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HomeMy WebLinkAboutAvenal Community Health Center dba Aria Community Health Center-Fresno Countys Advancing Health Literacy Intervention Program_A-23-138 A-22-182.pdf COU Y Count of Fresno Hall of Records,Room301 2281 Tulare Street Fresno,California (16, Board of Supervisors 93721-2198 O� 0 Telephone:(559)600-3529 FRE`' Minute Order Toll Free: 1-800-742-1011 www.co.fresno.ca.us March 28, 2023 Present: 5- Supervisor Steve Brandau,Vice Chairman Nathan Magsig,Supervisor Buddy Mendes, Supervisor Brian Pacheco,and Chairman Sal Quintero Agenda No. 50. Public Health File ID: 23-0176 Re: Approve and authorize the Chairman to execute First Amendment to Agreement with Avenal Community Health Center dba,Aria Community Health Center to extend the term of the existing agreement to continue to promote community health support and provide health intervention activities for Fresno County's Advancing Health Literacy Intervention Program by adding two optional one-year extension periods for a full term of May 3,2022 through June 30,2025,with no change to the maximum compensation of$500,198 APPROVED AS RECOMMENDED Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero Agreement No.23-138 County of Fresno Page 52 �.� co Board Agenda Item 50 0 1$56 0 FRTr✓`'� DATE: March 28, 2023 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Amendment to Agreement with Avenal Community Health Center dba, Aria Community Health Center RECOMMENDED ACTION(S): Approve and authorize the Chairman to execute First Amendment to Agreement with Avenal Community Health Center dba,Aria Community Health Center to extend the term of the existing agreement to continue to promote community health support and provide health intervention activities for Fresno County's Advancing Health Literacy Intervention Program by adding two optional one-year extension periods for a full term of May 3, 2022 through June 30, 2025,with no change to the maximum compensation of$500,198. There is no additional Net County Cost associated with the recommended action. This recommended action reallocates unspent funds from year one to year two and reallocates funds to adjust for previously unanticipated costs and corrects an error in the original Agreement's compensation/invoicing section, without increasing the annual or full-term maximum compensation amounts of the Agreement with Avenal Community Health Center dba,Aria Community Health Center(Aria). This action will also allow for the Department Director or designee to extend the Agreement for two additional twelve-month periods based on performance, service need and mutual agreement by both parties. This item is countywide. ALTERNATIVE ACTION(S): Should your Board not approve the recommended action, Aria will not be able to effectively serve the needs of community members through health literacy interventions. Furthermore, the full amount of funds initially agreed upon at the time of contract execution may not be maximized, causing both the Aria and the County to have unspent funds at the end of the grant term. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended action. The Agreement with Aria will continue to be funded by federal grant funds through the Department's Advancing Health Literacy Program. The maximum payable under the Agreement with Aria is$500,198. Sufficient appropriations and estimated revenues are included in the Department of Public Health's Org 5620 FY 2022-23 Adopted Budget, and will be included in subsequent budget requests, should the Department exercise the optional extension periods contained in the agreement. DISCUSSION: On May 3, 2022 your Board approved Agreement No. 22-182 which allowed the County to partner with Aria to promote community health support and to provide health intervention activities for implementation of County of Fresno Page 1 File Number.23-0176 File Number:23-0176 Fresno County's Advancing Health Literacy Intervention Program. If approved, the recommended action would allow changes to Aria's budget to reflect actuals in year one and increase the year two budget with carryover amounts from unspent year one funds. The recommended action would also allow for a correction in the previous Agreement's wording of the Compensation/Invoicing section to ensure the written and numeric compensation amounts are in concurrence. Additionally, the recommended action will allow for the addition of two optional twelve-month extension periods by the Department Director or designee, dependent upon satisfactory performance, service need, and approval from both parties. No changes were made to the maximum total compensation. REFERENCE MATERIAL: BAI #42, May 3, 2022 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk- First Amendment to Agreement with Avenal Community Health Center dba,Aria Community Health Center CAO ANALYST: Ron Alexander County of Fresno page 2 File Number.23-0176 Agreement No. 23-138 1 AMENDMENT ITO AGREEMENT 2 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made and entered 3 into this 28th day of March , 2023, by and between COUNTY OF FRESNO, a Political 4 Subdivision of the State of California, Fresno, California (hereinafter"COUNTY'), and Avenal 5 Community Health Center dba Aria Community Health Center, a California Non-Profit Corporation, 6 whose address is 555 E. Street, Lemoore, California 93245, hereinafter referred to as 7 "CONTRACTOR". 8 WITNESSETH: 9 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number A-22-182, dated 10 the 31 of May 2022 (hereinafter"Agreement"); and 11 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to 12 adjust annual budget amounts to reflect year one actuals, carryover unspent funds from year one to 13 year two, and reallocate carryover funds in the Personnel, Fringe Benefits, Operational, Travel, and 14 Other Costs budget categories to account for previously unanticipated expenses; and 15 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to 16 allow for the option to extend the Agreement for two additional twelve (12) month periods upon written 17 approval of both parties; and 18 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement regarding 19 changes as stated below and restate the Agreement in its entirety. 20 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of 21 which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 22 1. Paragraph Three (3)—TERM, of the Agreement, on Page Two (2), Line Twelve 23 (12) and ending on Page Two (2), Line Fourteen (14) with the number"2023" shall be deleted in its 24 entirety and replaced with the following: 25 "3. TERM 26 The term of this Agreement shall commence on May 3, 2022 and continue through and 27 including June 30, 2023. This Agreement may be extended for two (2) additional twelve (12) month 28 periods upon written approval of both parties no later than the last day of the current term. The - 1 - 1 Director or his or her designee is authorized to execute such written approval on behalf of COUNTY 2 based on CONTRACTOR'S satisfactory performance and availability of funds." 3 2. That all references in Agreement to "Exhibit B" shall be changed to read 4 "Revised Exhibit B". Revised Exhibit B is attached hereto and incorporated herein by this reference. 5 3. That Paragraph Four (5)— COMPENSATION/INVOICING, of the Agreement, on 6 Page Three (3), Line Eight (8) and ending on Page Three (3), Line Twenty-Seven (27)with the word 7 "Year" shall be deleted in its entirety and replaced with the following: 8 "5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and 9 CONTRACTOR agrees to receive compensation as identified in Revised Exhibit B, attached hereto 10 and incorporated herein by this reference. CONTRACTOR shall submit monthly invoices to COUNTY, 11 by the 15th day of each month for the prior month's expenditures, e-mailed to the County of Fresno, 12 Department of Public Health, HPW-Health Literacy Program, Attention: HPW-Health Literacy 13 Program Staff Analyst at DPHBOAP@fresnocountyca.gov or addressed to the County of Fresno, 14 Department of Public Health, HPW-Health Literacy Program, P.O. Box 11867, Fresno, CA 93775, 15 Attention: HPW-Health Literacy Program Staff Analyst. 16 Invoices shall detail line items as specified in Revised Exhibit B, including original budget 17 amount(s), current month's expenses, year-to-date expenses, and budget balances. In addition, 18 invoices shall also include all relevant supporting documentation including but not limited to copies of 19 original statements, program expense receipts, payroll records, mileage claims and documented 20 administrative / overhead costs. No reimbursement for services shall be made until invoices are 21 received, reviewed and approved by COUNTY's Department of Public Health. 22 In no event shall services performed under this Agreement be in excess of Five Hundred 23 Thousand and One Hundred Ninety-Eight Dollars and 00/100 ($500,198) during the initial term of 24 this Agreement. It is understood that all expenses incidental to CONTRACTOR'S performance of 25 services under this Agreement shall be borne by CONTRACTOR. COUNTY shall not be obligated to 26 make any payments under this Agreement if the request for payment is received by the COUNTY 27 more than forty-five (45) days after the end of the Federal Fiscal Year." 28 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the - 2 - 1 Agreement, and that upon execution of this First Amendment, the Agreement and this First 2 Amendment together shall be considered the Agreement. 3 The parties agree that this First Amendment may be executed by electronic signature as 4 provided in this section. An "electronic signature" means any symbol or process intended by an 5 individual signing this Amendment to represent their signature, including but not limited to (1) a digital 6 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and 7 transmitted (for example by PDF document) of a handwritten signature. Each electronic signature 8 affixed or attached to this Amendment (1) is deemed equivalent to a valid original handwritten 9 signature of the person signing this Amendment for all purposes, including but not limited to 10 evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as 11 the valid original handwritten signature of that person. The provisions of this section satisfy the 12 requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act 13 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital 14 signature represents that it has undertaken and satisfied the requirements of Government Code 15 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely 16 upon that representation. This Amendment is not conditioned upon the parties conducting the 17 transactions under it by electronic means and either party may sign this Amendment with an original 18 handwritten signature. 19 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 20 covenants, conditions, and promises contained in the Agreement and not amended herein shall 21 remain in full force and effect. This Amendment shall become effective upon execution. 22 /// 23 /// 24 /// 25 26 27 28 /// - 3 - 1 /// 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I as of the day and 3 year first hereinabove written. 4 5 Avenal Community Health Center dba COUNTY OF FRESNO Aria Community Health Center 6 Y� Y1 Digitally signed byJenelle Mason 7 J e n e I I e M d S O n Date:2023.03.07 06:54:48-08'00' Jenelle Mason, CCO al me 8 rm of the Board of Supervisors of 9 3/7/23 the County of Fresno Date 10 Mailing Address: 11 555 E Street Lemoore, CA 93245 12 13 ATTEST: Bernice E. Seidel 14 Clerk of the Board of Supervisors 15 County of Fresno, State of California 16 FOR ACCOUNTING USE ONLY: By: 17 Fund/Subclass: 0001/10000 Deputy Organization: 56201557 18 Account: 7295 19 20 21 22 23 24 25 26 27 28 - 4 - O T N mt V M o O N O M N t0 N O O O N Q O Qt 0 0 O n O N Q N O O N ow O m w o O P O Q n N l0 O O ml O n 1� mt T VI Y1 T O N o eV Yf N !b O n .+ Q o 0 ^ O N °1 n m m T n m n Q N ll O M o N n y ry 0 ri T m ut N N N in � 41 N T m tm O N O S n Q .i EO .ti mi T rl ml N ti ri tD tD N N tD vl ��T O 00 T 1� n I+l O n O ll1 O N O � N m N M •i Q m N H m T M N O N Q O m 10 O F 3 z Uf Vf Vl N VI VI t/V w N w V}lM1 tR N 1I� to Vf to�A N H N N N N O m m m 0 O 0 "R o n n O o m m O O O O N 0 0 O O O O m T T O M O o t0 lnm lm O O m Qf O 0 0 0 0 0 0 0 O Q N O mI o l+i rri rri rri ni o o In o 0 0 0 0 m E R VI O O lm O O O T o N m m O O O N n 'p o R 0 0 0 oLQ LQ �m n to tc to in nT n vv'i m o rl 0 m o 0 o n Q m M N ry M o 1p v to m m T a o O H N O O. 6 a V�Ul N V!Vl t/l to N N �JJJ-I-H-1-14� kl-H—H �H—� HJJJ-141-1 O T n tO Q m in Q 0 o Q o 0 0 0 m 0 m n Q .+ O O Q VI m1 Q m n N n 1p Q M N Iq N mt tp .1 m to Q O T O O Lq M n 0 T Ci m n = M N rl O M rl ml tvf ul to V N mJ t0 M 00 YI O mt M an ul ml .-+ N O n'1 M O M Q 0 w m N n N 0 I� 00 N tm N M O N O m ry m Q ti mt m �D Q o Ot N .y Ot m mt Ot iD Q m in o m I+t n o CO � O m ri mi N O O N t➢Vl Vl tp Vf t0 tp N Q N N m Itl n ri N h h O O n O N m N v v z .o w E a a O. 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