HomeMy WebLinkAboutSTATE DPH-California Perinatal Equity Initiative_A-21-453.pdf CO Count of Fresno Hall of Records, Room 301
ti U�
2281 Tulare Street
Fresno,California
Board of Supervisors 93721-2198
O� 185 Telephone: (559)600-3529
FR-f s't) Minute Order Toll Free: 1-800-742-1011
www.co.fresno.ca.us
November 2, 2021
Present: 5- Chairman Steve Brandau, Supervisor Nathan Magsig, Supervisor Buddy Mendes, Vice
Chairman Brian Pacheco, and Supervisor Sal Quintero
Agenda No. 36. Public Health File ID: 21-0959
Re: Approve and authorize the Chairman to execute a retroactive revenue Agreement with the California
Department of Public Health for the California Perinatal Equity Initiative, effective July 1, 2021 through
June 30, 2023, total not to exceed$1,191,288; and approve and authorize the Director of the
Department of Public Health, or designee,to execute the State Contractor's Release Form for the final
invoice
APPROVED AS RECOMMENDED
Ayes: 5- Brandau, Magsig, Mendes, Pacheco,and Quintero
Agreement No.21-453
County of Fresno Page 37
co
Board Agenda Item 36
O 1856 O
FRS"
DATE: November 2, 2021
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: Retroactive Revenue Agreement with the California Department of Public Health
RECOMMENDED ACTION(S):
1. Approve and authorize the Chairman to execute a retroactive revenue Agreement with the
California Department of Public Health for the California Perinatal Equity Initiative, effective
July 1,2021 through June 30,2023,total not to exceed $1,191,288; and
2. Approve and authorize the Director of the Department of Public Health, or designee,to
execute the State Contractor's Release Form for the final invoice.
There is no additional Net County Cost associated with the recommended actions. Approval of the first
recommended action will provide the Department of Public Health (Department)with funding from the
California Department of Public Health (CDPH)to continue implementation of the California Perinatal Equity
Initiative (PEI) in the County. The funding will support local perinatal equity activities to fill gaps in current
services and assist with implementation of a collective impact effort to reduce African American infant
mortality. Approval of the second recommended action will allow the Department Director, or designee, to
execute the State Contractor's Release Form for submittal with the final invoice to the State. This item is
countywide.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. Should your Board not approve the recommended action, the
Department would not be able to accept the CDPH funds nor implement the PEI in the County,which would
result in less work completed to address the causes of persistent inequality in perinatal health and provide
best practices to eliminate disparities in infant mortality.
RETROACTIVE AGREEMENT:
The recommended Agreement was received from CDPH on July 27, 2021 and is retroactive to July 1, 2021.
The time required to prepare and review the agreement did not allow presentation to your Board at an earlier
date.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. CDPH will provide
$1,191,288 to fund community activities, contract costs, and some staffing activities related to PEI
implementation. There are no pending invoices associated with the recommended agreement. Sufficient
appropriations and estimated revenues are included in the Department's Org 5620 FY 2021-22 Adopted
Budget and will be included in subsequent budget requests.
County of Fresno Page 1 File Number.21-0959
File Number:21-0959
DISCUSSION:
On May 26, 2020, the Board approved an agreement with CDPH to receive funding supporting the local PEI
effort to reduce African American infant mortality. Approval of the first recommended action will provide the
Department with additional funding from CDPH to continue implementation of the PEI in the County. The
funding will continue to support subcontracts with community-based organizations (CBOs)to provide local
perinatal equity services, salary and benefits for one Department health educator, and activities for collective
impact in reducing African American infant mortality.
The PEI was established with CDPH funding awarded to 13 local county health departments with existing
Black Infant Health (BIH) Programs. BIH provides evidenced-informed interventions focused on social
support, stress management, and empowerment for pregnant and parenting moms to reduce African
American infant mortality. There is still much work to be done as the County's mortality rate for African
American infants continues to be 2.5 times higher than the statewide rates and 2.21 times higher than the
national rates for other groups.
Approval of the recommended agreement will allow the Department to utilize this CDPH funding to continue
PEI's activities and collaboration including, but not limited to:
• CBO collaboration to implement legislated PEI interventions that include fatherhood and doula
services,
• Monitoring program activities utilizing new interactive tools such as Clear Impact Scorecard to
incorporate Results-Based Accountability,
• Continued support of a PEI Community Advisory Board that engages local leaders and stakeholders
in discussing the needs and opportunities to reduce African American infant mortality, and
• Public Health Awareness Campaign to inform the community about African American birth outcome
inequities and drivers of these inequities.
The recommended agreement deviates from the County's standard contract language and contains no
insurance language or limits, nor the County's indemnification language. Approval of the second
recommended action will allow the Department Director, or designee, to execute the State Contractor's
Release Form for submittal with the final invoice to the State.
REFERENCE MATERIAL:
BAI #48, May 26, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Agreement with CA Department of Public Health
CAO ANALYST:
Ron Alexander
County of Fresno page 2 File Number.21-0959
State of California -Health and Human ServicesAgency-California Department of Public Health Agreement No. 21-453
CDPH 1229(09/2019)
CALIFORNIA Perinatal Equity Initiative
Awarded By
THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH,he reinafter"Department"
TO
{County of Fre s no},he re inafte r"Grante e"
Implementing the project, "(California Perinatal Equity Initiative)," hereinafter"Project"
GRANT AGREEMENT NUMBER21-10227
The Department awards this Grant and the Grantee accepts and agrees to use the Grant funds as
follows:
AUTHORITY: The Departmenthasauthorityto grantfunds for the Project
under Health and Safety Code, Section 12,3235.
The program may include the provision ofeducational,preventative,diagnostic and treathnentservices,including
medical care,hospitalization and other institutional care and aftercare,appliances and facilitating services directed
toward reducing infant mortality and improving the health ofmothers and children.The department maymake
grants or contracts oradvance funds fromany funds that are made available forthe purposes of the
Maternal and Child Health Program Act(Section 27).
(Added byStats.j995,Ch.415,Sec.8.Effective Januarys,1996.)
Health and Safety Code,Section 12 26o.
(a)Subject to an appropriation in the annual Budget Act for this purpose,the State Departmentof Public Health shall
establish the California Perinatal Equitylnitiative to expand the scope of interventions provided under the Black
Infant Health Program.The initiativeshall foster Community Centers of Cxcellence in perinatal health and promote
the use of interventions designed to fill gaps in current programming offered through the Black Infant Health
Program.
b)(r)As part of the initiative described in subdivision(a),the department shalldevelop a process to allocatefunds to
LIP to 15 county health departments,towork collaboratively with state and local Black Infant Health programs,for the
purpose of improving blackinfant birth outcomes and reducing infant mortality.
(Added byStats.2or8,Ch.34,Sec.22.(ABi8io)Effective June 27,2018.)
PURPOSE: The Department shall provide a grant to and for the benefit of the Grantee;the
purpose of the Grant is to obtain information from Local Health Jurisdictions (LHjs), who plan to
implement the Perinatal Equity Initiative(PEI), beginning fiscal year 2021-2022 and continuing
through 2022-2.023,to the Maternal,Child and Adolescent Health(MCAH) Division that
addresses the applicant's capacity to implement the PEI.This information will assist MCAH in
their responsibility to provide oversight,fidelity,standardization and accountability for the PEI.
GRANT AMOUNT: The maximum amount payable under this Grant shall not exceed
$1,191,288.00.
Page 1 of 4
State of California —Health and Human ServicesAgency—California Department of Public Health
CDPH 1229(09/2019)
TERM OF GRANTAGREEMENT: The term of the Grant shall begin on [July 1, 2021],and
terminates on [June 30,2023]. No funds maybe requested or invoiced for services performed or
costs incurred after June 30,2023.
PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant will be:
California Department of Public Health Grantee:County of Fresno]
Grant Manager:BrittanyAmanfor Name:Rose Mary Rahn
Address:1615 Capitol Avenue,Suite 73.560,MS 8305 Address:1221 Fulton Street
City,Zip:Sacramento,CA 95814 City ZIP: Fresno, CA 93721
Phone:(916)650-0396 Phone:(559)600-6340
Fax: (916)650-0307 Fax: (559)445-4705
E-mail:Brittany.Amanforna cdph.ca.gov E-mail:rrahnofresnocountyca.gov
Page 2 of 4
State of California —Health and Human Services Agency—California Department of Public Health
CDPH 1229(09/2019)
Direct all inquiries to:
California Department of Public Health, Grantee:[Countyof Fresno]
[Maternal and Infant Health Branch]
Attention:Nordia Williams Attention:Rose Mary Rahn
Address 1615 Capitol Avenue,Suite 73.540 Address:1221 Fulton Street
City,Zip:Sacramento,CA 95814 City,Zip:Fresno,CA 93721
Phone:(916)650-6405 Phone:(559)600-6340
Fax: Fax:(559)445-4705
E-mail:Nordia.Williams(a cdph.ca.gov E-mail:rrahnna fresnocountyca.gov
All payments from CDPH to the Grantee; shallbe sent to the following address: [Note:Remittance
Address must conform with the new FI$Cal system information in order to avoid payment delays]
Remittance Address
Grantee: [County of Fresno
Attention:Bruna Chavez
Address:P.O Box u800
City,Zip:Fresno,CA 93775
Phone:(559)600-6415
Fax
E-mail: dplibogV(d�fresnocoun1yca.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.
Page 3 of 4
State of Califamla Health and Human Services Agency—California Department of Public Health
CDPH 1229(09/20191
STANDARD PROVISIONS. The.following exhibits are attached and made a part of this Grant bythis
reference:
Exhibit A WORKPLAN
Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS
Exhibit C STANDARD GRANT CONDITIONS
Exhibit D ADDITIONAL PROVISIONS
Exhibit I; CONTRACTOR EQUIPMENT.PURCHASED WITHCDPH
Exhibit F INVENTORY/DISPOSITION OF CDPHFUNDEDEQUIPMENT
Exhibit G CONTRACTOR'S.RELEASE
GRANTEE REPRESENTATIONS:The.Grantee(s.)accept all terms,provisions,and conditions of this
grant, including those stat(Ain the Exhibits incorporated by reference above.The Grantee(s)shall
ful&llall assurances and commitments made in the application,declarations, other accompanying
documents,and-written communications (e.g.,e-mail, correspondence)filed in support o.fthe
request for grant.funding. The Grantee(s)shall.comply with and require its contractors and
subcontractors to comply with all applicable laws,policies,and regulations.
IN WITNESS THEREOF, the paities have executed this Grant on he dates set.forth below.
Executed By:
Date: }
Steve Brandau,Cl man of the Board of Supervisors
County of Fresno
17,2.1 Fulton Street
Fresno,CA 937x1
Date: 11/16/2021
osep Tor.rez,Ch .
Contracts and Purchasing Services Section
ATTEST: California Department of PublicHealth
BERNICE E.SEIDEL 1&6 Capitol Avenue, Suite 74.z6z
Clerk of the Board of Supervisors P.O. Box 997377,MS 1800-1804
Counl. f Fresno tate.of Gallfornia Sacramento, CA 95899`7577
8y
Deputy
Page 4 of 4
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County of Fresno
21-10227
Exhibit B
Budget Detail and Payment Provisions
1. Invoicing and Payment
A. The Grantee will be awarded a single lump sum payment of$595,644.00 upon execution of this
Grant Agreement for the services described in Exhibit A, Workplan. The second year lump sum
payment will be awarded upon submission and approval of Annual Report prior to invoicing for
funding in state fiscal year 2022-2023.This grantshall not exceed $1,191,288.00.
B. Invoices shall include the Grant Number and shall be submitted no more frequently than
annually to:
Brittany Amanfor
California Department of Public Health
Maternal, Child and Adolescent Health Division
1615 Capitol Avenue, Suite 73.560
Sacramento, CA 95814
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 are in accordance with Exhibit A Grant Application 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.
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.
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 Grantee to reflect the reduced
amount.
3. Prompt Payment Clause
A. Payment will be made in accordance with, and within the time specified in, Government Code
Chapter 4.5, commencing with Section 927.
Page 1 of 2
County of Fresno
21-10227
Exhibit B
Budget Detail and Payment Provisions
4. Timely Submission of Final Invoice
A. A final undisputed invoice shall be submitted for payment no more than 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 underthis 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.
5. Travel and Per Diem Reimbursement
A. Any reimbursement for necessary travel and per diem shall beat the rates currently in effect as
established by the California Departmentof Human Resources (CaIHR).
6. Lump Sum Payments
A. The Grantee will be awarded $595,644 for 2021-22,thereafter,the annual rate of$595,644 for
2022-2023 for the services described in Exhibit A, Workplan. An annual lump sum payment
shall be issued to Grantee by CDPH upon execution of the agreement.
The remainder of this page is intentionally left blank.
Page 2 of 2
County of Fresno
21-10227
Page 1of4
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. ASSIGNM ENT: 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. AUDIT: 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 allowthe 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. INDEM NIFICATION: 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 anyother 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
21-10227
Page 2 of 4
9. INCOM E 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 CONTRACTOR: 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. M EDIA EVENTS: Grantee shall notify the Departments 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 Departments Grant Manager in writing of any
events, developments or changes that could affectthe completion of the project or the budget
approved forthis Grant.
14. PROFESSIONALS: Grantee agrees that only licensed professionals will be used to perform
services under this Grantwhere 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 Request for Applications (Exhibit D)
and the Grant Application (Exhibit A).
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 directand indirectcosts; and,
E. Establish such accounts and maintain such records as may be necessaryfor the
state to fulfill federal reporting requirements,includingany and all reporting
requirements under federal taxstatutes or regulations.
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
County of Fresno
21-10227
Page 3 of 4
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 forfinancial 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 forfree 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.E"):
1) Grantee is responsible for ensuring that any publishing or copyright agreements
concerning submitted manuscripts fully complywith 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 manuscriptwill 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 and on an appropriate publicly accessible database
approved by the Department,including, but not limited to, the University of California's
eScholarship Repository at the California Digital Library, PubMed Central, or the
California Digital Open Source Library, to be made publicly available not later than 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 Departmentthat 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.
County of Fresno
21-10227
Page 4 of 4
4) For publications other than those described inparagraph B.3 above„ including
meeting abstracts, Grantee shall comply by providing the manuscript to the
Department not laterthan 12 months after the official date of publication.
5) Grantee is authorized to use grant moneyfor publication costs, including fees charged
by a publisher for color and page charges, or fees for digital distribution.
County of Fresno
21-10227
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 agreementand 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 requestof CDPH, the Grantee shall furnish copies of
all proposals, specifications, designs, procedures, layouts, copy, and other materials related
to the services or deliverables provided underthis Grant,whetherfinished 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.
Page 1 of 3
County of Fresno
21-10227
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,whetherany information, assertion or
claim received from any source indicates the existence of a real or apparent conflictof
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.
Page 2 of 3
County of Fresno
21-10227
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. Awritten 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 followthe 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, Chapter2, 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/orappeal
correspondence shall be directed to the CDPH Grant Manager.
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.
Page 3 of 3
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State of C al iforna—Health ad Hunan Sermces Agercy
Catiforria❑epartmad d Ptblic Health
Exhibit G
Contractor's Release
Instructionsto Contractor:
With final invoice(s)submitone(1)originaland one(1)copy. The original must bear the original signature of a person
authorized to bind the Contractor. The additional copy may bear photocopied signatures.
Submission of Final Invoice
Pursuant to contractnumber 21-10227 entered into between the California Department of Public Health (CDPH)
and the Contractor (identified below),the Contractor does acknowledge that final payment has been requested via invoice
numbers) , in the amount(s)of$ and dated
If necessary,enter "See Attached"in the appropriate blocks and attach a list of invoice numbers, dollar amounts and invoice dates.
Release of all Obligations
By signing this form,and upon receipt of the amount specified in the invoice number(s) referenced above, the Contractor does
hereby release and discharge the State, its officers,agents and employees of and from any and all liabilities, obligations, claims, and
demands whatsoever arising from the above referenced contract.
Repayments Due to Audit Exceptions/Record Retention
By signing this form,Contractor acknowledges that expenses authorized for reimbursement does not guarantee final allow ability of
said expenses. Contractor agrees that the amount of any sustained audit exceptions resulting from any subsequent audit made
after final payment willbe refunded to the State.
All expense and accounting records related to the above referenced contract must be maintained for audit purposes for no less than
three years beyond the date of final payment, unless a longer term is stated in said contract.
Recycled Product Use Certification
By signing this form,Contractor certifies under penalty of perjury that a minimum of 0%unless otherw ise specif ied in writing of post
consumer material, as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold
to the State regardless of whether it meets the requirements of Public Contract Code Section 12209. Contractor specifies that
printer or duplication cartridges offered or sold to the State comply w ith the requirements of Section 12156(e).
Reminderto Return State Equipment/Property(If Applicable)
(Applies only if equipment was provided by CDPH orpurchased with orreimbursed by contract funds)
Unless CDPH has approved the continued use and possession of State equipment (as defined in the above referenced contract)for
use in connection with another CDPH agreement, Contractor agrees to promptly initiate arrangements to account for and return said
equipment to CDPH, at CDPH's expense, if said equipment has not passed its useful life expectancy as defined in the above
referenced contract.
Patents/Other Issues
By signing this form,Contractor further agrees, in connection w ith patent matters and w ith any claims that are not specifically
released as set forth above, that it w ill comply with all of the provisions contained in the above referenced contract,including, but not
limited to, those provisions relating to notification to the State and related to the defense or prosecution of litigation.
ONLY SIGN AND DATE THIS DOCUMENT WHEN ATTACHING IT TO THE FINAL INVOICE
Contractor's Legal Name(ason contract): County of Fres
Signature of Contractor or Official Designee: Date: TJb V. a ,a.o 1 t
Printed Name/Title of Person Signing: � � ,,�,, � �Y�,Q, dLt2s�J
r
Distribution: Accounting(Original) Program ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
COPH2352(70� COJn n
y of Fres o,S to of Califc1mia
By _
Deputy
Contractor Certification Clause
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am
duly authorized to legally bind the prospective Contractor to the clause(s) listed
below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
County of Fresno
By (Authorized Sign ,cure)
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
County f Fresno, State of California
Printed Name and Title of Person Signing By cst ;
Deputy
Steve Brandau, Chairman of the Board of Supervisors of the County of Fresno
Date Executed Executed in the County of
Fresno
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that
no more than one (1) final unappealable finding of contempt of court by a Federal court
has been issued against Contractor within the immediately preceding two-year period
because of Contractor's failure to comply with an order of a Federal court, which orders
Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract
Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment, materials, or
supplies furnished to the state pursuant to the contract have been laundered or produced
in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor,
or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweatfree
Code of Conduct as set forth on the California Department of Industrial Relations website
located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises if reasonably
required by authorized officials of the contracting agency, the Department of Industrial
Relations, or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of$100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of$100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance of
the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies
with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued pursuant
to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing within
the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State
with a copy of a resolution, order, motion, or ordinance of the local governing body which
by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall
not be: (1) in violation of any order or resolution not subject to review promulgated by the
State Air Resources Board or an air pollution control district; (2) subject to cease and
desist order not subject to review issued pursuant to Section 13301 of the Water Code for
violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
Agreement Between the County of Fresno and California Department of
Public Health
Name: CDPH Perinatal Equity Initiative Grant Agreement No. 21-10227
Fund/Subclass: 0001/10000
Organization #: 56201715
Revenue Account#: 3530