HomeMy WebLinkAboutAgreement A-24-588 Interdepartmental Agreement.pdf Agreement No. 24-588
1 INTERDEPARTMENTAL AGREEMENT
2 THIS INTERDEPARTMENTAL AGREEMENT("Interdepartmental Agreement")is dated
3 November 5, 2024 , between the COUNTY OF FRESNO, DEPARTMENT OF PUBLIC HEALTH
4 ("DPH"),the COUNTY OF FRESNO, DEPARTMENT OF PUBLIC WORKS AND PLANNING("PWP"),
5 and the COUNTY OF FRESNO, INTERNAL SERVICES DEPARTMENT("ISD"), collectively hereinafter
6 referred to as"DEPARTMENTS", and ratified by the COUNTY OF FRESNO ("COUNTY")
7 W ITNESSETH:
8 WHEREAS, the American Rescue Plan Act of 2021 ("ARPA") provided the County
9 approximately$194 million in Coronavirus State and Local Recovery Fund ("SLFRF")for various eligible
10 uses, outlined in the Interim Final Rule, Final Rule, 2023 Interim Final Rule, and the Obligation Interim
11 Final Rule, (collectively, "ARPA funding");
12 WHEREAS, the County has approved an expenditure plan which sets funding
13 appropriations for 81 major programs or projects(collectively,"Program"),which are scheduled to be
14 funded either in whole in part by the County's ARPA funding;
15 WHEREAS, the County Administrative Office("GAO")oversees the County's ARPA
16 expenditure plan, coordinates with department directors to monitor Program implementation,and
17 monitors ARPA spending for the County;
18 WHEREAS, COUNTY owns the facility used by the DPH, located at 1221 Fulton Street,
19 Fresno, CA 93721, which consists of two buildings, the Brix Building, a six-story office building with
20 basement and mezzanine floors constructed in 1922, and the Mercer Building, a three-story office
21 building with basement constructed in 1957; and
22 WHEREAS, the Brix Building basement has a total square footage of 15,015 square feet,
23 and the Mercer Building basement has a total square footage of 10,995 square feet; and
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24 WHEREAS, on October 17, 2018, the Brix and Mercer Building basements were
25 inundated by flood waters emanating from a ruptured water line, which caused a complete loss of
26 function and use of both basements, and
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1 WHEREAS, the COVO-19pmndemic resulted in negative health impacts hl the public,
2 and making investment to improve the Brix and Mercer Facilities ensures that DpH can continue to
3 provide essential services as COV|U-1D infections continue in Fresno County; and
4 VVHEFlE4S. on August G' 2022. the County Board of Supervisors approved
5 $3,000.000.00 in ARpA funding for DPH to implement the "Rebuilding the Brix-Mercer Beaenoanf' '
6 Program, which will rebuild the basements in both the Brix and the Mercer buildings (the "Basement
7 Rebuild"or"Prognsmn"); and
8 WHEREAS, [>PH, in coordination with PVVPand |GQ, seeks to implement and complete
9 the Basement Rebuild to reinstate functionality and use of these areas; and
10 WHEREAS, the DEPARTMENTS have agreed to create this Interdepartmental
11 Agreement to memorialize their acUviUes, actions, and responsibilities for the implementation and
12 completion uf the Program.
13 NOW,THEREFORE, in consideration cf their mutual covenants and conditions,the
14 parties agree aofollows:
15 1, DEPARTMENT RESPONSIBILITIES AND SCOPE OF WORK:
16 DPH, in coordination with PWP and ISD, shall implement the Program, as described in Exhibit A, Scope
17 of Work,which ie attached and provide for a Notice ho Proceed toPVVP.
18 2.
19 A. This Interdepartmental Agreement shall become effective retroactive to August 9.
20 2022 ("Effective Oate"), and shall terminate on the 30th day ofJune 2027' unless
� 21 terminated earlier in accordance with this Agreement.
22 B. ARP* T7mofine. U.S. Department of the Treasury ("Treasury") nuqu|eyo ARPA-
23 GLFRF recpients, such ea the County, to return funds not expended by December
24 31, 2028. All ARPA-SLFRF utilized in the Program shall be expended by or before
} 25 December 31. 2020. To ensure the DEPARTMENTS can fully expend ARPA-BLFRF
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28 ahead of the Treasury's deadline, the DEPARTMENTS agree to track and request
) 27 reimbursement payments from the ARPA program on a 30-day basis, and in a timely
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1 3. PROCUREMENT REgUIREMENTS
2 A. The DEPARTMENTS shall comply with all procurement requirements specified in the
3 Title 2 of the Code of Federal Regulations (the "Uniform Guidance]. |nn|Ud|ng. but
4 not limited to, 2CFR Part 2OO.317 at. seq.
5 4. TIMELINE, FINANCIAL,AND PERFORMANCE REQUIREMENTS
8 A. Fr000nnn Timeline. U.S. Department of the Treasury ("Tmseeurv" requires ARPA'
7 SLFRF nauip|enta, such aa the County, to return funds not expended by December
8 31, 2026. To ensure DPH man h|Uy expend ARPA-SLFRF ahead of the Treasury's
B deadline, DPH agrees to request ARPApayments on m 30'deybeoio. and in n bmnek/
10 manner.
11 B. Expenditures. DPH egnams that all Pnognmm'na|otad expenditures shall comply with
12 requirements set forth in the Uniform Guidance, 2 CFR Part 200. Uniform
13 Administrative Requinaments, Cost Phno\p|aa, and Audit Requirement for Federal
14 Awards.
15 C. Budget. DPH agrees that all expenditures will be in accordance with the approved
16 budget for the bamn of this Agnaerngmt, as shown in Exhibit A, which is attached and
17 incorporated bv this reference.
18 D. Payment Requests. DPH aQnaea to submit monthly deinns to request payments from
19 the ARPA-GLFRF program by the 1Om day cf each month (every 3O-days)bJ the CAl]
20 program email: .
21 [}PH agrees to reimburse PWP and |GO in monthly ammano, upon processing of
22 billing. DPH shall prepare automated jounlo|a through the Pemp|mSVft Financial
23 System to bill for all hours wmrbad, materials used and contracted services in relation
24 to service performed. Peop|eSoftjourna|n will be processed on or about the middle of
i 25 each month beginning April 2022 and each month thereafter through the term of this
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/ 26 Agreement.
� 27 E. Responsiveness. TO ensure compliance with Federal and State regulations, CAO
` 28 and/or County Auditor Controller—Treasurer Tau Co|ectoro ("ACTTC~) office may
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1 require additional supporting documentation molaritficaUon of claimed .
2 OPH agrees to respond in writing within five (5) business days to avoid delays.
3 disallowable expenditures, or partial payments.
4 F. Reporting. DPH agrees toprovide supporting documents and corresponding reports
5 as requested by the CAO. County Auditor Controller—Treasurer Tax CuUeotor'e
0 (^ACTTC") ¢fHce, or Treasury to meet any reporting deadlines. DPH shall adhere to
7 the instructions and format, including specific forms, required for ARPA funding.
8 G. Release of Funds and Compliance. DPH agrees that maintaining compliance with all
8 ARP/-GLFRF requirements is necessary for authorization of funds to be released
10 from theARpA'SLFRF account. If payment discrepancy arises, [}PH agrees hofind
11 e resolution in a Unnm|y manner that complies with the terms and conditions of the
12 ARPA-8LFRFproQoam.
13 H. Records, OPH. |SD. and PVVP shall assume responsibility for maintaining detailed
14 records to support its invoices to CAO and ACTTC, for services provided under this
15 Interdepartmental Agreement. }SO and PVVP shall retain all records for aminimum of
16 fima (6) years following the expiration of this Agreement. In the event of any
17 outstanding State mf California or Federal audits orexceodons. |GD and PVVPagree
18 to individually retain their records until such audits and exceptions are fina|bad.
19 5.
20 Any party may terminate this Agreement by providing the other parties written notification priorto
21 termination. Upon hamn|nat|on' the parties agree that all reports and supporting documentation required
22 for services rendered pursuant to this Agreement shall be provided to CAO, ACTTC, or the Treasury.
23 6,
24 In consideration of the services provided pursuant to the terms and conditions of this
� 25 Interdepartmental Agreement, DPH agrees topay PVVP and/or|SD and PVVP and/or!S[J agree bo
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� 26 receive compensation for services provided pursuant to Exhibit A,"Scope of Work,"in accordance with
' 27 the budget identified in the capital projects formidentifiedinExhibitB. °DepartmentCaphm| Pnoject
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� 28 Funding Form,"attached and incorporated by this reference, and made part of this Interdepartmental
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1 Agreement. In no event shall compensation paid for services performed under this Interdepartmental
2 Agreement exceed Ten Million, Four Hundred Thousand Dollars($10,400,000.00)during the term of
3 this Interdepartmental Agreement,for estimated construcUon costs only.
4 Payments shall be made marrears for services provided during the preceding 30uays.
G PWP andlor{8O will invoice DPH within 30 days for expenses incurred therein and PWP and/or ISDwill
6 be paid within the terms of3O days from DPH's receipt\o review and approve PVVF'm and/or|SO'n
7 invoices and supporting documentation.
G 7' INVOICING:
9 PWP and ISD shall each prepare a monthly invoice with supporting documentation for
10 services rendered under the terms and conditions of this Interdepartmental Agreement.The
11 reimbursement request shall itemize total expenditures incurred by PWP and/or ISD, including staff
12 salaries, benefits, supplies, contractor services and labor,and equipment necessary for Program
13 completion. Supporting documentation as described herein shall be included. DPH shall prepare
14 reimbursement journals to PWP and ISD once invoice, supporting documentation, and contractor pay
15 applications are reviewed, which shall be approved within 30 days from the date of invoice submittal.All
18 reimbursements shall be subject to County, State of California, and Federal audits.
17 All supporting documentation for ISD charges covered under this Agreement shall be
18 posted to the|8C>billing intnanod site for reference and use byDPH. The |8D billing intranatsite
19 itemizes all expenditures incurred by ISD including labor, supplies, and direct chargebacks related to
20 contracted services.
21 The DEPARTMENTS will ensure compliance with Federal and State regulations, and the
22 CAO and/or County Auditor Controller—Treasurer Tax Collector's("ACTTC")office may require
23 additional supporting documentation or clarification of claimed expenditu res,for the ARPA funding.The
24 DEPARTMENTS agree ho respond inwhdng within five(5)business days to avoid delays, disallowable
25 expenditures, or partial payments.
� 26 8.
� 27 DPH may submit a written request to CAO asking for a budget reallocation of the ARPA funding.
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� 28 The request must be reasonably within the approved scope ofwork for the (s). shall include an
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1 explanation for why the Program(s) budget reallocation is needed, and shall be provided to CAO at least
2 ninety (90) days prior to the expiration date of this Agreement. The request must include all required
3 documentation to justify the need for a reallocation. DPH may not expend the ARPA funding under a
4 reallocated Program(s) budget until DPH receives written approval from either the CAO or County Board
5 of Supervisors, as applicable. Any additional funds or other modifications may be added to this
6 Agreement by written Amendment setting forth the modifications or amendments signed by the parties
7 and approved by the Board of Supervisors, if applicable.
8 9. CONFIDENTIALITY:
S All services performed by DEPARTMENTS under this Interdepartmental Agreement shall
10 strictly comply with all applicable Federal, State, and/or local laws and regulations relating to
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12 10. NON-ASSIGNMENT:
13 No Department shall assign, transfer,or subcontract this Interdepartmental Agreement
14 nor their rights or duties under this Interdepartmental Agreement without the prior written consent of the
15 other DEPARTMENTS.
10 11~ RECORDS:i
17 PWP and ISD shall each assume responsibility for maintaining detailed records to
! 18 support their invoices for services provided under this Interdepartmental Agreement. PVVP and |SO.
19 individually,shall at any time during business hours, and as often as DPH may deem necessary, make
20 available to DPH for examination all its records and data with respect to the matters covered by this
21 interdepartmental agreement. PWP and ISD, individually,shall, upon the request by DPH, permit DPH
22 to audit and inspect all such records and data necessary to ensure PWP's andlor ISD's compliance with
23 the terms of this Agreement.
24 PVVP and |GO shall provide OPH with access to all records for audit purposes.
| 25 Furthermore, PVV9 and |8DshaU retain all records�nornininournof five (5)years foUowinQthe
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< 28 expiration of this Interdepartmental Agreement. |nthe event of any outstanding State of California or
27 Federal audits or exceptions, PVVP and |8Q agree individually to retain their records until such audits
/ 28 and exceptions are finalized.
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1 12.
2 During the performance of this Interdepartmental Agreement, DEPARTMENTS shall not
3 unlawfully discriminate against any employee or applicant for employment, or recipient ofoervicem'
4 because of race, re||Qion, ooior, national ohgin,anceatry, physical disability, medical condition, marital
5 status, age or gender, pursuant to all applicable State of California and Federal statutes and regulations.
6 13. :
7 The persons and their addresses having authority to give and receive notices under this
8 Interdepartmental Agreement include the following:
0 XSID OPH
StevenE.White, PE, PLS Edward Hill David Luchini. RN,PH0
10 Director of Public Works and Planning Interim Director ofInternal Director of Public Health
222O Tulare Street,GmFloor Samices/Ch|ef|nhonnation 1221 Fulton Street,GmFloor
11 Fresno, CA 93721 Officer Fresno, [A93721
333VV. Pontiac Way
12 Clovis, CA83612
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14 Any oy the parties may change the notice information from time totime.
16 14. ENTIRE AGREEMENT:
18 This Agreement, including all Exhibits. constitutes the entire Interdepartmental
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17 Agreement between DPH' PVVP and |8O with respect bztheaubioctmederherenf, mndeupemedoea||
18 previous agreements, negotiations, proposals, commitments,writings, advertisements, publications,and
19 understandings of any nature whatsoever unless expressly included in this Interdepartmental
20
Agreement.
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1 28 [SIGNATURE PAGE
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I IN WITNESS WHEREOF,the DEPARTMENTS have executed this Interdepartmental Agreement
2 as of the day and year first hereinabove written.
3
4 COUNTY OF FRESNO COUNTY OF FRESNO
DEPARTMENT OF PUBLIC HEALTH
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7 David Luchini;Director o ublic Health Nathan Magsig, Chairman of the Board
8 j of Supervisors of the County of Fresno
9 COUNTY OF SNO ATTEST:
INTERNAL SERVICES DEPARTM Bernice E. Seidel
10 Clerk of the Board of Supervisors
:1 - County of Fresno, State of California
11 By:
12 Edward Hill, Interim Directo nternal Deputy
Services/Chief Information Officer
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14 COUNTY OF FRESNO
DEPARTMENT OF PUB WORKS
15 AND PLANNING //
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Steven E.Whf e, Director of Public Works
18 and Planning
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FOR ACCOUNTING USE ONLY:
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ORG:56201500
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I Account: 8150
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Program:91760
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1 Exhibit A
2 Scope of Work
3 The Department of Public Health (DPH) experienced a flood in 2018 that destroyed the
4 basement area Pfthe Bix and Mercer Buildings. This Program will deliver a newly redesigned basement
5 at the Brix-Mercer Facility which will support the development of the County workforce in all service
G araaa, ebznage, training opaoea, and conference rooms. The basement design will include additional
7 space and storage for OPH prognoma, while o0U having the capacity for storing large assets, or larger
8 inventory to respond accordingly to public health emergencies. The County's response to COVID-19 in
9 2020 highlighted the importance of sufficient space for both surge staffing for emergency supplies and
10 prophylaxis received through State or Federal agencies. The basement improvements, as envisioned,
11 will be made available for use by other County Deperbnante, community-based opgonizaUonn, and the
12 public to conduct community meetings, health education forums, and health trainings.
13 The Program will include expenditures consisting of, but not limited to, build out the Architectural,
14 Mechanical, Stuuutura|, Fire SphnNer, Plumbing, H\A\C. and Electrical to provide multipurpose and
15 functional areas in the Brix-Mercer Basements. All Departments are required to comply with applicable
16 current laws and regulations related to pre-construction and construction activities and services.
17 Under this Scope mfWork, the architect mfrecord, Muratore Associates will provide professional
18 design services.The Departments will provide all other work as required by the below tasks.
18 The Scope is organized into the following tasks:
� 20 * Finalize Project design — this includes approval by all Departments subject to this
21 Interdepartmental Agreement, to comply with and finalize approvals with other outside agencies
22 (i.m. Fire Department, etcJto issue permits required for construction.
23 T§shL2:� Submit Project for Construction Bids — this includes the enbmety of the procurement
24 process from Request for Quotation, submittal ofbids, bid nmview, bid selection, and Notice to
25 Proceed. The Departments agree that the Notice to Proceed will be issued no later than fimd
26 quarter of2O25 and commit to fully expend funding provided by Amnehoan Rescue Plan Act —
� 27 State and Local Fiscal Recovery Fund (ARPA'BLFRF>byno later than June 3O, 2O28.
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i m Task 3: Management of Project and Project Alternatives — this includes management of the
2 ongoing projects and mltennetkaan outlined in the event of an increase or decrease of funding
3 expenditure mentioned iD the Interdepartmental Agreement.
4 0 Project Completion — this includes working toward the oqmnp|mbon of the project by no
5 later than June 3O. 2D2T.
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The Departmental Responsibilities are aofollows:
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DPH
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A. DPH shall make the basements uf the Brix and Mercer Buildings available topVVP
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and |GO.
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B. OPH has allocated an initial sum cf ten million,four hundred thousand dollars
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($1O.4O0,O0D.OD)\m fund basement improvements and provide a Notice boProceed
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to ISD/PWP. ARPA funding at three million dollars($3,000,000.00)is authorized
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from the Board of Supervisors for this project. The remaining seven million four
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hundred thousand dollars/$7.4OO,OOO.8U\will be provided from DPHlocal
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resources.
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C. DPH shall provide pVVP. and the County Administrative Offine(CAJ)with e copy of
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the Department Capital Project Fund|ngFonn. mUmuhedanEnhibitB.
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O. DPH will utilize the ARPA-SLFRF for the incurred costs of demolition, architectural
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consultation, and to pay expenditures consisting of, but not limited to, build out the
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An:hibyobunm|, Mechanical, Structural, Fire Sprinkler, p|urnbinQ. H\V\C. and
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Electrical.
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ISD
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A. |GD provided demolition of the Basement Rebuild which commenced on May1.
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! 2024, and completed on August 26, 2024.The total cost of two hundred sixty-six
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� thousand, six hundred W-six and 36/100 dollars($266,656.36)has been or shall
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1 project management, and architectural consultation related to this portion of the
2 Basement Rebuild.
3 B. IS[)ujU provideand make available all necessary information related hoadditional
4 facility improvements(Mechanical, HVAC, Plumbing, Electrical, Security)that need
5 iobe incorporated into the rebuilding of the basements of the Brix and Mercer
G Buildings.
7 C. |SD will provide for ongoing maintenance and repair in accordance with|SD's
8 standard practices.
9 O. |SO will provide itemized cost breakdowns for services and expenses including
10 billable time for staff,design, pre-construction, construction, and closeout of the
I project.
12 E. ISD will have a maximum of two hundred seventeen thousand, one hundred dollars
13 ($217,100.00)allocated from the total sum of ten million,four hundred thousand
14 dollars($10,400,000.00)for the program management, operations submittals,fire
15 suppression contractor coordination, and consultation on ongoing operations and
16 equipment maintenance.
17 PWP
18 A. PVVP will work with the architect of record bm finalize additions and changes
' 19 requested by|GD and/or DPH.
20 B. FWP will ensure that all changes made to design and as+buiKm are approved bv
21 OPH prior toimplementation.
22 C. PWP will provide itemized cost breakdowns for services and expenses including
23 billable time for staff,design, pre-construction, construction,and closeout of the
24 project. PVVP's contractors bid package will be itemized tonote materials utilized,
26 and labor costs.
} 28 O. PVVP will have e maximum oY six hundred fifty thousand dollars($85O.0OU.0O)
27 allocated from the total sum of ten million,four hundred thousand dollars
� 28 $1O.4U0'ODO.00 for project managemartendconstruct(onovmnsiQht.
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I E. PWP shall utilize Npto$2,733.34304ofDPH'sARPA-SLFRF allocation for the
u construction ofthe Basement Rebuild.These construction costs shall include, but
3 are not limited to, work in the areas of Architectural, Mechanical, Structural, Fire
4 Sprinkler, Plumbing, HVAC, and Electrical to deliver a newly redesigned basement
o at the Brix-Mercer Facility which will support the development of the County
6 work-force in all service anaea, stonage,training spaces, and conference rooms.
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1 Exhibit B
2 Department Capital Project Funding Form
3 Project Information
Date: 6/13/2024
1+ Department: Department of Public Health
5 Program: Public Health
Project Name: Brix-Mercer Basement Rebuilding Project
6 Project Manager: (DIPH)James Sponsler
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8 Budget Details
Total Funding Available: $10,900,000
9 Funding sources: $3,000,000 from ARPA, $7,900,000 from Public
Health Realignment and local resources to reach
10 an estimated sum of$10,900,000.
11 % of State/Federal: 28% Federal ARPA, 72% State Realignment
12 % NCC: $0.00
Estimated Construction costs: $10,400,000
13 Estimated Furniture Fixture&Equipment $500,000
Costs:
14 Estimated Relocation Costs: $0.00
15 Estimated Maintenance Costs: $110,542.50 annually
Accounting string,
16 Org: 56201500
Account: 8150
17 Fund: 0001
18 Subclass: 10000
Program: 91760
19 Funding RestricUons: MOU must be ready by 12/31/2024 for ARPA
20 Maintenance Funding Plan: Funding plan will be included in annual ongoing
building maintenance costs for the Brix-Mercer
21 Building.
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