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HomeMy WebLinkAboutSTATE DPH-Office of AIDS-Enhanced Integration HIV Prevention Grant Program_A-23-503.pdf COU Y Count of Fresno Hall of Records, Room 301 2281 Tulare Street Fresno,California Board of Supervisors 93721-2198 1s56 0 Telephone:(559)600-3529 Minute Order Toll Free: 1-800-742-1011 www.co.fresno.ca.us September 19, 2023 Present: 5- Supervisor Steve Brandau,Vice Chairman Nathan Magsig, Supervisor Buddy Mendes, Supervisor Brian Pacheco, and Chairman Sal Quintero Agenda No, 52. Public Health File ID: 23-0895 Re: Approve and authorize the Chairman to execute First Amendment to revenue Agreement(State Agreement No.22-10785)with the California Department of Public Health Office of AIDS, extending the term by five months from December 31, 2023 to May 31,2024 with no change to the maximum compensation of$299,205 APPROVED AS RECOMMENDED Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero Agreement No.23-503 County of Fresno Page 52 coU�,� t Board Agenda Item 52 O 1856 O � FRESH DATE: September 19, 2023 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: First Amendment to the Revenue Agreement with California Department of Public Health Office of AIDS RECOMMENDED ACTION(S): Approve and authorize the Chairman to execute First Amendment to revenue Agreement(State Agreement No. 22-10785)with the California Department of Public Health Office of AIDS, extending the term by five months from December 31, 2023 to May 31, 2024 with no change to the maximum compensation of$299,205. There is no additional Net County Cost associated with the recommended action. Approval of the recommended action will allow the County to continue providing services without any disruption and to align the grant term with the federal award for Integrated HIV Surveillance and Prevention Programs. No additional funds are being provided for this extension at this time but are expected to be provided with a later amendment. This item is countywide. ALTERNATIVE ACTION(S): There is no viable alternative action. Should your Board not approve the recommended action, the agreement will expire on December 31, 2023 and Department would not be able to accept the expected amendment of additional funding from California Department of Public Health Office of AIDS (CDPH-OA)to cover the extended five month period causing a void in services to address HIV prevention within our Community. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended action. There are currently no changes to the maximum compensation of$299,205 for this agreement; however,future changes are expected to arrive when the funds are released to CDPH-OA by the Centers for Disease Control and Prevention. Sufficient appropriations and estimated revenues are included in the Department's Org 5620 FY23-24 Adopted Budget. DISCUSSION: On April 25, 2023, your Board approved a revenue agreement(A-23-190)with CDPH to provide continued funding from the CDPH-OA for the Department's HIV Prevention Program (Program)for staff, supplies, and to provide HIV prevention services to clients. The Department offers clients HIV prevention services at low or no cost. Services include, but are not limited to, HIV prevention education, rapid testing, linkage to care and counseling services. In 2022,the County of Fresno page I File Number.23-0895 File Number. 23-0895 Program established the HIV Intervention Unit(HIV IU). This team of four communicable disease specialists assist newly HIV diagnosed individuals with linkage to HIV care services, offer partner notification options, and will provide transportation to the individual's first two HIV care appointments. The Program provides referrals to HIV testing and HIV PrEP/PEP navigation to partners of HIV positive clients and all individuals who test negative through the Department's rapid testing clinic. In addition, CDPH, Office of AIDS alerted the HIV IU of several molecular HIV clusters involving Fresno County residents. Program staff are assigned these cases to confirm the identified individuals are in HIV care, have received adequate treatment for syphilis and/or other sexually transmitted diseases and to reintroduce partner notification assistance. Case conferences with Office of AIDS are held to review the team's findings. Program staff also participate in the following county and regional groups: Fresno HIV Stakeholders, Central Valley HIV Stakeholders, Central Valley Harm Reduction Coalition, and the Central Valley Opioid Safety Coalition. On October 12, 2022, CDPH-OA issued a letter stating the County was awarded funds for CY 2023 for evidence-based public health activities to address HIV prevention within the local health jurisdiction. The proposed scope of work includes activities that allow the Department to provide increased prevention opportunities, reach high-risk individuals, and offer testing and prophylaxis opportunities to reduce the risk of contracting HIV. The Department's proposed activities will focus on the following strategies from the CDPH-OA HIV Enhanced Integration: Guide to HIV Prevention and Surveillance: • Strategy 1: Strengthen disease investigation infrastructure • Strategy 2: Expand and provide navigation services HIV testing only) • Strategy 3: Expand access to syringe services for people who inject drugs The recommended amendment extends the term of the agreement by five months to continue providing services without any disruption and to align the grant term with the federal award for Integrated HIV Surveillance and Prevention Programs for the Department. REFERENCE MATERIAL: BAI #36,April 25, 2023 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk-Amendment to Agreement with CDPH CAO ANALYST: Ron Alexander County of Fresno Page 2 File Number.23-0895 ll l GGl I1G1 1 V V. LJ-JV♦ State of California— Health and Human Services Agency— California Department of Public Health CDPH 1229A (Rev. 09/2022) California HIV Prevention Grant Program Awarded By THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, hereinafter "Department" TO County of Fresno, hereinafter "Grantee" Implementing the project, "Enhanced Integration", hereinafter "Project' AMENDED GRANT AGREEMENT NUMBER 22-10785 Al The Department amends this Grant, and the Grantee accepts and agrees to use the Grant funds as follows: AUTHORITY: The Department has authority to grant funds for the Project under Health and Safety Code, Section 131085b. PURPOSE FOR AMENDMENT: This amendment extends the term of the grant by (5) additional months to continue providing services without any disruption; also, to align the grant term with the federal award for Integrated HIV Surveillance and Prevention Programs for Health Departments. This is a no cost extension. Amendments are shown as: Text additions are displayed in bold and underline. Text deletions are displayed as strike through text (i.e., Strike). AMENDED TERM OF GRANT: The term of this Grant shall be amended to read as January 1, 2023, and terminates on DesembeF 31, 2023 May 31, 2024. No funds may be requested or invoiced for work performed or costs incurred after Detiern er 31,20 3, May 31, 2024. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant will be: California Department of Public Health County of Fresno Jesse Peck, HIV Prevention Branch Chief Jena Adams, Supervising Communicable Disease Specialist Telephone: (916) 449-5825 Telephone: (559) 600-3042 Email:jesse.peck@cdph.ca.gov Email: jadams@fresnocountyca.gov Direct all inquiries to: California Department of Public Health County of Fresno Daniel Miller, Program Advisor Jena Adams, Supervising Communicable Disease Specialist 1616 Capitol Avenue, Suite 616, MS 7700 1221 Fulton Street Sacramento, CA 95814 Fresno, CA 93721 Email: daniel.miller@cdph.ca.gov Telephone: (559) 600-3042 Email: jadams@fresnocountyca.gov Page 1 of 2 State of California—Health and Human Services Agency—California Department of Public Health CDPH 1229A (Rev. 09/2022) All payments from CDPH to the Grantee; shall be sent to the following address: Remittance Address County of Fresno Cashier— Irene Parada, DPH Business GAG Manager PO Box 11867 Fresno, CA 93775 Telephone: (559) 600-6415 Email: dphboap@fresnocountyca.gov Either party may make changes to the Project Representatives, or remittance address, by giving a written notice to the other party, said changes shall not require an amendment to this agreement but must be maintained as supporting documentation. Note: Remittance address changes will require the Grantee to submit a completed CDPH 9083 Governmental Entity Taxpayer ID Form or STD 204 Payee Data Record Form and the STD 205 Payee Data Supplement which can be requested through the CDPH Project Representatives for processing. All other terms and conditions of this Grant shall remain the same. IN WITNESS THEREOF, the parties have executed this Grant on the dates set forth below. Executed By: Date: gll�(I Z3 Sa Qu n ro, hairman, Board of Supervisors Co cfFretno, Contracts Section 1221 Fulton Street, 61h Floor Fresno, CA 93721 Date: 10-5-23 Ja r Sandoval, Chief Contracts Management Unit California Department of Public Health 1616 Capitol Avenue, Suite 74.262 P.O. Box 997377, MS 1800- 1804 Sacramento, CA 95899-7377 ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California By k�.,i a/;o. ��Ct f� Deputy Page 2 of 2 Contractor Certification Clauses CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number County of Fresno 94-6000512 By (Authorized Signature) ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California int Kam and Title of Person Signing By /� �•� ei�� -Deputy p y Sal Quintero, Chairman of the Board of Supervisors of the County of Fresno Date Executed Executed in the County of September 19, 2023 Fresno CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT OFFICE OF LEGAL SERVICES DGS OLS 04(Rev.01/17) Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of$100,000 or above shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of thefollowing: 1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and 2. EMPLOYER DISCRIMINATORY POLICIES: For contracts executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code). CERTIFICATION I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Proposer/Bidder Firm Name(Printed) Federal ID Number County of Fresno 94-6000512 By (Authorized Signature) PQ3 N me nd Title of Person Signing Sal Quintero, Chairman of the Board of Supervisors of the County of Fresno Executed in the County of Executed in the State of Fresno CA Date Executed September 19, 2023 ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California By�G )h V-4rG- Deputy California Department of Public Health Name/No.: HIV Prevention Grant Program (Amendment No. 22-10785 Al to Grant Agreement No. 22-10785) Fund/Subclass: 0001/10000 Organization #: 56201645 Revenue Account #: 4380