HomeMy WebLinkAboutAgreement A-20-289 with CPDH for STD Core Program Management (3).pdfState of California – Health and Human Services Agency – California Department of Public Health
CDPH 1229 (9/2019)
Page 1 of 4
CALIFORNIA SEXUALLY TRANSMITTED DISEASES PROGRAM
STD Program Management
Awarded By
THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, hereinafter “Department”
TO
County of Fresno, hereinafter “Grantee”
Implementing the project “Core STD Program Management,” hereinafter “Project”
GRANT AGREEMENT NUMBER 19-10073
The Department awards this Grant and the Grantee accepts and agrees to use the Grant funds
as follows:
AUTHORITY: The Department has authority to grant funds for the Project under Health and
Safety Code Section 131085(a).
PURPOSE: The Department shall provide a grant to and for the benefit of the Grantee. The
purpose of the grant is to implement evidence-based public health activities to proactively
address sexually transmitted diseases within the local health jurisdiction, with an emphasis on
the prevention and control of infectious syphilis, congenital syphilis, gonorrhea, and chlamydia
trachomatis infection as described and specified in the Scope of Work.
GRANT AMOUNT: The maximum amount payable under this Grant shall not exceed One
Million Two Hundred Sixty Thousand, Nine Hundred Ten Dollars ($1,260,910).
TERM OF GRANT AGREEMENT: The term of the Grant shall begin on July 1, 2019 and
terminates on June 30, 2024. No funds may be requested or invoiced for services performed or
costs incurred after June 30, 2024.
Agreement No. 20-289
State of California – Health and Human Services Agency – California Department of Public Health
CDPH 1229 (9/2019)
Page 2 of 4
PROJECT REPRESENTATIVES: The Project Representatives during the term of this Grant
will be:
California Department of Public Health
Grantee: County of Fresno
Name: Karlo Estacio
Chief, Business Operations
Support Section
Name: Jena Adams
Supervising Communicable Disease
Control Specialist
Address: P.O. Box 997377, MS 7320 Address: 1221 Fulton Street
City, Zip: Sacramento, CA 95899-7377 City, Zip: Fresno, CA 93721
Phone: (916) 552-9820 Phone: (559) 600-3042
Fax: (916) 440-5106 Fax: N/A
Email: Karlo.Estacio@cdph.ca.gov
Email: jadams@fresnocountyca.gov
Direct all inquiries to:
California Department of Public Health
STD Control Branch
Grantee: County of Fresno
Attention: Christine Johnson
Grant Manager
Name: Jena Adams
Supervising Communicable Disease
Control Specialist
Address: P.O. Box 997377, MS 7320 Address: 1221 Fulton Street
City, Zip: Sacramento, CA 95899-7377 City, Zip: Fresno, CA 93721
Phone: (916) 552-9796 Phone: (559) 600-3042
Fax: (916) 636-6454 Fax: N/A
Email: Christine.Johnson@cdph.ca.gov
Email: jadams@fresnocountyca.gov
State of California – Health and Human Services Agency – California Department of Public Health
CDPH 1229 (9/2019)
Page 3 of 4
All payments from CDPH to the Grantee shall be sent to the following address:
Grantee: County of Fresno
Attention “Cashier:” Bruna Chavez
Public Health Business Manager
Address: PO Box 11800
City, Zip: Fresno CA 93775
Phone: (559) 600-6415
Fax: N/A
Email: dphboap@fresnocountyca.gov
Either party may make changes to the Project Representatives, or remittance address, by giving
a written notice to the other party. Said changes shall not require an amendment to the
agreement. Note: Remittance address changes will require the Grantee to submit a completed
CDPH 9083 Governmental Entity Taxpayer ID Form or STD 204 Payee Data Record Form
which can be requested through the CDPH Project Representatives for processing.
STANDARD PROVISIONS. The following exhibits are attached and made a part of this Grant
by this reference:
Exhibit A SCOPE OF WORK
Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS
Exhibit C STANDARD GRANT CONDITIONS
Exhibit D ADDITIONAL PROVISIONS
Exhibit E STD LOCAL ASSISTANCE FUNDS – STANDARDS AND GENERAL
TERMS AND CONDITIONS
Exhibit F CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
County of Fresno
Grant 19-10073
Page 1 of 13
Exhibit A
Scope of Work
1. Service Overview
The Grantee will implement public health activities to monitor, investigate, and prevent Sexually
Transmitted Diseases (STD) within the local health jurisdiction. California Department of Public
Health (CDPH) STD surveillance data indicate that over the past five years, there were continued
increases in infectious syphilis, congenital syphilis, gonorrhea, and chlamydia trachomatis
infection across the state. The increases in syphilis among women, including pregnant women,
and the devastating impact of congenital syphilis is of particular concern. Local health
jurisdictions should use these funds to augment local funding for comprehensive STD prevention
and control activities.
Key strategic targets for STD prevention and control are: implementation of case-based
surveillance; assurance of timely access to quality clinical services; verification of appropriate
STD treatment; investigation of reported cases, unusual diseases, or outbreaks; identification of a
STD patient’s sexual and social network contacts and referral for examination and/or treatment to
prevent further disease transmission or complications; and health education and health promotion
activities to prevent STDs and enhance awareness of individuals at risk for STD, medical
providers, and other service providers within the community.
2. Service Location
The services shall be performed at applicable facilities in the County of Fresno.
3. Service Hours
The services shall be primarily provided Monday through Friday, from 8:00 a.m. to 5:00 p.m. and
include evenings, weekends, and holidays as needed.
4. Services to be Performed: Core STD Program Management
Part I: Surveillance: Assure quality case-based surveillance.
Activities Performance Indicators/Deliverables Timeline
A. Assure completeness and accuracy
of key data variables through review
of laboratory and provider reports,
surveillance system documentation,
and public health follow-up of early
syphilis cases.
Key population specific variables are as
follows:
For females – all stages of syphilis:
• Proportion of early syphilis cases with
complete data for the following key
variables:
Pregnancy status (females ages
12-44)
Estimated Date of Delivery (EDD),
if pregnant
Treatment date, stage-appropriate
medication and dosage
HIV status
07/01/19 –
06/30/24
County of Fresno
Grant 19-10073
Page 2 of 13
Exhibit A
Scope of Work
Activities Performance Indicators/Deliverables Timeline
For syphilis-exposed neonates:
• Proportion of congenital syphilis cases
with appropriate classification
documented on the Congenital Syphilis
Case Report Form
For males – early syphilis (primary,
secondary, early latent):
• Proportion of early syphilis cases with
complete data for the following key
variables:
Treatment date, stage-appropriate
medication/dosage
HIV status
Gender of sex partners
B. Ensure client-level interactions for
syphilis cases are integrated with
HIV, including assessing HIV testing
and care status using HIV
surveillance data prior to client follow-
up to inform opportunities for testing,
Pre-exposure prophylaxis (PrEP),
and linkage or re-engagement to HIV
care.
• Description in the End-of-Year report of
efforts to actively verify or match syphilis
and HIV data to inform comprehensive
client interaction, detailing operational
problems encountered and overcome.
07/01/19 –
06/30/24
C. Utilize STD surveillance data for
syphilis, gonorrhea and chlamydia to
inform public health program action
or interventions.
• Description of one example of data
informed program activity or intervention
in the End-of-Year report.
07/01/19 –
06/30/24
D. Ensure all staff with access to STD
data complete the CDPH required
confidentiality and data security
training and maintain on file the
associated confidentiality
agreements.
• Confidentiality and data security training
agreements are maintained in the LHJ.
07/01/19 –
06/30/24
County of Fresno
Grant 19-10073
Page 3 of 13
Exhibit A
Scope of Work
Part II: Disease Intervention: Conduct disease intervention and partner services to prevent
further transmission (community and mother-child).
Activities Performance Indicators/Deliverables Timeline
A. Ensure timely investigation of all
reported reactive serologic tests for
syphilis (reactors):
1. Process syphilis reports using the
Syphilis Reactor Alert System
(SRAS) Guide to identify priority
reactors for investigation,
including reactors among females
of reproductive age (12-44 years
old), all reactors among neonates
and children, reactors with titers
of 1:32 and above regardless of
gender or age, and all primary
and secondary syphilis cases
reported regardless of gender or
age.
2. Conduct record search on all
incoming syphilis reactors
regardless of gender or age,
including searching the
surveillance registry to determine
history of syphilis, verify adequate
treatment status at appropriate
intervals including appropriate
intervals between doses among
females, and assess post-
treatment titer levels.
3. Obtain data from medical
providers or electronic medical
record searches to verify patient’s
diagnosis, signs and symptoms at
time of exam, syphilis tests, and
stage-appropriate treatment for
priority reactors as determined by
the SRAS.
• Using template provided by CDPH STD
Control Branch, indicate LHJ priorities for
public health follow-up of syphilis reactors.
• Proportion of all early syphilis cases that
are treated appropriately within 7 days of
initial report to local health department.
07/01/19 –
06/30/24
County of Fresno
Grant 19-10073
Page 4 of 13
Exhibit A
Scope of Work
Activities Performance Indicators/Deliverables Timeline
4. Initiate priority syphilis reports for
field investigation, interview, and
partner services for the following:
patients with untreated or
inadequately treated syphilis, new
cases of syphilis for interview and
partner services, and inadequate
titer response requiring
reassessment.
B. Facilitate congenital syphilis
prevention:
1. Ensure that all pregnant and
other females of reproductive age
with syphilis (all stages) receive:
• timely and stage appropriate
syphilis treatment, according
to CDC STD Treatment
Guidelines;
• referrals to prenatal care,
family planning services
and/or HIV testing, as
needed;
• comprehensive interview,
including contact
tracing/partner elicitation.
2. Ensure that sexual and needle
sharing partners of female
syphilis cases receive:
• notification of exposure or risk
for syphilis;
• timely syphilis testing and
appropriate treatment,
according to CDC STD
Treatment Guidelines;
• timely testing for HIV and
linkage to HIV care as
needed;
• comprehensive interview,
including contact
tracing/partner elicitation, for
those diagnosed as syphilis
cases.
For females of reproductive age with syphilis
(all stages), stratified by pregnancy status:
• Proportion of pregnant female cases
linked to timely and stage-appropriate
treatment within 7 days of initial report to
the health department.
• Proportion of non-pregnant female cases
linked to timely and stage-appropriate
treatment within 7 days of initial report to
the health department.
• Proportion of pregnant females who are
previously HIV-positive or have a
documented HIV test within 30 days
before or 14 days after her syphilis
diagnosis.
For partners of pregnant female syphilis
cases (all stages):
• Proportion of early syphilis cases among
females of reproductive age with at least
one partner treated within 30 days
before or after index client specimen
collection.
For female partners of male early syphilis
cases:
• Proportion of male early syphilis cases
who report female sex partners with at
least 1 female partner treated within 30
days before or after specimen collection
of the index case.
07/01/19 –
06/30/24
County of Fresno
Grant 19-10073
Page 5 of 13
Exhibit A
Scope of Work
Activities Performance Indicators/Deliverables Timeline
3. Ensure that female sexual and
needle sharing partners of male
early syphilis cases receive:
• notification of exposure or risk
for syphilis;
• timely syphilis testing and
stage-appropriate treatment,
according to CDC STD
Treatment Guidelines;
• referrals to prenatal care or
family planning services, as
needed;
• timely testing for HIV and
linkage to HIV care, as
needed;
• comprehensive interview,
including contact
tracing/partner elicitation, for
those newly diagnosed.
C. Facilitate congenital syphilis case
management:
1. Document birth outcomes for all
pregnant females with syphilis.
2. Ensure that all neonates exposed
to syphilis receive a
comprehensive medical
evaluation for evidence of
congenital syphilis, per CDC STD
Treatment Guidelines.
• Proportion of pregnant female syphilis
cases (all stages) with documentation of
birth outcome on the Congenital Syphilis
Case Report Form.
• Proportion of pregnant female syphilis
cases (all stages) who did not deliver a
baby with congenital syphilis (Congenital
Syphilis Prevention Ratio).
• Proportion of neonates exposed to any
stage of syphilis with appropriate infant
medical evaluation and treatment per
CDC recommendations, including
neonates that are classified as congenital
syphilis stillbirths, confirmed cases,
probable cases, and non-cases.
07/01/19 –
06/30/24
County of Fresno
Grant 19-10073
Page 6 of 13
Exhibit A
Scope of Work
Activities Performance Indicators/Deliverables Timeline
D. Facilitate HIV prevention:
1. Ensure that all early syphilis
cases receive:
• testing for HIV or confirmation
of HIV-positive status;
• comprehensive interview,
including integrated partner
elicitation for syphilis and HIV;
• linkage or re-engagement to
HIV care for HIV-positive
syphilis cases;
• referral to HIV PrEP for HIV-
negative syphilis cases.
2. Ensure that all sexual and needle
sharing partners receive:
• notification of exposure and
risk for syphilis and HIV;
• linkage to testing and
treatment, including
presumptive treatment for
syphilis;
• linkage to HIV testing or
confirmation of HIV status;
• linkage to HIV care for
individuals newly HIV-
positive;
• re-engagement with care for
HIV-positive cases no longer
in HIV care;
• linkage to HIV PrEP if HIV-
negative;
• comprehensive interview,
including contact
tracing/partner elicitation, for
those newly diagnosed.
For early syphilis cases:
• Proportion of early syphilis cases with HIV
negative or unknown status who are
tested for HIV, within 30 days of initial
report of local health department.
• Proportion of HIV-negative early syphilis
cases, referred to PrEP.
• Proportion of early syphilis cases with
new HIV diagnosis linked to HIV care
within 30 days of HIV test.
• Proportion of early syphilis cases who are
previously HIV positive and out of care
who are linked to care within 30 days of
interview.
For partners of early syphilis cases:
• Proportion of partners tested or treated for
syphilis within 14 days of index case
interview.
• Proportion of HIV-negative/unknown
partners tested for HIV within 14 days of
index case interview.
• Proportion of HIV negative partners who
are referred to HIV PrEP.
• Proportion of partners with new HIV
diagnosis linked to care within 30 days of
HIV test.
• Proportion of partners who are previously
HIV positive and out of care who are
linked to care within 30 days of interview.
07/01/19 –
06/30/24
E. Coordinate and participate in cluster
and outbreak detection and response
activities related to syphilis clusters,
suspected gonorrhea treatment
failure or report of reduced drug
susceptibility, and other relevant
• Description of process and outcomes of
activities in the End-of-Year report,
including:
Identification of cluster, outbreak,
suspected drug resistance
Enhanced surveillance and interview
of index cases
07/01/19 –
06/30/24
County of Fresno
Grant 19-10073
Page 7 of 13
Exhibit A
Scope of Work
Activities Performance Indicators/Deliverables Timeline
conditions such as lymphogranuloma
venereum or ocular syphilis.
Sexual and social network
investigation
Field investigation, community
outreach and screening events
Optional: Place a checkmark in
the box only if Grantee
plans to subcontract.
F. Subcontract with community-
based or other organizations to
ensure success of core STD
program functions (check box if
conducting this activity).
Subcontract with community or other
organizations, if needed.
Optional SOW Narrative: LHJ has new or innovative tasks that are not part of current Part II activities.
Describe the specific methods and approaches that will be used to complete the activities selected for
this objective. Briefly describe the anticipated scope of the proposed activities, deliverables, and a
projected timeline, including the approximate beginning and ending month and year for each major
activity.
Activities Performance Indicators/Deliverables Timeline
Not applicable
County of Fresno
Grant 19-10073
Page 8 of 13
Exhibit A
Scope of Work
Part III: Clinical Services: Assure high quality STD screening and treatment services.
Activities Performance Indicators/Deliverables Timeline
A. Conduct an assessment of available
STD screening and treatment
services to support access to quality
STD clinical services in the local
health jurisdiction.
• Description of the following activities in
the End-of-Year Report:
STD clinical assessment activities,
including name(s) of key community
clinics or medical providers and
annual clinic census and hours of
operation for health department STD
clinics.
Activities and partnerships to
enhance availability or quality of
STD clinical services.
07/01/19 –
06/30/24
OPTIONAL ACTIVITY: Place a
checkmark in the box only if Grantee
plans to participate in this activity.
B. Enhance quality of STD care
among providers in high volume
clinics serving high morbidity
areas or priority STD patients
through activities such as
provider detailing or clinical
quality improvement.
• Proportion of early syphilis cases
receiving first-line recommended
treatment.
• Proportion of gonorrhea cases receiving
recommended treatment.
• Description of activities and
corresponding indicators in the End-of-
Year Report.
07/01/19 –
06/30/24
OPTIONAL ACTIVITY: Place a
checkmark in the box only if Grantee
plans to participate in this activity.
C Enhance STD screening and
treatment for vulnerable
populations in settings such as
jail, juvenile detention centers,
and other high prevalence non-
clinical settings; mobile testing
among homeless encampments
and other geographic hot spots;
or online via the I Know program.
• Description of activities and
corresponding indicators in the End-of-
Year Report.
07/01/19 –
06/30/24
County of Fresno
Grant 19-10073
Page 9 of 13
Exhibit A
Scope of Work
Activities Performance Indicators/Deliverables Timeline
Optional: Place a checkmark in
the box only if Grantee
plans to subcontract.
D. Subcontract with community-
based or other organizations to
ensure success of core STD
program functions (check box if
conducting this activity).
Subcontract with community or other
organizations, if needed.
07/01/19 –
06/30/24
Optional SOW Narrative: LHJ has new or innovative tasks that are not part of current Part III activities.
Describe the specific methods and approaches that will be used to complete the activities selected for
this objective. Briefly describe the anticipated scope of the proposed activities, deliverables, and a
projected timeline, including the approximate beginning and ending month and year for each major
activity.
Activities Performance Indicators/Deliverables Timeline
Not applicable
Part IV: Health Promotion: Increase STD/sexual health awareness and primary prevention.
Activities Performance Indicators/Deliverables Timeline
OPTIONAL ACTIVITY: Place a
checkmark in the box only if Grantee
plans to participate in this activity.
A. Collect and review data to
understand root causes of
disparities in the local community;
develop a plan to address
disparities among African
American and Latino/a
populations.
• Description of activities in the End-of-
Year Report, including:
description of local disparities
number of collaborator sites
activities to address disparities
other relevant program outcomes
07/01/19 –
06/30/24
County of Fresno
Grant 19-10073
Page 10 of 13
Exhibit A
Scope of Work
Activities Performance Indicators/Deliverables Timeline
OPTIONAL ACTIVITY: Place a
checkmark in the box only if Grantee
plans to participate in this activity.
B. Provide technical assistance to
school districts and other school-
based partners regarding
confidential sexual health
services and education in
accordance with state
regulations.
• Description of activities in the End-of-
Year Report, including:
number of collaborator sites
technical assistance activities
other relevant program outcomes
07/01/19 –
06/30/24
OPTIONAL ACTIVITY: Place a
checkmark in the box only if Grantee
plans to participate in this activity.
C. Support local implementation of
health promotion activities for
adolescents and young adults;
gay bisexual and other men who
have sex with men; transgender
individuals; racial/ethnic groups
with high rates of infection; and
other priority populations as
defined by risk or geography.
• Description of activities in the End-of-
Year Report, including:
description of priority population or
area
number of collaborator sites
health promotion activities
other relevant program outcomes
07/01/19 –
06/30/24
D. Promote the presence,
relevancy, and accuracy of STD
prevention messaging on
webpage(s) and other social
media.
• Local health department website with:
local STD data
health alerts and provider resources
sexual and reproductive health
education materials
links to clinical services
• Description of other social media
outreach in the End-of-Year Report.
07/01/19 –
06/30/24
County of Fresno
Grant 19-10073
Page 11 of 13
Exhibit A
Scope of Work
Activities Performance Indicators/Deliverables Timeline
Optional: Place a checkmark in
the box only if Grantee
plans to subcontract.
E. Subcontract with community-
based or other organizations to
ensure success of core STD
program functions (check box if
conducting this activity).
• Subcontract with JP Marketing for
website, social media and other media
campaign advertising.
07/01/19 –
06/30/24
Optional SOW Narrative: LHJ has new or innovative tasks that are not part of current Part IV activities.
Describe the specific methods and approaches that will be used to complete the activities selected for
this objective. Briefly describe the anticipated scope of the proposed activities, deliverables, and a
projected timeline, including the approximate beginning and ending month and year for each major
activity.
Activities Performance Indicators/Deliverables Timeline
Not applicable
County of Fresno
Grant 19-10073
Page 12 of 13
Exhibit A
Scope of Work
Part V: Policy and Communication: Assure effective communication and policy
development to support STD prevention.
Activities Performance Indicators/Deliverables Timeline
A. Identify and leverage opportunities to
educate community partners, policy
makers, and the media.
• Description of activities will be included in
the End-of-Year Report.
07/01/19 –
06/30/24
B. Participate in statewide STD
prevention forums, working groups,
and web meetings to build capacity
and enhance cross-jurisdictional
communication.
• Number of attendees at the annual in-
person California STD/HIV Controllers
Association membership meeting
• Number of monthly Executive
Committee teleconferences attended
• Number of Local Capacity Building
webinars attended, as hosted by CDPH
STD Control Branch.
• Number of staff attending statewide
stakeholder conferences hosted by
CDPH STD Control Branch.
• Description of additional activities in the
End-of-Year Report.
07/01/19 –
06/30/24
C. Collaborate with health department
and external partners to leverage
systems for addressing congenital
syphilis, HIV prevention, and
correctional health.
• Description of collaborations with health
department partners (e.g., Maternal
Child and Adolescent Health program,
Public Health Nursing, HIV program)
and external partners (e.g., community-
based organizations, correctional
facilities and contractors) in End-of-Year
Report.
07/01/19 –
06/30/24
Optional: Place a checkmark in
the box only if Grantee
plans to subcontract.
D. Subcontract with community-
based or other organizations to
ensure success of core STD
program functions (check box if
conducting this activity).
Subcontract with community or other
organizations, if needed.
07/01/19 –
06/30/24
County of Fresno
Grant 19-10073
Page 13 of 13
Exhibit A
Scope of Work
Optional SOW Narrative: LHJ has new or innovative tasks that are not part of current Part V activities.
Describe the specific methods and approaches that will be used to complete the activities selected for
this objective. Briefly describe the anticipated scope of the proposed activities, deliverables, and a
projected timeline, including the approximate beginning and ending month and year for each major
activity.
Activities Performance Indicators/Deliverables Timeline
Not applicable
5. Summary of Required Reports and Data
Frequency Timeframe Deadline Activities Report Recipient
Annual 07/01/2019 – 06/30/2024 07/31/2020
07/31/2021
07/31/2022
07/31/2023
06/30/2024
Part II – V STDLHJContracts@cdph.ca.gov
Ongoing 7/01/2019 – 6/30/2024
Ongoing,
within 45
days of
report to the
LHJ
STD Case
Closure
CalREDIE data system, or by
other means per agreement
between the local STD Control
Officer and the STDCB.
County of Fresno
Grant 19-10073
Page 1 of 5
Exhibit B
Budget Detail and Payment Provisions
1. Invoicing and Payment
A. Upon completion of project activities as provided in Exhibit A, Scope of Work,
and upon receipt and approval of the invoices, the State agrees to reimburse the
Grantee for activities performed and expenditures incurred in accordance with
the costs specified herein.
B. Invoices shall include the Grant Number and shall be submitted in duplicate not
more frequently than quarterly in arrears to:
Christine Johnson
California Department of Public Health
STD Control Branch
MS 7320
P.O. Box 997377
Sacramento, CA 95899-7377
C. Invoices shall:
1) Be prepared on Grantee letterhead. If invoices are not on produced
letterhead invoices must be signed by an authorized official, employee, or
agent certifying that the expenditures claimed represent activities
performed and are in accordance with Exhibit A, Scope of Work, under
this Grant.
2) Bear the Grantee’s name as shown on the Grant.
3) Identify the billing and/or performance period covered by the invoice.
4) Itemize costs for the billing period in the same or greater level of detail as
indicated in this Grant. Subject to the terms of this Grant, reimbursement
may only be sought for those costs and/or cost categories expressly
identified as allowable in this agreement and approved by CDPH.
D. Invoices must be submitted no more than forty-five (45) calendar days after the
end of each quarter unless a later or alternate deadline is agreed to in writing by
the program Grant Manager.
2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act 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, the State shall have no liability to pay any funds whatsoever to
Grantee or to furnish any other considerations under this Agreement and
Grantee shall not be obligated to fulfill any provisions of this Agreement.
County of Fresno
Grant 19-10073
Page 2 of 5
Exhibit B
Budget Detail and Payment Provisions
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes
of this program, the State shall have the option to either cancel this Agreement
with no liability occurring to the State, or offer an agreement amendment to the
Grantee to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927.
4. Amounts Payable
A. The amount payable under this Grant shall not exceed $1,260,910.00.
B. Payment allocations shall be made for allowable expenses up to the amount
annually encumbered commensurate with the state fiscal year in which services
are fulfilled and/or goods are received.
5. Timely Submission of Final Invoice
A. A final undisputed invoice shall be submitted for payment no more than forty-five
(45) calendar days following the expiration or termination date of this Grant,
unless a later or alternate deadline is agreed to in writing by the program Grant
Manager. Said invoice should be clearly marked “Final Invoice,” indicating that
all payment obligations of the State under this Grant have ceased and that no
further payments are due or outstanding.
B. The State may, at its discretion, choose not to honor any delinquent final invoice
if the Grantee fails to obtain prior written State approval of an alternate final
invoice submission deadline.
6. Travel and Per Diem Reimbursement
A. Any reimbursement for necessary travel and per diem shall be at the rates
currently in effect as established by the California Department of Human
Resources (CalHR).
B. Grant funds may be used for reimbursement of travel expenses to attend
meetings, conferences, and training. The Grantee is recommended to include
travel funds for staff to attend the following:
1. California STD/HIV Controllers Association annual meeting
2. Other statewide conferences and meetings for congenital syphilis,
surveillance, and disease intervention
3. Disease Intervention Specialist training (e.g. Passport to Partner Services
training for new DIS staff or other training for existing DIS staff)
County of Fresno
Grant 19-10073
Page 3 of 5
Exhibit B
Budget Detail and Payment Provisions
C. In accordance with California Assembly Bill 1887 (Chapter 687, Statutes of
2016), and Government Code Section 11139.8, travel is prohibited to states that,
enact the following after June 26, 2015:
1. A law that voids or repeals, or has the effect of voiding or repealing,
existing state or local protections against discrimination on the basis of
sexual orientation, gender identify, or gender expression.
2. A law that authorizes or requires discrimination against same-sex couples
or their families or on the basis of sexual orientation, gender identify, or
gender expression.
3. A law that creates an exemption to antidiscrimination laws in order to
permit discrimination against same-sex couples or their families or on the
basis of sexual orientation, gender identify, or gender expression.
The California Attorney General’s webpage lists the states to where travel is
prohibited.
D. The total budget amount for out-of-state travel shall not exceed five (5) percent of
the total annual budget of this grant agreement.
7. Use of Funds / Supplanting
These funds shall be used to supplement and enhance existing local STD program
activities and services and shall not replace existing services and activities, prevent the
addition of new services and activities, and does not duplicate reimbursement of costs
and services received from local funds or other sources.
8. Proper Use of Funds
A. The funds for this grant agreement may be used for:
1. Local health jurisdiction staff to support STD prevention and control
activities.
2. Out-of-state travel to conferences and meetings, except to prohibited
states as provided in 6.C. above. Travel costs may include travel and per
diem for local leadership and other relevant staff (listed in the budget as
in-kind support) to attend the Annual California STD HIV Controllers
Association Membership Meeting, Annual STDCB Statewide Meeting
(e.g., Congenital Syphilis Prevention Forum), National STD Prevention
Conference, or other national forums as relevant. Prior written approval
for out-of-state travel approval must be obtained from STDCB and shall
not exceed five (5) percent of the total annual budget of this grant
agreement.
3. In-state travel to support local capacity building, except to prohibited
states as provided in 6.C. above. This includes training course fees,
travel, and per diem to support enhancement of knowledge, skills, and
abilities of Disease Intervention Workforce (e.g., Passport to Partner
Services, Phlebotomy, Cultural Humility), or other staff essential to STD
prevention and control.
County of Fresno
Grant 19-10073
Page 4 of 5
Exhibit B
Budget Detail and Payment Provisions
4. STD test kits and other testing supplies.
5. STD treatment (i.e., Suprax, Azithromycin, Bicillin, Ceftriaxone,
Doxycycline)
6. Condoms.
7. Provider education materials.
8. Client education materials.
B. The funds for this grant agreement may be used for the following items, with
supportive justification, tracking, and reporting of outcomes:
1. Incentives such as low value gift cards (e.g., WalMart, Safeway,
transportation vouchers), hygiene kits, and/or other STD-related
incentives.
a. Client incentives, such as low value gift cards, may be approved
as Behavioral Modification Materials (BMM). The value of the
incentive is limited to $50.00 of merchandise per person per
intervention (e.g. client attendance for syphilis treatment at $25.00
for each Bicillin injection).
b. Current CDPH approvals require the BMM to be justified with
scientific proof of behavior change, and be accompanied by a
targeted distribution plan, incentive tracking log, and reporting of
incentive distribution and client outcomes.
c. Incentives cannot be used for the purchase of alcohol, tobacco, or
drug products.
d. The use of incentives must comply with the provisions in Exhibit E,
STD Local Assistance Funds – Standards and General Terms and
Conditions.
2. BMMs are provided to program participants to motivate and/or reinforce
positive behavior and/or involvement in STD control and prevention
activities. Receipt of a BMM requires action on the part of the recipient.
The Grantee is responsible for the possession, security (e.g., will keep
the BMMs in a secure location), and accountability of the BMMs. The
Grantee will prepare a log sheet that will track and identify each of the
BMMs, value, transfer date, and recipient.
C. The funds for this grant agreement cannot be used for:
1. Stuff We All Get (SWAG) - The purchase of free promotional items for
health promotion events such as pens, mugs, t-shirts, posters, key
chains, or bumper stickers. This provision is in accordance with the
California State Constitution, Article 16, section 6, which prohibits any
gifting of public funds.
2. Individual prizes or high value incentives (e.g., iPads, iPhones) for health
promotion competitions.
3. Cash incentives paid to an individual.
4. Scholarships paid to an individual or a school on behalf of an individual.
5. Food (e.g., sponsored lunch or dinner at provider education sessions,
brown bag lunches, buffets at screening events).
County of Fresno
Grant 19-10073
Page 5 of 5
Exhibit B
Budget Detail and Payment Provisions
6. The purchase, lease, or other support of county vehicles or mobile testing
units.
7. Construction, renovation, improvement, or repair of property.
8. The purchase of alcohol, tobacco, or cannabis.
County of Fresno
Grant 19-10073
Page 1 of 4
Exhibit C
Standard Grant Conditions
1. APPROVAL: This grant is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. The Grantee may not
commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this grant shall be valid
unless made in writing, signed by the parties, and approved as required. No oral
understanding or agreement not incorporated in the grant is binding on any of the
parties. In no case shall the Department materially alter the scope of the project set
forth in Exhibit A.
3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part,
without the written consent of the Grant Manager in the form of a written amendment to
the grant.
4. AUDI T: Grantee agrees that the Department, the Bureau of State Audits, or their
designated representative shall have the right to review and to copy any records and
supporting documentation pertaining to this grant. Grantee agrees to maintain such
records for a possible audit for a minimum of three (3) years after final payment or
completion of the project funded with this grant, unless a longer period of records
retention is stipulated. Grantee agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records. Further, Grantee agrees to include
a similar right of the State to audit records and interview staff in any subcontract related
to the project.
5. CONFLICT OF INTEREST: Grantee certifies that it is in compliance with all applicable
state and/or federal conflict of interest laws.
6. INDEMNIFICATION: Grantee agrees to indemnify, defend, and save harmless the
State, its officers, agents, and employees from any and all claims and losses accruing or
resulting to any and all contractors, subcontractors, suppliers, laborers, and any other
person, firm, or corporation furnishing or supplying work services, materials, or supplies
in connection with the project, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who may be injured or damaged by Grantee
in the performance of any activities related to the project.
7. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: Grantee
agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient
to permit tracing of all grant funds to a level of expenditure adequate to establish that
such funds have not been used in violation of any applicable state or federal law, or the
provisions of this grant. Grantee further agrees that it will maintain separate project
accounts in accordance with generally accepted accounting principles.
8. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance
with the laws of the State of California.
County of Fresno
Grant 19-10073
Page 2 of 4
Exhibit C
Standard Grant Conditions
9. INCOME RESTRICTIONS: Grantee agrees that any refunds, rebates, credits, or other
amounts (including any interest thereon) accruing to or received by the Grantee under
this grant shall be paid by the Grantee to the Department, to the extent that they are
properly allocable to costs for which the Grantee has been reimbursed by the
Department under this grant.
10. INDEPENDENT GRANTEE: Grantee, and its agents and employees of Grantee, in the
performance of the project, shall act in an independent capacity and not as officers,
employees, or agents of the Department.
11. MEDIA EVENTS: Grantee shall notify the Department’s Grant Manager in writing at
least twenty (20) working days before any public or media event publicizing the
accomplishments and/or results of the project and provide the opportunity for attendance
and participation by Department’s representatives.
12. NO THIRD-PARTY RIGHTS: The Department and Grantee do not intend to create any
rights or remedies for any third-party as a beneficiary of this grant or the project.
13. NOTICE: Grantee shall promptly notify the Department’s Grant Manager in writing of
any events, developments, or changes that could affect the completion of the project or
the budget approved for this grant.
14. PROFESSIONALS: Grantee agrees that only licensed professionals will be used to
perform services under this grant where such services are called for.
15. RECORDS: Grantee certifies that it will maintain project accounts in accordance with
generally accepted accounting principles. Grantee further certifies that it will comply with
the following conditions for a grant award as set forth in the Grant.
A. Establish an official file for the project which shall adequately document all
significant actions relative to the project;
B. Establish separate accounts which will adequately and accurately depict all
amounts received and expended on this project, including all grant funds
received under this grant;
C. Establish separate accounts which will adequately depict all income received
which is attributable to the project, especially including any income attributable to
grant funds disbursed under this grant;
D. Establish an accounting system which will adequately depict final total costs of
the project, including both direct and indirect costs; and
E. Establish such accounts and maintain such records as may be necessary for the
state to fulfill federal reporting requirements, including any and all reporting
requirements under federal tax statutes or regulations.
County of Fresno
Grant 19-10073
Page 3 of 4
Exhibit C
Standard Grant Conditions
16. RELATED LITIGATION: Under no circumstances may Grantee use funds from any
disbursement under this grant to pay for costs associated with any litigation between the
Grantee and the Department.
17. RIGHTS IN DATA: Grantee and the Department agree that all data, plans, drawings,
specifications, reports, computer programs, operating manuals, notes, and other written
or graphic work submitted under Exhibit A in the performance of the project funded by
this grant shall be in the public domain. Grantee may disclose, disseminate, and use, in
whole or in part, any final form, data, and information received, collected, and developed
under this project, subject to appropriate acknowledgment of credit to the Department for
financial support. Grantee shall not utilize the materials submitted to the Department
(except data) for any profit-making venture or sell or grant rights to a third-party who
intends to do so. The Department has the right to use submitted data for all
governmental purposes.
18. VENUE: The Department and Grantee agree that any action arising out of this grant
shall be filed and maintained in the Superior Court, California. Grantee waives any
existing sovereign immunity for the purposes of this grant, if applicable.
19. STATE-FUNDED RESEARCH GRANTS
A. Grantee shall provide for free public access to any publication of a department-
funded invention or department-funded technology. Grantee further agrees to all
terms and conditions required by the California Taxpayer Access to Publicly
Funded Research Act (Chapter 2.5 (commencing with Section 13989) of Part 4.5
of Division 3 of Title 2 of the Government Code).
B. As a condition of receiving the research grant, Grantee agrees to the following
terms and conditions which are set forth in Government Code Section 13989.6
(“Section 13989.6”):
1) Grantee is responsible for ensuring that any publishing or copyright
agreements concerning submitted manuscripts fully comply with Section
13989.6.
2) Grantees shall report to the Department the final disposition of the
research grant, including, but not limited to, if it was published, when it
was published, where it was published, when the 12-month time period
expires, and where the manuscript will be available for open access.
3) For a manuscript that is accepted for publication in a peer-reviewed
journal, the Grantee shall ensure that an electronic version of the peer-
reviewed manuscript is available to the department an on an appropriate
publicly accessible database approved by the Department, including, but
not limited to, the University of California’s eScholoarship Repository at
the California Digital Library, to be made publicly available not later than
County of Fresno
Grant 19-10073
Page 4 of 4
Exhibit C
Standard Grant Conditions
12 months after the official date of publication. Manuscripts submitted to
the California Digital Open Source Library shall be exempt from the
requirements in subdivision (b) of Section 66408 of the Education Code.
Grantee shall make reasonable efforts to comply with this requirement by
ensuring that their manuscript is accessible on an approved publicly
accessible database, and notifying the Department that the manuscript is
available on a department-approved database. If Grantee is unable to
ensure that their manuscript is accessible on an approved publicly
accessible database, Grantee may comply by providing the manuscript to
the Department not later than 12 months after the official date of
publication.
4) For publications other than those described in paragraph B.3 above,
including meeting abstracts, Grantee shall comply by providing the
manuscript to the Department not later than 12 months after the official
date of publication.
5) Grantee is authorized to use grant money for publication costs, including
fees charged by a publisher for color and page charges, or fees for digital
distribution.
County of Fresno
Grant 19-10073
Page 1 of 4
Exhibit D
Additional Provisions
1. Cancellation / Termination
A. This Grant may be cancelled by CDPH without cause upon thirty (30) calendar days
advance written notice to the Grantee.
B. CDPH reserves the right to cancel or terminate this Grant immediately for cause. The
Grantee may submit a written request to terminate this Grant only if CDPH substantially
fails to perform its responsibilities as provided herein.
C. The term “for cause” shall mean that the Grantee fails to meet the terms, conditions,
and/or responsibilities of this agreement. Causes for termination include, but are not
limited to the following occurrences:
1) If the Grantee knowingly furnishes any statement, representation, warranty, or
certification in connection with the agreement, which representation is materially
false, deceptive, incorrect, or incomplete.
2) If the Grantee fails to perform any material requirement of this Grant or defaults
in performance of this agreement.
3) If the Grantee files for bankruptcy, or if CDPH determines that the Grantee
becomes financially incapable of completing this agreement.
D. Grant termination or cancellation shall be effective as of the date indicated in CDPH’s
notification to the Grantee. The notice shall stipulate any final performance, invoicing or
payment requirements.
E. In the event of early termination or cancellation, the Grantee 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 Grant.
F. In the event of termination, and at the request of CDPH, the Grantee shall furnish copies
of all proposals, specifications, designs, procedures, layouts, copy, and other materials
related to the services or deliverables provided under this Grant, whether finished or in
progress on the termination date.
G. The Grantee will not be entitled to reimbursement for any expenses incurred for services
and deliverables pursuant to this agreement after the effective date of termination.
H. Upon receipt of notification of termination of this Grant, and except as otherwise
specified by CDPH, the Grantee shall:
1) Place no further order or subgrants for materials, services, or facilities.
2) Settle all outstanding liabilities and all claims arising out of such termination of
orders and subgrants.
County of Fresno
Grant 19-10073
Page 2 of 4
Exhibit D
Additional Provisions
3) Upon the effective date of termination of the Grant and the payment by CDPH of
all items properly changeable to CDPH hereunder, Grantee shall transfer, assign
and make available to CDPH all property and materials belonging to CDPH, all
rights and claims to any and all reservations, grants, and arrangements with
owners of media/PR materials, or others, and shall make available to CDPH all
written information regarding CDPH’s media/PR materials, and no extra
compensation is to be paid to Grantee for its services.
4) Take such action as may be necessary, or as CDPH may specify, to protect and
preserve any property related to this agreement which is in the possession of the
Grantee and in which CDPH has or may acquire an interest.
I. CDPH may, at its discretion, require the Grantee to cease performance of certain
components of the Scope of Work as designated by CDPH and complete performance
of other components prior to the termination date of the Grant.
2. Avoidance of Conflicts of Interest by Grantee
A. CDPH intends to avoid any real or apparent conflict of interest on the part of the
Grantee, subgrants, or employees, officers and directors of the Grantee or subgrants.
Thus, CDPH reserves the right to determine, at its sole discretion, whether any
information, assertion or claim received from any source indicates the existence of a real
or apparent conflict of interest; and, if a conflict is found to exist, to require the Grantee
to submit additional information or a plan for resolving the conflict, subject to CDPH
review and prior approval.
B. Conflicts of interest include, but are not limited to:
1) An instance where the Grantee or any of its subgrants, or any employee, officer,
or director of the Grantee or any subgrant or has an interest, financial or
otherwise, whereby the use or disclosure of information obtained while
performing services under the grant would allow for private or personal benefit or
for any purpose that is contrary to the goals and objectives of the grant.
2) An instance where the Grantee’s or any subgrant’s employees, officers, or
directors use their positions for purposes that are, or give the appearance of
being, motivated by a desire for private gain for themselves or others, such as
those with whom they have family, business or other ties.
C. If CDPH is or becomes aware of a known or suspected conflict of interest, the Grantee
will be given an opportunity to submit additional information or to resolve the conflict. A
Grantee with a suspected conflict of interest will have five (5) working days from the date
of notification of the conflict by CDPH to provide complete information regarding the
suspected conflict. If a conflict of interest is determined to exist by CDPH and cannot be
resolved to the satisfaction of CDPH, the conflict will be grounds for terminating the
grant. CDPH may, at its discretion upon receipt of a written request from the Grantee,
authorize an extension of the timeline indicated herein.
County of Fresno
Grant 19-10073
Page 3 of 4
Exhibit D
Additional Provisions
3. Dispute Resolution Process
A. A Grantee grievance exists whenever there is a dispute arising from CDPH’s action in
the administration of an agreement. If there is a dispute or grievance between the
Grantee and CDPH, the Grantee must seek resolution using the procedure outlined
below.
1) The Grantee should first informally discuss the problem with the CDPH Program
Grant Manager. If the problem cannot be resolved informally, the Grantee shall
direct its grievance together with any evidence, in writing, to the program Branch
Chief. The grievance shall state the issues in dispute, the legal authority or other
basis for the Grantee's position and the remedy sought. The Branch Chief shall
render a decision within ten (10) working days after receipt of the written
grievance from the Grantee. The Branch Chief shall respond in writing to the
Grantee indicating the decision and reasons therefore. If the Grantee disagrees
with the Branch Chief’s decision, the Grantee may appeal to the second level.
2) When appealing to the second level, the Grantee must prepare an appeal
indicating the reasons for disagreement with Branch Chief’s decision. The
Grantee shall include with the appeal a copy of the Grantee's original statement
of dispute along with any supporting evidence and a copy of the Branch Chief’s
decision. The appeal shall be addressed to the Deputy Director of the division in
which the branch is organized within ten (10) working days from receipt of the
Branch Chief’s decision. The Deputy Director of the division in which the branch
is organized or his/her designee shall meet with the Grantee to review the issues
raised. A written decision signed by the Deputy Director of the division in which
the branch is organized or his/her designee shall be directed to the Grantee
within twenty (20) working days of receipt of the Grantee's second level appeal.
B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in
which the branch is organized or his/her designee, the Grantee shall follow the
procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and
Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2,
Article 3 (commencing with Section 1140) of the California Code of Regulations).
C. Disputes arising out of an audit, examination of an agreement or other action not
covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California
Code of Regulations, and for which no procedures for appeal are provided in statute,
regulation or the Agreement, shall be handled in accordance with the procedures
identified in Sections 51016 through 51047, Title 22, California Code of Regulations.
D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal
correspondence shall be directed to the CDPH Grant Manager.
County of Fresno
Grant 19-10073
Page 4 of 4
Exhibit D
Additional Provisions
E. There are organizational differences within CDPH’s funding programs and the
management levels identified in this dispute resolution provision may not apply in every
contractual situation. When a grievance is received and organizational differences exist,
the Grantee shall be notified in writing by the CDPH Grant Manager of the level, name,
and/or title of the appropriate management official that is responsible for issuing a
decision at a given level.
County of Fresno
Grant 19-10073
Page 1 of 5
Exhibit E
STD Local Assistance Funds – Standards and General Terms and Conditions
1. Overview
The California Department of Public Health (CDPH) STD Control Branch (STDCB) sets
forth the following standards and procedures. These standards and procedures specify
the conditions for receipt of CDPH STDCB local assistance funds. The purpose of the
sexually transmitted disease (STD) local assistance funds is to augment local support for
STD prevention and control activities. The local health department has the authority for
STD prevention and control as outlined in the Summary of Regulations Related to STD
Prevention and Control Efforts in California.
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/STD-
ForLocalHealthJurisdictions.aspx.
2. Grantee’s Responsibilities
The Grantee agrees to:
A. Direct activities toward achieving the program objectives set forth by the CDPH
STDCB.
B. Use these funds in accordance with any additional guidance set forth by the
CDPH STDCB regarding the granting, use and reimbursement of the STDCB
local assistance funds. Additional consideration should be given to other
guidance from the CDPH and Centers for Disease Control and Prevention
intended to highlight successful STD or HIV prevention strategies or outline
California specific initiatives, policies and procedures. Please find relevant
programmatic guidance documents on the CDPH STDCB website:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/STD.aspx
C. Use these funds to augment existing funds and not supplant funds that have
been locally appropriated for the same purposes. Local assistance funds are
intended to provide local entities with increased capabilities to address STD
control needs. Supplanting of funds is defined (for the purposes of this
agreement) as using local assistance award monies to “replace” or “take the
place of” existing local funding. For example, reductions in local funds cannot be
offset by the use of CDPH STDCB dollars for the same purpose.
D. Abide by the most recent standards of care for STD screening, treatment, control
and prevention as promulgated by:
1. California Department of Public Health
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/STDs-
ClinicalGuidelines.aspx
2. Centers for Disease Control and Prevention
https://www.cdc.gov/std/tg2015/default.htm
E. Share health adivisories, health education materials, and other products created
to enhance STD awareness and prevention funded with these dollars with CDPH
and other LHJs in California. The intent of this is to allow duplication (where
possible) and cross-jurisdictional reach of successful STD awaremess
campaigns aimed at the public, select populations, or clinical providers. These
should be submitted with the annual progress report.
F. Submit information and reports as requested by the CDPH STDCB.
County of Fresno
Grant 19-10073
Page 2 of 5
Exhibit E
STD Local Assistance Funds – Standards and General Terms and Conditions
3. Reporting Requirements
A. Case Reports
All Grantees shall comply with morbidity reporting requirements for reportable
STDs identified in Title 17, California Code of Regulations (CCR) §2500, §2593,
§2641.5-2643.20, and §2800 – 20182 Reportable Diseases and Conditions.
https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/
ReportableDiseases.pdf
All Grantees, excluding Los Angeles and San Francisco, must enter STD case
data for their jurisdiction directly into the California Reportable Disease
Information Exchange (CalREDIE), the CDPH web-based reporting software for
notifiable diseases. CDPH STD Control Branch will provide essential variables
for data entry and STD case report forms. Specific case investigation and report
requirements are as follows:
1. Syphilis laboratory tests and confidential morbidity reports should be
processed and assigned for investigation according to the California
Syphilis Reactor Alert System (SRAS). Some health jurisdictions may
have a more nuanced local system for prioritizing reported reactive
syphilis tests.
https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20
Library/SyphilisReactorSRASChartAlgorithm.pdf
2. Syphilis cases and congenital syphilis case investigations are to be
reported according to updated CDPH STDCB protocols on the
appropriate case report forms (Syphilis Interview Record or California
Congenital Syphilis-CS Case Investigation and Report) found in
CalREDIE; samples of these forms can be viewed at
https://www.cdph.ca.gov/Programs/PSB/Pages/CommunicableDiseaseCo
ntrol.aspx. Grantees will submit complete case reports into the CalREDIE
Electronic Filing Cabinet within 45 days of initial report to local health
department.
3. Chlamydia and gonorrhea reports are automatically initiated through
CalREDIE with electronic laboratory report information, data entry of
laboratory, or provider report.
4. Cases of gonorrhea with suspected treatment failure or with high
minimum inhibitory concentrations (MIC) to CDC-recommended treatment
should be reported to CDPH STDCB within 24 hours of initial report to
local health department. Reports should be conveyed by calling the
CDPH STDCB Office at (510) 620-3400.
5. Suspected or confirmed cases of granuloma inguinale, lymphogranuloma
venereum, and chancroid should be reported to CDPH STDCB within 24
hours of initial report to local health department. Reports should be
conveyed by calling the CDPH STDCB Office at (510) 620-3400.
County of Fresno
Grant 19-10073
Page 3 of 5
Exhibit E
STD Local Assistance Funds – Standards and General Terms and Conditions
Grantees will participate in STD-specific CalREDIE trainings and conduct
quality control procedures, including review of cases to ensure
appropriate surveillance case definition and reconciliation of case counts.
For STD case definitions, please visit
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/STDCaseDefinition
s.aspx
B. Electronic Reporting
All Grantees, excluding Los Angeles and San Francisco, must enter STD case
data for their jurisdiction directly into CalREDIE, including data entry of core
variables into the CalREDIE tabs, case reports and interview records. Neither
submission of hard copy forms for data entry into CalREDIE by CDPH, nor
scanning of case reports/interview records into EFC, sans data entry, will be
accepted. Direct entry of data into CalREDIE improves reporting processes
including submission of case reports to the CDC and inter-jurisdictional
communication. The CDPH STDCB website has extensive resources to assist
LHJs with CalREDIE including frequently asked questions, manuals/guidelines,
and forms/instructions.
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/STD-CalREDIE-
Resources.aspx
For additional STD-related CalREDIE help, please email
STDCalREDIE@cdph.ca.gov.
C. Data Security and Confidentiality
Grantees shall comply with recommendations set forth in CDC’s “Data Security
and Confidentiality Guidelines for HIV, Viral Hepatitis, Sexually Transmitted
Disease, and Tuberculosis Programs.”
http://www.cdc.gov/nchhstp/programintegration/docs/PCSIDataSecurityGuideline
s.pdf. Grantees shall have staff complete CDPH required confidentiality and data
security training, and maintain on file associated confidentiality agreements for
each staff person with access to STD data.
D. Outbreak Reporting
The California Code of Regulations (Title 17, Section 2502[c]) directs local health
officers to immediately report unusual disease occurrences or outbreaks to
CDPH. Reports should be conveyed by calling the CDPH STDCB Office at (510)
620-3400.
County of Fresno
Grant 19-10073
Page 4 of 5
Exhibit E
STD Local Assistance Funds – Standards and General Terms and Conditions
E. Financial Expenditures and Reporting
Grantees must maintain records reflecting actual expenditures. Please see the
CDPH STDCB Use of Local Assistance Funds document for guidance on
allowable and non-allowable expenditures.
https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/
UseofLocalAssistanceFunds.pdf. The CDPH STDCB reserves the right to
question and re-negotiate reimbursement for any expenditure that may appear to
exceed a reasonable cost for the service. Financial expenditures/reporting are
required and must be submitted within 45 calendar days after the end of each
quarter. Annual financial expenditures and reporting should be submitted no later
than 45 days after the end of the budget period. Invoices should be sent to
STDLHJInvoices@cdph.ca.gov.
F. Annual Performance Progress Reporting
The Annual Performance Progress Report is due no later than 30 days prior to
the end of the budget period (e.g. May 31, 2020), and serves as the continuation
application for the follow-on budget period. All publications and manuscripts
published as a result of the work supported in part or whole by the cooperative
grant must be submitted with the performance progress reports. Additionally,
health advisories, health education materials, and other products should be
submitted. Annual Performance Progress Report should be submitted to
STDLHJContracts@cdph.ca.gov.
G. Reporting Use of Incentives
Acceptable incentives include items such as low value gift cards (e.g., WalMart,
Safeway, transportation vouchers), hygiene kits, and/or other STD-related
incentives. All proposals for incentives must be submitted to CDPH STDCB for
review prior to purchase and project implementation, accompanying documents
must contain justification for use as behavior modification material, and
accompanied by a targeted distribution plan and tracking/reporting/outcome log.
When using incentives to achieve the goals and objectives outlined in the Scope
of Work, the Grantee must adhere to the following requirements:
1. Complete a Subject Reimbursement Log that is kept within a secure
study file. This log will contain the gift card brand, gift card number,
denomination, date purchased, reason for disbursement, the recipient of
the incentive, and the issue date (see attached log).
2. Each participant receiving an incentive must complete a Subject Incentive
Payment Receipt at the time the incentive is issued. The Subject
Incentive Payment Receipt must be kept in a secure location.
3. Participation incentives cannot be used for the purchase of alcohol,
tobacco, or drug products.
4. A copy of the Subject Reimbursement Log must be submitted with the
quarterly invoice.
County of Fresno
Grant 19-10073
Page 5 of 5
Exhibit E
STD Local Assistance Funds – Standards and General Terms and Conditions
5. The Subject Incentive Payment Receipt must be kept for a minimum of
five (5) years after the termination of the grant.
4. Rights of California Department of Public Health, Sexually Transmitted Disease
Control Branch
A. The CDPH STDCB reserves the right to modify the terms and conditions of all
awards. Additional information and documentation may be required.
B. The CDPH STDCB reserves the right to use and reproduce all reports and data
produced and delivered pursuant to the local assistance awards and reserves the
right to authorize others to use or reproduce such materials, provided that the
confidentiality of patient information and records is protected pursuant to
California State laws and regulations.
County of Fresno
Grant 19-10073
Page 1 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
This California STD and HIV/AIDS Case Reporting System Data Use and Disclosure Agreement
(hereinafter referred to as “Agreement”) sets forth the information privacy and security
requirements that County of Fresno (hereinafter referred to as “Data Recipient”) is obligated to
follow with respect to all STD and HIV/AIDS Case Reporting System data, and other personal
and confidential information, (as each of these types of data and information are defined
herein), disclosed to Data Recipient by the California Department of Public Health (CDPH)
(such STD and Enhanced HIV/AIDS Case Reporting System [eHARS] DATA AND OTHER
PERSONAL AND CONFIDENTIAL INFORMATION ARE ALSO REFERRED TO HEREIN
COLLECTIVELY AS “Protected Data”). This agreement covers Protected Data in any medium
(paper, electronic, oral) the Protected Data exist in. By entering into this agreement, CDPH and
Data Recipient desire to protect the privacy and provide for the security of all Protected Data in
compliance with all state and federal laws applicable to the protected Data. Permission to
receive and use Protected Data requires execution of this agreement that describes the terms,
conditions, and limitations of Data Recipient’s use of the Protected Data.
I. Definitions: For purposes of this agreement, the following definitions shall apply:
A. Breach: “Breach” means:
1. The acquisition, access, use, or disclosure of Protected Data, in any
medium (paper, electronic, oral), in violation of any state or federal law or
in a manner not permitted under this agreement, that compromises the
privacy, security, or integrity of the information. For purposes of this
definition, “compromises the privacy, security, or integrity of the
information” means to pose a significant risk of financial, reputational, or
other harm to an individual or individuals; or
2. The same as the definition of “breach of the security of the system” set
forth in California Civil Code section 1798.29(d).
B. Confidential Information: “Confidential Information” means information that:
1. Does not meet the definition of “public records” set forth in California
Government Code Section 6252, subdivision (e), or is exempt from
disclosure under any of the provisions of Section 6250, et seq. of the
California Government Code or any other applicable state or federal laws;
2. Meets the definition of “confidential public health record” set forth in
California Health and Safety Code Section 121035, subdivision (c); or
3. Is contained in documents, files, folders, books, or records that are clearly
labeled, marked, or designated with the word “confidential” by CDPH.
County of Fresno
Grant 19-10073
Page 2 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
C. Disclosure: “Disclosure” means the release, transfer, provision of, access to, or
divulging in any other manner of information. “Disclosure” includes the
disclosure, release, transfer, dissemination, or communication of all or any part of
any confidential research record orally, in writing, or by electronic means to any
person or entity, or providing the means for obtaining the records (California
Health and Safety Code Section 121035 and 121125).
D. eHARS Data: “eHARS data” means data in or from the central registry
maintained by CDPH of demographic, clinical, HIV risk behavior, vital status,
health facility, and administrative information on all reported HIV infections and
AIDS diagnoses in California, known as eHARS. “eHARS data” specifically
includes all information contained in or extracted from the following:
1. The CDPH HIV/AIDS Confidential Case Report Form, Adult (CDPH
8641A);
2. The CDPH HIV/AIDS Confidential Case Report Pediatric Form (CDPH
8641P);
3. Birth certificate document;
4. Death document
5. Laboratory document;
6. Pre-test document;
7. Post-test document;
8. Administrative data (document identification, system dates) from eHARS.
E. Personal Information: “Personal Information” means information that:
1. By itself, directly identifies, or uniquely describes an individual; or
2. Creates a substantial risk that it could be used in combination with other
information to indirectly identify or uniquely describe an individual, or link
an individual to the other information; or
3. Meets the definition of “personal information” set forth in California Civil
Code Section 1798.3, subdivision (a); or
4. Is one of the data elements set forth in California Civil Code Section
1798.29, subdivisions (e)(1), (2), or (3); or
County of Fresno
Grant 19-10073
Page 3 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
5. Meets the definition of “medical information” set forth in either California
Civil Code Section 1798.29, subdivision (f)(2) or California Civil Code
Section 56.05, subdivision (g); or
6. Meets the definition of “health insurance information” set forth in
California Civil Code section 1798.29, subdivision (f)(3).
F. Protected Data: “Protected Data” means data that consists of one or more of the
following types of information:
1. “eHARS Data,” as defined above; or
2. “Confidential Information,” as defined above; or
3. “Personal Information,” as defined above.
G. Security Incident: “Security Incident” means:
1. An attempted breach; or
2. The attempted or successful modification or destruction of Protected
Data, in violation of any state or federal law or in a manner not permitted
under this agreement; or
3. The attempted or successful modification or destruction of, or interference
with, Data Recipient’s system operations in an information technology
system, that negatively impacts the confidentiality, availability, or integrity
of Protected Data, or hinders or makes impossible Data Recipient’s
receipt, collection, creation, storage, transmission, or use of Protected
Data by Data Recipient pursuant to this agreement.
H. Use: “Use” means the sharing, employment, application, utilization, examination,
or analysis of information.
II. Background and Purpose: The CDPH Office of AIDS (OA) is designated by the
California Health and Safety Code Section 131019 as the lead agency for coordinating
state programs, services, and activities relating to HIV/AIDS. The primary mission of OA
is to assess, prevent, and interrupt the transmission of HIV and to provide for the needs
of infected Californians by identifying the scope and extent of HIV infection, providing for
the needs which it creates, and disseminating timely and complete information. OA is
responsible for oversight of HIV/AIDS case reporting in California and as such, maintains
eHARS, a confidential, central registry of demographic and clinical information on all
reported HIV infections and AIDS diagnoses in California. Case counts generated by
County of Fresno
Grant 19-10073
Page 4 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
this reporting system are used to inform funding allocations for such programs and
activities as the Ryan White Program, Federal Centers for Disease Control and
Prevention (CDC) prevention, and surveillance. The Health Resources and Services
Administration uses HIV and AIDS case counts to determine Ryan White funding levels.
Through Ryan White, California receives funding for a wide variety of health care and
support services, which identify and coordinate efforts to assist California’s most
vulnerable HIV-positive populations. eHARS collects data to support HIV/AIDS
surveillance according to CDC standards. Thus, the system is designed to collect,
organize, manage, store, and retrieve data CDC has identified as necessary to conduct
HIV/AIDS case surveillance statewide.
The purpose of this agreement is to permit exchange of eHARS information between
California’s local health jurisdictions and CDPH. This exchange is necessitated by
California Code of Regulations (Title 17, sections 2502, 2505, and 2641.5 through
2643.20), which dictates that case report information from laboratories and health care
providers is reportable to the local health officer who thereafter reports this information to
CDPH (a decentralized system). California’s decentralized eHARS thus facilitates local
as well as CDPH access to eHARS data to facilitate local care, prevention, and
surveillance activity, including local application to Federal Ryan White Part A funds and
locally tailored prevention services.
III. Legal Authority for Disclosure and Use of Protected Data: The legal authority for CDPH
to collect, use, and disclose Protected Data, and for Data Recipient to receive and use
Protected Data is as follows:
A, General Legal Authority:
List of Reportable Diseases and Conditions:
1. California Health and Safety Code Section 120130 provides in part as
follows: “The department shall establish a list of reportable diseases and
conditions. For each reportable disease and condition, the department
shall specify the timeliness of requirements related to the reporting of
each disease and condition, and the mechanisms required for, and the
content to be included in, reports made pursuant to this section. The list
of reportable diseases and conditions may include both communicable
and noncommunicable diseases. Those diseases listed as reportable
shall be properly reported as required to the department by the health
officer…..”
2. Title 17, California Code of Regulations, Section 2500, subdivision (g),
provides in part as follows: “Upon the State Department of Public
Health’s request, a local health department shall provide to the
department the information reported pursuant to this section…..”
County of Fresno
Grant 19-10073
Page 5 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
B. California HIV/AIDS-Specific Legal Authority:
1. Disclosure Permitted for Public Health Purposes: California Health and
Safety Code Section 121025, subdivision (a) provides as follows: “Public
health records relating to [HIV/AIDS], containing personally identifying
information, that were developed or acquired by state or local public
health agencies, or an agent of such an agency, shall be confidential and
shall not be disclosed, except as otherwise provided by law for public
health purposes…..”
2. Disclosure Permitted to Carry Out the Investigation, Control, or
Surveillance Duties of CDPH and Data Recipient: California Health and
Safety Code section 121025, subdivision (b), provides as follows: “In
accordance with subdivision (g) of Section 121022, a state or local public
health agency, or an agent of such an agency, may disclose personally
identifying information in public health records … to other local, state, or
federal public health agencies … when the confidential information is
necessary to carry out the duties of the agency … in the investigation,
control, or surveillance of disease, as determined by the state or local
public health agency.”
3. Further Disclosure Permitted For Public Health Purposes: California
Health and Safety Code Section 121025, subdivision (c) provides as
follows: “Except as provided in paragraphs (1) to (3), inclusive, any
disclosure authorized by subdivision (a) or (b) shall include only the
information necessary for the purpose of that disclosure and shall be
made only upon agreement that the information will be kept confidential
and will not be further disclosed without written authorization, as
described in subdivision (a)…..”
4. Only Minimum Necessary Disclosure Permitted: California Health and
Safety Code Section 121025, subdivision (c), provides as follows: “Any
disclosure authorized … shall include only the information necessary for
the purpose of that disclosure…..”
5. Agreement Required: California Health and Safety Code Section 121025,
subdivision (c), provides as follows: “[Disclosure] shall be made only
upon agreement that the information will be kept confidential and will not
be further disclosed without written authorization [by the subject of the
information]…..”
County of Fresno
Grant 19-10073
Page 6 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
6. No Liability for HIV/AIDS Reporting: California Health and Safety Code
Section 120980, subdivision (i), provides an exemption from liability for
disclosure of HIV/AIDS reporting: “Nothing in this section imposes liability
or criminal sanction for disclosure of an HIV test, as defined in subdivision
(c) of Section 120775, in accordance with any reporting requirement for a
case of HIV infection, including AIDS by the [California Department of
Public Health]…..”
7. AIDS Reporting: Title 17, California Code of Regulations, Section 2502,
subdivision (b), provides in part as follows: Title 17, California Code of
Regulations, Section 2502, subdivision (b), provides in part as follows:
Individual Case and Outbreak Reports: For the diseases listed below, the
local health officer shall prepare and send to the Department along with
the summary report described in (a) above an individual case or outbreak
report for each individual case/outbreak of those diseases which the
Department has identified as requiring epidemiological analysis reported
pursuant to Section 2500. At the discretion of the director, the required
individual case/outbreak report may be either a Confidential Morbidity
Report (PM-110 1/90), its electronic equivalent or a hard copy 8.5 x 11
inch individual case/outbreak report form. The Weekly Morbidity by Place
of Report form (DHS 8245 11/95) indicates which format to use. Each
individual case report shall include the following: 1) verification of
information reported pursuant to Section 2500; 2) information on the
probable source of infection, if known; 3) laboratory or radiologic findings,
if any; 4) clinical signs and/or symptoms, if applicable; and 5) any known
epidemiological risk factors….. “An individual case report is required for
the following diseases: Acquired Immune Deficiency Syndrome
(AIDS)…..”
8. HIV Infection Reporting:
a. California Health and Safety Code Section 121022, subdivision (a)
provides: “To ensure knowledge of current trends in the HIV
epidemic and to assure that California remains competitive for
federal HIV and AIDS funding, health care providers and
laboratories shall report cases of HIV infection to the local health
officer using patient names. Local health officers shall report
unduplicated HIV cases by name to the [California Department of
Public Health]”
County of Fresno
Grant 19-10073
Page 7 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
b. California Health and Safety Code Section 121022, subdivision (f)
provides: “State and local health department employees and
contractors shall be required to sign confidentiality agreement
developed by the department that include information related to
the penalties for a breach of confidentiality, and the procedures for
reporting a breach of confidentiality…..”
c. California Health and Safety Code section 121023, subdivision (a)
provides: “Subject to subdivision (b), each clinical laboratory, as
defined in Section 1206 of the Business and Professions Code,
shall report all CD4+ T-Cell Test results to the local health officer
for the local health jurisdiction where the health care provider
facility is located within seven days of the completion of the CD4+
T-Cell test…..”
d. Title 17, California Code of Regulations, Section 2643.15,
provides in part as follows: “The local health officer or his or her
authorized designee shall match and unduplicate laboratory
reports of confirmed HIV tests with the local health department
HIV/AIDS registry database and with HIV/AIDS case reports
received from health care providers and not entered into the
database. The health officer or his or her authorized designee
shall, within 45 calendar days of receipt of a laboratory report of a
confirmed HIV test, submit unduplicated HIV/AIDS case reports to
the Department.”
C. Health Insurance Portability and Accountability Act (HIPAA) Authority:
1. CDPH HIPAA Status: CDPH is a “hybrid entity” for purposes of
applicability of the federal regulations entitled, “Standards for Privacy of
Individually Identifiable Health Information,” (“Privacy Rule”) (Title 45,
Code of Federal Regulations, Part 160, 162 and 164) promulgated
pursuant to HIPAA (Title 42, United States Code, Sections 1320d –
1320d-8). All of the CDPH programs that collect, use, or disclose
Protected Data have been designated by CDPH as HIPAA-covered
“health care components” of CDPH. (Title 45, Code of Federal
Regulations, Section 164.504(c)(3)(iii).)
2. Parties Are “Public Health Authorities”: CDPH and Data Recipient are
each a “public health authority” as that term is defined in the Privacy Rule.
(Title 45, Code of Federal Regulations, Sections 164.501 and
164.512(b)(1)(i).)
County of Fresno
Grant 19-10073
Page 8 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
3. Protected Data Use and Disclosure Permitted by HIPAA: To the extent a
disclosure or use of Protected Data is a disclosure or use of “Protected
Health Information” (PHI) of an individual, as that term is defined in
Section 160.103 of Title 45, Code of Federal Regulations, the following
Privacy Rule provisions apply to permit such Protected Data disclosure
and/or use by CDPH and Data Recipient, without the consent or
authorization of the individual who is the subject of the PHI:
a. The HIPAA Privacy Rule creates a special rule for a subset of
public health disclosures whereby HIPAA cannot preempt state
law if, “[t]he provision of state law, including state procedures
established under such law, as applicable, provides for the
reporting of disease or injury, child abuse, birth, or death, or for
the conduct of public health surveillance, investigation, or
intervention."” (Title 45, Code of Federal Regulations, Section
160.203(c).) [NOTE: See Section IV.A and IV.B, above.]
b. A covered entity may disclose PHI to a “public health authority”
carrying out public health activities authorized by law (Title 45,
Code of Federal Regulations, Section 164.512(b).).
c. Other, non-public health-specific provisions of HIPAA may also
provide the legal basis for all or specific Protected Data uses and
disclosures.
IV. Disclosure Restrictions: The Data Recipient, and its employees or agents, shall protect
from unauthorized disclosure any Protected Data. The Data Recipient shall not disclose,
except as otherwise specifically permitted by this agreement, any Protected Data to
anyone other than CDPH, except if disclosure is allowed or required by state or federal
law.
V. Use Restrictions: The Data Recipient, and its employees or agents, shall not use any
Protected Data for any purpose other than carrying out the Data Recipient’s obligations
under the statutes and regulations set forth in Section IV, above, or as otherwise allowed
or required by state or federal law.
VI. Safeguards: Data Recipient shall implement administrative, physical, and technical
safeguards that reasonably and appropriately protect the privacy, confidentiality,
security, integrity, and availability of Protected Data, including electronic or computerized
Protected Data. The Data Recipient shall develop and maintain a written information
privacy and security program that includes administrative, technical, and physical
safeguards appropriate to the size and complexity of the Data Recipient’s operations
and the nature and scope of its activities in performing its legal obligations and duties
County of Fresno
Grant 19-10073
Page 9 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
(including performance of its duties and obligations under this agreement), and which
incorporates the requirements of Section VIII, Security, below. Data Recipient shall
provide CDPH with Data Recipient’s current and updated policies.
VII. Security: The Data Recipient shall take all steps necessary to ensure the continuous
security of all computerized data systems containing Protected Data. These steps shall
include, at a minimum:
A. Complying with all of the data system security precautions listed in the Data
Recipient Data Security Standards set forth in Attachment A to this agreement.
B. Providing a level and scope of security that is at least comparable to the level
and scope of security established by the Office of Management and Budget
(OMB) in OMB Circular No. A-130, Appendix III – Security of Federal Automated
Information Systems, which sets forth guidelines for automated information
systems in Federal agencies; and
In case of a conflict between any of the security standards contained in any of
the aforementioned sources of security standards, the most stringent shall apply.
The most stringent means that safeguards which provides the highest level of
protection to Protected Data from breaches and security incidents.
VIII. Security Officer: The Data Recipient shall designate a Security Officer to oversee its
compliance with this agreement and for communicating with CDPH on matters
concerning this agreement.
IX. Training: The Data Recipient shall provide training on its obligations under this
agreement, at its own expense, to all of its employees who assist in the performance of
Data Recipient’s obligations under this agreement, or otherwise use or disclose
Protected Data.
A. The Data Recipient shall require each employee who receives training to sign a
certification, indicating the employee’s name and the date on which the training
was completed.
B. The Data Recipient shall retain each employee’s written certifications for CDPH
inspection for a period of three years following contract termination.
X. Employee Discipline: Data Recipient shall discipline such employees and other Data
Recipient workforce members who intentionally violate any provisions of this agreement,
including, if warranted, by termination of employment.
County of Fresno
Grant 19-10073
Page 10 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
XI. Employee/Contractor Security and Confidentiality Agreement: Prior to accessing
protected data, Data Recipient employees and contractors will sign CDPH’s
confidentiality agreement, provide signed copies of these agreements to CDPH and
review these agreements annually as required by law (see Attachment B, “Agreement by
Employee/Contractor to Comply with Confidentiality Requirements” (CDPH 8689)).
XII. Breach and Security Incident Responsibilities:
A. Notification to CDPH of Breach or Security Incident: The Data Recipient shall
notify CDPH immediately by telephone call plus email or fax upon the
discovery of a breach (as defined in this agreement), or within 24 hours by
email or fax of the discovery of any security incident (as defined in this
agreement). Notification shall be provided to the CDPH Program Manager, the
CDPH Privacy Officer, and the CDPH Chief Information Security Officer, using
the contact information listed in Section XII(E), below. If the breach or security
incident occurs after business hours or on a weekend or holiday and involves
Protected Data in electronic or computerized form, notification to CDPH shall be
provided by calling the CDPH Information Technology Service Desk at the
telephone numbers listed in Section XII(E), below. For purposes of this section,
breaches and security incidents shall be treated as discovered by Data Recipient
as of the first day on which such breach or security incident is known to the Data
Recipient, or, by exercising reasonable diligence would have been known to the
Data Recipient. Data Recipient shall be deemed to have knowledge of a breach
or security incident if such breach or security incident is known, or by exercising
reasonable diligence would have been known, to any person, other than the
person committing the breach or security incident, who is an employee or agent
of the Data Recipient.
Data Recipient shall take:
1. Prompt corrective action to mitigate any risks or damages involved with
the breach or security incident and to protect the operating environment;
and
2. Any action pertaining to a breach required by applicable federal and state
laws, including, specifically, California Civil Code Section 1798.29.
B. Investigation of Breach: The Data Recipient shall immediately investigate such
breach or security incident, and within 72 hours of the discovery, shall inform the
CDPH Program Manager, the CDPH Privacy Officer, and the CDPH Chief
Information Security Officer of:
County of Fresno
Grant 19-10073
Page 11 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
1. What data elements were involved and the extent of the data involved in
the breach, including, specifically, the number of individuals whose
personal information was breached.
2. A description of the unauthorized persons known or reasonably believed
to have improperly used the Protected Data and/or a description of the
unauthorized persons known or reasonably believed to have improperly
accessed or acquired the Protected Data, or to whom it is known or
reasonably believed to have had the Protected Data improperly disclosed
to them.
3. A description of where the Protected Data is believed to have been
improperly used or disclosed.
4. A description of the probable causes of the breach or security incident.
5. Whether California Civil Code Section 1798.29 or any other federal or
state laws requiring individual notifications of breaches have been
triggered.
C. Written Report: The Data Recipient shall provide a written report of the
investigation to the CDPH Program Manager, the CDPH Privacy Officer, and the
CDPH Chief Information Security Officer within five working days of the discovery
of the breach or security incident. The report shall include, but not be limited to,
the information specified above, as well as a full, detailed corrective action plan,
including information on measures that were taken to halt and/or contain the
breach or security incident, and measures to be taken to prevent the recurrence
of such breach or security incident.
D. Notification to Individuals: If notification to individuals whose information was
breached is required under state or federal law, and regardless of whether Data
Recipient is considered only a custodian and/or non-owner of the Protected Data,
Data Recipient shall, at its sole expense, and at the sole election of CDPH,
either:
1. Make notification to the individuals affected by the breach (including
substitute notification), pursuant to the content and timeliness provisions
of such applicable state or federal breach notice of laws. The CDPH
Privacy Officer shall approve the time, manner, and content of any such
notifications, prior to the transmission of such notifications to the
individuals; or
2. Cooperate with and assist CDPH in its notification (including substitute
notification) to the individuals affected by the breach.
County of Fresno
Grant 19-10073
Page 12 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
E. CDPH Contact Information: To direct communications to the above-referenced
CDPH staff, the Data Recipient shall initiate contact as indicated herein. CDPH
reserves the right to make changes to the contact information below by giving
written notice to the Data Recipient. Said changes shall not require an
amendment to this agreement.
CDPH Program
Manager
CDPH Privacy Officer CDPH Chief Information
Security Officer
See the Scope of Work
exhibit for Program
Contract Manager
Privacy Officer
Privacy Office
Office of Legal Services
California Dept. of Public Health
1415 L Street, Suite 600
Sacramento, CA 95814
Email: privacy@cdph.ca.gov
Telephone: (877) 421-9634
Chief Information Security Officer
Information Security Office
California Dept. of Public Health
P.O. Box 997377, MS6302
Sacramento, CA 95899-7377
Email: cdphiso@cdph.ca.gov
Telephone: (855) 500-0016
XIII. Indemnification: Data Recipient shall indemnify, hold harmless, and defend CDPH from
and against any and all claims, losses, liabilities, damages, costs, and other expenses
(including attorney fees) that result from or arise directly or indirectly out of or in
connection with any negligent act or omission or willful misconduct of Data Recipient, its
officers, employees or agents relative to the Protected Data, including without limitation,
any violations of Data Recipient’s responsibilities under this agreement.
XIV. Term of Agreement: This agreement shall remain in effect for three years after the latest
signature date in the signature block below. After three years, this agreement will expire
without further action. If the parties wish to extend this agreement, they may do so by
reviewing, updating, and reauthorizing this agreement. The newly signed agreement
should explicitly supersede this agreement, which should be referenced by agreement
number and date in Section I of the new agreement. If one or both of the parties wish to
terminate this agreement prematurely, they may do so upon 30 days advance notice.
CDPH may also terminate this agreement pursuant to Section IV or XVII, below.
XV. Termination for Cause:
A. Termination Upon Breach: A breach by Data Recipient of any provision of this
agreement, as determined by CDPH, shall constitute a material breach of the
agreement and grounds for immediate termination of the agreement by CDPH.
At its sole discretion, CDPH may give Data Recipient 30 days to cure the breach.
County of Fresno
Grant 19-10073
Page 13 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
B. Judicial or Administrative Proceedings: Data Recipient will notify CDPH if it is
named as a defendant in a criminal proceeding related to a violation of this
agreement. CDPH may terminate the agreement if Data Recipient is found guilty
of a criminal violation related to a violation of this agreement. CDPH may
terminate the agreement if a finding or stipulation that the Data Recipient has
violated any security or privacy laws is made in any administrative or civil
proceeding in which the Data Recipient is a party or has been joined.
XVI. Return or Destruction of Protected Data on Expiration or Termination: On expiration or
termination of the agreement between Data Recipient and CDPH for any reason, Data
Recipient shall return or destroy the Protected Data. If return or destruction is not
feasible, Data Recipient shall explain to CDPH why, in writing, to the CDPH Program
Manager, the CDPH Privacy Officer, and the CDPH Chief Information Security Officer,
using the contact information listed in Section XIII(E), above.
A. Retention Required by Law: If required by state or federal law, Data Recipient
may retain, after expiration or termination, Protected Data for the time specified
as necessary to comply with the law.
B. Obligations Continue Until Return or Destruction: Data Recipient’s obligations
under this agreement shall continue until Data Recipient destroys the Protected
Data or returns the Protected Data to CDPH; provided, however, that on
expiration or termination of the agreement, Data Recipient shall not further use or
disclose the Protected Data except as required by state or federal law.
C. Notification of Election to Destroy Protected Data: If Data Recipient elects to
destroy the Protected Data, Data Recipient shall certify in writing, to the CDPH
Program Manager, the CDPH Privacy Officer, and the CDPH Chief Information
Security Officer, using the contact information listed in Section XIII(E), above,
that the Protected Data has been destroyed.
XVII. Amendment: The parties acknowledge that federal and state laws relating to information
security and privacy are rapidly evolving and that amendment of this agreement may be
required to provide for procedures to ensure compliance with such laws. The parties
specifically agree to take such action as is necessary to implement new standards and
requirements imposed by regulations and other applicable laws relating to the security or
privacy of Protected Data. Upon CDPH request, Data Recipient agrees to promptly
enter into negotiations with CDPH concerning an amendment to this agreement
embodying written assurances consistent with new standards and requirements imposed
by regulations and other applicable laws. CDPH may terminate this agreement upon 30
days written notice in the event:
County of Fresno
Grant 19-10073
Page 14 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
A. Data Recipient does not promptly enter into negotiations to amend this
agreement when requested by CDPH pursuant to this section; or
B. Data Recipient does not enter into an amendment providing assurances
regarding the safeguarding of Protected Data that CDPH in its sole discretion
deems sufficient to satisfy the standards and requirements of applicable laws and
regulations relating to the security or privacy of Protected Data.
XVIII. Assistance in Litigation or Administrative Proceedings: Data Recipient shall make itself
and any employees or agents assisting Data Recipient in the performance of its
obligations under this agreement available to CDPH at no cost to CDPH to testify as
witnesses, or otherwise, in the event of litigation or administrative proceedings being
commenced against CDPH, its director, officers, or employees based upon claimed
violation of laws relating to security and privacy, which involves inactions or actions by
the Data Recipient, except where Data Recipient or its employee or agent is a named
adverse party.
XIX. Disclaimer: CDPH makes no warranty or representation that compliance by Data
Recipient with this agreement will be adequate or satisfactory for Data Recipient’s own
purposes or that any information in Data Recipient’s possession or control, or
transmitted or received by Data Recipient, is or will be secure from unauthorized use or
disclosure. Data Recipient is solely responsible for all decisions made by Data Recipient
regarding the safeguarding of Protected Data.
XX. Transfer of Rights: Data Recipient has no right and shall not subcontract, delegate,
assign, or otherwise transfer or delegate any of its rights or obligations under this
agreement to any other person or entity. Any such transfer of rights shall be null and
void.
XXI. No Third-Party Beneficiaries: Nothing expresses or implied in the terms and conditions
of this agreement is intended to confer, nor shall anything herein confer, upon any
person other than CDPH or Data Recipient and their respective successors or
assignees, any rights, remedies, obligations, or liabilities, whatsoever.
XXII. Interpretation: The terms and conditions in this agreement shall be interpreted as
broadly as necessary to implement and comply with regulations and applicable State
and Federal laws. The parties agree that any ambiguity in the terms and conditions of
this agreement shall be resolved in favor of a meaning that complies and is consistent
with federal and state laws.
XXIII. Survival: The respective rights and obligations of Data Recipient under Sections VII,
VIII, and XII of this agreement shall survive the termination or expiration of this
agreement.
County of Fresno
Grant 19-10073
Page 15 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
XXIV. Entire Agreement: This agreement constitutes the entire agreement between CDPH and
Data Recipient. Any and all modifications of this agreement must be in writing and
signed by all parties. Any oral representations or agreements between the parties shall
be of no force or effect.
XXV. Severability: The invalidity in whole or in part of any provisions of this agreement shall
not void or affect the validity of any other provisions of this agreement.
County of Fresno
Grant 19-10073
Page 16 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
Attachment A
Data Recipient Data Security Standards
1. General Security Controls
A. Confidentiality Statement. All persons that will be working with CDPH PCI
must sign a confidentiality statement. The statement must include at a minimum,
General Use, Security and Privacy safeguards, Unacceptable Use, and
Enforcement Policies. The statement must be signed by the workforce member
prior to access to CDPH PCI. The statement must be renewed annually. The
Contractor shall retain each person’s written confidentiality statement for CDPH
inspection for a period of three (3) years following contract termination.
B. Background check. Before a member of the Contractor’s workforce may
access CDPH PCI, Contractor must conduct a thorough background check of
that worker and evaluate the results to assure that there is no indication that the
worker may present a risk for theft of confidential data. The Contractor shall
retain each workforce member’s background check documentation for a period of
three (3) years following contract termination.
C. Workstation/Laptop encryption. All workstations and laptops that process
and/or store CDPH PCI must be encrypted using a FIPS 140-2 certified
algorithm, such as Advanced Encryption Standard (AES), with a 128-bit key or
higher. The encryption solution must be full disk unless approved by the CDPH
Information Security Office.
D. Server Security. Servers containing unencrypted CDPH PCI must have
sufficient administrative, physical, and technical controls in place to protect that
data, based upon a risk assessment/system security review.
E. Minimum Necessary. Only the minimum necessary amount of CDPH PCI
required to perform necessary business functions may be copied, downloaded,
or exported.
F. Removable media devices. All electronic files that contain CDPH PCI data
must be encrypted when stored on any removable media or portable device (i.e.
USB thumb drives, floppies, CD/DVD, smart devices tapes etc.). PCI must be
encrypted using a FIPS 140-2 certified algorithm, such as Advanced Encryption
Standard (AES), with a 128bit key or higher
G. Antivirus software. All workstations, laptops and other systems that process
and/or store CDPH PCI must install and actively use a comprehensive anti-virus
software solution with automatic updates scheduled at least daily.
County of Fresno
Grant 19-10073
Page 17 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
H. Patch Management. All workstations, laptops and other systems that process
and/or store CDPH PCI must have operating system and application security
patches applied, with system reboot if necessary. There must be a documented
patch management process which determines installation timeframe based on
risk assessment and vendor recommendations. At a maximum, all applicable
patches must be installed within 30 days of vendor release.
I. User IDs and Password Controls. All users must be issued a unique user
name for accessing CDPH PCI. Username must be promptly disabled, deleted,
or the password changed upon the transfer or termination of an employee with
knowledge of the password. Passwords are not to be shared, must be at least
eight characters, must be a non-dictionary word, must not be stored in readable
format on the computer, must be changed every 60 days, must be changed if
revealed or compromised, and must be composed of characters from at least
three of the following four groups from the standard keyboard:
• Upper case letters (A-Z)
• Lower case letters (a-z)
• Arabic numerals (0-9)
• Non-alphanumeric characters (punctuation symbols)
J. Data Sanitization. All CDPH PCI must be sanitized using NIST Special
Publication 800-88 standard methods for data sanitization when the CDPH PCI is
no longer needed.
2. System Security Controls
A. System Timeout. The system must provide an automatic timeout, requiring
reauthentication of the user session after no more than 20 minutes of inactivity.
B. Warning Banners. All systems containing CDPH PCI must display a warning
banner each time a user attempts access, stating that data is confidential,
systems are logged, and system use is for business purposes only. User must
be directed to log off the system if they do not agree with these requirements.
C. System Logging. The system must maintain an automated audit trail that can
identify the user or system process which initiates a request for CDPH PCI, or
which alters CDPH PCI. The audit trail must be date and time stamped, must log
both successful and failed accesses, must be read only, and must be restricted
to authorized users. This logging must be included for all user privilege levels
including, but not limited to, systems administrators. If CDPH PCI is stored in a
database, database logging functionality must be enabled. Audit trail data must
be archived for at least 3 years after occurrence.
County of Fresno
Grant 19-10073
Page 18 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
D. Access Controls. The system must use role based access controls for all user
authentications, enforcing the principle of least privilege.
E. Transmission encryption. All data transmissions of CDPH PCI outside the
contractor’s secure internal network must be encrypted using a FIPS 140-2
certified algorithm, such as Advanced Encryption Standard (AES), with a 128-bit
key or higher. Encryption can be end to end at the network level, or the data files
containing CDPH PCI can be encrypted. This requirement pertains to any type
of CDPH PCI in motion such as website access, file transfer, and E-Mail.
F. Intrusion Detection. All systems involved in accessing, holding, transporting,
and protecting CDPH PCI that are accessible via the Internet must be protected
by a comprehensive intrusion detection and prevention solution.
3. Audit Controls
A. System Security Review. All systems processing and/or storing CDPH PCI
must have at least an annual system risk assessment/security review which
provides assurance that administrative, physical, and technical controls are
functioning effectively and providing adequate levels of protection. Reviews shall
include vulnerability scanning tools.
B. Log Reviews. All systems processing and/or storing CDPH PCI must have a
routine procedure in place to review system logs for unauthorized access.
C. Change Control. All systems processing and/or storing CDPH PCI must have a
documented change control procedure that ensures separation of duties and
protects the confidentiality, integrity and availability of data.
4. Business Continuity / Disaster Recovery Controls
A. Disaster Recovery. Contractor must establish a documented plan to enable
continuation of critical business processes and protection of the security of
electronic CDPH PCI in the event of an emergency. Emergency means any
circumstance or situation that causes normal computer operations to become
unavailable for use in performing the work required under this agreement for
more than 24 hours.
B. Data Backup Plan. Contractor must have established documented procedures
to securely backup CDPH PCI to maintain retrievable exact copies of CDPH PCI.
The backups shall be encrypted. The plan must include a regular schedule for
making backups, storing backups offsite, an inventory of backup media, and the
amount of time to restore CDPH PCI should it be lost. At a minimum, the
County of Fresno
Grant 19-10073
Page 19 of 19
Exhibit F
CALIFORNIA STD AND ENHANCED HIV/AIDS CASE REPORTING
SYSTEM DATA USE AND DISCLOSURE AGREEMENT
schedule must be a weekly full backup and monthly offsite storage of CDPH
data.
5. Paper Document Controls
A. Supervision of Data. CDPH PCI in paper form shall not be left unattended at
any time, unless it is locked in a file cabinet, file room, desk or office.
Unattended means that information is not being observed by an employee
authorized to access the information. CDPH PCI in paper form shall not be left
unattended at any time in vehicles or planes and shall not be checked in
baggage on commercial airplanes.
B. Escorting Visitors. Visitors to areas where CDPH PCI is contained shall be
escorted and CDPH PHI shall be kept out of sight while visitors are in the area.
C. Confidential Destruction. CDPH PCI must be disposed of through confidential
means, using NIST Special Publication 800-88 standard methods for data
sanitization when the CDPH PSCI is no longer needed.
D. Removal of Data. CDPH PCI must not be removed from the premises of the
Contractor except with express written permission of CDPH.
E. Faxing. Faxes containing CDPH PCI shall not be left unattended and fax
machines shall be in secure areas. Faxes shall contain a confidentiality
statement notifying persons receiving faxes in error to destroy them. Fax
numbers shall be verified with the intended recipient before sending.
F. Mailing. CDPH PCI shall only be mailed using secure methods. Large volume
mailings of CDPH PHI shall be by a secure, bonded courier with signature
required on receipt. Disks and other transportable media sent through the mail
must be encrypted with a CDPH approved solution, such as a solution using a
vendor product specified on the CALIFORNIA STRATEGIC SOURCING
INITIATIVE.
STATE OF CALIFORNIA
CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT
DGS OLS 04 (Rev . 01/17 )
DEPARTMENT OF GENERAL SERVICES
OFFICE OF LEGAL SERVICES
Pursuant to Public Contract Code section 2010 , a person that submits a bid or proposal to , or
otherwise proposes to enter into or renew a contract with , a state agency with respect to any
contract in the amount of $100 ,000 or above shall certify , under penalty perjury , at the t ime the
bid or proposal is submitted or the contract is renewed, all of the following :
1. CALIFORNIA CIVIL RIGHTS LAWS : For contracts executed or renewed after January 1,
2017 , the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil
Code) and the Fa ir Employment and Housing Act (Sect ion 12960 of the Government Code);
and
2 . EMPLOYER DISCRIMINATORY POLICIES : For contracts executed or renewed after
January 1, 2017 , if a Contractor has an internal policy against a sovereign nation or peoples
recognized by the United States government, the Contractor certifies that such policies are not
used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair
Employment and Hous ing Act (Section 12960 of the Government Code).
CERTIFICATION
r-------------------------------------------------------,----------------------, I, the official named below, certify under penalty of pe rjury under I Federal ID Number 1
the laws of the State of California that the foregoing is true and ! !
correct. I I
I I
I I
I I
Proposer/Bidder Firm Name (Printed) 1---1
County of Fresno I I
I I ~--------------------------------------------------------L...----------------------;
1 By (Authorized Signature) 1
I I
I ~ I ~ Printed Name and Title ~~------------------------~
I I
I Ernest Buddy Mendes , Chairman of the Board of Supervisors of the County of Fresno I
I I r--------------------------------r----------------------------------------------1
1 Date Executed , Executed in the County and State of 1
I I I
! ~\4'1.vU) ! Fresno California !
L ________________________________ L ______________________________________________ J
ATTEST:
BERNICE E . SEIDEL
Clerk of the Board of Superv iso rs
Cou ~ Fr1:_sno,g Ca liforn ia
By ~~...)
Depu
Contractor Certification Clause
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am
duly authorized to legally bind the prospective Contractor to the clause(s) listed
below . This certification is made under the laws of the State of California .
Contractor/Bidder Firm Name (Printed)
County of Fresno
By (Authorized Signature)
Federal ID Number
Ernest Buddy Mendes , Chairman of the Board of Supervisors of the County of Fresno
Date Executed
CONTRACTOR CERTIFICATION CLAUSES
STATEMENT OF COMPLIANCE:
Executed in the County of
Fresno
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
County f Frespo , State of Californ ia
Contractor has, unless exempted , complied with the nondiscrimination program
requirements. (GC 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to
public entities.)
DRUG -FREE WORKPLACE REQUIREMENT S:
Contractor will comply w ith the requirements of the Drug-Free Workplace Act of
1990 and will provide a drug-free workplace by taking the following actions:
a) Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation , possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations .
b) Establish a Drug-Free Awareness Program to inform employees about:
1. the dangers of drug abuse in the workplace;
2. the person's or organization's policy of maintaining a drug-free workplace;
3. any available counseling, rehabilitation and employee assistance
programs; and,
4.penalties that may be imposed upon employees for drug abuse violations.
c)Provide that every employee who works on the proposed Agreement will:
1.receive a copy of the company's drug-free policy statement; and,
2.agree to abide by the terms of the company's statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both and Contractor may
be ineligible for award of any future State agreements if the department
determines that any of the following has occurred: (1) the Contractor has made
false certification, or violated the certification by failing to carry out the
requirements as noted above. (GC 8350 et seq.) NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Contractor certifies that no more than one (1) final unappealable finding of
contempt of court by a Federal court has been issued against Contractor within the
immediately preceding two-year period because of Contractor's failure to comply
with an order of a Federal court which orders Contractor to comply with an order of
the National Labor Relations Board. (PCC 10296) (Not applicable to public
entities.) CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that contractor will comply with the requirements of
Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of
hours of pro bono legal services during each year of the contract equal to the
lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in
the State, with the number of hours prorated on an actual day basis for any
contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state
contract for legal services, and may be taken into account when determining the
award of future contracts with the State for legal services. EXPATRIATE CORPORATIONS:
Contractor hereby declares that it is not an expatriate corporation or subsidiary of
an expatriate corporation within the meaning of Public Contract Code Section
10286 and 10286.1, and is eligible to contract with the State of California. SWEATFREE CODE OF CONDUCT:
a.All Contractors contracting for the procurement or laundering of apparel,
garments or corresponding accessories, or the procurement of equipment,
materials, or supplies, other than procurement related to a public works
contract, declare under penalty of perjury that no apparel, garments or
corresponding accessories, equipment, materials, or supplies furnished to
the state pursuant to the contract have been laundered or produced in
whole or in part by sweatshop labor, forced labor, convict labor, indentured
labor under penal sanction, abusive forms of child labor or exploitation of
children in sweatshop labor, or with the benefit of sweatshop labor, forced
labor, convict labor, indentured labor under penal sanction, abusive forms of
child labor or exploitation of children in sweatshop labor. The contractor
further declares under penalty of perjury that they adhere to the Sweatfree
Code of Conduct as set forth on the California Department of Industrial
Relations website and Public Contract Code Section 6108.
b.The contractor agrees to cooperate fully in providing reasonable access to
the contractor’s records, documents, agents or employees, or premises if
reasonably required by authorized officials of the contracting agency, the
Department of Industrial Relations, or the Department of Justice to
determine the contractor’s compliance with the requirements under
paragraph (a).DOMESTIC PARTNERS:
For contracts of $100,000 or more, Contractor certifies that Contractor is in
compliance with Public Contract Code section 10295.3. GENDER IDENTITY:
For contracts of $100,000 or more, Contractor certifies that Contractor is in
compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California. CONFLICT OF INTEREST:
Contractor needs to be aware of the following provisions regarding current or former state
employees. If Contractor has any questions on the status of any person rendering services
or involved with the Agreement, the awarding agency must be contacted immediately for
clarification.
a)Current State Employees (PCC 10410):
1.No officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives
compensation or has a financial interest and which is sponsored or
funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2.No officer or employee shall contract on his or her own behalf as an
independent contractor with any state agency to provide goods or
services.
b)Former State Employees (PCC 10411):
1.For the two-year period from the date he or she left state
employment, no former state officer or employee may enter into a
contract in which he or she engaged in any of the negotiations,
transactions, planning, arrangements or any part of the decision-
making process relevant to the contract while employed in any
capacity by any state agency.
2. For the twelve-month period from the date he or she left state
employment, no former state officer or employee may enter into a
contract with any state agency if he or she was employed by that
state agency in a policy-making position in the same general
subject area as the proposed contract within the 12-month period
prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by
Contractor shall render this Agreement void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment of each meeting of the board or commission,
payment for preparatory time and payment for per diem. (PCC 10430 (e)) LABOR CODE/WORKERS' COMPENSATION:
Contractor needs to be aware of the provisions which require every employer to be
insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions, and Contractor affirms to comply with such
provisions before commencing the performance of the work of this Agreement.
(Labor Code Section 3700) AMERICANS WITH DISABILITIES ACT:
Contractor assures the State that it complies with the Americans with Disabilities
Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well
as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C.
12101 et seq.) CONTRACTOR NAME CHANGE:
An amendment is required to change the Contractor's name as listed on this
Agreement. Upon receipt of legal documentation of the name change the State will
process the amendment. Payment of invoices presented with a new name cannot
be paid prior to approval of said amendment. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a) When agreements are to be performed in the state by corporations, the
contracting agencies will be verifying that the contractor is currently qualified
to do business in California in order to ensure that all obligations due to the
state are fulfilled.
b) "Doing business" is defined in R&TC Section 23101 as actively engaging in
any transaction for the purpose of financial or pecuniary gain or profit.
Although there are some statutory exceptions to taxation, rarely will a
corporate contractor performing within the state not be subject to the
franchise tax.
c) Both domestic and foreign corporations (those incorporated outside of
California) must be in good standing in order to be qualified to do business
in California. Agencies will determine whether a corporation is in good
standing by calling the Office of the Secretary of State. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy
of a resolution, order, motion, or ordinance of the local governing body which by
law has authority to enter into an agreement, authorizing execution of the
agreement. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Contractor shall not be: (1) in violation of any order or
resolution not subject to review promulgated by the State Air Resources Board or
an air pollution control district; (2) subject to cease and desist order not subject to
review issued pursuant to Section 13301 of the Water Code for violation of waste
discharge requirements or discharge prohibitions; or (3) finally determined to be in
violation of provisions of federal law relating to air or water pollution. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all contractors that are not another state agency
or other government entity.
California Department of Public Health
Name/No.: Core STD Management Program Grant (State Agreement No. 19-10073)
Fund/Subclass: 0001/10000
Organization #: 56201661
Revenue Account #: 3530