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HomeMy WebLinkAboutAgreement A-17-436 with CDPH.pdfACCEPTANCE OF AWARD County of Fresno, Department of Public Health Funding Period: July 1, 2017 through June 30, 2018 Base Award; $279,572 Food, Shelter, Incentives and Enablers Allotment: $16.413 Agreement No. 17-436 I hereby accept this award. By accepting this award, I agree to the requirements as described in the Standards and Procedures Manual for FY 2017-2018 and any other conditions stipulated by the California Department of Public Health, Tuberculosis Control Branch. Authorized Signature Brian Pacheco Print Name ATTEST: BERNICE E. SEIDEL, Clerk Board of Supervisors By(£.. fl ~-Q_. "g- Dep ty Chairman, Board of Supervisors Title California Department of Public Health Tuberculosis Control Branch Special Terms and Conditions (For f(Jd eral/y fu nded service co ntra cts or agreements and grant agreements) Th e use of headings or tit les throughout this exhib it Is for co nvenience only and shall no t be used to interpret or to govern the meaning of any specific term or cond itio n. Th e terms "co ntract", "Contractor" and "Subcont ra ctor" shall also mean , "agreement", "grant", "grant agreem ent ", "Grantee" and "Subgrantee" respectively. The terms "Ca lifornia Department of Public Health " and "CD PH " sha ll have the sa me meaning an d refer to the California State agency that is a party to this Agreement. This exhi bit contains provisions that requ ire strict adh erence to various contracting laws and pol icies. Some provisions herein are conditiona l and only appl y if spec ifi ed conditions exist (i.e., agreement total exceeds a certain amount, agreement is federally funded , etc.). The provisions herein app ly to this Agreement un less the provi s ion s are removed by reference on the face of t his A greement, the provisions are s uperseded by an alternate provision appearing elsewhere in th is Agreement, or the app lic abl e condi tions do not exist. Index of Special Terms and Conditions 1. Federal Eq ua l Employment Opportun ity Requirements 2. Trave l and Pe r Diem Re imbu rsement 3. Procurement Rules 4 . Eq uipment Ownership I In ventory I Dispos ition 5. Subcontract Requ irements 6 . Income Restrictions 7. Audit and Record Rete nt ion 8. Site Inspect ion 9. Federal Contract Fun ds 10. Intellectual Property Rights 11. Air or Water Po ll ution Requirements 12. Prio r A pproval of Traini ng Semi nars, Workshops or Conferences 13. Co nfidentiality of Information 14. Documents , Publ ications , and Written Reports 15. Dispute Reso lut ion Process 16. Fina ncia l and Comp lia nce Aud it Requirements 17. Human Subjects Use Requirements 18 . Novati on Requ irements 19. Debarm ent and Suspension Certific ation 20 . Smoke-Free Workplace Cert ification 21 . Covenant Aga inst Co nti ngent Fees 22 . Payment Withho lds 23. Performance Evaluation 24 . Officials Not to Benefit 25 . Four-D igit Da te Compliance 26. Prohibited Use of State Funds for So ftware 27. Use of Small. Minority Owned and Women's Bus in ess es 28 . Alien In e ligibil ity Certification 29 . Union Organizin g 30 . Contract Uni formity (F ri nge Benefit All owabil ity) 31. Lobbying Re strictions and Disc losure Certification 32. Additional Restrict ions 33. Federa l Requirements Adapted from CDPH Exhibit D (F) (10/14) Page 1 of 25 March 2017 Californ ia Department of Pub lic Heal th Tuberculosis Control Bran ch 1. Federal Equal Opportunity Requirements (App licable to all federally funded agreements entered into by the Ca lifornia Department of Pub li c Hea lth (CDPH).) a. The Contractor will not discriminate against any employee or applicant for employment because of race , co lor, religion, sex, national origin , physica l or mental handicap, disability, age or status as a disabled veteran or veteran of the Vietnam era . The Contractor will take affirmative action to ensure that qualified app licants are employed , and that employees are treated du r ing emp loyment , without regard to their race, color, religion, sex , national origin , physical or mental handicap , disability, age or status as a d isabled veteran or veteran of the Vietnam era. Such actio n shall include, but not be l imited to the following : employment , upgrad ing , demotion or transfer; recru itment or recru itment advertising; layoff or termination ; rates of pay or other forms of compensation ; and career development opportunities and selection for train ing , inc lud ing apprenticeship. The Contractor agrees to post in conspicuous places , available to employees and applicants for employment , notices to be provided by the Federal Governme nt or CDPH, setting forth the provis ions of the Equal Opportunity clause , Sect ion 503 of the Rehabil it ation Act of 1973 and the affirmative action clause required by the Vietnam Era Veterans ' Readjus tment Ass ista nc e Act of 1974 (38 U.S .C. 4212). Such notices shall state the Contractor's ob ligation under the law to take affirmative action to employ and advance in emp loyment qualified applicants without disc rimination based on their rac e, co lor, re ligion , sex, nat ional origin physical or mental handicap, disability , age o r status as a disabled veteran or veteran of the Vietnam era and the rights of applican ts and employees . b. The Contractor will , in all so lici tations or advancements for employees placed by or on behalf of the Contra ctor, state that all qualified applicants will receive consideration for employment without regard to race , co lor, re lig io n, sex, national o rigin physical or mental handicap , d isability , age or status as a d isabled vetera n or veteran of the Vietnam era . c. The Contractor wi ll send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a not ice, to be provided by the Federal Government or the State, advising the la bor union or workers' representative of the Contractor's commitments under the provisio ns herein and shall post cop ies of the notice in conspicuous pla ces ava ilable to employees and applicants for employment d. The Contractor will comply with all provisions of and furnish all information and reports required by Section 503 of the Rehabilitation Act of 1973, as amended , the Vietnam Era Veterans ' Readjustment Assistance Act of 1974 (38 U.S.C. 42 12) and of the Federal Executive Order No . 11 246 as amended , incl ud ing by Executi ve Order 11375, 'Amending Executive Order 11246 Relat in g to Eq ua l Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60 , "Office of the Fe deral Cont rac t Complian ce Programs , Equal Employment Opportun ity , Department of Labo r," and of the rules, regula ti ons, and re levant orders of th e Secre tary of Labor. e. T he Contra ctor wi ll furnish all information and reports required by Federa l Executive Orde r No . 11 246 as amended , including by Executive Order 11375, 'Ame nd ing Executive Order 11246 Relating to Equal Em ploym ent Opportunity,' and as supplemented by regulation at 4 1 CFR part 60, ,;Office of the Federa l Contract Comp liance Programs , Equa l Emp loyment Opportun ity , Department of Labor,'' and the Rehabilitat io n Act of 1973, and by the rules, regulat ions, and orders of the Secretary of Labor , or pursuant thereto , and will permit access to its books , records , and accounts by the State and its designated representatives and th e Sec retary of Labor for purposes of invest igation to ascertain complian ce with such rules , regulations , and orders. f. In the event of the Contra ctor's noncompliance with th e requi re ments of the prov isions he re in o r with any federal rule s, regul at io ns, or orders which are referenced here in, this Agreement may be cancelled , terminated , or suspended in whole or in part and the Contractor may be declared ineligib le for further federal and state contracts in accordance with procedures authorized in Fede ra l Exec uti ve Order No. 11246 as amended and such othe r sanctions may be imposed and re med ies invoked as provided in Federal Exec utive Order No. 11246 as amended , inc lud ing by Exec utive Order 11375 , 'Amend ing Exec utive Order 11246 Relating to Equa l Employment Opportun ity,' and as supplemented by regulation at 41 CFR part 60, "Offic e of the Federal Contract Comp liance Programs , Equal Emp loyment Opportunity, Department of Labor ," or by ru le, regulation , or o rd er of the Secretary of Labor , or as otherwise provide d by law. Adapted frorn CDPH Exhi bit D (F) (10/1 4) Page 2 of 25 March 2017 California Departmen t of Public Heal th Tu be rculosis Control Branc h g. Th e Contractor will includ e the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules , regulations , or orders of the Secretary of Labor issued pursuant to Federal Executive Order No . 11246 as amended , including by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equa l Empl oyment Opportun ity,' and as supplemented by regulation at 41 CFR part 60 , "Office of the Federal Contract Compliance Program s, Equal Employment Opportunity, Department of Labor ,• or Section 503 of the Rehabil itation Act of 197 3 or (38 U.S.C. 4212 ) of the V ietnam Era Veteran's Readjustm e nt Assistance Act , so that such prov isions will be bind ing upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs o r CDPH may direct as a means of enforcing such pro visions including sanctions for noncompliance p rov ided, however, that in the event the Contractor becomes invo lved in, or is th reatened with litigat ion by a subcontractor or vendor as a resu lt of such direction by CDP H , the Contractor may request in writing to CDPH, who, in turn, may request the United States to enter into such litigation to protect the inte re sts of the State and of the Un ited States . 2. Travel and Per Di em Reimbursement (Appl ic able if travel and /or per diem expenses are reimbursed with agreement fund s.) Re imbursement for travel and per diem expenses from CDPH under this Agreement shall , u nless otherw ise specified in this Agreement , be at the rates currently in effect. as established by the Californ ia Departmen t of H uman Resources (Ca iHR ), for nonrepresented state employees as stipulated in CDPH 's Travel Reimbursement Information Exh ibit. If the Ca iHR rates change during th e term of the Agreement , the new rat es shall apply upon their effective date and no amendment to th is Agreement shall be necessary. Exceptions to Ca iH R rates may be approved by CDPH upon the subm ission of a statement by the Co ntractor indicating that such rates are not avai lab le to the Contractor. No travel o ut side the State of Californ ia shall be reimbursed without prior authorization from CDPH . Verbal authorization should be confi r med in wri ting. W ritt en authorization may be in a form inc luding fax or email confirmation . 3. Procurement Rules (App licabl e to all agreements in which equipment, property, commodities and /or supplies are furnished by CDPH or expenses for said items are reimbursed with state or federal fun ds .) a. Equipment definitions Wherever the term equipment /property is used , the following defin it ions shall appl y: (1) Major equipment/property: A tangible or intang ible item having a base unit cost of $5,000 or more with a lif e expectancy of one (1) year or more and is either furnished by CDPH o r t he cost is re imbursed through this Agreement. Software and videos are examples of intangible items that meet this definit ion . (2 ) Minor equipment/property: A tangible item ha vi ng a base un it cost of less than $5,00 0 wit h a life expectancy of one (1) ye ar or more and is either furnished by CDPH or the cost is reimbursed throug h this Agreement. b. Government and public entities (in cluding state colleges/universit ies and au xiliary organizat ions ), whether acting as a contractor and/or subcontractor, may secure all commodities , supplies , equipment and services related to such purchases that are required in performance of this Agreement. Said procurements are subject to Paragraphs d through h of Pro vision 3. Pa rag raph c of Prov ision 3 shall also apply , if equ ipment purchases are delegated to subcontracto rs tha t are nonp rofit organizations or commercial businesses . c. Nonprofit organizations and commercial businesses, whether acting as a contractor and/or subcontractor, may secure commodities , supplies, equ ipment and services related to such purchases for performance under th is Agreement (1) Equ ipment purchases sha ll not exceed $50 ,000 annually. To secure equipment above the annua l maximum limit of $50,000 , the Contractor shall ma ke arra ngements through the appropriate CDPH Program Con tract Manager , to ha ve all remain ing equipment purchased through CDPH 's Purchas ing Unit. The cost of equipment purcha se d by or Ad apted from CDPH E)(hlblt D (F) (10114) Page 3 of 25 March 2017 California Department of Public Health Tuberculosi s Control Branch through CDPH shall be deducted from the funds available in this Agreement. Contractor shall submit to the CDPH Prog ram Contract Manager a list of equipment specifications for those Items that the State must procure. The State may pay the vendor directly for such arranged equipment purchases and title to the equipment will remain with CDPH. The equipment w ill be del ivered to the Contractor's address , as stated on the face of the Agreement , unless the Contractor notifies the CDPH Program Contract Manager, in writing, of an alternate delivery address. (2) All equipment purchases are subject to Paragraphs d through h of Prov ision 3. Paragraph b of Prov is ion 3 shall also apply , if equipment purchases are delegated to subcontractors that are either a government or public entity. (3) Nonprofit organizations and commercial businesses, shall use a procurement system tha t meets the following standards : (a) Maintain a code or standard of conduct that shall govern the performance of its officers , employees, or agents engaged in award ing procurement contracts . No employee , officer, or agent shall participate in the select ion , award , or administration of a procurement, or bid contract in which , to his or her knowledge , he or she has a fin ancial interest. (b) Procurements shall be conducted in a manner that provides , to the maximum extent practical , open , and free competition . (c) Procurements shall be conducted in a manner that provides for all of th e follow ing : [1] Avoid purchasing unnecessary or duplicate items. [2] Equipment solicitations shall be based upon a clear and accurate description of the technical requirements of the goods to be procured. [3] Take posit ive steps to ut ilize small and veteran owned busi nesses . d. Unless waived or otherwise stipulated in writing by CDPH , prior written autho rization from the appropriate CDP H Program Contract Manag er will be required before the Contractor wil l be reimbursed for any purchase of $5 ,000 or more for commodities , supplies, equipment, and services related to such purchases. The Contractor must provide in it s request for authorization all particulars necessary , as specified by CDPH , for evaluating the necessity or desirability of incurring such costs. The term "purchase" excludes the purchase of services from a subcontractor and publ ic utility services at rates established for uniform applicability to the general public. e. In specia l circumstances , determined by CDPH (e.g., when CDPH has a need to monitor certain purchases, etc.), CDPH may require pr ior written authorization and/or the submiss ion of paid vendor receipts for any purchase, regardless of dollar amount. CDPH reserves the right to eith er deny claims for re imbursement or to re quest repayment for any Contractor and/or subcontractor purchase that CDPH determines to be unnecessary in carrying out performance under this Ag reement. f. The Contractor and/or subcontracto r must maintain a copy or narrat ive descript ion of the procurement system , guidelines , rules , or regulations that will be used to make purchases under this Agreement. The State reserves the right to request a copy of these documents and to Inspect the purchasing practices of the Contractor and/or subcontractor at an y time . g. For all purchases , the Contractor and/or subcontractor must maintain copies of all pa id vendor invoices, documents , bids and other informatio n used in vendor sele ct ion, for inspection or aud it. Justifications supporting the absence of bidding (i.e ., sole source purchases) shall also be ma intained on file by the Contractor and/or subcontractor for inspect ion or aud it. h. CDPH may, with cause (e.g., with reasonab le suspicion of unnecessary pu rchases or use of inappropriate purchase practices , etc.), withhold, cancel , modify, or retract the delegated purchase authority g ra nted under Paragraphs b and/or c of Provision 3 by giving the Contractor no less than 30 calendar days written notice . 4. Equipment Ownership /Inventory I Disposit ion A dapted from CDPH Exr1ib i l 0 (F) (10114) Page 4 of 25 Marcil 2017 California Department of Public Health Tuberculosis Control Branch (Appli cab le to agreements in which equipment and/or property is furnished by CDP H and /or when said items are purchased or reimbursed w ith state or fe de ral funds .) a. Wherever the terms equipment and/or property are used in Provision 4 , the defin itions in Provision 3 , Paragraph a, sha ll apply. Unless otherwise stipulated in this Agreement , all equipment and /or property that are purchased /reimbursed with agreement funds or furnished by CDPH under the terms of this Agreement shall be considered state equipment and the property of CDPH . (1) CDPH requires the reporting, tagg ing and annual inventorying of all equipment and/or property t ha t is furnished by CDPH or pu rchased/reimbursed with funds provided through this Agreement. Upon receipt of equipment and /or property , the Contractor sha ll report the receipt to the CDPH Program Contract Manager. To report the receipt of said items and to receive property tags , Contractor sha ll use a form or format designated by CDPH 's Asset Management Unit. If the appropriate form (i.e., Contractor Equipment Purchased with CDPH Funds) does not accompany this Agreement, Contractor shall request a copy from the CDPH Program Contract Manager. (2) If the Contractor ente rs in to an agreement with a term of more than twelve months , the Contractor shall submit an ann ual inventory of state equipment and/or property to the CDPH Program Contract Manager using a form or format designated by CDPH 's Asset Management U nit. If an inventory report form (i.e., Inventory/Disposition of CDPH-Funded Equipment) does not accompany this Agreement, Contractor sha ll requ est a copy from the CDPH Program Contract Manager. Contractor shall: (a) I nclude in the inventory report, equipment and/or property In the Contractor's possession and/or in the possession of a subcontractor (inc luding independent consultants). (b) Submit the inventory report to CDPH according to the instructions appearing on the inventory form or issued by the CDPH Program Contract Manager. (c) Contact the CDPH Program Contract Manager to learn how to remove , trade-in, sell, transfer or survey off, from the inventory report, expired equipment and/or property that is no longe r wanted, usable or has passed its life expectancy. Instructions will be supplied by CDPH's Asset Management Unit. b. Title to state equipment and/or property shall not be affected by its inco rporation o r attachment to any property not owned by the State . c. Unless otherwise stipulated , CDPH shall be under no obligation to pay the cost of restoration , or rehabil itation of the Contractor's and/or Subcont ra ctor's faci lity which may be affected by the removal of any state eq u ipme nt and/or property. d. The Contractor and/or Subcontractor sha ll maintain and administer a sound bus iness program for ensuring the proper use , maintenance , repair, protection , insurance and preservat ion of state equipment and/or property. (1) In administering this provision, CDPH may require the Contractor and/o r Subcont ractor to repair or replace, to CD PH 's satisfacti o n , f)ny damaged, lost or stolen state equ ipment and/or property. Contractor and /or Subcontractor sha ll immediately file a theft report with the appropriate police agency or the California Hig hway Patrol and Contractor shall promptly submit one copy of the th eft report to the CDPH Program Contract Manager. e. Unless otherwise st ipulated by th e program funding this Agreement , equipment and /or prope rty purchased/reim bursed with agreement funds or furnished by CDPH under the terms of this Agreement, shall on ly be used for performance of this Agreement or another CDPH agreement. f. Within sixty (60) calendar days prior to the terminat ion or end of this Agreement , the Contractor shall provide a final inventory report of equipment and/or property to the CDPH Program Contract Manager and Adapted from CDPH Ex hlbl! D (F) (10/14) Page 5 of25 Mar ch 20 17 California Department of Public Health Tuberculosis Control 8ranch shall , at that time, query CDPH as to the requirements, including the manner and method , of return ing state equipment and /or property to CDP H. Fin al disposition of equipment and/or property shall be at CDPH expense and according to CDPH instructions. Equipment and/or property disposition instructions shall be issued by CDPH immedi atel y after receipt of the final in ventory report . At the termination or conclusion of this Agreement , CDPH may at it s discretion , authorize the continued use of state equipment and/or property tor performance of work under a different CDPH agreement. g. Motor Vehicles (App licab le on ly if motor vehic les are purchased/re im bursed with agreement funds or furnished by CDP H under this Agreement.) (1) If motor vehicles are purchased/re imb ursed with agreement funds or furnished by CDPH under the terms of this Agreement, within thirty (3 0) calendar days prior to th e termination or end of this Agreement, the Contractor and /or Subcontractor shall return such vehicles to CDPH and shall deliver all necessary documents of title or registration to enable the proper trans fer of a marketable title to CDPH . (2) If motor vehicles are purchased/reimbursed with agreement funds or furnished by CDPH under the terms of this Agreement, the State of Cal iforni a shall be the legal owner of said motor vehicles and the Contractor shall be the reg is tered owner. Th e Contractor and /or a subcontractor may only use said veh icles for performance and under the terms of this Agreement. (3) The Cont ractor and/or Subcont ractor agree that all operators of motor vehic les , purchased/reimbu rs ed with agreem ent funds or furnished by CDPH under the terms of this Agreement, shall hold a valid State of California driver's li cense. I n the event that ten or more passengers are to be transported in any one vehicle, the operator shall also ho ld a State of California Class B drive r's license . (4) If any motor vehicle is purchased/rei mbursed with agreement funds or furnished by CDPH under the terms of this Agreement, the Contractor and/or Subcontractor , as applicable, shall prov ide , maintain, and certify that , at a minimum , the following type and amount of automobile liability insurance is in effect during the term of this Agreement or any extension period during which any vehicle remains in the Contractor's and/or Subcontractor's possession : Automobile Liability Insurance (a) The Contractor, by signing th is Agreement, hereby certifies that it possesses or will obtain automobi le liability insu rance in the amount of $1,000 ,000 per occurrence for bodi ly injury and property damage combined . Said insurance must be obtained and made effective upon the delivery date of any motor veh icle , purchased/reimbursed with agreement funds or furnished by CDPH under the terms of this Agreement, to the Cont ractor and/or Subcontractor. (b) The Contractor and/or Subcontractor sha ll , as soon as practical, furnish a copy of the certificate of insurance to the CDPH Program Contract Manager. Th e cert ificate of In surance shall identify the CDPH contract or agreement number for which the ins urance applies. (c) The Contractor and/or Subco ntractor agree that bod ily injury and property damage liability insurance, as required herein, shall remain in effect at all times during the term of this Agreement or until such time as the motor vehicle is returned to CDPH . (d) The Contractor and/or Subcon tracto r agree to provide , at least thirty (30) days prior to the expiration date of said insurance coverage, a copy of a new certificate of insurance evidencing continued coverage , as indicated herein , for not less than the remainder of the term of this Agreement, the term of any extension or continuation thereof, or for a period of not less than one (1) year. (e) The Contractor and/or Subcontractor, if not a self-insu red government and /or public entity, must provide evidence, that any required certificates of insurance contain the following provis ions: [1) The insurer will not cancel the insu red's coverage without giving thirty (30) ca lendar days prior Adapted from CDPH Exh ibit D (F) (10/14} Page 6 of 25 March 20 17 California Department of Public Health T uberculosis Control B ranch written notice to the State (Cal iforn ia Department of Pu b lic Health (C DPH)). [2 ] The State of Californ ia , its officers, agents , employees, and s erva nts are included as add itional insureds , but only w1t h respect to work performed for the State under th is Agreement and any extension or continuation of this Ag reement. [3] The in surance carrier shall not ify CDPH , in writing , of the Cont rac tor's fa ilure t o pay premiums; its cancellation of such polic ies; or any other s ubstantial change , in c luding, but not lim ited to, the status, coverage, or scope of the requi red i nsu rance. Such notices shall contain a reference to each agreement number for w hich the insu rance was obtain ed . (f) The Contractor and/or Subcontracto r is hereby advised th at copies of certificates of insurance may be subject to review and approval by the Department of General Services (DGS ), Office of Risk and Insurance Management. The Contractor shall be notified by CDPH , in writ ing , if this provision is applicable to this Agreement. If DGS app roval of the certificate of insurance is required, the Contractor agrees that no work or services shall be performed prior to obta in ing said approval. (g) In the event the Contractor and/or Subcontractor fails to k eep insura nce coverage, as required herein, in effect at all times during veh icle possession, CD PH may, in add ition t o any other remedies it may ha ve , term inate th is Agreement upon the occur rence of such event. 5. Subcontract Requirements (Applicable to agreements under which services are to be performed by subcontractors including independent cons ultants.) a . Prior w ritten authorization will be requ ired before th e Contractor enters into or is reimbursed for any subcontract for services costing $5,000 or more. Except as indicate d in Paragraph a(3) herein , when securi ng subcontracts for services costing $5 ,000 , the Contractor shall obtain at le ast th ree bids or justify a sole source award . (1) The Contractor must provide in its request for authorization , all informati on necessary for evaluating the necessity or desirability of incurring such cost. (2 ) The State may identify the information needed to fulfill this requ irem ent. (3) Subcontracts performed by the fo llow ing entities or for the service typ es listed below are e xempt from the bidd ing and sole source j ustification requirements : (a) A local gov ernmental entity or the federal government , (b) A State college or uni versi ty from an y State , (c ) A J oint Powers Autho rity, (d) An auxiliary organization of a California State University or a California community college , (e) A foundation organized to support the Board of Governors of the California Co m munity Colleges , (f) An auxiliary organization of the Student Aid Commission established under Education Code § 69522 , (g ) Entities of an y type that will provide subvention aid or direct services to the public, (h) Entities and/or service typ es identified as exempt from advertising in State Contracting Manual 5.80 . V iew this publication at the following Internet addres s : https :/lwww.documents.dgs .ca.gov/ols/SCM%202015/Chapter 5 -Competitive Bid ding Methods.pdf. (i) Entities wh ose name and budgeted costs have been submitted to CDPH in respons e to a competit iv e solicitation. b . CDPH reserv es the ri ght to approve or disapprove the selection of subcontractors and with ad vance w ritten notice, require the substitut ion of subcontractors and re quire the Con tractor to term inate subcontracts entered into in support of this Agreement. Adap ted from CDPH Exh ibit 0 (F) (10/14) Page 7 of 25 March 2017 Cal ifornia D epartment of Public Health Tuberculosis Co nlrol Branch (1) Upon receipt of a written notice from CDPH req u1nng the subst itution and/or termination of a subcontract, the Contractor shall take steps to ensure the completion of any work in progress and select a replacement, if app licab le , within 30 ca lendar days, unless a longer period is ag reed to by CDPH . c . Actua l subcontracts (i.e ., written agreement between the Contractor and a subcontractor) of $5,000 or more are subject to the prior review and written approval of CDPH . CDPH may, at its d iscretion, elect to waive this r ight All such waivers shall be confirmed in writing by CDPH . d. Contractor shall maintain a copy of each subcontract entered into in support of thi s Agreement and shall , upon request by CDPH, make copies available for approval, inspection, or audit. e. CDPH assumes no responsibility for the payment of subcontractors used in the performance of this Agreement. Contractor accepts sole responsibi lity for the payment of subcontractors used In the performance of this Agreement. f . Th e Contractor is responsib le for all performance requirements under this Agreement even though performance may be ca rri ed out through a subcontract. g. The Contractor shall ensure that all subcontracts for services include provislon(s) requ iring complian ce with applicable terms and conditions specified in this Agreemen t. h. The Contractor agrees to inc lu de the following clause , relevant to record retention , in all subcontracts for services: "(Subcontractor Name) agrees to maintain and preserve , until three years after term ination of (Agreement Number) and final payment from CDPH to the Contractor, to permit CDPH or any duly au thorized representati ve , to have access to, examine or audit any pertinent books, documents, papers and records related to this subcontract and to allow interviews of any employees who might reasonably have information related to such records." i. Unless otherwise stipu lated in writing by CDPH , the Contractor shall be the subcontractor's sole point of contact for a ll matters related to performance and payment under th is Ag reement. j . Contractor shall , as app licable , advise all subcontractors of their ob li gations pursuant to the following numbered provisions of thi s Exhibit: 1, 2 , 3, 4 , 5, 6, 7 , 8 , 10, 11, 12, 13 , 14, 17, 19 , 20 , 24 , and 31 or other numbered provisions herein that deemed applicable. 6. Income Restrictions Unless otherwise stipulated in this Agreement, the Contractor agrees that any refunds , rebates , credits , or other amounts (includ ing any in terest thereon) accruing to or received by the Contractor under this Agreement shall be paid by the Contractor to CDPH, to the extent that they are properly allocable to costs for wh ich the Contractor has been reimbursed by CDPH under this Agreement. 7 . Audit and Record Retention (App licab le to agreements in exc ess of $10 ,000 .) a. T he Contractor and/or Subcontractor shall maintain books, records, documents , and other evid ence, accounting procedures and practices, sufficient to properly reflect all d irect and indirect costs of whatever nature c laim ed to have been incurred in the performance of this Agreement , including any matchi ng c osts and expenses. T he foregoing constitu tes "records" for the purpose of this provision. b, The Contractor's and/or subcontractor's facility or office or such part thereof as may be engaged in the performance of this Agreement and his /her records shall be subj ect at all reasonable times to inspection , audit , and reproduction. c. Contractor agrees that CDPH , the Department of General Services , the Bureau of State Audits , or the ir des ignated representatives including the Comptroller General of the United States sha ll have the r ight to review and to copy any re cords and supporting documentation pertaining to the perfo rman ce of this Adapled fro m CDPH Exh ibit D (F) (1 0/1 4) Page 8 of 25 Ma rc h 20 17 California Department of Public Health T uberculosis Control Branch Agreement. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonabl y have information related to such records. Further, the Contractor agrees to include a similar right of the State to aud it records and interview staff In any sub contra ct related to performance of this Agreement. (GC 8546.7 , CCR Title 2 , Section 1896). d. The Contractor and /or Subcontractor shall preserve and make available his/her records {1) for a period of three years from the date of final payment under this Agreement, and (2) for such lon ger period , if any, as is required by applicable statute, by any other provision of this Agreement, or by subparagraphs (1) or (2) below. (1) If this Agreement is complete ly or partially terminated , the reco rds relating to the work terminated shall be preserved and made available for a period of three yea rs from the date of any res ulting final settlement. (2) If any litigation , claim , negotiation , audit , or othe r action involving the records has been started before the expiration of the three-year period , the records shall be retained unt il completion of the action and resolution of all issues which arise from it, or until the end of the re gular three-year period , whichever is late r. e . The Contractor and/or Subcontractor shall comp ly with the above requ ire me nts and be aware of the penalties fo r v iolations of fraud and for obstruction of investigation as set forth in Public Contract Code § 10115.1 o, if applicable. f _ The Contractor and/or Subcontractor may, at its d iscretion , following re ce ipt of final payment under this Agreement, reduce its accounts, books and records related to th is Agreement to m ic rofilm, computer disk , CD ROM, or other data storage medium. Upon request by an authorized repres e ntative to inspect , aud it or obtain copies of said records , the Contractor and/or Subcontractor must supply or ma ke available applicab le devices , hardware, and/or software necessary to view, copy and/or p rint said records. Applicable devices may include , but are not limite d to, microfilm readers and microfilm prin ters , etc. g . The Contractor sha ll , if applicable, comply with the Single Audit Act and the audit report ing re qu i rements set forth in OMB Circular A -133. 8. Site Inspection T he Sta te , through any authorized representatives , has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder including subco ntra ct su pported a ctivities and the premises in which it is being performed. If any inspection or evaluation is made of the premises of the Contractor or Subcontractor, the Contractor shall provide and shall req uire Su bcontractors to provide all reasonable facilities and assistance for the safety and convenience of the authorized representatives in the performance of their duties . All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. 9. Federal Contract Funds (App li cable only to that portion of an agreement funded in part or whole with fede ra l funds.) a . It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional appropriation of funds , for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreem en t we re e xecuted after that determination was made. b . This agreement is valid and enforceable only if sufficient funds are m ade ava il able to the State by the Un ited States Government for the fiscal years covered by the term of this Agreement. In addition, th is Agreement is subject to any additional restrictions, limitations, or conditions en acted by the Congress or any statute enacted by the Congress which may affect the provisions , term s or fund ing of this Agreement In any manner. c. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program , th is Agreement shall be amended to reflect any reduct ion in funds. Adapted fro m CDPH Exhibit D (F) (1 0/14 ) Page 9 of 25 March 201 7 California Depa rtmont of Public Health Tuberculosis Control Branch d. CDPH has the option to inva lidate or cance l the Agreement with 30~days advance written notice or to amend the Agreement to reflect any re duct ion in funds . 10. Intellectual Property Rights a. Ownershi p (1) Except where CDPH has agreed in a signed writing to accept a license , CDPH shall be and remain, without additiona l compensa tion , the sole owner of any and all rights , title and interest in all Intell ectual Property , from the moment of crea ti on , whether or not jo intly conce ived , that are made , conceived, derived from, or reduced to practice by Contractor or CDPH and which resu lt directly or indirectly from this Agreement (2 ) For the purposes of this Agreement, Intellectua l Property means recognized protectable rights and interest such as : patents, (whether or not is sued) copyrights , trad emarks , service marks, applications for any of the foregoing , inventions , trade sec rets , trade dress, logos , insignia , co lor combinations , slogans , moral rights, right of public ity, author's rights , contract and licensing rights , works , mask works , industrial des ign rights , rights of priority, know how, design flows , methodolog ies , devices , business processes , developments , innovations, good will and all oth er legal rights protecti ng intang ible proprietary information as may exist now and/or here after come into existence , and all renewa ls and extensions , regard le ss of whether those rights arise under the laws of the United States, or any other state, country or jurisdiction. (a) For the purposes of the definition of Intellectual Propert y, "wo rks " means all lite rary works , writings and printed matter including the medium by which they are recorded or rep roduced , photographs , art work , picto ri al and graphic representations and works of a sim ilar nature , fi lm, motion pictures , digital im ages, animation ce lls , and other audiovisual works including positives and negatives thereof , sound recordings , tapes , educational materials , Interactive videos and any other materials o r products created, produced , conceptualized and fixed in a tangible med ium of e xpression. It includes preliminary and final products and any materials and info rmation developed for the purposes of producing those final products. Works does not include articles subm itted to peer rev iew or reference journals or independent research projects. (3) In the performance of this Agreement, Contractor wi ll exercise and ut ilize certain of its Intellectual Property in existence prior to the effective date of th is Agreement. In add ition , un der t his Agreement, Contractor ma.y access and utilize certa in of CDPH's Inte ll ectua l Property in existence pr io r to the effective date of this Agreement . Except as otherwise set forth he rein, Contractor sha ll not use any of CDPH's Intellectual Property now existing or hereafter existing for any purposes without the prior wr itten permission of CDPH . Except as otherwise set forth herein, neither the Contractor nor COPH shall give any ownership interest in or rights to Its Intellectual Property to the other Party. If during the term of this Agreement , Contractor accesses any third-party Intellectua l Property that is license d to CDPH, Contractor agrees to abide by all lic ense and confidentiality restrict ions applicable to CDPH in the third·party 's licen se ag reement. {4) Contractor agrees to coope rate with CDP H in establishing or maintaining CDPH's exclusive rights in the Intellectual Property, and in assuring CDPH 's sole rights against th ird parties with respect to th e Intellectua l Property. If th e Contractor enters into any agreements or subcontracts with other partie s in order to perform this Agreement , Contractor shall require the terms of the Agreement (s) to include all Intell ectual Property provis ions. Such terms must include , but are not limited to , the subcontractor assigning and agreeing to assign to CDP H a ll right s, titl e and interest in In tell ectual Property made, conceived , derived from, o r reduced to practice by the subcont ractor , Contractor or CDPH and which re sult d ire ctly or indirectly from this Agreement or any subcontract. (5) Contractor further agrees to assist and cooperate with CDPH in all reasonable respects , and execute all documents and, subject to reasonable availability, give testim ony and take all further acts reasonably necessary to acquire , transfer, maintain , and enforce CDPH 's Intellectual Property r ig hts and interests. b. Retained Rights I License Rights Adapted from CDPH Exhibit 0 (F) (10/14) Paga 10 of 25 March 2017 Callfomla Department of Public Health Tuberculosis Control Branch {1) Except fo r Intellectual Property made , conceived , derived from , or reduced to practice by Contractor or CDPH and which result directly or indirectly from this Agreement, Contractor shall retain title to all of its Intellectual Property to the extent such Intellectual Property is in existence prior to the effective date of this Agreement. Contractor hereby grants to CDPH , without additional compensation, a permanent, non~exclusive , royalty free , paid-up, worldwide, irrevocab le, perpetua l, non-terminable license to use, reproduce , manufacture , sell , offer to se ll , import, export, modify, publicly and privately display/perform , distribute, and dispose Contractor's Intellectual Property with the right to sublicense through multiple layers , for any purpose whatsoever, to the extent it is incorp o rated in the In tellectua l Property resulting from this Agreement, unless Contractor ass ig ns all r igh ts , title and interest in the Intellectual Property as set forth herein. (2) Nothing ih this provision shall restrict, limit , or othe!Wise pre vent Contractor f rom us ing any ideas , concepts , know-how, methodology or techniques related to its performance under t his Agreement, provided that Contractor's use does not infringe the patent , copyright, trademark rights, license or other I ntellectual Property rights of CDP H or third party, or res ult in a breach or default of any provisions of this Exhibit or result in a breach of any provisions of law relating to confidentiality. c. Copyright (1) Contractor agrees that for purposes of copyright law, all works [as defined in Paragraph a , subparagraph (2)(a) of this provision] of authorship made by or on beha lf of Contractor in connection with Contractor's performance of this Agreement shall be deemed ·works made for hire". Contractor further agrees that the work of each person utilized by Contractor in connection with the performance of this Agreement will be a ·work made for hire,'' whether that person is an employee of Contractor or that person has ente red into an agreement with Contractor to perform the work . Contractor shall enter into a written agreement with any such pe rson that: (i) a ll work performed for Con tractor shall be deemed a "work made for hire" under the Copyright Act and (i i) tha t person sha ll assign all right, title, and interest to CDPH to any work product made, conceived , derived from, or reduced to practice by Cont ractor or CDPH and which resu lt directly or indirectly from th is Ag reement. (2) All materials, including, but not limited to , visual works or text , reproduced or distributed pursuant to this Agreement that include Intellectual Property made , conceived, derived from , or reduced to practice by Contractor or CDPH and which result directly or in directly from this Agreement, shall include CDPH's notice of copyright , which shall read in 3mm or larger typeface: "© [Enter Current Year e.g ., 2007, etc.], Department of Public Health. This material may not be reproduced or disseminated without prior written permission from the Department of Public Hea lth .'' This notice should be placed prominently on the materials and set apart from other matter on the page where it appears. Audio productions shall contain a similar audio notice of copyright d. Patent Rights With respect to inventions made by Contractor in the performance of th is Ag reement, which d id not result from research and development specifically included in the Agreement's scope of work , Contractor hereby grants to CDPH a license as described under Section b of this p rovis ion for devices or material incorporating, or made through th e use of such inventions . If such inven t io ns result from res earch and deve lopment work specifically included within the Agreement's scope of work, then Contractor agrees to assign to CDPH , without additional compensation, all its ri ght , title and interest in and to such in ventions and to assist CDPH in securing United States and foreign patents wi th respect th ereto . e . Third -Party Intellectual Property Except as provided herein, Contractor agrees that its perfo rmance of th is Agreement shall not be dependent upon or include any Inte lle ctual Property of Contractor or third party without first: (i) obtaining CD PH 's prio r written approval ; and (ii) granting to or obtaining for CDPH , without additiona l compensation , a license, as described in Sect ion b of th is provision, for any of Contractor's o r third-party's Intellectual Property in existence prior to the effective date of this Agreement If such a license upon the these terms is unattainable, and CDPH determines that the Intellectual Property should be included in or is required for Contractor's performance of this Agreement, Contracto r shall obtai n a license under terms acceptable to CDPH. f. Warranties Adapted from CDPH Exhibit D (F) (10/14) Page 11 of 25 Ma rch 2017 California Department of Public Health Tuberculosis Control Branch {1) Contractor represents and warrants that: {a) It is free to enter into and fully perform this Agreement. {b) It has secured and will secure all rig hts and licenses necessa ry for its performance of this Agre ement. (c) Neither Contractor's performance of this Agreement, nor the exercise by either Party of the r ights granted in this Agreement , nor any use, reproduction, manufacture , sale, offer to sell , im port , export, modification, pub lic and private display/performa nce, distribution , and disposition of the Intellectual Property made , conceived , derived from 1 or re duced to p ractice by Contractor or CDPH and which result directly or indirectly from this Agreement wi ll infringe upon or violate any Intellectual Property right, non -disclosure obligation, o r other proprietary right or interest of any third-party or entity now existing under the laws of, or hereafter existing or issued by, any state , the United States , or any foreign country. There is currently no actual or threatened claim by an y such third party based on an alleged violation of any such right by Contractor. (d) Neither Contractor's performance nor any part of its performance will vio late the r ight of privacy of, or constitute a libel or s lander against any person or entity. (e) It has secured and wi ll secure all rights and licenses necessary for In te ll ectual Property includin g, but not limited to, consents , waivers or releases from all authors of music or performances used, and talent (radio , television and motion picture ta lent), owners of any in terest in and to rea l estate, sites, locations, property or props that may be used or shown. (f) It has not granted and shall not grant to any person o r entity any right t hat would or might derogate, encumber, or interfere with any of the rights granted to CDPH in this Agreement. (g) It has appropriate systems and controls in place to ensure t hat state fund s will not be used in the performance of this Agreement for the acquisition , operation or ma intenance of computer software in vio lation of copyright laws . (h) It has no know ledge of any ou ts tanding claims, licenses or other charges , lie ns , or encumbrances of any kind or nature whatsoever that could affect in any w ay Contractor's performance of this Agreement. (2) CDPH MAKES NO WARRANTY THAT THE INTELLECT UAL PROPERTY RESULTING FROM THIS AGREEMENT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR THE LIKE, NOW EXISTIN G OR SUBSEQUENTLY ISSUED . g . Intellectual Property Indemnity (1) Contractor shall indemnify, defend and hold harmless CDPH a nd it s licensees and assignees , and its offi cers, directors, employees , agents , represen tatives, successors, and users of its products , ("l ndemnitees") from and against all c laims, actions, damages, losses , liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third party or expenses re lated thereto (includ in g , but not limited to, all legal expenses, court costs, and attorney's fees incurred in investigating , preparing , serving as a witness in, or defending against. any such claim, action, or proceeding , commenced or threatened) to Which any of the lndemnitees may be subject , whether or not Contractor is a party to any pend ing or threatened litigation, which arise out of or are related to (i) the incorre ctness or breach of any of the representat ions , warranties, covenants or agreements of Contractor pertaining to Intellectual Property; or (i i) any In tellectual Property infring eme nt, or any other type of actual or alleged infringement c laim , arising out of CDPH's use, reprodu ction, manufacture, sale , offer to sell , distribution , import, export, modification, public and private p erformance/display, license , and dispos ition of the Intellectual Pr operty made , conceived , derived from , or reduced to practice by Contractor or CDPH and which result directly or ind irectly from this Agreement. T his indemn ity obligation sha ll app ly irrespective of whether the infringement c laim is based on a patent, trademark or copyright regist ration that issued after the effective date of this Agreement. CDPH reserves th e rig ht to participate in and/or control, at Contractor's expense, any such infringement action brought against CDPH . Adapted fro m CDPH Exhibit D (F) (10/14) Page 12 of 25 March 2017 California Department of Public Health Tuberculosis Control Branch (2) Should any In tellectua l Property licensed by the Cont ractor to CDPH under th is Agreement become the subject of an Intellectual Property infringement claim, Contractor will exercise its authority reasonably and in good faith to preserve CDPH's right to use the licensed Intellectual Property in accordance with this Agreement at no expense to CD PH . CDPH shall have the right to monitor and appear through its own counsel (at Contractor's expense) in any such claim or action . I n the defense or settlement of the claim , Contractor may obtain the ri ght for CDPH to continue using the licensed Intellectual Property; or, replace or modify the licensed Intellectual Property so that the replaced or mod ified Intellectual Property becom es non-infringing provided that such rep la cement or modification is functionally equivalent to the original licensed Intellectual Property. If such remedies are not reasonably availabl e , CD PH sha ll be entit led to a refund of all monies paid under this Agreement , without restriction or limitation of an y ot her ri ghts and remedies availab le at law or in equity. (3) Contractor agrees that damages a lone would be inadequ ate to compensate CDPH for breach of any term of this Inte ll ectua l Property Exhibit by Contractor. Contractor acknowledges CDPH wou ld suffer irreparable ha rm in the event of such breach and agrees CDPH shall be entitled to obtain equitable relief, including withou t limitation an injunction , from a court of competent jurisdiction, without restriction or limitation of any other rights and remedies available at law or in equity. h. Federal Funding I n any agreement funded in whole or in part by the federal government , CDPH may acquire and maintain the Intell ectual Property rights, tit le , and ownership , which resu lts directly or ind irectly from the Agreement; except as provided in 37 Code of Federal Regulations part 401. 14 ; however , the federal government shall have a non-exclusive , nontransferable, irrevoc able , paid-up licens e thro ughout the world to use, duplicate, or dispose of such Intellectua l Property throughout the world in any manner for governmenta l pu rposes and to have and permit othe rs to do so . i. Survival The provisions set forth herein shall survive any termination or expiration of this Agreement or any project schedule . 11 , Air or Water Pollution Requirements Any federally funded agreem ent and/or subcontract in excess of $100,000 must comply with the following provisions unless said agreement is exempt under 40 CFR 15.5. a. Government con t ractors agree to comply with all applicab le standards , orders, or requirements issued under section 306 of the Clean Air Act [42 U.S.C. 1857(h)], section 508 of th e Clean Water Act (33 U.S.C. 1368), Executive Ord er 11738, and Environmental Protection Age ncy regulations (40 CFR part 15). b. Institutions of higher education , hospitals , nonp rofit organization s and commercial businesses agree to comply with all app licab le standard s, ord e rs, or requirements issued under the Clean Air Act (42 U.S.C. 7401 et seq.), as amended, and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as am en ded. 12. Prior Approval of Training Seminars, Workshops o r Conferences Contractor sha ll obtain p ri or CDP H appro va l of the loc ation , costs, dates, agenda , instructors, instructional materia ls, and attendees at any reimbursable training seminar, workshop , or conference conducted pursuant to this Agreement and of any reimbursab le publ icity or educational materials to be made available for distribution. The Contractor shall acknowledge the support of the State whenever publicizing the work under this Agreement in any media . This provision does not apply to necessary staff meetings or training sessions held for the staff of the Co nt ractor or Subcontra ctor to conduct routine business matters. 13 . Confidentiality of Inf ormation a. T he Contractor and its employees , agents , or subcontra ctors shall protect from unauthorized disclosure names and other identifying inform ation concerning persons either receiving services pursuant to this Agreement or persons whose names or identifying info rmation become available or are disclosed to the Adapted from CDPH Exhibit 0 (F) (10114) Page 13 of 25 March 2017 Californ ia Department of Public Health Tuberc ulosis Control Branch Contractor, its employees , agents, or subcontractors as a result of services performed under this Agreement, except for statistical information not identifying any su ch person. b. The Contractor and its employees, agents , or subcontractors shall not use such identifying information for any purpose other than carrying out the Contractor's obligations under this Agreement. c. The Contractor and its employees, agents , or subcontractors shall promptly transmit to the CDPH Program Contract Manager all requests for disclosure of such identifying information not emanating from the client or person . d. The Contractor shall not disclose, except as otherwise specifically perm itted by this Ag reement or authorized by the client, any such identifying in formation to anyone other than CDPH w ithout prior written authorization from the CDPH Program Contract Manager, except if disclosure is requ i red by State or Federal law. e. For purposes of this provision , ident ity shall include , but not be lim ited to name , identifying number, symbol , or other identifying particu lar assigned to the ind ividual , such as finger or voice print or a photograph. f . As deemed applicable by CDPH, this provision may be supplemented by additional t erms and conditions covering personal health information (PH I) or persona l, sensitive, and/or confident ia l information (PSCI). Said terms and conditions will be outlined in one or more exh ibits that will either be attached to th is Agreement or incorporated into this Agreement by reference. 14. Documents, Publications and Written Reports (Applicab le to agreements over $5 ,000 under which publications , written reports and documents are deve loped or produced. Government Code Section 7550.) Any document, publication or written report (excluding progress reports , financial reports and normal contractual communications) prepared as a requirement of this Agreement shall contai n, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts or agreements and subcontracts relating to the preparation of such document or report, if the total cost for work by nonemployees of the State exceeds $5,000. 15. Dispute Resolution Process a. A Contractor grievance exists whenever there is a dispute ans1ng from CDPH's action in the administration of an agreement. If there is a dispute or grievance between the Contractor and CDPH, the Contractor must seek resolution using the procedure outlined below. (1) The Contractor shou ld first in f ormally discuss the problem with the CDPH Program Con tract Manager. If the problem cannot be resolved informally, the Contractor shall dire ct its grievance together with any eviden c e, in w ritin g, to the program Bran c h Ch ief. The grievance sha ll state the issues in dispute, the legal au th ority or other basis for the Contracto r's position and the remedy sought. The Branch Chief shall render a decision within ten (1 0) working days after rece ipt of the written grievance from the Contractor. The Branch Chief shall respond i n writing to the Contractor indicating the decision and reasons therefore . If the Contractor disag rees with th e Branch Chief's decis ion, the Contractor may appeal to the second level. (2) When appealing to th e secon d level , the Contractor must prepare an appeal indicating the reasons for disagreement with Branch Chief's decision . The Contractor shall inc lude with the appea l a copy of the Contractor's origina l statement of dispute along with any supporti ng evidence and a copy of the Bran ch Chief's decision. The appeal shall be addressed to the Deputy Director of the division in wh ich the branch is organized within ten (1 0) working days from receipt of the Branch Chief's decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet w ith the Contrac tor to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be d irected to the Contractor w ithin twenty (20) wo rk ing days of rece ipt of the Co ntractor's s econd level appeal. Ad apt ed fr om CDP H Exhibit D (F) (10/14) Page 14 of 25 Ma rch 2017 California Department of Public Healt h Tube rc ulosis Control Branch b. If the Contractor wishes to appeal the decision of the Deputy Director of the divis ion in which the branch is organized or his/her designee, the Contractor shall follow the procedures set forth in Division 25 .1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Sect ion 1140) of the California Code of Regu lations). c. Disputes arising out of an audit , examination of an agreement or other action not covered by subdivision (a) of Section 20204 , of Chapter 2. 1, Title 22 , of the Ca lifornia Code of Regulations, and for which no procedures for appeal are provided in statute , regu lation or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 t hrough 51047 , T itle 22 , Californ ia Code of Regulations. d. Unless otherwise stipulated In writing by CDPH , all dispute, grievance and/or appeal correspondence shall be directed to the CDP H Program Contract Manager. e. There are organizational differences within CDPH 's funding programs and the management levels ide ntified In this dispute reso lution provision may not app ly In every contractual situation . When a grievance is received and organiz ationa l differences exist, the Contractor shall be not ified in writing by the CDPH Program Contract Manager of the level , name , and/or title of the appropriate management officia l that is responsible for issu ing a decision at a given level. 16 . Fi nanc i al and Complian ce Au dit Requirem ents a. The definitions used in this provision are contained in Section 38040 of the Health and Safety Code , which by this reference is made a part hereof. b. Direct service contract means a contract or agreement for serv ices contained in local assistance or subvention prog rams or both (see Hea lth and Safety [H&S] Code section 38020). Direct service contracts shall not include contracts , agreements, grants, or subventions to other governmental agencies or units of government nor contracts or agreements with regional centers or area agencies on aging (H&S Code section 38030). c. The Contractor , as indicated be low, agrees to obtain one of the following audits: (1) If the Contractor is a nonprofit organization (as defined in H&S Code section 38040) and receives $25 .000 or more from any State agency under a direct service contract or agreement ; the Contractor agrees to obtain an annua l sing le , organization wide, financ ial and compl iance audit. Sa id aud it shall be conducted according to Genera ll y Accepted Auditing Standa rds. Th is aud it does not fulfi ll the audit requirements of Paragraph c(3) be low . The audit shall be completed by the 15th day of the fifth month fo ll owing the end of the Contractor's fiscal year, a nd/o r (2) If the Contractor is a nonQrofit organization (as defined in H&S Code section 38040) and receives les s t h an $25 ,000 per year from any State agency under a direct service contract or agreement, the Contractor agrees to obtain a biennia l sing le , organization wide financial and compl iance audit , unless there is evidence of fraud or other vio lation of state law in conn e ct ion with this Agreement. Th is audit does not fu lfill the audit requirements of Paragraph c(3) below. The audit shall be completed by the 15th day of the fifth month fo ll owing the end of the Contractor's fiscal yea r, an d/or (3) If the Contractor is a State or Local Government entity or Nonprofit organization (as defined by the Federa l Office of Management and Budget [OMB] Circu lar A-133) and expen ds $500 ,000 or more in Federa l awards, the Contractor agrees to obtain an annua l sing le, organization wide , financia l and compliance audit according to the requirements specified in OMB Circular A-133 entitled "Audits of States , Local Governments , and Non-Profit Organizations". An aud it conducted pursuant to this provision will fu lfill the audit requirements outlined in Paragraphs c(1) and c(2) above. The audit shall be comp leted by the end of the ninth month following the end of the audit pe ri od. The requirements of this provision apply if : (a) The Contractor is a recipient expending Federa l awards received directly from Federal awarding agencies, or Adapted fr om CDP H Ex hibit D (F) (10/14) Page 15 o f 25 March 2017 California Department of Public Health Tubercu losis Contro l Branch (b) The Contractor is a subrecipient exp ending Federal awards received from a pass-through ent ity such as the State , County or community based organization. (4 ) If the Contractor subm its to CDPH a re port of an audit other than an OMS A-133 aud it, the Contractor must also submit a certification indic ating the Contractor has not expended $500 ,000 or more in federal funds for the year covered by the audit report. d. Two copies of the audit report shall be delivered to the CDPH program funding this Agreemen t. The audi t report must identify the Contractor's legal name and the number assigned to t hi s Agreement. The audit report shall be due within 30 days after the completion of the audit. Up on re ceipt of said audit report , the CDPH Program Contract Manager shall forward the audit report to CDPH 's Aud its and Investigations Unit if the audit report was submitted under Section 16.c(3), unless the audit report is from a C ity, County, or Special Dist rict within the State of Californ ia whereby the report will be retained by t he funding program. e. The cost of the audits described herein may be included in the fund ing for this Agreement up to the proportionate amount this Agreement represents of the Contractor's total revenue. The CDPH program funding this Agreement must provid e advance written approval of the specific amount allowed for said audit expenses. f. The State or its authorized designee , including the Bureau of State Audits , is responsible for conducti ng agreement performance aud its which are not financial and compliance aud it s. Performance audits are defined by Generally Accepted Government Auditing Standards. g. Noth ing in this Agreement limits the State 's responsibility or author ity to enforce State law or regulations , procedures , or reporting requirem e nts ari sing thereto. h. Nothing In this provision lim its the authority of the State to make aud it s of this Agreement , provided however, that if independent audits arrang ed for by the Contractor meet Generally Accepted Governmental Aud it ing Standards, the State shall rely on those aud its and any additional audit work and sha ll build upon the work already done , i. The State may, at its option, direct its own auditors to perform either of the aud its described above. The Contractor will be given advance written notification , if the State chooses to exercise its opt ion to perform said audits. j . Th e Contractor shall include a clause in any agreement the Contractor enters into w ith the audit firm doing the single organization wide aud it to provi de access by the State or Federa l Government to the working papers of the independent auditor who prepares the single organization wide audit for the Contractor. k. Federal or state auditors shall have "expanded scope auditing" authority to conduct specific program audits during the same period in which a single organization wide audit is be ing performed, but the aud it report has not been issued . The federal or state auditors shall revi ew and have access to the current aud it work being conducted and will not apply any testing or review procedures which have not been satisfied by previous audit work that has been completed . The term "expanded scope audit ing" is applied and defined in the U.S. General Accounting Offic e (GAO) issued Standards for Audit of Govemment Organizations, Programs, A ctivities and Fun c tions , bette r known as the "yellow boo k''. 17. Human Subjects Use Requirements (App li cable on ly to federally funded agreements/grants in which perfo rmance, directly or through a subcontracVsubaward , includes any tests or exam ination of materials derived from the human body.) By signing this Agreement , Contractor ag re es that if any performance unde r this Agreement or an y subcontract or subagreement include s any tests or examination of materia ls derived from the human body for the purpose of providing information , diagnos is, prevention , treatment or assessmen t of disease, impairment , or health of a human being , all locations at which such examinations are performed shall meet the requirements of 42 U.S.C , Section 263a (C LIA ) and the regulatio ns th ereunder. Adapted from CDPH Exhibit D (F) (10/1 4) Page 16 of 25 March 2017 Californ ia Department of Public Health Tuberculosis Control Branch 18. Novation Requirements If the Contractor proposes any novation agreement, CD PH sha ll act upon th e proposa l within 60 days after receipt of the written proposal. CDPH may review and consider the proposa l , consult and negotiate with the Contractor, and accept or reject all or part of th e proposal. Acceptance or rejection of the proposal may be made orally within the 60~day period and confirmed in writing within five days of said decision. Upon written acce ptance of the proposal , CDPH will initiate an amendment to this Agreement to formally implement the approved proposal. 19. Debarment and Suspension Certification (Applicab le to all agreements funded in part or who le with federal funds.) a. By signing this Agreement, the Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations including, but not limited to 7 CFR Part 3017 , 45 CFR 76, 40 CFR 32 or 34 CFR 85. b. By signing this Agreement, the Cont ractor certifies to the best of its knowledge and belief, tha t it and its principals: (1) Are not presently debarred , suspended , proposed for debarment, declared ineligible, or vo lunta rily excluded by any federal department or agency ; (2) Have not within a three-year period preceding this application /proposal/agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in con nection with obtain ing , attempting to obtain, or perform ing a publ ic (Federa l, State or local) transaction or contract under a public transaction: vio lation of Fede ral or State ant itrust statutes or commission of embezz lement, theft , forgery, bribery, fa lsificat ion or destruction of records, making false state ments, or receiving stolen property ; (3) Are not presently indicted fo r or otherwise crimina lly or civilly charged by a governmental entity (F ederal , State or loca l) with commission of any of the offenses enu merated in Paragraph b(2) herein; and (4) Have not within a three-year period prece ding this application /proposal/agreement had one or more public transactions (Federal, State or local) terminated for cause or defau lt. (5) Shall not knowingly enter into any lowe r tier covered transaction with a person who is proposed for debarment under federa l regulations (i.e ., 48 CFR part 9, subpart 9.4), debarred , suspended, declared Ine ligible , or voluntari ly excluded from participation in such transa ction, unless authorized by the State. (6) Will inc lude a clause entitled, "Debarment and Suspension Certif ication" that essentiall y sets forth the provisions herein , in all lower tier covered transactions and in all solicitat ions for lower tier covered transactions. c. If the Contractor is unable to certify to an y of the statements in this certification , the Contractor shall submit an explanation to the CDPH Program Contract Manager. d . The terms and definitions herein have the meanings set out in the Definitions and Coverage sections of the rules imp lementing Federa l Executive Order 12549. e. If the Contractor knowingly vio lates this certification , in addition to other remedies available to the Federal Government, the CDP H may terminate this Agreement for cause or defau lt. 20. Smoke-Free Workplace Certification (Applicable to federally funded agreements/grants and subcontracts/subawards , that provide health, day care, ear ly chi ldhood development services , education or library services to ch ild ren under 18 dire ctly or through local governmen ts.) a. Public Law 1 03 ~227, also known as the Pro-Children Act of 1994 (Act), re quires tha t smoking not be Adapted fro rn CDPH Exhibit D (F) (10/14) Page 17 of 25 March 2017 California Department of Public Health Tuberculosis Control Branch permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used rout inely or regularly tor the provision of health, day care , early childhood development services, education or library services to chi ld ren under the age of 18, if the services are funded by federal programs either directly or through state or local governments , by federa l grant, contract, loan , or loan guarantee. The law also applies to children 's services that are provi ded in indoor facil ities that are constru cted , operated, or maintained with such federal funds. The law does not apply to chi ldren 's services provided in private residences ; portions of facil ities used for inpatient drug or a lcoho l treatment; service providers whose so le source of applicable federal funds is Medicare or Medicaid ; or fa cilities where W IC co upons are redeemed . b . Fai lure to comply with the provisions of the la w may result in the impositio n of a civil moneta ry penalty of up to $1,000 for each vio lation and/or the imposition of an administrative compliance order on the responsib le party. c. By sign in g this Agreement, Contractor or Grantee certifies that it will comply with t he requirements of the Act and wi ll not allow smok ing within any portion of any indoor fac ility used for the p rovision of services for children as defined by the Act. The prohibitions herein are effective December 26, 1994. d . Contractor or Grantee further agrees that it will insert this certification into any subawards (subcontracts or subgrants) entered into that provide for chi ldren's services as described in the Act. 21 . Covenant Against Contingent Fees (App lica ble on ly to federally funded agreements .) The Contractor warrants that no person or se lling agency has been employed or retained to so lic it/secure th is Agreement upon an agreement of understanding for a commission, percentage , brokerage, o r conti ngent fee, except bona fide employees or bona fide established commercial or selling agencies reta ined by t he Contractor for the purpose of securing business . For breach or vio la tion of th is warranty, CDPH shall have the right to annul this Agreement without liabi lity or in its discretion to deduct from the Agreement price o r co nsideration , or otherwise recover , the fu ll amount of such commission, percentage, and brokerage or contingent fee. 22. Payment Withholds (Applicable only if a fina l report is required by this Agreement. Not applicable to government entities.) Unless wa ived or otherwise stipulated in th is Agreement, CDPH may, at its discretion , w ithhold 10 percent (1 0%) of the face amount of the Agreement, 50 percent (50%) of the f ina l invoice, or $3 ,000 wh ichever is greater, until CDPH receives a final report that meets the term s , cond it ions and/or scope of work re quirements of this Agreement. 23. Performance Evaluation (Not applicable to grant agreements.) CDPH may, at its discretion , evaluate the performance of the Contractor at the conclus ion of this Agreement. If performance is evaluated , the eva luation shall not be a public record and shall remain on file with CDPH. Negative performance evaluations may be considered by CDPH prior to making future contract awards . 24. Officials Not to Benefit No members of or delegate of Congress or the State Legislature shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom . This provision shall not be construed to extend to this Agreement if made with a corporation for its general benefits. 25. Four-Digit Date Compliance (Applicab le to agreements in which Information Technology (IT) services are prov ided to CDPH or if IT equipment is procured.) Adapted from CDPH Exhibit D (F) (10/14) Page 18 of 25 Ma rch 2017 California Department of Public Health Tube rcu losis Control Branch Contractor warrants that it wi ll provide only Four-Digit Date Compliant (as defined below) Deliverables and/or services to the State . "Four Dig it Date compliant" Deliverables and servi ces can accurately process , calculate , compare , and sequence date data, including without limitation date data arising out of or relating to leap years and changes in centuries. This warranty and representation is subject to the warranty terms and conditions of th is Contract and does not lim it the generality of w arranty obligations set forth elsewhere herein. 26. Prohibited Use of State Funds for Software (Applicable to agreements in which computer software is used in performance of th e work.) Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition , operation or ma intenance of computer software in violation of copyright laws. 27. Use of Small, Minority Owned and Women's Businesses (Applicab le to that portion of an agreement that is federally funded and entered into with institutions of higher education , hospitals , nonprofit organizations or commercial businesses.) Positi ve efforts shall be made to use small businesses , minority-owned f irms and women 's business enterpr ises , whenever possible (i.e., procurement of goods and /or services). Contractors shall take all of the following steps to further this goal. (1) Ensure that small businesses , m inority-owned firms , and women's b usiness enterprises a re used to the fullest extent practicable. (2) Make information on forthcom ing purchas in g and contracting opportunities available and arrange time frames for purchases and cont rac ts to encourage and faci litate participation by small businesses, minority- owned firms, and women's business enterprises. (3) Consider in the contract process whether firms competing for larger contracts intend to subcontract with small businesses , minority-owned firms, and women 's business enterprises. (4) Encourage contracting with consortiums of small bus inesses , minority-owned firms a nd women's business enterprises when a contract is too large for one of these firms to handle individually. (5) Use the services and assistance , as appropriate , of such organizations as the Federal Small Busin ess Administration and the U .S . Department of Commerce's Minority Bus in ess Devel opment Agency in the solicitation and uti lization of small businesses , m i nority~owned f irms and women's bus in ess enterprises. 28. Alien Inelig ibility Certification (Appl icable to sole proprietors entering federally funded agreements.) By signing this Agreement, the Contractor certifies that he/she is not an alien that is ineligi ble for state and local benefits, as defined in Subtitle B of the Personal Responsib ili ty and Work Opportunity Act. (8 U.S.C. 1601 , et seq .) 29. Union O rgan izing (Applicable only to grant agreements.) Grantee, by sign ing this Agreement, hereby acknowledges the applicability of Government Code Sections 16645 through 16649 to th is Agreement. Furthermore , Grantee, by signing th is Agreement , hereby certifies that: a. No state funds disbursed by this grant wi ll be used to assist, promote or deter union organizin g. b. Grantee shall account for state fund s disbursed for a specific expenditure by this grant, to show those funds were allocated to that expenditure. Adapted from COP H Exh i bit D (F) (10/14) Page 19 of 25 March 2017 California Department of Public Health Tuberculosis Control Branch c . Grantee shall , where state funds are not des ignated as described in b herein, allocate , on a pro -rata basis , all disbursements that support the grant program . d. If Grantee makes expend itu res to ass ist , promote or deter union organizing , Grantee will maintain records sufficient to show that no state fu nds were used for those expenditu res , and that Grantee shall provide those records to the Attorney General upon request. 30 . Contract Uniform ity (Fringe Benefit Allowability) (App li cab le only to nonprofit organiza ti ons.) Pursuant to the provisions of Artic le 7 (commencing with Section 1 00525) of Chapter 3 of Part 1 of Division 101 of the Health and Safety Code , CDPH sets forth the following policies , procedures, and guidelin es regarding the reimbursement of fringe benefits . a. As used herein fringe benefits shall mean an employment benefit given by one's employer to an employee in add ition to one's regular or normal wages or salary. b. As used herein, fringe benefits do not include : {1) Compensation for personal services paid currently or accrued by the Contractor for services of employees rendered during the term of this Agreement , which is identified as regu lar or normal salaries and wages , annual leave, vacation , sick leave , holidays , ju ry duty and /or military leave/t raining . (2) Director's and executive committee member's fees . (3) In cen tive awa rds and /or bonus incentive pay. (4) A llowances for off-site pay. (5) Location all owances. (6) Hardship pay . (7) Cost-of-livi ng differentials c . Specific all owab le fringe benefits Include: (1) Fringe benefits in the form of employer contributions for the employer's portion of payroll taxes (i.e., FICA , SUI , SDI ), emp loyee health p lans (i.e., hea lth, dental and vis ion ), unemployment insurance, worker's compensation insurance , and the emp loyer's share of pension /retirement plans , provided they are granted in accordance with established written organization policies and meet all legal and Interna l Revenue Service requirements . d. To be an allowable fringe benefit, the cost must meet the following criteria: (1) Be necessary and reasonable for the performance of the Agreement. (2) Be determined in accordance with genera ll y accepted accounting pri nciples. (3) Be consisten t with policies that apply uniform ly to all activities of the Contractor. e. Contractor agrees that all fringe benefits shall be at actua l cost. f . Earned /Accrued Compensatio n {1) Compensatio n for vacation, sick leave and holidays is lim ited to that amount earned/accrued within the agreement term. Unused vaca tio n, sick leave and holidays earned from periods prior to the agreement term cannot be cla imed as allowable costs . See section f (3)(a) below for an example. (2) For multiple year agreements, vacation and sick leave compensation , which is earned /accrued but not pa id , due to employee(s) not tak in g time off may be carried over and cla imed within the overall term of the multiple years of the Agreement. Holidays cannot be carried over from one ag reement year to the next. See Provis ion f (3)(b) for an example . (3) For singl e year agreements, vacation, sick leave and holiday compensation tha t is earn ed /acc r ued but not paid , due to employee(s) not taking time off within the term of the Agreement, cannot be claimed as an allowable cost. See Provision f (3)(c) for an example. Adapted from CDPH Exhibit D (F) (10 /14) Page 20 of 25 March 2017 California Department of Public Health Tuberculos is Control Branch (a) Example No . 1: If an employee , John Doe , earns/accrues three weeks of vacation and twelve days of sick le ave each year , then that is th e maximum amount that may be claimed during a one ye a r agreement. If John Doe has five weeks of vacation and eighteen days of sick leave at the beginning of an agreement, the Contractor during a one-year budget period may only claim up to three week s of vacation and twe lve days of sick leave as actually used by t he employee. Amoun ts ea rn ed/accrued in periods pr ior to the beginning of the Agreement are not an all owab le cost. (b) Example No .2: If during a three-year (m ult iple year) agreemen t, Jo hn Doe does not use his three weeks of vaca ti on in year one, or his three weeks in year two , but he does actually use nine weeks in ye ar three ; the Contractor wo uld be allowed to claim all nine weeks paid for in year three. The total compensation over the three-year period cannot exceed 156 weeks (3 x 52 weeks). (c) Example No. 3: If during a single ye ar agreement , John Doe works f ifty weeks and used one week of vacation and one week of sick leave and all fifty-two weeks have been billed to CDPH , the remaining unused two weeks of vacation and seven days of sick leave may not be claimed as an allowable cost. 31. Lobbying Restrictions and Disclosure Certification (Ap pl ica bl e to federally funded agreements in excess of $100,000 per Section 1352 of the 31 , U.S.C.) a. Certificat io n and Disclosure Requirements (1) Each person (or recipient) wh o requests or receives a con tract or agreement, subcontract , grant, or subgrant , which is subject to Section 1352 of the 31 , U.S. C ., and which exceeds $100,000 at any tier, shall f ile a certification (in the form set forth in Attachment 1, consisting of one page, en t itled "Certification Regarding Lobbyi ng ") that the recipient has not made , and will not make , any payment prohibited by Pa ragraph b of this provision . (2) Each recipient shall file a disclosure (in the form set forth in Attachment 2, en titled "Standard Form - LLL 'disclosu re of Lobbying Activities "') if such recipient has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered federal action) in connection with a contract, or grant or any extension or amendment of that contract, or grant, which wou ld be prohibited under Paragraph b of this provision if pa id for with appropriated funds. (3) Each recipient shall fil e a disclosure form at the end of each calendar quarte r in wh ich the re occurs any event that requires disclosure or that mater ia lly affect the accuracy of the information conta ined in any disclosure form previously filed by such person under Pa ragraph a(2) herein. An eve nt that materially affects the accuracy of the information reported includes: (a) A c umulative increase of $25 ,000 or more in the amount paid or expected to be paid for Influ encing or attempting to influence a covered federal act io n: (b) A change in the person(s) or individuals(s) infl uencing or attempting to influence a covered federa l action ; or (c) A cha nge in the officer(s), employee(s). or member(s) contacted for the purpose of in fluencing or attempting to influence a covered federal action . (4) Each person (or recipient) who requests or receives from a person referred to in Paragraph a (1) of this provision a contract or agreement , subcontract , grant or subgrant exceeding $100 ,000 at any tier under a contract or agreement , or grant shall file a certificat ion , and a disclosure form, if required , to the next tier above. (5) A ll disclosure forms (but not certifications) shall be forwarded from tier to tier until rece ived by the person referred to in Paragraph a(1 ) of th is provision. T hat person shall forwa rd all disclosure forms to CDP H Program Contract Manager. Adapted from CDPH Exhibit D (F) (10114) Page 21 or 25 March 2017 California Department of Public Health Tuberculosis Cont rol Branch b. Prohib ition Section 1352 of Title 31 , U.S.C., provid es in part that no appropriated funds may be expended by the recipient of a federal contract or agreement , grant, loan, or cooperative agre ement to pay any person for infl uencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress , or an employee of a Member of Congress in connection w ith any of the following covered federa l actions: the award ing of any federal contract or agreement , the mak ing of any federa l grant, the making of any federal loan , entering into of any cooperative agreement , and the extension , continuation, renewal , amendment , or modification of any federal contract or ag reement, grant, loan, or cooperative agreement. 32. Additiona l Restriction s (Applicable to all contracts funded in whole or in part with funding from the federal Departments of Labor, Healt h and Human Services (i ncluding CDC funding), or Education.) Contractor shall comply with the restrictions under Division F , Title V , Section 503 of the Consolidated Appropriations Act, 2012 (H.R. 2055), wh ich provides that: "SEC . 503 .(a) No part of any appropriation contained in this Act or transfer red pursuant to sect ion 4002 of Public La w 111-148 sha ll be used , other than for normal and recognized execut iv e-legislative relationships , for publ icity or propaganda purposes , for the preparation , distribution , or use of any kit, pamphlet , book let , publication , electronic communication , radio, te levis ion , or v id eo presentation designed to support or defeat the enactment of legislation before the Congress or any State or lo ca l legislature or legislative body, except in presentation to the Congress or any State or local legislature itse lf , or designed to support or defeat any proposed or pending regulation , administrative action, or order issued by the executive branch of any State or local government, except in presentation to the execut ive branch of any State or local government itself. (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or co ntra ct recipient, or agent acting for such recipient , related to any activity designed to influence the enactment of legislation, appropriations , regulation , adm ini strative act io n, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or leg islative body, other than for normal and recognized executive-leg islative relat ionshi ps or participation by an agency or officer of a State , local or tribal government in policymaking and administrative processes within the executive branch of that government. (c) Th e prohibitions in subsections (a) and (b) shall Include any act iv ity to advocate or promote any proposed , pending or future Federal , State or local tax increas e, or any proposed , pending, or future requirement or restriction on any legal consumer product, including its sale or marketing , including but not limited to the advocacy or promotion of gun control." 33. Federa l Requirements Contractor agrees to comply with and shall require all subcontractors , if any, to comp ly with all applicable Federal requirem ents including but not lim ited to the Un ited States Code , the Code of Federal Regulations , the Funding Opportunity Announcement , the Not ice of Award, the fund ing agreement, and an y memoranda or letter regardin g the applicable Federal requirem ents. Adapted from CDP H Exhibit D (F) (101 14) Page 22 of 25 March 2017 ; Califgrnia D~partr:nenl of Pvblic; Health Tubercutosi~ 9ontrol Branch Attachment 1 . STATE OFCALIFO~NIJ\ CALIFORNIA DEPARTMI;:NT 0~ PUBLIC HEALTH CERTIFICATION REGARDING I..OBBYING The undersigned certifies, .to the best of his or her knowledge and belief, that: (1) No Federal t)pproprialed funds have been paid or will b~ p,aig, by or on behalf of the unCle~sign;ed, to ~;~ny p,erson ftlr influencing or attempting to influence an officer or employee of an .agency, Iii Member of Gorign~ss, an officer or employee of Congress, or an employee of a Me!Jiber of Cor{gress ih connecJion with the rriaktng, awarding or entering rnto of this Federal contract, Feder(;ll grant, or cooperative agreement, ar:~d the exlenslori, continuation, renewal, amendment; or modification of this Federal contract .• grant, or co6peratiV!3 agreement. (2) If any funds other than FEi.deral appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an omcer or employee of any agency of the Llnited States Government, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection wit!) tf1is Federal contract, grant, or cooperative agreement, the undersigned shall complete and submit Standard F0rm LLL. "Disclosure of Lobbying Activities" in accordance with lts. instructions .. (3) The undersigned shall require that the languag~ of this certificatrori be includf;'ld in the award documents for all . subaWejrds at all ti¢rs (including sut?c.ohtr~ct<;)rs, · subgrants,. and contracts und~r grants and cooperative agreements) of ~100,000 oi mpre~ and that all subrecii)lents sh.all certify and .disdbsl;l accordihg!y, This ce1tificat(on Is a material representation of fact upon which reliance was placed when this tra.nsaction was rn<~de or entered into. Submission of t!ils c;:ertificatlon is a prer:equi!>ite for mC!king or entering into !tJis tran·saetidn imposed by Section 1352, Title 31, U.S.C., any f)>erson Whofail$lO file·the required certification shall be subjeCt to a civil penalty of not less than $10,Go0 and nofmore than $100!000 foteach~such failure. County of Fresno Namo of Contractor 5NU52PS0004656 Contract ldentmtallon After execution by or on behalf of Contractor 1 please return to: California Department of Public Health Tubl3rculosis Control Branch 805 M~uina Bay Parkway, Bldg. P, 2r1d Floor Richmond, CA 94804~6403 Attn: Fiscal Analyst Brian Pacheco N!~rne .91 Pereq~ Signing .ici'C:ontractor Signature of l'ersorrSTgnfng for Contractor Chairma11. Soard of Supervisors Tillo ATIEST: BERNICE E. SEIDEL, Clerk Board of Supervisors By c&l\q..' ~ e ty CDPH mseM'JS the r!gt1t to notifiy tim contractor in writing of an alternate submission address. Ad~p!f.!d frorn CDPH Exhibit D (F) (10/14) Page 23 of 25 Mari:h 201'7 1. 4 . 6 . 8. 10.a. 11 . California Department or F'ublic Health TuberclJiosis Contr ol Branch Attachment 2 CERTIFICATION REGARDING LOBBYING Complete this form to disclose lobby1ng activities pursuant to 31 U.S.C. 1352 (See reverse for pub lic burden disclosure) Approved bV OM B OlA&-0048 Type of Federal Action: 2. Status of Federal Action: 3. Report Type: I l a . contract ll a . bid/offer/application [ 1 a . Initial filing b. grant b. Initial award b. material change c. cooper ative agreement c. post-award For Material Change Only: d. loan e . loan guarantee Year __ quarter __ f. loan insurance date o r last ropOJ1 __ . Name and Address ol Reporting Entity: 5 . II Reporting Entity In No. 4 Is Subawardee, Enter Name and Address of Prime: DPrime 0 Subawardee Tier _,if known: C_or)gressl onal District If known. Congressional D istrict. If known: Federal Department/Agency 7. Federal Program Name/Description; CDFA Number, if applicable: __ Federal Action Number, if known: 9 . Award Amount, If k nown : $ Name and Address of Lobbying Registrant b. Individuals Performing Se1vicas (Including address if different from (If individual, last name, first name, Ml): 10a. (Last name, First name , Ml); Information requested through this form Is authorized by title 31 Signature: U .S.C. section 1352. This disdo~ure of lobbying activities Is a material representt~tlon of f:.JCI upon whlcl1 reliance was placed by the liar Print Name: ~bove when this transaction was made or entered into. This dl$elOsure Is requ ired pursuant to 31 U.S.C. 1352. This information will be available for public inspection. required disclosure shall bo Title: subject to a not mora than S1 00,000 for each such failure. Telephone No.: Date. Federal Use Only I Authorized for Local Reproduction Standard Form-LLL (Rev. 7-97) Adapted from CDPH Exhibit D (F) (10/14) Page 24 or 25 March 2017 California Department of Public Health Tuberculosis Control Branch INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form sMII be corl'lpleted by tt1e reporting en tity , whether subawardee or prime Federal recipient, ;1t the Initiation or receipt of a covered Federal action , or o m~tcM I ch<~nse to " previous filing , pur~uant to title 31 U.S.C. sec~on 1352. The filing of a form is required ror et~CI1 payment or agreem ent to make paymont to any lobbyin!) entity tor lnnvenelr1y or attempting to Influence an officer or employee of any agency, a Member or Congress, an officer or employee of Congross, or a n employee of a Member or Congrc$$ In con"eetlon wlt11 a covered Federal action. Complete all items that apply for both the inlll31 nllng and material change report. Refer to the implementing guld~nce publi$hcd by the Ornce or Management and Budget lor addltlonallnfermaiion. 1, Identify the type of covered Federal action for which lobbying activity i$ ;lnd/or h3S been secured to Influence the outcome of a covered Feder31 action. 2 . Identify the status of the covered Federal action . 3. Identify the appropriate cless~icatlon of th1s report. If this is a follow-up report c.,used by ;1 material change to the infonnation previou$IY reported , enter the year a nd quarter lr1 which the change occu rred. En ter the date of the last proviously $lrbmlllet;t report by t11i s report ing entity for this covered Federlll ~ctlon . 4 . Enter the lull name, address , city, State and zip code of the reporting "ritlty. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be <1 prime or swbaward rec1pient. Identify the tier of tho subaw:~rdee, e .g., the r1rst subawardee of the prime is the 1st tier. Subewards include but are not limited to 5Ub contracts, subgrar119 end contract awards under grants. 5. If the organization filing the report In Item 4 cheeks "Subswsrdee," then enter the full name, address, city, Slate and zip code of the prime Federal recipienl Include Congressional Dl,.trict, if known. 6. Enter the n~me of the Federal agency making the award or loan commitment. Include at lt'!~$1 one organizational level below agency niirne, If ~nown , For ex;~mpte, DepMtment or Transportation , United States Coast Guard . 7, Enter the Federal program name or descrip tion for the covered Feder~l action (item 1 ). If known , enter tho full C~tale>g of l"ede rsl Domestic Assistance (CFDA) number for grants, cooperative agrsemonts, loans, and IOi>n commitments. a. Enter the most appropriate Fedcral idenutying number available for the Federal action identified in item 1 (e.g., Request ro r Proposal (RFP) number; Invitation for Bid (IFB) number; grant <~nnounccrncnt numbet ; 111e contract, grant. or loan a ward number; tho application/proposal control n umber assigned by tho Federal agency). Include prefixes , e.g .. "RFP-DE-90-001." 9. For a covered Federal action where there has been an aw~rd or I03r1 commitment by the Federal agency, enter the Federal:~rnount of the sward/loan commitment ror the. pnme entity Identified in item 4 or 5. 10. (e) Entor the full name, address. city, Stille :~nd zip code of the lobbym g registrant under the Lobbying Disclosure Ac t of 1995 engaged by tho reporting entity identified in item 4 to in fl \Jencc the covered Federal action . (b) Enter the full names or the Individual( a} performing services, and include full addre~~ If different from 10 (a). Enter Last Name, First N:lrne, (lnd Middle Initial (MI ), 1 1. The certifying official shall sign and date tho form , print hi$/her Mme , uue, and telephone number. According to the Paperwork Reduction Act, as amendf!d, no persons are required to respond to a collection of information unless It d isplays a valid OMB Control Number. The valid OMS control number for this Information collection is OMB No . 0348-00 116. Public reporting burden for this collection of informetion is estimated to average 10 minutes per response, including time tor revie wing Instructions. searching existing data sources, gath ering and rnaintainlng tile data needed, and completing end reviewing the collection of information. Send comments regarding the burden ostlrnate o r any o ther aspect o f this collection of Information, Including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0046), Washington. DC 20503 . Adapted from CDPH Exhibi t D (F ) (10/14) Page 25 of 25 March 201 7 California Department of PubHc Health Tuberculosis~Gbl'ltroJ Braoch Contractor Certification Clauses CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY th~t I am duly C!Uthoriz~d to legally bind the pro$p69tive Contractor tp tf'ie clause{s} Hst~d t>elow. This certification is made under f11e laws of the State of Ca.Hfornia, 'Contractor!Bidd$r Fi~rrtivame .·. County of Fresno By (Authorized Sighature) Jl~j_ . . , ... , ' " .. · ::~ . ". '"",'. ,-;:,.;,·-·,··;·~.-. ·-~ ·"' .· Printed Name and Title of Person Signing ATTEST: BERNICE E. SEIDEL, Clerk Board of Supervisors By (t,JM. ~~ , Brian Pache·co, Chairman, Board of Supervisors uty oate Executed .~·:!Exeouted.in the7iouniy.oi .. · ·~·~··· ··-·····~· .. ·····:! 'I Fresno i ~! ~~ ~"'~:,..;,,..,.,}.:""'""" ""';,,_:.;;:;:;;,.·_;~7~~-, ··--··~···-·;·,··· -·-"~'•'"""·' -,;~,;_M,:,~.~ .• , •, .. ;;;,;:J:,:,.:::.;:;;.,;.J CONTRACTOR CERTIFICATION CLAIJSES 1 .. STATEMENT OF COMPLIANCE: Contractor has, untess exempte'd; cotnpli§d With. the nondiscrimination program re.~Uirements. (Gov. Code §12990{a•f) and CCR,Tifle 2, Section 8103) (Not applicable to public entitles.) 2. DRUG-FREE WORKPLACE REQUIREMENTS; Qc:>nfractor will compl~ with the requirements of the Drug-Free Workplat:;e Act of 1990 ;;ma will provide a C:lrug..free workplace by taking the following actions: a, Publish a statement. notifying ernp!oyees~ that LJnlawful manufacture .• di~tril>.Utiq:n, dispensation, possession or qse df a controlled Sllbstance is prohibited a'nd sp:ecifying actions to be·taken agalrfst 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, r.ehabilitatibn and employe.e assistance pro,grams; and, 4) penalties that may be imposed upoo employees for drug abuse violations. c. Ev~ty emplqy~ewhoworkson t.he p'ropo$edAgreemehtwill: 1) receive a copy of the c0mpany's drug-free workplace. policy statement; and, 2) agr~e to abide by the temis ofthe comp$ny's statem':ent as a co11dition lif employment on the Agreement. Failure to comply with these requirements may result in s.uspensJon of pf)yment~ urider th.e Agn3emelJt or tt:rmin(ltiori ofthe Agreem):mt or both an'd Gontrqt;tor trfay l;)e !.n!31igible for aw.::frd of ahy future State agreements· if the department determines that a,r1y .of the following has o·ccurred: the Contractor has made fals¢ cert,ification, or violated the Ad,apted from. DGS form CGC .. 307 (03/28/2007) Pag~ 1 of 4 California Department of Public Health T uberculosis Control Branch certification by failing to carry out the requirements as note d above . (Gov. Code §8350 et seq .) 3 . NATIONAL LABOR RELATIONS BOARD CERTIFICAT ION: Contractor certifies that no more than one (f) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately p rece ding two ~year period because of Contractor's failure to comply with an order o f a Federal court, wh ich orders Contractor to comply with an order of the National Labor Rela tion s Board . (Pub . Contract Code §1 0296) (Not applicable to pub li c entities .) 4 . CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE -P RO 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 numb er of hours of pro bono legal services during each year of th e contract equa l to the lessor of 30 multiplied by the number of full time attorneys in the firm 's offices in the State, w ith the number of hours prorated on an actual day basis for any contract pe r iod of less than a full year or 1 0 % of its contract with the State . Failure to make a good faith effort may be cause for non -renewa l 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 servi ces . 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 1 0286 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 launderi ng 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 corre sponding accessories , equ ipment, materials , or supplies furnished to the state pursuant to t he 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 ch ild labor or exp loitation of children in sweatshop labor, or with the benefit of sweatshop labor, fo~ced labor, convi<?t l~bor , indE;mture9 labor under penal sanction , abusive forms of child labor or explo1tat1on of children 1n sweatshop labor. T he 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 prem ises if reasonably required by authorized officials of the contracting agency, the Department of In dustrial Relations , or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS : For contracts over $100 ,000 executed or amended after January 1, 2007 , the contractor certifies that contractor is in compliance with Pub lic Contract Code section 1 0295 .3. Ada pted from DGS form CCC -307 (03/28/2007) Page 2 of 4 Ma rc h 2017 California Department of Public Health Tuberculosis Control Branch 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 e nterprise is required as a condition of regular state emp loyment. 2) No officer or emp loyee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Emp loyees (Pub . Contract Code §10411): 1) For the two-year period from the date he or she left state employment , no former state officer or e mployee 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 emp loyed 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 emp loyed 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 . (P ub . Contract Code §1 0420) Members of boards and commiss ions are exempt from this section if they do not receive payment other than payment of eac h 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 : Con tra ctor needs to be aware of the provisions which require every employer to be insured against liabi lity for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comp ly with such provisions before commencing the perfo rmance of the work of this Agreement. (Labo r Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with th e Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination o n the basis of disability, as wel l as all applicable regulations and guidelines issued pursuant to the ADA. (42 U .S.C. 12101 et seq .) 4 . CONTRACTOR NAME CHA NGE : A n amendment is required to change the Contractor's name as li sted on this Ag reement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invo ices presented with a new name cannot be paid prior to approval of said amendment. Adapted from DGS form CCC -307 (03/28/2007) Page 3 of 4 March 2017 California Department of Public Health Tuberculosis Control Branch 5 . CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a . When agreements are to be performed in the state by corporations , the contract ing 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 govern i ng body which by law has authority to enter into an agreement, authorizing execu tion of the agreement. 7 . AIR OR WATER POLLUTION VIOLATION : Under the State laws, th e 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 prohib it ions ; 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 . Adapted from DGS form CCC-307 (03/28/2007) Page 4 of 4 March 2017 Califor·nia Department of Public Health Tuberculosis Control Branch Darfur Contracting Act Pursuant to Public Cgntract Code (PCC) sections 10475~10481. the Darfur Contracting Act's intent is to preclude State agencies fron1 contracting with scrutinized companies that do business in the African n.atlon of Sudan. A scn.ttiilized company is a con1par'ty doing specified types of business in Sudan as defined in PCC section 10476; Scrutinized companies are ineligrble to, and cannot, tqntract with a $tate agency for goods or servic.es (PCC $e.ttian 1 Q477(a)) unless obtaining permission frorn the Departn1ent of Genera. I Services E!ccording to the criteria. set forth in PCC section 10477(b). Therefore, tp be el!gl~le to contract with the CalifornLa Department of Public H~a,lth, please initial one of the follawlng three par,agraphs and complete the eertificatia.n below: 1. [§EJ We d0 not currently have, or we have not had within Initials the previous thrc;e years; business aQtivities or other 2. D operations outside of the United States. We are a scrutinized cor11pany as defined in Public Contract Code section 10476, but we have received Initials 3. D Initials CERTIFICATION written permission from the Department of General Services (DGS) to subn:Ht a bic;l ;:or prop(Jsal pursuant to Putllic Contract Co(je section 10477(b) qr·sublnit a contr·actlpurch$sf} ()Fd~l". A copy _of the Written perm!$Sion from [:)(3$ is !ncluqed wiU1 our bid, pri:>posal or contract/purchase order. We currently have, or we~ have had witf1in the previous three years, bUsiness a:c.tivities or other operation~ outside Gf tbe United States, but we certify below that we are not a ~crutinlzed company as defined in Public Cotitract Gdde section 1 04"16. I. the official named below; CERTIFY UNDER PENALTY OF PERJURY fb.at I am duly authorize.d tG legally bind this company to the clause listed above. This oetiification is made under ttie laws of the Slate ·Of California. Comr.1anv Name fPrinlecf) County of Fresno By (Autflorized Signature) {l~j_ ATIEST: BERNICE E. SEIDEL, Clerk Board of Supervisors By~ Co# D u y Prinleci Name and Tit/~1 ofP&rson $iar1ino , Brian Pacheco, Chairman, B;oarc:;f of Su@ervisors -' W' ' . " '~ '" · Fecfwa/ID Number . 94't9H©Q'5t2 Exeoute.clln tHe>Cpuritv~~ir1d stTJt~ ;,j • Fresno; California Adapted frorn GDPH fonn 9lJ67 (4/o9) Page 1 of 1 March 2017 STATE OF CALIFORNIA CALIFORNIA CIVIL RIGHTS LAWS ATIACHMENT DGS OLS 04 (Rev. 01117) DEPARTMEN·r Of! <;iENERAL SERVICES OFFICE OF LEGAL St=RVICES Pursuant to Public Contract Code section 201 0, a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or above shall certify, under penalty perjury, at the time the bid or proposal is submitted or the contract is renewed, all of the following: 1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and ' 2. EMPLOYER DISCRIMINATORY POLICIES: For contracts executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code). CERTIFICATION ~-------------------------------------------------------,---------~-------~----· 1 I, the official named below, certify under penalty of perjury under 1 Federa/10 Number 1 I the laws of the State of California that the foregoing is true and I I I correct. I 946000512 I I I I l Proposer/Bidder Fim1 Name (Printed) I I I I I I County of Fresno ATTEST: ' ! !ay7~uUwrfzedSfgnaturer--~-------------------: BERNICE E. SEIDEL, Clerk 1 I t1:. ~J._ Board of Supervisors I ~----~------------------------------------_; By d\Jo.,' ~ j 1 Printed Name and Title of Person Signing D puty 1 I ·I I Brian Pacheco, Chairman, Board of Supervisors · I r--------------------~-----------r-------~--------------------------------------1 1 Date Executed 1 Executed in the County and State of l I I I J ~. 22 1-o\-1 1 Fresno California I ~---~-~~~----~---~--~----------~------------------~---------------------------J AGREEMENT BETWEEN tHE C:Ol:-1\'TY OF FRESNO AND THE STATE OF CALJFORNJA No.: CA Department of Public Health Tuberculosis Control Branch-d Base Award; Fo od , Shelter, lnc.:en tives & Etiablers Allotment APPROVED AS TO LbGAL FORtvl: DANIEL C. CEDERBORG , COUNTY COUNSEL By ~£~ APPROVED AS TO ACCOUNTI:'-JG FORJv1: Term: Julv l, 2017-Jlme.30. 2018 OSCAR .1 . GARCIA, CPA, AUDITOR-CONTROLLER./ TREASURER -TAX COLLECTOR REVIEWED .1\ND REC . Mfv1ENDED FOR APPROVAL: By _liJ~fffffi-,_ Di rect or Department ofPublic Health Fund/Subclass: Organization #: Revenue: ks 0001/10000 56201658;56201659 3525;4380