HomeMy WebLinkAboutAgreement A-23-128 with BLACK Wellness Prosperity Center.pdf Agreement No. 23-128
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated March 28, 2023 and is between
3 BLACK Wellness & Prosperity Center, a California non-profit organization ("Contractor"), and
4 the County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. The Black Infant Health (BIH) Program is a specialized California Department of Public
7 Health (CDPH) Maternal, Child and Adolescent Health program created to ensure women in
8 California are healthy before, during and after pregnancy, ensure all infants born healthy and
9 thrive in their first year of life, and reduce infant mortality with a focus on reducing disparities.
10 Funding for the BIH Program has historically been provided since 2014 by CDPH to the
11 County for ongoing support of the BIH program through County's Department of Public Health
12 (DPH).
13 B. County, through its DPH, BIH program, desires to improve infant and maternal health of
14 Black Birthing People by promoting health knowledge and healthy behaviors.
15 C. County, through its DPH, is in need of a qualified vendor to engage the Black or Black
16 Ancestry community to support Black Birthing families' health and well-being with education and
17 outreach efforts, educate the public about the factors leading to the disparities in Black maternal
18 and infant birth outcomes by providing consistent and culturally responsive information, and
19 promote enrollment in the CDPH - BIH program.
20 D. County has suspended competition for these services consistent with the County's
21 administrative policies.
22 The parties therefore agree as follows:
23 Article 1
24 Contractor's Services
25 1.1 Scope of Services. The Contractor shall perform all of the services provided in
26 Exhibit A to this Agreement, titled "Scope of Services."
27 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
28 able to perform all of the services provided in this Agreement.
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1 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
2 applicable federal, state, and local laws and regulations in the performance of its obligations
3 under this Agreement, including but not limited to workers compensation, labor, and
4 confidentiality laws and regulations.
5 Article 2
6 Compensation, Invoices, and Payments
7 2.1 The County shall agree to pay, and Contractor agrees to receive, compensation for
8 the performance of its services under this Agreement as described in Exhibit B to this
9 Agreement, titled "Compensation".
10 2.2 Maximum Compensation. The maximum compensation payable to the Contractor
11 under this Agreement for the period of March 14, 2023 through June 30, 2024 is Five Hundred
12 Thousand and No/100 Dollars ($500,000).
13 The Contractor acknowledges that the County is a local government entity, and
14 does so with notice that the County's powers are limited by the California Constitution and by
15 State law, and with notice that the Contractor may receive compensation under this Agreement
16 only for services performed according to the terms of this Agreement and while this Agreement
17 is in effect, and subject to the maximum amount payable under this section. The Contractor
18 further acknowledges that County employees have no authority to pay the Contractor except as
19 expressly provided in this Agreement.
20 2.3 Advance Payment. Contractor may request an advance payment of up to 25% of
21 the maximum compensation. Contractor shall reconcile the advance payment with full,
22 appropriate supporting documentation for all expenses incurred. The Director or his or her
23 designee may make a determination of an appropriate date of reconciling the main advance
24 payment funds. If the reconciliation finds errors on behalf of the Contractor, the Contractor shall
25 have thirty (30) days to cure reconciliation errors. If such errors persist, the Contractor shall
26 promptly refund all advanced monies upon demand.
27 2.4 Invoices. The Contractor shall submit monthly invoices to County of Fresno
28 Department of Public Health, Public Health Nursing Division, P.O. Box 11867, Fresno, CA
2
1 93775, Attention: Division Manager at ')PHBOAP(qfresnocountyca.go� . The Contractor shall
2 submit each invoice within 30 days after the month in which the Contractor performs services
3 and in any case within 45 days after the end of the term or termination of this Agreement.
4 2.5 Payment. The County shall pay each correctly completed and timely submitted
5 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
6 address specified in the invoice.
7 2.6 Funding. Funding for these services is provided by the California Department of
8 Public Health, Black Infant Health, through Federal funds that have been authorized through the
9 State of California Health and Safety Code, Section 123260.
10 2.7 Incidental Expenses. The Contractor is solely responsible for all of its costs and
11 expenses that are not specified as payable by the County under this Agreement.
12 Article 3
13 Term of Agreement
14 3.1 Term. This Agreement is effective on March 14, 2023 and terminate on June 30,
15 2024 except as provided in section 3.2, "Extension," or Article 5, "Termination and Suspension,"
16 below.
17 3.2 Extension. The term of this Agreement may be extended for no more than two, one-
18 year periods only upon written approval of both parties at least 30 days before the first day of
19 the next one-year extension period. The Director of the Department of Public Health or his or
20 her designee is authorized to sign the written approval on behalf of the County based on the
21 Contractor's satisfactory performance. The extension of this Agreement by the County is not a
22 waiver or compromise of any default or breach of this Agreement by the Contractor existing at
23 the time of the extension whether or not known to the County.
24 Article 4
25 Notices
26 4.1 Contact Information. The persons and their addresses having authority to give and
27 receive notices provided for or permitted under this Agreement include the following:
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For the County:
3
1 Director, Department of Public Health
County of Fresno
2 PO BOX 11867
Fresno, CA 93775
3 DPHContracts@fresnocountyca.gov
4 For the Contractor:
BLACK Wellness & Prosperity Center
5 Attn: Shantay R. Davies-Balch
1133 S Street
6 Fresno, CA 93721
shantay@black-enterprises.com
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4.2 Change of Contact Information. Either party may change the information in section
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4.1 by giving notice as provided in section 4.3.
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4.3 Method of Delivery. Each notice between the County and the Contractor provided
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for or permitted under this Agreement must be in writing, state that it is a notice provided under
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this Agreement, and be delivered either by personal service, by first-class United States mail, by
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an overnight commercial courier service, by telephonic facsimile transmission, or by Portable
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Document Format (PDF) document attached to an email.
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(A) A notice delivered by personal service is effective upon service to the recipient.
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(B) A notice delivered by first-class United States mail is effective three County
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business days after deposit in the United States mail, postage prepaid, addressed to the
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recipient.
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(C)A notice delivered by an overnight commercial courier service is effective one
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County business day after deposit with the overnight commercial courier service,
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delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
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the recipient.
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(D)A notice delivered by telephonic facsimile transmission or by PDF document
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attached to an email is effective when transmission to the recipient is completed (but, if
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such transmission is completed outside of County business hours, then such delivery is
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deemed to be effective at the next beginning of a County business day), provided that
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the sender maintains a machine record of the completed transmission.
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4.4 Claims Presentation. For all claims arising from or related to this Agreement,
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nothing in this Agreement establishes, waives, or modifies any claims presentation
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1 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
2 of Title 1 of the Government Code, beginning with section 810).
3 Article 5
4 Termination and Suspension
5 5.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
6 contingent on the approval of funds by the appropriating government agency. If sufficient funds
7 are not allocated, then the County, upon at least 30 days' advance written notice to the
8 Contractor, may:
9 (A) Modify the services provided by the Contractor under this Agreement; or
10 (B) Terminate this Agreement.
11 5.2 Termination for Breach.
12 (A) Upon determining that a breach (as defined in paragraph (C) below) has
13 occurred, the County may give written notice of the breach to the Contractor. The written
14 notice may suspend performance under this Agreement, and must provide at least 30
15 days for the Contractor to cure the breach.
16 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
17 time stated in the written notice, the County may terminate this Agreement immediately.
18 (C) For purposes of this section, a breach occurs when, in the determination of the
19 County, the Contractor has:
20 (1) Obtained or used funds illegally or improperly;
21 (2) Failed to comply with any part of this Agreement;
22 (3) Submitted a substantially incorrect or incomplete report to the County; or
23 (4) Improperly performed any of its obligations under this Agreement.
24 5.3 Termination without Cause. In circumstances other than those set forth above, the
25 County may terminate this Agreement by giving at least 30 days advance written notice to the
26 Contractor.
27 5.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
28 under this Article 5 is without penalty to or further obligation of the County.
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1 5.5 County's Rights upon Termination. Upon termination for breach under this Article
2 5, the County may demand repayment by the Contractor of any monies disbursed to the
3 Contractor under this Agreement that, in the County's sole judgment, were not expended in
4 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
5 demand. This section survives the termination of this Agreement.
6 Article 6
7 Funding Source
8 6.1 Services Funding Source. Funding for these services is provided by the Health
9 Resources and Services Administration's, Maternal and Child Health Bureau, Title V Maternal
10 and Child Health Block Grant (Catalog of Federal Domestic Assistance Number 93.994), and/or
11 any other applicable funding made available through legislation.
12 Article 7
13 Federal Funding Terms and Conditions
14 7.1 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
15 Exclusion-Lower Tier Covered Transactions.
16 (A) County and Contractor recognize that Contractor is a recipient of Federal funds
17 under the terms of this Agreement. By signing this Agreement, Contractor agrees to
18 comply with applicable Federal suspension and debarment regulations, including but not
19 limited to: 7 CFR 3016.35, 29 CFR 97.35, 45 CFR 92.35, and Executive Order 12549.
20 By signing this Agreement, Contractor attests to the best of its knowledge and belief,
21 that it and its principals:
22 (1) Are not presently debarred, suspended, proposed for debarment, declared
23 ineligible, or voluntarily excluded by any Federal department or agency; and
24 (2) Shall not knowingly enter into any covered transaction with an entity or
25 person who is proposed for debarment under Federal regulations, debarred,
26 suspended, declared ineligible, or voluntarily excluded from participation in
27 such transaction.
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1 (B) Contractor shall provide immediate written notice to County if at during any time
2 during the term of this Agreement Contractor learns that the representations it makes
3 above were erroneous when made or have become erroneous by reason of changed
4 circumstances.
5 (C) Contractor shall include a clause titled, "Certification Regarding Debarment,
6 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions"
7 and similar in nature to this paragraph in all lower tier covered transactions and it all
8 solicitations for lower tier covered transactions.
9 (D) Contractor shall, prior to soliciting or purchasing goods and services in excess of
10 $25,000 funded by this Agreement, review and retain the proposed vendor's suspension
11 and debarment status at https://sam.gov/SAM/.
12 1H
13 7.2 Property of County. Contractor agrees to take reasonable and prudent steps to
14 ensure the security of any and all said hardware and software provided to it by County under
15 this Agreement, to maintain replacement-value insurance coverages on said hardware and
16 software of like kind and quality approved by County.
17 All purchases over Five Thousand Dollars ($5,000) made during the life of this Agreement
18 that will outlive the life of this Agreement shall be identified as fixed assets with an assigned
19 Fresno County Department of Public Health (DPH) Accounting Inventory Number. These fixed
20 assets shall be retained by County, as County property, in the event this Agreement is
21 terminated or upon expiration of this Agreement. Contractor agrees to participate in an annual
22 inventory of all County fixed assets and shall be physically present when fixed assets are
23 returned to County possession at the termination or expiration of this Agreement. Contractor is
24 responsible for returning to County all County owned fixed assets upon the expiration or
25 termination of this Agreement.
26 7.3 Prohibition on Publicity. None of the funds, materials, property or services
27 provided directly or indirectly under this Agreement shall be used for Contractor's advertising,
28 fundraising, or publicity (i.e., purchasing of tickets/tables, silent auction donations, etc.) for the
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1 purpose of self-promotion. Notwithstanding the above, publicity of the services described in
2 Paragraph One (1) of this Agreement shall be allowed as necessary to raise public awareness
3 about the availability of such specific services when approved in advance by the County's DPH
4 Director or designee for such items as written/printed materials, the use of media (i.e., radio,
5 television, newspapers) and any other related expense(s).
6 7.4 Conflict of Interest. No officer, employee or agent of the County who exercises any
7 function or responsibility for planning and carrying out of the services provided under this
8 Agreement shall have any direct or indirect personal financial interest in this Agreement. In
9 addition, no employee of the County shall be employed by the Contractor under this Agreement
10 to fulfill any contractual obligations with the County. Contractor shall comply with all Federal,
11 State of California and local conflict of interest laws, statutes and regulations, which shall be
12 applicable to all parties and beneficiaries under this Agreement and any officer, employee or
13 agent of the County.
14 7.5 Change of Leadership/Management. In the event of any change in the status of
15 Contractor's leadership or management, Contractor shall provide written notice to County within
16 thirty (30) days from the date of change. Such notification shall include any new leader or
17 manager's name, address and qualifications. "Leadership or management" shall include any
18 employee, member, or owner of Contractor who either a) directs individuals providing services
19 pursuant to this Agreement, b) exercises control over the manner in which services are
20 provided, or c) has authority over Contractor's finances.
21 7.6 Lobbying Activity. None of the funds provided under this Agreement shall be used
22 for publicity, lobbying or propaganda purposes designed to support or defeat legislation pending
23 in the Congress of the United States of America or the Legislature of the State of California.
24 7.7 State Energy Conservation. Contractor must comply with the mandatory standards
25 and policies relating to energy efficiency, which are contained in the State Energy Conservation
26 Plan issued in compliance with 42 United States (US) Code sections 6321, et. seq.
27 7.8 Clean Air and Water. In the event the funding under this Agreement exceeds One
28 Hundred Fifty Thousand and No/100 Dollars ($150,000), Contractor shall comply with all
8
1 applicable standards, orders or requirements issued under the Clean Air Act contained in 42
2 U.S. Code 7601 et seq; the Clean Water Act contained in U.S. Code 1368 et seq.; and any
3 standards, laws and regulations, promulgated thereunder. Under these laws and regulations,
4 CONTRACTOR shall assure:
5 (A) No facility shall be utilized in the performance of the Agreement that has been
6 listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
7 (B) County shall be notified prior to execution of this Agreement of the receipt of any
8 communication from the Director, Office of Federal Activities, U.S. EPA indicating that a
9 facility to be utilized in the performance of this Agreement is under consideration to be
10 listed on the EPA list of Violating Facilities;
11 (C) County and U.S. EPA shall be notified about any known violation of the above
12 laws and regulations; and,
13 (D) This assurance shall be included in every nonexempt subgrant, contract, or
14 subcontract.
15 7.9 Audits and Inspections. The Contractor shall at any time during business hours,
16 and as often as the County may deem necessary, make available to the County for examination
17 all of its records and data with respect to the matters covered by this Agreement. The
18 Contractor shall, upon request by the County, permit the County to audit and inspect all of such
19 records and data necessary to ensure Contractor's compliance with the terms of this
20 Agreement.
21 If this Agreement exceeds ten thousand dollars ($10,000.00), Contractor shall be subject to
22 the examination and audit of the California State Auditor for a period of three (3) years after final
23 payment under contract (Government Code Section 8546.7).
24 In addition, Contractor shall cooperate and participate with County's fiscal review process
25 and comply with all final determinations rendered by the County's fiscal review process. If
26 County reaches an adverse decision regarding Contractor's services to consumers, it may result
27 in the disallowance of payment for services rendered; or in additional controls to the delivery of
28 services, or in the termination of this Agreement, at the discretion of County's DPH Director or
9
1 designee. If as a result of County's fiscal review process a disallowance is discovered due to
2 Contractor's deficiency, Contractor shall be financially liable for the amount previously paid by
3 County to Contractor and this disallowance will be adjusted from Contractor's future payments,
4 at the discretion of County's DPH Director or designee. In addition, County shall have the sole
5 discretion in the determination of fiscal review outcomes, decisions and actions.
6 7.10 Single Audit Clause.
7 (A) If Contractor expends Seven Hundred Fifty Thousand Dollars ($750,000) or more
8 Federal and Federal flow-through monies, Contractor agrees to conduct an annual audit
9 in accordance with the requirements of the Single Audit Standards as set forth in Office
10 of Management and Budget (OMB) Title 2 of the Code of Federal Regulations, Chapter
11 11, Part 200. Contractor shall submit said audit and management letter to County. The
12 audit must include a statement of findings or a statement that there were no findings. If
13 there were negative findings, Contractor must include a corrective action plan signed by
14 an authorized individual. Contractor agrees to take action to correct any material non-
15 compliance or weakness found as a result of such audit. Such audit shall be delivered
16 to County's DPH Administration for review within nine (9) months of the end of any fiscal
17 year in which funds were expended and/or received for the program. Failure to perform
18 the requisite audit functions as required by this Agreement may result in County
19 performing the necessary audit tasks, or at the County's option, contracting with a public
20 accountant to perform said audit, or, may result in the inability of County to enter into
21 future agreements with the Contractor.
22 (B) A single audit report is not applicable if all Contractor's Federal contracts do not
23 exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or
24 Contractor's federal funding is through Drug Medi-Cal.
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1 Article 8
2 Confidentiality
3 8.1 Confidentiality. All services performed by the Contractor under this Agreement
4 shall be in strict conformance with all applicable Federal, State of California and/or local laws
5 and regulations relating to confidentiality.
6 Article 9
7 Information Privacy and Security Requirements
8 9.1 The Contractor shall comply with all the Information Privacy and Security
9 Requirements in Exhibit E to this Agreement.
10 Article 10
11 Independent Contractor
12 10.1 Status. In performing under this Agreement, the Contractor, including its officers,
13 agents, employees, and volunteers, is at all times acting and performing as an independent
14 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
15 venturer, partner, or associate of the County.
16 10.2 Verifying Performance. The County has no right to control, supervise, or direct the
17 manner or method of the Contractor's performance under this Agreement, but the County may
18 verify that the Contractor is performing according to the terms of this Agreement.
19 10.3 Benefits. Because of its status as an independent contractor, the Contractor has no
20 right to employment rights or benefits available to County employees. The Contractor is solely
21 responsible for providing to its own employees all employee benefits required by law. The
22 Contractor shall save the County harmless from all matters relating to the payment of
23 Contractor's employees, including compliance with Social Security withholding and all related
24 regulations.
25 10.4 Services to Others. The parties acknowledge that, during the term of this
26 Agreement, the Contractor may provide services to others unrelated to the County.
27
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11
1 Article 11
2 Indemnity and Defense
3 11.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
4 County (including its officers, agents, employees, and volunteers) against all claims, demands,
5 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
6 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
7 the performance or failure to perform by the Contractor (or any of its officers, agents,
8 subcontractors, or employees) under this Agreement. The County may conduct or participate in
9 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
10 defend the County.
11 11.2 Survival. This Article 11 survives the termination of this Agreement.
12 Article 12
13 Insurance
14 12.1 The Contractor shall comply with all the insurance requirements in Exhibit D to this
15 Agreement.
16 Article 13
17 Inspections, Audits, and Public Records
18 13.1 Inspection of Documents. The Contractor shall make available to the County, and
19 the County may examine at any time during business hours and as often as the County deems
20 necessary, all of the Contractor's records and data with respect to the matters covered by this
21 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
22 request by the County, permit the County to audit and inspect all of such records and data to
23 ensure the Contractor's compliance with the terms of this Agreement.
24 13.2 State Audit Requirements. If the compensation to be paid by the County under this
25 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
26 California State Auditor, as provided in Government Code section 8546.7, for a period of three
27 years after final payment under this Agreement. This section survives the termination of this
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1 Agreement. Additional Federal audit requirements may apply if any portion of the compensation
2 to be paid by the County under this Agreement is also provided by Federal funding.
3 13.3 Public Records. The County is not limited in any manner with respect to its public
4 disclosure of this Agreement or any record or data that the Contractor may provide to the
5 County. The County's public disclosure of this Agreement or any record or data that the
6 Contractor may provide to the County may include but is not limited to the following:
7 (A) The County may voluntarily, or upon request by any member of the public or
8 governmental agency, disclose this Agreement to the public or such governmental
9 agency.
10 (B) The County may voluntarily, or upon request by any member of the public or
11 governmental agency, disclose to the public or such governmental agency any record or
12 data that the Contractor may provide to the County, unless such disclosure is prohibited
13 by court order.
14 (C)This Agreement, and any record or data that the Contractor may provide to the
15 County, is subject to public disclosure under the Ralph M. Brown Act (California
16 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
17 (D)This Agreement, and any record or data that the Contractor may provide to the
18 County, is subject to public disclosure as a public record under the California Public
19 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
20 with section 6250) ("CPRA").
21 (E) This Agreement, and any record or data that the Contractor may provide to the
22 County, is subject to public disclosure as information concerning the conduct of the
23 people's business of the State of California under California Constitution, Article 1,
24 section 3, subdivision (b).
25 (F) Any marking of confidentiality or restricted access upon or otherwise made with
26 respect to any record or data that the Contractor may provide to the County shall be
27 disregarded and have no effect on the County's right or duty to disclose to the public or
28 governmental agency any such record or data.
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1 13.4 Public Records Act Requests. If the County receives a written or oral request
2 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
3 and which the County has a right, under any provision of this Agreement or applicable law, to
4 possess or control, then the County may demand, in writing, that the Contractor deliver to the
5 County, for purposes of public disclosure, the requested records that may be in the possession
6 or control of the Contractor. Within five business days after the County's demand, the
7 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
8 possession or control, together with a written statement that the Contractor, after conducting a
9 diligent search, has produced all requested records that are in the Contractor's possession or
10 control, or (b) provide to the County a written statement that the Contractor, after conducting a
11 diligent search, does not possess or control any of the requested records. The Contractor shall
12 cooperate with the County with respect to any County demand for such records. If the
13 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
14 CPRA or other applicable law, it must deliver the record or data to the County and assert the
15 exemption by citation to specific legal authority within the written statement that it provides to
16 the County under this section. The Contractor's assertion of any exemption from disclosure is
17 not binding on the County, but the County will give at least 10 days' advance written notice to
18 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
19 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
20 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
21 failure to produce any such records, or failure to cooperate with the County with respect to any
22 County demand for any such records.
23 Article 14
24 Disclosure of Self-Dealing Transactions
25 14.1 Applicability. This Article 14 applies if the Contractor is operating as a corporation,
26 or changes its status to operate as a corporation.
27 14.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
28 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
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1 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to
2 the County before commencing the transaction or immediately after.
3 14.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
4 a party and in which one or more of its directors, as an individual, has a material financial
5 interest.
6 Article 15
7 General Terms
8 15.1 Modification. Except as provided in Article 5, "Termination and Suspension," this
9 Agreement may not be modified, and no waiver is effective, except by written agreement signed
10 by both parties.
11 Notwithstanding the above, changes to object levels in the budget, attached hereto
12 as Exhibit B, that do not exceed ten percent (10%) of the maximum compensation payable to
13 the Contractor, may be made with the written approval of the County's Department of Public
14 Health Director, or designee. The ten percent (10%) budget modification maximum applies to
15 the cumulative adjustments made through the life of the Agreement. Additionally, said budget
16 changes shall not result in any change to the maximum compensation amount payable to
17 Contractor, nor shall it reduce the delivery of services or significantly modify the scope of
18 services originally intended and approved under this Agreement, as stated herein. The
19 Contractor acknowledges that County employees have no authority to modify this Agreement
20 except as expressly provided in this Agreement.
21 15.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
22 under this Agreement without the prior written consent of the other party.
23 15.3 Governing Law. The laws of the State of California govern all matters arising from
24 or related to this Agreement.
25 15.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
26 County, California. Contractor consents to California jurisdiction for actions arising from or
27 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
28 brought and maintained in Fresno County.
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1 15.5 Construction. The final form of this Agreement is the result of the parties' combined
2 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
3 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
4 against either party.
5 15.6 Days. Unless otherwise specified, "days" means calendar days.
6 15.7 Headings. The headings and section titles in this Agreement are for convenience
7 only and are not part of this Agreement.
8 15.8 Severability. If anything in this Agreement is found by a court of competent
9 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
10 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
11 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
12 intent.
13 15.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
14 not unlawfully discriminate against any employee or applicant for employment, or recipient of
15 services, because of race, religious creed, color, national origin, ancestry, physical disability,
16 mental disability, medical condition, genetic information, marital status, sex, gender, gender
17 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
18 all applicable State of California and federal statutes and regulation.
19 15.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
20 of the Contractor under this Agreement on any one or more occasions is not a waiver of
21 performance of any continuing or other obligation of the Contractor and does not prohibit
22 enforcement by the County of any obligation on any other occasion.
23 15.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
24 between the Contractor and the County with respect to the subject matter of this Agreement,
25 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
26 publications, and understandings of any nature unless those things are expressly included in
27 this Agreement. If there is any inconsistency between the terms of this Agreement without its
28 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
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1 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
2 exhibits.
3 15.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
4 create any rights or obligations for any person or entity except for the parties.
5 15.13 Authorized Signature. The Contractor represents and warrants to the County that:
6 (A) The Contractor is duly authorized and empowered to sign and perform its
7 obligations under this Agreement.
8 (B) The individual signing this Agreement on behalf of the Contractor is duly
9 authorized to do so and his or her signature on this Agreement legally binds the
10 Contractor to the terms of this Agreement.
11 15.14 Electronic Signatures. The parties agree that this Agreement may be executed by
12 electronic signature as provided in this section.
13 (A) An "electronic signature" means any symbol or process intended by an individual
14 signing this Agreement to represent their signature, including but not limited to (1) a
15 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
16 electronically scanned and transmitted (for example by PDF document) version of an
17 original handwritten signature.
18 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
19 equivalent to a valid original handwritten signature of the person signing this Agreement
20 for all purposes, including but not limited to evidentiary proof in any administrative or
21 judicial proceeding, and (2) has the same force and effect as the valid original
22 handwritten signature of that person.
23 (C)The provisions of this section satisfy the requirements of Civil Code section
24 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
25 Part 2, Title 2.5, beginning with section 1633.1).
26 (D) Each party using a digital signature represents that it has undertaken and
27 satisfied the requirements of Government Code section 16.5, subdivision (a),
28
17
1 paragraphs (1) through (5), and agrees that each other party may rely upon that
2 representation.
3 (E) This Agreement is not conditioned upon the parties conducting the transactions
4 under it by electronic means and either party may sign this Agreement with an original
5 handwritten signature.
6 15.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
7 original, and all of which together constitute this Agreement.
8 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
BLACK Wellness & Prosperity Center COUNTY OF FRESNO
3
4 Ak ea e. k. ba vuA-6a[c�
5 Shantay R. Davies-Balch, President and CEO S Q ii ter Chairman of the Board of
6 1133 S Street S ikiWof the County of Fresno
Fresno, CA 93721 Attest:
7 Bernice Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
y: -
10 Deputy
11 For accounting use only:
12 Org No.: 56201700
Account No.: 7295
13 Fund No.: 0001
Subclass No.: 10000
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Exhibit A
1 Scope of Services
2 Black Infant Health Program
3 The BIH Program is a specialized CDPH MCAH program under the local MCAH system and helps to
4 address MCAH SOW-Women/Maternal Domain: Focus Areas 1-5: Ensure women in California are
5 healthy before, during and after pregnancy.Perinatal/Infant Domain: Ensure all infants are born healthy
6 and thrive in their first year of life. Focus Area 2: Reduce infant mortality with a focus on reducing
7 disparities. The goals in this SOW incorporate local problems identified by the Local Health
8 Jurisdiction's(LHJs') 5-Year Needs Assessments and reflect the Title V priorities of the MCAH
9 Division.
10 All BIH sites are required to comply with BIH Policy and Procedures (P&P)and the MCAH Fiscal Policy
11 and Procedures Manual https://www.cdph.ca. o�grams/CFH/DMCAH/Pa,izes/Fiscal-Documents.aspx
12 in their entirety.In addition, all BIH Sites shall work towards maintaining group model fidelity by
13 adhering to the policies and procedures, delivering services as intended,implementing strategies to
14 maximize participant retention, fulfilling all deliverables, attending required meetings and trainings, and
15 completing other MCAH-BIH reports as required.
16 The CDPH Maternal, Child and Adolescent Health(MCAH)Division places a high priority on outcomes
17 that disproportionately impact the Black Birthing community in California due to systemic racism. The
18 BIH site agrees to implement all activities in this Scope of Work(SOW). Central to the efforts in
19 reducing these disparities, listed below are the goals that are the hallmark of the program:
20 1. Improve infant and maternal health of Black Birthing People by promoting health knowledge and
healthy behaviors
21 2. Increase the ability of Black Birthing People to develop effective stress reduction strategies
22 3. Decrease Black-White health disparities and social inequities for Black Birthing People and
infants
23 4. Empower Black Birthing People and build resiliency
5. Promote social support and healthy relationships
24 6. Connect Black Birthing People with services
7. Engage the community to support Black Birthing families' health and well-being with education
25 and outreach efforts
26
A-1
27
28
Exhibit A
1 To achieve these goals,the BIH Program is a client-centered, strength-based group intervention with
2 complementary life planning and case management that embraces the life course perspective and
3 promotes social support, empowerment, skill building, stress reduction and goal setting. Each BIH Site
4 shall also make all efforts to implement the program with fidelity, collect, and enter participant and
5 program data into the electronic Efforts to Outcomes (ETO)data system and engage community partner
6 agencies. The number of participated contracted to serve will be 50.
7
8 Per the BIH P&P,the following criteria applies to participants enrolled in the Case Management-Only
9 intervention:
10 Eligibility:
11 . Black or Black Ancestry
• 16 years of age or older
12 . Pregnant through 6 months postpartum
13 Services:
14 . For those 18 years of age and older,they are offered BIH Group model services before
15 consenting to the BIH CM Only Intervention.
• Has been provided with her rights and responsibilities for program participation, completed
16 Assessment 1 or postpartum entry assessment, documentation of a case management interaction,
received 1 referral for services.
17 . May receive services until infant is 1 year of age.
18 Contained within the BIH SOW,under the Measures (Process and Outcome) cells,there are Source Keys
19 that are designed to provide a reference for reporting purposes. The"B" Source Key refers to information
20 that is based on participant-level program data included and maintained in ETO. The"N""Source Key
21 refers to narrative information provided in quarterly reports or site surveys.
22 It is the responsibility of the LHJ to meet the goals and objectives of this SOW.Agencies that enter into
23 agreement with the division to provide MCAH-related services, and accept the division funding, are
24 legally required to provide the full level of services, outlined in the program SOW,regardless of the
25 proportion of funding provided by the division. The LHJ shall strive to develop systems that protect and
26
A-2
27
28
Exhibit A
1 improve the health of California's women of reproductive age,infants, children,adolescents,and their
2 families. All sites should have policies that facilitate the promotion of health equity.
3
4 It is the responsibility of an LHJ to solicit technical assistance and guidance from MCAH if
5 performance issues arise.If a program does not meet the goals and objectives outlined in this SOW
6 and the implementation measures for accountability, and if the tier compliance standards are not
7 met in a timely manner,the LHJ may be placed on a Corrective Action Plan(CAP).After
8 implementation of the CAP,if the LHJ does not demonstrate substantial growth,or fails to
9 successfully meet the goals and objectives of this SOW,MCAH may temporarily withhold cash
10 payment pending correction of the deficiency; disallowing all or part of the cost of the activity or
11 action out of compliance; wholly or partly suspending or terminating the award; or withholding
12 further awards." Continued participation in the BIH program beyond the current fiscal year is also
13 subject to successful performance in meeting caseload requirements and implementing the agreed
14 upon activities.
15
16 The development of this SOW is a collaborative process with BIH Program Coordinators and was guided
17 by several public health frameworks including the Ten Essential Services of Public Health and the three
18 (3)core functions of assessment,policy development,and assurance;the Spectrum of Prevention; the Life
19 Course Perspective;the Social-Ecological Model, and the Social Determinants of Health. Please consider
20 integrating these approaches when conceptualizing and organizing local program,policy, and evaluation
21 efforts.
22 o The Ten Essential Services of Public Health and Toolkit
o The Spectrum of Prevention
23 o Life Course Perspective AMCHP
24 o Social Determinants of Health
o The Social-Ecological Model
25 o Strengthening Families
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A-3
27
28
Exhibit A
1 Part II: Black Infant Health(BIH)Program
2 Goal 1: BIH local staff will assure program implementation,staff competency,data management,
3 and maintain program fidelity and fiscal management to administer the program as required by
4 the Program's Policy and Procedures(P&P's) and Scope of Work(SOW)guidelines.Local staff
5 will also support, as their capacity allows,activities related to the revisions of the BIH model.
6 Evaluation/Performance Measures
7 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
8 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
9 Objective(s)
the intervention) Process Description and Intermediate
10 Measures Outcome
11 Measure(s)
12 IMPLEMENTATION
1.1 1.1 1.1 1.1
13 Recruit,hire and maintain staff Maintain culturally competent staff Describe process of Percent of key
14 that reflect the community being to perform program services that recruiting and hiring staff staffing roles at site
15 served to implement a BIH honors the unique at each site that are filled filled by personnel
16 Program that is relevant to the history/traditions of Black Birthing by personnel reflective of who meet
17 cultural heritage of Black People as outlined in the P&P. the community being qualifications in the
Birthing People,and the At a minimum,the following key served that meet P&P.(1)
18 community. staffing roles are required: qualifications in the P&P. Percent of direct
19 1.0 FTE BIH Coordinator Include duty statements of contact roles that
20 3.0 FTE Health Education all staff with submission reflect the population
21 Specialist(HES)/Family Health of AFA packet. being served.(N)
Advocates(FHA)/Group Submission of all staff
22 Facilitators(GF)based on MCAH- changes per guidelines
23 BIH designated tier level. outlined in BIH P&P.
24
25
26
A-4
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 1.0 FTE Health Education
Assistant(HEA)/Community
8 Outreach Liaison(COL)
9 1.0 FTE Data Entry
10 Utilization of a staff-hiring plan.
11 TRAINING
1.2 1.2 1.2 1.2
12
All BIH staff will maintain and Develop a plan to assess the ability List new staff training Maintain records of
13 increase staff competency. of staff to effectively perform their activities in quarterly staff attendance at
14 assigned tasks,including regular report.(N) trainings.(N)
15 observations of group facilitators. Describe improved staff Number of trainings
16 Identify staff training needs and performance and and conferences(both
ensure those needs are met, confidence in state and local)
17
notifying MCAH of any training implementing the program attended by staff
18 needs. model due to participating during FY 2022-23.
19 Ensure that all key BIH staff in staff development (N)
20 participates in on-going training or activities and/or trainings. Completion of at least
21 educational opportunities designed (N) two(2)group
to enhance cultural sensitivity and List gaps in staff observation feedback
22 responsiveness through webinars, development and training forms by the BIH
23 trainings and/or conferences. in quarterly report.(N) Coordinator for every
24 Ensure that all new and key BIH Describe plan to ensure pair of group
25 staff attend the Annual MCAH that staff development
26
A-5
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 Sudden Infant Death Syndrome needs are met in quarterly facilitators during FY
(SIDS)Conference to receive the report.(N) 2022-23.(E)
8 latest AAP guidelines on infant Describe how cultural
9 safe sleep practices and SIDS risk sensitivity training has
10 reduction strategies. enhanced LHJ staff
11 Establish local SIDS collaborative knowledge and how that
12 workgroups with community knowledge is applied.(N)
partners to enhance awareness of Describe how staff
13 Black SIDS rates and to develop utilized information from
14 SIDS risk reduction strategies. the MCAH SIDS
15 Require that all key BIH staff(i.e., conference with
16 BIH Coordinator,and ALL direct participants.
service staff)attend mandatory Document strategies and
17 MCAH Division-sponsored in- action plans related to
18 person or virtual trainings, SIDS risk reduction
19 conference calls,meetings and/or strategies developed from
20 conferences as scheduled by SIDS collaborative
21 MCAH Division. workgroup meetings.
Quarter 1: Recommend training topic
22 Annual 2-day Basic Training suggestions for statewide
23 Annual COL Meeting meetings.(N)
24 Quarter 2:
25
26
A-6
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 Annual Advanced FHA/GF
Meeting
8
Quarter 3:
9 Annual MHP/Public Health Nurse
10 (PHN)Meeting
11 Quarter 4:
12 Annual Coordinator Meeting
Annual 2-day Statewide Meeting
13 Ensure that the BIH Coordinator
14 and all direct service staff attend
15 mandatory MCAH Division-
16 sponsored training(s)prior to
implementing the BIH Program.
17
2-day Abbreviated Training—
18 scheduled by MCAH based on
19 LHJ needs.
20 2-day Basic Training Quarter 1
Ensure that the BIH Coordinator
21
and/or MCAH Director perform
22 regular observations of GFs and
23 assessments of FHAs,MHPs
24 and/or PHNs case management
25 activities.
26
A-7
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 DATA COLLECTION AND
ENTRY
8
1.3 1.3 1.3 1.3
9 All BIH participant program Ensure that all direct service staff Review ETO and other Number and percent
10 information and outcome data participate in data collection,data data reports,discuss of required forms that
11 will be collected and entered entry,data quality improvement, during calls with BIH were entered within
12 timely and accurately using BIH and use of data collection software State Team. ten(10)days of
required forms at required determined by MCAH. Enter all data into ETO collection.(E)BIH
13 intervals. Ensure that all subcontractor within ten(10)working PA: Timeliness of
14 agencies providing direct service days of collection. data entry report
15 enter data in the ETO as Review of the BIH Data Maintain records of
16 determined by MCAH. Collection Manual by all the four chart audits
Ensure accuracy and completeness staff. conducted in FY(N).
17 of data input into ETO system. Completion of ETO
18 Ensure that all staff receives training by all staff.
19 updates about changes in ETO and Participation in periodic
20 forms. MCAH-Data calls.
Ensure that a selected staff Read data alerts or other
21
member with advanced knowledge data guidance sent via
22 of the BIH Program,data email or posted on
23 collection,and ETO is selected as SharePoint.
24 the BIH Site's Data Entry lead and
25
26
A-8
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 participates in all data and Participation in role-
evaluation calls. specific trainings for the
8 Accurately and completely collect Data Entry Lead.
9 required participant information as Review of MCAH and
10 outlined in the data collection ETO data quality reports
11 manual,with timely data input into by the BIH Coordinator
12 the appropriate data system(s). and Data Entry staff on a
Work with MCAH to ensure regular basis.
13 proper and continuous operation of The Coordinator and Data
14 the MCAH-BIH-ETO. Entry lead conduct and
15 Store Participant level Data forms report on audits of
16 on paper or scanned copies per recruitment,enrollment,
security guidelines in P&P for a and service delivery paper
17 minimum of four years(prior three forms against ETO reports
18 years plus current FY). once every quarter.Audit
19 Define a data entry schedule for sample must include at
20 staff and monitor for adherence. least 10%of recruitment
Ensure that all staff that collect records and 10%of
21
data and enter data into the BIH enrollment records and
22 data system have completed the should include all staff
23 ETO training video series collecting data.The audits
24 available in the BIH SharePoint should verify that the data
25 site. in the paper forms
26
A-9
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 Ensure that all staff that have ETO matches the information
access are currently in the in ETO for that sample.
8 SharePoint roster by completing
9 the Quarterly Roster Assessment.
10 OUTREACH
11 1.4 1.4 1.4 1.4
12 All BIH LHJs will increase and All BIH LHJs will conduct Describe the types of Total number(overall
expand community awareness of outreach activities and build community partner and by type)of
13 BIH by collaborating with other collaborative relationships with agencies contacted by outreach activities
14 BIH counties and individually as local Women,Infants,and LHJ staff.(N) completed by all staff
15 a county on communication Children(WIC)providers, Describe outreach during FY 2022-23.
16 outreach activities,including the Comprehensive Perinatal Services activities performed to (N)
use of social media. Program(CPSP)Perinatal Service reach target population.
17
Coordinators,social service (N)
18 providers,health care providers, Describe deviations in
19 the Faith-based community,and outreach activities,noting
20 other community-based partners changes from local
21 and individuals to increase and recruitment plan.(N)
maximize awareness opportunities Document type,frequency
22 to ensure that eligible women are and number of social
23 referred to BIH. media activities conducted
24 All BIH LHJs will establish on the BIH Primary
25 referral mechanisms that will Contact Table and submit
26
A-10
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 facilitate reciprocity with partner with Quarterly and
agencies as appropriate. Annual Report.(N)
8 At a minimum,all BIH LHJs will
9 utilize social media campaigns
10 developed by MCAH to increase
11 community awareness while
12 conducting outreach activities.
13 Develop and implement a Track and document Number and percent
14 Participant Recruitment Plan progress in meeting goals of recruited and
15 (standardized intake process) of the Participant referred women that
16 according to the target population Recruitment Plan,review were eligible for Case
and eligibility guidelines in annually and update as Management(based
17
MCAH-BIH P&P and submit upon needed. on age and pregnancy
18 request. status)based on their
19 Site uses social media strategies recruitment date,in
20 (Facebook,Twitter,Instagram)for FY 2022-23.(E)BIH
21 distribution of BIH materials, PA:Recruitment
community events,engagement of during a specified
22 former and current participants. time period report.
23 Staff will complete a recruitment
24 for all people recruited and
25 referred to the Program.
26
A-11
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 PARTICIPANT REFERRAL
1.5 1.5 1.5 1.5
8 All BIH LHJs will establish a Develop collaborative Describe process for Total number of
9 network of referral partners. relationships with local Medi-Cal ensuring that referral service providers that
10 Managed Care,Commercial partner agencies are made referrals to the
11 Health Plans,WIC,and local referring eligible women BIH Program in FY
12 agencies in the community that to BIH in quarterly reports 2022-23.(E)BIH PA:
provide services to Black Birthing and during technical Recruitment during a
13 People and children,to establish assistance calls.(N) specified time period
14 strong resource linkages for report.
15 recruitment of potential
16 participants and for referrals of
active participants.
17 Provide referrals to other County
18 of Fresno MCAH programs for
19 women who cannot participate in
20 group intervention sessions.
21 PARTICIPANT
ENROLLMENT 1.6 4.6 1.6
22 1.6 Enroll women that are Black or Visual inspection of all Number and percent
23 All participants enrolled in the Black Ancestry. recruitment eligibility of participants that
24 BIH group model will be Black Enroll women that will participate fields on incoming referral agree to enroll among
25 or Black Ancestry in the group intervention. forms for completeness. those recruited and
26
A-12
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 All participants will be enrolled Inclusion of eligibility eligible in FY 2022-
during pregnancy or postpartum. criteria with materials 23.BIH PP:
8 All participants will receive a used for referral and Recruitment and
9 rights and responsibilities recruitment. enrollment report
10 (Consent)form and provide Number and percent
11 signed or verbal that has a recruitment
12 acknowledgement. and a rights and
All women will participate in responsibilities
13 virtual or in-person prenatal (consent)touchpoint
14 and/or postpartum group in ETO in FY 2022-
15 intervention. 23.(E)BIH PP:
16 Participants may receive services Recruitment and
until infant is 1 year of age. enrollment report
17
PROGRAM
18 PARTICIPATION 1.7.1 1.7.1 1.7.1
19 1.7.1 Assign participants to a prenatal or Describe barriers, Number and percent
20 All women will participate in a postpartum group as part of challenges,and successes of enrolled women
21 prenatal or postpartum group. enrollment process. of enrolling women in a who attended a
All women will participate in a Schedule groups to allow group within 30-45 days prenatal group
22 group within 30-45 days of participants to attend within 30-45 of first successful contact session within 30-45
23 enrollment. days of enrollment. during technical assistance days of enrollment.
24 All groups will be implemented Enroll participants in a group calls. (N) (E)—BIH PP:Group
25 according to the 10-group within 45 days of enrollment Dose Report
26
A-13
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 intervention model as specified Begin groups with the minimum Describe barriers, Percent of prenatal
in the P&P.(see 1.9.3) required number of participants challenges,and successes group sessions in a
8 per the BIH P&P. of beginning groups with series that were
9 the minimum required attended by at least 5
10 number of participants participants.(E)-
11 during technical assistance BIH PP:Group
12 calls. (N) Attendance by
Session
13 1.7.2a 1.7.2a 1.7.2a 1.7.2a
14 All BIH participants(enrolled in Assign participants to an FHA as Collect and record service Number and percent
15 BIH Group)will receive an part of enrollment process. delivery activities for of active participants
16 assessment#1 or postpartum Conduct services that align with enrolled women into ETO. that are served during
entry assessment and will attend Life Plan activities(goal setting). Describe successes and/or the FY 22-23(E).BIH
17
at least one group to be Collect completed self-assessment challenges in assisting PP:Served during a
18 considered active and will administered scaled questions as participants with setting specified timeframe—
19 receive other services to be described in P&P. short and long-term goals Group NEW Note:If
20 considered served:subsequent Collect the required number of during Life Planning not all active appear
21 group sessions,life planning, assessments per timeframe meetings.(N) as served provide a
referrals,birth plan,EPDS,or outlined in P&P. Describe program narrative of why this
22 safety checklist during the FY. Develop and implement a Life improvements resulting is the case is needed.
23 All BIH participants(enrolled in Plan based on goal setting during from participant Number and percent
24 BIH Group)will receive at least Life Planning meetings for each satisfaction survey of enrolled women
25 one case conference. BIH participant;complete all who received at least
26
A-14
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 All BIH participants(enrolled in prenatal and postpartum findings at least quarterly. one case conference
BIH Group)will receive door-to- assessments;provide ongoing (N) at any point in their
8 door transportation assistance as identification of her specific participation-(E)BIH
9 needed to attend group sessions concerns/needs and referral to PA Case Conferences
10 and Life Planning meetings. services outside of BIH as needed Number and percent
11 All BIH locations will include a based on Life Planning meetings. of enrolled women
12 space dedicated for Child Watch Ensure participant referrals are who have a known
during group sessions. generated and completed for all referral status for
13 All group sessions will include services identified. every documented
14 full meals for participants. Ensure participants have access to referral at time of exit
15 All BIH active participants will transportation assistance via from the program
16 be provided with necessary tools Uber/Lyft or other door-to-door (among women
for participation in virtual services to attend group sessions dismissed from BIH).
17 services as necessary. and Life Planning meetings. (E)BIH PA:Referral
18 Ensure location of group services Status Report NEW
19 have dedicated child watch staff Number and percent
20 and space when group sessions are of enrolled women
conducted. who have been
21
Ensure participants have access to dismissed from BIH
22 necessary tools to participate in with a completed
23 virtual services. participant
24 Conduct participant dismissal satisfaction survey
25 activities. during the FY.(E)
26
A-15
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 Conduct participant satisfaction BIH PP:Participant
surveys. Satisfaction Report
8 Submit complete and accurate
9 reports in the timeframe specified
10 by MCAH.
11 1.7.2b 1.7.2b 1.7.2b 1.7.2b
12 Case Management participants Assign participants to an FHA, Collect and record service Number and percent
will receive BIH Case MHP and/or PHN as part of delivery activities for of active participants
13 Management support as defined enrollment process. enrolled women into ETO. that are served during
14 in the P&P. Conduct case management Describe program the FY(E).BIH PP:
15 All BIH participants(enrolled in services that align with identified improvements resulting Served during a
16 BIH Case Management)will needs of each participant. from participant specified timeframe—
receive an assessment#1 or Collect required assessments per satisfaction survey CM Note:If not all
17
postpartum entry assessment to timeframe outlined in P&P. findings at least quarterly. active appear as
18 be considered active and will Develop and implement a Care (N) served provide a
19 receive at least one other service Plan based on participant needs narrative of why this
20 to be considered served:case during case management meetings is the case is needed.
21 management meetings,referrals, for each BIH participant;complete Number and percent
birth plan,EPDS,or safety all prenatal and postpartum of enrolled women
22 checklist during the FY. assessments;provide ongoing who received at least
23 identification of her specific one case conference-
24 concerns/needs and referral to (E)BIH PA Case
25 services outside of BIH as needed Conferences
26
A-16
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 based on case management
meetings.
8 Ensure participant referrals are
9 generated and completed for all
10 services identified.
11 Conduct participant dismissal
activities.
12
Conduct participant satisfaction
13 surveys.
14 Submit complete and accurate
15 reports in the timeframe specified
16 by MCAH.
BIH Case Management support
17 will be provided until the child
18 turns one year of age.
19
20 1.7.3 1.7.3 1.7.3 1.7.3
21 BIH Participants enrolled in Schedule case management Describe participant Number and percent
the Case Management only meetings per guidance in the BIH successes or challenges of enrolled women
22 intervention are not required P&P. with completing case who complete case
23 to attend BIH group sessions. Participants enrolled in the BIH management services. management
24 Case Management only meetings at the P&P-
25 intervention may switch to the BIH
26
A-17
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 Group model on a case-by-case designated time
basis. intervals.(E)
8
9 PARTICIPANT RETENTION
10 1.7.4 1.7.4 1.7.4 1.7.4
11 BIH Subcontractor,under the Discuss and develop participant Discuss participant Submit Participant
12 guidance and leadership of the retention strategies during team retention strategies during Retention Strategies
Fresno County BIH Coordinator meetings. technical assistance calls. with Quarterly and
13 will ensure that participant Plan participant retention strategies (N) Annual Report.(N)
14 retention strategies are in place. as they relate to program Review participant
15 implementation components retention strategies
16 (outreach/recruitment,enrollment, quarterly and update as
Life Planning,group sessions, needed.(N)
17
program completion). Document participant
18 Ensure participants have access to retention strategies in
19 transportation assistance via ETO and in Quarterly
20 Uber/Lyft or other door-to-door Reports.(E/N)
21 services to attend group sessions Submit participant
and Life Planning meetings. retention strategy
22 Ensure location of group services successes and challenges
23 is accessible,culturally affirming, with Annual Report.(N)
24 and have dedicated child watch
25
26
A-18
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to Meet (Report on these measures in the Annual Report)
3 Short and/or Intermediate
Objectives(Describe the steps of Short and/or
4 Objective(s)
the intervention) Process Description and Intermediate
5 Measures Outcome
6 Measure(s)
7 staff and space when group
sessions are conducted.
8 Ensure participants have access to
9 necessary tools to participate in
10 virtual services.
11 Designated staff will conduct
12 participant satisfaction surveys
after group sessions and at
13 program completion to obtain
14 feedback related to improvement
15 of retention strategies.
16 Ensure group motivators including
but not limited to gift cards,pack
17 and plays,items to support fitness,
18 infant feeding supplies,
19 breastfeeding supplies,diapers,
20 etc.are provided to program
21 participants.
Ensure full meals are provided at
22 each in-person group session.
23
24 Goal 2: Engage the Black or Black Ancestry community to support Black Birthing families' health
25 and well-being with education and outreach efforts.
26
A-19
27
28
Exhibit A
1 Evaluation/Performance Measures
2 Process,Short and/or Intermediate Measures
Intervention Activities to
Short and/or Intermediate (Report on these measures in the Annual Report)
3 Meet Objectives(Describe the
Objective(s) Short and/or Intermediate
4 steps of the intervention) Process Description and
Outcome
Measures
5 Measure(s)
6 2.1 2.1 2.1 2.1
7 BIH COL will increase Develop a clear point(s)of Enter all outreach activities Number of agencies
information sharing with other contact with collaborating in the Community Contacts where the COL has a
8 local agencies providing community agencies on a Log in ETO. documented point(s)of
9 services to Black Birthing regular basis as it relates to Maintain current lists of contact and with whom
10 People and children in the outreach,enrollment, community providers and information is regularly
11 community and establish a clear referrals,care coordination, Service Provider details in exchanged.(N)
12 point of contact. etc. ETO. Total number of agencies
Assess referrals from partner Describe materials used to with outreach records
13 agencies to determine inform community partners during FY 2022-23.(N)
14 enrollment points of entry about BIH.(N)
15 quarterly. List and describe barriers,
16 challenges and/or successes
related to establishing
17 community partnerships
18 and point(s)of contact at
19 least quarterly.(N)
20
21 Goal 3: To educate the public about the factors leading to the disparities in Black maternal and
infant birth outcomes by providing consistent and culturally responsive information.and
22 promoting enrollment in the California Department of Public Health-Black Infant Health
23 Program (CDPH-BIH).
Objectives Activity Evaluation/Deliverables
24 3.1 3.1 3.1
25
26
A-20
27
28
Exhibit A
1 Objectives Activity Evaluation/Deliverables
2 Create and/or maintain a statewide public Develop public awareness materials that Provide a report that describes
3 awareness campaign to inform the State are focus tested with targeted outreach engagement plan in the
about Black or Black Ancestry birth community. community.
4 outcome inequities and/or the root causes Share ongoing progress in
5 of these inequities. developing/maintaining the campaign
6 during quarterly BIH Statewide
7 Media Campaign meetings/reports.
8 LHJ Program Coordinator to review
all staff/contractor/subcontractor
9 deliverables and methodologies to
10 ensure materials:
11 honor the unique history/traditions of
12 people of Black or Black Ancestry
descent
13 reflect/include the targeted
14 community
15 are culturally responsive and
16 engaging
17 applicable to all Black birthing
people,regardless of enrollment
18 status in the CDPH-BIH program
19 LHJ to share final campaign
20 deliverables and methodologies with
21 the State for final review and
approval.
22
3.2 3.2 3.2
23 Hire and maintain culturally competent Maintain culturally competent Describe process of recruiting and
24 staff/contractors/subcontractors to staff/contractors/subcontractors to hiring
25 develop campaign materials that are perform media campaign services that staff/contractors/subcontractors.
26
A-21
27
28
Exhibit A
1 Objectives Activity Evaluation/Deliverables
2 relevant and respectful to the cultural honors the unique history/traditions of Include resumes of
3 heritage of Black or Black Ancestry people of Black or Black Ancestry staff/contractors/subcontractors with
women and the community. descent submission of AFA packet.
4 Submit all
5 staff/contractor/subcontractor
6 changes to the State for review
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A-22
27
28
Exhibit B
BLI CK
BELONGING.LOVE,AFFINIIV COMMUNITY.KINSHIP
WELLNESS&PROSPERITY CENTER
BWPC Remitto: BLACK Wellness&Prosperit
BIH Budget/Invoice Template ATTN:Shantay R.Davies-Ba
Submit to FCDPH BIH Program at: 1133 S Street
Fresno,CA 93721
INVOICE TOTAL
PERSONNEL NO.OF ADMINISTRATION IMPLEMENTATION EDUCATION/OUTREACH TOTAL TOTAL Combined
STAFF FTE Amt Budget Balance Subtotal j Subtotal Subtotal Total
President&CEO 1 0.10 779.20 $ 5,208 $ 5,208 $ - $ - $ -
Executive Project Manager 1 0.10 75,000.00 $ 3,125 $ 3,125 $ $ $
Admin Assistant 1 0.05 41,600.00 $ 867 $ _867 $ $ $
Marketing Coordinator 1 0.25 65,000.00 $ 6,771 $ 6,771 $ $ $
Program Coordinator 1 1.00 65,000.00 $ 27,083 $ 27,083 $ $ $
Data Analyst 1 0.38 58,240.00 $ 9,221 $ 9,221 $ $ $ _
FHA(to be filled) 3 3.00 58,240.00 $ 72,800 $ 72,800 _
HEA(to be filled) 1 1.00 52,000.00 $ 21,667 $ 21,667
Nurse(to be filled) 1 0.25 3,380.00 $ 7,813 $ 7,813
Total FTEs 6.13
Personnel Sub-Total $ 154,555 $ 154,555 $ - $ - $ - $ - $ - $ - $ - $ $ - $ - $ - $ -
Fringe @ 25% $ 38,639 $ 38,639 $ $ $ $ $ $ - $ - $ $ $ - $ - $ -
TOTAL PERSONNEL $ 193,193 $ 193,193 $ $ $ $ $ $ $ $ $ S $
OPERATING COSTS
Budget Balance
TRAVEL
Mileage $ 1,000 $ 1,000
Transportation $ 1,000 $ 1,000
Gas 230 5 $ 1,150 $ 1,150
Lodging $ 1,200 $ 1,200
Meals $ 780 $ 780
Travel o a $ 5,130 $ 5,130
TRAINING
Conferences,webinars,
staff development,
certifications $ 4,000 $ 4,000
Training Total $ 4,000 $ 4,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $
OPERATING EXPENSES Amt Units
Rents 2534.2 5 $ 12,671 $ 12,671
Utilities 250 5 $ 1,250 $ 1,250
Communications 1000 5 $ 5,000 $ 5,000
Office Supplies 125 5 $ 625 $ 625
Printing/copying and ancillaries 500 5 $ 2,500 $ 2,500
Postage $ 50 $ _50
Minor equipment $ 4,950 $ 4,950
Insurance 100 5 $ 500 $ 500
Meals/Snacks-Staff Meetings 250 5 $ 1,250 $ 1,250
Legal/Professional Services 1000 5 $ 5,000 $ 5,000
B-1
I '
Software/data(enhanced program
fidelity and data and fiscal
management) 1000 5 $ 5,000 $ 5,000
Security-in person group sessions 200 20 $ 4,000 $ 4,000
Outreach/Education/Community
Engagement and materials 20000 5 $ 75,000 $ 75,000
Other equipment $ 15,000 $ 15,000
IT equipment&ancillaries $ 7,500 $ 7,500
Operating Total $ 140,296 $ 140,296 $ $ $ $ $ $ $ $ $ $ $ $
OTHER EXPENSES
SIDS Collaborative 250 5 $ 1,250 $ 1,250
Group motivators&stipends $ 30,000 $ 30,000
Transportation $ 2,500 $ 2,500
Child watch staff 225 20 $ 4,500 $ 4,500
Participant/Family Meals $ 10,000 $ 10,000
Other Operating Total $ 48,250 $ 48,250
Direct Costs $ 390,869 $ 390,869 $ $ $ - $ $ $ - $ - $ $ $ - $ - $ -
Indirect Costs @ 15% $ 58,630 $ 58,630 $ - $ - $ - $ - $ - $ - $ - $ -
Total Direct and Indirect $ 449,500 $ 449,500 $ - $ $ - $ $ $ - $ $ - $ $ - $ -
OTHER COSTS
not included in indirect Budget Balance
Subcontractors
Cultural Brokers,Inc. $ 4,500 $ 4,500 $ - $ $ $ $ $ $ - $ - $ $ $ - $ -
CVBNA $ 4,500 $ 4,500 $ $ $ $ $ $ $ $ S $ $ $
Venise Curry,M.D.Psyc $ 1,500 $ 1,500 $ $ $ $ $ $ $ $ S $ $ $
CRMC $ 40,000 $ 40,000 $ $ $ $ $ $ $ $ S $ $ $
Other Costs Total $ 50,500 $ 50,500
GRAND TOTAL $ 500,000 County of Fresno,please pay this amount
B-2
Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions
that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest."
The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
C-1
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date:
C-2
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, Contractor, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Contractor shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Contractor's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million
Dollars ($3,000,000). If this is a claims-made policy, then (1)the retroactive date must
be prior to the date on which services began under this Agreement; (2)the Contractor
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
with a retroactive date prior to the date on which services begin under this Agreement,
then the Contractor shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement.
(F) Molestation Liability. Sexual abuse / molestation liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
(G)Technology Professional Liability (Errors and Omissions). Technology professional
liability (errors and omissions) insurance with limits of not less than Two Million Dollars
($2,000,000) per occurrence and in the aggregate. Coverage must encompass all of the
Contractor's obligations under this Agreement, including but not limited to claims
involving Cyber Risks.
D-1
Exhibit D
(H) Cyber Liability. Cyber liability insurance with limits of not less than Two Million Dollars
($2,000,000) per occurrence. Coverage must include claims involving Cyber Risks. The
cyber liability policy must be endorsed to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited to
information or data) that is in the care, custody, or control of the Contractor.
Definition of Cyber Risks. "Cyber Risks" include but are not limited to (i) Security
Breach, which may include Disclosure of Personal Information to an Unauthorized Third
Party; (ii) data breach; (iii) breach of any of the Contractor's obligations under [identify
the Article, section, or exhibit containing data security obligations] of this Agreement; (iv)
system failure; (v) data recovery; (vi) failure to timely disclose data breach or Security
Breach; (vii)failure to comply with privacy policy; (viii) payment card liabilities and costs;
(ix) infringement of intellectual property, including but not limited to infringement of
copyright, trademark, and trade dress; (x) invasion of privacy, including release of
private information; (xi) information theft; (xii) damage to or destruction or alteration of
electronic information; (xiii) cyber extortion; (xiv) extortion related to the Contractor's
obligations under this Agreement regarding electronic information, including Personal
Information; (xv) fraudulent instruction; (xvi)funds transfer fraud; (xvii) telephone fraud;
(xviii) network security; (xix) data breach response costs, including Security Breach
response costs; (xx) regulatory fines and penalties related to the Contractor's obligations
under this Agreement regarding electronic information, including Personal Information;
and (xxi) credit monitoring expenses.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Contractor shall deliver, or cause its
broker or producer to deliver, to the County of Fresno, Department of Public Health, P.O.
Box 11867, Fresno, CA 93775, Attention: Contracts Section —6` Floor, or email,
DPHContracts@fresnocountyca.gov, certificates of insurance and endorsements for all
of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
D-2
Exhibit D
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
(v) The technology professional liability insurance certificate must also state that
coverage encompasses all of the Contractor's obligations under this Agreement,
including but not limited to claims involving Cyber Risks, as that term is defined in
this Agreement.
(vi) The cyber liability insurance certificate must also state that it is endorsed, and
include an endorsement, to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited
to information or data) that is in the care, custody, or control of the Contractor.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Contractor shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Contractor shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Contractor shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Contractor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Contractor waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Contractor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
D-3
Exhibit D
waiver, but the Contractor's waiver of subrogation under this paragraph is effective
whether or not the Contractor obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
D-4
County of Fresno
Contract Number 202210 Fresno
Page 1 of 10
Exhibit E
Information Privacy and Security Requirements
This Information Privacy and Security Requirements Exhibit (Exhibit) sets forth the information privacy and
security requirements Contractor is obligated to follow with respect to all personal and confidential
information (as defined herein) disclosed to Contractor, or collected, created, maintained, stored,
transmitted or used by Contractor for or on behalf of the California Department of Public Health ( CDPH),
pursuant to Contractor's agreement with CDPH. (Such personal and confidential information is referred to
herein collectively as CDPH PCI.) CDPH and Contractor desire to protect the privacy and provide for the
security of CDPH PCI pursuant to this Exhibit and in compliance with state and federal laws applicable to
the CDPH PCI.
I. Order of Precedence: With respect to information privacy and security requirements for all CDPH PCI,
the terms and conditions of this Exhibit shall take precedence over any conflicting terms or conditions
set forth in any other part of the agreement between Contractor and CDPH, including Exhibit A (Scope
of Work), all other exhibits and any other attachments, and shall prevail over any such conflicting terms
or conditions.
II. Effect on lower tier transactions: The terms of this Exhibit shall apply to all contracts, subcontracts, and
subawards, and the information privacy and security requirements Contractor is obligated to follow with
respect to CDPH PCI disclosed to Contractor, or collected, created, maintained, stored, transmitted or
used by Contractor for or on behalf of CDPH, pursuant to Contractor's agreement with CDPH. When
applicable the Contractor shall incorporate the relevant provisions of this Exhibit into each subcontract
or subaward to its agents, subcontractors, or independent consultants.
III. Definitions: For purposes of the agreement between Contractor and CDPH, including this Exhibit, the
following definitions shall apply:
A. Breach:
"Breach" means:
1. the unauthorized acquisition, access, use, or disclosure of CDPH PCI in a manner which
compromises the security, confidentiality, or integrity of the information; or
2. the same as the definition of"breach of the security of the system" set forth in California Civil
Code section 1798.29(f).
B. Confidential Information: "Confidential information" means information that:
1. does not meet the definition of"public records" set forth in California Government Code
section 6252(e), or is exempt from disclosure under any of the provisions of Section 6250,
et seq. of the California Government Code or any other applicable state or federal laws; or
2. is contained in documents, files, folders, books, or records that are clearly labeled, marked
or designated with the word "confidential" by CDPH.
C. Disclosure: "Disclosure" means the release, transfer, provision of, access to, or divulging in any
manner of information outside the entity holding the information.
D. PCI: "PCI" means "personal information" and "confidential information" (as these terms are
defined herein:
CDPH IPSR 9-22
County of Fresno
Contract Number 202210 Fresno
Page 2 of 10
Exhibit E
Information Privacy and Security Requirements
E. Personal Information: "Personal information" means information, in any medium (paper,
electronic, oral) that:
1. directly or indirectly collectively identifies or uniquely describes an individual; or
2. could be used in combination with other information to indirectly identify or uniquely
describe an individual, or link an individual to the other information; or
3. meets the definition of"personal information" set forth in California Civil Code section
1798.3, subdivision (a) or
4. is one of the data elements set forth in California Civil Code section 1798.29, subdivision
(g)(1) or (g)(2); or
5. meets the definition of"medical information" set forth in either California Civil Code section
1798.29, subdivision (h)(2) or California Civil Code section 56.05, subdivision (j); or
6. meets the definition of"health insurance information" set forth in California Civil Code
section 1798.29, subdivision (h)(3); or
7. is protected from disclosure under applicable state or federal law.
F. Security Incident: "Security Incident" means:
1. an attempted breach; or
2. the attempted or successful unauthorized access or disclosure, modification, or destruction
of CDPH PCI, in violation of any state or federal law or in a manner not permitted under the
agreement between Contractor and CDPH, including this Exhibit; or
3. the attempted or successful modification or destruction of, or interference with,
Contractor's system operations in an information technology system, that negatively
impacts the confidentiality, availability, or integrity of CDPH PCI; or
4. any event that is reasonably believed to have compromised the confidentiality, integrity, or
availability of an information asset, system, process, data storage, or transmission.
Furthermore, an information security incident may also include an event that constitutes a
violation or imminent threat of violation of information security policies or procedures,
including acceptable use policies.
G. Use: "Use" means the sharing, employment, application, utilization, examination, or analysis of
information.
IV. Disclosure Restrictions: The Contractor and its employees, agents, and subcontractors shall protect
from unauthorized disclosure any CDPH PCI. The Contractor shall not disclose, except as otherwise
specifically permitted by the agreement between Contractor and CDPH (including this Exhibit), any
CDPH PCI to anyone other than CDPH personnel or programs without prior written authorization from
the CDPH Program Contract Manager, except if disclosure is required by State or Federal law.
CDPH IPSR 9-22
County of Fresno
Contract Number 202210 Fresno
Page 3 of 10
Exhibit E
Information Privacy and Security Requirements
V. Use Restrictions: The Contractor and its employees, agents, and subcontractors shall not use any
CDPH PCI for any purpose other than performing the Contractor's obligations under its agreement with
CDPH.
VI. Safeguards: The Contractor shall implement administrative, physical, and technical safeguards that
reasonably and appropriately protect the privacy, confidentiality, security, integrity, and availability of
CDPH PCI, including electronic or computerized CDPH PCI. At each location where CDPH PCI exists
under Contractor's control, the Contractor shall develop and maintain a written information privacy
and security program that includes administrative, technical and physical safeguards appropriate to
the size and complexity of the Contractor's operations and the nature and scope of its activities in
performing its agreement with CDPH, including this Exhibit, and which incorporates the requirements
of Section VII, Security, below. Contractor shall provide CDPH with Contractor's current and updated
policies within five (5) business days of a request by CDPH for the policies.
VI I. Security: The Contractor shall take any and all steps reasonably necessary to ensure the continuous
security of all computerized data systems containing CDPH PCI. These steps shall include, at a
minimum, complying with all of the data system security precautions listed in the Contractor Data
Security Standards set forth in Attachment 1 to this Exhibit.
VIII. Security Officer: At each place where CDPH PCI is located, the Contractor shall designate a Security
Officer to oversee its compliance with this Exhibit and to communicate with CDPH on matters
concerning this Exhibit.
IX. Training: The Contractor shall provide training on its obligations under this Exhibit, at its own expense,
to all of its employees who assist in the performance of Contractor's obligations under Contractor's
agreement with CDPH, including this Exhibit, or otherwise use or disclose CDPH PCI.
A. The Contractor shall require each employee who receives training to certify, either in hard copy
or electronic form, the date on which the training was completed.
B. The Contractor shall retain each employee's certifications for CDPH inspection for a period of
three years following contract termination or completion.
C. Contractor shall provide CDPH with its employee's certifications within five (5) business days of
a request by CDPH for the employee's certifications.
X. Employee Discipline: Contractor shall impose discipline that it deems appropriate (in its sole
discretion) on such employees and other Contractor workforce members under Contractor's direct
control who intentionally or negligently violate any provisions of this Exhibit.
CDPH IPSR 9-22
County of Fresno
Contract Number 202210 Fresno
Page 4 of 10
Exhibit E
Information Privacy and Security Requirements
XI. Breach and Security Incident Responsibilities:
A. Notification to CDPH of Breach or Security Incident: The Contractor shall notify CDPH
immediately by telephone and email upon the discovery of a breach (as defined in this
Exhibit), and within twenty-four (24) hours by email of the discovery of any security incident
(as defined in this Exhibit), unless a law enforcement agency determines that the notification will
impede a criminal investigation, in which case the notification required by this section shall be
made to CDPH immediately after the law enforcement agency determines that such notification
will not compromise the investigation. Notification shall be provided to the CDPH Program
Contract Manager, the CDPH Privacy Officer and the CDPH Chief Information Security Officer,
using the contact information listed in Section XI (F), below. If the breach or security incident is
discovered after business hours or on a weekend or holiday and involves CDPH PCI in
electronic or computerized form, notification to CDPH shall be provided by calling the CDPH
Information Security Office at the telephone numbers listed in Section XI(F), below. For
purposes of this Section, breaches and security incidents shall be treated as discovered by
Contractor as of the first day on which such breach or security incident is known to the
Contractor, or, by exercising reasonable diligence would have been known to the Contractor.
Contractor shall be deemed to have knowledge of a breach if such breach is known, or by
exercising reasonable diligence would have been known, to any person, other than the person
committing the breach, who is an employee or agent of the Contractor.
Contractor shall take:
1. prompt corrective action to mitigate any risks or damages involved with the breach or
security incident and to protect the operating environment; and
2. any action pertaining to a breach required by applicable federal and state laws, including,
specifically, California Civil Code section 1798.29.
B. Investigation of Breach and Security Incidents: The Contractor shall immediately investigate such
breach or security incident. As soon as the information is known and subject to the legitimate
needs of law enforcement, Contractor shall inform the CDPH Program Contract Manager, the
CDPH Privacy Officer, and the CDPH Chief Information Security Officer of:
1. what data elements were involved and the extent of the data disclosure or access involved in
the breach, including, specifically, the number of individuals whose personal information was
breached;
2. a description of the unauthorized persons known or reasonably believed to have improperly
used the CDPH PCI and/or a description of the unauthorized persons known or reasonably
believed to have improperly accessed or acquired the CDPH PCI, or to whom it is known or
reasonably believed to have had the CDPH PCI improperly disclosed to them;
3. a description of where the CDPH PCI is believed to have been improperly used or disclosed;
4. a description of the probable and proximate causes of the breach or security incident; and
5. whether Civil Code section 1798.29 or any other federal or state laws requiring individual
notifications of breaches have been triggered.
CDPH IPSR 9-22
County of Fresno
Contract Number 202210 Fresno
Page 5 of 10
Exhibit E
Information Privacy and Security Requirements
C. Written Report: The Contractor shall provide a written report of the investigation to the CDPH
Program Contract Manager, the CDPH Privacy Officer, and the CDPH Chief Information Security
Officer as soon as practicable after the discovery of the breach or security incident. The report
shall include, but not be limited to, the information specified above, as well as a complete, detailed
corrective action plan, including information on measures that were taken to halt and/or contain
the breach or security incident, and measures to be taken to prevent the recurrence or further
disclosure of data regarding such breach or security incident.
D. Notification to Individuals: If notification to individuals whose information was breached is required
under state or federal law, and regardless of whether Contractor is considered only a custodian
and/or non-owner of the CDPH PCI, Contractor shall, at its sole expense, and at the sole election
of CDPH, either:
1. make notification to the individuals affected by the breach (including substitute notification),
pursuant to the content and timeliness provisions of such applicable state or federal breach
notice laws. Contractor shall inform the CDPH Privacy Officer of the time, manner and
content of any such notifications, prior to the transmission of such notifications to the
individuals; or
2. cooperate with and assist CDPH in its notification (including substitute notification) to the
individuals affected by the breach.
E. Submission of Sample Notification to Attorney General: If notification to more than 500
individuals is required pursuant to California Civil Code section 1798.29, and regardless of
whether Contractor is considered only a custodian and/or non-owner of the CDPH PCI,
Contractor shall, at its sole expense, and at the sole election of CDPH, either:
1. electronically submit a single sample copy of the security breach notification, excluding any
personally identifiable information, to the Attorney General pursuant to the format, content
and timeliness provisions of Section 1798.29, subdivision (e). Contractor shall inform the
CDPH Privacy Officer of the time, manner and content of any such submissions, prior to the
transmission of such submissions to the Attorney General; or
2. cooperate with and assist CDPH in its submission of a sample copy of the notification to the
Attorney General.
F. CDPH Contact Information: To direct communications to the above referenced CDPH staff, the
Contractor shall initiate contact as indicated herein. CDPH reserves the right to make changes
to the contact information below by verbal or written notice to the Contractor. Said changes shall
not require an amendment to this Exhibit or the agreement to which it is incorporated.
CDPH IPSR 9-22
County of Fresno
Contract Number 202210 Fresno
Page 6 of 10
Exhibit E
Information Privacy and Security Requirements
CDPH Program CDPH Privacy Officer CDPH Chief Information Security
Contract Manager Officer
See the Scope of Work Privacy Officer Chief Information Security Officer
exhibit for Program Privacy Office Information Security Office
Contract Manager c/o Office of Legal Services California Dept. of Public Health
California Dept. of Public Health P.O. Box 997413, MS 6302
P.O. Box 997377, MS 0506 Sacramento, CA 95899-7413
Sacramento, CA 95899-7377
Email:
Email: privacy(a)cdph.ca.gov CDPH.InfoSecurityOffice(aD_cdph.ca.gov
Telephone: (877)421-9634 Telephone: (855) 500-0016
XI I. Documentation of Disclosures for Requests for Accounting: Contractor shall document and make
available to CDPH or (at the direction of CDPH) to an Individual such disclosures of CDPH PCI, and
information related to such disclosures, necessary to respond to a proper request by the subject
Individual for an accounting of disclosures of personal information as required by Civil Code section
1798.25, or any applicable state or federal law.
XIII. Requests for CDPH PCI by Third Parties: The Contractor and its employees, agents, or
subcontractors shall promptly transmit to the CDPH Program Contract Manager all requests for
disclosure of any CDPH PCI requested by third parties to the agreement between Contractor and
CDPH (except from an Individual for an accounting of disclosures of the individual's personal
information pursuant to applicable state or federal law), unless prohibited from doing so by applicable
state or federal law.
XIV. Audits, Inspection and Enforcement: CDPH may inspect the facilities, systems, books and records of
Contractor to monitor compliance with this Exhibit. Contractor shall promptly remedy any violation of
any provision of this Exhibit and shall certify the same to the CDPH Program Contract Manager in
writing.
XV. Return or Destruction of CDPH PCI on Expiration or Termination: Upon expiration or termination of
the agreement between Contractor and CDPH for any reason, Contractor shall securely return or
destroy the CDPH PCI. If return or destruction is not feasible, Contractor shall provide a written
explanation to the CDPH Program Contract Manager, the CDPH Privacy Officer and the CDPH Chief
Information Security Officer, using the contact information listed in Section XI (F), above.
A. Retention Required by Law: If required by state or federal law, Contractor may retain, after
expiration or termination, CDPH PCI for the time specified as necessary to comply with the law.
B. Obligations Continue Until Return or Destruction: Contractor's obligations under this Exhibit shall
continue until Contractor returns or destroys the CDPH PCI or returns the CDPH PCI to CDPH;
provided however, that on expiration or termination of the agreement between Contractor and
CDPH, Contractor shall not further use or disclose the CDPH PCI except as required by state or
federal law.
C. Notification of Election to Destroy CDPH PCI: If Contractor elects to destroy the CDPH PCI,
Contractor shall certify in writing, to the CDPH Program Contract Manager, the CDPH Privacy
CDPH IPSR 9-22
County of Fresno
Contract Number 202210 Fresno
Page 7 of 10
Exhibit E
Information Privacy and Security Requirements
Officer and the CDPH Chief Information Security Officer, using the contact information listed in
Section XI (F), above, that the CDPH PCI has been securely destroyed. The notice shall include
the date and type of destruction method used.
XVI. Amendment: The parties acknowledge that federal and state laws regarding information security and
privacy rapidly evolves and that amendment of this Exhibit may be required to provide for procedures
to ensure compliance with such laws. The parties specifically agree to take such action as is
necessary to implement new standards and requirements imposed by regulations and other
applicable laws relating to the security or privacy of CDPH PCI. The parties agree to promptly enter
into negotiations concerning an amendment to this Exhibit consistent with new standards and
requirements imposed by applicable laws and regulations.
XVII. Assistance in Litigation or Administrative Proceedings: Contractor shall make itself and any
subcontractors, workforce employees or agents assisting Contractor in the performance of its
obligations under the agreement between Contractor and CDPH, available to CDPH at no cost to
CDPH to testify as witnesses, in the event of litigation or administrative proceedings being
commenced against CDPH, its director, officers or employees based upon claimed violation of laws
relating to security and privacy, which involves inactions or actions by the Contractor, except where
Contractor or its subcontractor, workforce employee or agent is a named adverse party.
XVIII. No Third-Party Beneficiaries: Nothing express or implied in the terms and conditions of this Exhibit is
intended to confer, nor shall anything herein confer, upon any person other than CDPH or Contractor
and their respective successors or assignees, any rights, remedies, obligations, or liabilities
whatsoever.
XIX. Interpretation: The terms and conditions in this Exhibit shall be interpreted as broadly as necessary to
implement and comply with regulations and applicable State laws. The parties agree that any
ambiguity in the terms and conditions of this Exhibit shall be resolved in favor of a meaning that
complies and is consistent with federal and state laws and regulations.
XX. Survival: If Contractor does not return or destroy the CDPH PCI upon the completion or termination of
the Agreement, the respective rights and obligations of Contractor under Sections VI, VII and XI of
this Exhibit shall survive the completion or termination of the agreement between Contractor and
CDPH.
CDPH IPSR 9-22
County of Fresno
Contract Number 202210 Fresno
Page 8 of 10
Exhibit E
Information Privacy and Security Requirements
Attachment 1
Contractor Data Security Standards
I. Personnel Controls
A. Workforce Members Training and Confidentiality. Before being allowed access to CDPH PCI,
all Contractor's workforce members who will be granted access to CDPH PCI must be trained in
their security and privacy roles and responsibilities at Contractor's expense and must sign a
confidentiality and acceptable CDPH PCI use statement. Training must be on an annual basis.
Acknowledgments of completed training and confidentiality statements, which have been signed
and dated by workforce members must be retained by the Contractor for a period of three (3)
years following contract termination. Contractor shall provide the acknowledgements within five
(5) business days to CDPH if so requested.
B. Workforce Members Discipline. Appropriate sanctions, including termination of employment
where appropriate, must be applied against workforce members who fail to comply with privacy
policies and procedures, acceptable use agreements, or any other provisions of these
requirements.
C. Workforce Member Assessment. Before being permitted access to CDPH PCI, Contractor must
assure there is no indication its workforce member may present a risk to the security or integrity
of CDPH PCI. Contractor shall retain the workforce member's assessment documentation for a
period of three (3) years following contract termination.
II. Technical Security Controls
A. Encryption. All desktop computers, mobile computing devices, and portable electronic storage
media that processes or stores CDPH PCI must be encrypted using a FIPS 140-2 certified 128 bit
or higher algorithm. The encryption solution must be full disk unless approved by the CDPH
Information Security Office (ISO) and Privacy Office (PO). FIPS 140-2 certified 128 bit or higher
algorithm end-to-end, individual file encryption, or ISO approved compensating security controls,
shall be used to protect CDPH PCI transmitted or accessed outside the Contractor's secure
internal network (e.g., email, remote access, file transfer, internet/website communication tools).
B. Server Security. Servers containing unencrypted CDPH PCI must have sufficient local and
network perimeter administrative, physical, and technical controls in place to protect the CDPH
information asset, based upon a current risk assessment/system security review.
C. Minimum Necessary. Only the minimum amount of CDPH PCI required to complete an
authorized task or workflow may be copied, downloaded, or exported to any individual device.
D. Antivirus software. Contractor shall employ automatically updated malicious code protection
mechanisms (anti-malware programs or other physical or software-based solutions) at its network
perimeter and at workstations, servers, or mobile computing devices to continuously monitor and
take action against system or device attacks, anomalies, and suspicious or inappropriate activities.
E. Patch Management. All devices that process or store CDPH PCI must have a documented patch
management process. Vulnerability patching for Common Vulnerability Scoring System (CVSS)
"Critical" severity ratings (CVSS 9.0 — 10.0) shall be completed within forty-eight (48) hours of
publication or availability of vendor supplied patch; "High" severity rated (CVSS 7.0- 8.9) shall be
completed within seven (7) calendar days of publication or availability of vendor supplied patch;
CDPH IPSR 9-22
County of Fresno
Contract Number 202210 Fresno
Page 9 of 10
Exhibit E
Information Privacy and Security Requirements
all other vulnerability ratings (CVSS 0.1 — 6.9) shall be completed within thirty (30) days of
publication or availability of vendor supplied patch, unless prior ISO and PO variance approval is
granted.
F. User Identification and Access Control. All Contractor workforce members must have a unique
local and/or network user identification (ID) to access CDPH PCI. The unique ID may be
passwords, physical authenticators, or biometrics, or in the case of multi-factor authentication,
some combination thereof. Should a workforce member no longer be authorized to access CDPH
PCI, or an ID has been compromised, that ID shall be promptly disabled or deleted. User ID's
must integrate with user role-based access controls to ensure that individual access to CDPH PCI
is commensurate with job-related responsibilities.
G. CDPH PCI Destruction. When no longer required for business needs or legal retention periods,
all electronic and physical media holding CDPH PCI must be purged from Contractor's systems
and facilities using the appropriate guidelines for each media type as described in the prevailing
"National Institute of Standards and Technology — Special Publication 800-88" — "Media
Sanitization Decision Matrix."
H. System Inactivity Timeout. Contractor's computing devices holding, or processing CDPH PCI
must be configured to automatically log-off an authenticated user or lock the device in a manner
where the user must reauthenticate the user session after no more than twenty (20) minutes of
user inactivity.
I. Warning Banners. During a user log-on process, all systems providing access to CDPH PCI,
must display a warning banner stating that the CDPH PCI is confidential, system and user
activities are logged, and system and CDPH PCI use is for authorized business purposes only.
User must be directed to log-off the system if they do not agree with these conditions.
J. System Logging. Contractor shall ensure its information systems and devices that hold or
process CDPH PCI are capable of being audited and the events necessary to reconstruct
transactions and support after-the-fact investigations are maintained. This includes the auditing
necessary to cover related events, such as the various steps in distributed, transaction-based
processes and actions in service-oriented architectures. Audit trail information with CDPH PCI
must be stored with read-only permissions and be archived for three (3) years after event
occurrence. There must also be a documented and routine procedure in place to review system
logs for unauthorized access.
K. Intrusion Detection. All Contractor systems and devices holding, processing, or transporting
CDPH PCI that interact with untrusted devices or systems via the Contractor intranet and/or the
internet must be protected by a monitored comprehensive intrusion detection system and/or
intrusion prevention system.
III. Audit Controls
A. System Security Review. Contractor, to assure that administrative, physical, and technical
controls are functioning effectively and providing adequate levels of protection for CDPH PCI, shall
conduct at least, an annual administrative assessment of risk, including the likelihood and
magnitude of harm from the unauthorized access, use, disclosure, disruption, modification, or
destruction of an information system or device holding processing, or transporting CDPH PCI,
CDPH IPSR 9-22
County of Fresno
Contract Number 202210 Fresno
Page 10 of 10
Exhibit E
Information Privacy and Security Requirements
along with periodic technical security reviews using vulnerability scanning tools and other
appropriate technical assessments.
B. Change Control. All Contractor systems and devices holding, processing, or transporting CDPH
PCI shall have a documented change control process for hardware, firmware, and software to
protect the systems and assets against improper modification before, during, and after system
implementation.
IV. Business Continuity/ Disaster Recovery Controls
A. Emergency Mode Operation Plan. Contractor shall develop and maintain technical recovery and
business continuity plans for systems holding, processing, or transporting CDPH PCI to ensure
the continuation of critical business processes and the confidentiality, integrity, and availability of
CDPH PCI following an interruption or disaster event lasting more than twenty-four (24) hours.
B. CDPH PCI Backup Plan. Contractor shall have a documented, tested, accurate, and regularly
scheduled full backup process for systems and devices holding CDPH PCI.
V. Paper Document Controls
A. Supervision of CDPH PCI. CDPH PCI in any physical format shall not be left unattended at any
time. When not under the direct observation of an authorized Contractor workforce member, the
CDPH PCI must be stored in a locked file cabinet, desk, or room. It also shall not be left unattended
at any time in private vehicles or common carrier transportation, and it shall not be placed in
checked baggage on common carrier transportation.
B. Escorting Visitors. Visitors who are not authorized to see CDPH PCI must be escorted by
authorized workforce members when in areas where CDPH PCI is present, and CDPH PCI shall
be kept out of sight of visitors.
C. Removal of CDPH PCI. CDPH PCI in any format must not be removed from the secure computing
environment or secure physical storage of the Contractor, except with express written permission
of the CDPH PCI owner.
D. Faxing and Printing. Contractor shall control access to information system output devices, such
as printers and facsimile devices, to prevent unauthorized individuals from obtaining any output
containing CDPH PCI. Fax numbers shall be verified with the intended recipient before transmittal.
E. Mailing. Mailings of CDPH PCI shall be sealed and secured from damage or inappropriate viewing
to the extent possible. Mailings which include five hundred (500) or more individually identifiable
records of CDPH PCI in a single package shall be sent using a tracked mailing method which
includes verification of delivery and receipt, unless the prior written permission of CDPH to use
another method is obtained.
CDPH IPSR 9-22