Oct 30, 2009 ... number assigned to this Agreement. The audit report shall be due within 30 days
after the completion of the aud it. The LHD/HPP Entity.
ALAMEDA COUNTY
HEALTH CARE SERVICES AGENCY
AGENDA_ _November 10,2009
ALEX BRISCOE, Acting Director
AGENCY ADMfN. & FfNANCE
October 30, 2009
1000 San Leandro Blvd, Suite 300 San Leandro, CA 94577 Tel: (510) 618-3452 Fax: (510) 351-1367
The Honorable Board of Supervisors County Administration Building 1221 Oak Street Oakland, CA 94612 Dear Board Members:
SUBJECT:
Acceptance of Public Health Emergency Preparedness Comprehensive Grant Agreement from California Department of Public Health, and Budget Adjustments for Alameda County Public Health Department, Bioterrorism Preparedness Program
RECOMMENDATION: 1. Accept the Public Health Emergency Preparedness Comprehensive Grant Agreement No. EPO 09-01 between the California Department of Public Health (CDPH) and Alameda County Public Health Department (PHD) in the amount of $3,462,891 for the period of July 1, 2009 through August 9, 2010 for the Center for Disease Control (CDC) Base Allocation, Cities Readiness Initiative, Hospital Preparedness Program (HPP) Allocation, State Grant Fund (GF) Pandemic Influenza Allocation, and 2009-2010 HIN1 Supplemental Allocations; 2. Accept the CDC HINI Phase III Supplemental fund from the California Department of Public Health (CDPH) in the amount of $2,207,584 for the period of July 31, 2009 through July 30, 2010; 3. Authorize the Auditor-Controller to make appropriation and revenue adjustments as outlined in the Financial Recommendations; 4. Approve deletion of 6 pay units for two Health Services Trainees respectively, 12 pay units for one Program Specialist, and addition of 1,449 hours for one Health Service Consultant; 5. Delegate to PHD Acting Director or her designee the authority to finalize and execute the Grant Agreement; 6. Authorize the President to sign in original signature six (6) copies of the Non-Supplantation Certification form; 7. Approve an amendment to Master Contract #900]48, Procurement #PHSVC4745 with Alameda Health Consortium, AHC (Principal: Ralph Silber, Location: Alameda, CA), in the
The Honorable Board of Supervisors Page 2 of3 amount of $54,230 for the period August 9, 2009 through June 30, 20 I 0 to fund emergency preparedness trainings, drills, and exercises; 8. Approve an amendment to Master Contract #900077, Procurement #PHSV4744 with Alameda County Medical Center, ACMC (Principal: Wright Lassiter, Location: Oakland, CA), in the amount of $54,230 for the period August 9, 2009 through June 30, 20 I0 to improve its ability to react to bioterrorism and other emergency situations; 9. Approve an amendment to Master Contract #900609, Procurement #PHSVC4743 with (Principal: Christine Siador, Associate University of California Berkeley Extension, Director, Location: Berkeley, CA), in the amount of $75,000 for the period July 3], 2009 through July 30, 2010 to participate in the evaluation of emergency tabletop exercises and develop plans to strengthen Alameda County health care system surge capacity and operation of Government-Authorized Alternate Care Sites (ACS) ; 10. Approve and authorize the Auditor-ControUer to pay $180,000 via Direct Claim in t l o thirteen (13) hospitals and ten (10) clinics to fund emergency response training, drills, and exercises as indicated in attachment A; and 11. Authorize pay unit adjustments per attachment B.
SUMMARYIDISCUSSIONfFINDINGS: The Public Health Department has received a funding agreement for $3,462,891 from CDPH. It includes CDC HINI Phase I and Phase II, HPP allocation, and HPP HIN1. There is also $2,207,584 for CDC HI N I Phase III supplemental grant. Therefore, the total funding is $5,670,475, resulting in an increase of $3,323,852 in the Bioterrorism Preparedness Program and Hospital Preparedness Program in FY 2009-10. This funding will be used to enhance the Public Health Department's ability to accurately and rapidly detect, convol, and prevent iBn SS' d 1 injury resulting from biological terrorism and infectious disease outbreaks. Specifi funding will enhance:
n.
• preparedness planning and readiness assessment; • surveillance and epidemiology capacity; • the health alert network and information technology; • communication of health risks and health information dissemination; • education and training; and • HINI vaccination, antiviral distribution and administration. The CDC and HPP allocation funds will strengthen the Public Health Department's ability to respond to repeated waves of pandemic influenza. CDC provided funds to support and enhance public health infrastructure critical to public health preparedness and response, including strengthening and sustaining the public health workforce, increasing laboratory capacity, strengthening disease surveillance, planning and implementing large scale mass vaccination,
The Honorable Board of Supervisors Page 3 of3 developing effective public and risk communication guidance, developing effective community mitigation strategies, and protecting the public health workforce. In addition, the H1Nl fund allocation will improve the health care system's ability to develop and implement activities in preparation for an HI N I pandemic influenza event. This HI N 1 fund will support and enhance public health infrastructure critical to public health preparedness and response, including strengthening and sustaining the public health workforce, increasing laboratory capacity, strengthening disease surveillance, plarming, and implementing large scale mass vaccination, developing effective public and risk communication guidance, developing effective community mitigation strategies, and protecting the public health workforce.
FINANCING: The funding for this agreement is included in the Bioterrorism Preparedness and Hospital Preparedness Programs FY 2009-10 adjusted budgets. However, budgetary adjustments are required to align the County budget to the increased funding because of FY 09-10 allocation reduction and HINI supplemental funding from California Department of Public Heath. Also, pay unit adjustments are necessary to al ign the adopted budget due to decreased FY09-10 allocation funding. There is no impact on net County costs.
Very truly yours,
~::c~or Health Care Services Agency
AB:jg
cc: Auditor-Controller
County Counsel
ATTACHMENT A
Hospital Preparedness Program Year 8 Board Agenda Date: 11/17/09 Amount 10,000 . 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 130,000
Amount 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 50,000
ATTACHMENT B Bio-Terroism Preparedness 350900 Board Agenda Date: 11117/09
Dept# 350900 350900 350900 350900
Position#
310403 310358 400045 310004
Item#
305 7879 7879 5797N
Classificatio n Program Specialist Health Services Trainee Health Services Trainee Health Servc Consultant
FY09-10 PU -12 -6 -6 1449 hrs
FY10-11 PU -12 -6 -6 1449 hrs
Control# 10-00733 10-00734 10-00735 10-00737
AGENDA DATE:
FINANCIAL RECOMMENDATION
11/10/2009
Subject ofBollrd Letter: Acceptance of Public Health Emergency Preparedness Comprehensive Grant Agreement from Celifomia Department of Public Health and Budgel Adjustments for Alameda County Public Heelth Department
BY:
2010
FUND:
22405
The use of Designations, as follows:
The increase (decrease) in anticipated revenue, as follows:
350900 350900
00000 00000 ORGTOTAL $
3,214,644 109,208 3,323,852
GRAND TOTAL ANTICIPATED REVENUE $
3,323,852
======~~~
The increase (decrease) in appropriations, as follows:
•
fnJormo{jonni .~
350900 350900 350900
~'.' - ~~""";."
600000 610000 650031
~'t
,'~
"4
00000
~~
ORGTOTAL $
1,006,173 1,339,605 78,074 3,323,852
GRAND TOTAL APPROPRIATION $
3,323,852
00000 00000
======='=~~
County of Alameda 2009-10 Agreement No. EPG 09-01 EXHIBIT E . NON-SUPPLANTATION CERTIFiCATION FORM .J;.
2009-10 CDC Public Health Emergency Preparedness (PHEP), State General Fund
(GF) Pandemic Influenza, HHS HospitalPrepan!dness Program (HPP), ODC Public
Health Emergency Response (PHER) Phase I and II, HPP H1 N1
Fiscal Year 2009-2010
Alameda/Oakland, County of Alameda (County/City and Name of Local Health Department and/or Local HPP Entity) I hereby certify that the above-named local health department (LHD) and/or Local HPP Entity shall not use funds allocated by the California Department of Public Health (CDPH) to supplant funding for existing levels of service and that funds shall only be used for the purposes specified in the Fiscal Year (FY) 2009-2010 CDC Public Health Emergency Preparedness (PHEP), State General Fund (GF) Pandemic Influenza, HHS Hospital Preparedness Program (HPP), CDC Public Health Emergency Response (PHER) Phase I and II, HPP H1 N1 Funding Agreement as approved by the CDPH. I further certify that funds received shall be deposited in an interest-bearing Local Public Health Preparedness Trust Fund as per the Health and Safety Code 101317 and expended only for the purposes stated in the LHDs and/or Local HPP Entity's Grant Application Work Plan and Budget, as approved by the CDPH .
. Chairperson, Board of Supervisors, Mayor of a City or designee: Signature: Printed Name: Title:
I
Phone:
Alice Lai-Bitker
President
510-272-6693
I I
, Date:
Please return the original signed certification with your FY 2009-2010 CDC PHEP, State GF Pandemic Influenza, HPP, CDC PHER Phase I and II, HPP H1N1 Funding Agreement Funding Agreement to: California Department Public Health Emergency Preparedness Office Attn: Local Management Unit MS 7002 P.O. Box 997377 Sacramento, CA 95899-7377
Approved os to Form RfCHARO' E~. WINNIE, . \ County Counsel
BYOft(ltkJ
~--......;;;~ _ _
State of California-Health and Human Services Agency
California Department of Public Health MARK B HORTON, MD, MSPH Director
ARNOLD SCHWARZENEGGER Governor
Agreement to Allocate Centers for Disease Control and Prevention,
Public Health Emergency Response (PHER) Phase III Funds
On April 28, 2009, Governor Schwarzenegger issued a Proclamation of Emergency which included orders requiring CDPH to take all necessary actions to respond to H1 N1 outbreak. This order was reissued on October 5,2009. The Governor ordered that the California Department of Public Health (CDPH) enter into such contracts as it deems appropriate to provide services, material, personnel and equipment to supplement the extraordinary preventive measures implemented by Local Health Departments (LHD). Based on the imminent need to plan and prepare for an escalation of H1 N1 and the administration of vaccinations to large segments of the California population, this contract letter serves as a mechanism for expeditious release of federal Public Health Emergency Response (PHER) Phase III H1 N1 supplemental funds to LHDs to plan, prepare for, and respond to an H1 N1 Influenza pandemic. By signing this agreement and accepting these funds, each LHD agrees to spend funds according to federal and State requirements and commits to submitting a workplan and budget for the funding stream included under this agreement. Once this signed agreement is received, CDPH will issue the first 25% of the federal (PHER) Phase III H1N 1 supplemental funds. LHDs are required to use PHER Phase III funds to address gaps in capabilities for the H1N 1 mass vaccination program and to support activities related to implementation of the mass vaccination program. Specifically, PHER Phase III funds shall support vaccine administration by the LHD and Tribal entities as well as enhancing the capabilities of the private sector to administer vaccine. LHDs are encouraged to assess mass vaccination readiness through review of after action reports (AARs) of previous exercises/real events and identification of preparedness gaps by using the CDC Gap Analysis Tool included in the 2009-10 Application Guidance (Attachment 18). 2009-10 Local Guidance for CDC Public Health Emergency Response Funds - PHER Phases I and II (Section Five in the Local Guidance Narrative) references vaccine campaign activities, including recruitment and preparation of vaccinators, administration of vaccine, tracking and reporting of administered vaccine, and communications with internal and external partners. CDPH will also issue Local Guidance specific to PHER
Emergency Preparedness Office, MS 7002, P.O. Box 997377, Sacramento, CA 95899-7377
Fax (916) 650-6420
(916) 650~416 Internet Address: www.cdph.ca.gov
CDC PHER Phase III H1 N1 Supplemental Funds - Expedited Payment Agreement Page 2 October 14, 2009 Phase III that describes the formal process and timeline for LHD submission and subsequent review and approval of the workplan and budget by CDPH. This agreement incorporates by reference the following federal and State guidance documents: • Centers for Disease Control and Prevention (CDC), Public Health and Social Services Emergency Fund, PHER Phase III, Funding for the Implementation of the Pandemic (H1 N1) 2009 Influenza Vaccination Campaign. PHER Phase III is intended to supplement PHER Phase I which provides guidance and funds for vaccination planning, laboratory testing, epidemiology, surveillance, and other associated pandemic preparedness and response activities, and PHER Phase II which provides guidance and funding to further accelerate mass vacci nation planning for a vaccination campaign for H1N1 influenza in the fall of 2009. • CDPH Novel H1 N1 Mass Vaccination Operational Plan (September 2009) • The Local Allocation table for Phase III funding stream (See attachment). LHDs are required to submit their mass vaccination plan to CDPH and adhere to State and federal reporting requirements. CDPH expects that a portion of the funds will be used to fund temporary personnel costs, including LHD staff costs, associated with mass vaccination, contracting with vaccinators to vaccinate on behalf of public health agencies, and other models for funding temporary mass vaccination personnel. Other recommended activities include the following: • Planning for large-scale mass vaccination campaign o Administering vaccine at public health-organized clinics or other venues and point-of-dispensing (POD) sites organized on behalf of LHDs o Maintaining cold-chain storage capacity where needed o Develop and implement plans to immunize healthcare workers to minimize absenteeism and maximize the healthcare workforce available to manage the surge resulting from a pandemic influenza event • Communications to the public o Implementing communication strategies, in coordination with CDPH, to reach the public, especially those priority groups identified in the Advisory Committee on Immunization Practices (ACIP) recommendations. with an emphasis on the importance of receiving H1 N1 vaccination as a priority community mitigation strategy These recommendations may be found at: http://www.cdc.qov/mmwr/preview/mmwrhtml/rr5810a1.htm
CDC PHER Phase III H1N1 Supplemental Funds - Expedited Payment Agreement Page 3 October 14, 2009 o Identifying medically vulnerable populations and providing access to vaccinations through mobile vaccination teams, home-based vaccination, institutional vaccination, outreach teams, or other similar means o Collaborating with medical providers, media and the public to ensure that
target groups for vaccination participate in the vaccination program o Providing the public with vaccine administration site addresses • Tracking of administered vaccine o Monitor and comply with federal requirements to track doses for the recordi of aggregate and individual-level information on doses of novel influenza vaccine Required Signatures:
Local Health Department
Organization
Address
Authorized Representative of LHD (print name)
Signature Date - - - - - - - - California Department of Public Health Elisabeth H. Lyman Deputy Director Public Health Emergency Preparedness
Signature
Date
State of Califomi&-Health and Human Services Agency
California Department of Public Health ARHOLD'SCHWARZENEGGER
MARK BHORTON, MO, MSPH Ditedor
G(MImor
October 14, 2009
Dear Local Health Department Colleague; The purpose of this letter is to provide an e)(p,e:dited process for LHDs to request 25% of their allocation of federal PHER Phase m H1 N1 Supplemental Funds. On April 28, 2009, the Governor issued a Proelamation of Emergency Which included orders requiring' COPH to take all necessary actions to respond to H1 Nt 9utbreak. This order was reissued on October 5, 2009, The Governorbrdered that the California Department of Public Health (CDj')H) enter into such contracts as it deems ~pproprfate to proVide servfces, material. pers'onneland equipment to supplernentthe extr~()rdinary preventive measures implementeQ by Local Health Departments. Based on'the imminent need to plan and prepare for an escalation of H1N1 and the administration of vaccinations to large segments of the Oamomia population, this contract letter serves' as a mechanism for expeditious release of federal Public Health Emergency Rasp'onse (PHER) Phase In H1 N1 supplemental fund$ to Local Health Departments (LHD) to plan, prepare for, and respond to an H1N1 Influenza pandemic. Federal H1 N1 Supplemental Funds that are included in thls expedited release plan are: • Centers for Disease Control and Prevention (CDC), Public Health Emergency Response (PHER) Phase III LHDs that sign the enclosed Jetter agree to spend funds in accordance with the 2009-1'0 local Guidance and to follow the timeline for s~bmjssion of workplans and budgets for each funding stream. A formal agreement will be drafted when workplans and bUdgets have been submitted and approved. . CDPH is working to finalize a PHER Phase III Local Guidance by October 21,2009. LHDs that want to participate in this, process ,to expedite the release of f~dera I H1N1 Supplemental Funds should return the signed agreement to CDPH as soon as possible but no later than October 30,2009. Once the signed agreement is received, CDPH wili issue payment 'Of the initial 25% of each applicab'fe fUNding stream. Attachment A of the agreement includes local allocations for PHER Phase 1I1.
Emergency Preparedrless Office, MS 7002, P.O. Box 997377, Sacramento, CA (916) 650~16 Fax (916) 65()..6420
Internet Address: ~dph,gl,gov
958~7377
LH Ds/Local HPP Entities Advanced Payment Mechanism Page 2 October 14, 2009 LHDs that do not partidpale in this expedited release p~an for H1N1 will receive their full allocation through th~ usual C9mprehensive 2009-10 Local Guidance proce&s. Please contact your Regional Project :Officer if you have any questions regarding this agreement
Sincerely,
.'
~ :,,--"---4.
.
lit 1""\1 ~~-,-
Elisabeth H. Lyman, Deputy Director Public Health Emergency Preparedness~ Enclosure
Attach
26
County of AIR ..da ) -10 Agreement No. J 01 2009·10 CDC Public Health Emergency Preparedness (PHEP), State General Fund Pandemic Influenza, HHS Hospital Preparedness Program (HPP), CDC Public Heal Emergency Response (PHER) Phase I and II, HPP H1N1 Funding AGREEMENT
1.
This Agreement is entered into between the California Department of Public H after referred to as "CDPH" and the County of Alameda, herein after referred t and/or "Local HPP Entity".
2.
The term of this Agreement is:
in
• August 10, 2009 through August 9,2010 (Centers for Disease Control an~ [CDC]) • August 9, 2009 through June 30, 2010 (Hospital Preparedness Program. • July 1, 2009 through June 30, 2010 (State GF Pandemic Influenza) • July 31,2009 through July 30, 2010 (CDC Public Health Emergency Respon H1N1) Phase I Focus Area 1 and Focus Area 2 • July 31, 2009 through July 30, 2010 (HPP H1 N1)
3.
The maximum amount payable under this Agreement is $3,462,891, and is allo follows: • $1,098,004, CDC Base Allocation. (8/10/09 - 8/9/10) • $0, Laboratory Allocation. (8/10/09 - 8/9/1 0) • $0, Laboratory Trainee Stipends. (8/10/09 - 8/9/10) • $0, Laboratory Training Assistance Grant. (8/10/09 - 8/9/10) • $401,851, Cities Readiness Initiative Funds. (8/10/09 - 8/9/10) • $604,912, HPP Allocation. (8/9/09 - 6/30/10) • $109,208, State GF Pandemic Influenza Allocation. (7/1/09 - 6/30/10) • $462,347, CDC PHER H1 N1 Phase I Focus Area 1 Allocation. (7/31/09 • $155,847, CDC PHER H1 N1 Phase I Focus Area 2 Allocation. (7/31/09 • $373,429, CDC PHER H1 N1 Phase II Allocation. (7/31/09 - 7/30/10) • $257,293, HPP H1 N1 Allocation. (7/31/09 - 7/30/10)
4.
The parties agree to comply with the terms and conditions of the following exhibit , are by this reference made a part of this Agreement. Exhibit A
Scope of Work
03 Pages
Exhibit B
Budget Detail and Budget Provisions
05 Pages
Exhibit B, Attachment 1, Criteria for Payments
01 Page
Exhibit C
03 Pages
Additional Provisions
Exhibit D(F)
Special Terms and Conditions (Federal)
26 Pages
Notwithstanding provisions 3, 4, 6, 12, 13, 17,22,23,27, and 30 which do not apply to this Agreement.
Exhibit E - Non-Supplantation Certification Form Page 1 of 2
01 Page
s
t 26 l,reda 19-10 P I 9-01 4
Agreement No. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONRACTOR'S NAME
County of Alameda BY (Authorized Signature)
DATE SIGNED (Do not type -signor must date)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
STATE OF CALIFORNIA AGENCY NAME
California Department of Public Health BY (Authorized Signature)
DATE SIGNED
ADDRESS
1615 Capitol Avenue, MS 7002, P.O. Box 997377, Sacramento, CA 95899-7377
Page 2 of 2
j
County of Alameda 2009-10 Agreement No. EPO 09-01 EXHIBIT A 2009 10 CDC Public Health Emergency Preparedness (PHEP), State General Fund (GF) Pandemic Influenza, HHS Hospital Preparedness Program (HPP), CDC
Public Health Emergency Response (PHER) Phase I and II, HPP H1N1 Funding
Scope of Wo rk
M
1.
Service Overview
This Agreement is entered into between the California Department of Public Health, hereinafter referred to as "CDPH" and the County of Alameda, hereinafter referred to as the "LHD" and/or "Local HPP Entity". LHD or Local HPP Entity agrees to provide to CDPH the services described herein. Activities must be in accordance with the Centers for Disease Control and Prevention (CDC) and Hospital Preparedness Program (HPP) 2009-10 Program Guidance, State General Fund (GF) Pandemic Influenza, Public Health Emergency Preparedness Comprehensive Agreement Application 2009-10, Plan and Budget. 2.
Service Location
The services shall be performed at applicable facilities in the County of Alameda. 3.
Service Hours
The services shall be provided during normal LHD and/or Local HPP Entity working hours and days, as well as other hours and days the LHD deems appropriate. 4.
Project Representatives
A. The ro"ect re resentatives durin the term of this a reement will be: Department of Public Health
EPO Project Officer
Thomas Bailey (Acting)
Telephone: (916) 650-6785
Fax: (916) 650-6420
Email: thomas.baile
County of Alameda Zerlyn Ladua Telephone: (510) 208-5962 Fax: (510) 267-3212 Email:
[email protected]
ov
B. Direct all inquiries to: Department of Public Health Emergency Preparedness Office Attention: Local Management Unit MS 7002 P.O. Box 997377 Sacramento, CA 95899-7377
Telephone: (916) 650-6416 Fax: (916) 650-6420 Page 1 of 3
County of Alameda Public Health Department 1000 Broadway, 5th Floor Oakland, CA 94607 Telephone: (510) 267-3200 Fax: (510) 268-2333
County of Alameda 2009-10 Agreement No. EPa 09-01 C. Either party may make changes to the information above by giving written notice to the other party. Said changes shall not require an amendment to this agreement.
5.
Services to be Performed LHD and/or Local HPP Entity shall perform services as outlined in accordance with the Public Health Emergelilcy Preparedness, State GF Pandemic Influenza and HHS Hospital Preparedness Cooperative Agreement Application, Work Plans, and Budgets.
6.
7.
Allowable Informal Scope of Work Changes A.
The LHD and/or L,ocal HPP Entity or CDPH may propose infonnal changes or revisions to the activities, tasks, deJiverables and/or performance time frames specified in the Scope of Work (SOW), provided such changes do not alter the overall goals and basic purpose of the agreement.
B.
Informal SOW changes may include the substitution of specified activities or tasks; the alteration or substitution of agreement deliverables and modifications to anticipated completion/target dates.
C.
Informal SOW changes processed hereunder shall not require a formal agreement amendment, provided the LHD's and/or Local HPP Entity's annual budget does not increase or decrease as a result of the informal SOW change.
D.
Unless otherwise stipulated in this agreement, all informal SOW changes and revisions are subject to prior written approval by the CDPH.
E.
In implementing this provision, CDPH will provide a format for the LHD's and/or LocalHPP Entity's use to request informal SOW changes.
Reporting Requirements A.
Semi-annual written progress reports and expenditure reports must be submitted according to the schedule shown below. The purpose of the progress reports and expenditure reports are to document activities and expenditure of funds. Start of each grant through 02/28/10 Start of each grant through end of each grant
B.
April 1, 2010 November 1, 2010
Each progress report shall include, but not be limited to, data and information required by statute and information needed to satisfy federal reporting and CDPH monitoring requirements. The reports shall be submitted in accordance with procedures and a format required by CDPH.
Page 2 of 3
County of Alameda 2009-10 Agreement No. EPO 09-01
8.
Expenditure and Program Requirements
A.
In accordance with the LHD and/or Local HPP Entity signed Certification Against Supplanting (Exhibit E), funds shall not be used to supplant funding for existing levels of services and will only be used for the purposes designated herein.
B.
In executing this Agreement, the LHD and/or Local HPP Entity assures that it will comply with the LHD and/or Local HPP Entity Comprehensive Agreement Application, Work Plans and Budget approved by CDPH.
C.
Funds made available are limited to activities approved in the Work Plans and Budgets. Any changes to the Work Plans or Budgets need prior approval from CDPH before implementing. Any contracts or subcontracts needing approval from Project Officer must be submitted prior to spending those funds.
Page 3 of 3
County of Alameda 2009-10 Agreement No. EPa 09-01
Exhibit B
2009~10 CDC Public Health Emergency Preparedness (PHEP), State General Fund (GF)
Pandemic Influenza, HHS Hospital Preparedness Program (HPP), CDC Public Health
Emergency Response (PHER) Phase I and II, HPP H1 N1 Funding
Budget Detail and Payment Provisions
1.
Payment Provisions A.
CDPH will make payments to the LHD and/or Local HPP Entity as authorized in State statute and in accordance with the annual expenditure authority granted to CDPH in the California Budget Act. Payments. shall be made in accordance with Exhibit B, Attachment 1. Payment beyond the first quarter shall be contingent upon the approval of the LHD's and/or Local HPP Entity's funding Application, Work Plan, and Budget and satisfactory progress in implementing the provisions of the Work Plan, as determined by CDPH. Final payment is contingent upon receiving acceptabl'e progress and expenditure reports submitted in accordance with timelines, formats and specifications to be provided by CDPH. Note: Both HPP and the State GF Pandemic Influenza require submission of invoice forms to be reimbursed.
B.
Reconciliation with the payments shall be through a semi-annual expenditure report and an annual reconciliation report. These reports shall be submitted in accordance with timelines, formats and specifications to be provided by CDPH. Expenditure reports and annual reconciliation report should be sent to: California Department of Public Health
Emergency Preparedness Office
Attn: Local Management Unit
MS 7002
P.O. Box 997377
Sacramento, CA 95899-7377
C.
The LHD and/or Local HPP Entity shall deposit advance federal fund payments received from CDPH into separate Trust Funds (hereafter called Federal Fund), established solely for the purposes of implementing the activities described in the LHD's and/or Local HPP Entity's approved Work Plan and Budget and Agreement before transferring or expending the funds for any of the uses allowed. CDPH requires that the LHD and/or Local HPP Entity set up separate Federal Funds for CDC and HPP funds. For 09/10, this would include CDC Funds, CDC PHER H1N1, HPP and HPP H1N1.
D.
The l-HD and/or Local HPP Entity agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the LHD and/or Local HPP Entity under this Agreement shall be deposited into the Federal Fund established solely for the purposes of implementing the activities described in the LHD's and/or Local HPP Entity's approved Work Plan and Budget and Agreement before transferring or expending the funds for any of the uses allowed. Page 1 of 4
County of Alameda 2009-10 Agreement No. EPO 09-01
2.
3.
E.
The interest earned on moneys in the Federal Fund shall accrue to the benefit of the Federal Fund and shall be expended for the same purposes as other moneys in the Federal Fund.
F.
Any refunds, rebates, credits, or other amounts in the Federal Fund shall accrue to the benefit of the Federal Fund and shall be expended for the same purposes as other moneys in the Federal Fund.
G.
Federal Fund reports will require the LHD and/or Local HPP Entity/City Auditor Controller's or other authorized signature, certifying each report's accuracy and availability of supporting documentation for the State's or the federal government's review.
Budget Contingency Clause A.
It is mutually agreed that if the Budget Act and/or other state statute of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, CDPH shall have no liability to pay any funds whatsoever to LHD and/or Local HPP Entity or to furnish any other considerations under this Agreement and LHD and/or Local HPP Entity shall not be obligated to perform any provisions of this Agreement except as to periods for which funding has been provided.
B.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, CDPH shall have the option to either cancel this Agreement with no liability occurring to CDPH, or offer an Agreement amendment to LHD and/or Local HPP Entity to reflect the reduced amount.
Amounts Payable A.
4.
The amount payable under this Agreement shall not exceed: 1. $1,098,004, CDC Base Allocation. 2. $0, Laboratory Allocation. 3. $0, Laboratory Trainee Stipends. 4. $0, Laboratory Training Assistance Grant. 5. $401,851, Cities Readiness Initiative Funds. 6. $604,912, HPP Allocation. 7. $109,208, State GF Pandemic Influenza Allocation. 8. $462,347, CDC PHER H1 N1 Phase I Focus Area 1 Allocation. 9. $155,847, CDC PHER H1 N1 Phase I Focus Area 2 Allocation. 10.$373,429, CDC PHER H1N1 Phase II Allocation. 11. $257,293, HPP H1 N1 Allocation.
Redirection of Funds
Page 2 of 4
County of Alameda 2009-10 Agreement No. EPO 09-01
5.
6.
Any redirection of funds requires prior approval by CDPH. Federal Cooperative Agreement Funds A.
It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur jf the Agreement were executed after that determination was made.
B.
The Agreement is valid and enforceable only if sufficient funds are made available to CDPH by the United States Government for the fiscal years covered by the term of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress. which may affect the provisions, terms or funding of this Agreement in any manner.
C.
It is mutually agreed that if Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.
Accountability Requirements A.
COPH may recoup funds that are not spent for allowable purposes as specified in State statute and determined by CDPH. COPH will notify the LHO and/or Local HPP Entity prior to recouping such funds.
B.
CDPH may withhold payments if the LH 0 and/or Local HPP Entity is not in compliance with the terms and conditions of this Agreement or the approved local funding Application, Work Plans and Budgets COPH may withhold payments if the LHO cannot demonstrate progress toward protecting the jurisdiction from the threat of a bioterrorist attack, infectious disease outbreak or other public health threat or emergency as described in its progress and expenditure reports. COPH may withhold or reduce payments if the LHO's and/or Local HPP Entity's expenditure reports indicate that quarterly payments remain unspent. COPH will notify local health officials prior to withholding or reducing such payments.
C.
The LHO and/or Local HPP Entity shall return unexpended funds unless carry over of such funds is approved by CDPH and CDC or the grant period is extended.
O.
The LHO and/or Local HPP Entity shall maintain the supporting documentation that substantiates all expenditure reports for a minimum of seven years.
E.
Once every three years LHOs and/or Local HPP Entities are subject to an audit by COPH. The audit will consist of the review of financial records to ensure the existence of proper documentation and the propriety of claims submitted to the State for reimbursement. Such review will include substantive testing: • To determine that recorded and reported program funds awarded are expended in accordance with terms of the grant Agreement with COP H; Page 3 of 4
County of Alameda 2009-10 Agreement No. EPO 09-01 • • •
7.
To determine that payments are for actual costs and reflect amounts billed to the State; To determine that payments are for services rendered; To determine that grant funds did not supplant existing levels of State and local funding for this program.
Unobligated Balances At any time during the term of this Agreement, CDPH may request LHDs and/or Local HPP Entity's to identify unobligated funds. The presentation of this information shall be in a manner prescribed by CDPH to include identification of unobligated funds.
8.
Terms of Agreement A.
CDC: This Agreement provides the local funding award for the CDC federal cooperative Agreement Budget period August 10, 2009 through August 9, 2010. AI! services must be rendered by and purchases encumbered by August 9, 2010, unless grant is extended. Funds allocated under this Agreement must be liquidated by October 1, 2010.
B.
State GF Pandemic Influenza: This Agreement provides the local funding award for the State GF Pandemic Influenza cooperative Agreement Budget period July 1, 2009 through June 30, 2010. All services must be rendered by and purchases encumbered by June 30,2010. Funds allocated under this Agreement must be liquidated by June 30, 2012. In order for CDPH to liquidate funds by June 30,2012, a final invoice must be received by CDPH on or before April 30,2012.
C.
HPP: This Agreement provides the local funding award for the HPP federal cooperative Agreement Budget period August 9,2009 through June 30, 2010. AI! services must be rendered by and purchases encumbered by June 30,2010, unless grant is extended. Funds allocated under this Agreement must be liquidated by August 30,2010.
D.
CDC PHER H1 N1 Phase I & Phase II: This Agreement provides the local funding award for the HPP federal cooperative Agreement Budget period July 31, 2009 through July 30, 2010. All services must be rendered by and purchases encumbered by July 30,2010, unless grant is extended. Funds allocated under this Agreement must be liquidated by September 30, 2010.
E.
HPP H1N1: This Agreement provides the local funding award for the HPP federal cooperative Agreement Budget period July 31, 2009 through July 30,2010. All services must be rendered by and purchases encumbered by July 30, 2010, unless grant is extended. Funds allocated under this Agreement must be liquidated by September 30,2010.
Page 4 of 4
County of Alameda 2009-10 Agreement No. EPO 09-01
Exhibit C 2009-10 CDC Public Health Emergency Preparedness (PHEP), State General Fund (GF) Pandemic Influenza, HHS Hospital Preparedness Program (HPP), CDC Public Health Emergency Response (PHER) Phase I and II, HPP H1N1 Funding Additional Provisions 1.
Additional Incorporated Exhibits The following documents and any subsequent updates are not attached, but are incorporated herein and made a part hereof by this reference. These documents may be updated periodically by CDPH, as required by program directives. CDPH shall provide the LHD and/or Local HPP Entity with copies of said documents and any periodic updates thereto, under separate cover. CDPH will maintain on file all documents referenced herein and any subsequent updates.
2.
A.
2009-2010 Federal Guidance Documents: • 2009-10 Centers for Disease Control and Prevention (CDC) Public Health Emergency Preparedness (PHEP) Cooperative Agreement Guidance (Includes PHER H1 N1 Phase I and Phase·II). • 2009-10 US Department of Health and Human Services Hospital Preparedness Program (HPP) (Includes HPP H1N1).
B.
CDPH Guidance to LHDs and/or Local HPP Entities for CDC PHEP, State General Fund (GF) Pandemic Influenza, HPP, CDC Public Health Emergency Response (PHER) Phase I and II and HPP H1 N1 Program Funds.
C.
LHD's and/or Local HPP Entity's Public Health Emergency Preparedness Comprehensive Agreement Application, Work Plans, and Budgets and all attachments (refer to the CDPH Guidance to LHDs and/or Local HPP Entities for all attachments).
Contract Amendments Should either party, during the term of this agreement, desire a change or amendment to the terms of this Agreement, such changes or amendments shall be proposed in writing to the other party, who will respond in writing as to whether the proposed changes/amendments are accepted or rejected. If accepted and after negotiations are concluded, the agreed upon changes shall be made through the State's official agreement amendment process. No amendment will be considered binding on either party until it is formally approved by the State.
3.
Cancellation I Termination A.
This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination Page 1 of 3
County of Alameda
2009-10 Agreement No. EPa 09-01 or cancellation and include any final performance and/or paymentii nvoicing instructions/req uirements.
4.
B.
Upon receipt of a notice of termination or cancellation from CDPH, LHD and/or Local HPP Entity shall take immediate steps to stop performance and to cancel or reduce subsequent contract costs.
C.
LHD and/or Local HPP Entity shall be entitled to payment for all allowable costs authorized under this agreement, including authorized non cancelable obligations incurred up to the date of termination or cancellation, provided such expenses do not exceed the stated maximum amounts payable.
D.
Agreement termination or cancellation shall be effective as of the date indicated in CDPH' notification to LHD and/or Local HPP Entity. The notice shall stipulate any final performance, invoicing or payment requirements.
E.
In the event of early termination or cancellation, LHD and/or Local HPP Entity shall be entitled to compensation for services performed satisfactorily under this Agreement and expenses incurred up to the date of cancellation and any non-cancelable obligations incurred in support of this Agreement.
Dispute Resolution Process A.
This provision supplements provision 15 of Exhibit D(F).
B.
CDPH may recoup from a LHD and/or Local HPP Entity any funds allocated pursuant to this article that are unspent or that are not expended for purposes specified in subdivision (d).
C.
CDPH may also recoup funds expended by the LHD and/or Local HPP Entity in violation of subdivision (d) of Section 101315 of the California Health and Safety Code.
D.
CDPH may withhold quarterly payments of funds to a LHD and/or Local HPP Entity if the LHD and/or Local HPP Entity is not in compliance with this article or the terms of that LHD's and/or Local HPP Entity's work plans as approved by CDPH.
E.
Before any funds are recouped or withheld from a LHD and/or Local HPP Entity, CDPH shall discuss with local health officials or Local HPP Entities the status of the unspent moneys or the disputed use of the funds. or both.
Page 2 of 3
County of Alameda 2009-10 Agreement No. EPO 09-01 5.
Financial and Compliance Audit Requirements A.
Paragraph d of provision 16 in Exhibit D(F) is amended to read as follows: d. The audit report must identify the Contractor's legal name and the number assigned to this Agreement. The audit report shall be due within 30 days after the completion of the aud it. The LHD/HPP Entity shall keep a copy of the audit report on file and have it available for review by CDPH or auditors upon request.
Page 3 of 3
ExhIbit B, Attachment 1 CriterIa for Payment
2009·10
CDC Public Health Emergency Preparedness (PHEP). Slate General
HHS Hospital Preparedness Program IHPP), CDC Public Health Emergency Response
2009-10 Agreement
CDC Base,
Cities Readiness Initiative (CRt) and
CDC PHER H1N1 Phase 1 '"'T"'O~_~.
1
Reference Lab Allocations
($259,650
Focus Area
($30,000
each)
&2
COPH must receive fOllowing signed Agreement documents:
"L"l"::JI
L.ab Trail
L.ab Trainee Stipends
total to each Reference Lab)
LHD must:
CDPH must receive lhe following:
CDPH must receive following signed Agreement documents:
• Agreement Page
• Agneement Page
• Signed Agreement documenl.s
• Non Supplantation Certification Fonn
• Non SupplarrtaUon Certification Fonn
• Lab trainee{s) must be included In Lab budget
• Certification Regarding lObbying
• be an LRJI submitted • have appr, alleast on • be a meml at least on • indicate wi the consor least one ( to the amil
,11
Crtterla ,~.t
P_,ment
i
l1li,
.
-. ,.,.:-,
~r
