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HomeMy WebLinkAboutSTATE DPH-Childhood Lead Poisoning Prevention Program_A-23-637.pdf COUP County of Fresno Hall of Records,Room 301 2281 Tulare Street Fresno,California Board of Supervisors 93721-2198 O� �g50 Telephone:(559)600-3529 ARE`' Minute Order Toll Free: 1-800-742-1011 www.co.fresno.ca.us November 28, 2023 Present: 5- Supervisor Steve Brandau,Vice Chairman Nathan Magsig, Supervisor Buddy Mendes, Supervisor Brian Pacheco,and Chairman Sal Quintero Agenda No. 66. Public Health File ID:23-1109 Re: Approve and authorize the Chairman to execute a retroactive revenue Agreement with the California Department of Public Health for the Childhood Lead Poisoning Prevention Program, effective July 1, 2023 through June 30,2026($4,719,083); and approve and authorize the Director of Public Health,or designee,to execute the State Contractor's Release for the final invoice APPROVED AS RECOMMENDED Ayes: 5- Brandau, Magsig, Mendes, Pacheco,and Quintero Agreement No.23-637 County of Fresno Page 68 coU�� Board Agenda Item 66 O 18j6 O FRES� DATE: November 28, 2023 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Retroactive Revenue Agreement with the California Department of Public Health for Childhood Lead Poisoning Prevention Program RECOMMENDED ACTION(S): 1. Approve and authorize the Chairman to execute a retroactive revenue Agreement with the California Department of Public Health for the Childhood Lead Poisoning Prevention Program, effective July 1, 2023 through June 30, 2026 ($4,719,083); and 2. Approve and authorize the Director of Public Health, or designee,to execute the State Contractor's Release for the final invoice. There is no increase in Net County Cost associated with the recommended actions.Approval of the recommended actions will allow the Department of Public Health to continue to implement the Childhood Lead Poisoning Prevention Program (CLPPP)with funding provided by the California Department of Public Health (CDPH). The program provides case management, health education, and environmental assessment services to children who.are diagnosed with or at high risk of developing lead poisoning. This item is Countywide. ALTERNATIVE ACTION(S): There is no viable alternative action. Should your Board not approve the recommended agreement, the Department would not be able to fund CLPPP and provide services for lead-poisoned children. RETROACTIVE AGREEMENT: The recommended agreement was received from CDPH on August 9, 2023 and is retroactive to July 1, 2023 and is being brought to your Board in accordance with the agenda item processing timelines. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended actions. The recommended agreement will provide $4,719,083 from July 1, 2023 through June 30, 2026. Annual maximum funding amounts are as follows: • FY 2023-24: $1,538,916 • FY 2024-25: $1,577,130 • FY 2025-26: $1,603,037 The agreement allows full indirect cost recovery at the Department's rate of 18.314% of salaries and County of Fresno Page 1 File Number.23-1109 File Number:23-1109 benefits; however, the program will limit indirect cost recovery to 15% to allow for additional required direct expenses. The remainder($40,720)will be covered with Health Realignment. There are no pending invoices related to this item. Sufficient appropriations and estimated revenues are included in the Department's Org 5620 FY 2023-24 Adopted Budget and will be included in future budgets for the duration of the term. DISCUSSION: Since 1991, the Department has received funding from CDPH for childhood lead poisoning prevention and surveillance activities. Each year, CLPPP staff provide education and outreach to over 5,000 residents, community partners, healthcare providers, childcare centers and parents via health fairs, mailings, presentations and media campaigns. Staff also provide yearly monitoring to 600 new surveillance cases, case management services to over 30 children identified with very high blood lead levels (BLLs) and conduct over 20 environmental investigations. Staff focus on reaching areas at higher risk of lead exposure, which include older homes with lead-based paint that may be peeling. The proposed agreement will provide continued funding to eliminate childhood lead poisoning for community outreach and education, healthcare provider education, surveillance, data analysis, and case management services for children with elevated BLLs. The neurological effects of lead poisoning are permanent; while treatment can reduce BLLs, it cannot reverse the harmful effects of the poisoning. In a young child, this can result in life-long learning and behavioral disabilities. Early intervention prevents further exposure to risk factors and reduces potential additional harm to lead-exposed children. The recommended agreement contains non-standard termination language as it allows the State to terminate the agreement without cause, provided that written notice has been delivered at least 30 days prior to termination.The agreement also contains a termination clause that allows the County to submit a written request to terminate the agreement only in the event the State substantially fails to perform its responsibilities under the agreement. The Agreement also deviates from the County's standard indemnification language in that it requires the County to provide one-way indemnification to the State in the performance of the Agreement. This language is typically present in State grants. The Department has determined that its acceptance of the indemnification language is advantageous to the County, as the State-grant is a funding source for Fresno County's CLPPP, without which the continued provision of these services would be negatively impacted. REFERENCE MATERIAL: BAI#61, September 22, 2020 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk-Agreement with CDPH CAO ANALYST: Ron Alexander County of Fresno Page 2 File Number.23-1109 SCO ID: 4265-2310256 Agreement No. 23-637 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES RCHASING AUTHORITY NUMBER(If Applicable) STD 213(Rev.04/2020) 23-10256 STANDARD AGREEMENT AGREEMENT NUMBER PU 1.This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME California Department of Public Health CONTRACTOR NAME County of Fresno 2.The term of this Agreement is: START DATE July 1,2023 THROUGH END DATE June 30,2026 3.The maximum amount of this Agreement is: $4,719,083.00 Four Million Seven Hundred Nineteen Thousand Eighty Three Dollars and Zero Cents 4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 3 Exhibit A Attachment 1,Services to be Perfermed 41 Exhibit A Attachment II,Baseline Contract Requirements 8 Exhibit A Attachment III,Partnership Development Tool 10 Exhibit B Budget Detail and Payment Provisions 3 Exhibit B Attachment 1,Budget Years 1-3 1 GTC Exhibit C* General Terms and Conditions 04/2017 Exhibit D Special Terms and Conditions 19 Exhibit E Additional Provisions 4 Exhibit F Federal Terms and Conditions 8 Exhibit G Information Privacy and Security Requirements 10 Exhibit H Glossary of CLPPB Related Acronyms and Terms 5 Exhibit I Contractor's Release 1 I tems s own with on asteris (*),are hereby incorporated by reference and made part of this ogreementas if attached hereto. These documents can be viewed othttps://www.dgs.co.gov/OLS/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTI ES HERETO. CONTRACTOR CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.) County of Fresno CONTRACTOR BUSINESS ADDRESS CITY STATE �ZlP 1221 Fulton Street Fresno CA 3721 PRINTED NAME OF PERSON SIGNING TITLE Sal Quintero Chairman of the Board of Supervisors CONTRACTOR AUTHORIZED SIGNATURE ATTEST: DATE SIGNED BERNICE E.SEIDEL �..._ oZ� -a 3 Clerk of the Board of Supervisors County of Fresno,State of alifornia By-Deputy Page 1 of 2 SCO ID: 4265-2310256 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable) STD 213(Rev.04/2020) 23-10256 STATE OF CALIFORNIA CONTRACTING AGENCY NAME California Department of Public Health CONTRACTING AGENCY ADDRESS CITY STATE ZIP 1616 Capitol Avenue,Suite 74.262,MS 18020,PO Box 997377 Sacramento CA ]95899_ PRINTED NAME OF PERSON SIGNING TITLE Maksim Lyulkin Chief,FSU CONTRACTING AGENCY AUTHORIZED SIGNATURE Maksim Digitally signed by DATE SIGNED Maksim Lyulkin L ulkin Date:2023.12.13 Y 09:02:55-08'00' CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable) APPROVEb-'] DEC 20 2023 EE:abs OFFICE OF LEGAL. SERVICES DEPT. OF GENEPAL SERVICES 23-10256 Page 1 of 3 Exhibit A Scope of Work 1. Service Overview Contractor agrees to provide to the California Department of Public Health (CDPH) the services described herein. This contract provides Local Assistance funds that are specifically authorized by the Health and Safety Code, Section 105290, to the (Contractor Name: County of Fresno ). The (Contractor Name: County of Fresno ) will provide direct case management for the children of California, as well as education to the communities, families, and health care providers within its jurisdiction. The (Contractor Name: County of Fresno )will coordinate lead-related activities of local agencies and organizations, alert the Childhood Lead Poisoning Prevention Branch (CLPPB) to new sources of lead exposure and barriers in the continuum of care and prevention, and help develop creative strategies towards realizing a healthy, lead-safe environment in which all the children of the State of California can achieve their full potential. All activities described above are to support the State's Childhood Lead Poisoning Prevention Program. The Scope of Work (SOW) outlines tasks, deliverables, and reporting timelines to guide daily activities and is a key component of the local health jurisdiction (LHJ) contract. The SOW aligns with the Program mission and vision statement, Program mandates, and Program strategic plan developed in collaboration with childhood lead poisoning prevention programs. 2. Service Location The services shall be performed in (County/City Name County of Fresno ), 3. Service Hours The services shall be provided during normal Contractor working hours, Monday through Friday, excluding national and State observed holidays. The Contractor will establish a CDPH approved after-hours protocol for emergency blood lead levels. 4. Project Representatives A. The project representatives during the term of this Agreement will be: California Department of Public Health County/City Name:County of Fresno CLPPB Contract Manager: Charlotte Dacumos Name, Program Coordinator: Keyna Ramirez Telephone: 510-620-5616 Telephone: 559-600-6555 Fax: 510-620-5656 Fax: 559-600-7725 Email: CLPPBContractManagers@cdph.ca.gov Email: keramirez@fresnocountyca.gov 23-10256 Page 2 of 3 Exhibit A Scope of Work/Work Plan B. Direct all inquiries to: California Department of Public Health County/City Name: County of Fresno Childhood Lead Poisoning Prevention Childhood Lead Poisoning Prevention Program Branch Attention: Charlotte Dacumos Attention: Program Coordinator 850 Marina Bay Parkway, Building P, Keyna Ramirez, Interim Coordinator, RN PHN Third Floor Street Address: Richmond, CA 94804-6403 1221 Fulton Street Telephone: (510) 620-5616 City, CA Zip: Fresno, CA 93722 Fax: (510) 620-5656 Email: Telephone: 559-600-6555 CLPPBContractManagers@cdph.ca.gov Fax: 559-600-7725 Email: keramirez@fresnocountyca.gov C. Either party may make changes to the information above by giving written notice to the other party. Said changes shall not require an amendment to this Agreement. D. All payments from CDPH to the Contractor shall be sent to the following address: Remittance Address Contractor: County of Fresno Attention: Irene Parada, Business Manager Address: PO Box 11800 City, CA Zip: Fresno, CA 93775 Phone: 559-600-6415 Fax: 559-600-7687 Email: dphboap@fresnocountyca.gov 5. Scope of Work Changes A. Pursuant to Health and Safety Code Section 38077(b)(1), changes and revisions to the SOW contained in the agreement, may be proposed by the Contractor in writing. Failure to notify CDPH of proposed revisions to the SOW may result in an audit finding. B. CDPH will respond, in writing, as to the approval or disapproval of all such requests for changes or revisions to the SOW within thirty (30) calendar days of the date the request is first received. Should CDPH fail to respond to the Contractor's request within thirty (30) calendar days of receipt, the Contractor's request shall be deemed approved. C. CDPH may also request changes and revisions to the SOW. CDPH will make a good-faith effort to provide the Contractor thirty (30) calendar days advance written notice of said changes or revisions. 23-10256 Page 3 of 3 Exhibit A Scope of Work D. No changes to the SOW agreed to pursuant to this provisions shall take effect until the cooperative agreement is amended and the amendment is approved as required by law and this agreement. 6. Required Deliverables for Program Review and Evaluation The Contractor will submit the following as deliverables to CLPPB: 1) Biannual Progress Reports using the Excel templates provided by CLPPB. 2) Quarterly invoices as outlined in Exhibit B, Provision 1. 3) Completed pages of the Lead Poisoning Follow-up Form (LPFF) and attachments. 4) Completed Form 8552 for each Lead Hazard Evaluation (includes clearance, Environmental Investigation [EI] and risk assessment) that is performed. 5) Status report, case management information, and other contract-related information as requested by CLPPB for program review. 6) Entry of data into the Response and Surveillance System for Childhood Lead Exposures 11 (RASSCLE II), as negotiated with CLPPB. 7) Contractor-developed educational materials, if any. (Must be approved by CLPPB prior to use.) 7. Subcontracts Requirements Subcontracts with other governmental agencies may be allowed with prior CDPH approval. 8. Services to be Performed Detailed description of the services to be performed are described on Exhibit A and Attachments I, II, and III. The expected services are linked to the goal, objectives, actions, reporting timelines, and deliverables and are described in each task. Number and breadth of activities pursued will be proportional to funding allocation. Services performed by (Contractor Name: County of Fresno ) will meet the minimum requirements for (Funding Level: Funding Level 3 ) and all actions will be pursued when resources are available. 9. Confidentiality of Information All terms and conditions of this Agreement shall be enforceable as of the Start Date of July 1, 2023, on condition that the Agreement is signed by both parties. The privacy protections and restrictions in this Agreement shall apply to any CDPH PCI disclosed to Contractor, or collected, created, maintained, stored, transmitted or used by Contractor between July 1, 2023 and the date this Agreement is signed by both parties. 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CD M a) c CDmp c _C U Q. 1 C 0) N Q) C 0) N CIO (6 E � � � -0N a) a) (1) m ❑ U � p a c a) _p p N a N = (n Q) cn 4-. 0) C Q- � V 0 -p O U ° C C U- f0 O a) m (6 CD E _ > a) 0- 0) (a •O O a) (n �- 1 N a) W U N > p � U 0- --' (n (n a (n J "° C N C O � - p _I > O CU m It(a 0 � � � -0 a) 0U a) (n = N :0 (n d. p p O Q. O i a) Q .J O 3 " N U C N Q Q M -0 ° O) U _O LL � ° d O fn +C-, � U `+- i Co c U - a o a) c = as E o o Q 0- o ` �0 Co Y o CU 0 0 �, �, u m .T (D ° -0 L o a) 0U � y � c N ,� �, 0 N; d (cn U ° .� ° c O p O 0 O 0 c a) Q c o z N c (Na m > a>) Q cA ca 0- (n ° m U a o m � � Co c �' (v E c E c c°i o ccn 'a o c 0 �' — c c L ' ,- Z ° a Cc (D a)o > 1 0 � U 0a-C -- 0 o CO c6C14 @c� - - -- ---- co c -- - Co 0 co U CD E a) Q U o L- O (n a) a) cfl c N Q Q' n � _ ° o N E c ° o c `n ° o a`) '3 c N 3 2 " E mc� 0 E (n a a) -0 "C M m o U ca) -0 co (CLj cnn �° ac) O Q(D a U m a c o o c a) o ri E O i p 0 cn O U a) U Q N O p co (D C Q (n 0) Q) 01 _ a) � : C Q z CV (6 �- C C N O U O p O _ c . >. U) - p " ca (n c `~ O O > ��' a) O o a QIL o Z CO m ° U 0 C U C2 O N cn a) cn- O vj � U � () d U' N Q) 0 U CL � 'O a) cn ai (a M 4) C E N ( � "Q L a) d U (V d O (ten H dp 4 � � (Jj p m -�p p Z a) J ni o (B a) N U C U) C U Q co 0- 0) a a N ° ca J a) o 0 Q a) C Y � � •° ° Y Y C Q 0 Q lL Q Q F- (n m U)) � � F- Q m d U coU O M p D O 14 Q) "a O cC3 M C a) O C �O M O :P O ctf (o O U N O Q N a C O co M 0) O ( ~ � O C a3 O CN C_ m C cV M C O7 N a a- M O a) a) 5 a� o w .0 N o U J "� U -O a O cD Y a U C co _o Q o ` co O cn 0- cB Rf CD Y fn � .p cn C v U NU) c N O a) C U [n 3 a OU U O Q O U O N O co C oD ` a c O p Y p QCo � c O LL O O UO -O` a O p ` O a) w co — > � C cQ C J cn co U ° a c 'E U o °' 'a _ Q J c, -a o co E c C of In _0 Z o d !L- aoi o c m c = ° ° -c a) M •� c O C M Q. a Q N � NoN O 1>' — cu U) E U co O N aa)i O U in � o a�i —_. 0) N U — m - a) C �- a m � o 4- o a ° a co c c`o .oa Q ¢ � C: :3 CU `) M � .° -C N U o I•6 -o N 3 Q o a, a3 a) c N op a� Q -c ai C0 U ° o o _ Co L co M •L cc L O O �— L CD cu co U cB L C O �, Q co U) co 'O j cII N Q a) O co1U 0) o o c Y p U a) E 0 o c c o c c�a Y c�� Q N a� c o 0) O o v � co co a) O cd a) o Ewa o � rn � � � N � � IL � •Qco O c m U c N >, jCoU- 10) C M co L) v- o L a , O N E o CO Q (n C0 O P aO �' c 0-a mO ) E a� U U ) O a) y U O co `, M : U E a) o � E � ° (6 > � coU �- Q co a) o � 0 U) O c� Y O Y cn o f 0 o z j � 3 Z � op M a) � � � 0) NCO � E O C O N cn I— J Q "� '—J -p O Q O cu o � C14 � � �� � n-nn3 � a ° N o u O aCL I 2E a) (n p Q m O Y C Q a) J p a) Q > N cn 07 +r cn a > U) E co > O U Q -Q co ii U O �N I� �' U O p a O v O L N Q- >, a) cO J O Q l� U -0 Q I— 0 U (A 0 2- c) � U s cn c`'). 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E 2 .[ m ƒ / k § C: E 0 E E m 7 k o % � % Go) 2 § E 7 > � G E § / 6 o 0 % § ® C ■ E ® 2§ \ k w ■ . m k . o E Q M � 0 o & 'S E2 > Q / o B @ E '-o ( 2 ° cL $ % t 2 | \ 0 . k e § 3 e = c k E § / 2 O U % E m / D 2 � a m Z D e E m o � � � / 2 ® ® � � 2 2 2 § q $ \ F ƒ m § � R \ $ 0 q 0 2 C: C ƒ z q L" _ _ � q � E 0 @ cn 14 ELc0 e R IL " / 6 L 2 § § 0 E q •% % e G 7 0 o .o cn .r- ® o % \ L = 2 � E % ° / k § k q E 2 § / 04 0 � j 0 > coo k k E % CL c 0) 0- 5 2 / O n@ 2 \ / ) o m/ \ o q ( � k 0- o k 2 § 0 2 § a- � w 2 / \ m � % q 2 ( � m CO C40 m M / . 2 § \ S \ / R n ) kC ƒ CO 7 f 2 R § o k : ® 2 A q ' 0 2 c \ 0 2 2 ® % % tn co k % % t 0 2 0 2 / k o 00 co% / .\ \ c F- 0 3 \ Exhibit A, Attachment II 23-10256 Baseline Contract Requirement Page 1 of 8 1. Statutory and Regulatory Requirements: All CLPP Program case management services must be in compliance with: a) California Health and Safety Code, Section 105275 et seq. (appropriate case management); b) Title 17 of the California Code of Regulations, Section 35001, et seq. ("Accreditation, Certification, and Work Practices for Lead-Based Paint and Lead Hazards"); c) CLPPB Program Letters, and manuals incorporated by reference in Program Letters, including the CLPPB Public Health Nursing Manual(PHN Manual), September 2012, and subsequent updates; d) Guidance Manual for Environmental Professionals (EP Guidance Manual), June 26, 2012, and subsequent updates;and e) Surveillance and Data Management Manual and subsequent updates. As such, a Childhood Lead Poisoning Prevention Program is staffed with: Clinical Public Health Nursing Services Environmental Services At minimum, a Public Health Nurse (PHN) An Environmental Professional (EP) is certified by the State of California to provide required in order to perform any appropriate nursing case management of full environmental sampling. Justification must cases* and oversight of delegated tasks. be provided in the instance of inability to staff an EP. *For the definition of full case, see 3.iii. Full Case Management Services below. Licensing and Certification: • Contractor must ensure that services comply with all laws and maintain such licenses and certifications as are necessary for the provision of appropriate case management, environmental inspections, and related activities. • PHN and EP licenses and certifications must be maintained as follows: Clinical Public Health Nurse PHN Environmental Professional EP o A current and valid California Registered o A current and valid Inspector/Assessor Nurse (RN) license number provided by the license number provided by the California Board of Registered Nursing. California Department of Public Health. o A current and valid Public Health Nurse o Additionally, EPs must meet all criteria (PHN) certification license number provided of experience and training as specified by the California Board of Registered in the EP Guidance Manual. Nursing. 2. Age of Service Qualification A child or young adult ages from birth and under 21 years, with an address in the contractor's jurisdiction and meets the following eligibility criteria, is qualified to receive services from the contractor. August 2022 Exhibit A,Attachment 11 23-10256 Baseline Contract Requirement Page 2 of 8 3. Contractor's Responsibility: Provision of Case Management Services Contractor shall provide tiered nursing and environmental case management services according to all applicable laws, regulations, CLPPB protocols and standards, and all subsequent definitions and requirements: 3.i. Basic Case Management The contractor shall provide Basic Case Management Services when notified of a person who meets the "age of service qualification" above and the following Basic or Potential Case Definition, or as specified in any subsequent Program Letter updating eligibility criteria. Note that Potential Cases are a type of Basic Cases that are monitored separately from basic cases. Basic Case Definition: • A single or multiple blood lead levels (BLLs) >_3.5 mcg/dL and <_9.4 mcg/dL (capillary or venous). Potential Case Definition: • A single capillary BLL >_14.5 mcg/dL without a follow-up venous blood lead level (VBLL) of>_9.5 mcg/dL, or; • A single BLL, capillary or venous, equal to or between 9.5 to 14.4 mcg/dL without a follow-up VBLL of>_9.5 mcg/dL. Provision of Basic Case Management Services Contractor shall provide the basic level case management services meeting the minimum requirements as described: Clinical Case Management Services • Provide the initial outreach and education to family of case by phone, mail, or both within 60 calendar days of case notification. • Maintain contact with the family to ensure understanding of lead outreach & education and completion of follow-up BLL testing. • Initiate and maintain contact with case's primary care providers to advocate for follow-up venous blood lead level (VBLL) testing. • Adapting under its own letterhead for use. o Sending the Provider Retest Reminder Letter to case's primary care providers according to CLPPB's PHN protocol, BLL trend, and case's lead exposure risks. • Actively monitor case's follow-up VBLL according to CLPPB's standards and protocol. • As resources allow, additional services may be provided, including other tiered responses, up to and including: August 2022 Exhibit A, Attachment II 23-10256 Baseline Contract Requirement Page 3 of 8 o Home visits by a PHN or delegated staff o PHN case assessment o Environmental services • When the person's follow-up VBLLs meet the full case definition, provide full case management services as described and according to CLPPB's PHN protocol and standards. Environmental Services • As resources allow, environmental services can be provided, ranging from visual inspections conducted by designated staff to environmental sampling by an EP to a full environmental investigation (EI) by an EP. 3.ii. Urgent and Emergency Case Management: The contractor shall provide Urgent and Emergency Case Management Response and Services when notified of a person who meets the "age of service qualification" above and the following Urgent or Emergency Case Definition, or as specified in any subsequent Program Letter updating eligibility criteria. Urgent Case Definition: a. Urgent: any BLL between 44.5 to 59.4 mcg/dL (capillary or venous) b. High Urgent: any BLL between 59.5 to 69.4 mcg/dL (capillary or venous) Emergency Case Definition: Any BLL >_ 69.5 mcg/dL (capillary or venous) Provision of Urgent and Emergency Case Management Response and Services The contractor shall provide Urgent and Emergency Case Management Response and Services meeting the minimum requirements as described: Clinical Case Management Services: a. Attempt to contact the health care provider and/or medical home (includes using the provider answering service or hospitalist coverage) as soon as possible. b. Request for a confirmatory VENOUS BLL testing according to the following requirements: o High Urgent and Emergency BLL: Immediately and within 24 hours o Urgent BLL: within 48 hours c. Provide guidance/instruction to the health care provider and obtain information from them, as specified in current guidance documents, Program Letter 2017-02 or updates. d. When the person's follow-up VBLLs meet the full case definition, provide full case management services as described and according to CLPP13's PHN protocol and standards. August2022 Exhibit A, Attachment II 23-10256 Baseline Contract Requirement Page 4 of 8 e. During times outside of normal laboratory hours, the contractor may need to assure the child will not receive chelation before the urgent or emergency BLL is confirmed. The PHN shall evaluate whether to use the State Lab to analyze the confirmatory VBLL as follows: 1. There is no available laboratory to perform a confirmatory VENOUS BLL, including Hospital or Emergency Department Laboratory, and 2. It is a weekend or holiday, and 3. The child has a BLL >_44.5 mcg/dL, and 4. The health care provider is ready to hospitalize and chelate the child before a confirmatory BLL can be otherwise arranged. Should all the above conditions be met, the contractor shall proceed with the procedure outlined in according to current guidance documents, Program Letter 2014-02 or updates, for the State to perform the venous blood lead analysis. 3.iii. Full Case Management Services The contractor shall provide Full Case Management Services when notified of a person who meets the "age of service qualification" above and the following Full Case Definition, or as specified in any subsequent Program Letter updating eligibility criteria. a. A single venous BLL >_ 14.5 mcg/dL; or b. Two BLLs >_ 9.5 mcg/dL, drawn at least 30 calendar days apart and at least the second of which is venous. Provision of Full Case Management Services Contractor shall provide the full case management services meeting the minimum requirements below as described: Clinical Case Management Services a. Arrange for a Public Health Nurse (PHN)to provide clinical case management services. b. Within 2 business days of case notification, make a case referral to the Environmental Professionals for environmental services. c. Initiate and maintain contact with the family to ensure lead outreach & education are provided and follow-up BLL testing is completed. Initial outreach and education must be provided to family of case by phone, mail, or both. d. Obtain a valid informed consent from parents or legal guardians of case for: i. Provision of clinical case management and environmental health services ii. Sharing of confidential and protected health information and information privacy iii. Parents and legal guardian's right to refuse services or a portion of the consent form August 2022 Exhibit A, Attachment 11 23-10256 Baseline Contract Requirement Page 5 of 8 e. Complete at least one home visit by a certified PHN, ideally at the same appointment as the Environmental Investigation, at each primary residence and according to CLPPB's specified timeframe based on case-making VBLL value. f. Conduct additional PHN-led home visits if the case relocates to another residence within the contractor's jurisdiction while the case is still opened. g. If the case relocates to a primary residence in a new jurisdiction while the case is still opened, refer for a new environmental investigation as soon as possible upon notification of a new place of residence. h. PHN and delegated staff shall conduct additional home visits at the primary address and at secondary addresses when: • Venous BLL trend does not decline as expected • A source of exposure has not been identified • Other related concerns are raised by PHN, EP, parents and/or health care provider • If the case is still open upon relocation to a primary residence, refer for a new environmental investigation by an EP. i. PHN or dietician must conduct a nutritional assessment of case, specific to lead exposure and poisoning. j. PHN must conduct a developmental screening as a part of PHN assessment to include: • Use of a validated developmental screening tool for children between 2 months and 5 years of age. • Use a developmental milestone to screen children and teens between 6 years and 17 years of age. • Assess emotional and/or behavioral concerns related to education, vocation, and relationship with peers for young adults between 18 years and up to 21 years of age. k. As a part of PHN's care coordination service, PHN and delegated staff shall initiate and maintain contact with case's primary care providers to: • Advocate for follow-up VENOUS BLL testing by: o Adapting CLPPB's Provider Retest Reminder Letter Template under its own letterhead for use. o Sending the Provider Retest Reminder Letter to case's primary care providers according to CLPPB's PHN protocol, BLL trend, and case's lead exposure risks. • Share preliminary and follow-up clinical, environmental, social and community resource needs and findings to health care provider by sending the Provider Summary document (a.k.a. Appendix C) to the health care provider within 30 calendar days of the environmental investigation. August 2022 Exhibit A, Attachment II 23-10256 Baseline Contract Requirement Page 6 of 8 • Share additional pertinent information, findings, and case management plans with the health care provider by sending subsequent Provider Summary document (a.k.a. Appendix C) within 30 calendar days of when new information is available. • Send closure letter to PCP within 60 calendar days of case meeting a CLPPB's closure criteria I. Monitor BLLs to ensure downward trends until BLLs meet criteria for case closure. Communicate with EP to ensure all environmental sources of lead exposure have been identified and removed. m. The contractor shall evaluate and, if applicable, refer children with BLLs > 20 mcg/dL to California Children's Services (CCS)for the determination of eligibility and medical case management, as appropriate. n. The contractor shall contact the California Occupational Lead Poisoning Prevention Program if occupational take-home lead exposure is suspected as the source of lead exposure and as specified in CLPPB's Program Letters. o. The contractor shall submit LPFFs, including interim LPFFs when there are significant changes in the status of a case, copies of consents, and environmental clearance forms to CLPPB at times specified by CLPPB. Environmental Services: a. EP must conduct at least one Environmental Investigation, ideally at the same appointment as the PHN Home Visit, at each primary residence and according to CLPPB's specified timeframe based on case-making VBLL value. b. The environmental investigations (Els), property follow-up, and clearance inspections, when required, must adhere to the EP Guidance Manual, June 26, 2012, and subsequent updates. c. If the case is still open upon case relocation to a new residence in the contractor's jurisdiction, conduct a new environmental investigation by an EP. d. Conduct additional environmental investigations at the primary address and at secondary addresses based on professional judgement and CLPPB consultation when: o Venous BLL trend does not decline as expected o A source of exposure has not been identified o Other related concerns are raised by PHN, EP, parents and/or health care provider. e. Collaborate with PHN to develop a Provider Summary document (a.k.a. Appendix C) and share preliminary and follow-up environmental findings within 30 calendar days of the Environmental Investigation. f. Collaborate and share additional pertinent environmental investigation findings and property updates with the PHN and/or family when available and submit new paperwork within 30 calendar days of subsequent lead hazard evaluations. August2022 Exhibit A, Attachment 11 23-10256 Baseline Contract Requirement Page 7 of 8 Full Case Documentation Submit complete documentation to CLPPB for all full cases, as described below: a. Within 60 calendar days or less of the first home visit as described in section 2.8 of the Public Health Nursing (PHN) Manual(updated 2014). b. Subsequent lead poisoning prevention forms (LPFFs) sent within 30 calendar-days of significant changes other than BLLs. c. Additional Environmental Professional documentation sent within 30 calendar days of subsequent Environmental Investigations (such as those at secondary residences) and Clearance Inspections. d. Updated copy of LPFF sent within 60 calendar days or less of case closure as described in section 2.8 of the PHN Manual(updated 2014 or most current). e. Submitted electronically to CLPPB according to Instructions on How to Submit the Fillable LPFF and Remote Environmental Assessment. f. Full case documentation includes the following: • Required Public Health Nursing (PHN) documentation: o PHN portions of the LPFF (pages 1 — 10 and appendices) o Consent form o Completed nutrition assessment form o Completed neurodevelopmental screening form o Individualized Nursing Service Plan (INSP) • Required Environmental Professional (EP) documentation: o EP portions of the LPFF (pages 11 — 17 and appendices) o A copy of Form 8552 o Lab results o XRF printouts, when applicable o Letter(s) to the property owner, when applicable o Remote Environmental Assessment(s), when applicable 3.iv. The contractor shall notify CLPPB via R2DatalssuesCc�cdph.ca.gov if: • A person identified as meeting full case criteria, or potentially meeting the criteria pending another venous BLL, has been so designated in error. • A person has been designated as residing within the CLPPP's jurisdiction but lives elsewhere or has moved out of the jurisdiction before case management has been initiated. • In the event when the case relocates to a residence in another jurisdiction within California and while the case remains open, contractor shall notify CLPPB and the local CLPPP of the next local health jurisdiction where case is relocated and: August 2022 Exhibit A, Attachment 11 23-10256 Baseline Contract Requirement Page 8 of 8 o Send a letter to the last known address of the parent or legal guardians to recommend ongoing case management services to be provided by the next local health jurisdiction. o Provide contact information for the new local health jurisdiction's CLPPP to parents and legal guardian. o Retain a copy of this letter in the local case file and submit the letter securely to CLPPB via LPFF(cDcdph.ca.gov within 30 calendar days of case transition. 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V H d U N (6 m U aa) C U c m O D li = W L O c r (n >, C rn m o ac' m .o aci °� rn o =IL) a' C.) `M m .o `O .� L m L C U I L m L C U O_ 0 9 .0 m LU I O .O t m L C UI CL w 3 E > 3 r i 3 c > 3 w C O1 0 s 3 5 w c ' 0__ 3 5 D a m�' •L+ U � � � w O)�'�+ N � 7 'O p w �' >+w � j � p w m�'� � � 9 U o ._ ._ ` U U 0 L i ` O U N O t C ` U ` O ,U Ut C ; (_' ` O U N O Li N .�., N t v U , N w6 U '= v O_ w9 t 'p m a L v O N -0 c N .6 O c N o($ w rn rn 0O c N otSw m �' °O c Not' w 9 E °' c 0 E °' � � � o °' " a�0i E 0 mm o � E CT aa) o E �' o O c w e Q m _w E m o '� o �^ . i U U v' >. C m C U !� Ti V a L O C m 7 O C m 'O U a' L D O U Cm i U L O U C �'mi Q. .2 m E °1 c ° a' a`' E y' S ° U a`' c`0i n E O7 c aa' cmi E °' ° a' m m E c T5 > 0'-o E c 'rn > a v > > �° E c 'y `> n 0 - m cmi E c 'w > CL t E o 0 0 c a' o o c o a' m o 0 0 ca' v I E 0 0 o O c o a, -j U z m w a LL - U z CO W LL LL W U E U z m wLL w ! U z m w a LL L. UU' Q m U O W LL C7 _ m U 0 W LL U' m vo' Q m U 0 WU 2 _ w Q m U O W LL (9 o Z` Z Z Z Z Z' Z i Z Z` Z' Z Z` Z` Z` Z 00 Z Z Z Z ZZ Z i o0 Z Z Z Z Z Z Zi .c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c 0 0 0 0 00 o I .c o 0 0 0 0 0 0 U rn rn rn rn rn rn rn O) 0) 0) 0) 0) 0) 0) 0) U rn rn rn rn rnrn 0' I U rn rn 0) 0) 0) 0 i m m m m m m m m m m m m m mf0 m i m m m m m m m mi U U U 0 U U U ( U U U U U U U U 20 0 0 U U U ( 2 0 0 0 U U U (-)I( N O 7 N N C) C)00 ❑ N It d N M - N N N a) M N N co c ((3 O co O C C a/ ❑ co 7 7 cu (Q aO m N "a co N N (0 m E (n E cn E cn E O O O O (B C C (6 "0 N C C (6 -O C C (6 � O C O N O N O O CO N N En (N6 (6 "a co (B -O 0 (6 Co (o N "O i -O c ` "a L ` -0 -C C ` -O L +- a 0) co -0of N co a -0 0 N C a)co -0 can N o -O O N O C a) (a (a M (a a ca N Co m (a cC NO Oc d O Q O C)- O a 0 � ( O -0 ( Nc C O a O O O cu a) OCD a N p cn L :3 cn d (a O .- f9 � O - m O ca c O 'c O 'c O 'c O c O N cn CD Cn CO In N co C cn a) m (v (n a) m (a +r J "O RS (a n a Vi c6 `� -O f 3cn -o E c c -o E c c a) -o o E c c -o E c c C: O (D c O a) L " c O a) c O a) O O O 0 0 �CU -0 O O -z-Co -0 Q- N a 0 "J � a c "J a Q U Q) a j � a U a a Q U a) a d 0 O .= cn c E � (n E -0 O � (n c E -° m c E a 0 s a aU p a) CZ i5 a) an d a � CD M O ) L +' 0 `� o -0 a a) �. E Q a U) w c (a r � Q > -C U .E U o _U W = C C U O C (�C (0 v (n U) E U) U U Q- a. ma o L- F U)= 0) -0 2 i U (n o (6 w U •` c C O a) LL Co 0- O O E C _ U U E U ma a co c w � c c° c cLa E w: a -C (n cn U L- a- 2 Li Li o U o o o V M , o o u m o a m c o a L) l L O L C U m O. 0 .0 t W L C U L L M o 0 U I O L L O N U I 3 E > 3 w c m a 3 5 3 = 3 5 > 3 L c 1 n = 3 > 3 w m 1 >' 0 a) 7 •O OC w Q)T L-' N w 01 �+w N N � p co � L.. Q) 0 'I O U O O L C U ` ° O O O L N O O O O L C i U N O O E L C 0 0 L L " a 'O O (0 p� L v F L "O •O f0 L O 'O . O aGi rn - rn m m ac) r) w v c n.6 v w rn , m -0o c dS � .� U) I E �° c "� O 2) � E 0 �6 c .� C E o m .m O m m a) .F o` y m ° T m-ffi m m` o °' >3p E °' o c L z, ` o a 0- � U O co a) C f0 .� L) L 7 0 C L d 7 �O N C ` 'C i d L 7 0 G c i C. °' c a a� w r@ E rn c o a m w E m c ° 0 m cf0i _ E Q' coi c "w '> v 7 ° E c 'y "> E c 'w > 0- -o 7 - U E c > ° 7 = 0 7 c ° O 'D 0 0 7 c E a) o 0 7 c ° (D -a 1 0 o c 0 -o z m w a LL w = J U z m w a LL E U z m w d LL w E - U z w a LL w CD L. •. U 0 w LL (U m _ v) Q CO U C w LL (D - N m U 0 w LL (7 2 = co Q m U w LL U` 2 = _ �' L' �' Z` Z' Z' Z' 00 Z' 2' 2' Z' Z' Z' o0 Z' �' Z' �' �' �' �' I O • 0 0 0 0 0 0 0 L 0 0 0 0 0 0 0 • L . 0 0 0 O O O O I L O 0 0 • 0 0 0 0 1 • m m m O) m O) O) U m m m m m m m • U • O) m m m m m 0) l U m m O) a m m m m I U U U 0 U U U z U U U U U U U l ( � 0 0 0 U U U U ( 20 0 0 • U U U U County of Fresno 23-10256 Page 1 of 3 Exhibit B Budget Detail and Payment Provisions 1. Invoicing and Payment A. In no event shall the Contractor request reimbursement from the State for obligations entered into or for costs incurred prior to the commencement date or after the expiration of this Agreement. B. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the Budget Line Items amounts specified in Attachment I of this Exhibit. C. The State, at its discretion, may designate an alternate invoice submission address. A change in the invoice address shall be accomplished via a written notice to the Contractor by the State and shall not require an amendment to this agreement. Invoices shall include the Agreement Number and shall be submitted electronically not more frequently than quarterly in arrears to: CLPPB Contract Manager CLPPBContractManagers(cDcdph.ca.gov D. Invoices shall: 1) Be prepared using the newly implemented and required electronic invoice process and template, which will be provided by CDPH Contract Manager. 2) Invoices must be submitted to CDPH electronically only. Hard copies are not required. Invoices must be submitted within thirty(30) calendar days after the end of each quarter. 3) Identify the billing and/or performance period covered by the invoice. 4) Itemize costs for the billing period in the same or greater level of detail as indicated in this agreement. Subject to the terms of this agreement, reimbursement may only be sought for those costs and/or cost categories expressly identified as allowable in this agreement and approved by CDPH. E. Amounts Payable The amounts payable under this agreement shall not exceed $4,719,083.00 in accordance with the total amount specified in Attachment I, of this Exhibit. 2. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. County of Fresno 23-10256 Page 2of3 Exhibit B Budget Detail and Payment Provisions 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5, commencing with Section 927. 4. Timely Submission of Final Invoice A. A final undisputed invoice shall be submitted for payment no more than thirty(30) calendar days following the expiration or termination date of this agreement, unless a later or alternate deadline is agreed to in writing by the program contract manager. Said invoice must be clearly marked "Final Invoice", indicating that all payment obligations of the State under this agreement have ceased and that no further payments are due or outstanding. The State may, at its discretion, choose not to honor any delinquent final invoice if the Contractor fails to obtain prior written State approval of an alternate final invoice submission deadline. B. The Contractor is hereby advised of its obligation to submit to the state, with the final invoice, a completed copy of the "Contractor's Release (Exhibit 1)". 5. Allowable Line Item Shifts (LIS) A. Subject to the prior review and approval of the State, line-item shifts of up to fifteen percent (15%) of the annual contract total, not to exceed a maximum of one hundred forty-two thousand two hundred $142,200) annually are allowed. B The $142,200 maximum limit shall be assessed annually and automatically adjusted by the State in accordance with cost-of-living index. Said adjustments shall not require a formal amendment. The State shall annually inform the Contractor in writing of the adjusted maximum total based on the California cost-of-living index rate as identified in the following link https://worldpopulationreview.com/state-rankings/cost-of-living-index- by state. Adjusted maximum amount will be reflected on any formal amendment thereafter. C. The Contractor shall adhere to State requirements regarding the process requesting approval to LIS. D. LIS may be proposed/requested by either the State or the Contractor. 6. Expense Allowability/ Fiscal Documentation A. Invoices, received from the Contractor and accepted for payment by the State, shall not be deemed evidence of allowable agreement costs. B. Contractor shall maintain for review and audit and supply to CDPH upon request, adequate documentation of all expenses claimed pursuant to this agreement to permit a determination of expense allowability. County of Fresno 23-10256 Page 3 of 3 Exhibit B Budget Detail and Payment Provisions C. If the allowability of an expense cannot be determined by the State because invoice detail, fiscal records, or backup documentation is nonexistent or inadequate according to generally accepted accounting principles or practices, all questionable costs may be disallowed and payment may be withheld by the State. Upon receipt of adequate documentation supporting a disallowed or questionable expense, reimbursement may resume for the amount substantiated and deemed allowable. 7. Recovery of Overpayments A. Contractor agrees that claims based upon the terms of this agreement or an audit finding and/or an audit finding that is appealed and upheld, will be recovered by the State by one of the following options: 1) Contractor's remittance to the State of the full amount of the audit exception within 30 days following the State's request for repayment; 2) A repayment schedule agreeable between the State and the Contractor. B. The State reserves the right to select which option as indicated above in paragraph A will be employed and the Contractor will be notified by the State in writing of the claim procedure to be utilized. C. Interest on the unpaid balance of the audit finding or debt will accrue at a rate equal to the monthly average of the rate received on investments in the Pooled Money Investment Fund commencing on the date that an audit or examination finding is mailed to the Contractor, beginning thirty (30) days after Contractor's receipt of the State's demand for repayment. D. If the Contractor has filed a valid appeal regarding the report of audit findings, recovery of the overpayments will be deferred until a final administrative decision on the appeal has been reached. If the Contractor loses the final administrative appeal, Contractor shall repay, to the State, the over-claimed or disallowed expenses, plus accrued interest. Interest accrues from the Contractor's first receipt of State's notice requesting reimbursement of questioned audit costs or disallowed expenses. 8. Travel and Per Diem Reimbursement Any reimbursement for necessary travel and per diem shall, unless otherwise specified in this Agreement, be at the rates currently in effect, as established by the California Department of Human Resources (Cal HR). If the Cal HR rates change during the term of the Agreement, the new rates shall apply upon their effective date and no amendment to this Agreement shall be necessary. No travel outside the state of California shall be reimbursed without prior authorization from the CDPH. Verbal authorization should be confirmed in writing. Written authorization may be in a form including fax or email confirmation. See CaIHR website: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx c ry N N ry m � � m v m R m c � N N N Q m O A m IO ml N N m IO �-• m N m ly y R N OI p 0 N N N c N O N N R e- Nw M N N O O N N N N W w N N W V C ] A O G U F.. m C V M V m m M Q Q Q m Q Q O m m n m m O O O N M M O �d m �- m m Q Q ll"1 Q m N „ Q m n M a O� 0 0 O1 0 N O m r c7 10 N Ol Ol m (O m m N O N d N M V' Q m ?Q m Ill M '6 m O O Q m N N N lMli R Imlt .� w fA lA Q� m m fA w m m e- m m m m in N N O m M M m m m m l0 M o ^ In ^ Q 4'I 10 m 0 O N N m c7 m t�1 t7 m M Q Q rn 0 Of vl ch 14 m Q m } a s a v a v e e v o 0 o e o 0 0 0 0 0 0 0 0 0 0 0 0 0 w o 0 0 0 0 0 0 0 0 0 0 0 0 i' oviuiviui00000000 LL lnrnrnmcooQrnrnlnn � rn m m Q Ol O m N N N � a r m m Q N m R O Q Q M O O N O Ih M N m I() m Q O m m O m N 0 O N d Q M O m Q R r Q Q Q t0 r IO m IO m O m r m IO m � M � � � m t0 m •- Q m � m N M Q r m m Q Q m N r •O N m O Q Q m m Q O N � N In m Q m •O N M •O m R m m m w N N O Q O Q M m m l0 0 0 0 N m n m o N m rn v In r r r m m m (Ii m r m m N In to VI N IA fA N c 6 m U d Q a } v a e o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w o 0 0 0 0 0 0 0 0 0 0 0 0 ~ N O) O) c0 c0 O Q m m V1 O O O LL N � t�l N m IO Q m m O r O r m m N IO m 0 0 m N 0 0 m to m ® Q m V C Q m m 0 N N Q O R O 0 OI m N m Q a i7 Q r m m n ., O IO O IO cr o c TOi m c` Q O IO m � 10 In m m N m m A O m Q Q m r N VI d O O ~ Q m E m m N m 0 M (O m (O M N 19 M R VI N m Q fy yj FR Q O m N N m m L d O 9 N N �U9 f9 fA fA to fA N fA m Y1 N 9 fA V3 9 (A w V In m pj ❑ M Q . c0 O O T O O O Q Q o0 m e m e a OI N0 N m N W O O Q Q IO N N N r m T m 0 — a M <+l N N m r r r N ID r A N m 0 L 9 N N Q r 0 Q N N N m m C N w m o = ornor <omAr r - rn o d < a a } e a e o 0 0 0 0 0 0 0 o e 0 0 0 0 0 0 0 0 0 0 0 0 0 w o 0 0 0 0 0 0 0 0 0 0 0 0 O ll'� l0 l0 lfi O IN 0 0 0 0 0 0 Inmrnlo cooQrnrnlnrn � o m m m c c c d m m - d lj `m — m K D: N c7 c7 c7 c7 c� c7 c7 c7 c7 c7 c7 i� w y ad `o m c 'v `0 0 C) N N N N a m m m m LL m m m m J d d O d U U) U) U) U) � lO fD l0 N Z = __ _ N N N f0 N l0 "O m fp tO tC C C C C Q � y U N 12 U) U) 0 0 0 0 N 9 h d Z Z a `o o c > > > > = m w m a m m E o U 0- N c c c c w m c�i c�i c�i W W W W Nm mco �ac°_°_- �a'�n_ru=�am > •QNd'vNm'vmdvrn'vwmo N�2- :a0E0i comm mc�c ammm U Fi 0 6r oa ai a- avWv0Crnaalww i O 0 0 Xm` c V- co�r � � General Terms and Conditions (GTC 04/2017) EXHIBIT C 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10 115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Contractor Certification Clauses CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number County of Fresno 94-6000512 By (Authorized Signature) ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California OE P Int d a and Title of Person Signing By Deputy Sal Quintero, Chairman of the Board of Supervisors of the County of Fresno Date Executed Executed in the County of l/ —"?9 _ a 3 Fresno CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro Bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. .Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or emdovees. or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of$100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of$100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. County of Fresno 23-10256 Page 1 of 19 Exhibit D Special Terms and Conditions (Rev 08/2022) (For Cooperative Agreement in accordance with HSC 38070) The provisions herein apply to this Agreement unless the provisions are removed by reference, the provisions are superseded by an alternate provision appearing elsewhere in this Agreement, or the applicable conditions do not exist. Index of Special Terms and Conditions 1. Procurement Rules 11. Officials Not to Benefit 2. Equipment Ownership / Inventory/ 12. Prohibited Use of State Funds for Disposition Software 3. Subcontract Requirements 13. Contract Uniformity (Fringe Benefit 4. Income Restrictions Allowability) 5. Site Inspection 14. Cancellation 6. Intellectual Property Rights 15. Executive Order N-6-22 Economic Sanctions 7. Prior Approval of Training Seminars, Workshops or Conferences 8. Confidentiality of Information 9. Documents, Publications, and Written Reports 10. Dispute Resolution Process County of Fresno 23-10256 Page 2 of 19 Exhibit D Special Terms and Conditions 1. Procurement Rules (Applicable 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 funds.) a. Equipment definitions Wherever the term equipment/property is used, the following definitions shall apply: (1) Major equipment/property: A tangible or intangible item having a base unit cost of $5,000 or more with a life expectancy of one (1) year or more and is either furnished by CDPH or the cost is reimbursed through this Agreement. Software and videos are examples of intangible items that meet this definition. (2) Minor equipment/property: A tangible item having a base unit cost of less than 5 000 with a life expectancy of one (1) year or more and is either furnished by CDPH or the cost is reimbursed through this Agreement. b. Government and public entities (including state colleges/universities and auxiliary organizations), whether acting as a contractor, 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 g of this provision. Paragraph c of this provision shall also apply, if equipment purchases are delegated to subcontractors that are nonprofit organizations or commercial businesses. c. Nonprofit organizations and commercial businesses, whether acting as a contractor and/or subcontractor, may secure commodities, supplies, equipment, and services related to such purchases for performance under this Agreement. (1) Equipment purchases shall not exceed $50,000 annually. To secure equipment above the annual maximum limit of$50,000, the Contractor shall make arrangements through the appropriate CDPH Program Contract Manager, to have all remaining equipment purchased through CDPH's Purchasing Unit. The cost of equipment purchased by or through CDPH shall be deducted from the funds available in this Agreement. Contractor shall submit to the CDPH Program 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 will be delivered 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 g of this provision. Paragraph b of this provision shall also apply, if equipment purchases are delegated to subcontractors that are either a government or public entity. County of Fresno 23-10256 Page 3of19 Exhibit D Special Terms and Conditions (3) Nonprofit organizations and commercial businesses, shall use a procurement system that 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 awarding procurement contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a procurement, or bid contract in which, to his or her knowledge, he or she has a financial 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 the following: [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 positive steps to utilize small and veteran owned businesses. d. Unless waived or otherwise stipulated in writing by CDPH, prior written authorization from the appropriate CDPH Program Contract Manager will be required before the Contractor will be reimbursed for any purchase exceeding $5,000 or more for commodities, supplies, equipment, and services related to such purchases. The Contractor must provide in its 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 public utility services at rates established for uniform applicability to the general public. e. In special circumstances, determined by CDPH (e.g., when CDPH has a need to monitor certain purchases, etc.), CDPH may require prior written authorization and/or the submission of paid vendor receipts for any purchase, regardless of dollar amount. CDPH reserves the right to either deny claims for reimbursement or to request repayment for any Contractor purchase that CDPH determines to be unnecessary in carrying out performance under this Agreement. f. The Contractor must maintain a copy or narrative description 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 at any time. g. For all purchases, the Contractor must maintain copies of all paid vendor invoices, documents, bids and other information used in vendor selection, for inspection or audit. Justifications supporting the absence of bidding (i.e., sole source purchases) shall also be maintained on file by the Contractor for inspection or audit. County of Fresno 23-10256 Page 4 of 19 Exhibit D Special Terms and Conditions 2. Equipment Ownership / Inventory / Disposition (Applicable to agreements in which equipment and/or property is furnished by CDPH and/or when said items are purchased or reimbursed with state) a. Wherever the terms equipment and/or property are used in this provision, the definitions in provision 1, paragraph a., shall 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, tagging and annual inventorying of all equipment and/or property that is furnished by CDPH or purchased/reimbursed with funds provided through this Agreement. Upon receipt of equipment and/or property, the Contractor shall report the receipt to the CDPH Program Contract Manager. To report the receipt of said items and to receive property tags, Contractor shall 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 enters into an agreement with a term of more than twelve months, the Contractor shall submit an annual inventory of state equipment and/or property to the CDPH Program Contract Manager using a form or format designated by CDPH's Asset Management Unit. If an inventory report form (i.e., Inventory/Disposition of CDPH-Funded Equipment) does not accompany this Agreement, Contractor shall request a copy from the CDPH Program Contract Manager. Contractor shall: (a) Include in the inventory report, equipment and/or property in the Contractor's possession and/or in the possession of a subcontractor (including 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 longer 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 incorporation or 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 rehabilitation of the Contractor's and/or Subcontractor's facility which may be affected by the removal of any state equipment and/or property. County of Fresno 23-10256 Page 5 of 19 Exhibit D Special Terms and Conditions d. The Contractor shall maintain and administer a sound business program for ensuring the proper use, maintenance, repair, protection, insurance, and preservation of state equipment and/or property. (1) In administering this provision, CDPH may require the Contractor to repair or replace, to CDPH's satisfaction, any damaged, lost, or stolen state equipment and/or property. Contractor shall immediately file a theft report with the appropriate police agency, or the California Highway Patrol and Contractor shall promptly submit one copy of the theft report to the CDPH Program Contract Manager. e. Unless otherwise stipulated by the program funding this Agreement, equipment and/or property purchased/reimbursed with agreement funds or furnished by CDPH under the terms of this Agreement, shall only be used for performance of this Agreement or another CDPH agreement. f. Within sixty (60) calendar days prior to the termination 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 shall, at that time, query CDPH as to the requirements, including the manner and method, of returning state equipment and/or property to CDPH. Final 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 immediately after receipt of the final inventory report. At the termination or conclusion of this Agreement, CDPH may at its discretion, authorize the continued use of state equipment and/or property for performance of work under a different CDPH agreement. g. Motor Vehicles (Applicable only if motor vehicles are purchased/reimbursed with agreement funds or furnished by CDPH under this Agreement.) (1) If motor vehicles are purchased/reimbursed or furnished by CDPH under the terms of this Agreement, within thirty (30) calendar days prior to the termination or end of this Agreement, the Contractor shall return such vehicles to CDPH and shall deliver all necessary documents of title or registration to enable the proper transfer of a marketable title to CDPH. (2) If motor vehicles are purchased/reimbursed or furnished by CDPH under the terms of this Agreement, the State of California shall be the legal owner of said motor vehicles and the Contractor shall be the registered owner. The Contractor shall only use said vehicles for the performance under the terms of this Agreement. (3) The Contractor agrees that all operators of motor vehicles, purchased/reimbursed or furnished by CDPH under the terms of this Agreement, shall hold a valid State of California driver's license. In the event that ten or more passengers are to be transported in any one vehicle, the operator shall also hold a State of California Class B driver's license. County of Fresno 23-10256 Page 6 of 19 Exhibit D Special Terms and Conditions (4) If any motor vehicle is purchased/reimbursed or furnished by CDPH under the terms of this Agreement, the Contractor, as applicable, shall provide, 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 possession: Automobile Liability Insurance (a) The Contractor, by signing this Agreement, hereby certifies that it possesses or will obtain automobile liability insurance in the amount of $1,000,000 per occurrence for bodily injury and property damage combined. Said insurance must be obtained and made effective upon the delivery date of any motor vehicle, purchased/reimbursed with agreement funds or furnished by CDPH under the terms of this Agreement, to the Contractor. (b) The Contractor shall, as soon as practical, furnish a copy of the certificate of insurance to the CDPH Program Contract Manager. The certificate of insurance shall identify the CDPH contract or agreement number for which the insurance applies. (c) The Contractor agrees that bodily 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 agrees 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, if not a self-insured government and/or public entity, must provide evidence, that any required certificates of insurance contain the following provisions: [1] The insurer will not cancel the insured's coverage without giving thirty (30) calendar days prior written notice to the State. [2] The State of California, its officers, agents, employees, and servants are included as additional insureds, but only with respect to work performed for the State under this Agreement and any extension or continuation of this Agreement [3] The insurance carrier shall notify CDPH, in writing, of the Contractor's failure to pay premiums; its cancellation of such policies; or any other substantial change, including, but not limited to, the status, coverage, or scope of the required insurance. Such notices shall contain a reference to each agreement number for which the insurance was obtained. County of Fresno 23-10256 Page 7 of 19 Exhibit D Special Terms and Conditions (f) The Contractor is hereby advised that 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 writing, if this provision is applicable to this Agreement. If DGS approval of the certificate of insurance is required, the Contractor agrees that no work or services shall be performed prior to obtaining said approval. (g) In the event the Contractor fails to keep insurance coverage, as required herein, in effect at all times during vehicle possession, CDPH may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. 3. Subcontract Requirements (Applicable to agreements under which services are to be performed by subcontractors including independent consultants.) a. Prior written authorization will be required before the Contractor enters into or is reimbursed for any subcontract for services exceeding $5,000 for any artices, supplies, equipment, or services. The Contractor shall obtain at least three competitive quotations which should be submitted, or adequate justification provided for the absence of bidding. b. CDPH reserves the right to approve or disapprove the selection of subcontractors and with advance written notice, require the substitution of subcontractors and require the Contractor to terminate subcontracts entered into in support of this Agreement. (1) Upon receipt of a written notice from CDPH requiring the substitution 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 applicable, within 30 calendar days, unless a longer period is agreed to by CDPH. c. Actual subcontracts (i.e., written agreement between the Contractor and a subcontractor) exceeding $5,000 are subject to the prior review and written approval of CDPH. d. Contractor shall maintain a copy of each subcontract entered into in support of this 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 responsibility for the payment of subcontractors used in the performance of this Agreement. f. The Contractor is responsible for all performance requirements under this Agreement even though performance may be carried out through a subcontract. County of Fresno 23-10256 Page 8of19 Exhibit D Special Terms and Conditions g. The Contractor shall ensure that all subcontracts for services include provision(s) requiring compliance with applicable terms and conditions specified in this Agreement and shall be the subcontractor's sole point of contact for all matters related to the performance and payment during the term of this Agreement. h. The Contractor agrees to include the following clause, relevant to record retention, in all subcontracts for services: "(Subcontractor Name) agrees to maintain and preserve, until three years after termination of (Agreement Number) and final payment from CDPH to the Contractor, to permit CDPH or any duly authorized representative, 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." 4. Income Restrictions Unless otherwise stipulated in this Agreement, the Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest 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 which the Contractor has been reimbursed by CDPH under this Agreement. 5. Site Inspection The State, through any authorized representatives, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder including subcontract supported activities 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 require Subcontractors 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 services performed. 6. Intellectual Property Rights a. Ownership (1) Except as set forth below and except where CDPH has agreed in a signed writing to accept a license, CDPH shall be and remain, without additional compensation, the sole owner of any and all rights,title and interest in all Intellectual Property,from the moment of creation, whether or not jointly conceived, that are made, conceived, derived from, or reduced to practice by Contractor or CDPH and which result directly or indirectly from this Agreement. Notwithstanding the foregoing or any other language in this Agreement, Contractor and not CDPG shall own Intellectual Property relating to any clinical lab test or lab assay that is made, conceived, derived from or reduced to practice by contractor, regardless of whether it results directly/indirectly from this Agreement ("Clinical Tests or Assays") County of Fresno 23-10256 Page 9 of 19 Exhibit D Special Terms and Conditions (2) For the purposes of this Agreement, Intellectual Property means recognized protectable rights and interest such as: patents, (whether or not issued) copyrights, trademarks, service marks, applications for any of the foregoing, inventions, trade secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right of publicity, author's rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices, business processes, developments, innovations, good will and all other legal rights protecting intangible proprietary information as may exist now and/or here after come into existence, and all renewals and extensions, regardless 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 Property, "works" means all literary works, writings and printed matter including the medium by which they are recorded or reproduced, photographs, art work, pictorial and graphic representations and works of a similar nature, film, motion pictures, digital images, animation cells, and other audiovisual works including positives and negatives thereof, sound recordings, tapes, educational materials, interactive videos and any other materials or products created, produced, conceptualized and fixed in a tangible medium of expression. It includes preliminary and final products and any materials and information developed for the purposes of producing those final products. Works does not include articles submitted to peer review or reference journals or independent research projects. (3) In the performance of this Agreement, Contractor will exercise and utilize certain of its Intellectual Property in existence prior to the effective date of this Agreement. In addition, under this Agreement, Contractor may access and utilize certain of CDPH's Intellectual Property in existence prior to the effective date of this Agreement. Except as otherwise set forth herein, Contractor shall not use any of CDPH's Intellectual Property now existing or hereafter existing for any purposes without the prior written permission of CDPH. Except as otherwise set forth herein, neither the Contractor nor CDPH 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 Intellectual Property that is licensed to CDPH, Contractor agrees to abide by all license and confidentiality restrictions applicable to CDPH in the third-party's license agreement. County of Fresno 23-10256 Page 10 of 19 Exhibit D Special Terms and Conditions (4) Contractor agrees to cooperate with CDPH in establishing or maintaining CDPH's exclusive rights in the Intellectual Property, and in assuring CDPH's sole rights against third parties with respect to the Intellectual Property. If the Contractor enters into any agreements or subcontracts with other parties in order to perform this Agreement, Contractor shall require the terms of the Agreement(s) to include all Intellectual Property provisions. Such terms must include, but are not limited to, the subcontractor assigning and agreeing to assign to CDPH all rights, title, and interest in Intellectual Property other than Clinical Tests or Labe Assays made, conceived, derived from, or reduced to practice by the subcontractor, Contractor or CDPH and which result directly 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 testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce CDPH's Intellectual Property rights and interests. b. Retained Rights / License Rights (1) Except for 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, irrevocable, perpetual, non-terminable license to use, reproduce, manufacture, sell, offer to sell, 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 incorporated in the Intellectual Property resulting from this Agreement, unless Contractor assigns all rights, title and interest in the Intellectual Property as set forth herein. (2) Nothing in this provision shall restrict, limit, or otherwise prevent Contractor from using any ideas, concepts, know-how, methodology or techniques related to its performance under this Agreement, provided that Contractor's use does not infringe the patent, copyright, trademark rights, license or other Intellectual Property rights of CDPH or third party, or result in a breach or default of any provisions of this Exhibit or result in a breach of any provisions of law relating to confidentiality. County of Fresno 23-10256 Page 11 of 19 Exhibit D Special Terms and Conditions c. Copyright (I) 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 behalf 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 entered into an agreement with Contractor to perform the work. Contractor shall enter into a written agreement with any such person that: (i) all work performed for Contractor shall be deemed a "work made for hire" under the Copyright Act and (ii) that person shall assign all right, title, and interest to CDPH to any work product made, conceived, derived from, or reduced to practice by Contractor or CDPH and which result directly or indirectly from this Agreement. (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 indirectly from this Agreement, shall include CDPH's notice of copyright, which shall read in 3mm or larger typeface: "© [Enter Current Year e.g., 2014, etc.], Department of Public Health. This material may not be reproduced or disseminated without prior written permission from the Department of Public Health." 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. Third-Party Intellectual Property Except as provided herein, Contractor agrees that its performance of this Agreement shall not be dependent upon or include any Intellectual Property of Contractor or third party without first: (i) obtaining CDPH's prior written approval; and (ii) granting to or obtaining for CDPH, without additional compensation, a license, as described in Section b of this provision, for any of Contractor's or third-party's Intellectual Property in existence prior to the effective date of this Agreement. If such a license upon 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, Contractor shall obtain a license under terms acceptable to CDPH. County of Fresno 23-10256 Page 12 of 19 Exhibit D Special Terms and Conditions e. Warranties (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 rights and licenses necessary for its performance of this Agreement. (c) Neither Contractor's performance of this Agreement, nor the exercise by either Party of the rights granted in this Agreement, nor any use, reproduction, manufacture, sale, offer to sell, import, export, modification, public and private display/performance, distribution, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Contractor or CDPH and which result directly or indirectly from this Agreement will infringe upon or violate any Intellectual Property right, non-disclosure obligation, or 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 any 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 violate the right of privacy of or constitute a libel or slander against any person or entity. (e) It has secured and will secure all rights and licenses necessary for Intellectual Property including, but not limited to, consents, waivers, or releases from all authors of music or performances used, and talent (radio, television and motion picture talent), owners of any interest in and to real estate, sites, locations, property or props that may be used or shown. (f) It has not granted and shall not grant to any person or entity any right that 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 that state funds will not be used in the performance of this Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. (h) It has no knowledge of any outstanding claims, licenses or other charges, liens, or encumbrances of any kind or nature whatsoever that could affect in any way Contractor's performance of this Agreement. (2) CDPH MAKES NO WARRANTY THAT THE. INTELLECTUAL PROPERTY RESULTING FROM THIS AGREEMENT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR THE LIKE, NOW EXISTING OR SUBSEQUENTLY ISSUED. County of Fresno 23-10256 Page 13 of 19 Exhibit D Special Terms and Conditions f. Intellectual Property Indemnity (1) Contractor shall indemnify, defend and hold harmless CDPH and its licensees and assignees, and its officers, directors, employees, agents, representatives, successors, and users of its products, ("Indemnitees") from and against all claims, 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 related thereto (including, 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 Indemnitees may be subject, whether or not Contractor is a party to any pending or threatened litigation, which arise out of or are related to (i) the incorrectness or breach of any of the representations, warranties, covenants or agreements of Contractor pertaining to Intellectual Property; or (ii) any Intellectual Property infringement, or any other type of actual or alleged infringement claim, arising out of CDPH's use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private performance/display, license, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Contractor or CDPH and which result directly or indirectly from this Agreement. This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that issued after the effective date of this Agreement. CDPH reserves the right to participate in and/or control, at Contractor's expense, any such infringement action brought against CDPH. (2) Should any Intellectual Property licensed by the Contractor to CDPH under this 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 CDPH. CDPH shall have the right to monitor and appear through its own counsel (at Contractor's expense) in any such claim or action. In the defense or settlement of the claim, Contractor may obtain the right for CDPH to continue using the licensed Intellectual Property; or, replace or modify the licensed Intellectual Property so that the replaced or modified Intellectual Property becomes non-infringing provided that such replacement or modification is functionally equivalent to the original licensed Intellectual Property. If such remedies are not reasonably available, CDPH shall be entitled to a refund of all monies paid under this Agreement, without restriction or limitation of any other rights and remedies available at law or in equity. (3) Contractor agrees that damages alone would be inadequate to compensate CDPH for breach of any term of this Intellectual Property Exhibit by Contractor. Contractor acknowledges CDPH would suffer irreparable harm in the event of such breach and agrees CDPH shall be entitled to obtain equitable relief, including without 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. County of Fresno 23-10256 Page 14 of 19 Exhibit D Special Terms and Conditions g. Survival The provisions set forth herein shall survive any termination or expiration of this Agreement or any project schedule. 7. Prior Approval of Training Seminars, Workshops or Conferences Contractor shall obtain prior CDPH approval of the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop, or conference conducted pursuant to this Agreement and of any reimbursable publicity 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 Contractor in order to conduct routine business matters. 8. Confidentiality of Information The Contractor and its employees, agents, or subcontractors shall: a. Protect from unauthorized disclosure names and other identifying information concerning persons either receiving services pursuant to this Agreement or persons whose names or identifying information become available or are disclosed to the Contractor, its employees, agents, or subcontractors as a result of services performed under this Agreement, except for statistical information not identifying any such person. b. Not use such identifying information for any purpose other than carrying out the Contractor's obligations under this Agreement. c. Promptly transmit to the CDPH Contract Manager all requests for disclosure of such identifying information not emanating from the client or person. d. Not disclose, except as otherwise specifically permitted by this Agreement or authorized by the client, any such identifying information to anyone other than CDPH without prior written authorization from the CDPH Contract Manager, except if disclosure is required by State or Federal law. e. For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying particular assigned to the individual, such as finger or voice print or a photograph. f. As deemed applicable by CDPH, this provision may be supplemented by additional terms and conditions covering personal health information (PHI) or personal, sensitive, and/or confidential information (PSCI). Said terms and conditions will be outlined in one or more exhibits that will either be attached to this Agreement or incorporated into this Agreement by reference. County of Fresno 23-10256 Page 15 of 19 Exhibit D Special Terms and Conditions 9. Documents, Publications and Written Reports (Applicable to agreements over $5,000 under which publications, written reports and documents are developed 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 contain, 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. 10. Dispute Resolution Process a. A Contractor grievance exists whenever there is a dispute arising from CDPH's action in the administration of an agreement. If there is a dispute or grievance between the Contractor and CDPH, the Contractor must seek resolution using the procedure outlined below. (1) The Contractor should first informally discuss the problem with the CDPH Program Contract Manager. If the problem cannot be resolved informally, the Contractor shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the Contractor's position and the remedy sought. The Branch Chief shall render a decision within ten (10) working days after receipt of the written grievance from the Contractor. The Branch Chief shall respond in writing to the Contractor indicating the decision and reasons, therefore. If the Contractor disagrees with the Branch Chief's decision, the Contractor may appeal to the second level. (2) When appealing to the second level, the Contractor must prepare an appeal indicating the reasons for disagreement with Branch Chief's decision. The Contractor shall include with the appeal a copy of the Contractor's original statement of dispute along with any supporting evidence and a copy of the Branch Chief's decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief's decision. The Deputy Director of the division in which the branch is organized, or his/her designee, shall meet with the Contractor to review the issues raised.A written decision signed by the Deputy Director of the division in which the branch is organized, or his/her designee, shall be directed to the Contractor within twenty (20) working days of receipt of the Contractor's second level appeal. b. If the Contractor wishes to appeal the decision of the Deputy Director of the division 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 Section 1140) of the California Code of Regulations). County of Fresno 23-10256 Page 16 of 19 Exhibit D Special Terms and Conditions c. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation, or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. d. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the CDPH Contract Manager. e. There are organizational differences within CDPH's funding programs, and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Contractor shall be notified in writing by the CDPH Contract Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level. 11. 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. 12. Prohibited Use of State Funds for Software 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 maintenance of computer software in violation of copyright laws. 13. Contract Uniformity (Fringe Benefit Allowability) (Applicable only to nonprofit organizations.) Pursuant to the provisions of Article 7 (commencing with Section 100525) of Chapter 3 of Part 1 of Division 101 of the Health and Safety Code, CDPH sets forth the following policies, procedures, and guidelines 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 addition to one's regular or normal wages or salary. County of Fresno 23-10256 Page 17 of 19 Exhibit D Special Terms and Conditions 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 regular or normal salaries and wages, annual leave, vacation, sick leave, holidays, jury duty and/or military leave/training. (2) Director's and executive committee member's fees. (3) Incentive awards and/or bonus incentive pay. (4) Allowances for off-site pay. (5) Location allowances. (6) Hardship pays. (7) Cost-of-living differentials c. Specific allowable 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), employee health plans (i.e., health, dental and vision), unemployment insurance, worker's compensation insurance, and the employer's share of pension/retirement plans, provided they are granted in accordance with established written organization policies and meet all legal and Internal 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 generally accepted accounting principles. (3) Be consistent with policies that apply uniformly to all activities of the Contractor. e. Contractor agrees that all fringe benefits shall be at actual cost. f. Earned/Accrued Compensation (1) Compensation for vacation, sick leave and holidays is limited to that amount earned/accrued within the agreement term. Unused vacation, sick leave and holidays earned from periods prior to the agreement term cannot be claimed 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 paid, due to employee(s) not taking time off may be carried over and claimed within the overall term of the multiple years of the Agreement. Holidays cannot be carried over from one agreement year to the next. See Provision f(3)(b) for an example. (3) For single year agreements, vacation, sick leave and holiday compensation that is earned/accrued 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. County of Fresno 23-10256 Page 18 of 19 Exhibit D Special Terms and Conditions (a) Example No. 1: If an employee, John Doe, earns/accrues three weeks of vacation and twelve days of sick leave each year, then that is the maximum amount that may be claimed during a one-year 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 weeks of vacation and twelve days of sick leave as actually used by the employee. Amounts earned/accrued in periods prior to the beginning of the Agreement are not an allowable cost. (b) Example No. 2: If during a three-year (multiple year) agreement, John Doe does not use his three weeks of vacation in year one, or his three weeks in year two, but he does actually use nine weeks in year three; the Contractor would 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 year agreement, John Doe works fifty 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. 14. Cancellation A. This agreement may be cancelled by CDPH without cause upon 30 calendar days advance written notice to the Contractor. B. CDPH reserves the right to cancel or terminate this agreement immediately for cause. The Contractor may submit a written request to terminate this agreement only if CDPH substantially fails to perform its responsibilities as provided herein. C. The term "for cause" shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of this agreement. D. Agreement termination or cancellation shall be effective as of the date indicated in CDPH's notification to the Contractor. The notice shall stipulate any final performance, invoicing or payment requirements. E. Upon receipt of a notice of termination or cancellation, the Contractor shall take immediate steps to stop performance and to cancel or reduce subsequent agreement costs. County of Fresno 23-10256 Page 19 of 19 Exhibit D Special Terms and Conditions F. In the event of early cancellation or termination, the Contractor shall be entitled to compensation for services performed satisfactorily under this agreement and expenses incurred up to the date of cancellation and any non-cancelable obligations incurred in support of this agreement. 15. Executive Order N-6-22 - Economic Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. Prior to awarding and executing contracts, the State shall conduct its due diligence to determine if the proposed awardee is a named individual or entity on federal and any state Economic Sanctions lists. If the proposed awardee is listed, the State shall refrain from entering into the Contract. Resources for locating names of sanctioned individuals and entities are available on the DGS Office of Legal Services' webpage: Ukraine-Russia (ca.gov). If this Agreement is valued at $5 million or more, upon execution the State will send a separate notification outlining additional requirements specified under the EO. Compliance with this Economic Sanctions imposed in response to Russia's actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https:Hhome.treasury.gov/policy-issues/financial-sanctions/sanctionsprograms-and- country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of this Agreement. County of Fresno 23-10256 Page 1 of 4 Exhibit E Additional Provisions 1. Additional Incorporated Documents A. The following documents and any subsequent updates are not attached, but are incorporated herein and made a part hereof by this reference. These documents may be updated periodically by CDPH, as required by program directives. CDPH shall provide the Contractor with copies of said documents and any periodic updates thereto, under separate cover. CDPH will maintain on file, all documents referenced herein and any subsequent updates. 1) CDPH Health Administrative Manual Section 6-1000 2) CLPPB Program Letter 3) Lead Poisoning Follow-up Form 4) CLPPB Progress Report 5) CLPPB Surveillance and Data Management Manual 6) CLPPB Public Health Nursing (PHN) Manual and Updates 7) Environmental Health on the Childhood Lead Poisoning Prevention (CLPP)Team, Interim Guidance, August 1998 and Updates 8) Minimum Environmental Investigation Sampling Strategies (3/01 and Updates) 9) Lead Test Kit Fact Sheet 3/01 2. Insurance Requirements A. General Provisions Applying to All Policies 1) Coverage Term — Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate and required endorsements must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must comply with the original Agreement terms. 2) Policy Cancellation or Termination and Notice of Non-Renewal— Contractor shall provide to the CDPH within five (5) business days following receipt by Contractor a copy of any cancellation or non-renewal of insurance required by this Contract. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the CDPH may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract. 3) Premiums. Assessments and Deductibles— Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program. 4) Primary Clause—Any required insurance contained in this Agreement shall be primary and not excess or contributory to any other insurance carried by the CDPH. 5) Insurance Carrier Required Rating —All insurance companies must carry an AM Best rating of at least"A—"with a financial category rating of no lower than VI. If Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. 6) Endorsements—Any required endorsements requested by the CDPH must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. County of Fresno 23-10256 Page 2 of 4 Exhibit E Additional Provisions 7) Inadequate Insurance— Inadequate or lack of insurance does not negate Contractor's obligations under the Agreement. 8) Use of Subcontractors - In the case of Contractor's utilization of Subcontractors to complete the contracted scope of work, Contractor shall include all Subcontractors as insured under Contractor's insurance or supply evidence of the Subcontractor's insurance to the CDPH equal to policies, coverages, and limits required of Contractor. B. Insurance Coverage Requirements Contractor shall display evidence of certificate of insurance evidencing the following coverage: 1) Commercial General Liability —Contractor shall maintain general liability with limits not less than $1,000,000 per occurrence for bodily injury and property damage combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent Contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured Agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to Contractor's limit of liability. The policy shall be endorsed to include, "The State of California, its officers, agents, employees, and servants as additional insured, but only insofar as the operations under this Agreement are concerned." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. 2) Automobile Liability (when required)— Contractor shall maintain motor vehicle liability insurance with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles. Should the scope of the Agreement involve transportation of hazardous materials, evidence of an MCS-90 endorsement is required. The policy shall be endorsed to include, "The State of California, its officers, agents, employees, and servants as additional insured, but only insofar as the operations under this Agreement are concerned." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. 3) Worker's Compensation and Employer's Liability (when required)—Contractor shall maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer's liability limits of$1,000,000 are required. When work is performed on State owned or controlled property the policy shall contain a waiver of subrogation endorsement in favor of the State. This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. 4) Professional Liability (when required)—Contractor shall maintain professional liability covering any damages caused by a negligent error; act or omission with limits not less than $1,000,000 per occurrence and $1,000,000 policy aggregate. The policy's retroactive date must be displayed on the certificate of insurance and must be before the date this Agreement was executed or before the beginning of Agreement work. County of Fresno 23-10256 Page 3 of 4 Exhibit E Additional Provisions 5) Environmental/Pollution Liability (when required)— Contractor shall maintain pollution liability for limits not less than $1,000,000 per claim covering Contractor's liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site as well as transportation and proper disposal of hazardous materials. The policy shall be endorsed to include, "The State of California, its officers, agents, employees, and servants as additional insured, but only insofar as the operations under this Agreement are concerned." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. 6) Aircraft Liability (when required) - Contractor shall maintain aircraft liability with a limit not less than $3,000,000. The policy shall be endorsed to include, "The State of California, its officers, agents, employees and servants as additional insured, but only insofar as the operations under this Agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management. 3. Local Health Jurisdiction Customization Provide a brief summary of the unique needs of your population and LHJ program, typical sources of lead exposure, and identified areas for growth to meet the Program vision and mission. This will assist in tailoring the SOW template for your LHJ. Fresno County has a higher share of people younger than 25 years of age, a higher proportion of Latinos, and nearly double the rate of child poverty (36.5% vs. 20.8%) than California as a whole (Fresno County Community Health Needs Assessment, 2020). Fresno County is home to a broad spectrum of cultures, languages, and racial/ethnic minorities and these communities of color are particularly affected by poverty. With a M/C rate of nearly 50%, our healthcare system has three components that are identified as priority areas including access to quality and affordable care, access to specialty care, and cultural humility and appropriate services within the healthcare system for children that are exposed or poisoned by lead. In Fresno County, typical sources of lead exposure come from lead-based paint dust. Identified areas for growth to meet the Program vision and mission are identified as continuing to provide outreach and education to the community, community partners, and primary care providers and other health care workers. Fresno County would also like to be proactive in prevention of lead poisoning by bringing about more awareness through more collaborations with property owners and landlords. . 4. Cooperative Agreement This agreement is a Cooperative Agreement Act, pursuant to Health and Safety Code 38070 et.seq. The cooperative agreement involves parties working side-by-side to meet the Program mission and enhance the reach of childhood lead poisoning prevention statewide. For the optimal Program impact, active participation and feedback are essential. Contractor will provide local perspectives to CLPPB as resources allow, including to support development of Program best practices, assess effectiveness of training and guidance, and ensure quality of services provided. County of Fresno 23-10256 Page 4 of 4 Exhibit E Additional Provisions 5. Program Monitoring CLPPB will conduct program evaluations, including program monitoring reviews (i.e., site reviews) to ensure that the Contractor's program operations and fiscal management procedures are in compliance. CLPPB reserves the right to conduct a program monitoring review. The Contractor must comply with all requirements of the program monitoring process. Contractors found to be out of compliance during program monitoring may be subject to more frequent monitoring, and if findings are not corrected, sanctions may be imposed. California Department of Public Health Exhibit F Federal Terms and Conditions (For federally funded Cooperative Agreements) The use of headings or titles throughout this exhibit is for convenience only and shall not be used to interpret or to govern the meaning of any specific term or condition. The terms "Contractor" and "Subcontractor" shall also mean, "agreement', "contract", "contract agreement', "Contractor" and "Subcontractor" respectively. The terms "California Department of Public Health" and "CDPH" shall have the same meaning and refer to the California State agency that is a party to this Agreement. This exhibit contains provisions that require strict adherence to various contracting laws and policies. Index of Special Terms and Conditions 1. Federal Contract Funds 2. Federal Equal Employment Opportunity Requirements 3. Debarment and Suspension Certification 4. Covenant Against Contingent Fees 5. Lobbying Restrictions and Disclosure Certification 6. Additional Restrictions (rev. 10/14) Page 1 of 8 California Department of Public Health— Federal Terms and Conditions Exhibit F 1. Federal Contract Funds Applicable only to that portion of an agreement funded in part or whole with federal funds. a. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. b. This agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the fiscal years covered by the term of this Agreement. In addition,this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this Agreement in any manner. c. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. d. CDPH has the option to invalidate or cancel the Agreement with 30-days advance written notice or to amend the Agreement to reflect any reduction in funds. 1. Federal Equal Opportunity Requirements Applicable to all federally funded agreements entered into by the California Department of Public Health (CDPH). a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, physical or mental handicap, disability, age or status as a disabled veteran or veteran of the Vietnam era. The Contractor will take affirmative action to ensure that qualified applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, physical or mental handicap, disability, age or status as a disabled veteran or veteran of the Vietnam era. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and career development opportunities and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Federal Government or CDPH, setting forth the provisions of the Equal Opportunity clause, Section 503 of the Rehabilitation Act of 1973 and the affirmative action clause required by the Vietnam Era Veterans' Readjustment Assistance Act of 1974(38 U.S.C.4212). Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified applicants without discrimination based on their race, color, religion, sex, national origin physical or mental handicap, disability, age or status as a disabled veteran or veteran of the Vietnam era and the rights of applicants and employees. b. The Contractor will, in all solicitations or advancements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin physical or mental handicap, disability, age or status as a disabled veteran or veteran of the Vietnam era. c. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice, to be provided by the Federal Government or the State, advising the labor union or workers' representative of the Contractor's commitments under the provisions herein and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The 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. 4212) and of the Federal Executive Order No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," and of the rules, regulations, and relevant orders of the Secretary of Labor. (rev. 10/14) Page 2 of 8 California Department of Public Health—Federal Terms and Conditions Exhibit F e. The Contractor will furnish all information and reports required by Federal Executive Order No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," and the Rehabilitation Act of 1973, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the State and its designated representatives and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the Contractor's noncompliance with the requirements of the provisions herein or with any federal rules, regulations, or orders which are referenced herein, this Agreement may be cancelled, terminated,or suspended in whole or in part and the Contractor may be declared ineligible for further federal and state contracts in accordance with procedures authorized in Federal Executive Order No. 11246 as amended and such other sanctions may be imposed and remedies invoked as provided in Federal Executive Order No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Federal Executive Order No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," or Section 503 of the Rehabilitation Act of 1973 or (38 U.S.C. 4212) of the Vietnam Era Veteran's Readjustment Assistance Act, so that such provisions will be binding upon each 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 or CDPH may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event the Contractor becomes involved in,or is threatened with litigation by a subcontractor or vendor as a result of such direction by CDPH, the Contractor may request in writing to CDPH, who, in turn, may request the United States to enter into such litigation to protect the interests of the State and of the United States. 2. Debarment and Suspension Certification a. By signing this Agreement, the Contractor/Subcontractor 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 Contractor certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency; (2) Have not within a three-year period preceding this application/proposal/agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in Paragraph b(2) herein; and (4) Have not within a three-year period preceding this application/proposal/agreement had one or more public transactions (Federal, State or local)terminated for cause or default. (rev. 10/14) Page 3 of 8 California Department of Public Health— Federal Terms and Conditions Exhibit F (5) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under federal regulations (i.e., 48 CFR part 9, subpart 9.4), debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State. (6) Will include a clause entitled, "Debarment and Suspension Certification" that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. c. If the Contractor is unable to certify to any 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 implementing Federal Executive Order 12549. e. If the Contractor knowingly violates this certification, in addition to other remedies available to the Federal Government, the CDPH may terminate this Agreement for cause or default. 3. Covenant Against Contingent Fees The Contractor warrants that no person or selling agency has been employed or retained to solicit/secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies retained by the Contractor for the purpose of securing business. For breach or violation of this warranty, CDPH shall have the right to annul this Agreement without liability or in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, and brokerage or contingent fee. 4. Lobbying Restrictions and Disclosure Certification Applicable to federally funded agreements in excess of$100,000 per Section 1352 of the 31, U.S.C. a. Certification and Disclosure Requirements (1) Each person (or recipient) who requests or receives a contract 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 file a certification (in the form set forth in Attachment 1, consisting of one page, entitled "Certification Regarding Lobbying") that the recipient has not made, and will not make, any payment prohibited by Paragraph b of this provision. (2) Each recipient shall file a disclosure(in the form set forth in Attachment 2, entitled "Standard Form-LLL `disclosure of Lobbying Activities"') if such recipient has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered federal action) in connection with a contract, or grant or any extension or amendment of that contract, or grant, which would be prohibited under Paragraph b of this provision if paid for with appropriated funds. (3) Each recipient shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affect the accuracy of the information contained in any disclosure form previously filed by such person under Paragraph a(2) herein. An event that materially affects the accuracy of the information reported includes: (a) A cumulative increase of$25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; (b) A change in the person(s)or individuals(s) influencing or attempting to influence a covered federal action; or (c) A change in the officer(s), employee(s), or member(s) contacted for the purpose of influencing or attempting to influence a covered federal action. (4) Each person (or recipient)who requests or receives from a person referred to in 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 certification, and a disclosure form, if required, to the next (rev. 10/14) Page 4 of 8 California Department of Public Health— Federal Terms and Conditions Exhibit F tier above. (5) All disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the person referred to in Paragraph a(1)of this provision. That person shall forward all disclosure forms to CDPH Program Contract Manager. b. Prohibition Section 1352 of Title 31, U.S.C., provides in part that no appropriated funds may be expended by the recipient of a federal contract or agreement, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered federal actions: the awarding of any federal contract or agreement, the making of any federal grant,the making of any federal loan,entering into of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any federal contract or agreement, grant, loan, or cooperative agreement. 5. Additional Restrictions Applicable to all contracts funded in whole or in part with funding from the federal Departments of Labor, Health and Human Services (including 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), which provides that: "SEC. 503.(a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government. (c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control." (rev. 10/14) Page 5 of 8 California Department of Public Health —Federal Terms and Conditions Exhibit F Attachment 1 STATE OF CALIFORNIA CALIFORNIA DEPARTMENT OF PUBLIC HEALTH CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making, awarding or entering into of this Federal contract, Federal grant, or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of this Federal contract, grant, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency of the United States Government, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities" in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractor's, subcontracts, and contracts under cooperative agreements) of$100,000 or more, and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C., any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. County of Fresno Sal Quintero Name of Contractor Printed Name of Person Signing for Contractor 23-10256 Contract Number Sign lure f Pe on Si ing for Contractor // 1281-023 Chairman, Board of Supervisors, County of Fresno Date Title ATTEST: BERNICE E.SEIDEL After execution by or on behalf of Contractor, please return to: Clerk of the Board of Supervisors Countv of Fresno,State of California California Department of Public Health By L Deputy Childhood Lead Poisoning Prevention Branch Attn: Contract Managers 850 Marina Bay Parkway, 3rd Floor Building P Richmond, CA 94804-6403 CDPH reserves the right to notifiy the Contractor in writing of an alternate submission address. (rev. 10/14) Page 6 of 8 California Department of Public Health—Federal Terms and Conditions Exhibit F Attachment 2 CERTIFICATION REGARDING LOBBYING Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0346-0046 (See reverse for public burden disclosure) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: [ ] a. contract [ ] a. bid/offer/application [ ] a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan e. loan guarantee Year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,Enter Name and Address of Prime: ❑ Prime ❑Subawardee Tier _,if known: Congressional District,If known: Congressional District,If known: 6. Federal Department/Agency 7. Federal Program Name/Description: CDFA Number,if applicable: 8. Federal Action Number,if known: 9. Award Amount,if known: 10.a. Name and Address of Lobbying Registrant b. Individuals Performing Services(including address if different from (If individual,last name,first name,MI): 10a. (Last name,First name,MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material Signature: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is Print Name: required pursuant to 31 U.S.C.1352.This information will be available for public inspection.required disclosure shall be subject to a not more Title: than$100,000 for each such failure. Telephone No.: Date: Federal Use Only Authorized for Local Reproduction Standard Form-LLL(Rev.7-97) (rev. 10/14) Page 7 of 8 California Department of Public Health—Federal Terms and Conditions Exhibit F INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial fling and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report.If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity. Include Congressional District,if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgranls and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizational level below agency name,if known.For example, Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA) number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP)number;Invitation for Bid(IFB)number;grant announcement number;the contract,grant,or loan award number;the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial (MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington,DC 20503. (rev. 10/14) Page 8 of 8 County of Fresno 23-10256 Page 1 of 10 Exhibit G Information Privacy and Security Requirements This Information Privacy and Security Requirements Exhibit (Exhibit) sets forth the information privacy and security requirements Contractor is obligated to follow with respect to all personal and confidential information (as defined herein) disclosed to Contractor, or collected, created, maintained, stored, transmitted or used by Contractor for or on behalf of the California Department of Public Health ( CDPH), pursuant to Contractor's agreement with CDPH. (Such personal and confidential information is referred to herein collectively as CDPH PCI.) CDPH and Contractor desire to protect the privacy and provide for the security of CDPH PCI pursuant to this Exhibit and in compliance with state and federal laws applicable to the CDPH PCI. I. Order of Precedence: With respect to information privacy and security requirements for all CDPH PCI, the terms and conditions of this Exhibit shall take precedence over any conflicting terms or conditions set forth in any other part of the agreement between Contractor and CDPH, including Exhibit A (Scope of Work), all other exhibits and any other attachments, and shall prevail over any such conflicting terms or conditions. II. Effect on lower tier transactions: The terms of this Exhibit shall apply to all contracts, subcontracts, and subawards, and the information privacy and security requirements Contractor is obligated to follow with respect to CDPH PCI disclosed to Contractor, or collected, created, maintained, stored, transmitted or used by Contractor for or on behalf of CDPH, pursuant to Contractor's agreement with CDPH. When applicable the Contractor shall incorporate the relevant provisions of this Exhibit into each subcontract or subaward to its agents, subcontractors, or independent consultants. III. Definitions: For purposes of the agreement between Contractor and CDPH, including this Exhibit, the following definitions shall apply: A. Breach: "Breach" means: 1. the unauthorized acquisition, access, use, or disclosure of CDPH PCI in a manner which compromises the security, confidentiality, or integrity of the information; or 2. the same as the definition of"breach of the security of the system" set forth in California Civil Code section 1798.29(f). B. Confidential Information: "Confidential information" means information that: 1. does not meet the definition of"public records" set forth in California Government Code section 6252(e), or is exempt from disclosure under any of the provisions of Section 6250, et seq. of the California Government Code or any other applicable state or federal laws; or 2. is contained in documents, files, folders, books, or records that are clearly labeled, marked or designated with the word "confidential" by CDPH. C. Disclosure: "Disclosure" means the release, transfer, provision of, access to, or divulging in any manner of information outside the entity holding the information. D. PCI: "PCI" means "personal information" and "confidential information" (as these terms are defined herein: CDPH IPSR 9-22 County of Fresno 23-10256 Page 2 of 10 Exhibit G Information Privacy and Security Requirements E. Personal Information: "Personal information" means information, in any medium (paper, electronic, oral) that: 1. directly or indirectly collectively identifies or uniquely describes an individual; or 2. could be used in combination with other information to indirectly identify or uniquely describe an individual, or link an individual to the other information; or 3. meets the definition of"personal information" set forth in California Civil Code section 1798.3, subdivision (a) or 4. is one of the data elements set forth in California Civil Code section 1798.29, subdivision (g)(1) or (g)(2); or 5. meets the definition of"medical information" set forth in either California Civil Code section 1798.29, subdivision (h)(2) or California Civil Code section 56.05, subdivision 0); or 6. meets the definition of"health insurance information" set forth in California Civil Code section 1798.29, subdivision (h)(3); or 7. is protected from disclosure under applicable state or federal law. F. Security Incident: "Security Incident" means: 1. an attempted breach; or 2. the attempted or successful unauthorized access or disclosure, modification, or destruction of CDPH PCI, in violation of any state or federal law or in a manner not permitted under the agreement between Contractor and CDPH, including this Exhibit; or 3. the attempted or successful modification or destruction of, or interference with, Contractor's system operations in an information technology system, that negatively impacts the confidentiality, availability, or integrity of CDPH PCI; or 4. any event that is reasonably believed to have compromised the confidentiality, integrity, or availability of an information asset, system, process, data storage, or transmission. Furthermore, an information security incident may also include an event that constitutes a violation or imminent threat of violation of information security policies or procedures, including acceptable use policies. G. Use: "Use" means the sharing, employment, application, utilization, examination, or analysis of information. IV. Disclosure Restrictions: The Contractor and its employees, agents, and subcontractors shall protect from unauthorized disclosure any CDPH PCI. The Contractor shall not disclose, except as otherwise specifically permitted by the agreement between Contractor and CDPH (including this Exhibit), any CDPH PCI to anyone other than CDPH personnel or programs without prior written authorization from the CDPH Program Contract Manager, except if disclosure is required by State or Federal law. CDPH IPSR 9-22 County of Fresno 23-10256 Page 3 of 10 Exhibit G Information Privacy and Security Requirements V. Use Restrictions: The Contractor and its employees, agents, and subcontractors shall not use any CDPH PCI for any purpose other than performing the Contractor's obligations under its agreement with CDPH. VI. Safeguards: The Contractor shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the privacy, confidentiality, security, integrity, and availability of CDPH PCI, including electronic or computerized CDPH PCI. At each location where CDPH PCI exists under Contractor's control, the Contractor shall develop and maintain a written information privacy and security program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Contractor's operations and the nature and scope of its activities in performing its agreement with CDPH, including this Exhibit, and which incorporates the requirements of Section VII, Security, below. Contractor shall provide CDPH with Contractor's current and updated policies within five (5) business days of a request by CDPH for the policies. VI I. Security: The Contractor shall take any and all steps reasonably necessary to ensure the continuous security of all computerized data systems containing CDPH PCI. These steps shall include, at a minimum, complying with all of the data system security precautions listed in the Contractor Data Security Standards set forth in Attachment 1 to this Exhibit. VII I. Security Officer: At each place where CDPH PCI is located, the Contractor shall designate a Security Officer to oversee its compliance with this Exhibit and to communicate with CDPH on matters concerning this Exhibit. IX. Training: The Contractor shall provide training on its obligations under this Exhibit, at its own expense, to all of its employees who assist in the performance of Contractor's obligations under Contractor's agreement with CDPH, including this Exhibit, or otherwise use or disclose CDPH PCI. A. The Contractor shall require each employee who receives training to certify, either in hard copy or electronic form, the date on which the training was completed. B. The Contractor shall retain each employee's certifications for CDPH inspection for a period of three years following contract termination or completion. C. Contractor shall provide CDPH with its employee's certifications within five (5) business days of a request by CDPH for the employee's certifications. X. Employee Discipline: Contractor shall impose discipline that it deems appropriate (in its sole discretion) on such employees and other Contractor workforce members under Contractor's direct control who intentionally or negligently violate any provisions of this Exhibit. CDPH IPSR 9-22 County of Fresno 23-10256 Page 4 of 10 Exhibit G Information Privacy and Security Requirements XI. Breach and Security Incident Responsibilities: A. Notification to CDPH of Breach or Security Incident: The Contractor shall notify CDPH immediately by telephone and email upon the discovery of a breach (as defined in this Exhibit), and within twenty-four (24) hours by email of the discovery of any security incident (as defined in this Exhibit), unless a law enforcement agency determines that the notification will impede a criminal investigation, in which case the notification required by this section shall be made to CDPH immediately after the law enforcement agency determines that such notification will not compromise the investigation. Notification shall be provided to the CDPH Program Contract Manager, the CDPH Privacy Officer and the CDPH Chief Information Security Officer, using the contact information listed in Section XI (F), below. If the breach or security incident is discovered after business hours or on a weekend or holiday and involves CDPH PCI in electronic or computerized form, notification to CDPH shall be provided by calling the CDPH Information Security Office at the telephone numbers listed in Section XI(F), below. For purposes of this Section, breaches and security incidents shall be treated as discovered by Contractor as of the first day on which such breach or security incident is known to the Contractor, or, by exercising reasonable diligence would have been known to the Contractor. Contractor shall be deemed to have knowledge of a breach if such breach is known, or by exercising reasonable diligence would have been known, to any person, other than the person committing the breach, who is an employee or agent of the Contractor. Contractor shall take: 1. prompt corrective action to mitigate any risks or damages involved with the breach or security incident and to protect the operating environment; and 2. any action pertaining to a breach required by applicable federal and state laws, including, specifically, California Civil Code section 1798.29. B. Investigation of Breach and Security Incidents: The Contractor shall immediately investigate such breach or security incident. As soon as the information is known and subject to the legitimate needs of law enforcement, Contractor shall inform the CDPH Program Contract Manager, the CDPH Privacy Officer, and the CDPH Chief Information Security Officer of: 1. what data elements were involved and the extent of the data disclosure or access involved in the breach, including, specifically, the number of individuals whose personal information was breached; 2. a description of the unauthorized persons known or reasonably believed to have improperly used the CDPH PCI and/or a description of the unauthorized persons known or reasonably believed to have improperly accessed or acquired the CDPH PCI, or to whom it is known or reasonably believed to have had the CDPH PCI improperly disclosed to them; 3. a description of where the CDPH PCI is believed to have been improperly used or disclosed; 4. a description of the probable and proximate causes of the breach or security incident; and 5. whether Civil Code section 1798.29 or any other federal or state laws requiring individual notifications of breaches have been triggered. CDPH IPSR 9-22 County of Fresno 23-10256 Page 5 of 10 Exhibit G Information Privacy and Security Requirements C. Written Report: The Contractor shall provide a written report of the investigation to the CDPH Program Contract Manager, the CDPH Privacy Officer, and the CDPH Chief Information Security Officer as soon as practicable after the discovery of the breach or security incident. The report shall include, but not be limited to, the information specified above, as well as a complete, detailed corrective action plan, including information on measures that were taken to halt and/or contain the breach or security incident, and measures to be taken to prevent the recurrence or further disclosure of data regarding such breach or security incident. D. Notification to Individuals: If notification to individuals whose information was breached is required under state or federal law, and regardless of whether Contractor is considered only a custodian and/or non-owner of the CDPH PCI, Contractor shall, at its sole expense, and at the sole election of CDPH, either: 1. make notification to the individuals affected by the breach (including substitute notification), pursuant to the content and timeliness provisions of such applicable state or federal breach notice laws. Contractor shall inform the CDPH Privacy Officer of the time, manner and content of any such notifications, prior to the transmission of such notifications to the individuals; or 2. cooperate with and assist CDPH in its notification (including substitute notification)to the individuals affected by the breach. E. Submission of Sample Notification to Attorney General: If notification to more than 500 individuals is required pursuant to California Civil Code section 1798.29, and regardless of whether Contractor is considered only a custodian and/or non-owner of the CDPH PCI, Contractor shall, at its sole expense, and at the sole election of CDPH, either: 1. electronically submit a single sample copy of the security breach notification, excluding any personally identifiable information, to the Attorney General pursuant to the format, content and timeliness provisions of Section 1798.29, subdivision (e). Contractor shall inform the CDPH Privacy Officer of the time, manner and content of any such submissions, prior to the transmission of such submissions to the Attorney General; or 2. cooperate with and assist CDPH in its submission of a sample copy of the notification to the Attorney General. F. CDPH Contact Information: To direct communications to the above referenced CDPH staff, the Contractor shall initiate contact as indicated herein. CDPH reserves the right to make changes to the contact information below by verbal or written notice to the Contractor. Said changes shall not require an amendment to this Exhibit or the agreement to which it is incorporated. CDPH IPSR 9-22 County of Fresno 23-10256 Page 6 of 10 Exhibit G Information Privacy and Security Requirements CDPH Program CDPH Privacy Officer CDPH Chief Information Security Contract Manager Officer See the Scope of Work Privacy Officer Chief Information Security Officer exhibit for Program Privacy Office Information Security Office Contract Manager c/o Office of Legal Services California Dept. of Public Health California Dept. of Public Health P.O. Box 997413, MS 6302 P.O. Box 997377, MS 0506 Sacramento, CA 95899-7413 Sacramento, CA 95899-7377 Email: Email: privacy(cbcdph.ca.gov CDPH.InfoSecuritvOffice(@cdph.ca.gov Telephone: (877) 421-9634 Telephone: (855) 500-0016 XI I. Documentation of Disclosures for Requests for Accounting: Contractor shall document and make available to CDPH or (at the direction of CDPH)to an Individual such disclosures of CDPH PCI, and information related to such disclosures, necessary to respond to a proper request by the subject Individual for an accounting of disclosures of personal information as required by Civil Code section 1798.25, or any applicable state or federal law. XIII. Requests for CDPH PCI by Third Parties: The Contractor and its employees, agents, or subcontractors shall promptly transmit to the CDPH Program Contract Manager all requests for disclosure of any CDPH PCI requested by third parties to the agreement between Contractor and CDPH (except from an Individual for an accounting of disclosures of the individual's personal information pursuant to applicable state or federal law), unless prohibited from doing so by applicable state or federal law. XIV. Audits, Inspection and Enforcement: CDPH may inspect the facilities, systems, books and records of Contractor to monitor compliance with this Exhibit. Contractor shall promptly remedy any violation of any provision of this Exhibit and shall certify the same to the CDPH Program Contract Manager in writing. XV. Return or Destruction of CDPH PCI on Expiration or Termination: Upon expiration or termination of the agreement between Contractor and CDPH for any reason, Contractor shall securely return or destroy the CDPH PCI. If return or destruction is not feasible, Contractor shall provide a written explanation to the CDPH Program Contract Manager, the CDPH Privacy Officer and the CDPH Chief Information Security Officer, using the contact information listed in Section XI (F), above. A. Retention Required by Law: If required by state or federal law, Contractor may retain, after expiration or termination, CDPH PCI for the time specified as necessary to comply with the law. B. Obligations Continue Until Return or Destruction: Contractor's obligations under this Exhibit shall continue until Contractor returns or destroys the CDPH PCI or returns the CDPH PCI to CDPH; provided however, that on expiration or termination of the agreement between Contractor and CDPH, Contractor shall not further use or disclose the CDPH PCI except as required by state or federal law. C. Notification of Election to Destroy CDPH PCI: If Contractor elects to destroy the CDPH PCI, Contractor shall certify in writing, to the CDPH Program Contract Manager, the CDPH Privacy CDPH IPSR 9-22 County of Fresno 23-10256 Page 7 of 10 Exhibit G Information Privacy and Security Requirements Officer and the CDPH Chief Information Security Officer, using the contact information listed in Section XI (F), above, that the CDPH PCI has been securely destroyed. The notice shall include the date and type of destruction method used. XVI. Amendment: The parties acknowledge that federal and state laws regarding information security and privacy rapidly evolves and that amendment of this Exhibit may be required to provide for procedures to ensure compliance with such laws. The parties specifically agree to take such action as is necessary to implement new standards and requirements imposed by regulations and other applicable laws relating to the security or privacy of CDPH PCI. The parties agree to promptly enter into negotiations concerning an amendment to this Exhibit consistent with new standards and requirements imposed by applicable laws and regulations. XVII. Assistance in Litigation or Administrative Proceedings: Contractor shall make itself and any subcontractors, workforce employees or agents assisting Contractor in the performance of its obligations under the agreement between Contractor and CDPH, available to CDPH at no cost to CDPH to testify as witnesses, in the event of litigation or administrative proceedings being commenced against CDPH, its director, officers or employees based upon claimed violation of laws relating to security and privacy, which involves inactions or actions by the Contractor, except where Contractor or its subcontractor, workforce employee or agent is a named adverse party. XVIII. No Third-Party Beneficiaries: Nothing express or implied in the terms and conditions of this Exhibit is intended to confer, nor shall anything herein confer, upon any person other than CDPH or Contractor and their respective successors or assignees, any rights, remedies, obligations, or liabilities whatsoever. XIX. Interpretation: The terms and conditions in this Exhibit shall be interpreted as broadly as necessary to implement and comply with regulations and applicable State laws. The parties agree that any ambiguity in the terms and conditions of this Exhibit shall be resolved in favor of a meaning that complies and is consistent with federal and state laws and regulations. XX. Survival: If Contractor does not return or destroy the CDPH PCI upon the completion or termination of the Agreement, the respective rights and obligations of Contractor under Sections VI, VII and XI of this Exhibit shall survive the completion or termination of the agreement between Contractor and CDPH. CDPH IPSR 9-22 County of Fresno 23-10256 Page 8 of 10 Exhibit G Information Privacy and Security Requirements Attachment 1 Contractor Data Security Standards I. Personnel Controls A. Workforce Members Training and Confidentiality. Before being allowed access to CDPH PCI, all Contractor's workforce members who will be granted access to CDPH PCI must be trained in their security and privacy roles and responsibilities at Contractor's expense and must sign a confidentiality and acceptable CDPH PCI use statement. Training must be on an annual basis. Acknowledgments of completed training and confidentiality statements, which have been signed and dated by workforce members must be retained by the Contractor for a period of three (3) years following contract termination. Contractor shall provide the acknowledgements within five (5) business days to CDPH if so requested. B. Workforce Members Discipline. Appropriate sanctions, including termination of employment where appropriate, must be applied against workforce members who fail to comply with privacy policies and procedures, acceptable use agreements, or any other provisions of these requirements. C. Workforce Member Assessment. Before being permitted access to CDPH PCI, Contractor must assure there is no indication its workforce member may present a risk to the security or integrity of CDPH PCI. Contractor shall retain the workforce member's assessment documentation for a period of three (3) years following contract termination. II. Technical Security Controls A. Encryption. All desktop computers, mobile computing devices, and portable electronic storage media that processes or stores CDPH PCI must be encrypted using a FIPS 140-2 certified 128 bit or higher algorithm. The encryption solution must be full disk unless approved by the CDPH Information Security Office (ISO) and Privacy Office (PO). FIPS 140-2 certified 128 bit or higher algorithm end-to-end, individual file encryption, or ISO approved compensating security controls, shall be used to protect CDPH PCI transmitted or accessed outside the Contractor's secure internal network (e.g., email, remote access, file transfer, internet/website communication tools). B. Server Security. Servers containing unencrypted CDPH PCI must have sufficient local and network perimeter administrative, physical, and technical controls in place to protect the CDPH information asset, based upon a current risk assessment/system security review. C. Minimum Necessary. Only the minimum amount of CDPH PCI required to complete an authorized task or workflow may be copied, downloaded, or exported to any individual device. D. Antivirus software. Contractor shall employ automatically updated malicious code protection mechanisms (anti-malware programs or other physical or software-based solutions)at its network perimeter and at workstations, servers, or mobile computing devices to continuously monitor and take action against system or device attacks, anomalies, and suspicious or inappropriate activities. E. Patch Management. All devices that process or store CDPH PCI must have a documented patch management process. Vulnerability patching for Common Vulnerability Scoring System (CUSS) "Critical" severity ratings (CVSS 9.0 — 10.0) shall be completed within forty-eight (48) hours of publication or availability of vendor supplied patch; "High" severity rated (CVSS 7.0- 8.9) shall be completed within seven (7) calendar days of publication or availability of vendor supplied patch; CDPH IPSR 9-22 County of Fresno 23-10256 Page 9 of 10 Exhibit G Information Privacy and Security Requirements all other vulnerability ratings (CVSS 0.1 — 6.9) shall be completed within thirty (30) days of publication or availability of vendor supplied patch, unless prior ISO and PO variance approval is granted. F. User Identification andAccess Control All Contractor workforce members must have a unique local and/or network user identification (ID) to access CDPH PCI. The unique ID may be passwords, physical authenticators, or biometrics, or in the case of multi-factor authentication, some combination thereof. Should a workforce member no longer be authorized to access CDPH PCI, or an ID has been compromised, that ID shall be promptly disabled or deleted. User ID's must integrate with user role-based access controls to ensure that individual access to CDPH PCI is commensurate with job-related responsibilities. G. CDPH PCI Destruction. When no longer required for business needs or legal retention periods, all electronic and physical media holding CDPH PCI must be purged from Contractor's systems and facilities using the appropriate guidelines for each media type as described in the prevailing "National Institute of Standards and Technology — Special Publication 800-88" — "Media Sanitization Decision Matrix." H. System Inactivity Timeout. Contractor's computing devices holding, or processing CDPH PCI must be configured to automatically log-off an authenticated user or lock the device in a manner where the user must reauthenticate the user session after no more than twenty (20) minutes of user inactivity. I. Warning Banners. During a user log-on process, all systems providing access to CDPH PCI, must display a warning banner stating that the CDPH PCI is confidential, system and user activities are logged, and system and CDPH PCI use is for authorized business purposes only. User must be directed to log-off the system if they do not agree with these conditions. J. System Logging. Contractor shall ensure its information systems and devices that hold or process CDPH PCI are capable of being audited and the events necessary to reconstruct transactions and support after-the-fact investigations are maintained. This includes the auditing necessary to cover related events, such as the various steps in distributed, transaction-based processes and actions in service-oriented architectures. Audit trail information with CDPH PCI must be stored with read-only permissions and be archived for three (3) years after event occurrence. There must also be a documented and routine procedure in place to review system logs for unauthorized access. K. Intrusion Detection. All Contractor systems and devices holding, processing, or transporting CDPH PCI that interact with untrusted devices or systems via the Contractor intranet and/or the internet must be protected by a monitored comprehensive intrusion detection system and/or intrusion prevention system. III. Audit Controls A. System Security Review. Contractor, to assure that administrative, physical, and technical controls are functioning effectively and providing adequate levels of protection for CDPH PCI, shall conduct at least, an annual administrative assessment of risk, including the likelihood and magnitude of harm from the unauthorized access, use, disclosure, disruption, modification, or destruction of an information system or device holding processing, or transporting CDPH PCI, CDPH IPSR 9-22 County of Fresno 23-10256 Page 10 of 10 Exhibit G Information Privacy and Security Requirements along with periodic technical security reviews using vulnerability scanning tools and other appropriate technical assessments. B. Change Control. All Contractor systems and devices holding, processing, or transporting CDPH PCI shall have a documented change control process for hardware, firmware, and software to protect the systems and assets against improper modification before, during, and after system implementation. IV. Business Continuity/ Disaster Recovery Controls A. Emergency Mode Operation Plan. Contractor shall develop and maintain technical recovery and business continuity plans for systems holding, processing, or transporting CDPH PCI to ensure the continuation of critical business processes and the confidentiality, integrity, and availability of CDPH PCI following an interruption or disaster event lasting more than twenty-four (24) hours. B. CDPH PCI Backup Plan. Contractor shall have a documented, tested, accurate, and regularly scheduled full backup process for systems and devices holding CDPH PCI. V. Paper Document Controls A. Supervision of CDPH PCI. CDPH PCI in any physical format shall not be left unattended at any time. When not under the direct observation of an authorized Contractor workforce member, the CDPH PCI must be stored in a locked file cabinet,desk, or room. It also shall not be left unattended at any time in private vehicles or common carrier transportation, and it shall not be placed in checked baggage on common carrier transportation. B. Escorting Visitors. Visitors who are not authorized to see CDPH PCI must be escorted by authorized workforce members when in areas where CDPH PCI is present, and CDPH PCI shall be kept out of sight of visitors. C. Removal of CDPH PCI. CDPH PCI in any format must not be removed from the secure computing environment or secure physical storage of the Contractor, except with express written permission of the CDPH PCI owner. D. Faxing and Printing. Contractor shall control access to information system output devices, such as printers and facsimile devices, to prevent unauthorized individuals from obtaining any output containing CDPH PCI. Fax numbers shall be verified with the intended recipient before transmittal. E. Mailing. Mailings of CDPH PCI shall be sealed and secured from damage or inappropriate viewing to the extent possible. Mailings which include five hundred (500) or more individually identifiable records of CDPH PCI in a single package shall be sent using a tracked mailing method which includes verification of delivery and receipt, unless the prior written permission of CDPH to use another method is obtained. CDPH IPSR 9-22 County of Fresno 23-10256 Page 1 of 5 Exhibit H Glossary of CLPPB Related Acronyms and Terms Appropriate case management- Health care referrals, environmental assessments, and educational activities performed by the appropriate person, professional, or entity, necessary to reduce a child's exposure to lead and the consequences of the exposure, as determined by the United States Centers for Disease Control, or as determined by the department pursuant to Health and Safety Code Section 105300. ATSDR—Agency for Toxic Substances and Disease Registry BLL—Blood Lead Level BPb—Blood Lead Branch-A term used in place of CLPPB or Childhood Lead Poisoning Prevention "Branch". Case closure—Blood lead level criteria for closure of a full case. Case management is concluded, and a case is closed when: 1) There have been two or more venous blood-lead levels demonstrating that the blood-lead level is clearly trending downward: Blood Lead level (BLL) has consistently remained less than 9.5 mcg/dL for at least one year(360 calendar days),with one BLL s 3.5mcg/dL; and there has been achievement of the other objectives of the case management plan. 2) One of the following has occurred a. Parent or guardian persistently refuses services b. Family could not be located or child is lost to follow up after case management has begun c. Family moves and the case is transferred to another jurisdiction d. Case is closed administratively i. Child reaches 21 years of age ii. Child dies Case definition— • Full case: A full case of lead poisoning will be defined as any child up to age 21 who is found with o A single blood lead level (BLL)>_ 14.5 mcg/dL (venous), or o Persistent BLLs>_9.5 mcg/dL, taken at least 30 days apart, and with the second test being venous. • Basic Case: A basic case of lead poisoning will be defined as any child up to age 21 who is found with: o A BLL (either capillary or venous)>_3.5 mcg/dL not meeting full case criteria • Potential Case o Single capillary or venous result 9.4— 14.4 mcg/dL o Single capillary BLL >=14.5 mcg/dL • Urgent Case o Urgent: any BLL between 44.5 to 59.4 mcg/dL (capillary or venous) o High Urgent: any BLL between 59.5 to 69.4 mcg/dL (capillary or venous) • Emergency Case: Any BLL>_ 69.5 mcg/dL (capillary or venous) CBO—Community Based Organization CCS—California Children Services County of Fresno 23-10256 Page 2 of 5 Exhibit H Glossary of CLPPB Related Acronyms and Terms CDC—Centers for Disease Control and Prevention CDBGP -Community Development Block Grant Program CDPH - California Department of Public Health CHDP—Child Health and Disability Prevention Program Clearance Inspection - Environmental Investigation CILIA—Clinical Lab Improvement Act CLPPB -Childhood Lead Poisoning Prevention Branch (state level) CLPPB Program Letter—A document that has been dated, numbered, and issued by CLPPB that establishes policy and clarifies regulatory or contractual requirements. CLPPP -Childhood Lead Poisoning Prevention Program (local level) CLPPP Team Quarterly Meetings—On site quarterly meetings of the CLPPP Coordinator with all CLPPP staff. CMS-Care Management Section CMU -Contract Management Unit Contractor—The local Childhood Lead Poisoning Prevention Program (CLPPP)that has contracted with the Childhood Lead Poisoning Prevention Branch (CLPPB). DHCS- Department of Health Care Services Elevated BILL—Elevated blood lead level means a blood lead level that is at or above the blood lead reference value as specified in the most recent guidelines issued by the CDC. In this case, an elevated blood lead level means a BILL at or over 3.5 pg/dL detected in capillary, whole venous, arterial, or cord blood. EHIB—Environmental Health Investigation Branch Enforcement Response Policy-A set of procedures (can be the same as the Progressive Enforcement Procedures)that has been adopted and formally signed into an official policy by a supervisor or decision making body who is responsible in your jurisdiction's chain of command for creating policies. (See Progressive Enforcement Procedures definition) Progressive Enforcement Procedures - Written steps to ensure compliance. This process may include escalating activities and timelines for each step. Examples include: a letter to the property owner, a Notice of Violation, an administrative hearing, and an order to abate. Environmental Investigation (EI)—An exposure assessment of the home, primary residence, or other location of a child with an elevated blood lead level, conducted by an Environmental Professional, to identify the sources of exposure to lead in the child's environment, and to recommend measures both during and after the investigation to reduce or eliminate exposures identified (CLPPB Program Letter 98-14). Also referred to as a Full El to distinguish from limited environmental sampling (See definition). Environmental Professional (EP) - A certified Lead Inspector/Assessor who meets the criteria of experience and training laid out in the 2012 Environmental Professional Guidance Manual, and subsequent updates. Only EPs are able to conduct Environmental Investigations (Els) as a component of case management services for cases of lead poisoning. (See Lead Inspector/Assessor and El definitions.) County of Fresno 23-10256 Page 3 of 5 Exhibit H Glossary of CLPPB Related Acronyms and Terms Environmental Services -An umbrella term describing services offered to families of children with elevated blood lead levels which employ different methods for assessing presence of lead hazards and/or lead-based paint. Environmental services include: visual inspections, remote environmental assessments (REAs), limited environmental sampling, and full environmental investigations (Els). (See visual inspection, REA, limited environmental sampling, and El definitions) EPA— Environmental Protection Agency EPSDT— Early and Periodic Screening Diagnosis and Treatment(CHDP in California). EPSDT-SS—Those additional medically necessary services available to full scope Medi-Cal beneficiaries under the age of 21 years. The services must be medically necessary to correct or ameliorate a defect, physical or mental illness, or a condition. These services are accessed through screening, referral or routine visits. (Title 22 California Code of Regulation Sections 51242, 51340.1, and 51532.2). Hct/ Hgb— Hematocrit/Hemoglobin HHS—Health and Human Services Agency HIPAA—Health Insurance Portability and Accountability Act HRSA—Health Resources & Services Administration HUD - Housing & Urban Development Lead Inspector/Assessor(I/A)—An individual who has received a certificate from the Department of Public Health as a"certified lead inspector/assessor" in accordance with Section 35001 et seq., of Title 17 of the California Code of Regulations. Lead Poisoning Follow-Up Form (LPFF)—the form used to document essential demographic, medical, social and environmental information about the lead poisoned child, the child's family, and the environment(CLPPB Program Letter 2004-01). LHRS—Lead Hazard Reduction Section (of CLPPB) Limited Environmental Sampling—Also called a Limited Environmental Investigation, this is an exposure assessment of the home, primary residence, or other location conducted by a Lead Inspector Assessor. Limited environmental sampling does not meet either the media or quantity criteria of an El and might include paint, dust, soil, and/or water samples (See Environmental Investigation and Lead Inspector Assessor definitions). MCAH—Maternal Child and Adolescent Health Medi-Cal Lead Program (MCLP)—The Medi-Cal Lead Program in the State Department of Health Care Services which coordinates Medi-Cal funding for lead related services and activities provided to children who are Medi-Cal beneficiaries and who meet the case definition of lead poisoning: The budgetary components of the MCLP are: 1) PHN lead poisoning case management services. 2) Medi-Cal Administrative Activities a. Non-Enhanced b. Enhanced mcg—Microgram, which is one millionth of a gram mcg/dL—Micrograms per deciliter. Used to indicate the amount of lead in blood. (also referenced as mcg/dl) MOU - Memoranda of Understanding County of Fresno 23-10256 Page 4 of 5 Exhibit H Glossary of CLPPB Related Acronyms and Terms NHANES— National Health and Nutrition Examination Survey O & E- Outreach and Education OEHHA—Office of Environmental Health Hazard Assessment OHB - Occupational Health Branch OLPPP—Occupational Lead Poisoning Prevention Program OSHA—Occupational Health and Safety Act(also see Cal-OSHA) OSS—Operations & Support Section (administrative services of contracts, budgets and invoice processing within CLPPB). PDSS - Program Development and Support Section (of CLPPB. PERS— Program Evaluation and Research Section (of CLPPB) PHN—Public Health Nurse-The PHN providing case management in a local CLPPP must have an active California Registered Nurse license and a valid California Public Health Nursing certificate. The PHN must be able to collaborate with other health professionals and support staff to provide individual and population-based care. In addition, a PHN working as a case manager in the Medi-Cal Lead Program must have completed state- approved case-management training. This requirement is met by a public health nursing certificate from the State of California. PR-Progress Report-A bi-annual report required of CLPPPs, submitted to CLPPB, to be used in the evaluation of all aspects of progress at the local program level. Each PR is comprised of the following excel Performance Trackers;Administration, Outreach, Case Management, and Environmental RA—Research Assistant RASSCLE II—Response and Surveillance System for Childhood Lead Exposures RD— Registered Dietician Regional Meetings—Routine meetings of CLPPPs and CLPPB for the purpose of program development. REHS- Registered Environmental Health Specialist, a professional person, educated and trained as an environmental specialist and who is registered in accordance with Health and Safety Code Division 104, Chapter 4, Article 1, Section 106615 et seq. RFA-Request for Application—document and reference to the process by which the local CLPPP will apply for a contract with CLPPB. SC—CLPPB Section Chief SOW- Scope of Work TEC -travel expense claim (form) USDA—U. S. Department of Agriculture WIC—Women, Infants and Children. A special supplemental nutrition and education program for low-income pregnant women, women who are breast feeding, and young children within the state of California. County of Fresno 23-10256 Page 5 of 5 Exhibit H Glossary of CLPPB Related Acronyms and Terms WNL—Within normal limits XRF Instrument-X-ray fluorescence instrument. A portable radiation instrument that provides on-site quantitative readings of lead in paint, dust, and soil. Slate of California—Health and Human Services Agency California Department of Public Health Exhibit I Contractor's Release Instructions to Contractor: With final invoice(s)submit one(1)original and one(1) copy. The original must bear the original signature of a person authorized to bind the Contractor. The additional copy may bear photocopied signatures. Submission of Final Invoice Pursuant to contract number 23-10256 entered into between the California Department of Public Health (CDPH) and the Contractor(identified below),the Contractor does acknowledge that final payment has been requested via invoice number(s) , in the amount(s)of$ and dated If necessary, enter"See Attached"in the appropriate blocks and attach a list of invoice numbers, dollar amounts and invoice dates. Release of all Obligations By signing this form, and upon receipt of the amount specified in the invoice number(s)referenced above,the Contractor does hereby release and discharge the State, its officers, agents and employees of and from any and all liabilities,obligations,claims, and demands whatsoever arising from the above referenced contract. Repayments Due to Audit Exceptions /Record Retention By signing this form, Contractor acknowledges that expenses authorized for reimbursement does not guarantee final allowability of said expenses. Contractor agrees that the amount of any sustained audit exceptions resulting from any subsequent audit made after final payment will be refunded to the State. All expense and accounting records related to the above referenced contract must be maintained for audit purposes for no less than three years beyond the date of final payment, unless a longer term is stated in said contract. Recycled Product Use Certification By signing this form, Contractor certifies under penalty of perjury that a minimum of 0%unless otherwise specified in writing of post consumer material,as defined in the Public Contract Code Section 12200, in products, materials,goods,or supplies offered or sold to the State regardless of whether it meets the requirements of Public Contract Code Section 12209. Contractor specifies that printer or duplication cartridges offered or sold to the State comply with the requirements of Section 12156(e). Reminder to Return State Equipment/Property(If Applicable) (Applies only if equipment was provided by CDPH or purchased with or reimbursed by contract funds) Unless CDPH has approved the continued use and possession of State equipment(as defined in the above referenced contract)for use in connection with another CDPH agreement, Contractor agrees to promptly initiate arrangements to account for and return said equipment to CDPH, at CDPH's expense, if said equipment has not passed its useful life expectancy as defined in the above referenced contract. Patents/Other Issues By signing this form, Contractor further agrees, in connection with patent matters and with any claims that are not specifically released as set forth above,that it will comply with all of the provisions contained in the above referenced contract,including, but not limited to,those provisions relating to notification to the State and related to the defense or prosecution of litigation. ONLY SIGN AND DATE THIS DOCUMENT WHEN ATTACHING IT TO THE FINAL INVOICE Contractor's Legal Name(as on contract): County of Fresno Signature of Contractor or Official Designee: Date: Printed Name/Title of Person Signing: Distribution: Accounting(Original) Program CDPH 2352(7/07) California Department of Public Health Name/No.: Childhood Lead Poisoning Prevention Program (State Agreement No. 23- 10256) Fund/Subclass: 0001/10000 Organization #: 56201607, 56201612 Revenue Account #: 3530, 4380