HomeMy WebLinkAboutCalifornia State University Fresno Foundation-Comprehensive Evaluation Services for the Rx for Health Program_A-22-427 A-19-100.pdf COUP County of Fresno Hall of Records, Room301
2281 Tulare Street
Fresno,California
!` Board of Supervisors 93721-2198
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www.co.fresno.ca.us
September 20, 2022
Present: 5- Supervisor Steve Brandau, Supervisor Nathan Magsig, Supervisor Buddy Mendes,
Chairman Brian Pacheco, and Vice Chairman Sal Quintero
Agenda No. 32. Public Health File ID: 21-1271
Re: Approve and authorize the Chairman to execute retroactive Amendment No. 1 to Agreement with
California State University, Fresno Foundation for registered dietician consultation services,with no
change to the term of January 12, 2021 through September 30, 2023,or compensation maximum of
$40,500;and approve and authorize the Chairman to execute Amendment No. 1 to Agreement with
California State University, Fresno Foundation through its Central Valley Health Policy Institute for
comprehensive evaluation services for the Collaborating for Wellness: Rx for Health Program,with no
change to the term of February 26, 2019 through September 29,2023,or compensation maximum of
$303,330
APPROVED AS RECOMMENDED
Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero
Agreement No.22-426,Agreement No.22-427
County of Fresno Page 35
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Board Agenda Item 32
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DATE: September 20, 2022
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: Amendments with California State University, Fresno Foundation
RECOMMENDED ACTION(S):
1. Approve and authorize the Chairman to execute retroactive Amendment No. 1 to Agreement
with California State University, Fresno Foundation for registered dietician consultation
services,with no change to the term of January 12, 2021 through September 30, 2023, or
compensation maximum of$40,500; and
2. Approve and authorize the Chairman to execute Amendment No. 1 to Agreement with
California State University, Fresno Foundation through its Central Valley Health Policy
Institute for comprehensive evaluation services for the Collaborating for Wellness: Rx for
Health Program, with no change to the term of February 26, 2019 through September 29,
2023, or compensation maximum of$303,330.
There is no additional Net County Cost associated with the recommended actions. Approval of both
recommended actions allow for operational budget adjustments that do not increase the term or the
maximum compensation of either agreement. The first recommended action retroactively amends the year
one budget to account for actuals and the year two budget for carryover amounts with no change to the year
three budget or term maximum. The first recommended action also amends the invoice requirements and
includes the contractor's hourly rate within the agreement. The contractor agrees to continue to provide the
same level of dietician consultation services. The second recommended action adjusts the contractor's
salaries and benefits expense category to incorporate a new research analyst position to budget years four
and five, without increasing the yearly or term maximums. Both recommended actions are fully funded with
existing grant funds. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, the Department of Public Health (Department)
would be unable to continue to meet the Nutrition Education and Obesity Prevention (NEOP)grant
program's minimum staffing requirements for ongoing access to evaluate program effectiveness. The
Department's Collaborating for Wellness program would also risk non-compliance for not having an external
evaluator to monitor and assess the progress of the Rx for Health Program for identification and treatment
protocols of high-risk hypertension and high cholesterol patients.
RETROACTIVE AGREEMENT:
The recommended Amendment No. 1 is retroactive to January 12, 2022. While amending Agreement No.
A-21-478, an oversight in the previously approved budget attachment was discovered and, per direction from
County Counsel, the budget has been corrected to clearly indicate the reallocation of funds. This reallocation
is also explained in the recitals of the amendment. Changes to the year one budget are based on year one
County of Fresno page 1 File Number:21-1271
File Number:21-1271
actuals. An increase to the year two budget is the result of carrying over unspent funds from year one to
year two. The recommended amendment is being brought to your Board in accordance with agenda item
processing timelines.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The NEOP grant,
provided by California Department of Public Health,will continue to fully fund the registered dietician
consultation services under the first recommended action as the term and contract maximum ($40,500 for
the term)are unchanged and continue to fall under the NEOP grant terms. The Centers for Disease Control
and Prevention (CDC)cooperative agreement for the Innovative State and Local Public Health Strategies to
Prevent and Manage Diabetes and Heart Disease and Stroke Project will continue to fully fund the evaluation
services under the second recommended action as the term and contract maximum ($303,330)are
unchanged and continue to fall under existing Collaborating for Wellness grant terms. Sufficient
appropriations and estimated revenues are included in the Department's Org 5620 FY 2022-23 Adopted
Budget and will be included in subsequent budget requests for the duration of the agreement terms.
DISCUSSION:
On January 12, 2021, your Board approved Agreement No.A-21-010 with California State University (CSU),
Fresno Foundation to provide registered dietician consultation services, on an hourly, as-needed basis, to
the Department's NEOP program to continue to support nutrition education and obesity prevention activities
and interventions for low-income County residents. On November 16, 2021, your Board approved
Agreement No.A-21-478 with CSU, Fresno Foundation to continue to provide registered dietician
consultation services for the Department's NEOP program pursuant to County Agreement No.A-21-010. If
approved, the recommended amendment will revise language in Section Three of the Agreement to
incorporate language regarding the hourly rate of compensation. The recommended action would also
retroactively change the year one budget to reflect actuals and increase the year two budget with carryover
amounts from unspent year one funds. No changes were made to the year three budget or total
compensation.
On February 26, 2019 your Board approved Agreement No, A-19-100 with CSU, Fresno Foundation to
provide comprehensive evaluation services by designing appropriate processes and outcome evaluation
methodologies, developing performance measures, and creating tracking tools to monitor and collect
required data for the Collaborating for Wellness Rx for Health program for identification and treatment of
hypertension and high cholesterol of patients. If approved, the second recommended action will revise the
personnel expense category of budget years four and five to add a research analyst position without
increasing yearly maximums by reducing the project director's allocated percentage time spent on the
project. The additional research analyst position was deemed necessary to ensure completion of evaluation
activities, conduct data collection, data entry, and statistical analysis to create written reports and draft the
Evaluation Plan and Data Management Plan as required by the Department and the CDC.
REFERENCE MATERIAL:
BAI #48, November 16, 2021
BAI #29, January 12, 2021
BAI#48, February 26, 2019
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Amendment I with CSU Fresno Foundation RD Consult
On file with Clerk-Amendment I with CSU Fresno Foundation Rx Program
CAO ANALYST:
County of Fresno page 2 File Number.21-1271
File Number:21-1271
Ron Alexander
County of Fresno Page 3 File Number:21-1271
Agreement No. 22-427
1 AMENDMENT I TO AGREEMENT
2 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter"Amendment") is made and entered
3 into this 20th day of September 2022, by and between COUNTY OF FRESNO, a Political
4 Subdivision of the State of California, Fresno, California (hereinafter"COUNTY"), and California State
5 University, Fresno Foundation, a California Non-Profit Corporation, whose address is 4910 North
6 Chestnut Avenue, Fresno, California 93726, hereinafter referred to as "CONTRACTOR".
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number A-19-100,
9 dated the 2611 of February 2019 (hereinafter"Agreement"), pursuant to which CONTRACTOR agreed
10 to provide comprehensive evaluation services for identification and treatment protocols of high-risk
11 hypertension and high cholesterol of patients of low socioeconomic status in urban and rural areas;
12 and
13 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement
14 regarding changes as stated below and restate the Agreement in its entirety.
15 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
16 which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
17 1. That all references in the Agreement to "Exhibit B", shall be changed to read
18 "Revised Exhibit B". Revised Exhibit B is attached hereto and incorporated herein by this reference.
19 2. That Paragraph Four (4) — Compensation/Invoicing, of the Agreement, on Page
20 Three (3), beginning on Line Two (2) with the word "COUNTY", and ending on Page Three (3), Line
21 Twenty-Seven (27) with the word "claims" shall be deleted in its entirety and replaced with the
22 following:
23 "A. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
24 compensation at the rates as identified in Revised Exhibit B, attached hereto and incorporated herein by
25 this reference.
26 For the period February 26, 2019 through and including September 29, 2019, in no
27 event shall actual services performed be in excess of Forty-Three Thousand Three Hundred Thirty-
28 Three and No/100 Dollars ($43,333.00).
- 1 -
1 For the period September 30, 2019 through September 29, 2020, in no event
2 shall actual services preformed be in excess of Fifty-Two Thousand Seven Hundred Sixty-Four and
3 No/100 Dollars ($52,764.00).
4 For the period September 30, 2020 through September 29, 2021, in no event
5 shall actual services preformed be in excess of Seventy-Seven Thousand Two Hundred Thirty-Three
6 and No/100 Dollars ($77,233.00).
7 For the period September 30, 2021 through September 29, 2022, in no event
8 shall actual services preformed be in excess of Sixty-Five Thousand and No/100 Dollars ($65,000.00).
9 For the period September 30, 2022 through September 29, 2023, in no event
10 shall actual services preformed be in excess of Sixty-Five Thousand and No/100 Dollars ($65,000.00).
11 In no event shall services performed under this Agreement be in excess of
12 Three Hundred Three Thousand Three Hundred Thirty and No/100 Dollars ($303,330.00) during the
13 total term of this Agreement. It is understood that all expenses incidental to CONTRACTOR'S
14 performance of services under this Agreement shall be borne by CONTRACTOR.
15 B. Payments by COUNTY shall be in arrears,for services provided during the
16 preceding month, within forty-five(45) days after receipt and verification of CONTRACTOR's invoices by
17 COUNTY's Department of Public Health. If CONTRACTOR should fail to comply with any provision of
18 this agreement, COUNTY shall be relieved of its obligation for further compensation.
19 C. COUNTY shall not be obligated to make any payments under this Agreement if the
20 request for payment is received by the COUNTY more than forty-five (45) days after this Agreement has
21 terminated or expired.
22 D. CONTRACTOR shall invoice COUNTY monthly, by the thirtieth (301h) day of each month
23 for the prior month's expenditures, addressed to the County of Fresno, Department of Public Health,
24 Office of Health Policy and Wellness(OHPW),Attention: CW Staff Analyst, P.O. Box 11867, Fresno, CA
25 93775. Invoices shall detail line items as specified in Revised Exhibit B including original budget
26 amount(s), current month's expenses, year-to-date expenses, and budget balances. In addition, invoices
27 shall include all relevant supporting documentation, including but not limited to copies of original
28 statements, program expense receipts, payroll records and mileage claims."
- 2 -
1 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
2 Agreement, and that upon execution of this First Amendment, the Agreement and this First
3 Amendment together shall be considered the Agreement.
4 The parties agree that this First Amendment may be executed by electronic signature as
5 provided in this section. An "electronic signature" means any symbol or process intended by an
6 individual signing this Amendment to represent their signature, including but not limited to (1) a digital
7 signature; (2) a faxed version of an original handwritten signature; or(3) an electronically scanned and
8 transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
9 affixed or attached to this Amendment(1) is deemed equivalent to a valid original handwritten
10 signature of the person signing this Amendment for all purposes, including but not limited to
11 evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as
12 the valid original handwritten signature of that person. The provisions of this section satisfy the
13 requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
14 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
15 signature represents that it has undertaken and satisfied the requirements of Government Code
16 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
17 upon that representation. This Amendment is not conditioned upon the parties conducting the
18 transactions under it by electronic means and either party may sign this Amendment with an original
19 handwritten signature.
20 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
21 covenants, conditions, and promises contained in the Agreement and not amended herein shall
22 remain in full force and effect. This Amendment shall become effective upon execution.
23 ///
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- 3 -
1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I as of the day and
2 year first hereinabove written.
3
4 CALIFORNIA STATE UNIVERSITY, COUNTY OF FRESNO
FRESNO FOUNDATION
5
J. 1 L 03-
6
(Authorized Signature) Brian Pacheco,
7 Chairman of the Board of Supervisors of
8 Dr. Joy J, Goto, Interim Dean of the County of Fresno
Research and Graduate Studies
g Print Name &Title
10 07/08/2022
Date
11
12
13 (Authorized Signature)
14 Keith Kompsi, Director Foundation Financial
Services
15 Print Name &Title
16 07/08/2022
Date
17
18 Mailing Address: ATTEST:
4910 N, Chestnut Bernice E. Seidel
19 Fresno, CA 93726 Clerk of the Board of Supervisors
20 County of Fresno, State of California
21
By:
22 Deputy
FOR ACCOUNTING USE ONLY:
23
24 Fund/Subclass: 0001/10000
Organization: 56201554
25 Account: 7295
26
27
28
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