HomeMy WebLinkAboutAgreement A-22-515 with CDPH.pdf State of California—Health and Human Services Agency
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TOMAS J.ARAGON,M.D.,Dr.P.H GAVIN NEWSOM
Director and State Public Health Officer Governor
DATE: 6/17/2022
TO: County of Fresno
1221 Fulton Street
Fresno, CA 93721
FROM: California Department of Public Health (CDPH)
SUBJECT: American Recovery Plan (ARP) Grant# 21-10739
Please find attached the above-referenced grant Agreement between the California
Department of Public Health and County of Fresno for your review and signature.
The Agreement is an Adobe Acrobat PDF document with "READ ONLY" attributes. If you
encounter any problems, please contact me immediately for assistance. Please do not alter this
Agreement, but if necessary, all requests for changes/corrections must be submitted to CDPH
for Contract Management Unit approval prior to Contractor signature.
To approve this Agreement sign and return only the following checked items (electronic
signatures are accepted):
❑x Standard Agreement (Std. 1229) signature page only (page one of the contract
Agreement)
❑x Federal Terms and Conditions lobbying certification signature pages only (pages 9 and 11
of the Exhibit E)
❑ Payee Data Record (Std. 204)
❑x One (1) original copy of the Board Resolution//Order/Motion, ordinance or other
similar document authorizing execution of the agreement
❑ Self-insurance or copies of insurance certificates proving possession of appropriate liability
insurance that meets the requirements of the agreement
CDPH Maternal, Child and Adolescent Health Division/Center for Family Health HcurN°���°
MS 8300 • P.O. Box 997420 • Sacramento, CA 95899-7420
(916) 650-0300 9 (916) 650-0305 FAX
Department Website (www.cdph.ca.gov) �y�(
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0 CCC 04/2017, Contractor Certification -The attached Contractor Certification package
contains clauses and conditions that may apply to your Agreement and to person(s) doing
business with the State of California. The Certification will be kept on file in a central location
and must be renewed every three (3) years.
The General Terms and Conditions (GTC 04/2017) can be viewed by clicking on the following
link: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-
List-Folder/Standard-Contract-Language. Please print or save a copy for your files.
Failure to sign and submit the required forms by the date indicated will result in delayed
approval of your agreement.
Please return all requested signed pages to this address:
California Department of Public Health (CDPH)
Attn: Christina Jenkins, Contract Manager
Maternal, Child and Adolescent Health Division
1615 Capitol Avenue, Suite 73.560
MS 8305
Sacramento, CA 95814
The anticipated start date of this Agreement is the date of final approval, through September
30, 2023, however please be advised that this Agreement is not valid until final State approval
has been obtained. In an effort to expedite this Agreement through the approval process, we
request that the attached items be returned no later than July 1, 2022. Please let me know if
you need additional time to return the Agreement. Upon final approval, you will receive an
executed copy.
If you have any questions and/or concerns, please contact me at the number listed below.
Thank you,
Christina Jenkins
Contracts Manager
MCAH, Contracts Administrative Oversight Unit
California Department of Public Health (Bldg. 173)
1615 Capitol Avenue, Suite 560-MS 8305
P.O. Box 997420
Sacramento, CA 95814
Phone: (916) 650-0397
Enclosures
cc: Terrance Lu, CMU Analyst
Susan Henry, Staff Services Manager I
Anina Sanchez, Program Consultant
Chia Xiong, Program Consultant
Confidentiality Notice: This email message, including any attachments, is for the sole use of the
intended recipient(s) and may contain confidential and privileged information that is protected
from disclosure. Any unauthorized review, use, disclosure or distribution is strictly prohibited.
If you are not the intended recipient, please contact the sender immediately by reply email and
permanently destroy all copies of the original message and any attachments. Thank you.
Agreement No. 22-515
State of California— Health and Human Services Agency—California Department of Public Health
CDPH 1229 (12/2021)
California Home Visiting Project
American Rescue Plan
Awarded By
THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, hereinafter "Department"
TO
County of Fresno, hereinafter "Grantee"
Implementing the "CHVP MIECHV ARP," hereinafter "Project"
GRANT AGREEMENT NUMBER 21-10739
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 (HSC), Section 123235.
The program may include the provision of educational, preventative, diagnostic and
treatment services, including medical care, hospitalization and other institutional care and
aftercare, appliances and facilitating services directed toward reducing infant mortality and
improving the health of mothers and children. The department may make grants or contracts
or advance funds from any funds that are made available for the purposes of the Maternal
and Child Health Program Act (Section 27).
PURPOSE: The Department shall award this Grant Agreement to and for the benefit of the
Grantee; the purpose of the Grant is to support activities directly related to COVID-19 public
health emergency response, in alignment with allowable use of funds as set forth in section
511A(c). HRSA intends for these funds to support home visiting activities that address
immediate needs of parents, children, and families related to the COVID-19 public health
emergency.
GRANT AMOUNT: The maximum amount payable under this Grant Agreement shall not
exceed the amount of$112,523.00.
TERM OF GRANT AGREEMENT: The term of the Grant shall begin upon approval of this
grant and terminates on September 30, 2023. No funds may be requested or invoiced for
services performed or costs incurred after September 30, 2023.
Page 1 of 5
State of California — Health and Human Services Agency—California Department of Public Health
CDPH 1229 (12/2021)
PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant will
be:
California Department of Public Health Grantee: County of Fresno
Name:Christina Jenkins Name: Ge Vue
Address: 1615 Capital Avenue, Suite 73.565 Address: 1221 Fulton Street
MS8305
City, ZIP: Sacramento, CA 95814 City, ZIP: Fresno, CA 93721
Phone: (916) 690-7725 Phone: (559) 600-6340
E-mail: christina.jenkins@cdph.ca.gov E-mail: gevue@fresnocountyca.gov
Direct all inquiries to the following representatives:
California Department of Public Health, Grantee: County of Fresno
Maternal, Child, and Adolescent Health
Attention: Chia XiongAttention: Jennifer Day
Address: 1615 Capital Avenue, Suite 73.565Address: 1221 Fulton Street
MS 8305
City, Zip: Sacramento, CA 95814 City, Zip: Fresno, CA 93721
Phone: Phone: (559) 600-3330
E-mail: chia.xiong@cdph.ca.gov E-mail: jday@fresnocountyca.gov
All payments from CDPH to the Grantee; shall be sent to the following address:
Remittance Address
Grantee: County of Fresno
Attention "Cashier": DPH Business Manager
Address: PO Box 11867
City, Zip: Fresno, CA 93775
Phone: (559) 600-6415
E-mail: dphboap@fresnocountyca.gov
Either party may make changes to the Project Representatives, or remittance address, by
giving a written notice to the other party, said changes shall not require an amendment to
this agreement but must be maintained as supporting documentation. Note: Remittance
Page 2 of 5
State of California— Health and Human Services Agency—California Department of Public Health
CDPH 1229 (12/2021)
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.
Note: Once the Grant Agreement has been fully executed, requests for
modifications/changes thereafter to the existing Exhibit A and/or Exhibit A, Attachment 1, do
not require a formal amendment but must be agreed to in writing by both parties. The
CDPH/Grantee Project Representatives are responsible for keeping records of approved
modifications/changes. Such modifications/changes must be made at least 30 days prior to
implementation. A formal written amendment is required when there is an increase or
decrease in funding or a change in the term of the agreement.
Page 3 of 5
State of California — Health and Human Services Agency—California Department of Public Health
CDPH 1229 (12/2021)
STANDARD GRANT PROVISIONS. The Grantee must adhere to all Exhibits listed
and any subsequent revisions. The following Exhibits are attached hereto or attached by
reference and made a part of this Grant Agreement:
Exhibit A SCOPE OF WORK
Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS
Exhibit C STANDARD GRANT CONDITIONS
Exhibit D ADDITIONAL PROVISIONS
Exhibit E FEDERAL TERMS AND CONDITIONS
Exhibit F EQUIPMENT PURCHASE
Exhibit G INVENTORY/DISPOSITION OF CDPH FUNDED EQUIPMENT
Exhibit H CONTRACTOR'S RELEASE
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 subgrantee's 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:
Page 4 of 5
State of California—Health and Human Services Agency—California Department of Public Health
CDPH 1229 (12/2021)
Date: )L
iI ATTEST: Brian Brian Pacheco, Chairman of the Board of
BERNICE E.SEIDEL Supervisors of the County of Fresno
Clerk of the Board of Supervisors County of Fresno
County of Fresno,State of California 1221 Fulton Street
By Deputy Fresno, CA 93721
Digitally signed by Joseph Torrez
Date:
Joseph To r rez pate:2022.1 1.17 1 1:33:15-08'00'
Joseph Torrez, Chief
Contracts Management Services Section
California Department of Public Health
1616 Capitol Avenue, Suite 74.262
P.O. Box 997377, MS 1800- 1804
Sacramento, CA 95899-7377
Page 5 of 5
County of Fresno
21-10739
Exhibit A
California Home Visiting Program (CHVP)
Maternal, Infant, and Early Childhood Home Visiting (MIECHV)
American Recovery Plan (ARP) Act Funding for Home Visiting (Round 1)
Scope of Work (SOW)
This one-time funding is being made available under section 9101 of the American Rescue Plan (ARP) Act, P.L. 117-2,to entities that currently receive Maternal,
Infant, and Early Childhood Home Visiting (MIECHV) Program funding to address the needs of expectant parents and families with young children during the
COVID-19 public health emergency, through September 30, 2023.
Under Goal 1, please select the categories your Local Implementing Agency will be implementing. You must select at least one category. If a category is
selected, LIA must perform all activities and submit all deliverables to CHVP. *
Goal 1: Under ARP section 9101, LIAs may use the funding for any of the following purposes: ✓
1. Hazard pay or other staff costs For hazard pay or other additional MIECHV staff costs associated with providing home visits or administration for
programs
2. Home visitor training To develop, conduct, and assess training of MIECHV home visitors who are employed by the recipient or
subrecipient
3. Technology To acquire the necessary technological means, for MIECHV enrolled families,to support virtual home visiting
address digital access and equity concerns
4. Emergency supplies To provide emergency supplies to MIECHV enrolled families. If you choose to budget funds for family emergency
supplies, you are required to coordinate with local diaper banks to the extent possible.
5. Diaper bank coordination To provide MIECHV enrolled families with emergency supplies from diaper banks, through reimbursement to, or
purchase from, diaper banks when feasible
6. Prepaid grocery cards To provide prepaid grocery cards to a MIECHV enrolled family for the purpose of meeting the emergency needs
of the family
1
County of Fresno
21-10739
Exhibit A
California Home Visiting Program (CHVP)
Maternal, Infant, and Early Childhood Home Visiting (MIECHV)
American Recovery Plan (ARP) Act Funding for Home Visiting (Round 1)
Scope of Work (SOW)
Activities Responsible Parties Deliverables*
Hazard pay or other staff costs. LIA MCAH/CHVP Director Using CHVP-provided template,
a. Fund hazard pay or other additional staff costs associated with providing home or designee report quarterly on:
visits or administration for programs, including the following staff: - Number of people receiving
• MIECHV-funded LIA staff conducting home visiting(e.g., MIECHV home hazard pay/other staff costs
visitors, MIECHV home visiting supervisors who carry home visiting - Description of activities
caseloads) being performed for hazard
1' • Other MIECHV-funded LIA staff(staff not directly responsible for service pay/other staff costs
delivery) - All other activities related to
*Includes, but is not limited to, costs such as hazard pay, incentive bonuses, overtime hazard or other staff costs
pay, and technology for MIECHV staff performing grant duties in support of service - Number of home visitors
delivery while teleworking. receiving technology
Home visitor training. LIA MCAH/CHVP Director Using CHVP-provided template,
a. Develop a process for identifying and prioritizing target audiences,training or designee report quarterly on:
needs, relevant topics for training of home visiting staff and/or CHVP MIECHV- - Name of training
funded/enrolled families. - Purpose/description of
b. Develop, conduct, and assess training of home visitors that are employed by the training
2. recipient in: conducting a virtual home visit; emergency preparedness and - Date of training
response planning for families; safely conducting intimate partner violence - Number of home visitors
screenings; or safety and planning for families served to improve family participating in training
outcomes in the MIECHV benchmark areas. - All other activities related to
home visitor training
Technology. LIA MCAH/CHVP Director Using CHVP-provided template,
3.
a. Develop and implement a process to assess how technology needs are identified, or designee report quarterly on:
prioritized, and addressed for CHVP MIECHV-funded/enrolled families. - Hardware or software
acquired
2
County of Fresno
21-10739
Exhibit A
California Home Visiting Program (CHVP)
Maternal, Infant, and Early Childhood Home Visiting (MIECHV)
American Recovery Plan (ARP) Act Funding for Home Visiting (Round 1)
Scope of Work (SOW)
b. Acquire the necessary technological means, for CHVP MIECHV-funded home - Process utilized to identify
visiting enrolled families, to support virtual home visiting. and prioritize families
- Number of families
receiving technology
Emergency supplies. LIA MCAH/CHVP Director Using CHVP-provided template,
a. Develop and implement a process for identifying need for supplies and or designee report quarterly on:
distributing emergency supplies to CHVP MIECHV-funded/enrolled families. - Total number of emergency
b. Provide emergency supplies (such as diapers and diapering supplies including supply items purchased
diaper wipes and diaper cream, necessary to ensure that a child using a diaper is - Type and number of
4' properly cleaned and protected from diaper rash,formula, food,water, hand emergency supply items
soap and hand sanitizer)to CHVP MIECHV-funded/enrolled families. If you purchased and distributed
choose to budget funds for emergency supplies,you are required to coordinate - Number of families
with local diaper banks to the extent practicable. receiving emergency
supplies
Diaper bank coordination. LIA MCAH/CHVP Director Using CHVP-provided template,
a. Identify diaper bank partners. or designee report quarterly on:
b. Develop/identify a process for supply referrals and distribution to CHVP MIECHV- - Diaper Bank Agreements
5. funded/enrolled families. - Number of families served
c. Provide CHVP MIECHV-funded/enrolled families with emergency supplies from through agreement
diaper banks, through reimbursement to, or purchase from, diaper banks.
Prepaid grocery cards. LIA MCAH/CHVP Director Using CHVP-provided template,
a. Develop and implement a process to assess how grocery card needs are or designee report quarterly on:
identified, prioritized, and addressed for CHVP MIECHV-funded/enrolled - Number of prepaid grocery
$ families. cards purchased
b. Provide prepaid grocery cards to an eligible family participating in the MIECHV - Frequency of distribution of
program for the purpose of meeting the emergency needs of the family. grocery cards to families
- Process utilized to identify
and prioritize families
3
County of Fresno
21-10739
Exhibit A
California Home Visiting Program (CHVP)
Maternal, Infant, and Early Childhood Home Visiting (MIECHV)
American Recovery Plan (ARP) Act Funding for Home Visiting (Round 1)
Scope of Work (SOW)
- Number of families
receiving prepaid grocery
cards
4
County of Fresno
21-10739
Exhibit A
California Home Visiting Program (CHVP)
Maternal, Infant, and Early Childhood Home Visiting (MIECHV)
American Recovery Plan (ARP) Act Funding for Home Visiting (Round 1)
Scope of Work (SOW)
Goal 2: LIAs must ensure appropriate, allowable, and allocable use of ARP funds:
Activities Responsible Parties Deliverables*
LIAs must complete the attached CHVP ARP Category Budget Breakdown Template and LIA MCAH/CHVP Director Submission of CHVP ARP
submit it, via e-mail, to CA-MCAH-HomeVisiting@cdph.ca.gov within 10 days of or designee Category Budget Breakdown
1. agreement execution within 10 days of agreement
execution.
Ensure that ARP funds are only used to support CHVP MIECHV-funded staff and CHVP LIA MCAH/CHVP Director Quarterly submission of process
MIECHV-funded/enrolled families/participants. or designee used to ensure funds are used
only on CHVP MIECHV-funded
2. staff and home visiting
participants using CHVP-provide
templates and guidance.
Collect pertinent data and information regarding use of ARP funds using CHVP-approved LIA MCAH/CHVP Director Quarterly submission of data in
forms, guidance and mechanisms and report to CHVP regularly and upon request. or designee Share Point and upon request
3. using CHVP-provided templates
and guidance.
Maintain appropriate records and documentation to support the charges against the LIA MCAH/CHVP Director Quarterly submission of records
Federal awards. or designee and documentation to support
4 the charges upon request using
CHVP-provided templates and
guidance.
Continue to give priority in providing services to Priority Populations impacted by COVID- LIA MCAH/CHVP Director Quarterly submission of process
5. 19. or designee developed to ensure funds are
used on priority populations
impacted by COVID-19 using
5
County of Fresno
21-10739
Exhibit A
California Home Visiting Program (CHVP)
Maternal, Infant, and Early Childhood Home Visiting (MIECHV)
American Recovery Plan (ARP) Act Funding for Home Visiting (Round 1)
Scope of Work (SOW)
CHVP-provided templates and
guidance
NOTE: If compliance standards are not met in a timely manner, CHVP may place an LIA on an Extra Support Plan (ESP). In addition, CHVP may temporarily
withhold cash payment pending correction of the deficiency; disallow all or part of the cost of the activity or action out of compliance; wholly or partly suspend
or terminate the award; or withhold further awards.
*All MIECHV ARP data must be reported in SharePoint as required using CHVP templates and guidance. LIAs must submit based on the reporting timeline below.
6
County of Fresno
21-10739
Exhibit A
California Home Visiting Program (CHVP)
Maternal, Infant, and Early Childhood Home Visiting (MIECHV)
American Recovery Plan (ARP) Act Funding for Home Visiting (Round 1)
Scope of Work (SOW)
Fiscal Year Reporting Quarter Data Collection Period Report Submission Period
2021 Q4 July 1—September 30, 2021 October 10, 2021
2022 Q1 October 1-December 31, 2021 January 10, 2022
2022 Q2 January 1-March 31, 2022 April 10, 2022
2022 Q3 April 1-June 30, 2022 July 10, 2022
2022 Q4 July 1—September 30, 2022 October 10, 2022
2023 Q1 October 1-December 31, 2022 January 10, 2023
2023 Q2 January 1-March 31, 2023 April 10, 2023
2023 Q3 April 1-June 30, 2023 July 1-July 10, 2023
2023 Q4 July 1—September 30, 2023 October 1-October 10, 2023
7
County of Fresno
21-10739
Exhibit B
Budget Detail and Payment Provisions
1. Invoicing and Payment
A. The Grantee will be awarded a single lump sum payment of$112,523.00 upon
execution of this Grant Agreement for the services described in Exhibit A, Scope of
Work. This grant shall not exceed $112,523.00 unless amended per Government Code
section 11010.5 (GC § 11010.5)
B. Invoices shall include the Grant Number and shall be submitted electronically no more
frequently than annually to:
Christina Jenkins
California Department of Public Health
California Home Visiting Program
MS 8305
1615 Capital Ave, Suite 73.565
Sacramento, CA 95814
C. Invoices shall:
1) Be prepared on Grantee letterhead. If invoices are not on produced letterhead
invoices must be signed by an authorized official, employee or agent certifying that
the expenditures claimed represent activities performed and are in accordance with
Exhibit A Scope of Work under this Grant.
2) Bear the Grantee's name as shown on the Grant.
3) Identify the billing and/or performance period covered by the invoice.
4) Itemize costs for the billing period in the same or greater level of detail as indicated
in this Grant. Subject to the terms of this Grant, reimbursement may only be sought
for those costs and/or cost categories expressly identified as allowable 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 further force and effect. In this event, the State
shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this Agreement and Grantee shall not be obligated to fulfill any
provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, the State shall have the option to either cancel this Agreement with no liability
occurring to the State or offer an agreement amendment to Grantee to reflect the
reduced amount.
3. Prompt Payment Clause
Page 1 of 2
County of Fresno
21-10739
Exhibit B
Budget Detail and Payment Provisions
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927.
4. Timely Submission of Final Invoice
A. A final undisputed invoice shall be submitted for payment no more than thirty (30)
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
21-10739
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 for a
possible audit for a minimum of three (3) years after final payment or completion of the
project funded with this Grant, unless a longer period of records retention is stipulated.
Grantee agrees to allow the auditor(s) access to such records during normal business hours
and to allow interviews of any employees who might reasonably have information related to
such records. Further, Grantee agrees to include a similar right of the State to audit records
and interview staff in any subcontract related to the project.
5. CONFLICT OF INTEREST: Grantee certifies that it is in compliance with all applicable state
and/or federal conflict of interest laws.
6. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to
any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials, or supplies in connection with
the project, and from any and all claims and losses accruing or resulting to any person, firm
or corporation who may be injured or damaged by Grantee in the performance of any
activities related to the Project.
7. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: Grantee agrees
that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit
tracing of all grant funds to a level of expenditure adequate to establish that such funds have
not been used in violation of any applicable state or federal law, or the provisions of this
Grant. Grantee further agrees that it will maintain separate Project accounts in accordance
with generally accepted accounting principles.
8. GOVERNING LAW: This Grant is governed by and shall be interpreted in accordance with
the laws of the State of California.
County of Fresno
21-10739
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 under this
Grant.
10. INDEPENDENT CONTRACTOR: Grantee, and its agents and employees of Grantee, in the
performance of the Project, shall act in an independent capacity and not as officers,
employees or agents of the Department.
11. MEDIA EVENTS: Grantee shall notify the Department's Grant Manager in writing at least
twenty (20)working days before any public or media event publicizing the accomplishments
and/or results of the Project and provide the opportunity for attendance and participation by
Department's representatives.
12. NO THIRD-PARTY RIGHTS: The Department and Grantee do not intend to create any
rights or remedies for any third- party as a beneficiary of this Grant or the project.
13. NOTICE: Grantee shall promptly notify the Department's Grant Manager in writing of any
events, developments or changes that could affect the completion of the project or the budget
approved for this Grant.
14. PROFESSIONALS: Grantee agrees that only licensed professionals will be used to perform
services under this Grant where such services are called for.
15. RECORDS: Grantee certifies that it will maintain Project accounts in accordance with
generally accepted accounting principles. Grantee further certifies that it will comply with the
following conditions for a grant award as set forth in the Request for Applications (Exhibit D)
and the Grant Application (Exhibit A).
A. Establish an official file for the Project which shall adequately document all
significant actions relative to the Project;
B. Establish separate accounts which will adequately and accurately depict all
amounts received and expended on this Project, including all grant funds received
under this Grant;
C. Establish separate accounts which will adequately depict all income received which
is attributable to the Project, especially including any income attributable to grant
funds disbursed under this Grant;
D. Establish an accounting system which will adequately depict final total costs of the
Project, including both direct and indirect costs; and,
E. Establish such accounts and maintain such records as may be necessary for the
state to fulfill federal reporting requirements, including any and all reporting
requirements under federal tax statutes or regulations.
16. RELATED LITIGATION: Under no circumstances may Grantee use funds from any
disbursement under this Grant to pay for costs associated with any litigation between the
Grantee and the Department.
County of Fresno
21-10739
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 for financial support.
Grantee shall not utilize the materials submitted to the Department (except data)for any profit
making venture or sell or grant rights to a third-party who intends to do so. The Department
has the right to use submitted data for all governmental purposes.
18. VENUE: (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 for free public access to any publication of a department-funded
invention or department-funded technology. Grantee further agrees to all terms and
conditions required by the California Taxpayer Access to Publicly Funded Research Act
(Chapter 2.5 (commencing with Section 13989) of Part 4.5 of Division 3 of Title 2 of the
Government Code).
B. As a condition of receiving the research grant, Grantee agrees to the following terms and
conditions which are set forth in Government Code section 13989.6 ("Section 13989.E"):
1) Grantee is responsible for ensuring that any publishing or copyright agreements
concerning submitted manuscripts fully comply with Section 13989.6.
2) Grantees shall report to the Department the final disposition of the research grant,
including, but not limited to, if it was published, when it was published, where it was
published, when the 12-month time period expires, and where the manuscript will be
available for open access.
3) For a manuscript that is accepted for publication in a peer-reviewed journal, the
Grantee shall ensure that an electronic version of the peer-reviewed manuscript is
available to the department 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 Department that the
manuscript is available on a department-approved database. If Grantee is unable to
ensure that their manuscript is accessible on an approved publicly accessible
database, Grantee may comply by providing the manuscript to the Department not
later than 12 months after the official date of publication.
County of Fresno
21-10739
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 money for publication costs, including fees charged
by a publisher for color and page charges, or fees for digital distribution.
County of Fresno
21-10739
Exhibit D
Additional Provisions
1. Cancellation /Termination
A. This Grant may be cancelled by CDPH without cause upon thirty (30) calendar days
advance written notice to the Grantee.
B. CDPH reserves the right to cancel or terminate this Grant immediately for cause. The
Grantee may submit a written request to terminate this Grant only if CDPH substantially fails
to perform its responsibilities as provided herein.
C. The term "for cause" shall mean that the Grantee fails to meet the terms, conditions, and/or
responsibilities of this agreement. Causes for termination include, but are not limited to the
following occurrences:
1) If the Grantee knowingly furnishes any statement, representation, warranty, or
certification in connection with the agreement, which representation is materially false,
deceptive, incorrect, or incomplete.
2) If the Grantee fails to perform any material requirement of this Grant or defaults in
performance of this agreement.
3) If the Grantee files for bankruptcy, or if CDPH determines that the Grantee becomes
financially incapable of completing this agreement.
D. Grant termination or cancellation shall be effective as of the date indicated in CDPH's
notification to the Grantee. The notice shall stipulate any final performance, invoicing or
payment requirements.
E. In the event of early termination or cancellation, the Grantee shall be entitled to
compensation for services performed satisfactorily under this agreement and expenses
incurred up to the date of cancellation and any non-cancelable obligations incurred in
support of this Grant.
F. In the event of termination, and at the request of CDPH, the Grantee shall furnish copies of
all proposals, specifications, designs, procedures, layouts, copy, and other materials related
to the services or deliverables provided under this Grant, whether finished or in progress on
the termination date.
G. The Grantee will not be entitled to reimbursement for any expenses incurred for services
and deliverables pursuant to this agreement after the effective date of termination.
H. Upon receipt of notification of termination of this Grant, and except as otherwise specified by
CDPH, the Grantee shall:
1) Place no further order or subgrants for materials, services, or facilities.
2) Settle all outstanding liabilities and all claims arising out of such termination of orders
and subgrants.
Page 1 of 3
County of Fresno
21-10739
Exhibit D
Additional Provisions
3) Upon the effective date of termination of the Grant and the payment by CDPH of all
items properly changeable to CDPH hereunder, Grantee shall transfer, assign and make
available to CDPH all property and materials belonging to CDPH, all rights and claims to
any and all reservations, grants, and arrangements with owners of media/PR materials,
or others, and shall make available to CDPH all written information regarding CDPH's
media/PR materials, and no extra compensation is to be paid to Grantee for its services.
4) Take such action as may be necessary, or as CDPH may specify, to protect and
preserve any property related to this agreement which is in the possession of the
Grantee and in which CDPH has or may acquire an interest.
I. CDPH may, at its discretion, require the Grantee to cease performance of certain
components of the Scope of Work as designated by CDPH and complete performance of
other components prior to the termination date of the Grant.
2. Avoidance of Conflicts of Interest by Grantee
A. CDPH intends to avoid any real or apparent conflict of interest on the part of the Grantee,
subgrants, or employees, officers and directors of the Grantee or subgrants. Thus, CDPH
reserves the right to determine, at its sole discretion, whether any information, assertion or
claim received from any source indicates the existence of a real or apparent conflict of
interest; and, if a conflict is found to exist, to require the Grantee to submit additional
information or a plan for resolving the conflict, subject to CDPH review and prior approval.
B. Conflicts of interest include, but are not limited to:
1) An instance where the Grantee or any of its subgrants, or any employee, officer, or
director of the Grantee or any subgrant or has an interest, financial or otherwise,
whereby the use or disclosure of information obtained while performing services under
the grant would allow for private or personal benefit or for any purpose that is contrary to
the goals and objectives of the grant.
2) An instance where the Grantee's or any subgrant's employees, officers, or directors use
their positions for purposes that are, or give the appearance of being, motivated by a
desire for private gain for themselves or others, such as those with whom they have
family, business or other ties.
C. If CDPH is or becomes aware of a known or suspected conflict of interest, the Grantee will
be given an opportunity to submit additional information or to resolve the conflict. A Grantee
with a suspected conflict of interest will have five (5) working days from the date of
notification of the conflict by CDPH to provide complete information regarding the suspected
conflict. If a conflict of interest is determined to exist by CDPH and cannot be resolved to
the satisfaction of CDPH, the conflict will be grounds for terminating the grant. CDPH may,
at its discretion upon receipt of a written request from the Grantee, authorize an extension of
the timeline indicated herein.
3. Dispute Resolution Process
Page 2of3
County of Fresno
21-10739
Exhibit D
Additional Provisions
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.
Page 3 of 3
California Department of Public Health
County of Fresno
21-10739
Exhibit E
Federal Terms and Conditions
(For Federally Funded Grant Agreements)
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. Lobbying Restrictions and Disclosure Certification
6. Additional Restrictions
7. Human Subjects Use Requirments
8. Audit and Record Retention
9. Federal Requirements
CDPH (rev. 12-21) Page 1 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
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 Agreement may have been written
before ascertaining the availability of congressional appropriation of funds, for the mutual
benefit of both parties, in order to avoid program and fiscal delays which would occur if
the Agreement were executed after that determination was made.
b. This Agreement 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
Agreement. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the Congress or any statute enacted by the Congress
which may affect the provisions, terms or funding of this Agreement in any manner.
c. It is mutually agreed that if the Congress does not appropriate sufficient funds for the
program, this Agreement shall be amended to reflect any reduction in funds.
d. CDPH has the option to invalidate or cancel the Agreement with 30-days advance written
notice or to amend the Agreement 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
CDPH (rev. 12-21) Page 2 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
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.
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
CDPH (rev. 12-21) Page 3 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
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.
(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.
CDPH(rev. 12-21) Page 4 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
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. 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 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
CDPH (rev. 12-21) Page 5 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
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.
6. 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. 12-21) Page 6 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
7. Human Subjects Use Requirements
(Applicable only to federally funded agreements in which performance, directly or through a
subgrantee/subaward, includes any tests or examination of materials derived from the human
body.)
By signing this Agreement, Grantee 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.
8. Audit and Record Retention
(Applicable to agreements in excess of$10,000.)
a. The Grantee 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 Grantee'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. Grantee agrees that CDPH, 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. 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, the Grantee agrees
to include a similar right of the State to audit records and interview staff in any subgrantee
related to performance of this Agreement. (GC 8546.7, CCR Title 2, Section 1896).
d. The Grantee 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.
CDPH(rev. 12-21) Page 7 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
f. The Grantee may, at its discretion, following receipt of final payment under this
Agreement, reduce its accounts, books and records related to this Agreement to
electoronic data storage device. Upon request by an authorized representative to inspect,
audit or obtain copies of said records, the Grantee and/or Subgrantee must supply or
make available applicable devices, hardware, and/or software necessary to view, copy
and/or print said records.
9. Federal Requirements
Grantee agrees to comply with and shall require all subgrantee's, 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. 12-21) Page 8 of 13
California Department of Public Health—Federal Terms and Conditions Exhibit E
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
Name of Grantee Printed Name of Person Signing for Grantee
I
Contract/ Grant Number Signature of Person Signing for Grantee
Chairman of the Board of Supervisors of the
�ounN of Fresno
Date Title ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
After execution by or on behalf of Grantee, please return to: County of Fresno,State of California
By Deputy
CDPH(rev. 12-21) Page 9 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
California Department of Public Health
Program
P.O. Box 997377, MS 8300
Sacramento, CA 95899
CDPH reserves the right to notifiy the Grantee in writing of an alternate submission address.
CDPH (rev. 12-21) Page 10 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
Attachment 2
CERTIFICATION REGARDING LOBBYING
Approved by OMB Complete this form to disclose lobbying
activities pursuant to 31 U.S.C. 13520348-0046
(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 c. post-award For Material Change Only:
agreement
d. loan Year quarter
e. loan guarantee
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:
6. Federal Department/Agency l 1 7. Federal Program Name/Description:
8. Federal Action Number, if known: 9. Award Amount, if known:
10.a. Name and Address of Lobbying b. Individuals Performing Services (including
Registrant address if different from 10a.
(If individual, last name, first name, MI): (Last name, First name, MI):
11.Information requested through this form
is authorized by title 31 U.S.C. section Signature:
1352. This disclosure of lobbying
activities is a material representation of Print Name:
fact upon which reliance was placed by Title:
the tier above when this transaction was Telephone No.: Date:
made or entered into. This disclosure is
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 than
$100,000 for each such failure.
Federal Use Only Authorized for Local Reproduction
Standard Form-LLL (Rev. 7-97)
CDPH (rev. 12-21) Page 11 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
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.
CDPH(rev. 12-21) Page 12 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
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. 12-21) Page 13 of 13
State of California—Health and Human Services Agency California Department of Public Health
Exhibit F
CONTRACTOR EQUIPMENT PURCHASED WITH CDPH FUNDS
Current Contract Number: 21-10739 Date Current Contract Expires: 09/30/2023
Previous Contract Number(if applicable): CDPH Program Name: CHVP American Recovery Plan
Contractor's Name: County of Fresno CDPH Program Contract Manager: Christina Jenkins
CDPH Program Address: 1615 Capitol Ave, Sacramento CA, 95814
Contractor's Complete Address:
CDPH Program Contract Manager's Telephone Number: 916-690-7725 (cell)
Contractor's Contact Person: Date of this Report:
Contact's Telephone Number:
(THIS IS NOT A BUDGET FORM)
ITEM DESCRIPTION
STATE/CDPH 1. Include manufacturer's name,model number,type,size,and/or capacity. OPTIONAL
PROPERTY TAG UNIT COST CDPH PURCHASE MAJOR/MINOR EQUIPMENT
(If motor vehicle,list 2. If motor vehicle,list year,make,model number,type of vehicle(van,sedan,pick-up,etc.) PER ITEM ORDER(STD 65) DATE SERIAL NUMBER PROGRAM USE
license number.) QUANTITY 3. If van,include passenger capacity. (Before Tax) NUMBER PURCHASED (If motor vehicle,list VIN number.) ONLY
$
$
$
CDPH 1203(08/07)
INSTRUCTIONS FOR CDPH 1203
(Please read carefully.)
The information on this form will be used by the California Department of Public Health (CDPH)Asset Management (AM)to tag contract equipment and/or
property (see definitions A, and B) which is purchased with CDPH funds and is used to conduct state business under this contract. After the Standard
Agreement has been approved and each time state/CDPH equipment and/or property has been received, the CDPH Program Contract Manager is
responsible for obtaining the information from the Contractor and submitting this form to CDPH AM. The CDPH Program Contract Manager is responsible
for ensuring the information is complete and accurate. (See Public Health Administrative Manual (PHAM), Section 1-1030 and
Section 1-1070.)
Upon receipt of this form from the CDPH Program Contract Manager, AM will fill in the first column with the assigned state/CDPH property tag, if applicable,
for each item (See definitions A and B). AM will return the original form to the CDPH Program Contract Manager, along with the appropriate property tags.
The CDPH Program Contract Manager will then forward the property tags and the original form to the Contractor and retain one copy until the termination
of this contract. The Contractor should place property tags in plain sight and, to the extent possible, on the item's front left-hand corner. The manufacturer's
brand name and model number are not to be covered by the property tags.
1. If the item was shipped via the CDPH warehouse and was issued a state/CDPH property tag by warehouse staff, fill in the assigned property tag. If
the item was shipped directly to the Contractor, leave the first column blank.
2. Provide the quantity, description, purchase date, base unit cost, and serial number (if applicable) for each item of:
A. Major Equipment:
• Tangible item having a base unit cost of$5,000 or more and a life expectancy of one (1) year or more.
• Intangible item having a base unit cost of$5,000 or more and a life expectancy of one (1) year or more (e.g., software, video).
These items are issued green numbered state/ CDPH property tags.
B. Minor Equipment/Property: Specific tangible items with a life expectancy of one (1) year or more that have a base unit cost less than $5,000.
These items are issued green unnumbered "BLANK" state/ CDPH property tags with the exception of the following, which are issued numbered
tags: Personal Digital Assistant (PDA), PDA/cell phone combination (Blackberries), laptops, desktop personal computers, LAN servers, routers, and
switches. NOTE: It is CDPH policy not to tag modular furniture. (See your Federal rules, if applicable.)
3. Provide the CDPH Purchase Order (STD 65) number if the items were purchased by CDPH.
4. If a vehicle is being reported, provide the Vehicle Identification Number (VIN) and the vehicle license number to CDPH Vehicle Services.
5. If all items being reported do not fit on one form, make copies and write the number of pages being sent in the upper right-hand corner (e.g., "Page 1
of 3.") The CDPH Program Contract Manager should retain one copy and send the original to: California Department of Public Health, Asset
Management, MS 1801, P.O. Box 997377, 1501 Capitol Avenue, Sacramento, CA 95899-7377.
6. Property tags that have been lost or destroyed must be replaced. Replacement property tags can be obtained by contacting AM at (916) 341-6168.
7. Use the version on the CDPH Intranet forms site. The CDPH 1203 consists of one page for completion and one page with information and instructions.
CDPH 1203(08/07)
State of California—Health and Human Services Agency
California Department of Public Health
Exhibit H
Contractor's Release
Instructions to Contractor:
With final invoice(s)submit one(1) original and one(1)copy. The original must bear the original signature of a person
authorized to bind the Contractor. The additional copy may bear photocopied signatures.
Submission of Final Invoice
Pursuant to contract number 21-10739 entered into between the California Department of Public Health (CDPH)
and the Contractor(identified below),the Contractor does acknowledge that final payment has been requested via invoice
number(s) , in the amount(s)of$ and dated
If necessary, enter"See Attached"in the appropriate blocks and attach a list of invoice numbers, dollar amounts and invoice dates.
Release of all Obligations
By signing this form, and upon receipt of the amount specified in the invoice number(s) referenced above,the Contractor does
hereby release and discharge the State, its officers, agents and employees of and from any and all liabilities, obligations, claims, and
demands whatsoever arising from the above referenced contract.
Repayments Due to Audit Exceptions/Record Retention
By signing this form, Contractor acknowledges that expenses authorized for reimbursement does not guarantee final allowability of
said expenses. Contractor agrees that the amount of any sustained audit exceptions resulting from any subsequent audit made
after final payment will be refunded to the State.
All expense and accounting records related to the above referenced contract must be maintained for audit purposes for no less than
three years beyond the date of final payment, unless a longer term is stated in said contract.
Recycled Product Use Certification
By signing this form, Contractor certifies under penalty of perjury that a minimum of 0% unless otherwise specified in writing of post
consumer material, as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold
to the State regardless of whether it meets the requirements of Public Contract Code Section 12209. Contractor specifies that
printer or duplication cartridges offered or sold to the State comply with the requirements of Section 12156(e).
Reminder to Return State Equipment/Property(If Applicable)
(Applies only if equipment was provided by CDPH or purchased with or reimbursed by contract funds)
Unless CDPH has approved the continued use and possession of State equipment(as defined in the above referenced contract)for
use in connection with another CDPH agreement, Contractor agrees to promptly initiate arrangements to account for and return said
equipment to CDPH, at CDPH's expense, if said equipment has not passed its useful life expectancy as defined in the above
referenced contract.
Patents/Other Issues
By signing this form, Contractor further agrees, in connection with patent matters and with any claims that are not specifically
released as set forth above,that it will comply with all of the provisions contained in the above referenced contract, including, but not
limited to, those provisions relating to notification to the State and related to the defense or prosecution of litigation.
ONLY SIGN AND DATE THIS DOCUMENT WHEN ATTACHING IT TO THE FINAL INVOICE
Contractor's Legal Name (as on contract):
Signature of Contractor or Official Designee: Date:
Printed Name/Title of Person Signing:
Distribution: Accounting(Original) Program
CDPH 2352(7/07)
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:
L
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,state of California
Printed Name and Title of Person Signing By Deputy
Brian Pacheco, Chairman of the Board of Supervisors of the County of Fresno
Date Executed Executed in the County of
I! -& - ;,Z �i-eSY�p
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.
General Terms and Conditions (GTC 04/2017)
EXHIBIT C
1. APPROVAL: This Agreement is of no force or effect until signed by both parties
and approved by the Department of General Services, if required. Contractor
may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No
oral understanding or Agreement not incorporated in the Agreement is binding on
any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in
whole or in part, without the consent of the State in the form of a formal written
amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, 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 the performance of this Agreement. Contractor agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment, unless a longer
period of records retention is stipulated. 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. Further,
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. (Gov. Code
§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses accruing
or resulting to any and all contractors, subcontractors, suppliers, laborers, and any
other person, firm or corporation furnishing or supplying work services, materials, or
supplies in connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this
Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements of
this Agreement at the time and in the manner herein provided. In the event of such
termination the State may proceed with the work in any manner deemed proper by
the State. All costs to the State shall be deducted from any sum due the Contractor
under this Agreement and the balance, if any, shall be paid to the Contractor upon
demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty
of perjury, the minimum, if not exact, percentage of post-consumer material as
defined in the Public Contract Code Section 12200, in products, materials, goods, or
supplies offered or sold to the State regardless of whether the product meets the
requirements of Public Contract Code Section 12209. With respect to printer or
duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply
(Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract's benefits to any person
on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military
and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation
and treatment of employees and applicants for employment are free of such
discrimination. Contractor and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of
Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
§§11135-11139.5), and the regulations or standards adopted by the awarding state
agency to implement such article. Contractor shall permit access by representatives
of the Department of Fair Employment and Housing and the awarding state agency
upon reasonable notice at any time during the normal business hours, but in no case
less than 24 hours' notice, to such of its books, records, accounts, and all other
sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
§11105.)
Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference
and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein,
shall be in compensation for all of Contractor's expenses incurred in the
performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the
Contractor shall comply with the requirements of the Government Codes Sections
set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions
or public agencies on whose behalf the Attorney General may bring an
action pursuant to subdivision (c) of Section 16750 of the Business and
Professions Code.
2) "Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and
agrees that if the bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods,
materials, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective
at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned
under this chapter, the assignor shall be entitled to receive reimbursement
for actual legal costs incurred and may, upon demand, recover from the
public body any portion of the recovery, including treble damages,
attributable to overcharges that were paid by the assignor but were not paid
by the public body as part of the bid price, less the expenses incurred in
obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the contractor acknowledges in accordance with Public Contract Code
7110, that:
a. The contractor recognizes the importance of child and family support
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the
earnings assignment orders of all employees and is providing the names
of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected
thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess
of $200,000, the Contractor shall give priority consideration in filling vacancies in
positions funded by the Contract to qualified recipients of aid under Welfare and
Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION
REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small
business participation, then Contractor must within 60 days of receiving
final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) report to the awarding department
the actual percentage of small business participation that was achieved.
(Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled
veteran business enterprise (DVBE) participation, then Contractor must
within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract)
certify in a report to the awarding department: (1) the total amount the
prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract; (3) the
amount each DVBE received from the prime Contractor; (4) that all
payments under the Contract have been made to the DVBE; and (5) the
actual percentage of DVBE participation that was achieved. A person or
entity that knowingly provides false information shall be subject to a civil
penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code §
14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a "loss
leader" as defined in Section 17030 of the Business and Professions Code. (PCC
10344(e).)
Agreement Funding Application Between the County of Fresno and the
California Department of Public Health
Agreement Name: CDPH California Home Visiting Program related to the COVID-19
Public Health "CHVP MIECHVP ARP" American Recovery Plan (ARP) Grant # 21-10739
Fund/Subclass: 0001/10000
Organization #: 56201718
Revenue Account #: 4380