HomeMy WebLinkAboutSTATE DPH-Enhanced Congenital Syphilis Prevention Activities_A-23-639 A-19-324.pdf co County of Fresno Hall of Records, Room 301
2281 Tulare Street
Fresno,California
' Board of Supervisors 93721-2198
1856 0 Telephone:(559)600-3529
FRE`' 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 Mencles,
Supervisor Brian Pacheco,and Chairman Sal Quintero
Agenda No. 68. Public Health File ID:23-1214
Re: Approve and authorize the Chairman to execute First Amendment to revenue Agreement with the
California Department of Public Health for enhanced Congenital Syphilis Prevention activities,
extending the term by twenty-five months from January 1,2024 through January 31,2026 and
increasing the maximum compensation by$280,000 to a total of$980,000
APPROVED AS RECOMMENDED
Ayes: 5- Brandau, Magsig, Mendes, Pacheco,and Quintero
Agreement No.23-639
County of Fresno Page 70
co
Board Agenda Item 68
O 1856 O
FRE`5
DATE: November 28, 2023
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: First Amendment to the Revenue Agreement with the California Department of
Public Health
RECOMMENDED ACTION(S):
Approve and authorize the Chairman to execute First Amendment to revenue Agreement with the
California Department of Public Health for enhanced Congenital Syphilis Prevention activities,
extending the term by twenty-five months from January 1, 2024 through January 31,2026 and
increasing the maximum compensation by$280,000 to a total of$980,000.
There is no additional Net County Cost associated with the recommended action. Approval of the
recommended action will extend the existing grant term and provide funding for the extended term from the
California Department of Public Health (CDPH)to enhance Department of Public Health Congenital
Syphilis Prevention (CSP)activities to address the rise of cases within the County,with no increase in Net
County Cost. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. Should your Board not approve the recommended action, the
agreement will expire on December 31, 2023 resulting in the loss of funding to continue to be able to
enhance strategies and activities aimed at reducing the rise of congenital syphilis cases in the County.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The amendment to the
revenue agreement will provide an additional $280,000 to offset costs associated with providing CSP
services from January 1, 2019 through January 31, 2026. The existing agreement allows full indirect cost
recovery currently at 18.314%of salaries and benefits. Sufficient appropriations and estimated revenues
are included in the Department's Org 5620 FY 2023-24 Adopted Budget for estimated expenses and will be
included in subsequent budget requests.
DISCUSSION:
On July 9, 2019 your Board approved the Revenue Agreement (A-19-324)with CDPH to provide funding
for the Department's Congenital Syphilis Case Management Program for staff to provides CSP services to
clients.
In 2018, the Department, in collaboration with CDPH, conducted a pilot program to address the rising
instances of Congenital Syphilis in the County. The pilot addressed the rise through various activities
including:
County of Fresno Page 1 File Number.23-1214
File Number.23-1214
• follow up with pregnant mothers to ensure continued pre-natal care;
• syphilis treatment and follow up until newborns were determined non-infected;
• conducting morbidity and mortality reviews;
• conducting quality improvement reviews;
• evaluating county jail's syphilis screening protocol; and
• educating local providers.
The recommended agreement builds upon some activities conducted during the pilot.
Through the recommended agreement, the Department will receive support from CDPH to enhance and
implement robust case management for pregnant females with congenital syphilis; conduct morbidity and
mortality reviews of congenital syphilis cases to identify missed opportunities for prevention. Additionally,
the funding will support collaboration with correctional facilities to continue evaluating and enhancing the
county jail's syphilis screening protocol, and conduct medical provider education to enhance screening and
treatment practices.
The recommended agreement contains non-standard termination language as it allows CDPH to terminate
with or without cause, cancel immediately for cause, or upon 30 days written notice. CDPH may, at its
discretion, require the County to cease portions of its scope of work while completing other components
prior to the termination date of the proposed agreement.
REFERENCE MATERIAL:
BAI#60, July 9, 2019
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Amendment to Agreement with CDPH
CAO ANALYST:
Ron Alexander
County of Fresno Page 2 File Number:23-1214
State of California—Health and Human Services Agency—California Department of Public Health Agreement No. 23-639
CDPH 1229A(Rev. 09/2022)
CALIFORNIA SEXUALLY TRANSMITTED DISEASES BRANCH
STD PROGRAM Management
Awarded By
THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, hereinafter "Department"
TO
County of Fresno, hereinafter "Grantee"
Implementing the project, "Congenital Syphilis Prevention," hereinafter "Project"
AMENDED GRANT AGREEMENT NUMBER 18-10698, Al
The Department amends this Grant and the Grantee accepts and agrees to use the Grant
funds as follows:
AUTHORITY: The Department has authority to grant funds for the Project under Health and
Safety Code, Section 131085(a).
PURPOSE FOR AMENDMENT: The purpose of the Grant amendment is to: change the
grant term end date from 12/31/23 to 1/31/26. This amendment also increases funding
starting 1/1/24 for the continued performance of services as identified in Exhibit A (grant
activities) and will be reimbursed accordingly. The amendment will also replace Exhibit B in
its entirety and add Exhibit H and a subcontractor.
Amendments are shown as: Text additions are displayed in bold and underline. Text
deletions are displayed as strike through text (i.e., Strike).
AMENDED GRANT AMOUNT: this amendment is to increase the grant by $280,000 and is
amended to read: $980,000 (Nine Hundred
Eighty Thousand Dollars).
AMENDED TERM OF GRANT: The term of this Grant shall be amended to read as January
1, 2019 and terminates on DeGember-31,2023 January 31, 2026. No funds may be requested
or invoiced for work performed or costs incurred after the end date.
1
State of California—Health and Human Services Agency—California Department of Public Health
CDPH 1229A(Rev.09/2022)
Exhibit A NOTIFICATION LETTER, AMENDED FUNDING ALLOCATIONS, GRANT ACTIVITIES
Note: Once the Grant Agreement has been fully executed, request for modifications/changes thereafter to the
existing grant activities can be made by written notice by either party and must be approved by CDPH. This
process does not require a formal amendment but must be agreed to by both parties in writing. Copies must be
maintained by both parties. Such modifications/changes must be made 30 days prior to implementation. A
written amendment is required when there is an increase or decrease in funding or a change in the term of the
agreement.
Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS
Exhibit D ADDITIONAL PROVISIONS
Exhibit F FEDERAL SPECIAL PROVISIONS
Exhibit H STD LOCAL ASSISTANCE FUNDS — STANDARDS AND GENERAL TERMS
AND CONDITIONS
PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant
will be:
California Department of Public Health Grantee: County of Fresno
Name: Karin EstaGin Assistant Rronnh ('hiof Name: Marie HeFRandez Alimat Adebiyi
Alexia McGonagle, Chief Staff Anal„�+ Division Manaqer
Business Operations Support Section
STD Control Branch
ddress: P.O. Box 997377, MS 7320Address: 1221 Fulton Street
City, ZIP: Sacramento, CA 95899-7377 City, ZIP: Fresno, CA 93721
Phone: (916` 552 9920 Phone: (5559) 600 9307
(916) 445-9860 (559) 600-3006
E-mail: E-mail: marinhnrRandeznfroonnnnURtVGa gn
Alexia.McGonagle(c�cdph.ca.gov aadebiyiCcDfresnocountyca.gov
Direct all inquiries to the following representatives:
California Department of Public Health, Grantee: County of Fresno
STD Control Branch
Attention: Marie HerRiRdzz, Staff Analyst 1
Attention: Christine Johnson, Grant Manager Keyna Ramirez, Supervising
Public Health Nurse
Address: P.O. Box 997377, MS 7320Address: 1221 Fulton Street
City, Zip: Sacramento, CA 95899-7377 City, Zip: Fresno, CA 93721
Phone: (916) 552 9 (279) 667-0478 Phone: (559) 600-655
E-mail: marinhornonlJnz�lfrocnnnni in4�inr+ rvni
E-mail: Christi ne.Johnsonil �cdph.ca.gov rRande reS "`"""'"""
keramirez@fresnocountyca.gov
2
State of California—Health and Human Services Agency—California Department of Public Health
CDPH 1229A(Rev. 09/2022)
All payments from CDPH to the Grantee; shall be sent to the following address:
Remittance Address
Grantee: County of Fresno
Attention: "Cashier": BFURa Chavez Irene Parada
DPH Business Manager
Address: P.O. Box 11800
City, Zip: Fresno, CA 93775-1800
Phone: {559) 690 64 (559) 600-6415
E-mail: dphboao�a).fresnocountyca.ciov
Either party may make changes to the Project Representatives, or remittance address, by giving a
written notice to the other party, said changes shall not require an amendment to this agreement but
must be maintained as supporting documentation. Note: Remittance address changes will require the
Grantee to submit a completed CDPH 9083 Governmental Entity Taxpayer ID Form or STD 204
Payee Data Record Form and the STD 205 Payee Data Supplement which can be requested through
the CDPH Project Representatives for processing.
All other terms and conditions of this Grant shall remain the same.
IN WITNESS THEREOF, the parties have executed this Grant on the dates set forth below.
Executed By:
Date:
ATTEST: Sal uint ro
BERNIClerk o E E. BoardEIDEL Chair an 0 e Board of Supervisors
Clerk of the Board of Supervisors County Of Fresno
County of Fresno,State of California
2281 Tulare Street, Third Floor
By Deputy Fresno, CA 93724
Date:
12-22-23
J ier Sandoval, Chief
Contracts Management Unit
California Department of Public Health
1616 Capitol Avenue, Suite 74.262, MS 1802
P.O. Box 997377
Sacramento, CA 95899-7377
3
State of California—Health and Human Services Agency
�• California Department of Public Health ' - h "'
I)CDPH .
'CALIFOItH�''
TOMAS J.ARAG6N,MD,DrPH GAVIN NEWSOM
Director and State Public Health Officer Govemor
Exhibit A
NOTIFICATION LETTER
DATE: OCTOBER 5, 2023
TO: CONGENITAL SYPHILIS PREVENTION GRANTEES
SUBJECT: SECOND EXTENSION OF CONGENITAL SYPHILIS PREVENTION FUNDING
The California Department of Public Health (CDPH), Sexually Transmitted Diseases Control
Branch (STDCB) is pleased to inform the recipients of the Congenital Syphilis Prevention (CSP)
funding that an additional extension has been announced by the Centers for Disease Control
and Prevention (CDC). This second extension changes the previous extension date of 01/31/25
to 01/31/26 and includes additional funding.
As a reminder, funding for this grant is made possible through a cooperative agreement from
the CDC. Below are the highlights of the federal award and a copy of the notice is also attached
for reference.
• Federal Grant Award Name: PS19-1901 - Strengthening STD Prevention and Control
for Health Departments (PCHD)
• Federal Grant Award Number: NH25PS005127
• Assistance Listing Number(aka CFDA) Number: 93.977
Due to the announcement of this second extension of the grant funding, the first
notification letter issued on August 21, 2023 is rescinded and will be replaced with this
notice.
Along with the announcement of the 27-month funding extension, the CDC also informed CDPH
the level of funding for the extension will not change. With this second time extension and the
addition of funding, the amendments currently in progress will be revised to:
• Change the grant agreement term end date from 12/31/23 to the new end date of
01/31/26.
• Add additional same level funding for the periods of 01/01/24—01/31/25 and 02/01/25—
01/31/26.
• Update the grant activities document to allow more flexibility for grantees to spend down
the remaining funding.
The change of the end date will not change the original effective date. With this amendment, the
grants will have an effective period of January 1, 2019 through January 31, 2026.
NfaL OF
CDPH STD Control Branch, MS 7320 . P.O. Box 997377 • Sacramento, CA 95899-7377 ISO
(916)445-9860 • Internet Address: www.cdph.ca.gov Q
CDPH has begun the amendment process and to expedite this grant amendment through
the approval process, we request that you confirm your intention to accept this second
extension and the additional funding no than Friday. October 13, 2023. Please submit a
formal letter of acceptance via email to STDLHJContracts(a)_cdph.ca.gov with a cc to
Christine.Johnson(a�cdph.ca.gov.
When e-mailing your intent to accept the additional funding to STDLHJContracts(a)cdph.ca.gov,
please include your agency's name in the subject line when you send the email to help us to
easily identify which local health jurisdiction you represent. Please note that no funds are
secured until the amendment is fully executed.
Budget revisions for the periods of 01/01/24— 01/31/25 and 02/01/25—01/31/26 will need to be
submitted and should include the projected amount to be spent. CDC has approved expanded
authority permitting the rollover of unspent funds from calendar year 2023 through the end of
January 2026. Budget revision requests for this period can be submitted after December 31,
2023, but no later than April 1, 2024. See Attachment 1 for the updated funding chart showing
the amended grant award amounts.
New Flexibility in Use of CSP Grant Funds
The additional funding must be used to continue the CSP and control activities. However, the
grant activities have been revised to allow more flexibility for the utilization of the funds. The
Scope of Work (aka, grant activities) has been revised to expand syphilis and STI screening and
prevention services in local emergency departments and jail settings as well as new optional
activities for the Grantee to implement using this funding. These four new optional activities
include: providing syphilis testing and prevention with integrated testing for HIV, HCV,
chlamydia, gonorrhea, and mpox vaccination; however, there is a 10% cap on safety net clinical
services/expenses, and this is based on the annual award amount. In addition to the expansion
and integration of services, other optional activities include providing incentives to clients to
encourage testing, treatment, and follow-up appointments (incentives are capped at 1% of the
annual award); implementing a social marketing campaign; and to propose an innovative and
impactful activity to increase client testing or prenatal services for at risk populations. A copy of
the revised grant activities document is attached for reference.
If you have any questions, please feel free to contact Christine Johnson by e-mail at
Christine.Johnson(aD_cdph.ca.gov.
Sincerely,
Kathleen Jacobson, MD
Branch Chief
STD Control Branch
Enclosures
cc: Rachel Piper, Chief, Contracts and Purchasing Unit, STD Control Branch
Jessica Frasure-Williams, Chief, Program Development Section, STD Control Branch
Ashley Dockter, Evaluation and Quality Improvement Unit Chief, STD Control Branch
Meghan Polich, Congenital Syphilis Program Coordinator, STD Control Branch
Attachment 1
Current Additional Additional
Grant Local Health Funding Funding Funding Final Award
Number Jurisdiction Amounts (Year 6) (Year 7) Amount
(Through (01/01/2024- (02/01/2025-
12/31/23) 01/31/2025) 1 01/31/2026)
18-10698 Fresno $700,000 $140,000 $140,000 $980,000
18-10699 Kern $700,000 $140,000 $140,000 $980,000
20-10720 Long Beach $240,000 $80,000 $80,000 $400,000
20-10721 Riverside $240,000 $80,000 $80,000 $400,000
20-10722 Sacramento $240,000 $80,000 $80,000 $400,000
18-10700 San Bernardino $700,000 $140,000 $140,000 $980,000
18-10701 San Joaquin $640,000 $140,000 $140,000 $920,000
18-10702 Stanislaus $400,000 $80,000 $80,000 $560,000
Total Funding: $3,860,000 $880,000 $880,000 $5,620,000
County of Fresno
Agreement #18-10698 Al
Exhibit B
Budget Detail and Payment Provisions
1. Invoicing and Payment
A. Upon completion of project activities as provided in Exhibit A, and upon receipt and
approval of the invoices, the State agrees to reimburse the Grantee for activities
performed and expenditures incurred in accordance with the total amount of this
agreement.
B. Invoices shall include the Grant Number and shall be submitted electronically not more
frequently than quarterly in arrears to STDLHJlnvoices(a-)-cdph.ca.gov.
Alternate submittal method is to e-mail invoices to the CDPH Grant manager identified
in the CDPH 1229 Grant Agreement.
C. Invoices shall:
1) Be prepared on the electronic invoice template provided by CDPH and must be
signed by an authorized official, employee or agent certifying that the expenditures
claimed represent activities performed and are in accordance with Exhibit A.
2) Bear the Grantee's name as shown on the Grant.
3) Identify the billing and/or performance period covered by the invoice.
4) Itemize costs for the billing period in the same or greater level of detail as indicated
in this Grant. Subject to the terms of this Grant, reimbursement may only be sought
for those costs and/or cost categories expressly identified as allowable and
approved by CDPH.
D. Invoices must be submitted no more than forty-five (45) calendar days after the end of
each quarter unless a later or alternate deadline is agreed to in writing by the program
Grant Manager.
E. Amount awarded under this Grant is identified in the CDPH 1229A Grant Agreement.
2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program, this Agreement shall be of no further force and effect. In this event, the State
shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this Agreement and Grantee shall not be obligated to fulfill any
provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, the State shall have the option to either cancel this Agreement with no liability
occurring to the State or offer an agreement amendment to Grantee to reflect the
reduced amount.
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County of Fresno
Agreement #18-10698 Al
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 forty-five (45)
calendar days following the expiration or termination date of this Grant, unless a later or
alternate deadline is agreed to in writing by the program grant manager. Said invoice
should be clearly marked "Final Invoice", indicating that all payment obligations of the
State under this Grant have ceased and that no further payments are due or
outstanding.
B. The State may, at its discretion, choose not to honor any delinquent final invoice if the
Grantee fails to obtain prior written State approval of an alternate final invoice
submission deadline.
5. Travel and Per Diem Reimbursement
A. 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.
6. Use of Funds / Supplanting
These funds shall be used to supplement and enhance existing local STI program activities
and services and shall not supplant local funding. These funds shall not replace existing
services and activities, prevent the addition of new services and activities, and shall not be
used to duplicate reimbursement of costs and services received from local funds or other
sources. Supplanting of funds is defined (for the purposes of this agreement) as using local
assistance award monies to "replace" or "take the place of existing local funding. For
example, reductions in local funds cannot be offset by the use of any dollars for the same
purpose.
7. Proper Use of Funds
A. The funds for this grant agreement may be used for:
1. Local health jurisdiction staff and other relevant staff (listed in the budget as in-kind
support) to support STI prevention and control activities.
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County of Fresno
Agreement #18-10698 Al
Exhibit B
Budget Detail and Payment Provisions
2. Out-of-state travel to conferences and meetings, except to prohibited states as
provided in 5.13. above. Travel costs may include travel and per diem for funded staff
to attend conferences, or other national forums as relevant. Prior written approval
for out-of-state travel must be obtained from STDCB and shall not exceed five (5)
percent of the total annual budget of this grant agreement.
3. In-state travel to support local capacity building. This includes training course fees,
travel, and per diem to support enhancement of knowledge, skills, and abilities of
Disease Intervention Workforce (e.g., Principles, Practices, and Pathways to
Disease Intervention (3PD1), Phlebotomy, Cultural Humility), or other staff essential
to STI prevention and control.
4. STI test kits and other testing supplies.
5. STI treatment (i.e., Cefixime, Azithromycin, Bicillin, Ceftriaxone, Doxycycline)
6. STD prevention supplies (e.g., male and female condoms, lubricant, oral barriers,
etc.)
7. Provider education materials.
8. Client education materials.
B. The funds for this grant agreement may be used for the following items, with supportive
justification, tracking, and reporting of outcomes:
1. Incentives such as low value gift cards (e.g., Walmart, Safeway, transportation
vouchers), and/or other STI-related incentives.
a. Client incentives, such as low value gift cards, may be approved as Behavioral
Modification Materials (BMM). BMMs are provided to program participants to
motivate and/or reinforce positive behavior and/or involvement in STI control and
prevention activities. The value of the incentive is limited to $50.00 of
merchandise per person per intervention (e.g., client attendance for syphilis
treatment at $25.00 for each Bicillin injection).
b. Current CDPH approvals require the BMM to be justified with scientific proof of
behavior change, and be accompanied by a targeted distribution plan, incentive
tracking log, and reporting of incentive distribution.
c. Incentives cannot be used for the purchase of alcohol, tobacco, or drug products.
d. There is no prepayment for incentives. The Grantee will only be reimbursed for
the total cost of incentives distributed during each quarter.
e. The use of incentives must comply with the provisions in Exhibit H, STD Local
Assistance Funds — Standards and General Terms and Conditions.
2. The Grantee is responsible for the possession, security (e.g., will keep the BMMs in
a secure location), and accountability of the BMMs. The Grantee will prepare a log
sheet that will track and identify each of the BMMs, value, transfer date, and
recipient.
C. The funds for this grant agreement cannot be used for:
1. Stuff We All Get (SWAG) - The purchase of free promotional items for health
promotion events such as pens, mugs, t-shirts, posters, key chains, or bumper
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County of Fresno
Agreement #18-10698 Al
Exhibit B
Budget Detail and Payment Provisions
stickers. This provision is in accordance with the California State Constitution,
Article 16, section 6, which prohibits any gifting of public funds.
2. Individual prizes or high value incentives (e.g., iPads, iPhones) for health promotion
competitions.
3. Cash incentives paid to an individual.
4. Scholarships paid to an individual or a school on behalf of an individual.
5. Food (e.g., sponsored lunch or dinner at provider education sessions, brown bag
lunches, buffets at screening events).
6. Construction, renovation, improvement, or repair of property.
7. The purchase of alcohol, tobacco, or cannabis.
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County of Fresno
Agreement#18-10698 Al
Page 1 of 4
Exhibit D
Additional Provisions
1. Cancellation / Termination
A. This Grant may be cancelled by CDPH without cause upon thirty (30) calendar days
advance written notice to the Grantee.
B. CDPH reserves the right to cancel or terminate this Grant immediately for cause.
The Grantee may submit a written request to terminate this Grant only if CDPH
substantially fails to perform its responsibilities as provided herein.
C. The term "for cause" shall mean that the Grantee fails to meet the terms, conditions,
and/or responsibilities of this agreement. Causes for termination include, but are not
limited to the following occurrences:
1) If the Grantee knowingly furnishes any statement, representation, warranty, or
certification in connection with the agreement, which representation is materially
false, deceptive, incorrect, or incomplete.
2) If the Grantee fails to perform any material requirement of this Grant or defaults
in performance of this agreement.
3) If the Grantee files for bankruptcy, or if CDPH determines that the Grantee
becomes financially incapable of completing this agreement.
D. Grant termination or cancellation shall be effective as of the date indicated in
CDPH's notification to the Grantee. The notice shall stipulate any final performance,
invoicing or payment requirements.
E. In the event of early termination or cancellation, the Grantee shall be entitled to
compensation for services performed satisfactorily under this agreement and
expenses incurred up to the date of cancellation and any non-cancelable obligations
incurred in support of this Grant.
F. In the event of termination, and at the request of CDPH, the Grantee shall furnish
copies of all proposals, specifications, designs, procedures, layouts, copy, and other
materials related to the services or deliverables provided under this Grant, whether
finished or in progress on the termination date.
G. The Grantee will not be entitled to reimbursement for any expenses incurred for
services and deliverables pursuant to this agreement after the effective date of
termination.
H. Upon receipt of notification of termination of this Grant, and except as otherwise
specified by CDPH, the Grantee shall:
1) Place no further order or subgrants for materials, services, or facilities.
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County of Fresno
Agreement#18-10698 Al
Page 2 of 4
Exhibit D
Additional Provisions
2) Settle all outstanding liabilities and all claims arising out of such termination of
orders and subgrants.
3) Upon the effective date of termination of the Grant and the payment by CDPH of
all items properly changeable to CDPH hereunder, Grantee shall transfer, assign
and make available to CDPH all property and materials belonging to CDPH, all
rights and claims to any and all reservations, grants, and arrangements with
owners of media/PR materials, or others, and shall make available to CDPH all
written information regarding CDPH's media/PR materials, and no extra
compensation is to be paid to Grantee for its services.
4) Take such action as may be necessary, or as CDPH may specify, to protect and
preserve any property related to this agreement which is in the possession of the
Grantee and in which CDPH has or may acquire an interest.
I. CDPH may, at its discretion, require the Grantee to cease performance of certain
components of the Scope of Work as designated by CDPH and complete
performance of other components prior to the termination date of the Grant.
2. Avoidance of Conflicts of Interest by Grantee
A. CDPH intends to avoid any real or apparent conflict of interest on the part of the
Grantee, subgrants, or employees, officers and directors of the Grantee or
subgrants. Thus, CDPH reserves the right to determine, at its sole discretion,
whether any information, assertion or claim received from any source indicates the
existence of a real or apparent conflict of interest; and, if a conflict is found to exist,
to require the Grantee to submit additional information or a plan for resolving the
conflict, subject to CDPH review and prior approval.
B. Conflicts of interest include, but are not limited to:
1) An instance where the Grantee or any of its subgrants, or any employee, officer,
or director of the Grantee or any subgrant or has an interest, financial or
otherwise, whereby the use or disclosure of information obtained while
performing services under the grant would allow for private or personal benefit or
for any purpose that is contrary to the goals and objectives of the grant.
2) An instance where the Grantee's or any subgrant's employees, officers, or
directors use their positions for purposes that are, or give the appearance of
being, motivated by a desire for private gain for themselves or others, such as
those with whom they have family, business or other ties.
C. If CDPH is or becomes aware of a known or suspected conflict of interest, the
Grantee will be given an opportunity to submit additional information or to resolve
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County of Fresno
Agreement#18-10698 Al
Page 3 of 4
Exhibit D
Additional Provisions
the conflict. A Grantee with a suspected conflict of interest will have five (5) working
days from the date of notification of the conflict by CDPH to provide complete
information regarding the suspected conflict. If a conflict of interest is determined to
exist by CDPH and cannot be resolved to the satisfaction of CDPH, the conflict will
be grounds for terminating the grant. CDPH may, at its discretion upon receipt of a
written request from the Grantee, authorize an extension of the timeline indicated
herein.
3. Dispute Resolution Process
A. A Grantee grievance exists whenever there is a dispute arising from CDPH's action
in the administration of an agreement. If there is a dispute or grievance between the
Grantee and CDPH, the Grantee must seek resolution using the procedure outlined
below.
1) The Grantee should first informally discuss the problem with the CDPH Program
Grant Manager. If the problem cannot be resolved informally, the Grantee shall
direct its grievance together with any evidence, in writing, to the program Branch
Chief. The grievance shall state the issues in dispute, the legal authority or other
basis for the Grantee's position and the remedy sought. The Branch Chief shall
render a decision within ten (10) working days after receipt of the written
grievance from the Grantee. The Branch Chief shall respond in writing to the
Grantee indicating the decision and reasons therefore. If the Grantee disagrees
with the Branch Chief's decision, the Grantee may appeal to the second level.
2) When appealing to the second level, the Grantee must prepare an appeal
indicating the reasons for disagreement with Branch Chief's decision. The
Grantee shall include with the appeal a copy of the Grantee's original statement
of dispute along with any supporting evidence and a copy of the Branch Chiefs
decision. The appeal shall be addressed to the Deputy Director of the division in
which the branch is organized within ten (10) working days from receipt of the
Branch Chief's decision. The Deputy Director of the division in which the branch
is organized or his/her designee shall meet with the Grantee to review the issues
raised. A written decision signed by the Deputy Director of the division in which
the branch is organized or his/her designee shall be directed to the Grantee
within twenty (20) working days of receipt of the Grantee's second level appeal.
B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in
which the branch is organized or his/her designee, the Grantee shall follow the
procedures set forth in Division 25.1 (commencing with Section 38050) of the Health
and Safety Code and the regulations adopted thereunder. (Title 1, Division 2,
Chapter 2, Article 3 (commencing with Section 1140) of the California Code of
Regulations).
Page 3 of 4
County of Fresno
Agreement#18-10698 Al
Page 4 of 4
Exhibit D
Additional Provisions
C. Disputes arising out of an audit, examination of an agreement or other action not
covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the
California Code of Regulations, and for which no procedures for appeal are provided
in statute, regulation or the Agreement, shall be handled in accordance with the
procedures identified in Sections 51016 through 51047, Title 22, California Code of
Regulations.
D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal
correspondence shall be directed to the CDPH Grant Manager.
E. There are organizational differences within CDPH's funding programs and the
management levels identified in this dispute resolution provision may not apply in
every contractual situation. When a grievance is received and organizational
differences exist, the Grantee shall be notified in writing by the CDPH Grant
Manager of the level, name, and/or title of the appropriate management official that
is responsible for issuing a decision at a given level.
4. 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 Grantee 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 Grantee
advance written notice of such termination, allowing Grantee 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 grant, 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 Grant. 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.
Page 4 of 4
California Department of Public Health
County of Fresno
18-10698 Al
Exhibit F
Federal Terms and Conditions
(For Federally Funded Grant Agreements)
This exhibit contains provisions that require strict adherence to various contracting laws and
policies.
Index of Special Terms and Conditions
1. Federal Funds
2. Federal Equal Employment Opportunity Requirements
3. Debarment and Suspension Certification
4. Covenant Against Contingent Fees
5. Lobbying Restrictions and Disclosure Certification
6. Additional Restrictions
7. Human Subjects Use Requirments
8. Audit and Record Retention
9. Federal Requirements
CDPH(rev. 12-21) Page 1 of 13
California Department of Public Health—Federal Terms and Conditions Exhibit F
1. Federal Funds
(Applicable only to that portion of an agreement funded in part or whole with federal funds.)
a. It is mutually understood between the parties that this Agreement may have been written
before ascertaining the availability of congressional appropriation of funds, for the mutual
benefit of both parties, in order to avoid program and fiscal delays which would occur if
the Agreement were executed after that determination was made.
b. This Agreement is valid and enforceable only if sufficient funds are made available to the
State by the United States Government for the fiscal years covered by the term of this
Agreement. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the Congress or any statute enacted by the Congress
which may affect the provisions, terms or funding of this Agreement in any manner.
c. It is mutually agreed that if the Congress does not appropriate sufficient funds for the
program, this Agreement shall be amended to reflect any reduction in funds.
d. CDPH has the option to invalidate or cancel the Agreement with 30-days advance written
notice or to amend the Agreement to reflect any reduction in funds.
2. Federal Equal Opportunity Requirements
(Applicable to all federally funded grants entered into by the California Department of Public
Health (CDPH) formerly known as California Department of Health Services (CDHS).)
a. The Grantee will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, physical or mental handicap,
disability, age or status as a disabled veteran or veteran of the Vietnam era. The Grantee
will take affirmative action to ensure that qualified applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion,
sex, national origin, physical or mental handicap, disability, age or status as a disabled
veteran or veteran of the Vietnam era. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and career
development opportunities and selection for training, including apprenticeship. The
Grantee agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Federal Government or CDPH, setting forth
the provisions of the Equal Opportunity clause, Section 503 of the Rehabilitation Act of
1973 and the affirmative action clause required by the Vietnam Era Veterans'
Readjustment Assistance Act of 1974 (38 U.S.C. 4212). Such notices shall state the
Grantee's obligation under the law to take affirmative action to employ and advance in
employment qualified applicants without discrimination based on their race, color, religion,
sex, national origin physical or mental handicap, disability, age or status as a disabled
veteran or veteran of the Vietnam era and the rights of applicants and employees.
b. The Grantee will, in all solicitations or advancements for employees placed by or on behalf
of the Grantee, state that all qualified applicants will receive consideration for employment
CDPH(rev. 12-21) Page 2 of 13
California Department of Public Health—Federal Terms and Conditions Exhibit F
without regard to race, color, religion, sex, national origin physical or mental handicap,
disability, age or status as a disabled veteran or veteran of the Vietnam era.
c. The Grantee will send to each labor union or representative of workers with which it has
a collective bargaining agreement or other contract or understanding a notice, to be
provided by the Federal Government or the State, advising the labor union or workers'
representative of the Grantee's commitments under the provisions herein and shall post
copies of the notice in conspicuous places available to employees and applicants for
employment.
d. The Grantee will comply with all provisions of and furnish all information and reports
required by Section 503 of the Rehabilitation Act of 1973, as amended, the Vietnam Era
Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. 4212) and of the Federal
Executive Order No. 11246 as amended, including by Executive Order 11375, 'Amending
Executive Order 11246 Relating to Equal Employment Opportunity,' and as
supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," and of the
rules, regulations, and relevant orders of the Secretary of Labor.
e. The Grantee will furnish all information and reports required by Federal Executive Order
No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order
11246 Relating to Equal Employment Opportunity,' and as supplemented by regulation
at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," and the Rehabilitation Act of 1973, and
by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by the State and its designated
representatives and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
f. In the event of the Grantee's noncompliance with the requirements of the provisions
herein or with any federal rules, regulations, or orders which are referenced herein, this
Agreement may be cancelled, terminated, or suspended in whole or in part and the
Grantee may be declared ineligible for further federal and state contracts in accordance
with procedures authorized in Federal Executive Order No. 11246 as amended and such
other sanctions may be imposed and remedies invoked as provided in Federal Executive
Order No. 11246 as amended, including by Executive Order 11375, 'Amending Executive
Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by
regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
g. The Grantee will include the provisions of Paragraphs a through g in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Federal Executive Order No. 11246 as amended, including by
Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal
Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60, "Office
of the Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor,"or Section 503 of the Rehabilitation Act of 1973 or(38 U.S.C.4212)
of the Vietnam Era Veteran's Readjustment Assistance Act, so that such provisions will
be binding upon each subgrantee or vendor. The Grantee will take such action with
CDPH(rev. 12-21) Page 3 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit F
respect to any subcontract or purchase order as the Director of the Office of Federal
Contract Compliance Programs or CDPH may direct as a means of enforcing such
provisions including sanctions for noncompliance provided, however, that in the event the
Grantee becomes involved in, or is threatened with litigation by a subgrantee or vendor
as a result of such direction by CDPH, the Grantee may request in writing to CDPH, who,
in turn, may request the United States to enter into such litigation to protect the interests
of the State and of the United States.
3. Debarment and Suspension Certification
a. By signing this Grant, the Grantee agrees to comply with applicable federal suspension
and debarment regulations including, but not limited to 7 CFR Part 3017, 45 CFR 76, 40
CFR 32 or 34 CFR 85.
b. By signing this Grant, the Grantee certifies to the best of its knowledge and belief, that it
and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded by any federal department or agency;
(2) Have not within a three-year period preceding this application/proposal/agreement
been convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in Paragraph b(2) herein; and
(4) Have not within a three-year period preceding this application/proposal/agreement
had one or more public transactions (Federal, State or local) terminated for cause or
default.
(5) Shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under federal regulations (i.e., 48 CFR part 9, subpart 9.4),
debarred, suspended, declared ineligible, or voluntarily excluded from participation in
such transaction, unless authorized by the State.
(6) Will include a clause entitled, "Debarment and Suspension Certification" that
essentially sets forth the provisions herein, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions.
c. If the Grantee is unable to certify to any of the statements in this certification, the Grantee
shall submit an explanation to the CDPH Program Contract Manager.
d. The terms and definitions herein have the meanings set out in the Definitions and
Coverage sections of the rules implementing Federal Executive Order 12549.
CDPH(rev. 12-21) Page 4 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit F
e. If the Grantee knowingly violates this certification, in addition to other remedies available
to the Federal Government, the CDPH may terminate this Agreement for cause or default.
4. Covenant Against Contingent Fees
The Grantee warrants that no person or selling agency has been employed or retained to
solicit/secure this Grant upon an agreement of understanding for a commission, percentage,
brokerage, or contingent fee, except bona fide employees or bona fide established
commercial or selling agencies retained by the Grantee for the purpose of securing business.
For breach or violation of this warranty, CDPH shall have the right to annul this Grant without
liability or in its discretion to deduct from the Grant price or consideration, or otherwise
recover, the full amount of such commission, percentage, and brokerage or contingent fee.
5. Lobbying Restrictions and Disclosure Certification
(Applicable to federally funded grants in excess of $100,000 per Section 1352 of the 31,
U.S.C.)
a. Certification and Disclosure Requirements
(1) Each person (or recipient)who requests or receives a grant, subgrant, which is subject
to Section 1352 of the 31, U.S.C., and which exceeds $100,000 at any tier, shall file
a certification (in the form set forth in Attachment 1, consisting of one page, entitled
"Certification Regarding Lobbying")that the recipient has not made, and will not make,
any payment prohibited by Paragraph b of this provision.
(2) Each recipient shall file a disclosure (in the form set forth in Attachment 2, entitled
"Standard Form-LLL `disclosure of Lobbying Activities"') if such recipient has made or
has agreed to make any payment using nonappropriated funds (to include profits from
any covered federal action) in connection with a grant or any extension or amendment
of that grant, which would be prohibited under Paragraph b of this provision if paid for
with appropriated funds.
(3) Each recipient shall file a disclosure form at the end of each calendar quarter in which
there occurs any event that requires disclosure or that materially affect the accuracy
of the information contained in any disclosure form previously filed by such person
under Paragraph a(2) herein. An event that materially affects the accuracy of the
information reported includes:
(a) A cumulative increase of $25,000 or more in the amount paid or expected to be
paid for influencing or attempting to influence a covered federal action;
(b) A change in the person(s) or individuals(s) influencing or attempting to influence a
covered federal action; or
(c) A change in the officer(s), employee(s), or member(s) contacted for the purpose
of influencing or attempting to influence a covered federal action.
(4) Each person (or recipient) who requests or receives from a person referred to in
CDPH(rev. 12-21) Page 5 of 13
California Department of Public Health—Federal Terms and Conditions Exhibit F
Paragraph a(1) of this provision a grant or subgrant exceeding $100,000 at any tier
under a grant shall file a certification, and a disclosure form, if required, to the next tier
above.
(5) All disclosure forms (but not certifications) shall be forwarded from tier to tier until
received by the person referred to in Paragraph a(1) of this provision. That person
shall forward all disclosure forms to CDPH Program Contract Manager.
b. Prohibition
Section 1352 of Title 31, U.S.C., provides in part that no appropriated funds may be
expended by the recipient of a federal contract or agreement, grant, loan, or cooperative
agreement to pay any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with any of the following covered
federal actions: the awarding of any federal contract or agreement, the making of any
federal grant, the making of any federal loan, entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal
contract or agreement, grant, loan, or cooperative agreement.
6. Additional Restrictions
Grantee shall comply with the restrictions under Division F, Title V, Section 503 of the
Consolidated Appropriations Act, 2012 (H.R. 2055), which provides that:
"SEC. 503.(a) No part of any appropriation contained in this Act or transferred pursuant
to section 4002 of Public Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation designed to support or defeat the
enactment of legislation before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local legislature itself, or
designed to support or defeat any proposed or pending regulation, administrative action,
or order issued by the executive branch of any State or local government, except in
presentation to the executive branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or transferred pursuant to section
4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation, administrative action, or
Executive order proposed or pending before the Congress or any State government,
State legislature or local legislature or legislative body, other than for normal and
recognized executive-legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative processes within the
executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or
promote any proposed, pending or future Federal, State or local tax increase, or any
proposed, pending, or future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the advocacy or promotion of
gun control."
CDPH(rev. 12-21) Page 6 of 13
California Department of Public Health—Federal Terms and Conditions Exhibit F
7. Human Subjects Use Requirements
(Applicable only to federally funded agreements in which performance, directly or through a
subgrantee/subaward, includes any tests or examination of materials derived from the human
body.)
By signing this Agreement, Grantee agrees that if any performance under this Agreement or
any subcontract or subagreement includes any tests or examination of materials derived from
the human body for the purpose of providing information, diagnosis, prevention, treatment or
assessment of disease, impairment, or health of a human being, all locations at which such
examinations are performed shall meet the requirements of 42 U.S.C. Section 263a (CLIA)
and the regulations thereunder.
8. Audit and Record Retention
(Applicable to agreements in excess of$10,000.)
a. The Grantee shall maintain books, records, documents, and other evidence, accounting
procedures and practices, sufficient to properly reflect all direct and indirect costs of
whatever nature claimed to have been incurred in the performance of this Agreement,
including any matching costs and expenses. The foregoing constitutes "records" for the
purpose of this provision.
b. The Grantee's facility or office or such part thereof as may be engaged in the performance
of this Agreement and his/her records shall be subject at all reasonable times to
inspection, audit, and reproduction.
c. Grantee agrees that CDPH, the Bureau of State Audits, or their designated
representatives including the Comptroller General of the United States shall have the right
to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Grantee agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records. Further, the Grantee agrees
to include a similar right of the State to audit records and interview staff in any subgrantee
related to performance of this Agreement. (GC 8546.7, CCR Title 2, Section 1896).
d. The Grantee shall preserve and make available his/her records (1) for a period of three
years from the date of final payment under this Agreement, and (2)for such longer period,
if any, as is required by applicable statute, by any other provision of this Agreement, or
by subparagraphs (1) or (2) below.
(1) If this Agreement is completely or partially terminated, the records relating to the work
terminated shall be preserved and made available for a period of three years from the
date of any resulting final settlement.
(2) If any litigation, claim, negotiation, audit, or other action involving the records has been
started before the expiration of the three-year period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until
the end of the regular three-year period, whichever is later.
CDPH(rev. 12-21) Page 7 of 13
California Department of Public Health—Federal Terms and Conditions Exhibit F
f. The Grantee may, at its discretion, following receipt of final payment under this
Agreement, reduce its accounts, books and records related to this Agreement to
electoronic data storage device. Upon request by an authorized representative to inspect,
audit or obtain copies of said records, the Grantee and/or Subgrantee must supply or
make available applicable devices, hardware, and/or software necessary to view, copy
and/or print said records.
9. Federal Requirements
Grantee agrees to comply with and shall require all subgrantee's, if any, to comply with
all applicable Federal requirements including but not limited to the United States Code,
the Code of Federal Regulations, the Funding Opportunity Announcement, the Notice of
Award, the funding agreement, and any memoranda or letter regarding the applicable
Federal requirements.
CDPH(rev. 12-21) Page 8 of 13
California Department of Public Health—Federal Terms and Conditions Exhibit 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 subGrantees, subgrants, and contracts
under grants and cooperative agreements) of$100,000 or more, and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S.C., any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
County of Fresno I I Sal Quintero
Name of Grantee Printed Name of Person Signing for Grantee
18-10698, Al
Contract/ Grant Number Sig to f Pe son Signing for Grantee
Chairman of Board of Supervisors -
1 -a£'-a3 County of Fresno
Date Title ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
After execution by or on behalf of Grantee, please return to: County of Fresno,State of California
By Deputy
CDPH(rev. 12-21) Page 9 of 13
California Department of Public Health—Federal Terms and Conditions Exhibit F
California Department of Public Health
STD Control Branch
P.O. Box 997377, MS 7320
Sacramento, CA 95899-7377
CDPH reserves the right to notifiy the Grantee in writing of an alternate submission address.
CDPH(rev. 12-21) Page 10 of 13
California Department of Public Health—Federal Terms and Conditions Exhibit F
Attachment 2
CERTIFICATION REGARDING LOBBYING
Approved by OMB Complete this form to disclose lobbying
activities pursuant to 31 U.S.C. 13520348-0046
(See reverse for public burden disclosure)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract [ ] a. bid/offer/application [ ] a. initial filing
b. grant b. initial award b. material change
c. cooperative c. post-award For Material Change Only:
agreement
d. loan Year quarter'
e. loan guarantee
f. loan insurance date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter
Name
and Address of Prime:
❑ Prime ❑ Subawardee
Tier if known:
6. Federal Department/Agency 7. Federal Program Name/Description:
8. Federal Action Number, if known: 9. Award Amount, if known:
10.a. Name and Address of Lobbying b. Individuals Performing Services (including
Registrant address if different from 10a.
(If individual, last name, first name, MI): (Last name, First name, MI):
11.Information requested through this form
is authorized by title 31 U.S.C. section Signature:
1352. This disclosure of lobbying
activities is a material representation of Print Name:
fact upon which reliance was placed by Title:
the tier above when this transaction was Telephone No.: Date:
made or entered into. This disclosure is
required pursuant to 31 U.S.C. 1352.
This information will be available for
public inspection. required disclosure
shall be subject to a not more than
$100,000 for each such failure.
Federal Use Only Authorized for Local Reproduction
Standard Form-LLL (Rev. 7-97)
CDPH(rev. 12-21) Page 11 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit 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 filing and material change report. Refer to the implementing guidance
published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured
to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a
material change to the information previously reported, enter the year and quarter in which the
change occurred. Enter the date of the last previously submitted report by this reporting entity
for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include
Congressional District, if known. Check the appropriate classification of the reporting entity that
designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the
subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are
not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name,
address, city, State and zip code of the prime Federal recipient. Include Congressional District,
if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least
one organizational level below agency name, if known. For example, Department of
Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known,
enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified
in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant
announcement number; the contract, grant, or loan award number; the application/proposal
control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount of the award/loan commitment for the prime entity identified
in item 4 or 5.
CDPH(rev. 12-21) Page 12 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit F
10.(a) Enter the full name, address, city, State and zip code of the lobbying registrant under the
Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to
influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if
different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11.The certifying official shall sign and date the form, print his/her name, title, and telephone
number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid
OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this collection
of information is estimated to average 10 minutes per response, including time for reviewing instructions,searching existing data sources,gathering
and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork
Reduction Project(0348-0046),Washington,DC 20503.
CDPH(rev.12-21) Page 13 of 13
County of Fresno
18-10698 Al
Page 1 of 5
Exhibit H
STD Local Assistance Funds — Standards and General Terms and Conditions
1. Overview
The California Department of Public Health (CDPH) STD Control Branch (STDCB) sets
forth the following standards and procedures. These standards and procedures specify
the conditions for receipt of CDPH STDCB local assistance funds. The purpose of the
sexually transmitted disease (STD) local assistance funds is to augment local support for
STD prevention and control activities. The local health department has the authority for
STD prevention and control as outlined in the Summary of Regulations Related to STD
Prevention and Control Efforts in California.
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/STD-
ForLocalHealthJurisdictions.aspx.
2. Grantee's Responsibilities
The Grantee agrees to:
A. Direct activities toward achieving the program objectives set forth by the CDPH
STDCB.
B. Use these funds in accordance with any additional guidance set forth by the
CDPH STDCB regarding the granting, use and reimbursement of the STDCB
local assistance funds. Additional consideration should be given to other
guidance from the CDPH and Centers for Disease Control and Prevention
intended to highlight successful STD or HIV prevention strategies or outline
California specific initiatives, policies and procedures. Please find relevant
programmatic guidance documents on the CDPH STDCB website:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/STD.aspx
C. Use these funds to augment existing funds and not supplant funds that have
been locally appropriated for the same purposes. Local assistance funds are
intended to provide local entities with increased capabilities to address STD
control needs. Supplanting of funds is defined (for the purposes of this
agreement) as using local assistance award monies to "replace" or"take the
place of existing local funding. For example, reductions in local funds cannot be
offset by the use of CDPH STDCB dollars for the same purpose.
D. Abide by the most recent standards of care for STD screening, treatment, control
and prevention as promulgated by:
1. California Department of Public Health
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/STDs-
ClinicalGuidelines.aspx
2. Centers for Disease Control and Prevention
https://www.cdc.gov/std/tq20l5/default.htm
E. Share health adivisories, health education materials, and other products created
to enhance STD awareness and prevention funded with these dollars with CDPH
and other LHJs in California. The intent of this is to allow duplication (where
possible) and cross-jurisdictional reach of successful STD awaremess
campaigns aimed at the public, select populations, or clinical providers. These
should be submitted with the annual progress report.
F. Submit information and reports as requested by the CDPH STDCB.
County of Fresno
18-10698 Al
Page 2 of 5
Exhibit H
STD Local Assistance Funds — Standards and General Terms and Conditions
3. Reporting Requirements
A. Case Reports
All Grantees shall comply with morbidity reporting requirements for reportable
STDs identified in Title 17, California Code of Regulations (CCR) §2500, §2593,
§2641.5-2643.20, and §2800—20182 Reportable Diseases and Conditions.
https://www.cdph.ca.gov/Programs/CI D/DCDC/CDPH%20Document%20Library/
ReportableDiseases.pdf
All Grantees, excluding Los Angeles and San Francisco, must enter STD case
data for their jurisdiction directly into the California Reportable Disease
Information Exchange (CaIREDIE), the CDPH web-based reporting software for
notifiable diseases. CDPH STD Control Branch will provide essential variables
for data entry and STD case report forms. Specific case investigation and report
requirements are as follows:
1. Syphilis laboratory tests and confidential morbidity reports should be
processed and assigned for investigation according to the California
Syphilis Reactor Alert System (SRAS). Some health jurisdictions may
have a more nuanced local system for prioritizing reported reactive
syphilis tests.
https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20
Library/SyphilisReactorSRASChartAlgorithm.pdf
2. Syphilis cases and congenital syphilis case investigations are to be
reported according to updated CDPH STDCB protocols on the
appropriate case report forms (Syphilis Interview Record or California
Congenital Syphilis-CS Case Investigation and Report) found in
CaIREDIE; samples of these forms can be viewed at
https://www.cdi)h.ca.gov/Programs/PSB/Pages/CommunicableDiseaseCo
ntrol.aspx. Grantees will submit complete case reports into the CaIREDIE
Electronic Filing Cabinet within 45 days of initial report to local health
department.
3. Chlamydia and gonorrhea reports are automatically initiated through
CaIREDIE with electronic laboratory report information, data entry of
laboratory, or provider report.
4. Cases of gonorrhea with suspected treatment failure or with high
minimum inhibitory concentrations (MIC) to CDC-recommended treatment
should be reported to CDPH STDCB within 24 hours of initial report to
local health department. Reports should be conveyed by calling the
CDPH STDCB Office at (510) 620-3400.
5. Suspected or confirmed cases of granuloma inguinale, lymphogranuloma
venereum, and chancroid should be reported to CDPH STDCB within 24
hours of initial report to local health department. Reports should be
conveyed by calling the CDPH STDCB Office at (510) 620-3400.
County of Fresno
18-10698 Al
Page 3 of 5
Exhibit H
STD Local Assistance Funds — Standards and General Terms and Conditions
Grantees will participate in STD-specific CaIREDIE trainings and conduct
quality control procedures, including review of cases to ensure
appropriate surveillance case definition and reconciliation of case counts.
For STD case definitions, please visit
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/STDCaseDefinition
s.aspx
B. Electronic Reporting
All Grantees, excluding Los Angeles and San Francisco, must enter STD case
data for their jurisdiction directly into CaIREDIE, including data entry of core
variables into the CaIREDIE tabs, case reports and interview records. Neither
submission of hard copy forms for data entry into CaIREDIE by CDPH, nor
scanning of case reports/interview records into EFC, sans data entry, will be
accepted. Direct entry of data into CaIREDIE improves reporting processes
including submission of case reports to the CDC and inter-jurisdictional
communication. The CDPH STDCB website has extensive resources to assist
LHJs with CaIREDIE including frequently asked questions, manuals/guidelines,
and forms/instructions.
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/STD-CaIREDIE-
Resources.aspx
For additional STD-related CaIREDIE help, please email
STDCalREDIE(aD_cdph.ca.gov.
C. Data Security and Confidentiality
Grantees shall comply with recommendations set forth in CDC's "Data Security
and Confidentiality Guidelines for HIV, Viral Hepatitis, Sexually Transmitted
Disease, and Tuberculosis Programs."
http://www.cdc.gov/nchhstp/programintegration/docs/PCSI DataSecurityGuideline
s.pdf. Grantees shall have staff complete CDPH required confidentiality and data
security training, and maintain on file associated confidentiality agreements for
each staff person with access to STD data.
D. Outbreak Reporting
The California Code of Regulations (Title 17, Section 2502[c]) directs local health
officers to immediately report unusual disease occurrences or outbreaks to
CDPH. Reports should be conveyed by calling the CDPH STDCB Office at (510)
620-3400.
County of Fresno
18-10698 Al
Page 4 of 5
Exhibit H
STD Local Assistance Funds — Standards and General Terms and Conditions
E. Financial Expenditures and Reporting
Grantees must maintain records reflecting actual expenditures. Please see the
CDPH STDCB Use of Local Assistance Funds document for guidance on
allowable and non-allowable expenditures.
https://www.cdph.ca.gov/Programs/CI D/DCDC/CDPH%20Document%2OLibrarv/
UseofLocalAssistanceFunds.pdf, The CDPH STDCB reserves the right to
question and re-negotiate reimbursement for any expenditure that may appear to
exceed a reasonable cost for the service. Financial expenditures/reporting are
required and must be submitted within 45 calendar days after the end of each
quarter. Annual financial expenditures and reporting should be submitted no later
than 45 days after the end of the budget period. Invoices should be sent to
STDLHJInvoices(@cdph.ca.gov.
F. Annual Performance Progress Reporting
The Annual Performance Progress Report is due no later than 30 days prior to
the end of the budget period (e.g. May 31, 2020), and serves as the continuation
application for the follow-on budget period. All publications and manuscripts
published as a result of the work supported in part or whole by the cooperative
grant must be submitted with the performance progress reports. Additionally,
health advisories, health education materials, and other products should be
submitted. Annual Performance Progress Report should be submitted to
STDLHJContracts(a�cdph.ca.gov.
G. Reporting Use of Incentives
Acceptable incentives include items such as low value gift cards (e.g., WalMart,
Safeway, transportation vouchers), hygiene kits, and/or other STD-related
incentives. All proposals for incentives must be submitted to CDPH STDCB for
review prior to purchase and project implementation, accompanying documents
must contain justification for use as behavior modification material, and
accompanied by a targeted distribution plan and tracking/reporting/outcome log.
When using incentives to achieve the goals and objectives outlined in the Scope
of Work, the Grantee must adhere to the following requirements:
1. Complete a Subject Reimbursement Log that is kept within a secure
study file. This log will contain the gift card brand, gift card number,
denomination, date purchased, reason for disbursement, the recipient of
the incentive, and the issue date (see attached log).
2. Each participant receiving an incentive must complete a Subject Incentive
Payment Receipt at the time the incentive is issued. The Subject
Incentive Payment Receipt must be kept in a secure location.
3. Participation incentives cannot be used for the purchase of alcohol,
tobacco, or drug products.
4. A copy of the Subject Reimbursement Log must be submitted with the
quarterly invoice.
County of Fresno
18-10698 Al
Page 5 of 5
Exhibit H
STD Local Assistance Funds — Standards and General Terms and Conditions
5. The Subject Incentive Payment Receipt must be kept for a minimum of
five (5) years after the termination of the grant.
4. Rights of California Department of Public Health, Sexually Transmitted Disease
Control Branch
A. The CDPH STDCB reserves the right to modify the terms and conditions of all
awards. Additional information and documentation may be required.
B. The CDPH STDCB reserves the right to use and reproduce all reports and data
produced and delivered pursuant to the local assistance awards and reserves the
right to authorize others to use or reproduce such materials, provided that the
confidentiality of patient information and records is protected pursuant to
California State laws and regulations.
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT OFFICE OF LEGAL SERVICES
DGS OLS 04(Rev.01/17)
Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to,or
otherwise proposes to enter into or renew a contract with, a state agency with respect to any
contract in the amount of$100,000 or above shall certify, under penalty of perjury, at the time
the bid or proposal is submitted or the contract is renewed, all of the following:
1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts executed or renewed after
January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section
51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the
Government Code); and
2. EMPLOYER DISCRIMINATORY POLICIES: For contracts executed or renewed after
January 1, 2017, if a Contractor has an internal policy against a sovereign nation or
peoples recognized by the United States government, the Contractor certifies that such
policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code)
or the Fair Employment and Housing Act (Section 12960 of the Government Code).
CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Proposer/Bidder Firm Name (Printed) Federal ID Number
County of Fresno 94-6000512
By (Authorized Signature) ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
tn d am and Title of Person Signing By Deputy
Sal Quintero, Chairman of the Board of Supervisors, County of Fresno
Executed in the County of Executed in the State of
Fresno CA
Date Executed
t-1 -a ff-a 3
Agreement Between the County of Fresno and the California Department of
Public Health
Agreement Name: CDPH California Sexually Transmitted Disease Program — STD
Program Management Congenital Syphilis Prevention Agreement No. 18-10698, Al
Fund/Subclass: 0001/10000
Organization #: 56201661
Revenue Account #: 3530