HomeMy WebLinkAboutAgreement A-22-283 with CDPH.pdf 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(@_cdph.ca.gov E-mail: mmorrissonp_fresnocountyca.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(a)_cdph.ca.gov E-mail: madam s(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(aD_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 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 a formal 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 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:
Date: (0/21 ZZ LL
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
ByAzg#v6 4t
Depu
State of California—Health and Human Services Agency
California Department of Public Health x = o}
I)COPH
Y
TOMAS J.ARAGON,MD,DrPH GAVIN NEWSOM
Director and State Publicl-kalth Officer Governor
Exhibit A
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 a federal 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/fu nd ing/pchd/development-fu nd ing.html.
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.
o Huurr den
CDPH STD Control Branch, MS 7320 • P.O. Box 997377 • Sacramento,CA 95899-7377 `�`0" "-
0 -,�
(916)445-9860 • Internet Address:www.cdph.ca.gov Q
tiF 6,
rN A(cRi Dot*``
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, January 31, 2022.
• Annual budgets for calendar 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(a)cdph.ca.aov.
Sincerely,
"/ . )xv,
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
Year 1 W"ar ear Year 4 Year 5
Total Five-
County/City Annual Annual Annual Annual Annual Year
Award A, v rd Award Award
22 jAward Allocation
12/31/21) 12/3112:1 2/31/23.1,M&612/31/24) 12/31/28%M
Alameda County*
(excluding Berkele $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 County $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
Annual Annual Annual Annual Annual Year 1 Year 2 Year 3 Year 4 Year 5
Count Award Award Award Award Award Year
A1121 111234111A 311-12 -//"311//'2 12 2/31/251
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
Siskiyou 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
*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 per year 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 $38,048 and $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 STDLHJInvoices(cDcdph.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 reflect the reduced
amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code
Chapter 4.5, commencing with Section 927.
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 1 of 4
EXHIBIT C
STANDARD GRANT CONDITIONS
1. APPROVAL: This Grant is of no force or effect until signed by both parties and approved by
the Department of General Services, if required. The Grantee may not commence
performance until such approval has been obtained
2. AMENDMENT: No amendment or variation of the terms of this Grant shall be valid unless
made in writing, signed by the parties, and approved as required. No oral understanding or
Agreement not incorporated in the Grant is binding on any of the parties. In no case shall
the Department materially alter the scope of the Project set forth in Exhibit A.
3. ASSIGNMENT: This Grant is not assignable by the Grantee,either in whole or in part,
without the written consent of the Grant Manager in the form of a written amendment to the
Grant.
4. AUDIT: Grantee agrees that the Department,the Bureau of State Audits, or their designated
representative shall have the right to review and to copy any records and supporting
documentation pertaining to this Grant. Grantee agrees to maintain such records 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 procedures will be sufficient to permit
tracing of all grant funds to a level of expenditure adequate to establish that such funds have
not been used in violation of any applicable state or federal law, or the provisions of this
Grant. Grantee further agrees that it will maintain separate Project accounts in accordance
with generally accepted accounting principles.
8. GOVERNING LAW: This Grant is governed by and shall be interpreted in accordance with
the laws of the State of California.
County of Fresno
Grant 21-10553
Page 2 of 4
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 underthis
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 Department's Grant Manager in writing at least
twenty(20)working days before any public or media event publicizing the accomplishments
and/or results of the Project and provide the opportunity for attendance and participation by
Department's representatives.
12. NO THIRD-PARTY RIGHTS: The Department and Grantee do not intend to create any
rights or remedies for any third- party as a beneficiary of this Grant or the project.
13. NOTICE: Grantee shall promptly notify the Department's Grant Manager in writing of any
events, developments or changes that could affect the completion of the project or the budget
approved 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
significant actions relative to the Project;
B. Establish separate accounts which will adequately and accurately depict all
amounts received and expended on this Project, including all grant funds received
under this Grant;
C. Establish separate accounts which will adequately depict all income received which
is attributable to the Project, especially including any income attributable to grant
funds disbursed under this Grant;
D. Establish an accounting system which will adequately depict final total costs of the
Project, including both directand indirectcosts; and,
E. Establish such accounts and maintain such records as may be necessary for the
state to fulfill federal reporting requirements,includingany 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
Grant 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)for any profit
making venture or sell or grant rights to a third-party who intends to do so. The Department
has the right to use submitted data for all governmental purposes.
18.VENUE: (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 Government Code section 13989.6 ("Section 13989.E"):
1) Grantee is responsible for ensuring that any publishing or copyright agreements
concerning submitted manuscripts fully complywith Section 13989.6.
2) Grantees shall report to the Department the final disposition of the research grant,
including, but not limited to, if it was published, when it was published,where it was
published, when the 12-month time period expires, and where the manuscriptwill be
available for open access.
3) For a manuscript that is accepted for publication in a peer-reviewed journal, the
Grantee shall ensure that an electronic version of the peer-reviewed manuscript is
available to the department and on an appropriate publicly accessible database
approved by the Department, including, but not limited to, the University of California's
eScholarship Repository at the California Digital Library, PubMed Central, or the
California Digital Open Source Library, to be made publicly available not later than 12
months after the official date of publication. Manuscripts submitted to the California
Digital Open Source Library shall be exempt from the requirements in subdivision (b)
of Section 66408 of the Education Code. Grantee shall make reasonable efforts to
comply with this requirement by ensuring that their manuscript is accessible on an
approved publicly accessible database, and notifying the Departmentthat the
manuscript is available on a department-approved database. If Grantee is unable to
ensure that their manuscript is accessible on an approved publicly accessible
database, Grantee may comply by providing the manuscript to the Department not
later than 12 months after the official date of publication.
County of Fresno
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 determinesthat 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 require the Grantee to submit additional
information or a plan for resolving the conflict,subject to CDPH review and prior approval.
B. Conflicts of interest include, but are not limited to:
1) An instance where the Grantee or any of its subgrants, or any employee, officer, or
director of the Grantee or any subgrant or has an interest, financial or otherwise,
whereby the use or disclosure of information obtained while performing services under
the grant would allow for private or personal benefit or for any purpose that is contrary to
the goals and objectives of the grant.
2) An instance where the Grantee's or any subgrant's employees, officers, or directors use
their positions for purposes that are, or give the appearance of being, motivated by a
desire for private gain for themselves or others,such as those with whom they have
family, business or other ties.
C. If CDPH is or becomes aware of a known or suspected conflict of interest, the Grantee will
be given an opportunity to submit additional information or to resolve the conflict. A Grantee
with a suspected conflict of interest will have five (5)working days from the date of
notification of the conflict by CDPH to provide complete information regarding the suspected
conflict. If a conflict of interest is determined to exist by CDPH and cannot be resolved to
the satisfaction of CDPH, the conflict will be grounds for terminating the grant. CDPH may,
at its discretion upon receipt of a written request from the Grantee, authorize an extension of
the timeline indicated herein.
County of Fresno
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 1of11
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 Contractorand CDPH, including Exhibit A(Scope
of Work), all other exhibits and any other attachments, and shall prevail over any such conflicting terms
or conditions.
11. 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.
Ill. 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 underany 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-HIPAA/HITECH 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 Contractorand 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 otherthan performing the Contractor's obligations under its agreement
with CDPH.
VI. Safeguards: The Contractorshall 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.
VI II. Security Officer: At each place where CDPH PCI is located, the Contractor shall designate a Security
Officer to 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 certificationswithin 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 bytelephone call plus email orfax upon the discoveryof a breach (as defined in
this Exhibit), and within twenty-four(24) hours by email orfax 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 a weekend 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 Officerof 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-HIPAA/HITECH 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(a.cdph.ca.gov Email: cdphiso(cDcdph.ca.q_ov
Telephone: (877)421-9634 Telephone: (855) 500-0016
XI I. Documentation of Disclosures for Reg uestsforAccountinq: 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.
XI11. 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 Contractorand 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 providefor 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, VI I 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. Con fidentialityStatement. 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 fora 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
assessment/system security review.
E. Minimum Necessary. Only the minimum necessary amount of CDPH PCI required to
perform necessary business functions may be copied, downloaded, or exported.
F. Removable media devices. All electronic files that contain CDPH PCI data must be
encrypted when stored on any removable media or portable device (i.e., USB thumb drives,
floppies, CD/DVD, smart devices, tapes, etc.). PCI must be encrypted using a FIPS 140-2
certified algorithm, such as Advanced Encryption Standard (AES), with a 128bit key or higher.
G. Antivirus software. All workstations, laptops and other systems that process and/or store
CDPH PCI must install and actively use a comprehensive anti-virus software solution with
automatic updates scheduled at least daily.
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. UserlDs 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 groupsfrom 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 procedure that ensures separation of duties and protects the
confidentiality, integrity, and availability of data.
4. Business Continuity/Disaster Recovery Controls
A. Disaster Recovery. Contractor must establish a documented plan to enable continuation of
critical business processes and protection of the security of electronic CDPH PCI in the
event of an emergency. Emergency means any circumstance or situation that causes
normal computer operations to become unavailable for use in performing the work required
under this agreement for more than 24 hours.
B. Data Backup Plan. Contractor must have established documented procedures to securely
backup CDPH PCI to maintain retrievable exact copies of CDPH PCI. The backups shall be
encrypted. The plan must include a regular schedule for making backups, storing backups
offsite, an inventory of backup media, and the amount of time to restore CDPH PCI should it
be lost. At a minimum, the 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. Confidential Destruction. 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 a vendor 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
21-1055 3 L h-
Contract/Grant Number Signature of Person Signing for Grantee
Chairman of the Board of Supervisors
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
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 0348-0046
(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 For Material Change Only:
d. loan
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:
8. 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,Ml): 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 1 st 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, the official named below, certify under penalty of perjury under I Federal ID Number
the laws of the State of California that the foregoing is true and
correct.
Proposer/Bidder Firm Name (Printed)
County of Fresno
--------------------------------------------------------- -----------------------�
By(Aut-orized Signature)
Printed Name and Title of Person Signing -�
Brian Pacheco, Chairman of the Board of Supervisors of the County of Fresno
--------------------------------r----------------------------------------------�
Date Executed I Executed in the County and State of
2 Z. Fresno California
L--------------------------------L----------------------------------------------1
ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
County of Fresno,S ate zof California
Depu ff ia
By &o Cl
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
County of Fresno
By (Authorized Signature) ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
�I• Count of Fresno,State of California
B
Printed Name and Title of Person Signing Dep y
Brian Pacheco, Chairman of the Board of Supervisors of the County of Fresno
Date Executed Executed in the County of
Fresno
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that
no more than one (1) final unappealable finding of contempt of court by a Federal court
has been issued against Contractor within the immediately preceding two-year period
because of Contractor's failure to comply with an order of a Federal court, which orders
Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract
Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment, materials, or
supplies furnished to the state pursuant to the contract have been laundered or produced
in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor,
or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweatfree
Code of Conduct as set forth on the California Department of Industrial Relations website
located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises if reasonably
required by authorized officials of the contracting agency, the Department of Industrial
Relations, or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of$100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of$100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance of
the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies
with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued pursuant
to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing within
the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State
with a copy of a resolution, order, motion, or ordinance of the local governing body which
by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall
not be: (1) in violation of any order or resolution not subject to review promulgated by the
State Air Resources Board or an air pollution control district; (2) subject to cease and
desist order not subject to review issued pursuant to Section 13301 of the Water Code for
violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
Agreement Between the County of Fresno and California Department of
Public Health
Name: Sexually Transmitted Disease (STD) Program Management DIS Workforce
Development Agreement No. 21-10553
Fund/Subclass: 0001/10000
Organization #: 56201661
Revenue Account #: 4380