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HomeMy WebLinkAboutSTATE DPH-Disease Intervention Specialist Workforce Development Program_A-22-283.pdf COU Y Count of Fresno Hall of Records,Room 301 2281 Tulare Street Fresno,California Board of Supervisors 93721-2198 O� 185G 0 Telephone: (559)600-3529 Minute Order Toll Free: 1-800-742-1011 www.co.fresno.ca.us June 21, 2022 Present: 5- Supervisor Steve Brandau, Supervisor Nathan Magsig, Supervisor Buddy Mendes, Chairman Brian Pacheco, and Vice Chairman Sal Quintero Agenda No. 68. Public Health File ID:22-0516 Re: Approve and authorize the Chairman to execute a retroactive revenue agreement with the California Department of Public Health, Sexually Transmitted Disease Control Branch,to expand,train,and sustain a response-ready disease intervention specialist workforce,effective July 1,2021 through December 31, 2025, total not to exceed$1,263,190 APPROVED AS RECOMMENDED Ayes: 5- Brandau, Magsig, Mendes, Pacheco,and Quintero Agreement No. 22-283 County of Fresno Page 71 co Board Agenda Item 68 O 185 O FRE�'� DATE: June 21, 2022 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Retroactive Revenue Agreement with California Department of Public Health for Disease Intervention Specialist Workforce RECOMMENDED ACTION(S): Approve and authorize the Chairman to execute a retroactive revenue agreement with the California Department of Public Health, Sexually Transmitted Disease Control Branch,to expand, train, and sustain a response-ready disease intervention specialist workforce, effective July 1, 2021 through December 31, 2025, total not to exceed$1,263,190. There is no additional Net County Cost associated with the recommended action. Approval of the recommended action will provide new funding from the California Department of Public Health (CDPH)to support the hiring, training, and retention activities for staffing focused on sexually transmitted diseases (STD), HIV, COVID-19, and other infectious disease prevention and response during the performance period. This item is countywide. ALTERNATIVE ACTION(S): There is no viable alternative action. Should your Board not approve the recommended grant agreement, the Department would not have the funding to hire and maintain the staff to conduct activities necessary to expand, train, and sustain a response-ready disease intervention specialist(DIS)workforce. RETROACTIVE REVENUE AGREEMENT: The recommended Agreement was received from CDPH on April 14, 2022 and is retroactive to July 1, 2021 and is being brought to your Board in accordance with the agenda item processing timelines. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended action. If approved, the grant will provide $252,638 annually for five years from July 1, 2021 through December 31, 2025, for a term maximum of$1,263,190. The Department will rollover the grant's full $252,638 Calendar Year 2021 allocation to Calendar Year 2022. CDPH allows full indirect cost recovery up to 25% of salaries and benefits. The Department's full indirect rate was 22.579% in FY 2021-22. There are no pending invoices related to this item.Additional appropriations and revenues will be included in subsequent budget requests for the Department's Org 5620. DISCUSSION: County of Fresno page 1 File Number:22-0516 File Number:22-0516 On October 25, 2021, the Department received notice from the CDPH of new funding available from the Centers for Disease Control and Prevention for local health departments to develop, expand, train, and sustain DIS workforce. This funding is pivotal in aiding the Department in hiring and maintaining the needed staff to manage the infectious diseases in the County. Approval of the recommended grant agreement will provide $1,263,190 in funding for five years from 2021 through 2025. These funds will allow the Department to increase disease investigation capacity, management and oversight of cases, as well as respond to outbreaks for STDs, HIV, Syphilis, and other communicable diseases for the duration of the Agreement. The recommended agreement deviates from the County's standard indemnification language and requires the County to indemnify the State in connection with the performance of the agreement. The grant provides funding for government public health response to COVID-19 and other infectious diseases by supporting activities necessary to expand, train and sustain a response-ready disease intervention specialist(DIS) workforce. Therefore, the department has determined the benefits of the revenue agreement to outweigh any potential risks. ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk- Revenue Agreement with CDPH CAO ANALYST: Ron Alexander County of Fresno page 2 File Number.22-0516 Agreement No. 22-283 State of California—Health and Human Services Agency—California Department of Public Health CDPH 1229 (09/2021) CALIFORNIA SEXUALLY TRANSMITTED DISEASE BRANCH STD Program Management Awarded By THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, hereinafter "Department" TO County of Fresno, hereinafter "Grantee" Implementing the "DIS Workforce Development," hereinafter "Project" GRANT AGREEMENT NUMBER 21-10553 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 award this Grant Agreement to and for the benefit of the Grantee; the purpose of the Grant is to conduct activities necessary to expand, train, and sustain a response-ready disease intervention specialist (DIS) workforce. GRANT AMOUNT: The maximum amount payable under this Grant Agreement shall not exceed the amount of$1,263,190. TERM OF GRANT AGREEMENT: The term of the Grant shall begin on July 1, 2021 and terminates on December 31, 2025. No funds may be requested or invoiced for services performed or costs incurred after December 31, 2025. 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, Assistant Branch Chief Name: Mary Morrisson STD Control Branch Division Manager Address: P.O. Box 997377, MS 7320 Address: P.O. Box 11867 City, ZIP: Sacramento, CA 95899-7377 City, ZIP: Fresno, CA 93775 Phone: (916) 552-9820 Phone: (559) 600-3006 E-mail: Karlo.Estacio(c),cdph.ca.gov E-mail: mmorrisson(a_fresnocoq[1 a.gov Page 1 of 3 State of California—Health and Human Services Agency—California Department of Public Health CDPH 1229 (09/2021) Direct all inquiries to the following representatives: California Department of Public Health, Grantee: County of Fresno STD Control Branch Attention: Christine Johnson, Grant Manager Attention: Jena Adams Address: P.O. Box 997377, MS 7320 Address: P.O. Box 11867 City, Zip: Sacramento, CA 95899-7377 City, Zip: Fresno, CA 93775 Phone: (916) 552-9796 Phone: (559) 600-3042 E-mail: Christine.Johnson(cb_cdph.ca.gov E-mail: jadams(a_fresnocountyca.gov All payments from CDPH to the Grantee; shall be sent to the following address: Remittance Address Grantee: County of Fresno Attention: "Cashier": Bruna Chavez Address: P.O. Box 11867 City, Zip: Fresno, CA 93775 Phone: (559) 600-6415 E-mail: dphboap(a).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 this agreement but must be maintained as supporting documentation. 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 and the STD 205 Payee Data Supplement which can be requested through the CDPH Project Representatives for processing. Page 2 of 3 State of California—Health and Human Services Agency—California Department of Public Health CDPH 1229 (09/2021) STANDARD GRANT PROVISIONS. The Grantee must adhere to all Exhibits listed and any subsequent revisions. The following Exhibits are attached hereto or attached by reference and made a part of this Grant Agreement: Exhibit A AWARD LETTER, FUNDING ALLOCATIONS/ALLOCATION PROCESS Note: Once the Grant Agreement has been fully executed, request for modifications/changes thereafterto the existing grant activities can be made by written notice by either party and must be approved by CDPH. This process does not require aformal amendment but must be agreed to by both parties in writing. Copies must be maintained by both parties. Such modifications/changes must be made 30 days prior to implementation.A written amendment is required when there is an increase or decrease in funding or a change in the term of the agreement. Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS Exhibit C STANDARD GRANT CONDITIONS Exhibit D ADDITIONAL PROVISIONS Exhibit E INFORMATION PRIVACY AND SECURITY REQUIREMENTS Exhibit F FEDERAL TERMS AND CONDITIONS GRANTEE REPRESENTATIONS: The Grantee(s) accept all terms, provisions,and conditions of this grant, including those stated in the Exhibits incorporated by reference above.The Grantee(s) shall fulfill all assurances and commitments made in the application,declarations, other accompanying documents, and written communications(e.g., e-mail, correspondence)filed in support of the 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 parties have executed this Grant on the dates set forth below. Executed By: L Date: �/21 ZZ Brian Pacheco Chairman of the Board of Supervisors of the County of Fresno 2281 Tulare Street, #300 Fresno, CA 93721 Date: 7-29-22 Javier Sandoval, Chief Contracts Management Unit California Department of Public Health 1616 Capitol Avenue, Suite 74.262 P.O. Box 997377, MS 1800-1804 ATTEST: Sacramento, CA 95899-7377 BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno, state of California Page 3 of 3 Depu State of California—Health and Human Services Agency �• `� California Department of Public Health !)COPH �irroaN��•�, TOMAS J.ARAGON,MD,DrPH GAVIN NEWSOM Director andState Public Fbalth Officer Governor ExhibitA Letter of Award December 30, 2021 TO: CALIFORNIA LOCAL HEALTH JURISDICTIONS SUBJECT: DISEASE INTERVENTION SPECIALIST WORKFORCE DEVELOPMENT GRANT The California Department of Public Health (CDPH), Sexually Transmitted Disease Control Branch (STDCB) is pleased to announce the availability of approximately$10 million in Centers for Disease Control and Prevention (CDC) Federal Funds starting in fiscal year(FY)2021-22for the support of governmental public health response to COVID-19 and other infectious diseases. This funding opportunity is made possible through afederal grant award the CDC has issued through a supplement to PS19-1901, Strengthening STD Prevention and Control for Health Departments (STD PCHD), Catalog of Federal Domestic Assistance (CFDA)#93.977. Counties of San Francisco and Los Angeles are separately funded underthe STD PCHD grant and were not included in local health jurisdiction (LHJ) allocations described in this letter. The overall goal of the funding is to develop, expand,train, and sustain the disease intervention specialists (DIS)workforce. Funding is intended to hire personnel to address projected jurisdictional sexually transmitted disease (STD), HIV, COVID-19, and other infectious disease prevention and response needs over the performance period. Hiring priority should be given to front-line public health workforce (DIS and DIS supervisors)with secondary focus on roles that support the success of frontline DIS response and outbreak efforts. For more information on the CDC DIS Workforce Development grant, please referto the funding guidance at: https://www.cdc.gov/std/funding/pchd/development-funding.htmi. Grantee activities will focus on the following key strategic targets: • Increased capacity to conduct disease investigation • Linkage to prevention and treatment • Case management and oversight • Outbreak response for STD, HIV, COVID-19 and other infectious diseases Funding availability in subsequent fiscal years will be determined by satisfactory recipient performance and is subject to the availability of appropriated funds and federal award. These funds will be made available to support the DIS workforce development on a yearly basis from July 1, 2021 through December 31, 2025. The amount of annual funding was allocated through a non-competitive formula using the United States Census Community Resilience Estimates. pAJAtre, CDPH STD Control Branch,MS 7320 • P.O. Box 997377 • Sacramento,CA 95899-7377 ``v �F"'Q; (916) 445-9860 • Internet Address:www.cdph.ca.gov 4 6 T r �o A summary of the DIS workforce funding allocation process, including the final annual allocation amounts for specific jurisdictions are available at: DIS Workforce Development. The funds must be used to provide allowable DIS workforce development activities at the local level. For guidance, please see Grant Activities at: DIS Workforce Development. All grantees must adhere to the Grant Activities, and any subsequent revisions, along with all instructions, policy memoranda, or directives issued by CDPH/STDCB. CDPH/STCB will make any changes and/or additions to these guidelines in writing and, whenever possible, notification of such changes shall be made 30 days prior to implementation. In order to receive these funds, you must return the following signed documents no later than close of business, January31, 2022. • Annual budgets forcalendar years 2021 through 2025 • Completed CDPH 9083 form The documents should be e-mailed to STDLHJContracts@cdph.ca.gov and include your agency's name in the subject line when you send the email to help us to easily identify which local health jurisdiction you represent. Please note that no funds are secured until the grant is fully executed. We look forward to collaborating with you to support this expansion of the DIS workforce. If you have any questions, please feel free to contact Christine Johnson by e-mail at Christine.Johnson()-cdph.ca.gov. Sincerely, KPA Alexia McGonagle, Acting Chief Business Operations Support Section STD Control Branch Enclosures cc: Kathleen Jacobson, MD, Chief, STD Control Branch Edwin Lopez, Chief, Disease Intervention Section, STD Control Branch Jessica Frasure-Williams, Chief, Program Development Section, STD Control Branch Cary Escovedo, Northern California Regional Capacity Building Coordinator, STD Control Branch Michelle Gonzales, Southern California Regional Capacity Building Coordinator, STD Control Branch Pike Long, Bay Area Regional Capacity Building Coordinator, STD Control Branch Sophie Lyons, Central Inland Regional Capacity Building Coordinator, STD Control Branch Exhibit A Funding Allocation Annual A • • • • • Year Alameda County* (excluding Berkeley) $302,953 $302,953 $302,953 $302,953 $302,953 $1,514,765 Alpine County** $100,143 $100,143 $100,143 $100,143 $100,143 $500,715 Amador County $105,149 $105,149 $105,149 $105,149 $105,149 $525,745 City of Berkeley $116,434 $116,434 $116,434 $116,434 $116,434 $582,170 Butte County $130,729 $130,729 $130,729 $130,729 $130,729 $653,645 Calaveras County $106,278 $106,278 $106,278 $106,278 $106,278 $531,390 Colusa County $102,475 $102,475 $102,475 $102,475 $102,475 $512,375 Contra Costa County $243,353 $243,353 $243,353 $243,353 $243,353 $1,216,765 Del Norte County $102,976 $102,976 $102,976 $102,976 $102,976 $514,880 El Dorado County $120,336 $120,336 $120,336 $120,336 $120,336 $601,680 Fresno County $252,638 $252,638 $252,638 $252,638 $252,638 $1,263,190 Glenn County $103,477 $103,477 $103,477 $103,477 $103,477 $517,385 Humboldt County $116,968 $116,968 $116,968 $116,968 $116,968 $584,840 Imperial County $130,516 $130,516 $130,516 $130,516 $130,516 $652,580 In o County $102,480 $102,480 $102,480 $102,480 $102,480 $512,400 Kern County $225,296 $225,296 $225,296 $225,296 $225,296 $1,126,480 Kings County $120,080 $120,080 $120,080 $120,080 $120,080 $600,400 Lake County $108,490 $108,490 $108,490 $108,490 $108,490 $542,450 Lassen County $102,830 $102,830 $102,830 $102,830 $102,830 $514,150 City of Long Beach $169,168 $169,168 $169,168 $169,168 $169,168 $845,840 Madera County $121,451 $121,451 $121,451 $121,451 $121,451 $607,255 Marin County $129,905 $129,905 $129,905 $129,905 $129,905 $649,525 Mariposa Count $102,384 $102,384 $102,384 $102,384 $102,384 $511,920 Mendocino County $113,136 $113,136 $113,136 $113,136 $113,136 $565,680 Merced County $136,814 $136,814 $136,814 $136,814 $136,814 $684,070 Modoc County $101,122 $101,122 $101,122 $101,122 $101,122 $505,610 Mono County $101,442 $101,442 $101,442 $101,442 $101,442 $507,210 Monterey County $161,408 $161,408 $161,408 $161,408 $161,408 $807,040 Napa County $120,548 $120,548 $120,548 $120,548 $120,548 $602,740 Nevada County $112,670 $112,670 $112,670 $112,670 $112,670 $563,350 Orange County $563,657 $563,657 $563,657 $563,657 $563,657 $2,818,285 City of Pasadena $124,429 $124,429 $124,429 $124,429 $124,429 $622,145 Placer County $145,278 $145,278 $145,278 $145,278 $145,278 $726,390 Plumas County $102,882 $102,882 $102,882 $102,882 $102,882 $514,410 Riverside County $420,089 $420,089 $420,089 $420,089 $420,089 $2,100,445 Sacramento County $314,315 $314,315 $314,315 $314,315 $314,315 $1,571,575 San Benito County $107,738 $107,738 $107,738 $107,738 $107,738 $538,690 Total County/City Year t Award . 0 -1 Ad 1/1/22 - F } Z lVIM ilt San Bernardino County $378,476 $378,476 $378,476 $378,476 $378,476 $1,892,380 San Diego County $523,452 $523,452 $523,452 $523,452 $523,452 $2,617,260 San Joaquin County $210,741 $210,741 $210,741 $210,741 $210,741 $1,053,705 San Luis Obispo County $136,267 $136,267 $136,267 $136,267 $136,267 $681,335 San Mateo County $197,256 $197,256 $197,256 $197,256 $197,256 $986,280 Santa Barbara County $163,058 $163,058 $163,058 $163,058 $163,058 $815,290 Santa Clara County $337,870 $337,870 $337,870 $337,870 $337,870 $1,689,350 Santa Cruz County $135,303 $135,303 $135,303 $135,303 $135,303 $676,515 Shasta County $120,826 $120,826 $120,826 $120,826 $120,826 $604,130 Sierra County $100,492 $100,492 $100,492 $100,492 $100,492 $502,460 Siski ou County $106,289 $106,289 $106,289 $106,289 $106,289 $531,445 Solano County $155,420 $155,420 $155,420 $155,420 $155,420 $777,100 Sonoma County $166,720 $166,720 $166,720 $166,720 $166,720 $833,600 Stanislaus County $178,035 $178,035 $178,035 $178,035 $178,035 $890,175 Sutter County $112,756 $112,756 $112,756 $112,756 $112,756 $563,780 Tehama County $107,799 $107,799 $107,799 $107,799 $107,799 $538,995 Trinity County $101,982 $101,982 $101,982 $101,982 $101,982 $509,910 Tulare County $168,801 $168,801 $168,801 $168,801 $168,801 $844,005 Tuolumne County $106,838 $106,838 $106,838 $106,838 $106,838 $534,190 Ventura County $216,276 $216,276 $216,276 $216,276 $216,276 $1,081,380 Yolo County $128,056 $128,056 $128,056 $128,056 $128,056 $640,280 Yuba County $109,606 $109,606 $109,606 $109,606 $109,606 $548,030 M. . : 1 *City estimates were calculated using census tracts.Alameda Health Department estimates do not include Berkeley census tracts in the formula. **To correct for rounding errors,$2 was added to the lowest award (Alpine County) Note: In these estimates, $250,000/year have been set aside to fund tribal governments. Awards were allocated by applying a base of$100,000 and distributing the balance of funds based on population at highest risk per the United States Census Community Resilience Estimates. For more information about how Community Resilience Estimates are calculated, see the US Census technical document. Exhibit A Funding Allocation Process PS19-1901: Strengthening STD Prevention and Control for Health Departments(STD PCHD) DIS Workforce Development Funding The California Department of Public Health (CDPH), Sexually Transmitted Disease Control Branch (STDCB) will allocate approximately $10 million Centers for Disease Control and Prevention (CDC) Federal f unds (PS19-1901)starting in state fiscal year 2021-22 to expand the Disease Intervention Specialist (DIS)workforce at the local level to support governmental public health response to COVID- 19 and other infectious diseases. The CDC DIS Workforce Development Funding is part of the American Rescue Plan Act of 2021.The goal of the investment is to support 21 st century outbreak response needs by: 1. Expanding and enhancing frontline public health staff 2. Conducting DIS workforce training and skills building 3. Building organizational capacity for outbreak response 4. Evaluating and improving recruitment,training, and outbreak response efforts For the first year,the DIS Workforce funding will be distributed as a supplement to the STD PCHD grant and is available to view at PS19-1901: STD Prevention and Control for Health Departments(STD PCHD). Funding will be allocated to fifty-nine (59) local health jurisdictions (LHJ)and an additional $250,000 to fund local tribal governments. CDPH/STDCB included the following factors in the allocation model with the hierarchy of need consistent forall counties: • The grant requires that funds be allocated LHJs using the US Census Community Resilience Estimates (details about what is included is available) or the Social Vulnerability Index. CDPH/STDCB used the Community Resilience Estimates since that is what CDC used to distribute the funds to states. There is an expectation that the most vulnerable communities will be supported, rather than focusing on morbidity. • This information was presented, and approval was provided by California Conference of Local Health Officers and County Health Executives Association of California. • As outlined in Exhibit Al, CDPH/STDCB has allocated $250,000 per year to Tribal governments and $9,804,356 peryear to 59 LHJs. • San Francisco and Los Angeles(excluding Berkeley, Long Beach and Pasadena) counties are funded independently by CDC and not included in these allocations. Census tracts belonging to City health jurisdictions are not included in the county-level estimates. • Local deliverables with these funds will include activities related to disease investigation, including contact tracing, case investigation, linkage to care, and partner services. Hiring frontline DIS and DIS supervisors is the priority of these funds but there will be some flexibility regarding other support staff(e.g., triage clerk)or activities (e.g., phlebotomy training). • According to the 2018 Infrastructure Survey of local STD programs,the average salary of DIS, including DIS Supervisors, ranges between $38,048and $131,418. County of Fresno 21-10553 Exhibit B Budget Detail and Payment Provisions 1. Invoicing and Payment A. Upon completion of project activies as provided in Exhibit A 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 not more frequently than quarterly in arrears to: Christine Johnson California Department of Public Health STD Control Branch MS 7320 P.O. Box 997377-7377 Sacramento, CA 95899-7377 Or submitted electronically to STDLHJInvoicesCa)cdph.ca.gov. 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 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 besought for those costs and/or cost categories expressly identified as allowable and approved by CDPH. D. Amount awarded under this Grant is identified in the CDPH 1229 Grant Agreement. 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 furtherforce 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 forany 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 reflectthe 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. Page 1 of 2 County of Fresno 21-10553 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 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. 5. Travel and Per Diem Reimbursement Any reimbursement for necessary travel and per diem shall, unless otherwise specified in this Agreement, be at the rates currently in effect, as established by the California Department of Human Resources (Cal HR). If the Cal HR rates change during the term of the Agreement,the new rates shall apply upon their effective date and no amendment to this Agreement shall be necessary. No travel outside the State of California shall be reimbursed without prior authorization from the CDPH. Verbal authorization should be confirmed in writing.Written authorization may be in a form including fax or email confirmation. Page 2 of 2 County of Fresno Grant 21-10553 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. 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. AUDIT: Grantee agrees that the Department,the Bureau of State Audits, or their designated representative shall have the right to reviewand to copy any records and supporting documentation pertaining to this Grant. Grantee agrees to maintain such records fora 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 employeesfrom 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 procedureswill be sufficientto 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 21-10553 Page 2of4 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 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. MEDIA 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 affect the completion of the projector the budget approved forthis 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 Request for Applications (Exhibit D) and the Grant Application (Exhibit A). A. Establish an official file for the Projectwhich shall adequately document all sign ificantactions 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 necessary for the state to fulfill federal reporting requirements.,including any and all reporting requirements under federal tax statutes 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 G rant 21-10553 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)forany 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: (This provision does not apply to Local Governmental Entities) 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 GovemmentCode section 13989.6 ("Section 13989.E"): 1) Grantee is responsiblefor 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 publidy 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 publidy 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 Grant 21-10553 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 later than 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 21-10553 Page 1 of 3 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 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. County of Fresno 21-10553 Page 2 of 3 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 priorto 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 conflict of interest; and, if a conflict is found to exist, to requirethe 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 awritten request from the Grantee, authorize an extension of the timeline indicated herein. County of Fresno 21-10553 Page 3 of 3 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. 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 21-10553 Page 1 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPAA/HITECH Act Contracts) This Information Privacy and Security Requirements Exhibit(For Non-HIPAA/HITECH Act Contracts) (hereinafter referred to as"this Exhibit")sets forth the information privacy and security requirements Contractor is obligated to follow with respect to all personal and confidential information (as defined herein)disclosed to Contractor, or collected, created, maintained, stored, transmitted or used by Contractor for or on behalf of the California Department of Public Health (hereinafter"CDPH"), pursuant to Contractor's agreement with CDPH. (Such personal and confidential information is referred to herein collectively as "CDPH PCI".) CDPH and Contractor desire to protect the privacy and provide for the security of CDPH PCI pursuant to this Exhibit and in compliance with state and federal laws applicable to the CDPH PCI. I. Order of Precedence: With respect to information privacy and security requirements for all CDPH PCI, the terms and conditions of this Exhibit shall take precedence over any conflicting terms or conditions set forth in any other part of the agreement between Contractor and CDPH, including Exhibit A(Scope of Work), all other exhibits and any other attachments, and shall prevail over any such conflicting terms or conditions. Il. Effect on lower tier transactions: The terms of this Exhibit shall apply to all contracts, subcontracts, and subawards, and the information privacy and security requirements Contractor is obligated to follow with respect to CDPH PCI disclosed to Contractor, or collected, created, maintained, stored,transmitted, or used by Contractor for or on behalf of CDPH, pursuant to Contractor's agreementwith CDPH. When applicable the Contractor shall incorporate the relevant provisions of this Exhibit into each subcontract or subaward to its agents, subcontractors, or independent consultants. III. Definitions: For purposes of the agreement between Contractor and CDPH, including this Exhibit, the following definitions shall apply: A. Breach: "Breach" means: 1. the unauthorized acquisition, access, use, or disclosure of CDPH PCI in a manner which compromises the security, confidentiality, or integrity of the information; or 2. the same as the definition of"breach of the security of the system"set forth in California Civil Code section 1798.29(f). 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(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; or 2. is contained in documents,files,folders, books, or records that are clearly labeled, marked, or designated with the word "confidential" by CDPH. C. Disclosure: "Disclosure" means the release, transfer, provision of, access to, or divulging in any manner of information outside the entity holding the information. CDPH IPSR(10/19) County of Fresno 21-10553 Page 2 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPANHITECH Act Contracts) D. PCI: "PCI" means "personal information" and "confidential information" (as these terms are defined herein: E. Personal Information: "Personal information" means information, in any medium(paper, electronic, oral)that: 1. directly or indirectly collectively identifies or uniquely describes an individual; or 2. 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, subdivision (g)(1)or(g)(2); or 5. meets the definition of"medical information" set forth in either California Civil Code section 1798.29, subdivision(h)(2)or California Civil Code section 56.05, subdivision (j);or 6. meets the definition of"health insurance information"set forth in California Civil Code section 1798.29, subdivision (h)(3); or 7. is protected from disclosure underapplicable state or federal law. F. Security Incident: "Security Incident' means: 1. an attempted breach; or 2. the attempted or successful unauthorized access or disclosure, modification, or destruction of CDPH PCI, in violation of any state or federal law or in a manner not permitted under the agreement between Contractor and CDPH, including this Exhibit; or 3. the attempted or successful modification or destruction of, or interference with, Contractor's system operations in an information technology system,that negatively impacts the confidentiality, availability, or integrity of CDPH PCI; or 4. any event that is reasonably believed to have compromised the confidentiality, integrity, or availability of an information asset, system, process, data storage, or transmission. Furthermore,an information security incident may also include an event that constitutes a violation or imminent threat of violation of information security policies or procedures, including acceptable use policies. G. Use: "Use" means the sharing, employment, application, utilization, examination, or analysis of information. CDPH IPSR(10/19) County of Fresno 21-10553 Page 3 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPANHITECH Act Contracts) IV. Disclosure Restrictions: The Contractor and its employees, agents, and subcontractors shall protect from unauthorized disclosure any CDPH PCI. The Contractor shall not disclose, except as otherwise specifically permitted by the agreement between Contractor and CDPH (including this Exhibit), any CDPH PCI to anyone other than CDPH personnel or programs without priorwritten authorization from the CDPH Program Contract Manager, except if disclosure is required by State or Federal law. V. Use Restrictions: The Contractor and its employees, agents, and subcontractors shall not use any CDPH PCI for any purpose other than performing the Contractor's obligations under its agreement with CDPH. VI. Safeguards: The Contractor shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the privacy, confidentiality, security, integrity, and availability of CDPH PCI, including electronic or computerized CDPH PCI.At each location where CDPH PCI exists under Contractor's control, the Contractor 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 Contractor's operations and the nature and scope of its activities in performing its agreement with CDPH, including this Exhibit, and which incorporates the requirements of Section VII, Security, below. Contractor shall provide CDPH with Contractor's current and updated policies within five (5) business days of a request by CDPH for the policies. VI I. Security: The Contractor shall take any and all steps reasonably necessary to ensure the continuous security of all computerized data systems containing CDPH PCI. These steps shall include, at a minimum, complying with all of the data system security precautions listed in the Contractor Data Security Standards set forth in Attachment 1 to this Exhibit. VIII. Security Officer: At each place where CDPH PCI is located, the Contractor shall designate a Security Officerto oversee its compliance with this Exhibit and to communicate with CDPH on matters concerning this Exhibit. IX. Training: The Contractor shall provide training on its obligations under this Exhibit, at its own expense, to all of its employees who assist in the performance of Contractor's obligations under Contractor's agreement with CDPH, including this Exhibit, or otherwise use or disclose CDPH PCI. A. The Contractor shall require each employee who receives training to certify, either in hard copy or electronic form,the date on which the training was completed. B. The Contractor shall retain each employee's certifications for CDPH inspection for a period of three years following contract termination or completion. C. Contractor shall provide CDPH with its employee's certifications within five (5)business days of a request by CDPH for the employee's certifications. X. Employee Discipline: Contractor shall impose discipline that it deems appropriate (in its sole discretion) on such employees and other Contractor workforce members under Contractor's direct control who intentionally or negligently violate any provisions of this Exhibit. CDPH IPSR(10/19) County of Fresno 21-10553 Page 4 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPAA/HITECH Act Contracts) XI. Breach and Security Incident Responsibilities: A. Notification to CDPH of Breach or Security Incident: The Contractorshall notify CDPH immediately by telephone call plus email or fax upon the discovery of a breach (as defined in this Exhibit), and within twenty-four(24) hours by email or fax of the discovery of any security incident(as defined in this Exhibit), unless a law enforcement agency determines that the notification will impede a criminal investigation, in which case the notification required by this section shall be made to CDPH immediately after the law enforcement agency determines that such notification will not compromise the investigation. Notification shall be provided to the CDPH Program Contract Manager,the CDPH Privacy Officer and the CDPH Chief Information Security Officer, using the contact information listed in Section XI(F), below. If the breach or security incident is discovered after business hours or on aweekend or holiday and involves CDPH PCI in electronic or computerized form, notification to CDPH shall be provided by calling the CDPH Information Security Office at the telephone numbers listed in Section XI(F), below. For purposes of this Section, breaches and security incidents shall be treated as discovered by Contractor as of the first day on which such breach or security incident is known to the Contractor, or, by exercising reasonable diligence would have been known to the Contractor. Contractor shall be deemed to have knowledge of a breach if such breach is known, or by exercising reasonable diligence would have been known, to any person, otherthan the person committing the breach,who is a employee or agent of the Contractor. Contractor 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 and Security Incidents: The Contractorshall immediately investigate such breach or security incident.As soon as the information is known and subject to the legitimate needs of law enforcement, Contractorshall inform the CDPH Program Contract Manager, the CDPH Privacy Officer, and the CDPH Chief Information Security Officer of: 1. what data elements were involved, and the extent of the data disclosure or access involved in the breach, including, specifically, the number of individuals whose personal information was breached; and 2. a description of the unauthorized persons known or reasonably believed to have improperly used the CDPH PCI and/or a description of the unauthorized persons known or reasonably believed to have improperly accessed or acquired the CDPH PCI, or to whom it is known or reasonably believed to have had the CDPH PCI improperly disclosed to them; and 3. a description of where the CDPH PCI is believed to have been improperly used or disclosed; and CDPH IPSR(10/19) County of Fresno 21-10553 Page 5 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPAA/HITECH Act Contracts) 4. a description of the probable and proximate causes of the breach or security incident; and 5. whether Civil Code section 1798.29 or any other federal or state laws requiring individual notifications of breaches have been triggered. C. Written Report: The Contractor shall provide a written report of the investigation to the CDPH Program Contract Manager,the CDPH Privacy Officer, and the CDPH Chief Information Security Officer as soon as practicable after 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 complete, 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 or further disclosure of data regarding 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 Contractor is considered only a custodian and/or non-owner of the CDPH PCI, Contractor 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 laws. Contractor shall inform the CDPH Privacy Officer of 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. E. Submission of Sample Notification to Attorney General: If notification to more than 500 individuals is required pursuant to California Civil Code section 1798.29, and regardless of whether Contractor is considered only a custodian and/or non-owner of the CDPH PCI, Contractor shall, at its sole expense, and at the sole election of CDPH, either: 1. electronically submit a single sample copy of the security breach notification, excluding any personally identifiable information, to the Attorney General pursuant to the format. content and timeliness provisions of Section 1798.29, subdivision (e). Contractor shall inform the CDPH Privacy Off icerof the time, manner, and content of any such submissions, prior to the transmission of such submissions to the Attorney General; or 2. cooperate with and assist CDPH in its submission of a sample copy of the notification to the Attorney General. F. CDPH Contact Information: To direct communications to the above referenced CDPH staff,the Contractor shall initiate contact as indicated herein. CDPH reserves the right to make changes to the contact information below by verbal or written notice to the Contractor. Said changes shall not require an amendment to this Exhibit or the agreement to which it is incorporated. CDPH IPSR(10/19) County of Fresno 21-10553 Page 6 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPANHITECH Act Contracts) CDPH Program CDPH Privacy Officer CDPH Chief Information Contract Security Officer Manager See the Scope of Privacy Officer Chief Information Security Officer Work exhibit for Privacy Office Information Security Office Program Contract Office of Legal Services California Dept. of Public Health Manager California Dept. of Public Health P.O. Box 997377 1415 L Street, 5th Floor MS6302 Sacramento; CA 95814 Sacramento, CA 95899-7413 Email: privacy(cDcdph.ca.gov Email: cdphiso cDcdph.ca.gov Telephone: (877)421-9634 Telephone: (855) 500-0016 XI I. Documentation of Disclosures for RequestsforAccountinq: Contractor shall document and make available to CDPH or(at the direction of CDPH)to an Individual such disclosures of CDPH PCI, and information related to such disclosures,necessary to respond to a proper request by the subject Individual for an accounting of disclosures of personal information as required by Civil Code section 1798.25, or any applicable state or federal law. XI II. Requests for CDPH PCI by Third Parties: The Contractor and its employees, agents, or subcontractors shall promptly transmit to the CDPH Program Contract Manager all requests for disclosure of any CDPH PCI requested by third parties to the agreement between Contractorand CDPH (except from an Individual for an accounting of disclosures of the individual's personal information pursuant to applicable state or federal law), unless prohibited from doing so by applicable state or federal law. XIV. Audits, Inspection and Enforcement: CDPH may inspect the facilities, systems, books, and records of Contractor to monitor compliance with this Exhibit. Contractor shall promptly remedy any violation of any provision of this Exhibit and shall certify the same to the CDPH Program Contract Manager in writing. XV. Return or Destruction of CDPH PCI on Expiration or Termination: Upon expiration or termination of the agreement between Contractor and CDPH for any reason, Contractor shall securely return or destroy the CDPH PCI. If return or destruction is not feasible,Contractor shall provide a written explanation to the CDPH Program Contract Manager,the CDPH Privacy Officer and the CDPH Chief Information Security Officer,using the contact information listed in Section XI(F),above. A. Retention Required by Law: If required by state or federal law, Contractor may retain, after expiration or termination, CDPH PCI for the time specified as necessary to comply with the law. B. Obligations Continue Until Return or Destruction: Contractor's obligations under this Exhibit shall continue until Contractor returns or destroys the CDPH PCI or returns the CDPH PCI to CDPH; provided however, that on expiration or termination of the agreement between Contractor and CDPH, Contractor shall not further use or disclose the CDPH PCI except as required by state or federal law. CDPH IPSR(10/19) County of Fresno 21-10553 Page 7 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPAA/HITECH Act Contracts) C. Notification of Election to Destroy CDPH PCI: If Contractor elects to destroy the CDPH PCI, Contractor shall certify in writing, to the CDPH Program Contract Manager, the CDPH Privacy Officerand the CDPH Chief Information Security Officer, using the contact information listed in Section XI(F), above, that the CDPH PCI has been securely destroyed. The notice shall include the date and type of destruction method used. XVI. Amendment: The parties acknowledge that federal and state laws regarding information security and privacy rapidly evolves and that amendment of this Exhibit 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 CDPH PCI. The parties agree to promptly enter into negotiations concerning an amendment to this Exhibit consistent with new standards and requirements imposed by applicable laws and regulations. XVII. Assistance in Litigation or Administrative Proceedings: Contractor shall make itself and any subcontractors, workforce employees or agents assisting Contractor in the performance of its obligations under the agreement between Contractor and CDPH, available to CDPH at no cost to CDPH to testify as witnesses, 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 Contractor, except where Contractor or its subcontractor,workforce employee or agent is a named adverse party. XVIII. No Third-Party Beneficiaries: Nothing express or implied in the terms and conditions of this Exhibit is intended to confer, nor shall anything herein confer,upon any person other than CDPH or Contractor and their respective successors or assignees, any rights, remedies, obligations, or liabilities whatsoever. XIX. Interpretation: The terms and conditions in this Exhibit shall be interpreted as broadly as necessary to implement and comply with regulations and applicable State laws. The parties agree that any ambiguity in the terms and conditions of this Exhibit shall be resolved in favor of a meaning that complies and is consistent with federal and state laws and regulations. XX. Survival: If Contractor does not return or destroy the CDPH PCI upon the completion or termination of the Agreement, the respective rights and obligations of Contractor under Sections VI,VII and XI of this Exhibit shall survive the completion or termination of the agreement between Contractor and CDPH. CDPH IPSR(10/19) County of Fresno 21-10553 Page 8 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPAA/HITECH Act Contracts) Attachment 1 Contractor 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 128bit 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 assess ment/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. 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 lDs and Password Controls. All users must be issued a unique username for accessing CDPH PCI. Username must be promptly disabled, deleted, or the password CDPH IPSR(10/19) County of Fresno 21-10553 Page 9 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPAA/HITECH Act Contracts) 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. 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 which 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. 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 128bit 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. CDPH IPSR(10/19) County of Fresno 21-10553 Page 10 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPAA/HITECH Act Contracts) 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 procedurethat 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 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 anytime, 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. ConfidentialDestruction. CDPH PCI must be disposed of through confidential means, using NIST Special Publication 800-88 standard methods fordata 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. CDPH IPSR(10/19) County of Fresno 21-10553 Page 11 of 11 Exhibit E Information Privacy and Security Requirements (For Non-HIPAA/HITECH Act Contracts) 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 courierwith 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 avendor product specified on the CALIFORNIA STRATEGIC SOURCING INITIATIVE. CDPH IPSR(10/19) County of Fresno 21-10553 Exhibit F Federal Terms and Conditions (For Federally Funded Grant Agreements) The use of headings or titles throughout this exhibit is for convenience only and shall not be used to interpret or to govern the meaning of any specific term or condition. This exhibit contains provisions that require strict adherence to various contracting laws and policies. Index of Special Terms and Conditions 1. Federal Funds 2. Federal Equal Employment Opportunity Requirements 3. Debarment and Suspension Certification 4. Covenant Against Contingent Fees 5. Air or Water Pollution Requirements 6. Lobbying Restrictions and Disclosure Certification 7. Additional Restrictions 8. Human Subjects Use Requirments 9. Financial and Compliance Audit Requirements 10. Audit and Record Retention 11. Federal Requirements CDPH(rev.07/16) Page 1 of 11 California Department of Public Health—Federal Terms and Conditions Exhibit F 1. Federal Funds (Applicable only to that portion of an agreement funded in part or whole with federal funds.) a. It is mutually understood between the parties that this Grant may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Grant were executed after that determination was made. b. This Grant is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the fiscal years covered by the term of this Grant. In addition, this Grant is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this Grant in any manner. c. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this Grant shall be amended to reflect any reduction in funds. d. CDPH has the option to invalidate or cancel the Grant with 30-days advance written notice or to amend the Grant to reflect any reduction in funds. 2. Federal Equal Opportunity Requirements (Applicable to all federally funded grants entered into by the California Department of Public Health (CDPH) formerly known as California Department of Health Services (CDHS).) a. The Grantee will not discriminate against any employee or applicant for employment because of race,color, religion, sex, national origin, physical or mental handicap, disability, age or status as a disabled veteran or veteran of the Vietnam era. The Grantee will take affirmative action to ensure that qualified applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex, national origin, physical or mental handicap, disability, age or status as a disabled veteran or veteran of the Vietnam era. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;layoff or termination; rates of pay or other forms of compensation;and career development opportunities and selection for training, including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Federal Government or CDPH, setting forth the provisions of the Equal Opportunity clause, Section 503 of the Rehabilitation Act of 1973 and the affirmative action clause required by the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. 4212). Such notices shall state the Grantee's obligation under the law to take affirmative action to employ and advance in employment qualified applicants without discrimination based on their race, color, religion, sex, national origin physical or mental handicap, disability, age or status as a disabled veteran or veteran of the Vietnam era and the rights of applicants and employees. b. The Grantee will, in all solicitations or advancements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin physical or mental handicap, disability, age or status as a disabled veteran or veteran of the Vietnam era. c. The Grantee will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice, to be provided by the Federal Government or the State, advising the labor union or workers'representative of the Grantee's commitments under the provisions herein and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Grantee will comply with all provisions of and furnish all information and reports required by Section 503 of the Rehabilitation Act of 1973, as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. 4212) and of the Federal Executive Order No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," and of the rules, regulations, and relevant orders of the Secretary of Labor. CDPH(rev.07/16) Page 2 of 11 California Department of Public Health— Federal Terms and Conditions Exhibit F e. The Grantee will furnish all information and reports required by Federal Executive Order No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," and the Rehabilitation Act of 1973, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the State and its designated representatives and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the Grantee's noncompliance with the requirements of the provisions herein or with any federal rules, regulations, or orders which are referenced herein, this Agreement may be cancelled, terminated, or suspended in whole or in part and the Grantee may be declared ineligible for further federal and state contracts in accordance with procedures authorized in Federal Executive Order No. 11246 as amended and such other sanctions may be imposed and remedies invoked as provided in Federal Executive Order No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Grantee will include the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Federal Executive Order No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," or Section 503 of the Rehabilitation Act of 1973 or(38 U.S.C. 4212) of the Vietnam Era Veteran's Readjustment Assistance Act, so that such provisions will be binding upon each subGrantee or vendor. The Grantee will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs or CDPH may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however,that in the event the Grantee becomes involved in,or is threatened with litigation by a subGrantee or vendor as a result of such direction by CDPH, the Grantee may request in writing to CDPH,who, in turn, may request the United States to enter into such litigation to protect the interests of the State and of the United States. 3. Debarment and Suspension Certification a. By signing this Grant, the Grantee agrees to comply with applicable federal suspension and debarment regulations including, but not limited to 7 CFR Part 3017, 45 CFR 76, 40 CFR 32 or 34 CFR 85. b. By signing this Grant, the Grantee certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency; (2) Have not within a three-year period preceding this application/proposal/agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in Paragraph b(2) herein; and (4) Have not within a three-year period preceding this application/proposal/agreement had one or more public transactions (Federal, State or local)terminated for cause or default. CDPH(rev.07/16) Page 3 of 11 California Department of Public Health—Federal Terms and Conditions Exhibit F (5) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under federal regulations (i.e., 48 CFR part 9, subpart 9.4), debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State. (6) Will include a clause entitled, "Debarment and Suspension Certification" that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. c. If the Grantee is unable to certify to any of the statements in this certification, the Grantee shall submit an explanation to the CDPH Program Contract Manager. d. The terms and definitions herein have the meanings set out in the Definitions and Coverage sections of the rules implementing Federal Executive Order 12549. e. If the Grantee knowingly violates this certification, in addition to other remedies available to the Federal Government, the CDPH may terminate this Agreement for cause or default. 4. Covenant Against Contingent Fees The Grantee warrants that no person or selling agency has been employed or retained to solicit/secure this Grant upon an agreement of understanding for a commission, percentage, brokerage, or contingent fee,except bona fide employees or bona fide established commercial or selling agencies retained by the Grantee for the purpose of securing business. For breach or violation of this warranty, CDPH shall have the right to annul this Grant without liability or in its discretion to deduct from the Grant price or consideration, or otherwise recover, the full amount of such commission, percentage, and brokerage or contingent fee. 5. Air or Water Pollution Requirements Any federally funded grant and/or subgrants in excess of$100,000 must comply with the following provisions unless said grant is exempt under 40 CFR 15.5. a. Government Grantees agree to comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act[42 U.S.C. 1857(h)], section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). b. Institutions of higher education, hospitals, nonprofit organizations and commercial businesses agree to comply with all applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401 et seq.), as amended, and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. 6. Lobbying Restrictions and Disclosure Certification (Applicable to federally funded grants in excess of$100,000 per Section 1352 of the 31, U.S.C.) a. Certification and Disclosure Requirements (1) Each person (or recipient)who requests or receives a grant, subgrant,which is subject to Section 1352 of the 31, U.S.C., and which exceeds$100,000 at any tier, shall file a certification (in the form set forth in Attachment 1, consisting of one page, entitled "Certification Regarding Lobbying") that the recipient has not made, and will not make, any payment prohibited by Paragraph b of this provision. (2) Each recipient shall file a disclosure (in the form set forth in Attachment 2, entitled "Standard Form-LLL 'disclosure of Lobbying Activities"') if such recipient has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered federal action) in connection with a grant or any extension or amendment of that grant, which would be prohibited under Paragraph b of this provision if paid for with appropriated funds. (3) Each recipient shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affect the accuracy of the information contained in any CDPH(rev.07/16) Page 4 of 11 California Department of Public Health—Federal Terms and Conditions Exhibit F disclosure form previously filed by such person under Paragraph a(2) herein. An event that materially affects the accuracy of the information reported includes: (a) A cumulative increase of$25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; (b) A change in the person(s)or individuals(s) influencing or attempting to influence a covered federal action; or (c) A change in the officer(s), employee(s), or member(s) contacted for the purpose of influencing or attempting to influence a covered federal action. (4) Each person (or recipient)who requests or receives from a person referred to in Paragraph a(1)of this provision a grant or subgrant exceeding $100,000 at any tier under a grant shall file a certification, and a disclosure form, if required, to the next tier above. (5) All disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the person referred to in Paragraph a(1)of this provision. That person shall forward all disclosure forms to CDPH Program Contract Manager. b. Prohibition Section 1352 of Title 31, U.S.C., provides in part that no appropriated funds may be expended by the recipient of a federal contract or agreement, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered federal actions: the awarding of any federal contract or agreement, the making of any federal grant,the making of any federal loan,entering into of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any federal contract or agreement, grant, loan, or cooperative agreement. 7. Additional Restrictions Grantee shall comply with the restrictions under Division F, Title V, Section 503 of the Consolidated Appropriations Act, 2012 (H.R. 2055), which provides that: "SEC. 503.(a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used,other than for normal and recognized executive-legislative relationships,for publicity or propaganda purposes,for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government. (c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control." CDPH(rev.07/16) Page 5 of 11 California Department of Public Health— Federal Terms and Conditions Exhibit F 8. Human Subjects Use Requirements (Applicable only to federally funded agreements in which performance, directly or through a subcontract/subaward, includes any tests or examination of materials derived from the human body.) By signing this Agreement, Contractor agrees that if any performance under this Agreement or any subcontract or subagreement includes any tests or examination of materials derived from the human body for the purpose of providing information, diagnosis, prevention, treatment or assessment of disease, impairment, or health of a human being, all locations at which such examinations are performed shall meet the requirements of 42 U.S.C. Section 263a (CLIA)and the regulations thereunder. 9. Financial and Compliance Audit Requirements By signing this Agreement, the Contractor/Subcontrac for agrees to abide by all requirements specified in 2 CFR 200, et seq., 2 CFR 400, et seq., and 45 CFR, 75, et seq., as applicable, including but not limited to obtaining an annual audit, and any subsequent federal regulatory additions or revisions. a. The definitions used in this provision are contained in Section 38040 of the Health and Safety Code, which by this reference is made a part hereof. b. Direct service contract means a contract or agreement for services contained in local assistance or subvention programs or both (see Health and Safety[H&S] Code section 38020). Direct service contracts shall not include contracts, agreements, grants, or subventions to other governmental agencies or units of government nor contracts or agreements with regional centers or area agencies on aging (H&S Code section 38030). c. The Contractor, as indicated below, agrees to obtain one of the following audits: (1) If the Contractor is a nonprofit organization (as defined in H&S Code section 38040) and receives $25,000 or more from any State agency under a direct service contract or agreement; the Contractor agrees to obtain an annual single, organization wide, financial and compliance audit. Said audit shall be conducted according to Generally Accepted Auditing Standards. This audit does not fulfill the audit requirements of Paragraph c(3) below. The audit shall be completed by the 15th day of the fifth month following the end of the Contractor's fiscal year, and/or (2) If the Contractor is a nonprofit organization (as defined in H&S Code section 38040)and receives less than $25,000 per year from any State agency under a direct service contract or agreement, the Contractor agrees to obtain a biennial single, organization wide financial and compliance audit, unless there is evidence of fraud or other violation of state law in connection with this Agreement. This audit does not fulfill the audit requirements of Paragraph c(3) below. The audit shall be completed by the 15th day of the fifth month following the end of the Contractor's fiscal year, and/or (3) If the Contractor is a State or Local Government entity or Nonprofit organization (as defined in 2CFR Part 200)and expends$750,000 or more in Federal awards,the Contractor agrees to obtain an annual single, organization wide, financial and compliance audit according to the requirements specified in 2CFR Part 200. An audit conducted pursuant to this provision will fulfill the audit requirements outlined in Paragraphs c(1)and c(2)above. The audit shall be completed by the end of the ninth month following the end of the audit period. The requirements of this provision apply if: (a) The Contractor is a recipient expending Federal awards received directly from Federal awarding agencies, or (b) The Contractor is a subrecipient expending Federal awards received from a pass-through entity such as the State, County or community based organization. (4) If the Contractor submits to CDPH a report of an audit other than a single audit, the Contractor must also submit a certification indicating the Contractor has not expended$750,000 or more in federal funds for the year covered by the audit report. CDPH(rev.07/16) Page 6 of 11 California Department of Public Health—Federal Terms and Conditions Exhibit F d. Two copies of the audit report shall be delivered to the CDPH program funding this Agreement. The audit report must identify the Contractor's legal name and the number assigned to this Agreement. The audit report shall be due within 30 days after the completion of the audit. Upon receipt of said audit report, the CDPH Program Contract Manager shall forward the audit report to CDPH's Audits and Investigations Unit if the audit report was submitted under Section 16.c(3), unless the audit report is from a City, County, or Special District within the State of California whereby the report will be retained by the funding program. e. The cost of the audits described herein may be included in the funding for this Agreement up to the proportionate amount this Agreement represents of the Contractor's total revenue. The CDPH program funding this Agreement must provide advance written approval of the specific amount allowed for said audit expenses. f. The State or its authorized designee, including the Bureau of State Audits, is responsible for conducting agreement performance audits which are not financial and compliance audits. Performance audits are defined by Generally Accepted Government Auditing Standards. g. Nothing in this Agreement limits the State's responsibility or authority to enforce State law or regulations, procedures, or reporting requirements arising thereto. h. Nothing in this provision limits the authority of the State to make audits of this Agreement,provided however, that if independent audits arranged for by the Contractor meet Generally Accepted Governmental Auditing Standards, the State shall rely on those audits and any additional audit work and shall build upon the work already done. i. The State may, at its option, direct its own auditors to perform either of the audits described above. The Contractor will be given advance written notification, if the State chooses to exercise its option to perform said audits. j. The Contractor shall include a clause in any agreement the Contractor enters into with the audit firm doing the single organization wide audit to provide access by the State or Federal Government to the working papers of the independent auditor who prepares the single organization wide audit for the Contractor. k. Federal or state auditors shall have"expanded scope auditing"authority to conduct specific program audits during the same period in which a single organization wide audit is being performed, but the audit report has not been issued. The federal or state auditors shall review and have access to the current audit work being conducted and will not apply any testing or review procedures which have not been satisfied by previous audit work that has been completed. The term "expanded scope auditing" is applied and defined in the U.S. General Accounting Office (GAO) issued Standards for Audit of Government Organizations, Programs,Activities and Functions, better known as the "yellow book". 10. Audit and Record Retention (Applicable to agreements in excess of$10,000.) a. The Contractor shall maintain books, records, documents, and other evidence, accounting procedures and practices, sufficient to properly reflect all direct and indirect costs of whatever nature claimed to have been incurred in the performance of this Agreement, including any matching costs and expenses. The foregoing constitutes "records"for the purpose of this provision. b. The Contractor's facility or office or such part thereof as may be engaged in the performance of this Agreement and his/her records shall be subject at all reasonable times'to inspection, audit, and reproduction. c. Contractor agrees that CDPH, the Department of General Services, the Bureau of State Audits, or their designated representatives including the Comptroller General of the United States shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor 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. CDPH(rev.07/16) Page 7 of 11 California Department of Public Health—Federal Terms and Conditions Exhibit F Further, the Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7, CCR Title 2, Section 1896). d. The Contractor shall preserve and make available his/her records (1) for a period of three years from the date of final payment under this Agreement, and (2) for such longer period, if any, as is required by applicable statute, by any other provision of this Agreement, or by subparagraphs (1)or(2) below. (1) If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement. (2) If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later. e. The Contractor shall comply with the above requirements and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in Public Contract Code § 10115.10. if applicable. f. The Contractor may, at its discretion, following receipt of final payment under this Agreement, reduce its accounts, books and records related to this Agreement to microfilm, computer disk, CD ROM, or other data storage medium. Upon request by an authorized representative to inspect, audit or obtain copies of said records,the Contractor and/or Subcontractor must supply or make available applicable devices, hardware, and/or software necessary to view, copy and/or print said records. Applicable devices may include, but are not limited to, microfilm readers and microfilm printers, etc. g. The Contractor shall, if applicable, comply with the Single Audit Act and the audit reporting requirements set forth in Title 2 of the Code of Federal Regulations, Part 200 (2CFR Part 200). 11. Federal Requirements Grantor agrees to comply with and shall require all subgranteers,if any,to comply with all applicable Federal requirements including but not limited to the United States Code, the Code of Federal Regulations, the Funding Opportunity Announcement,the Notice of Award,the funding agreement,and any memoranda or letter regarding the applicable Federal requirements. CDPH(rev.07/16) Page 8 of 11 California Department of Public Health—Federal Terms and Conditions Exhibit F Attachment 1 STATE OF CALIFORNIA CALIFORNIA DEPARTMENT OF PUBLIC HEALTH CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making, awarding or entering into of this Federal contract, Federal grant, or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of this Federal contract, grant, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency of the United States Government, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities" in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subGrantees, subgrants, and contracts under grants and cooperative agreements) of$100,000 or more, and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C., any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Brian Pacheco County of Fresno Name of Grantee Printed Name of Person Signing for Grantee 21-10553 h- Contract I Grant Number Signature of Person Signing for Grantee (o /ZZZ Chairman of the Board of Supervisors I / Date Title After execution by or on behalf of Grantee, please return to: California Department of Public Health STD Control Branch ATTEST: P.O. Box 997377, MS 7320 BERNICE E.SEIDEL Sacramento, CA 95899-7377 Clerk of the Board of Supervisors County,of Fresno, tate of California By Dep y CDPH reserves the right to notifiy the Grantee in writing of an alternate submission address. CDPH(rev.07/16) Page 9 of 11 California Department of Public Health—Federal Terms and Conditions Exhibit F Attachment 2 CERTIFICATION REGARDING LOBBYING Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0346-0046 (See reverse for public burden disclosure) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: [] a. contract [ ] a. bid/offer/application [ ] a. initial filing b. grant b. initial award b. material change c. cooperative agreement C. post-award d. loan For Material Change Only: e. loan guarantee Year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑Subawardee Tier _,if known: Congressional District, If known: Congressional District,If known: 6. Federal Department/Agency 7. Federal Program Name/Description: CDFA Number, if applicable: S. Federal Action Number,if known: 9. Award Amount,if known: 10.a. Name and Address of Lobbying Registrant b. Individuals Performing Services(including address if different from (If individual,last name, first name,MI): 10a. (Last name,First name, Ml): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material Signature: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into.This disclosure is Print Name: required pursuant to 31 U.S.C.1352.This information will be available for public inspection.required disclosure shall be subject to a not more Title: than$100,000 for each such failure. Telephone No.: Date: Federal Use Only Authorized for Local Reproduction Standard Form-LLL(Rev.7-97) CDPH(rev.07/16) Page 10 of 11 California Department of Public Health—Federal Terms and Conditions Exhibit F INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report.If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity. Include Congressional District,if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizational level below agency name,if known.For example, Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA) number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP)number;Invitation for Bid(IFB)number;grant announcement number;the contract,grant,or loan award number;the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.,'RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name,address,city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial (MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington,DC 20503. CDPH(rev.07/16) Page 11 of 11 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT OFFICE OF LEGAL SERVICES DGS OLS 04(Rev.01/17) 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 time 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 Fair Employment and Housing Act (Section 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 Housing Act (Section 12960 of the Government Code). CERTIFICATION r--------------------------------------------------------- ----------------------7 I I, the official named below, certify under penalty of perjury under Federal ID Number the laws of the State of California that the foregoing is true and correct. ; 94-6000512 Proposer/Bidder Firm Name (Printed) County of Fresno I B y(Aut orized-Si-gnature------- -�- ) --------------------------------- ----------------------1 � � jI p� ---------------------------------------------------------------------------------{ Printed Name and Title of Person Signing Brian Pacheco, Chairman of the Board of Supervisors of the County of Fresno ---------------------------------T----------------------------------------------- � Date Executed i Executed in the County and State of (a /Z 12 Z Fresno California L---------------------------------L----------------------------------------------� ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of,,Fresno, State of California I Deputy Contractor Certification Clauses 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 94-6000512 County of Fresno By (Authorized Signature) ATTEST: BERNICE E.SEIDEL IClerk of the Board of Supervisors Count or't— o,Siaie orUaiiTornia BY .Q e Printed Name and Title of Person Signing Dep1qy Brian Pacheco, Chairman of the Board of Supervisors of the County of Fresno Date Executed Executed in the County of Fresno CO /21 / ZZ 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: Sexually Transmitted Disease (STD) Program Management DIS Workforce Development Agreement No. 21-10553 Fund/Subclass: 0001/10000 Organization #: 56201661 Revenue Account #: 4380 State of California—Health and Human Services Agency o , r�f`.. California Department of Public Health + I)CZPH TOMAS J.ARAG6N,M.D.,Dr.P.H GAVIN NEWSOM Director and State Public Health Officer Governor County of Fresno 08/17/2022 Attn:Jena Adams P.O. Box 11867 Fresno, CA 93775 Subject: Grant#21-10553 Enclosed for your records is a copy of the fully executed Grant Agreement between the California Department of Public Health and County of Fresno with a term start of July 01, 2021 through term end December 31, 2025. Due to the Covid-19 pandemic, until further notice, any Department of General Services, (DGS), Approved documents are received electronically. Wet signatures will not be put in the contract package via United States Postal Service,(USPS). Therefore, please consider the documents received via USPS to be DGS approved original copies. Contractors responsiblity: !novices submitted during the term of the agremenet must be in accordance with the contract terms and conditions, the Contractor is responsible for ensuring item(s) billed on the invoice are consistent with the Exhibit A, SOW and Exhibit B Attachment 1, Cost for serices. Please Note: Public Contract Code 10116 requires state agencies capture information on race, ethnicity, gender and sexual orientation of business owners on all awarded contracts and procurements. • This information shall not be collected until after the contract has been awarded. • The completion of the attached form is strictly voluntary and shall be anonymous and shall remain CONFIDENTIAL. When applicable, Per Title 2, Section 8117.5 of the California Code of Regulations requires CDPH will notify the Department of Fair Employment and Housing, Office of Compliance Programs of this agreement award of$5,000 or more. When applicable, Military and Veteran Code (MVC) 999.5(d), Government Code (GC) 14841 and California Code of Regulations (CCR) 1896.78 require that all Prime Contractors that used a Disabled Veteran Business Enterprise (DVBE)firm to perform an element of work for a given contract to report specific DVBE information, therefore, if DVBE subcontractors are utilized in performance of this contract/procurement, you must complete and return the attached CDPH 9095 form and return within 60 days from receipt of final payment by either faxing to (916) 319-8583 or mail to SB/DVBE Advocate at address below. Please contact Program Support Branch, Contracts Management Unit, if you have any questions. cc: CDPH Contract File CDPH Contracts Management Services Section, MS 1802 • P.O. Box 997377 Sacramento, CA 95899-7377 (916)650-0100 9 (916) 650-0142 FAX Internet Address:www.cdph.ca.gov • ® State of California—Health and Human Services Agency ,F. �-� California Department of Public Health OCIDPH yf ..` TOMAS J.ARAG6N,M.D.,Dr.P.H GAVIN NEWSOM Director and State Public Health Officer Governor c3 August 17, 2022 Jena Adams County of Fresno P.O Box 11867 Fresno, CA 93775 RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia's Actions in Ukraine # 21-10553 Dear Jena Adams On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/u ploads/2022/03/3.4.22-Russia-U kraine-Executive- Order.pdf The EO directs all agencies and departments that are subject to the Governor's authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia's actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial- sanctions/sanctionsprograms-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable. Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO. Sincerely, CIL,citto AvArnos CMSS } 0 = E ( j } » _ { V). V')- 14 V). V). V). V } E / w \ k /\ o E a. 0 � E k k a ( -L4 -L4 / { z IL LU CO / LU � ) k ) a \ { I � f } ILa) �§ o c CL < � ƒ_ °< / § J E U- c �§ . E < ) § � a 0 .. D , , t 4) � 0 { �£ -0 E 2 f o />) § 22 k E g C § ( 022 , ) Z ° f o CD &z \ E 2 c 000 ± -o E $ a � @/ LL < E c/f ° k P \ J L \/§�f \ , 2 m E-10 \ 2 m > G {±= § z c e I f === q� - « ■ ¢3�\§ % } a o \ © � E V) k ) E m $<\ 0\ E f t E� ° ® / � « % o ■ 2 j \ / { ) > § § J < 2 a) a. § Cl) % \ » < » R CD ® ) ; E k / z \ a) cm IL a / C 2 \ k k o / o ` j % __ E 0 a ` z \ k / 5 / G \ / 2 Lo / 5 \ / r r ) o @ @ ƒ CD w Q , 2 a) J D C,4 f ( k R o o m o a J o cc ] ! ƒ § ® # y \ § 0 § § § - E t \ G 8 k ° ° \ � E % / k 2 f ® ° § k 0 2 § 0 0 z lU- �� O lop 0 03 jl� N i•- ✓ �+? � GyCb � � 'J' J O Q RS .fir cva d N Cb c0 ppj Q N O � a p � N E u, N cfl CD O O p p N V R p �+ N O p N O � 0 T Z O mO ° N 0 0, 5� wo 0 - 0 0 o o ZO o W o Ott rc o ° v c Y y Z o v p c oki- 3 Z 0 CO tp o o G O N G O o m Y ° ° � o O v C i b sr/ O N N Oy Y v+ N 7 0 0Q G 0 O O ca +G D y i'- N � '✓111 G ✓ G m G 6,m O N U J� Jta i--G O• t3�o � G w W e- cb O G L N CD N 3NE Y o s p V �� y� N ° N� c J m _ d 0 9 Z r Nm 0 N G O p Q N O r O IC, IS 46 O� N ¢' E o'd cll o . -0 � c-0 Ev O 0o- O N E y r myy ° 2 NE m C? 00 0 Ec Wa = o y0 m E@ .0 O, o 0 4 �i a y O G v U � Z v o f O 0 07 p pa- O a , .. Z 4y U NV �i6 O o@ �, Y 0o E m p • • • -0o Ul 0 L • • p G 0 m U o ` G p p •✓ N G (� 0 - coR °' Q 3��U u ' 7 O ff0 N N Q✓ a� E O U � W N u4i O- 9 L DGS PD 802 (Rev 04/19) VOLUNTARY STATISTICAL DATA SHEET Information to be used for reporting purposes only Public Contract Code 10111 requires state agencies to capture information on ethnicity, race and gender (ERG) of business owners on all awarded contracts and procurements to the extent that the information has been voluntarily reported to the department. The awarding department is prohibited from using this data to discriminate or provide a preference in the solicitation or acceptance of bids, quotes, or estimates for goods, services, construction and/or information technology. This information shall not be collected until after the contract award is made. The completion of this form is strictl voluntary. The data you provide on this form should best describe the ownership of your business. Ownership of a business should be determined as follows: • For a business that is a sole proprietorship, partnership, corporation, or joint venture at least 51 percent is owned by one or more individuals in a classification designated below or, in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more individuals in a designated classification, or • For other business entities, the owner is the person controlling management and daily operations and who "owns" the business. For purposes of this report, respond only if the business has its home office in the United States and which is not a branch or subsidiary of a foreign corporation, firm, or other business. Ethnicity/Minority Classification —As defined in Public Contract Code Section 2051 (c) ❑ Asian-Indian — a person whose origins are from India, Pakistan, or Bangladesh. ❑ Black — a person having origins in any of the Black racial groups of Africa. ❑ Hispanic — a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin regardless of race. ❑ Native American — an American Indian, Eskimo, Aleut, or Native Hawaiian. ❑ Pacific Asian — a person whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, or the United States Trust Territories of the Pacific including the Northern Marianas ❑ Other—Any other group of natural persons identified as minorities in the respective project specifications of an awarding department or participating local agency. Race Classification —As defined by the Office of Management and Budget, Federal Register Notice, October 30, 1997, at https://www.whitehouse.gov/wp-content/uploads/2017/11/Revisions-to-the-Standards- for-the-Classification-of-Federal-Data-on-Race-and-Ethnicity-October30-1997.pdf ❑ American Indian or Alaska Native ❑ Asian ❑ Black or African American ❑ Native Hawaiian or Other Pacific Islander ❑ White ❑ Other Gender Classification ❑ Female ❑ Male ❑ Transgender Sexual Orientation Classification —As defined by Public Contract Code 10111(f) ❑ Lesbian ❑ Gay ❑ Bisexual ITEMS BELOW TO BE COMPLETED BY STATE AGENCY/DEPARTMENT ONLY ❑ Goods x❑ Services ❑ Construction Total Contract Purchase: $ 1,263,190.00 Contract Award Date: 07/29/2022