrey Scott for target populations that Include AdverUslng, and script development, script approval specific partners by DPH wllh ma><imum lwo•day ·, based on target turnaround. and production or population vldeo(s) (or targel populallons. 1.3.8 Disseminate campaign materlals through social media: Facebook, 1nstagram, "Twitter, YouTube, mallfngs, and other methods appropriate for target population. 1.3.9 Include promotion of needed school Immunizations and flu vaccines as part of the education effort. Develop a method of communication All partners 1) Process shared with September 2020 for follow-up from questions of Equity Project and through participants who have disabled or DPH December 2021 domestic violence related Issues. Coordinate vaccine oulreach and transportallon. Coordinate outreach end support of lnRuenza andfor communicable diseases. Monthly tracking of education All partners 1) Report to DPH Monthly contacts made; Bl-monthly review of re.suits and changes needed (earlier If significant new Information added}. Obtain feedback from target community members on dissemination methods and understanding of health messages. Use Equity Project Team's fntervlow guide and suJVeys, revised as necessarv ror taraet oooulallon.
Revised Exhibit A Page 13 2. Contract Tracing and Medical Investigation Activity Activity Name 0escriptlon 2.1 Contact Tracing 2.1.1. Complete County !raining for contact tracing on data systems and processes 2.1.2. Assess up to 3 DPH systems for visually Impaired use to conduct contact tracing and enter dala. 2 .1.3. Contact traclng wi!hin f acililles occurs by partners of their own facilities. 2.1.4 VCB staff to be assigned to general contact tracing beyond their own organization by DPH. 2.2. ASL Interpretation Interpretation ror the deaf and hard of hearing to lJe provided to medical Investigators and/or contact tracers as Identified. Process for scheduling or on-call availability to be developed. (Note, DPH uses Jabber) Responsible Party Deliverables Timeframe I VCB . 1) September 2020 2) September VCB 2020-I December 2021 EPU, DHHSC, ES, 3) September RICV, UCP, VCB 2020-December DPH,VCB 2021 4) October 2020-December 2021 DHHSC Process for on-5) September call/scheduling to be 2020 -provided to DPH and December Equity Project team. 2021
Revised Exhibit A Page 14 2.3 2.4 Contact Tracing Reports Resource for all Ml and CT 2.3.1 Monthly evaluations until December lo Include; 1.Numberof people reached for contact lradno 2.Avarage time It Is taking to conduct Investigation 3.Questlons people are asking beyond contact tracing related questions, including identiflcation of other unmet needs 4.QualltaUve data about knowledge gaps of CTs As needed, all partners will provide support to medical investigators and contact tracers within the County or lhelr contractors if there ate persons with disabilities or experiencing domestic violence. Lead agency will maintain a budget line to reimburse as needed to the appro)Jrlate agency. VCB Monthly report with 6) September metrics and 2020-rural/urban table December 2021 All Partners 1) Lead agency 1) September develops fund 2020 protocols aod 7) October 2020 -shares with December 31, partners 2021 Invoice lo Include nama/agency or investigator/contact tracer wllh Invoice and number or contacts made, CalRedla # (?) hours worked, and hourly rate
Revised Exhibit A Page f6 3. Quarantine Supports AcUvl\y Activity Name 3.1 3.1.1. Assess Needs of OlsabledNulnerable Communities 3.1.2. Slaff logs into Redcap now to determine if posilive Description Assess needs of COVIO 19 poslllve or suspected community members and their f amllles particular to those with dlsabilitles or experiencing domestic vlolenca categories. 1. Wage replacement 2. Housing!QuaranUna site If needed or family support If quarantine results in caregiver replacement. 3. UtilitlB s 4. Access to healthcare and treatment 5. Food Assistance 6. Educallon needs of students and parent support on dfgllal literacy In home 7. Proi.,fde PPE to lndlvlduals as needed 1 Responsible Party Deliverables Tiineframe All partners 1. Quaranllne September 2020· Assessment December 2021 2. Train oufreachlquarantlne support staff on DPH system (currently Redcap) to confirm if poslllva and document
Revised Exhibit A Page 16 ' 3.2. 3.2.1 3.2.1. Respite Care Assessment and Provision Process for Allocation and Distribution and Payments 8. Provid~ transportation 9. Mental health needs 10. Contracted sen1lces for Items like IT support for famllles or miscellaneous 11. Respite care 1.1. Develop decision-tree to provide shorHerm1 temporary respite care for caregiver due to March 2020 COVID·18 shelter In place order and high-risk nature of some with disabilities. There may or may not be a positive case in the home in order to obtain respite care. 1.2. Implement and track Develop process for requests, prioritization criteria, and dlslribulton of quarantine supports. Process will be standardized (or partners and for distribution of funds to families, A method of tracking and shared All partners 1. Decision-tree 1) September 2020 developed by 2) September partners and approved by •PH. 2020-December 2021 2. Track those provided respite and reason far monthly report. Lead Agency with Documentation of September 2020-partners process; Invoices December2021 with supporting documentation; Ufban/rural report teble demonstrating location of distributions for -households (less
Revised Exhibit A Page 17 3.2.2 3.3 3.4 Referrals for Complementary Suppor1s Follow-up Evaluate database to be used to avoid duplication. Pclorily for funding will be to disadvantaged areas within the County, Including ,ural cities, unincorporated areas (e.g .• Ca!wa, Canlua Creek, Del Rey, Five Points, Pinedale) and low-Income metropolitan areas. Implement process for referrals to complemantary resources and services. Track across all agencles and with COVID Equity Project par1ners In a single database or comparable that wilt allow reporting of unique Individuals being seNed. Assess lf resources and referrals received. Evaluate monthly in terms of equitable df stributfon, impact, and level or rundlng utilized out of the whole. confldentlal focatlons) All Partners Report table with September 2020· urban/ruml locations December 2021 Lead Agency Monthly review September 2020-among all par1ners December 2021 Lead Agency Monthly written October 2020-report and formal December 2021 determined by DPH
REVISED EXHIBIT B CCVID-19 Equity Project (Contr:u:tt:0-2.0-430}
LEAD AGENCY: Exceptional P:arents Unlimited {EPU)
Budget September 30, 2020through December 31, 2021
Personnel
Prc:llknt & CEO
011.,f Fin;incl:11 Officer
Olto:(Of of Potent Educstf on & S11pl)O!t
Proi;r.,m Cootcf..,,to,
CO~tion 0~1:1 ~tor
0-IW/RC:OUICC ~IIZ
CHW/lt~~lol~
~/~=Sllcdull~
SuNotol Fri.
Total Pcr.:Ontld
Operatln9 CastS
Rent&. Ul!II!~
5'1pp!l1::: !Ciftlce, plinUIIC, ~CCI
rrt11vcVMilc11J:C
U.1:illityln~ur:al\CI! ~:,:ii)
t.c£;11f~Alldlt
COmm11n1=tloc1:: (ceo ~lee, ll1tcmet. spcc);)lizec: =ottwml
Comi:1111cr,, mobile l'loupoe, eel l)/lotlcs
Prcu:im Sui:,~Ac=Mty Pxkct::
Co~rtlon CMr.iritll1c:;nd Rc:3Dltc: Fund
Vacelne T~tion 2' Sll'pport
!'PE t. cldlll"'C/cll51nfect!nc :upplf~ (COfflffllHlllY & :taff)
Co)lltlon OWtxh/EducllDn/MJrketinC ~)I$ 0eYelo:,rnfflt
Co)rit1on 5d!M01':II lntcrvi:ntlo~
A«Ourmni:~ (p:m-tlmcl !hrouehTcmp Aeency
C2C Cansulllnt forCo.ilit lM Caordl~iOn
Total Operating
Direct. Costs
Indirect Costs@ 10¾
iota/ Direct :.:ind lndifff.ct
EPCI Sllbollnrtom
09! & H~d of l<~nt: $cNice Cc:w:,r
~~
RC$OIN'CC!l for ln6cpmdcecx: ~I V:iUcy
United CCtcbt:11 r>:isy
v,ffey Celltef'for dlea:lr>d
Total Other Costs
Grand Total
Total
3~41S
23,433
21.'SS
34.245
26.US
4$,725
4S.587
4i,G7S
219)73
21,:51
317,924
3-4,320
7,200
1,350
ll.900
9,805,
7,843.
9,7GS
,so
ist375
60,000
3,!00
71.m
77,251
S3,S6S
Q'J,673
7lS.W
1,m.193
~o
l.23',SU
Sli,762
~4
~3,0;,J
lll.641
m.331
:t,m,4S7
2.425.000