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HomeMy WebLinkAboutFresno Economic Opportunities Commission-Letter to Terminate_A-23-135.pdf COUP 19 0 County of Fresno O� g6 o DEPARTMENT OF PUBLIC HEALTH David Luchini, Director Dr. Rais Vohra, Interim Health Officer July 7, 2023 Emilia Reyes, Chief Executive Officer Fresno Economic Opportunities Commission 1920 Mariposa Street Fresno, CA 93721 Re: Notice of Termination, Agreement Number A-23-135 The County of Fresno (County), through its Department of Public Health, currently has an agreement with Fresno Economic Opportunities Commission (EOC) to provide health intervention services for Fresno County's Initiative to address COVID-19 Related Health Disparities Program. Pursuant to paragraph 6.3 of this Agreement, this letter will serve as the County's thirty (30) day advance written notice of an intention to terminate the above referenced agreement due to the service providing agency's (African American Coalition) departure from EOC as a fiscal agent. The effective date of termination shall be August 21st, 2023, any outstanding reports or invoices must be submitted by September 15th, 2023. The Department of Public Health, Division of Health Policy and Wellness, has enjoyed working in collaboration with EOC under the Health Disparities Program and we look forward to other possible collaborations. If you have any questions, please contact Michael Flores, Staff Analyst at mifloresCaD-fresnocountyca.gov. Respectfully, 1 vid Luchini, RN, Director Promotion,preservation and protection of the community's health 1221 Fulton Street/P. 0. Box 11867, Fresno,CA 93775 (559) 600-3200 • FAX(559) 600-7687 The County of Fresno is an Equal Employment Opportunity Employer www.co.fresno.ca.us • www:fcdph.org Page 1 of 2 1 5.4 Claims Presentation. For all claims arising from or related to this Agreement, 2 nothing in this Agreement establishes, waives, or modifies any claims presentation 3 requirements or procedures provided by law, including the Government Claims Act (Division 3.6 4 of Title 1 of the Government Code, beginning with section 810). 5 Article 6 6 Termination and Suspension 7 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are 8 contingent on the approval of funds by the appropriating government agency. If sufficient funds 9 are not allocated, then the County, upon at least 30 days' advance written notice to the 10 Contractor, may: 11 (A) Modify the services provided by the Contractor under this Agreement; or 12 (B) Terminate this Agreement. 13 6.2 Termination for Breach. 14 (A) Upon determining that a breach (as defined in paragraph (C) below) has 15 occurred, the County may give written notice of the breach to the Contractor. The written 16 notice may suspend performance under this Agreement, and must provide at least 30 17 days for the Contractor to cure the breach. 18 (B) If the Contractor fails to cure the breach to the County's satisfaction within the 19 time stated in the written notice, the County may terminate this Agreement immediately. 20 (C) For purposes of this section, a breach occurs when, in the determination of the 21 County, the Contractor has: 22 (1) Obtained or used funds illegally or improperly; 23 (2) Failed to comply with any part of this Agreement; 24 (3) Submitted a substantially incorrect or incomplete report to the County; or 25 (4) Improperly performed any of its obligations under this Agreement. 26 6.3 Termination without Cause. In circumstances other than those set forth above, the 27 County may terminate this Agreement by giving at least 30 days advance written notice to the 28 Contractor. Page 2 of 2