HomeMy WebLinkAboutAgreement A-19-098 with CA Department of Public Health.pdfState of California -Health and Human Services Agency-California Department of Public Health
CDPH 1229 (12/2017)
Agreement No. 19-098
~ALIFORNIA PERINATAL EQUITY INITIATIVE )Awarded By
THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, hereinafter "Department"
TO
~ounty of Fresnd, hereinafter "Grantee"
Implementing the project, !"California Perinatal Equity Initiative~,, hereinafter "Project"
GRANT AGREEMENT NUMBERllS-1064~
The Department awards 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
unde~ Health and Safety Code, 123235.
The program may include the provision of educational, preventative, diagnostic and treatment services,
including medical care, hospitalization and other institutional care and a~ercare, appliances and
facilitating services directed toward reducing infant mortality and improving the health of mothers and
children. The department may make grants or contracts or advance funds from any funds that
are made available for the purposes of the Maternal and Child Health Program Act (Section
27).
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.j,
1. PURPOSE: The Department shall provide a grant to and for the benefit of the Grantee;
the purpose of the Grant is to \
a. Deepen understanding of the gaps in services within the Black community contributing
to increased infant mortality rates and the promising interventions to reduce Black infant
mortality through stakeholder engagement meetings and the initiation of local Perinatal
Equity Planning Grants to the 13 Black Infant Health (BIH) counties (note: 13 counties
oversee 15 BIH sites.)
b. To develop a 3-year Perinatal Equity Initiative "Collective Impact" blueprint that
outlines a common goals, agenda and shared measurements to reduce infant mortality
among the BIH counties.
c. To develop and release a Request for Application (RFA) to reduce infant mortality by
March 1, 2019. I
GRANT AMOUNT: The maximum amount payable under this Grant shall not exceed ~529,236 ].
TERM OF GRANT AGREEMENT: The term of the Grant shall begin on \December 1, 201~,
or upon approval of this grant, and terminates qn September 30, 20}9].
Page 1 of 4
State of California – Health and Human Services Agency – California Department of Public Health
CDPH 1229 (12/2017)
Page 2 of 4
PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant will be:
California Department of Public Health Grantee: County of Fresno
Grant Manager: Candice Shimanek Name:David Pomaville, Public Health Director
1615 Capitol Avenue, Suite 73.560, MS 8400 Address: 1221 Fulton Street
Sacramento, CA 95814 City, ZIP: Fresno, CA 93721
(916) 650-0339 Phone: (559) 600-3200
Fax: Fax:
Candice.Shimanek@cdph.ca.gov E-mail: dpomaville@fresnocountyca.gov
Direct all inquiries to:
California Department of Public Health,
Maternal and Infant Health Branch Grantee: County of Fresno
Susan Hunter Attention: Fanta Nelson
1615 Capitol Avenue, Suite 73.540 Address: 142 E California Avenue
Sacramento, CA 95814 City, Zip: Fresno, CA 93706
(916) 341-6333 Phone: (559) 600-3330
Fax Fax:
Susan.Hunter@cdph.ca.gov E-mail: fnelson@fresnocountyca.gov
Either party may change its Project Representative upon written notice to the other party.
All payments from CDPH to the Grantee; shall be sent to the following remittance address:
Grantee: County of Fresno
Attention: Bruna Chavez, DPH Business Manager
Address: PO Box 11867
City, Zip: Fresno, CA 93775
Phone: (559) 600-6415
Fax:
E-mail: dphboap@fresnocountyca.gov
State of California – Health and Human Services Agency – California Department of Public Health
CDPH 1229 (12/2017)
Page 4 of 4
County of Fresno
18-10643
Exhibit A – Workplan
Page 1 of 7
The California Legislature found and declared a continuing statewide gap between mortality rates for Black infants and
those for other population groups. Although statistically significant declines in infant mortality have been achieved, the
rate of mortality among Black infants continues to be two to four time higher than the rates for other groups statewide.
Preterm birth, the leading cause for infant death, has increased for the third straight year in California. One response to
the crises is the Black Infant Health (BIH) Program, an evidenced-informed intervention program focusing on social
support, stress management, and empowerment designed to reduce Black infant mortality.
To augment the current BIH services, the California Legislature appropriated new funding and directed the California
Department of Public Health (CDPH) to establish the California Perinatal Equity Initiative to expand the scope of
interventions. This Initiative shall foster the implementation of perinatal health interventions to fill gaps in current
programming offered through the BIH Program.
During the current FY 2018/19, CDPH will award Planning Grants on a sliding funding scale for up to 13 Local County
Health Departments to implement the following:
Objective Activity Deliverable
1: MCAH Director and
other designated staff
will attend State
Learning and
Brainstorming Sessions
throughout 2019.
1.Provide feedback on Strengths, Weakness,
Opportunities, and Threats contributing to Black
maternal and infant well-being and more importantly, to
explore possibilities for solutions to reversing the
negative trend of Black maternal and infant mortality.
2.Participate in broad conceptual strategic thinking and
planning for developing Perinatal Equity Initiative
interventions including:
a. Evidenced-Based Group Prenatal Care
b.Pregnancy Intentionality
(Preconception/Interconception Care)
c.Fatherhood or Partnership Initiatives
1.Attendance/participation in
State Session.
2.Attendance/participation in
State Session.
County of Fresno
18-10643
Exhibit A – Workplan
Page 2 of 7
d.Evidenced-Based/Evidenced Informed Home
Visitation/Case Management
e.Other Service (Blend of social and medical
interventions, e.g. Doula/Patient Navigator
services.
3.Participate in Results Based Accountability Training and
input on measurement design
4.Share and discuss findings from the environmental scan
and data analysis of Black Infant Mortality and preterm
births.
3.Attendance/participation in
State Session.
4.Attendance/participation in
State Session.
2: By June 1, 2019
conduct an
Environmental Scan to
gain a deeper
understanding of the
Black Community and
its Infant Mortality rate.
1.Review local County Vital Statistics, local Black infant
mortality data, FIMR & SIDS findings, CPSP chart reviews,
and other data to understand where in the community
Black infant mortality is occurring, the contributing
factors to Black infant mortality and preterm birth, where
women are delivering, how and where women receive
prenatal care and how women are supported before,
during and after pregnancy.
2.Conduct and/or draw from previous findings (learnings)
from recent environmental scans concerning the gaps in
perinatal health care and community services that
contribute to the reduction of Black Infant Mortality to
provide clarity on challenges, barriers, service gaps, and
needs to improve African American birth outcomes,
3.Conduct a minimum of 2 local community and
stakeholder Engagement Learning Sessions to
1.Report/Findings from review
of local data.
2.Report/Findings from review
of local data.
3.Report/Findings from review
of local data.
County of Fresno
18-10643
Exhibit A – Workplan
Page 3 of 7
understand what moms, fathers, community, social
support programs and others believe are the causes of
Infant Mortality and what can be done to drive change.
3: By June 1, 2019
partner and fund 2-5
Hospitals with highest
Black Preterm singleton
births to conduct a
medical records review
of preterm births to
understand causes and
possible interventions.
1.Meet with hospital leadership from 2-5 hospitals with
above average Black preterm births to discuss the
Perinatal Equity Initiative and the proposal for
conducting medical record reviews on Black preterm
births.
2.Fund and partner with hospitals to conduct medical
records reviews.
3.Engage local Regional Perinatal Programs of
California in the review of medical records to
understand barriers and opportunities in addressing
preterm birth in the identified hospitals.
4.Conduct a focus group with moms from the hospital
in the county with the highest Black preterm birth
rate to understand the delivery experience and
causes of preterm birth and possible interventions
5.Engage local Regional Perinatal Programs of
California to understand barriers and opportunities in
addressing preterm birth in the identified hospitals.
6.Discuss with the State and other BIH counties the
protocol for hospital chart reviews and template to be
utilized; develop a timeline for conducting reviews at
each hospital. Medical Record Review content
include but not limited to the following categories:
a.Health status prior to pregnancy
1.Summary of commitment
and interest of hospital
leadership in participating in
the initiative.
2.List of hospitals receiving
funding.
3.Findings from the focus
groups.
4.Date of meeting with RPPC
Directors.
5.Report on hospitals findings
from the chart review.
County of Fresno
18-10643
Exhibit A – Workplan
Page 4 of 7
i.Good
ii.Excellent
iii.Other
b.Pre-existing chronic conditions
i.Diabetes
ii.Hypertension
iii.Heart disease
iv.Asthma
v.Other
c.Prenatal Care Visits
i.Number of Prenatal Care Visits
ii.Content of Prenatal Care Visits
d.Nutrition and Weight
i.Overweight prior to pregnancy
ii.Obese prior to pregnancy
iii.Excessive weigh gain during
pregnancy
iv.Food insecurity during pregnancy
e. Hardships
i.Homeless or no regular place to sleep
ii.Moved due to problems paying rent or
mortgage
iii.Woman or partner lost job
iv.Woman or partner had pay or hours cut
back
v.Became separated or divorced
vi.Had no support system
vii.Became separated or divorced
viii.Had no support system
County of Fresno
18-10643
Exhibit A – Workplan
Page 5 of 7
7.Develop a summary of findings from each hospital
and a collective report of all hospitals surveyed and
overall findings, along with potential
recommendations to improve the quality of care and
share learnings at State Collaborative Learning
Sessions.
4: By March 1, 2019
establish a local
Perinatal Health Equity
Community Advisory
Board to input on the
needs and opportunities
to reduce Black Infant
Mortality
1.Establish a local Perinatal Health Equity Community
Advisory Board which meets monthly to engage local
stakeholders, including moms, families, hospitals,
clinics, CPSP, public health entities, BIH, providers,
non-profits, WIC, faith community etc., to understand
gaps and solutions to reduce Black infant mortality.
a.Identify Strengths, Weakness, Opportunities, and
Threats contributing to maternal and infant well-
being and more importantly to specify solutions to
reverse the negative trend associated with Black
maternal and infant mortality.
b.Introduce and discuss Perinatal Equity Initiative
interventions with Stakeholders to raise
awareness and to solicit input on the
interventions that are the most promising in
targeted communites or areas of focus.
Interventions are delineated as follows:
Evidenced-Based Group Prenatal Care
Pregnancy Intentionality
(Preconception/Interconception Care)
Fatherhood or Partnership Initiatives
Evidenced-Based/Evidenced Informed
Home Visitation/Case Management
Other Innovative Services (Blend of social
and medical interventions, e.g.
1.Community Advisory Board
roster, meeting agendas,
minutes, and report on
findings and list of
Stakeholder attendees.
County of Fresno
18-10643
Exhibit A – Workplan
Page 6 of 7
Doula/Patient Navigator services,
evidence based strategies that reduce
preterm birth and infant mortality.)
5: By September 1,
2019 develop and
implement a Public
Health Awareness
Campaign to raise
awareness and to
promote health
messages to vulnerable
populations with the
highest rates of preterm
birth and infant
mortality.
1.Create a plan to launch a Public Health Awareness
Campaign to engage the community and to raise
awareness regarding Black preterm birth rates, health
inequities, Black maternal and infant mortality rates and
the promotion of health activities that contribute to
health and well-being, (e.g. how to support Black
women to have healthy babies, promotion of self-care to
reduce the impact of stress, chronic worry and racial
injustice and importance of knowing the symptoms of
preterm labor. Plan to include but not limited to targeted
and paid social media messages, internet banners, web
graphics, signs and posters highlighting the health
education videos, YouTube videos, radio, television,
and/or bill board ads.
2.Designate a liaison to represent the County needs and
opportunities and participate in a State communication
planning process to standardize and coordinate the
communication messages, social media, Campaign
images, opportunities and plans and receive technical
assistance and guidance as needed from state
Maternal, Child and Adolescent Health Division staff.
3.Explore through reviews of the literature and
conversations with women in the community, including
past and present BIH participants, about where and how
Black women of reproductive age and the community
receive and share information.
1.Public Awareness Campaign
plan.
2.Copies of Campaign content.
3.Report out on how and
where Black women and the
community receive and
share information.
County of Fresno
18-10643
Exhibit A – Workplan
Page 7 of 7
4.Identify partnerships and organizations that can help
distribute and promote messages and a social media
campaign.
5.Launch a coordinated strategic Public Health
Awareness Campaign by September 1, 2019.
4.Partnership contact list of
new partnerships established
to support the campaign.
5.Distribution list of where and
how campaign was
featured/aired.
County of Fresno
18-10643
Exhibit B
Budget Detail and Payment Provisions
Page 1 of 2
1.Invoicing and Payment
A. Upon execution of the Grant, and upon receipt and approval of the invoice(s), the State agrees
to reimburse the Grantee for activities performed and expenditures incurred in accordance with
the costs specified herein.
B. Invoices shall include the Grant Number and shall be submitted in triplicate not more frequently
than quarterly to:
Contract Manager
California Department of Public Health
Maternal, Child and Adolescent Health Division
MS Code 8305
1615 Capitol Avenue, P.O. Box 997420
Sacramento, CA 95899-7420
C. Invoices shall:
1)Be prepared on Grantee letterhead. If invoices are not on produced letterhead invoices
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 under this
Grant.
2)Bear the Grantee’s name as shown on the Grant.
3)Identify the billing and/or performance period covered by the invoice.
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.
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.
County of Fresno
18-10643
Exhibit B
Budget Detail and Payment Provisions
Page 2 of 2
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 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
Any reimbursement for necessary travel and per diem shall be at the rates currently in effect as
established by the California Department of Human Resources (CalHR).
County of Fresno
Grant 18-10643
Page 1 of 4
EXHIBIT C
STANDARD GRANT CONDITIONS
1.APPROVAL: This Grant is of no force or effect until signed by both parties and approved by
the Department of General Services, if required. The Grantee may not commence
performance until such approval has been obtained
2.AMENDMENT: No amendment or variation of the terms of this Grant shall be valid unless
made in writing, signed by the parties, and approved as required. No oral understanding or
Agreement not incorporated in the Grant is binding on any of the parties. In no case shall
the Department materially alter the scope of the Project set forth in Exhibit A.
3.ASSIGNMENT: This Grant is not assignable by the Grantee, either in whole or in part,
without the written consent of the Grant Manager in the form of a written amendment to the
Grant.
4.AUDIT: Grantee agrees that the Department, 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 this Grant. Grantee agrees to maintain such records for a
possible audit for a minimum of three (3) years after final payment or completion of the
project funded with this Grant, unless a longer period of records retention is stipulated.
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, Grantee agrees to include a similar right of the State to audit records
and interview staff in any subcontract related to the project.
5.CONFLICT OF INTEREST: Grantee certifies that it is in compliance with all applicable state
and/or federal conflict of interest laws.
6.INDEMNIFICATION: Grantee 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 project, and from any and all claims and losses accruing or resulting to any person, firm
or corporation who may be injured or damaged by Grantee in the performance of any
activities related to the Project.
7.FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: Grantee agrees
that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit
tracing of all grant funds to a level of expenditure adequate to establish that such funds have
not been used in violation of any applicable state or federal law, or the provisions of this
Grant. Grantee further agrees that it will maintain separate Project accounts in accordance
with generally accepted accounting principles.
8.GOVERNING LAW: This Grant is governed by and shall be interpreted in accordance with
the laws of the State of California.
County of Fresno
Grant 18-10643
Page 2 of 4
9.INCOME RESTRICTIONS: Grantee agrees that any refunds, rebates, credits, or other
amounts (including any interest thereon) accruing to or received by the Grantee under this
Grant shall be paid by the Grantee to the Department, to the extent that they are properly
allocable to costs for which the Grantee has been reimbursed by the Department under this
Grant.
10.INDEPENDENT CONTRACTOR: Grantee, and its agents and employees of Grantee, in the
performance of the Project, shall act in an independent capacity and not as officers,
employees or agents of the Department.
11.MEDIA EVENTS: Grantee shall notify the Department’s Grant Manager in writing at least
twenty (20) working days before any public or media event publicizing the accomplishments
and/or results of the Project and provide the opportunity for attendance and participation by
Department’s representatives.
12.NO THIRD-PARTY RIGHTS: The Department and Grantee do not intend to create any
rights or remedies for any third- party as a beneficiary of this Grant or the project.
13.NOTICE: Grantee shall promptly notify the Department’s Grant Manager in writing of any
events, developments or changes that could affect the completion of the project or the budget
approved for this Grant.
14.PROFESSIONALS: Grantee agrees that only licensed professionals will be used to perform
services under this Grant where such services are called for.
15.RECORDS: Grantee certifies that it will maintain Project accounts in accordance with
generally accepted accounting principles. Grantee further certifies that it will comply with the
following conditions for a grant award as set forth in the Workplan (Exhibit A).
A. Establish an official file for the Project which shall adequately document all
significant actions relative to the Project;
B. Establish separate accounts which will adequately and accurately depict all
amounts received and expended on this Project, including all grant funds received
under this Grant;
C. Establish separate accounts which will adequately depict all income received which
is attributable to the Project, especially including any income attributable to grant
funds disbursed under this Grant;
D. Establish an accounting system which will adequately depict final total costs of the
Project, including both direct and indirect costs; and,
E. Establish such accounts and maintain such records as may be necessary for the
state to fulfill federal reporting requirements, including any and all reporting
requirements under federal tax statutes or regulations.
16.RELATED LITIGATION: Under no circumstances may Grantee use funds from any
disbursement under this Grant to pay for costs associated with any litigation between the
Grantee and the Department.
County of Fresno
Grant 18-10643
Page 3 of 4
17.RIGHTS IN DATA: Grantee and the Department agree that all data, plans, drawings,
specifications, reports, computer programs, operating manuals, notes, and other written or
graphic work submitted under Exhibit A in the performance of the Project funded by this Grant
shall be in the public domain. Grantee may disclose, disseminate and use in whole or in part,
any final form data and information received, collected, and developed under this Project,
subject to appropriate acknowledgment of credit to the Department for financial support.
Grantee shall not utilize the materials submitted to the Department (except data) for any profit
making venture or sell or grant rights to a third-party who intends to do so. The Department
has the right to use submitted data for all governmental purposes.
18.VENUE: The Department and Grantee agree that any action arising out of this Grant shall be
filed and maintained in the Superior Court, California. Grantee waives any existing sovereign
immunity for the purposes of this Grant, if applicable.
19.STATE-FUNDED RESEARCH GRANTS:
A. Grantee shall provide for free public access to any publication of a department-funded
invention or department-funded technology. Grantee further agrees to all terms and
conditions required by the California Taxpayer Access to Publicly Funded Research Act
(Chapter 2.5 (commencing with Section 13989) of Part 4.5 of Division 3 of Title 2 of the
Government Code).
B. As a condition of receiving the research grant, Grantee agrees to the following terms and
conditions which are set forth in Government Code section 13989.6 (“Section 13989.6”):
1)Grantee is responsible for ensuring that any publishing or copyright agreements
concerning submitted manuscripts fully comply with Section 13989.6.
2)Grantees shall report to the Department the final disposition of the research grant,
including, but not limited to, if it was published, when it was published, where it was
published, when the 12-month time period expires, and where the manuscript will be
available for open access.
3)For a manuscript that is accepted for publication in a peer-reviewed journal, the
Grantee shall ensure that an electronic version of the peer-reviewed manuscript is
available to the department and on an appropriate publicly accessible database
approved by the Department, including, but not limited to, the University of California’s
eScholarship Repository at the California Digital Library, PubMed Central, or the
California Digital Open Source Library, to be made publicly available not later than 12
months after the official date of publication. Manuscripts submitted to the California
Digital Open Source Library shall be exempt from the requirements in subdivision (b)
of Section 66408 of the Education Code. Grantee shall make reasonable efforts to
comply with this requirement by ensuring that their manuscript is accessible on an
approved publicly accessible database, and notifying the Department that the
manuscript is available on a department-approved database. If Grantee is unable to
ensure that their manuscript is accessible on an approved publicly accessible
database, Grantee may comply by providing the manuscript to the Department not
later than 12 months after the official date of publication.
County of Fresno
Grant 18-10643
Page 4 of 4
4)For publications other than those described in paragraph B.3 above, including
meeting abstracts, Grantee shall comply by providing the manuscript to the
Department not later than 12 months after the official date of publication.
5)Grantee is authorized to use grant money for publication costs, including fees charged
by a publisher for color and page charges, or fees for digital distribution.
County of Fresno
18-10643
Page 1 of 3
Exhibit D
Additional Provisions
Page 1 of 3
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.
2)Settle all outstanding liabilities and all claims arising out of such termination of orders
and subgrants.
County of Fresno
18-10643
Page 2 of 3
Exhibit D
Additional Provisions
Page 2 of 3
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 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.
County of Fresno
18-10643
Page 3 of 3
Exhibit D
Additional Provisions
Page 3 of 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 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
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).
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.
State of California—Health and Human Services Agency California Department of Public Health
CDPH 1203 (08/07)
Exhibit E
CONTRACTOR EQUIPMENT PURCHASED WITH CDPH FUNDS
Current Contract Number: 18-10643 Date Current Contract Expires:
Previous Contract Number (if applicable): CDPH Program Name:
Contractor’s Name: CDPH Program Contract Manager:
CDPH Program Address:
Contractor’s Complete Address:
CDPH Program Contract Manager’s Telephone Number:
Contractor’s Contact Person: Date of this Report:
Contact’s Telephone Number:
(THIS IS NOT A BUDGET FORM)
STATE/ CDPH
PROPERTY TAG
(If motor vehicle, list
license number.) QUANTITY
ITEM DESCRIPTION
1.Include manufacturer’s name, model number, type, size, and/or capacity.
2.If motor vehicle, list year, make, model number, type of vehicle (van, sedan, pick-up, etc.)
3.If van, include passenger capacity.
UNIT COST
PER ITEM
(Before Tax)
CDPH PURCHASE
ORDER (STD 65)
NUMBER
DATE
PURCHASED
MAJOR/MINOR EQUIPMENT
SERIAL NUMBER
(If motor vehicle, list VIN number.)
OPTIONAL
PROGRAM USE
ONLY
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
CDPH 1203 (08/07)
INSTRUCTIONS FOR CDPH 1203
(Please read carefully.)
The information on this form will be used by the California Department of Public Health (CDPH) Asset Management (AM) to tag contract equipment
and/or property (see definitions A, and B) which is purchased with CDPH funds and is used to conduct state business under this contract. After the
Standard Agreement has been approved and each time state/CDPH equipment and/or property has been received, the CDPH Program Contract
Manager is responsible for obtaining the information from the Contractor and submitting this form to CDPH AM. The CDPH Program Contract Manager
is responsible for ensuring the information is complete and accurate. (See Public Health Administrative Manual (PHAM), Section 1-1030 and
Section 1-1070.)
Upon receipt of this form from the CDPH Program Contract Manager, AM will fill in the first column with the assigned state/ CDPH property tag, if
applicable, for each item (See definitions A and B). AM will return the original form to the CDPH Program Contract Manager, along with the appropriate
property tags. The CDPH Program Contract Manager will then forward the property tags and the original form to the Contractor and retain one copy until
the termination of this contract. The Contractor should place property tags in plain sight and, to the extent possible, on the item’s front left -hand corner.
The manufacturer’s brand name and model number are not to be covered by the property tags.
1.If the item was shipped via the CDPH warehouse and was issued a state/CDPH property tag by warehouse staff, fill in the assigned property tag. If
the item was shipped directly to the Contractor, leave the first column blank.
2.Provide the quantity, description, purchase date, base unit cost, and serial number (if applicable) for each item of:
A. Major Equipment:
•Tangible item having a base unit cost of $5,000 or more and a life expectancy of one (1) year or more.
•Intangible item having a base unit cost of $5,000 or more and a life expectancy of one (1) year or more (e.g., software, video).
These items are issued green numbered state/ CDPH property tags.
B. Minor Equipment/Property: Specific tangible items with a life expectancy of one (1) year or more that have a base unit cost less than $5,000.
These items are issued green unnumbered “BLANK” state/ CDPH property tags with the exception of the following, which are issued numbered
tags: Personal Digital Assistant (PDA), PDA/cell phone combination (Blackberries), laptops, desktop personal computers, LAN servers, routers, and
switches. NOTE: It is CDPH policy not to tag modular furniture. (See your Federal rules, if applicable.)
3.Provide the CDPH Purchase Order (STD 65) number if the items were purchased by CDPH.
4.If a vehicle is being reported, provide the Vehicle Identification Number (VIN) and the vehicle license number to CDPH Vehicle Services.
5.If all items being reported do not fit on one form, make copies and write the number of pages being sent in the upper right-hand corner (e.g., “Page 1
of 3.”) The CDPH Program Contract Manager should retain one copy and send the original to: California Department of Public Health, Asset
Management, MS 1801, P.O. Box 997377, 1501 Capitol Avenue, Sacramento, CA 95899-7377.
6.Property tags that have been lost or destroyed must be replaced. Replacement property tags can be obtained by contacting AM at (916) 341-6168.
7.Use the version on the CDPH Intranet forms site. The CDPH 1203 consists of one page for completion and one page with information and
instructions.
State of California—Health and Human Services Agency California Department of Public Health
CDPH 1204 (8/13)
Exhibit F
INVENTORY/DISPOSITION OF CDPH-FUNDED EQUIPMENT
Current Contract Number: 18-10643 Date Current Contract Expires:
Previous Contract Number (if applicable): CDPH Program Name:
Contractor’s Name: CDPH Program Contract Manager:
CDPH Program Address:
Contractor’s Complete Address:
CDPH Program Contract Manager’s Telephone Number:
Contractor’s Contact Person: Date of this Report:
Contact’s Telephone Number:
(THIS IS NOT A BUDGET FORM)
STATE/ CDPH
PROPERTY TAG
(If motor vehicle, list
license number.) QUANTITY
ITEM DESCRIPTION
1.Include manufacturer’s name, model number, type, size, and/or capacity.
2.If motor vehicle, list year, make, model number, type of vehicle (van, sedan,
pick-up, etc.)
3.If van, include passenger capacity.
UNIT COST
PER ITEM
(Before Tax)
CDPH ASSET MGMT.
USE ONLY
CDPH Document
(DISPOSAL) Number
ORIGINAL
PURCHASE
DATE
MAJOR/MINOR EQUIPMENT
SERIAL NUMBER
(If motor vehicle, list VIN number.)
OPTIONAL—
PROGRAM USE
ONLY
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
CDPH 1204 (8/13)
INSTRUCTIONS FOR CDPH 1204
(Please read carefully.)
The information on this form will be used by the California Department of Public Health (CDPH) Asset Management (AM) to; (a) conduct an inventory of
CDPH equipment and/or property (see definitions A, and B) in the possession of the Contractor and/or Subcontractors, and (b) dispose of these same
items. Report all items, regardless of the items’ ages, per number 1 below, purchased with CDPH funds and used to conduct state business under this
contract. (See Public Health Administrative Manual (PHAM), Section 1-1000 and Section 3-1320.)
The CDPH Program Contract Manager is responsible for obtaining information from the Contractor for this form. The CDPH Program Contract Manager
is responsible for the accuracy and completeness of the information and for submitting it to AM.
Inventory: List all CDPH tagged equipment and/or property on this form and submit it within 30 days prior to the three-year anniversary of the contract's
effective date, if applicable. The inventory should be based on previously submitted CDPH 1203s, “Contractor Equipment Purchased with CDPH
Funds.” AM will contact the CDPH Program Contract Manager if there are any discrepancies. (See PHAM, Section 1-1020.)
Disposal: (Definition: Trade in, sell, junk, salvage, donate, or transfer; also, items lost, stolen, or destroyed (as by fire).) The CDPH 1204 should be
completed, along with a “Property Survey Report” (STD. 152) or a “Property Transfer Report” (STD. 158), whenever items need to be disposed of;
(a) during the term of this contract and (b) 30 calendar days before the termination of this contract. After receipt of this form, the AM will contact the
CDPH Program Contract Manager to arrange for the appropriate disposal/transfer of the items. (See PHAM, Section 1-1050.)
1.List the state/ CDPH property tag, quantity, description, purchase date, base unit cost, and serial number (if applicable) for each item of;
A. Major Equipment: (These items were issued green numbered state/ CDPH property tags.)
•Tangible item having a base unit cost of $5,000 or more and a life expectancy of one (1) year or more.
•Intangible item having a base unit cost of $5,000 or more and a life expectancy of one (1) year or more (e.g., software, video.)
B. Minor Equipment/Property: (These items were issued green state/ CDPH property tags.)
Specific tangible items with a life expectancy of one (1) year or more that have a base unit cost less than $5,000. The minor equipment and/or
property items were issued green unnumbered “BLANK” state/ CDPH property tags with the exception of the following, which are issued
numbered tags: Personal Digital Assistant (PDA), PDA/cell phone combination (Blackberries), laptops, desktop personal computers, LAN
servers, routers and switches.
2.If a vehicle is being reported, provide the Vehicle Identification Number (VIN) and the vehicle license number to CDPH Vehicle Services. (See
PHAM, Section 17-4000.)
3.If all items being reported do not fit on one page, make copies and write the number of pages being sent in the upper right-hand corner (e.g. “Page 1
of 3.”)
4. The CDPH Program Contract Manager should retain one copy and send the original to: California Department of Public Health, Asset Management,
MS1801, P.O. Box 997377, Sacramento, CA 95899-7377.
5.Use the version on the CDPH Intranet forms site. The CDPH 1204 consists of one page for completion and one page with information and
instructions.
For more information on completing this form, call AM at (916) 341-6168.
State of California — Health and Human Services Agency
California Department of Public Health
CDPH 2352 (7/07)
Exhibit G
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 18-10643 entered into between the State of 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 TO THE FINAL INVOICE
Contractor’s Legal Name (as on contract):
Signature of Contractor or Official Designee: Date:
Printed Name/Title of Person Signing:
CDPH Distribution: Accounting (Original) Program
STATE OF CALIFORNIA
CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT
DGS OLS 04 (Rev. 01/17)
DEPARTMENT OF GENERAL SERVICES
OFFICE OF LEGAL SERVICES
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 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 , Federal ID Number
the laws of the State of California that the foregoing is true and '
1 correct.
I
I I Proposer/Bidder Firm Name (Printed)
I I County of Fresno
I I
94-6000512
r---------------------------------------------------------L-----------------------i , By (Authorized Signature . ,
I ---~---I I ---~ I I ~---I
I ,___ ,____ I
~---------------------------------------------------------------------------, , Printed Name and Title of Person Signing ,
I I I Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno I
I " I ~--------------------------------r----------------------------------------------~ , Date Executed , Executed in the County and State of ,
I I I
I r--l"I "_ I Fresno California I
I t~ oc. u:, ,_.1 CJt I I
L----------0-------.--------------L-------------------------------------_______ J
ATTEST: (
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
· County of Fresno, State of California
By cR~~e • tS Deputy
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) / ~-:::>~-
C ~ -,,,,.,..,-
Printed Name and Title of Person Signing -
Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno
ATTEST· -·. -. --
Date Executed Executed in the County of BERNICE E. SEIDEL
F~• -·-~ .J.t.. ;)..Qt"I Fresno Clerk of the _ _Boarci of S~pervisors -
County·ofFresno·, State of California
.. --:-_,-.. .-
J
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
-·•· ,
-.
Deputy
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one (1) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court, which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm’s offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories, equipment, materials, or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor’s records, documents, agents or employees, or premises if reasonably required
by authorized officials of the contracting agency, the Department of Industrial Relations,
or the Department of Justice to determine the contractor’s compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies
that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor
shall not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally determined to be in violation of provisions of federal law relating to air or water
pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
Agreement Between the County of Fresno and California Department of
Public Health
Name: CDPH Perinatal Equity Initiative Grant Agreement No. 18-10643
Fund/Subclass: 0001/10000
Organization #: 56201715
Revenue Account #: 3530