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Home My WebLink AboutAgreement A-20-123 with The Regents of the University of California.pdfCA-0146461 UCSF PI: Quin Hussey AGREEMENT NO. UFRA‐178 between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA And County of Fresno THIS Agreement is entered into by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, on behalf of the San Francisco campus ("UCSF") and County of Fresno (“Recipient”). WHEREAS, UCSF’s effort requires the participation of Recipient; NOW THEREFORE, in consideration of the mutual promises set forth below, UCSF and Recipient agree as follows: ARTICLE I. STATEMENT OF WORK Recipient shall exercise reasonable efforts to carry out the Statement of Work described in Exhibit A, which is incorporated herein and made a part of this Agreement. Any changes to the Statement of Work require prior approval from UCSF’s Program Director. ARTICLE II. PERIOD OF PERFORMANCE The authorized period of performance is from July 7, 2019 through June 30, 2020. The period of performance may be extended only by written amendment to this Agreement. ARTICLE III. CONSIDERATION UCSF will reimburse Recipient on a cost‐reimbursable basis for actual allowable costs in the performance of the work under this Agreement in the amount not to exceed $99,718 which is based on the budget incorporated herein and made part of this Agreement as Exhibit B. Expenditures shall be in accordance with Exhibit B. This amount shall not be exceeded nor shall any portion be carried forward to future years without formal amendment to this Agreement. ARTICLE IV. INVOICING AND PAYMENT Recipient must submit timely quarterly invoices, in arrears, in US Dollars to UCSF after incurring actual allowable costs not previously invoiced. Invoices must be submitted within 90‐day after the end of the quarter; otherwise funds shall not be available to Recipient. For expenses incurred from July through September, invoice must be submitted by December 31st. For expenses incurred from October through December, invoice must be submitted by March 31st. Agreement No. 20-123 CA-0146461 UCSF PI: Quin Hussey For expenses incurred from January through March, invoice must be submitted by June 30th. For expenses incurred from April through June, invoice must be submitted by September 30th. All invoices must provide a current and cumulative breakdown of costs by major cost category in accordance with Exhibit B. All invoices must be dated, numbered, include a copy of the general ledger for the invoice period, and include this Agreement number UFRA‐178. Invoices submitted without this information may delay payment. Invoices shall include certification that expenditures claimed represent actual allowable costs for committed effort and work performed under this Agreement. Invoices and questions related to financial reporting and payment of invoices should be directed to: Subcontract Invoices: OB_Finance@ucsf.edu Attention: Soo Shin Funds are subject to financial audit. Therefore, separate accounting of the funds must be maintained. UCSF will make provisional payment on all invoices submitted in accordance with the terms of this Agreement. The final invoice marked “FINAL” must be submitted within ninety (90) days after the expiration date of this Agreement. The final invoice shall include the following certification or similar version thereof: “Payment of this final invoice shall constitute complete satisfaction of all of UCSF’s obligations under this Agreement and Fresno County Department of Public Health releases and discharges The Regents of the University of California from all further claims and obligations upon payment hereof.” If the final invoice cannot be submitted within the 90‐day period, Recipient shall notify UCSF Financial Contact in writing within the 90‐day period, indicating the reason for the delay; otherwise, funds shall not be available to Recipient. Final payment will be made only upon receipt of a technical report and a report of expenditures for the budget period as provided in this Agreement. Funds not expended during this term or timely invoiced will revert to UCSF. The closeout of this Agreement does not affect the right of UCSF to disallow costs and recover funds on the basis of a later audit or other review. ARTICLE V. RECORDS AND AUDITS Recipient shall maintain accurate records of all costs incurred in the performance of this work and agrees to allow representatives of UCSF reasonable access to its records to verify the validity of expenses reimbursed under this Agreement. Recipient shall maintain financial records, supporting documents and other records pertaining to this Agreement for a period of four (4) years from the termination date of this Agreement, date of final payment of expenditures or receipt of final financial report of this Agreement, whichever occurs later. Notwithstanding the foregoing sentence, CA-0146461 UCSF PI: Quin Hussey any records pertaining to audit, appeals, litigation or settlement of claims arising out of performance of this Agreement shall be retained until such audits, appeals, litigation or claims have been disposed of. All research records, including but not limited to original data and primary data‐yielding materials, secondarily derived tables and figures, and statistical tabulations and other summaries, pertinent to this Agreement, shall be made available to UCSF upon its request and shall be retained by Recipient for a period of four (4) years from the termination date of this Agreement, except that records pertaining to any allegation of scientific misconduct or investigation, appeal, administrative proceeding or litigation relating to any charge arising out of the scientific performance of this Agreement shall be retained until four (4) years after the conclusion of the allegation, investigation, appeal, administrative proceeding, or litigation pertaining thereto. In the event that any payment made to Recipient is determined on the basis of an audit to be unallowable, Recipient shall promptly refund the unallowable amount to UCSF upon demand. ARTICLE VI. PROJECT MANAGEMENT For Technical Matters: Recipient’s Program Lead, MCAH Director, is responsible for project oversight. No substitution may be made of Recipient’s Program Lead without prior written approval of UCSF. For Business Matters: Whenever any notice of approval is to be given hereunder, it will be in writing and sent to the following named person at the address shown below: For UCSF: Senior Associate Director, Contracts and Awards University of California, San Francisco Office of Sponsored Research 3333 California Street, Suite 315 San Francisco, CA 94143 Email: CGAwardTeam@ucsf.edu For Recipient: Name: County of Fresno Director, Department of Public Health Address: P.O. Box 11867 Email: DPHContracts@fresnocountyca.gov Phone: (559) 600‐3200 ARTICLE VII. WORK INVOLVING HUMAN OR VERTEBRATE ANIMALS Recipient agrees that any non‐exempt human and/or vertebrate animal research protocol conducted under this agreement shall be reviewed and approved by its Institutional Review Board CA-0146461 UCSF PI: Quin Hussey (IRB) and/or its Institutional Animal Care and Use Committee (IACUC), as applicable and that it will maintain current and duly approved research protocols for all periods of the agreement involving human and/or vertebrate animal research. Recipient certifies that its IRB and/or IACUC are in full compliance with applicable state and federal laws and regulations. The Recipient certifies that any submitted IRB/IACUC approval represents a valid, approved protocol that is entirely consistent with the project associated with this agreement. In no event shall Recipient invoice or be reimbursed for any human or vertebrate animals related expenses incurred in a period where any applicable IRB/IACUC approval is not properly in place. ARTICLE VIII. REPORTS Technical Reporting: Recipient shall furnish to UCSF any technical or performance reports and assistance reasonably requested by UCSF’s Program Director listed below and as specified in the table of Deliverables in Exhibit A. All technical reports shall be written and be sent to UCSF Project Director at: Quin Hussey Email: Quin.Hussey@ucsf.edu And Alexis Cobbins Email: Alexis.Cobbins@ucsf.edu Financial Reporting: Recipient shall furnish to UCSF any financial reports and assistance reasonably requested by UCSF’s Financial Contact listed in Article IV. Should the term of this award exceed twelve (12) calendar months, annual interim financial reports for each budget period of the grant are due no later than the close of the period for which such reports are made. The final financial report shall be due no later than ninety (90) days after the expiration of this Agreement. All financial reports shall show actual expenditures reported as of the date the report against the approved line item budget, and shall be sent to UCSF’s Financial Contact named in Article IV. ARTICLE IX. COPYRIGHT Recipient may assert copyright on materials that it produces in the performance of the work of this Agreement. Recipient shall grant to UCSF a non‐transferable, irrevocable, royalty‐free, non‐exclusive license to use, reproduce, publish or re‐publish, or otherwise disseminate such copyrighted materials first developed and delivered under this Agreement for non‐commercial, academic, or educational purposes. ARTICLE X. PUBLICITY CA-0146461 UCSF PI: Quin Hussey The parties agree that neither will use the name or logo of the other party or its employees in any advertisement, press release or publicity with reference to this Agreement or any product or service resulting from this Agreement, without prior written approval of the other party. Recipient agrees and understands that California Education Code Section 92000 provides that the name “University of California” is the property of the State of California and that no person shall use that name without permission of The Regents of the University of California. Such permission may be granted by the Chancellor or his designee, and UCSF hereby grants permission to Recipient to use UCSF’s name for the purposes described in the preceding sentence. Recipient shall be able to disclose the identity of the parties, the existence of the agreement, and the nature and scope of the research in accordance with its institutional policies. ARTICLE XI. SUBCONTRACTING AND ASSIGNMENT Recipient shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted, nor shall this Agreement be assigned, without the prior written authorization of UCSF. Nothing contained in this Agreement shall create any contractual or agency relationship between a lower tier Recipient or assignee, and UCSF. ARTICLE XII. SUSPENSION/TERMINATION Either party may terminate this Agreement upon thirty (30) days advance written notice to the other party. In the event of such termination, Recipient shall take all reasonable steps to minimize further costs, and shall be entitled to reimbursement for allowable and proper budgeted costs and non‐ cancellable obligations incurred prior to the effective date of termination, except in no event shall such reimbursement exceed the amount set forth in Article III, Consideration. Within fifteen (15) days after termination, Recipient shall submit a final invoice to UCSF. The balance owed to Recipient will be paid upon receipt of all final reports. In the event of termination prior to the end date, Recipient agrees to deliver such information and items which, if this Agreement had been completed, would have been required to be furnished to UCSF as per the Statement of Work and this Agreement. ARTICLE XIII. DISPUTES Any dispute arising under this Agreement which is not settled by this agreement may be settled by mediation, non‐binding arbitration, or other appropriate legal proceedings. Pending any decision, appeal or judgment in such proceedings, or the settlement of any dispute arising under this Agreement, Recipient shall proceed diligently with any work not in dispute. ARTICLE XIV. INDEMNIFICATION Recipient shall defend, indemnify and hold UCSF, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorney’s fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Recipient, its officers, employees or agents. CA-0146461 UCSF PI: Quin Hussey ARTICLE XV. INSURANCE Recipient shall maintain at its expense, during the period of this Agreement, insurance or an equivalent form of self‐insurance acceptable to UCSF in terms as follows: 1.Commercial Form General Liability (contractual liability included) with limits as follows: Each Occurrence $1,000,000 Products, Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 General Aggregate $2,000,000 If the above insurance is written on a claims‐made form, it shall continue for three (3) years following termination of this Agreement. The insurance shall have a retroactive date of placement prior to or coinciding with the effective date of this Agreement. 2.Business Automobile Liability (Minimum Limits) for owned, scheduled, non‐owned or hired automobiles with combined single limit of not less than $1,000,000 per occurrence. 3.Workers’ Compensation Coverage per statutory limits 4.The coverages referred to shall include The Regents of the University of California as an additional insured. Such a provision shall apply only in proportion to and to the extent of the negligent acts or omissions of the Recipient, its officers, employees, and agents. Recipient upon the execution of this Agreement shall furnish UCSF with certificates of insurance evidencing compliance with all requirements. Certificates shall further provide for thirty (30) days (10 days for non‐payment of premium) advance written notice to UCSF of any material modification, change, or cancellation of the above insurance coverages. 5.Certificates shall be issued in the name of The Regents of the University of California and include the Agreement No. in the Remarks section of the Accord Certificate and be mailed to the UCSF’s Business Representative named in this Agreement. ARTICLE XVI. INDEPENDENT CONTRACTOR Recipient and its employees, consultants, agents, or independent contractors will perform all services under this Agreement as independent contractors. Nothing in this Agreement will be deemed to create an employer‐employee or principal‐agent relationship between UCSF and Recipient’s employees, consultants, agents, or independent contractors. Recipient and its employees, consultants, agents and lower tier Recipients will not, by virtue of any services provided under this Agreement, be entitled to participate, as an employee or otherwise, in or under any employee benefit plan of UCSF or any other employment right or benefit available to or enjoyed by employees of UCSF. ARTICLE XVII. ANTI‐TERRORISM Recipient agrees it will use the grant funds in compliance with all applicable anti-terrorist financing and asset control laws, regulations, rules and executive orders, including but not limited to, the USA Patriot Act of 2001 and Executive Order 13224. ARTICLE XVIII. CHANGES This Agreement may be modified only by written Agreement and executed by authorized representatives of both parties . ARTICLE XIX. ENTIRE AGREEMENT This Agreement, including the following Exhibits, states the entire contract between the parties in respect to the subject matter of the Agreement and supersedes any previous written or oral representations, statements, negotiations, or Agreements. Exhibit A-Recipient's Statement of Work Exhibit B -Recipient's Budget FOR: COUNTY OF FRESNO ("Recipient") By: E Name : Ernest Buddy Mendes Title: Chairman of the Board of Supervisors of the County of Fresno Date : 'ff\ (,U_U,\ ~ &~ ' ' ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of Fresno , State of Californ ia By $\.tt,.' 4 Deputy FOR: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ("UCSF") By: Name: Title : Date: CA-0146461 UCSF Pl : Quin Hussey Assistant Dir, OSR Shelby Mayoral 5/8/2020 CA-0146461 UCSF PI: Quin Hussey EXHIBIT A West Fresno Family Resource Center 1802 E. California Avenue ♦ Fresno, CA 93706 ♦ (559) 621-2967 Ph ♦ (559) 497-5480 Fax www.wfresnofrc.org ♦ EIN#: 77-0577093 August 20, 2019 Statement of Work Between West Fresno Health Care Coalition [(dba: West Family Resource Center (WFFRC)] and Fresno County Department of Public Health West Fresno Family Resource Center (WFFRC) along with committed agency partners ‐‐ Co‐lead, Fresno County Department of Public Health; University of California San Francisco Preterm Birth Initiative; March of Dimes; First 5 Fresno County; and Fresno Economic Opportunities Commission ‐‐ were selected by The National Organization of Urban Maternal and Child Health Leaders (Urban MCH) to be part of Cohort 4 Best Babies Zone. Specifically focus on four census tracts with the highest African American infant mortality rates (2, 7, 9.02 and 10) in the 93706 zip code in Southwest Fresno, Fresno GROWS BBZ will be led by an African American Leadership team that will build a movement of activated citizens committed to making Southwest Fresno a thriving and healthy community for all families. Establishing a Best Babies Zone in Southwest Fresno offers the opportunity to join a learning collaborative of multiple zones that have successfully pursued several strategies such as community markets to share lessons learned and inform the implementation of innovative strategies locally. This effort aims to also strengthen the community’s data collection surrounding pre‐term births across the 93706‐zip code. The Fresno GROWS project will advance the following planning objectives: 1.Conduct start‐up activities including: hiring Zone‐dedicated staff (Program Manager), convening monthly Partners table meetings, generating MOUs and communications plans to support Zone activities; 2.Develop a community engagement implementation strategy; 3.Host three Fresno GROWS community wisdom gatherings at the WFFRC to determine Zone activity priorities using a mixed methods approach; 4.Host a voter engagement activity to support building social capital; 5.Launch a pilot of the first community‐generated intervention (e.g., a community swap‐meet, market, etc.). TASKS: As a co‐lead, West Fresno Family Resource Center will be responsible for: Hiring and hosting dedicated staff, including Program Manager responsible for: day to day management of Fresno GROWS activities; development and monitoring of budgets, workplans and contracts for Fresno GROWS; serving as a key point person for Fresno GROWS in Southwest Fresno and with Key Partners; supporting and implementing development of Fresno GROWS community development activities and convenings. Serving as key leader for the community based backbone; Facilitating Fresno GROWS process among the team members; Recruiting residents and engaging them in determining Fresno GROWS priorities; Hosting three Fresno GROWS community wisdom gatherings at WFFRC; Assisting in guiding the vision and strategy for Fresno GROWS; CA-0146461 UCSF PI: Quin Hussey Leading in development and implementation of expanded programming based on community input; Committing to travel to events and participate in scheduled calls, learning sessions and evaluation activities. CA-0146461 UCSF PI: Quin Hussey EXHIBIT B 1 Agency Name:Contract Term: 2 Project Name:Contract Number: 3 4 5 6 7 Title FTE Amount Title FTE Amount Title FTE Amount Title FTE Amount Title FTE Amount 8 - Program Manager 0.67 46,900 Program Manager 0.33 23,100 - - 9 - Administrative Assistant 0.25 7,500 Administrative Assistant 0.12 3,600 - - 10 - Community Health Worker - Community Health Worker - - - 11 - - - - - 12 - - - - - 13 - - - - - 14 - - - - - 15 - - 0.92 54,400 0.45 26,700 - - - - 16 B. Benefits 25% 17 C. Taxes 9% 18 19 20 21 22 23 24 25 26 27 28 29 33 34 35 36 37 38 39 40 41 43 44 50 51 52 53 A. Indirect Rate 10.00% 54 55 - - - Narrative/Justification for Materials and Supplies Narrative/Justification – - - Overhead costs Overhead costs Overhead costs Program Totals 43,450 90,652 37,407 Stipends for West Fresno Parent Advisory Council meetings $10/person x 20 parents x 2meetings/month x 12 months =$4,800. Food for meetings $150 per meeting x 12 month $1,800. Promotional Items $400. Narrative/Justification – Total Proposed Budget 47,795 99,718 41,147 - Narrative/Justification – - Instructional Information In the Narrative/Justification box explain these costs, how they will support/benefit the program, and how the percentage was determined. 4,345 9,065 3,741 - VI. Indirect (= Program Totals - Equipment x Percentage of Indirect) Subtotal 25,000 10,000 - - Sub-contract with Local Champian - Dr. Venise Curry $5,000 to conveine and activate large groups of community members, serve as key thought partner with co-leads and Program Manager on the development strategic planning for Fresno GROWS assuring all Fresno GROWS projects address SDOH and birth equity issues; serve as a key spokesperson for Fresno GROWS in the zone. $20,000 for the development of a community engagement implementation strategy (contingent on F5 Commission approval) Sub-contract with Local Champion - Dr. Venise Curry $5,000 to conveine and activate large groups of community members, serve as key thought partner with co-leads and Program Manager on the development of strategic planning for Fresno GROWS assuring all Fresno GROWS projects address SDOH and birth equity issues; serve as a key spokesperson for Fresno GROWS in the zone. $5,000 for the development of a community engagement Narrative/Justification – Narrative/Justification – Narrative/Justification for Materials and Supplies IV. Professional Services (Contracts, MOU's, Sub agreements, etc.) Instructional Information In the Narrative/Justification box provide a detailed explanation of all professional services considered on this line item and how they are to support the program or staff (include calculations where applicable). Any services exceeding $5,000 must have attached a narrative delineating services. Subtotal 8,450 3,450 985 - Narrative/Justification – Provide the number of participants, cost per item, a description of the item, and justification for all expenses that support the clients of the program. Wisdom Gatherings (3 gatherings with approx. 25 residents each) Food for gatherings $250 per gathering is $750, Stipends for residents at $20 each x 25 residents x 3 gatherings is $1,500, Child Care Provider stipend at $15/hour x 4 hours x 2 providers x 3 gatherings is $360, Child Care supplies & food at $125 per gathering is $375. Promotional Items $1,450. C. Training/Travel 4,000 1,307 644 - III. Program Expenses Instructional Information In the Narrative/Justification box provide a detailed explanation of all program expenses considered on this line item and how they are to support the program participants (include calculations where applicable). A. Materials and Supplies 8,450 3,450 985 - Narrative/Justification – Explain these costs and how they apply to the program, then state methodology (name of local conferences & trainings) for these costs and provide the calculation Mileage, Lodging, and Transportation costs for Program Manager, Admin. Assistant and Community Champion to attend site visits and conferences Operating Expenses Subtotal 10,000 4,307 644 - - Mileage, Lodging, and Transportation costs for Program Manager, Admin. Assistant and Community Champion to attend site visits and conferences B. Operational/Supplies 6,000 3,000 - - Narrative/Justification – Explain these costs and how they apply to the program, then state methodology (materials, services, leases) for these costs and provide the calculation Printer lease $500 x 12 months= $6,000. Printing expenses for outreach materials (flyers, etc.) Computer for Program Manager and Admin. Assistant $3000 - Narrative/Justification – Explain these costs and how they apply to the program, then state methodology (FTE, Square Footage, etc) for these costs and provide the calculation Justification of Benefits and Taxes: II. Operating Expenses - Personnel Subtotal - 72,896 35,778 - A. Facilities Costs - - - - - I. Personnel The "Amount" should be: Annual Salary X the FTE whenever possible. 1 FTE = 40 hours / week A. Total Salaries & FTE - 13,600 6,675 - - 4,896 2,403 - - - D Proposed Budget First 5 Amounts UCSF- PTBi CA Fresno County Department of Public Health March of Dimes West Fresno Family Resource Center Best Babies Zone ABC West Fresno Family Resource Center Funding Reimbursement Agreement between the Regents of the University of California, and County of Fresno Agreement Name: The Regents of the University of California Agreement No. UFRA - 178 Fund/Subclass: 0001/10000 Organization #: 56201706 Revenue Account #: 3530