HomeMy WebLinkAboutAgreement A-23-503 Amendment to Agreement with CDPH.pdf Agreement No. 23-503
State of California — Health and Human Services Agency— California Department of Public Health
CDPH 1229A (Rev. 09/2022)
California HIV Prevention Grant Program
Awarded By
THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, hereinafter "Department"
TO
County of Fresno, hereinafter "Grantee"
Implementing the project, "Enhanced Integration", hereinafter"Project"
AMENDED GRANT AGREEMENT NUMBER 22-10785 Al
The Department amends this Grant, and the Grantee accepts and agrees to use the Grant funds as
follows:
AUTHORITY: The Department has authority to grant funds for the Project under Health and Safety
Code, Section 131085b.
PURPOSE FOR AMENDMENT: This amendment extends the term of the grant by (5) additional
months to continue providing services without any disruption; also, to align the grant term with the
federal award for Integrated HIV Surveillance and Prevention Programs for Health Departments. This
is a no cost extension.
Amendments are shown as: Text additions are displayed in bold and underline. Text deletions are
displayed as strike through text (i.e., Strike).
AMENDED TERM OF GRANT: The term of this Grant shall be amended to read as January 1, 2023,
and terminates on DecembeF 31, 2023 May 31, 2024. No funds may be requested or invoiced for work
performed or costs incurred after Oe^tea F 31, 2023, May 31, 2024.
PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant will be:
California Department of Public Health County of Fresno
Jesse Peck, HIV Prevention Branch Chief Jena Adams, Supervising Communicable Disease Specialist
Telephone: (916) 449-5825 Telephone: (559) 600-3042
Email: jesse.peck@cdph.ca.gov Email: jadams@fresnocountyca.gov
Direct all inquiries to:
California Department of Public Health County of Fresno
Daniel Miller, Program Advisor Jena Adams, Supervising Communicable Disease Specialist
1616 Capitol Avenue, Suite 616, MS 7700 1221 Fulton Street
Sacramento, CA 95814 Fresno, CA 93721
Email: daniel.miller@cdph.ca.gov Telephone: (559) 600-3042
Email: jadams@fresnocountyca.gov
Page 1 of 2
State of California— Health and Human Services Agency—California Department of Public Health
CDPH 1229A (Rev. 09/2022)
All payments from CDPH to the Grantee; shall be sent to the following address:
Remittance Address
County of Fresno
Cashier— Irene Parada, DPH Business Office Manager
PO Box 11867
Fresno, CA 93775
Telephone: (559) 600-6415
Email: dphboap@fresnocountyca.gov
Either party may make changes to the Project Representatives, or remittance address, by giving a
written notice to the other party, said changes shall not require an amendment to this agreement but
must be maintained as supporting documentation. Note: Remittance address changes will require the
Grantee to submit a completed CDPH 9083 Governmental Entity Taxpayer ID Form or STD 204
Payee Data Record Form and the STD 205 Payee Data Supplement which can be requested through
the CDPH Project Representatives for processing.
All other terms and conditions of this Grant shall remain the same.
IN WITNESS THEREOF, the parties have executed this Grant on the dates set forth below.
Executed By:
Date: T,
Sa Q n ro, hairman, Board of Supervisors
CoW orfTMno, Contracts Section
1221 Fulton Street, 61h Floor
Fresno, CA 93721
Date: 10-5-23
Ja r Sandoval, Chief
Contracts Management Unit
California Department of Public Health
1616 Capitol Avenue, Suite 74.262
P.O. Box 997377, MS 1800- 1804
Sacramento, CA 95899-7377
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By n�.,i,,ar;o. �;4 frn Deputy
Page 2of2
Contractor Certification Clauses
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am
duly authorized to legally bind the prospective Contractor to the clause(s) listed
below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
County of Fresno
By (Authorized Signature)
ATTEST:
BERNICE E.SEIDEL
• Clerk of the Board of Supervisors
County of Fresno,State of California
int ?fam4 and Title of Person Signing By 8"r:,► Deputy
Sal Quintero, Chairman of the Board of Supervisors of the County of Fresno
Date Executed Executed in the County of
September 19, 2023 Fresno
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about.-
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that
no more than one (1) final unappealable finding of contempt of court by a Federal court
has been issued against Contractor within the immediately preceding two-year period
because of Contractor's failure to comply with an order of a Federal court, which orders
Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract
Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment, materials, or
supplies furnished to the state pursuant to the contract have been laundered or produced
in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor,
or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweatfree
Code of Conduct as set forth on the California Department of Industrial Relations website
located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises if reasonably
required by authorized officials of the contracting agency, the Department of Industrial
Relations, or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of$100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of$100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance of
the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies
with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued pursuant
to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing within
the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State
with a copy of a resolution, order, motion, or ordinance of the local governing body which
by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall
not be: (1) in violation of any order or resolution not subject to review promulgated by the
State Air Resources Board or an air pollution control district; (2) subject to cease and
desist order not subject to review issued pursuant to Section 13301 of the Water Code for
violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT OFFICE OF LEGAL SERVICES
DGS OLS 04(Rev.01/17)
Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to,or
otherwise proposes to enter into or renew a contract with, a state agency with respect to any
contract in the amount of$100,000 or above shall certify, under penalty of perjury, at the time
the bid or proposal is submitted or the contract is renewed, all of the following:
1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts executed or renewed after
January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section
51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the
Government Code); and
2. EMPLOYER DISCRIMINATORY POLICIES: For contracts executed or renewed after
January 1, 2017, if a Contractor has an internal policy against a sovereign nation or
peoples recognized by the United States government, the Contractor certifies that such
policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code)
or the Fair Employment and Housing Act (Section 12960 of the Government Code).
CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Proposer/Bidder Firm Name(Printed) Federal ID Number
County of Fresno
By (Authorized Signature)
P "nte N me nd Title of Person Signing
Sal Quintero, Chairman of the Board of Supervisors of the County of Fresno
Executed in the County of Executed in the State of
Fresno CA
Date Executed
September 19, 2023 ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By A0/0 11k' V•(�Ir4'' Deputy
California Department of Public Health
Name/No.: HIV Prevention Grant Program (Amendment No. 22-10785 Al to Grant
Agreement No. 22-10785)
Fund/Subclass: 0001/10000
Organization #: 56201645
Revenue Account #: 4380