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HomeMy WebLinkAbout24-076 California Health Collaborative.pdf coU�� County of Fresno �+ INTERNAL SERVICES DEPARTMENT Facilities• Fleet•Graphics• Purchasing •Security•Technology p� 15 R6�p OES PROCUREMENT AGREEMENT Agreement Number P-24-076 February 22, 2024 California Health Collaborative 1680 W. Shaw Avenue Fresno, Ca., 93711 The County of Fresno (County) hereby contracts with California Health Collaborative (Contractor)to conduct community engagement and data collection activities in accordance with the text of this agreement, Attachment"A", "B","C", "D" &"E", by this reference made a part hereof. TERM: This Agreement shall become effective February 1, 2024, and shall remain in effect through February 28, 2025. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A" attached, at the rates set forth in Attachment"B". ORDERS: Orders will be placed on an as-needed basis by The Department of Public Health under this contract. PRICES: Prices shall be firm for the contract period. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of ninety-five thousand dollars ($95,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 "The County of Fresno is an Equal Employment Opportunity Employer. PROCUREMENT AGREEMENT NUMBER: P-24-076 Page 2 California Health Collaborative February 22, 2024 INVOICE TERMS: Net forty-five (45)days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30)days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. COMPLIANCE WITH LAWS: The Contractor shall, at its own cost, comply with all applicable federal, state, and local laws and regulations in the performance of its obligations under this Agreement, including but not limited to workers compensation, labor, and confidentiality laws and regulations. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. Exhibit"C" - 2022-2025 LLA Guidelines Allocation Agreement Special Terms and Conditions. COMPLIANCE WITH STATE REQUIREMENTS: The Contractor recognizes that The County operates its tobacco prevention program under an agreement with the State of California Department of Public Health and that under said agreement the State imposes certain requirements on The County and its subcontractors. The Contractor shall adhere to all State requirements, including those identified in Exhibits C, D, and E, attached hereto and by this reference incorporated herein and made part of this Agreement. It is understood that Exhibits C, D and E also grant The County certain rights, which are reserved to the State; such rights are fully described therein. The Contractor shall acknowledge the financial support of State funds whenever any findings, data, and materials developed pursuant to this grant are published or whenever the Contractor creates a product(e.g., conference brochure, a film, videotape, manual, book, pamphlet, etc.) pursuant to this grant, in the following manner: "This was made possible by funds received from the California Department of Public Health, California Tobacco Control Program, under Grant#CTCP 21-1 O". The Contractor agrees to maintain and preserve, until three years after termination of Grant#CTCP 21-10 and final payment from the State, and to permit the State or any duly authorized representative, to have access to, examine or audit any pertinent books, documents, papers, and records related to this subcontract agreement and to allow interviews of any employees who might reasonably have information related to such records. The Contractor agrees that travel reimbursement shall be at the rate established by the California Department of Human Resources (CalHR). AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or 24-076 Califomia Health Collaborative.docx PROCUREMENT AGREEMENT NUMBER: P-24-076 Page 3 California Health Collaborative February 22, 2024 damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement(JPA)throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty (30)days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Department of Public Health, DPHContracts@fresnocountyca.gov, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. Certificates of Insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. 24-076 Califomia Health Collaborative.docx PROCUREMENT AGREEMENT NUMBER: P-24-076 Page 4 California Health Collaborative February 22, 2024 All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement(excluding Attachment"A") (2)Attachment"A"; (3)Attachment"B', (4)Attachment"C", (4)Attachment"D", (5)Attachment"E" GOVERNING LAWS: This Agreement shall be construed, interpreted, and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or(3)an electronically scanned and transmitted (for example by PDF document)of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. 24-076 Califomia Health Collaborative.docx PROCUREMENT AGREEMENT NUMBER: P-24-076 Page 5 California Health Collaborative February 22, 2024 C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Jennifer Vargas, Purchasing Analyst at 559-600-7110 or jevargas@fresnocountyca.gov FOR THE COUNTY OF FRESNO Digitally signed by Manuel M. Manuel M. Vilanova Vilanova Date:2024.02.28 09:53:14-08'00' Manuel Vilanova Deputy Director 333 W. Pontiac Way Clovis, CA 93612 MV:JV 24-076 Califomia Health Collaborative.docx PROCUREMENT AGREEMENT NUMBER: P-24-076 Page 6 California Health Collaborative February 22, 2024 CONTRACTOR TO COMPLETE: Company: California Health Collaborative Type of Entity: ❑ Individual D Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership Corporation ❑ General Partnership 1680 West Shaw Avenue Fresno CA 93711 Address City State Zip 559-244-4526 559-221-6219 dlopez@healthcollaborative.ori, TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Stephen Ramirez, CEO Title: Print Name &Title: Signature: Signature: ACCOUNTING USE ONLY ORG No.: 56201552 Account No.: 7295 Requisition No.: 5622400743 (08/2022) 24-076 Califomia Health Collaborative.docx PROCUREMENT AGREEMENT NUMBER: P-24-076 Attachment Page 1 of 7 California Health Collaborative February 22, 2024 ATTACHMENT 'A" California Health Collaborative Tobacco Retail Licensing Scope of Work ADMINISTRATION TIMELINE DELIVERABLES Recruit,hire, train,and designate a Project 1. Approved Budget Coordinator (1.0 FTE)with some health 2. Email Introduction education, community organizing,and systems 2/2024- 2/2025 from New Staff change experience. 3. Staffing Report Meet monthly or as deemed necessary with Fresno County Department of Public Health 2/2024—2/2025 1. Meeting Agenda (FCDPH) staff to enhance or support program 2. Meeting Notes related activities through collaborative efforts. Attend bi-monthly virtual and/or in-person Tobacco-Free Coalition meetings to update the 2/2024—2/2025 1. Meeting Minutes coalition on progress. REPORTING31K- TIMELINE DELIVERABLES Submit monthly invoices with appropriate back- up documentation and invoice summary sheets 1. Monthly Invoice for all expenditures to the FCDPH's point of 2/2024—2/2025 2 Equipment Log contact via email by the fifteenth (15 ) day of each month for the prior month's expenditures. Mid-Year Report (January 1-June 30) Submit by 7/10/24 Submit biannual progress reports that reflect on 1. Biannual (July 1- the progress of scope of work activities as well as Year-End 1- Report December Progress Report successes and challenges over the progress report 31) Narrative period.Submit relevant program deliverables with Submit by 2. Progress Report your progress report. 12/16/24 Deliverables Mid-Year Report (January 1- February 28) Submit by 2/21/25 24-076 California Health Collaborative.doex PROCUREMENT AGREEMENT NUMBER: P-24-076 Attachment Page 2 of 7 California Health Collaborative February 22, 2024 TRAINING TIMELINE 1.1 DELIVERABLES Participate in a 1-hour training with FCDPH on invoicing requirements and learn how to complete 2/2024-2/29/2024 1. Training Log the invoice template and invoice summary sheets. Participate in a 1.5-hour virtual Culturally Linguistically Appropriate Services (CLAS) Standards training hosted by FCDPH staff that is designed to equip public health professionals with 1. Completed Post- the essential knowledge and tools for delivering 2/2024—4/2024 Training Survey culturally sensitive and linguistic services and messages throughout the community.Program 2. Training Log staff will use the CLAS Standards toolkit to evaluate health education materials like flyers, brochures,PowerPoint created in the program. Participate in a 1.5-hour virtual Health Equity 101 training hosted FCDPH staff that is designed to facilitate foundational knowledge and skill 2/2024—6/2024 1. Training Log development on topics related to health equity, health disparities,and structural and social determinants of health. Participate in recorded webinars such as: CA- license to sell:tobacco retail licensing nuts,bolts and fees;Equitable enforcement for tobacco retail license ordinances';Pride and prejudice:the tobacco industry's co-opting of the LGBTQ+ 2/2024—2/2025 1. Webinar Log community;Minimum floor price laws webinar; Rules of the road:The differences between lobbying and educating; etc. As well as applicable Eve webinars as they become available. Objective # 1:Lead a minimum of seven (7) community forums or town halls in the City of Fresno (a minimum of 4 of the events will be in person) for youth and adults, approximately 90-120 minutes in length, with participation b 25-50 individuals at each event. ACTIVITY TIMELIN DELIVERABLES E Identify a date and location for the seven (7) community 02/2024- 1. Calendar of forums/town halls. 04/2024 Forums/Townhalls Dates and Locations 24-076 California Health Collaborative.doex PROCUREMENT AGREEMENT NUMBER: P-24-076 Attachment Page 3 of 7 California Health Collaborative February 22, 2024 Develop recruitment materials for the forums/town halls tailored 02/2024- 1. Finalized Tailored for each neighborhood or school site in Fresno. Recruitment 05/2024 Recruitment Materials materials will include a registration page, flyers, and Facebook Event Pages. Include approved attribution language and applicable DPH logos. Submit to FCDPH for review and approval. Disseminate recruitment materials and recruit a minimum of 25- 03/2024 — 1. Recruitment Plan 50 individuals per target area by participating in community 08/2024 events, school parent events, hosting booths at churches,passing out flyers/posters at local businesses,or using social media. Identify and distribute incentive materials for raffle at 03/2024 — 1. Log of Incentive forums/town halls that will encourage participation by 06/2024 Materials community residents.Incentive materials (e.g.,merchandise cards 2. Distribution Log and other incentive items)are provided to program participants to motivate and/or reinforce positive behavior,participation,and/or involvement in tobacco control activities and require action on the part of the recipient to receive the incentive.The cost of incentives may not exceed $50 in value, per person, per year and shall not include merchandise cards that can be used to purchase tobacco, alcohol, and/or cannabis products.The project is responsible for the possession, security [e.g., will keep under lock and key], and accountability of the merchandise cards. The project will prepare a log sheet that will track and identify each of the merchandise cards,value,merchandise card transfer date, and recipient.At the conclusion of the agreement, surplus incentives must be returned to FCDPH. Develop presentation and event materials in consultation with 03/2024 — 1. Event Materials FCDPH and implement seven (7) forums/town halls designed to 11/2024 (e.g., flyers, be at minimum 90-120 minutes in length in each neighborhood. agenda, packet for Recruit town hall panel speakers,such as law enforcement,school community administrators, health professionals, youth, and former vape/e- members) cigarette users. 2. Presentation Materials (e.g., presentation slides and roster of participants) 3. Pictures of Event Develop and disseminate post-event participation surveys to 03/2024 — 1. Post-Event identify an increase in knowledge, skills, and a change in attitudes 11/2024 Participation Survey among participants. Submit to FCDPH for review and approval. 24-076 California Health Collaborative.doex PROCUREMENT AGREEMENT NUMBER: P-24-076 Attachment Page 4 of 7 California Health Collaborative February 22, 2024 Objective 2: Conduct 8-12 community presentations/meetings with school officials (e.g., principals, vice principals,superintendent,etc.),in the City of Fresno on youth vaping,tobacco retail issues,tobacco-related health disparities,and best practices in policy adoption. Obtain at least 8 letters of support from schools,to demonstrate support for the policy campaign. ACTIVITY TIMELINE DELIVERABLE Gather local data through sources such as the California 02/2024- 1. Summary of Local Healthy Kids Survey Data, California Student Tobacco 03/2024 Data Survey, Monitoring the Future, Healthy Stores for Healthy Communities, local school data, etc., to determine the extent of e-ci arette/va e use among youth in the City of Fresno. Develop a 15-20-minute presentation or talking points to 02/2024- 1. Approved present to school site administrators or school staff on youth 03/2024 Presentation or vaping,tobacco retail issues,tobacco-related health disparities Talking Points and best practices for supporting youth at school and in the community through policy adoption. Include approved attribution language and applicable DPH logos. Submit to FCDPH for review and approval. Schedule meetings with 8-12 school officials either in-person 02/2024- 1. Presentations Log or via zoom throughout the City of Fresno to provide tobacco 09/2024 2. Presentation prevention presentations on tobacco-related health disparities Materials and best practices for supporting youth at school and in the community. Create 1-2 letters of support templates to provide to school 03/2024- 1. Letter of Support officials.Request a letter of support from each school site that 10/2024 Templates receives a presentation to demonstrate support for the policy 2. Letters of Support campaign. Collected Provide each school site with resources online and/or via 04/2024- 1. Log of Resources print that allows them to better support their students with 11/2024 Provided resources related to vaping cessation, vaping educational materials and presentations, and mental health and wellness. 24-076 California Health Collaborative.doex PROCUREMENT AGREEMENT NUMBER: P-24-076 Attachment Page 5 of 7 California Health Collaborative February 22, 2024 Objective 3: Facilitate the participation of 5-10 community members to present at a minimum of 2 Fresno City Council (City Council) meetings to educate them formally or informally about youth vaping, tobacco retail issues,tobacco-related health disparities,and best practices in policy adoption. Develop speaking points related to a comprehensive tobacco retail licensing policy that can be utilized by the speakers. ACTIVITY TIMELI DELIVERABLE NE Develop a spokesperson training that will prepare community 02/2024- 1. Spokesperson members to speak at City Council meetings and engages them 03/2024 Training in telling their personal story. Include approved attribution language and applicable DPH logos. Submit to FCDPH for review and approval. Identify 5-10 community members to speak at City Council 03/2024- 1. Identified meetings, during town halls or meetings with school 11/2024 Community administrators. Provide them with spokesperson training either Members Log informally through a one-on-one meeting or formally through a 2. Training Log training for multiple community members. Support the community members with developing their own 04/2024- 1. Developed talking points for use during their presentations at City Council 11/2024 Speaking Points meetings, including local data, information about vaping or tobacco use, and their own personal story. Identify incentives for the community members to be provided 04/2024- 1. Incentive following their participation in a spokesperson training and/or 1/2025 Distribution Log a presentation at a City Council meeting. Incentive materials 2. Log of Incentive (e.g.,merchandise cards and other incentive items) are provided Materials to program participants to motivate and/or reinforce positive behavior, participation, and/or involvement in tobacco control activities and require action on the part of the recipient to receive the incentive.The cost of incentives may not exceed$50 in value,per person,per year,and shall not include merchandise cards that can be used to purchase tobacco, alcohol, and/or cannabis products.The project is responsible for the possession, security [e.g., will keep under lock and key], and accountability of the merchandise cards. The project will prepare a log sheet that will track and identify each of the merchandise cards,value, merchandise card transfer date,and recipient.At the conclusion of the agreement, surplus incentives must be returned to FCDPH. Support the participation of 5-10 community members in 2 City 04/2024- 1. Meeting Log Council meetings by attending the meeting and ensuring each 1/2025 2. Presentation community member has reminders about the meeting. Materials 24-076 California Health Collaborative.doex PROCUREMENT AGREEMENT NUMBER: P-24-076 Attachment Page 6 of 7 California Health Collaborative February 22, 2024 Objective 4: Conduct 3-4 community engagement activities such as hosting a youth art contest, spoken word night, dance event, culturally relevant art project, bingo,paint night,poster contest,mural, mural trifold, plant potting and decorating, etc.,with the participation of 15-75 individuals at each engagement activity. Participants will be residents of the City of Fresno. The participants will be recruited through social media, existing relationships, and/or attendance at an existing event. ACTIVITY TIMELINE DELIVERABLES Identify 3-4 locations/neighborhoods throughout the City of 02/2024- 1. Calendar of Community Fresno and dates for the community engagement events. 05/2024 Engagement Events Identify an art consultant and host 1-2 meetings to determine 02/2024- 1. Identified Art Consultant the direction of the art contest,spoken word night or other art 02/29/2024 Agreement or community engagement event that will take place in the 2. Consultant Meeting Log community. Create outreach and recruitment materials for each community 03/2024- 1. Outreach and Recruitment engagement event, which may include flyers, posters, social 07/2024 Materials media posts, or other outreach methods. Include approved attribution language and applicable DPH logos. Submit to FCDPH for review and approval. Host 3-4 community engagement events throughout the City 04/2024- 1. Community Engagement of Fresno in diverse neighborhoods and locations for a 11/2024 Event Log minimum of 15-75 individuals at each event. Provide 2. Community Engagement incentives for participation. Incentive materials (e.g., Event Incentive merchandise cards and other incentive items) are provided to program participants to motivate and/or reinforce positive Distribution Log behavior,participation,and/or involvement in tobacco control 3. Log of Incentive Materials activities and require action on the part of the recipient to receive the incentive. The cost of incentives may not exceed $50 in value, per person, per year and shall not include merchandise cards that can be used to purchase tobacco, alcohol, and/or cannabis products. The project is responsible for the possession,security [e.g.,will keep under lock and key], and accountability of the merchandise cards. The project will prepare a log sheet that will track and identify each of the merchandise cards,value, merchandise card transfer date, and recipient. At the conclusion of the agreement, surplus incentives must be returned to FCDPH. Develop and disseminate post-event participation surveys to 04/2024- 1. Post Event Survey identify an increase in knowledge, skills, and a change in 12/2024 attitudes among participants, as well as inquiring about their interest to speak at City Council meetings. Submit to FCDPH for review and approval. 24-076 California Health Collaborative.doex PROCUREMENT AGREEMENT NUMBER: P-24-076 Attachment Page 7 of 7 California Health Collaborative Objective 5: Conduct observation surveys at 100 tobacco retailers in the City of Fresno. Use a standardized data collection instrument and protocol from the California Tobacco Prevention Program (CTPP) using mobile devices. Participate in online data collection trainings,complete required post-training surveys,and complete field notes for store observations. ACTIVITY DELIV im Participate in a minimum of 1-2 trainings on how to use the 102/2024-i6 1. Log of Staffstandardized data collection instrument and protocol for the CTPP, 024 Trainings using the mobile devices, safety precautions, and how to complete field notes. Recruit 2-3 volunteers from the City of Fresno to support staff in 02/2024- 1. Log of Volunteers the collection of observation surveys. Provide training to the 05/2024 and Trainings volunteers to ensure they can accurately and safely support the Provided process. Conduct observation surveys and complete field notes utilizing the 04/2024- 1. County List of Sites standard data collection instrument and mobile device at a minimum 07/2024 to be visited of 100 tobacco retailers in the City of Fresno. 2. Completed Field Notes Identify and provide incentives to the volunteers who supported in 04/2024- 1. Incentive the data collection in the City of Fresno. Incentive materials (e.g., 07/2024 Distribution Log merchandise cards and other incentive items) are provided to 2. Log of Incentive program participants to motivate and/or reinforce positive Materials behavior, participation, and/or involvement in tobacco control activities and require action on the part of the recipient to receive the incentive. The cost of incentives may not exceed $50 in value, per person, per year, and shall not include merchandise cards that can be used to purchase tobacco,alcohol,and/or cannabis products. The project is responsible for the possession,security[e.g.,will keep under lock and key], and accountability of the merchandise cards. The project will prepare a log sheet that will track and identify each of the merchandise cards,value,merchandise card transfer date,and recipient. At the conclusion of the agreement, surplus incentives must be returned to FCDPH. 24-076 California Health Collaborative.docx 24-076 California Health Collaborative.docx Attachment B P-24-076 EXHIBIT B Fresno County TRL Project California Health Collaborative February 2024 - February 28, 2025 Budget Categories - Line Item Description (Must be itemized) PERSONNEL SALARIES: Annual Salary % FTE' Benefit Benefit Cost Rate 0001 Project Coordinator $ 56,016.00 100% 25% $ 14,004.00 SALARIES TOTAL $ 70,020.00 OPERATING EXPENSES: 1050 Office Supplies $ 3,066.00 1060 Telephone and Computer Network $ 3,000.00 1062 Postage $ 100.00 1064 Printing/Copying $ 3,000.00 1066 Staff Transportation $ 3,000.00 1068 Food $ 2,000.00 1070 Community Engagement Agreement $ 1,400.00 OPERATING EXPENSES TOTAL $ 15,566.00 TOTAL DIRECT COSTS $ 85,586.00 INDIRECT COSTS Not to exceed 15%of total direct costs. 11% $ 9,414.46 TOTAL PROGRAM EXPENSES YEAR 2 $ 95,000.00 Feb 2024-Feb 2025 Attachment C P-24-076 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. ASSIGNM ENT: 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 amendmentto 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 fora 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 allowthe 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 interviewstaff 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. Attachment C P-24-076 9. INCOM E 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 underthis 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. M EDIA 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 orchanges that could affectthe completion of the project or the budget approved forthis Grant. 14. PROFESSIONALS: Grantee agrees that only licensed professionals will be used to perform services under this Grantwhere 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 Request for Applications(Exhibit D) and the Grant Application (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 adequatelyand 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 directand indirectcosts; and, E. Establish such accounts and maintain such records as may be necessaryfor the state to fulfill federal reporting requirements,includingany and all reporting requirements under federal taxstatutes or regulations. 16. RELATED LITIGATION: Under no circumstances may Grantee use funds from any disbursement underthis Grant to pay for costs associated with any litigation between the Grantee and the Department. Attachment C P-24-076 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 forfinancial 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: (This provision does not apply to Local Governmental Entities) The Department and Grantee agree that any action arising out of this Grant shall be filed and maintained in the Superior Court, California. Granteewaives any existing sovereign immunity for the purposes of this Grant, if applicable. 19. STATE-FUNDED RESEARCH GRANTS: A. Grantee shall provide forfree 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.E"): 1) Grantee is responsible for ensuring that any publishing or copyright agreements concerning submitted manuscripts fully complywith 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 manuscriptwill 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 Departmentthat 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 afterthe official date of publication. Attachment C P-24-076 4) For publications other than those described inparagraph B.3 above„ including meeting abstracts, Grantee shall comply by providing the manuscript to the Department not laterthan 12 months after the official date of publication. 5) Grantee is authorized to use grant moneyfor publication costs, including fees charged by a publisher for color and page charges, or fees for digital distribution. Attachment D 2022-2025 Local Lead Agency Guidelines P-24-076 Allocation Agreement Terms and Conditions Exhibit D Special Terms and Conditions (For Subvention/Local Assistance Agreements) The provisions herein apply to this Agreement unless the provisions are removed by reference, the provisions are superseded by an alternate provision appearing elsewhere in this Agreement, or the applicable conditions do not exist. Index of Special Terms and Conditions 1. Procurement Rules 11. Officials Not to Benefit 2. Equipment Ownership/ Inventory/ 12. Prohibited Use of State Funds for Software Disposition 13. Contract Uniformity(Fringe Benefit 3. Subcontract Requirements Allowability) 4. Income Restrictions 14. Cancellation 5. Site Inspection 6. Intellectual Property Rights 7. Prior Approval of Training Seminars, Workshops or Conferences 8. Confidentiality of Information 9. Documents, Publications, and Written Reports 10. Dispute Resolution Process Attachment D P-24-076 1. Procurement Rules (Applicable to all agreements in which equipment, property, commodities and/or supplies are furnished by CDPH or expenses for said items are reimbursed with state or federal funds.) a. Equipment definitions Wherever the term equipment/property is used, the following definitions shall apply: (1) Major equipment/property: A tangible or intangible item having a base unit cost of $5.000 or more with a life expectancy of one(1)year or more and is either furnished by CDPH or the cost is reimbursed through this Agreement. Software and videos are examples of intangible items that meet this definition. (2) Minor equipment/property:Atangible item having abase unit cost of less than$5.000 with a life expectancy of one (1) year or more and is either furnished by CDPH or the cost is reimbursed through this Agreement. b. Government and public entities (including state colleges/universities and auxiliary organizations), whether acting as a contractor,may secure all commodities,supplies, equipment and services related to such purchases that are required in performance of this Agreement. Said procurements are subject to Paragraphs d through g of this provision. Paragraph c of this provision shall also apply, if equipment purchases are delegated to subcontractors that are nonprofit organizations or commercial businesses. c. Nonprofit organizations and commercial businesses,whether acting as a contractor and/or subcontractor, may secure commodities, supplies, equipment and services related to such purchases for performance underthis Agreement. (1) Equipment purchases shall not exceed $50,000 annually. To secure equipment above the annual maximum limit of$50,000, the Contractorshall make arrangements through the appropriate CDPH Program Contract Manager, to have all remaining equipment purchased through CDPH's Purchasing Unit. The cost of equipment purchased by or through CDPH shall be deducted from the funds available in this Agreement. Contractor shall submit to the CDPH Program Contract Manager a list of equipment specifications for those items that the State must procure. The State may pay the vendor directly for such arranged equipment purchases and title to the equipment will remain with CDPH. The equipment will be delivered to the Contractor's address, as stated on the face of the Agreement, unless the Contractor notifies the CDPH Program Contract Manager, in writing, of an alternate delivery address. (2) All equipment purchases are subject to paragraphs d through g of this provision. Paragraph b of this provision shall also apply,if equipment purchases are delegated to subcontractors that are either a government or public entity. (3) Nonprofit organizations and commercial businesses, shall use a procurement system that meets the following standards: (a) Maintain a code or standard of conduct that shall govern the performance of its officers, Attachment D P-24-076 employees, or agents engaged in awarding procurement contracts. No employee,officer, or agent shall participate in the selection, award, or administration of a procurement, or bid contract in which, to his or her knowledge, he or she has a financial interest. (b) Procurements shall be conducted in a manner that provides, to the maximum extent practical, open, and free competition. (c) Procurements shall be conducted in a manner that provides for all of the following: [1] Avoid purchasing unnecessary or duplicate items. [2] Equipment solicitations shall be based upon a clear and accurate description of the technical requirements of the goods to be procured. [3] Take positive steps to utilize small and veteran owned businesses. d. Unless waived or otherwise stipulated in writing by CDPH, prior written authorization from the appropriate CDPH Program Contract Manager will be required before the Contractor will be reimbursed for any purchase exceeding $2,500 or more for commodities, supplies, equipment, and services related to such purchases. The Contractor must provide in its request for authorization all particulars necessary, as specified by CDPH, for evaluating the necessity or desirability of incurring such costs. The term"purchase"excludes the purchase of services from a subcontractor and public utility services at rates established for uniform applicability to the general public. e. In special circumstances, determined by CDPH(e.g., when CDPH has a need to monitor certain purchases, etc.), CDPH may require prior written authorization and/or the submission of paid vendor receipts for any purchase, regardless of dollar amount. CDPH reserves the right to either deny claims for reimbursement or to request repayment for any Contractor purchase that CDPH determines to be unnecessary in carrying out performance underthis Agreement. f. The Contractor must maintain a copy or narrative description of the procurement system, guidelines, rules, or regulations that will be used to make purchases under this Agreement. The State reserves the right to request a copy of these documents and to inspect the purchasing practices of the Contractor at any time. g. For all purchases, the Contractor must maintain copies of all paid vendor invoices, documents, bids and other information used in vendor selection, for inspection or audit. Justifications supporting the absence of bidding (i.e., sole source purchases)shall also be maintained on file by the Contractor for inspection or audit. 2. Equipment Ownership/Inventory/Disposition (Applicable to agreements in which equipment and/or property is furnished by CDPH and/or when said items are purchased or reimbursed with state) a. Wherever the terms equipment and/or property are used in this provision, the definitions in provision 1, paragraph a., shall apply. Unless otherwise stipulated in this Agreement, all equipment and/or property that are Attachment D P-24-076 purchased/reimbursed with agreement funds or furnished by CDPH under the terms of this Agreement shall be considered state equipment and the property of CDPH. (1) CDPH requires the reporting, tagging and annual inventorying of all equipment and/or property that is furnished by CDPH or purchased/reimbursed with funds provided through this Agreement. Upon receipt of equipment and/or property,the Contractorshall report the receipt to the CDPH Program Contract Manager. To reportthe receipt of said items and to receive property tags, Contractor shall use a form or format designated by CDPH's Asset Management Unit. If the appropriate form (i.e., Contractor Equipment Purchased with CDPH Funds) does not accompany this Agreement,Contractorshall requesta copyfromthe CDPH Program Contract Manager. (2) If the Contractor enters into an agreement with a term of more than twelve months, the Contractor shall submit an annual inventory of state equipmentand/or property to the CDPH Program Contract Manager using a form or format designated by CDPH's Asset Management Unit. If an inventory reportform(i.e., Inventory/Disposition of CDPH-Funded Equipment)does not accompany this Agreement, Contractor shall request a copy from the CDPH Program Contract Manager. Contractor shall: (a) Include in the inventory report, equipment and/or property in the Contractor's possession and/or in the possession of a subcontractor(including independent consultants). (b) Submit the inventory report to CDPH according to the instructions appearing on the inventory form or issued by the CDPH Program Contract Manager. (c) Contact the CDPH Program Contract Manager to learn how to remove, trade-in, sell, transfer or survey off, from the inventory report, expired equipment and/or property that is no longer wanted, usable or has passed its life expectancy. Instructions will be supplied by CDPH's Asset Management Unit. b. Title to state equipment and/or property shall not be affected by its incorporation or attachment to any property not owned by the State. c. Unless otherwise stipulated, CDPH shall be under no obligation to pay the cost of restoration, or rehabilitation of the Contractor's and/or Subcontractor's facility which may be affected by the removal of any state equipment and/or property. d. The Contractor shall maintain and administer a sound business program for ensuring the proper use, maintenance, repair, protection, insurance and preservation of state equipment and/or property. (1) In administering this provision, CDPH may require the Contractor to repair or replace, to CDPH's satisfaction,anydamaged,Iostorstolen state equipment and/or property.Contractor shall immediately file a theft report with the appropriate police agency or the California Highway Patrol and Contractor shall promptly submit one copy of the theft report to the CDPH Program Contract Manager. e. Unless otherwise stipulated by the program funding this Agreement, equipment and/or property purchased/reimbursed with agreement funds or furnished by CDPH under the terms of this Attachment D P-24-076 Agreement, shall only be used for performance of this Agreementor another CDPH agreement. f. Within sixty (60)calendar days prior to the termination or end of this Agreement, the Contractor shall provide a final inventory report ofequipmentand/or property to the CDPH Program Contract Manager and shall, at that time, query CDPH as to the requirements, including the manner and method, of returning state equipment and/or property to CDPH. Final disposition of equipment and/or propertyshall be at CDPH expense and according to CDPH instructions.Equipment and/or property disposition instructions shall be issued by CDPH immediately after receipt of the final inventory report.At the termination or conclusion of this Agreement,CDPH may at its discretion, authorize the continued use of state equipment and/or propertyfor performance of work under a different CDPH agreement. g. Motor Vehicles (Applicable only if motor vehicles are purchased/reimbursed with agreementfunds or furnished by CDPH under this Agreement.) (1) If motor vehicles are purchased/reimbursed or furnished by CDPH under the terms of this Agreement, within thirty(30) calendar days priorto the termination or end of this Agreement, the Contractor shall return such vehicles to CDPH and shall deliver all necessary documents of title or registration to enable the proper transfer of a marketable title to CDPH. (2) If motor vehicles are purchased/reimbursed or furnished by CDPH under the terms of this Agreement, the State of California shall be the legal owner of said motor vehicles and the Contractor shall be the registered owner. The Contractor shall only use said vehicles for the performance under the terms of this Agreement. (3) The Contractor agree that all operators of motor vehicles,purchased/reimbursed orfurnished by CDPH under the terms of this Agreement, shall hold a valid State of California driver's license. In the event that ten or more passengers are to be transported in any one vehicle, the operator shall also hold a State of California Class B driver's license. (4) If any motor vehicle is purchased/reimbursed or furnished by CDPH under the terms of this Agreement, the Contractor, as applicable, shall provide, maintain, and certify that, at a minimum, the following type and amount of automobile liability insurance is in effect during the term of this Agreement or any extension period during which any vehicle remains in the Contractor's possession: Automobile Liability Insurance (a) The Contractor, by signing this Agreement, hereby certifies that it possesses or will obtain automobile liability insurance in the amount of$1,000,000 per occurrence for bodily injury and property damage combined. Said insurance must be obtained and made effective upon the delivery date of any motor vehicle, purchased/reimbursed with agreement funds or furnished by CDPH under the terms of this Agreement, to the Contractor. (b) The Contractor shall, as soon as practical, furnish a copy of the certificate of insurance to the CDPH Program Contract Manager.The certificate of insuranceshall identifythe CDPH contract or agreement number for which the insurance applies. Attachment D P-24-076 (c) The Contractor agree that bodily injury and property damage liability insurance, as required herein,shall remain in effectat all times during the termof this Agreementor until such time as the motor vehicle is returned to CDPH. (d) The Contractor agree to provide,at leastthirty(30)days priorto the expiration date of said insurance coverage, a copy of a new certificate of insurance evidencing continued coverage, as indicated herein, for not less than the remainder of the term of this Agreement, the term of any extension or continuation thereof, or for a period of not less than one (1)year. (e) The Contractor, if not a self-insured government and/or public entity, must provide evidence, that any required certificates of insurance contain the following provisions: [1] The insurer will not cancel the insured's coverage without giving thirty (30) calendar days prior written notice to the State. [2] The State of California, its officers, agents, employees, and servants are included as additional insureds, but only with respect to work performed for the State under this Agreement and any extension or continuation of this Agreement. [3] The insurance carrier shall notify CDPH, in writing, of the Contractor's failure to pay premiums; its cancellation of such policies; or any other substantial change, including, but not limited to, the status, coverage, or scope of the required insurance. Such notices shall contain a reference to each agreement number for which the insurance was obtained. (f) The Contractor is hereby advised that copies of certificates of insurance may be subject to review and approval by the Department of General Services(DGS), Office of Risk and Insurance Management. The Contractor shall be notified by CDPH, in writing, if this provision is applicable to this Agreement. If DGS approval of the certificate of insurance is required, the Contractor agrees that no work or services shall be performed prior to obtaining said approval. (g) In the event the Contractor fails to keep insurance coverage, as required herein, in effect at all times during vehicle possession, CDPH may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. 3. Subcontract Requirements (Applicable to agreements under which services are to be performed by subcontractors including independent consultants.) a. Prior written authorization will be required before the Contractor enters into or is reimbursed for any subcontract for services exceeding $2,500 for any artices, supplies,equipment, or services. The Contractor shall obtain at least three competive quatations which should be submitted or adequate justification provided for the absence of bidding. b. CDPH reserves the right to approve or disapprove the selection of subcontractors and with advance written notice, require the substitution of subcontractors and require the Contractor to terminate subcontracts entered into in support of this Agreement. Attachment D P-24-076 (1) Upon receipt of a written notice from CDPH requiring the substitution and/or termination of a subcontract, the Contractor shall take steps to ensure the completion of any work in progress and select a replacement, if applicable, within 30 calendar days, unless a longer period is agreed to by CDPH. c. Actual subcontracts (i.e., written agreement between the Contractor and a subcontractor) exceeding $2,500 are subject to the prior review and written approval of CDPH. d. Contractor shall maintain a copy of each subcontract entered into in support of this Agreement and shall, upon request by CDPH, make copies available for approval, inspection, or audit. e. CDPH assumes no responsibility for the payment of subcontractors used in the performance of this Agreement. Contractor accepts sole responsibility forthe payment of subcontractors used in the performance of this Agreement. f. The Contractor is responsible for all performance requirements under this Agreement even though performance may be carried out through a subcontract. g. The Contractor shall ensure that all subcontracts for services include provision(s) requiring compliance with applicable terms and conditions specified in this Agreement and shall be the subcontractor's sole point of contact for all matters related to the performance and payment during the term of this Agreement. h. The Contractor agrees to include the following clause, relevant to record retention, in all subcontracts for services: "(Subcontractor Name)agrees to maintain and preserve, until threeyears aftertermination of(Agreement Number) and final paymentfrom CDPH to the Contractor, to permit CDPH or any duly authorized representative, to have access to, examine or audit any pertinent books, documents, papers and records related to this subcontract and to allow intervievAS of any employees who might reasonably have information related to such records." 4. Income Restrictions Unless otherwise stipulated in this Agreement, the Contractor agrees that any refunds, rebates, credits, or other amounts(including any interest thereon)accruing to or received by the Contractor under this Agreement shall be paid by the Contractor to CDPH, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by CDPH under this Agreement. 5. Site Inspection The State, through any authorized representatives, has the rightat all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder including subcontract supported activities and the premises in which it is being performed. If any inspection or evaluation is made of the premises of the Contractor or Subcontractor, the Contractor shall provide and shall require Subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the authorized representatives in the performance of their duties.All inspections and evaluations shall be performed in such a manner as will not unduly delay the services performed. Attachment D P-24-076 6. Intellectual Property Rights a. Ownership (1) Except where CDPH has agreed in a signed writing to accept a license, CDPH shall be and remain,without additional compensation,the sole owner of any and all rights,title and interest in all Intellectual Property, from the moment of creation,whether or not jointly conceived, that are made, conceived, derived from, or reduced to practice by Contractoror CDPH and which result directly or indirectly from this Agreement. (2) Forthe purposes of this Agreement, Intellectual Property means recognized protectable rights and interest such as: patents,(whether or not issued) copyrights, trademarks,service marks, applications for any of the foregoing, inventions, trade secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right of publicity, author's rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies,devices,business processes, developments,innovations,good will and all other legal rights protecting intangible proprietary information as may exist now and/or here after come into existence,and all renewals and extensions,regardless of whether those rights arise under the laws of the United States, or any other state, country or jurisdiction. (a) For the purposes of the definition of Intellectual Property, "works" means all literary works, writings and printed matter including the medium by which they are recorded or reproduced,photographs, art work, pictorial and graphic representations and works of a similar nature, film, motion pictures, digital images, animation cells,and other audiovisual works including positives and negatives thereof, sound recordings, tapes, educational materials, interactive videos and any other materials or products created, produced, conceptualized and fixed in a tangible medium of expression. It includes preliminary and final products and any materials and information developed forthe purposes of producing those final products. Works does not include articles submitted to peer review or reference journals or independent research projects. (3) In the performance of this Agreement, Contractor will exercise and utilize certain of its Intellectual Property in existence prior to the effective date of this Agreement. In addition, under this Agreement, Contractor may access and utilize certain of CDPH's Intellectual Property in existence prior to the effective date of this Agreement. Except as otherwise set forth herein, Contractor shall not use any of CDPH's Intellectual Property now existing or hereafter existing for any purposes without the priorwritten permission of CDPH. Except as otherwise set forth herein, neitherthe Contractor nor CDPH shall give any ownership interest in or rights to its Intellectual Propertyto the other Party. If during the term of this Agreement, Contractor accesses any third-party Intellectual Property that is licensed to CDPH, Contractor agrees to abide by all license and confidentiality restrictions applicable to CDPH in the third-party's license agreement. (4) Contractor agrees to cooperate with CDPH in establishing or maintaining CDPH's exclusive rights in the Intellectual Property, and in assuring CDPH's sole rights against third parties with respect to the Intellectual Property. If the Contractor enters into any agreements or subcontracts with other parties in order to perform this Agreement, Contractor shall require the terms of the Agreement(s)to include all Intellectual Property provisions. Such terms must include, but are not limited to, the subcontractor assigning and agreeing to assign to Attachment D P-24-076 CDPH all rights, title and interest in Intellectual Property made, conceived, derived from, or reduced to practice by the subcontractor, Contractor or CDPH and which result directly or indirectly from this Agreement or any subcontract. (5) Contractor further agrees to assist and cooperate with CDPH in all reasonable respects, and execute all documents and, subject to reasonable availability, give testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce CDPH's Intellectual Property rights and interests. b. Retained Rights/License Rights (1) Except for Intellectual Property made, conceived, derived from, or reduced to practice by Contractor or CDPH and which result directly or indirectly from this Agreement, Contractor shall retain title to all of its Intellectual Property to the extent such Intellectual Property is in existence prior to the effective date of this Agreement. Contractor hereby grants to CDPH, without additional compensation, a permanent, non-exclusive, royalty free, paid-up, worldwide, irrevocable, perpetual, non-terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, publicly and privately display/perform, distribute, and dispose Contractor's Intellectual Property with the right to sublicense through multiple layers, for any purpose whatsoever, to the extent it is incorporated in the Intellectual Property resulting from this Agreement, unless Contractor assigns all rights, title and interest in the Intellectual Property as set forth herein. (2) Nothing in this provision shall restrict, limit, or otherwise prevent Contractor from using any ideas,concepts, know-how,methodology or techniques related to its performance under this Agreement, provided that Contractor's use does not infringe the patent,copyright, trademark rights, license or other Intellectual Property rights of CDPH or third party, or result in a breach or default of any provisions of this Exhibit or result in a breach of any provisions of law relating to confidentiality. c. Copyright (1) Contractor agrees that for purposes of copyright law, all works [as defined in Paragraph a, subparagraph (2)(a) of this provision] of authorship made by or on behalf of Contractor in connection with Contractor's performance of this Agreement shall be deemed "works made for hire". Contractor further agrees that the work of each person utilized by Contractor in connection with the performance of this Agreement will be a "work made for hire,"whether that person is an employee of Contractor or that person has entered into an agreement with Contractor to perform the work. Contractor shall enter into a written agreement with any such person that:(i)all work performed for Contractor shall be deemed a"work made for hire"under the Copyright Act and (ii)that person shall assign all right, title, and interest to CDPH to any work product made, conceived, derived from, or reduced to practice by Contractor or CDPH and which result directly or indirectly from this Agreement. (2) All materials, including, but not limited to, visual works or text, reproduced or distributed pursuant to this Agreement that include Intellectual Property made, conceived, derived from, or reduced to practice by Contractor or CDPH and which result directly or indirectly from this Agreement, shall include CDPH's notice of copyright, which shall read in 3mm or larger typeface: "©[Enter Current Year e.g., 2014, etc.], Department of Public Health. This material may not be reproduced or disseminated without priorwritten permission from the Department of Public Health." This notice should be placed prominently on the materials Attachment D P-24-076 and set apart from other matter on the page where it appears.Audio productions shall contain a similar audio notice of copyright. d. Patent Rights With respect to inventions made by Contractor in the performance of this Agreement,which did not result from research and development specifically included in the Agreement's scope of work, Contractor hereby grants to CDPH a license as described under Section b of this provision for devices or material incorporating, or made through the use of such inventions. If such inventions result from research and developmentwork specifically included within the Agreement's scope of work, then Contractor agrees to assign to CDPH, without additional compensation, all its right, title and interest in and to such inventions and to assist CDPH in securing United States and foreign patents with respect thereto. e. Third-Party Intellectual Property Except as provided herein, Contractor agrees that its performance of this Agreementshall not be dependent upon or include any Intellectual Property of Contractor or third party without first: (i) obtaining CDPH's prior written approval; and (ii) granting to or obtaining for CDPH, without additional compensation, a license, as described in Section b of this provision, for any of Contractor's or third-party's Intellectual Property in existence prior to the effective date of this Agreement. If such a license upon the these terms is unattainable, and CDPH determines that the Intellectual Property should be included in or is required for Contractor's performance of this Agreement, Contractorshall obtain a license under terms acceptable to CDPH. f. Warranties (1) Contractor represents and warrants that: (a) It is free to enter into and fully perform this Agreement. (b) It has secured and will secure all rights and licenses necessary for its performance of this Agreement. (c) Neither Contractor's performance of this Agreement, nor the exercise by either Party of the rights granted in this Agreement, nor any use, reproduction, manufacture, sale, offer to sell, import, export, modification, public and private display/performance, distribution, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Contractor or CDPH and which result directly or indirectly from this Agreement will infringe upon or violate any Intellectual Property right, non-disclosure obligation, or other proprietary right or interest of any third-party or entity now existing under the laws of, or hereafter existing or issued by, any state, the United States, or any foreign country. There is currently no actual or threatened claim by any such third party based on an alleged violation of any such right by Contractor. (d) Neither Contractor's performance nor any part of its performance will violate the right of privacy of, or constitute a libel or slander against any person or entity. (e) It has secured and will secure all rights and licenses necessary for Intellectual Property including, but not limited to, consents,waivers or releases from all authors of music or performances used, and talent (radio, television and motion picture talent), owners of Attachment D P-24-076 any interest in and to real estate, sites, locations, property or props that may be used or shown. (f) It has not granted and shall not grantto any person or entity any rightthat would or might derogate,encumber,or interfere with any of the rights granted to CDPH in this Agreement. (g) It has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. (h) It has no knowledge of any outstanding claims, licenses or other charges, liens, or encumbrances of any kind or nature whatsoever that could affect in any way Contractors performance of this Agreement. (2) CDPH MAKES NO WARRANTY THAT THE INTELLECTUAL PROPERTY RESULTING FROM THIS AGREEMENT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR THE LIKE, NOW EXISTING OR SUBSEQUENTLY ISSUED. g. Intellectual Property Indemnity (1) Contractor shall indemnify,defend and hold harmless CDPH and its licensees and assignees, and its officers, directors, employees, agents, representatives, successors,and users of its products, ("Indemnitees")from and against all claims, actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third party or expenses related thereto (including, but not limited to, all legal expenses, court costs, and attorney's fees incurred in investigating, preparing,serving as a witness in,or defending against,any such claim,action,or proceeding, commenced or threatened)to which any of the Indemnitees may be subject, whether or not Contractor is a party to any pending or threatened litigation,which arise out of or are related to (i) the incorrectness or breach of any of the representations, warranties, covenants or agreements of Contractor pertaining to Intellectual Property; or(ii) any Intellectual Property infringement, or any other type of actual or alleged infringement claim, arising out of CDPH's use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private performance/display,license, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Contractor or CDPH and which result directly or indirectly from this Agreement. This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that issued after the effective date of this Agreement. CDPH reserves the right to participate in and/or control, at Contractor's expense, any such infringement action brought against CDPH. (2) Should any Intellectual Property licensed by the Contractor to CDPH under this Agreement become the subject of an Intellectual Property infringement claim, Contractor will exercise its authority reasonably and in good faith to preserve CDPH's rightto use the licensed Intellectual Property in accordance with this Agreement at no expense to CDPH. CDPH shall have the right to monitor and appear through its own counsel (at Contractor's expense) in any such claim or action. In the defense or settlement of the claim, Contractor may obtain the right for CDPH to continue using the licensed Intellectual Property; or, replace or modify the licensed Intellectual Property so that the replaced or modified Intellectual Property becomes non- infringing provided that such replacement or modification is Attachment D P-24-076 functionally equivalent to the original licensed Intellectual Property. If such remedies are not reasonably available, CDPH shall be entitled to a refund of all monies paid under this Agreement, without restriction or limitation of any other rights and remedies available at law or in equity. (3) Contractor agrees that damages alone would be inadequate to compensate CDPH for breach of anytermof this Intellectual Property Exhibit by Contractor.Contractoracknowledges CDPH would suffer irreparable harm in the event of such breach and agrees CDPH shall be entitled to obtain equitable relief, including without limitation an injunction, from a court of competent jurisdiction,without restriction or limitation of any other rights and remedies available at law or in equity. h. Survival The provisions set forth herein shall survive any termination or expiration of this Agreement or any project schedule. 7. Prior Approval of Training Seminars,Workshops or Conferences Contractor shall obtain prior CDPH approval of the location, costs, dates, agenda, instructors, instructional materials,and attendees atany reimbursable training seminar, workshop, orconference conducted pursuant to this Agreement and of any reimbursable publicity or educational materials to be made available for distribution. The Contractor shall acknowledge the support of the State whenever publicizing the work under this Agreement in any media. This provision does not apply to necessary staff meetings or training sessions held for the staff of the Contractor in order to conduct routine business matters. 8. Confidentiality of Information The Contractor and its employees, agents, or subcontractors shall: a. Protectfrom unauthorized disclosure names and other identifying information concerning persons either receiving services pursuant to this Agreement or persons whose names or identifying information become available or are disclosed to the Contractor, its employees, agents, or subcontractors as a result of services performed under this Agreement, except for statistical information not identifying any such person. b. Not use such identifying information for any purpose other than carrying out the Contractor's obligations under this Agreement. c. Promptly transmit to the CDPH Contract Manager all requests for disclosure of such identifying information not emanating from the client or person. d. Not disclose, except as otherwise specifically permitted by this Agreement or authorized by the client, any such identifying information to anyone other than CDPH without prior written authorization from the CDPH Contract Manager, except if disclosure is required by State or Federal law. e. For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying particular assigned to the individual, such as finger or voice print or a photograph. Attachment D P-24-076 f. As deemed applicable by CDPH, this provision may be supplemented by additional terms and conditions covering personal health information (PHI) or personal, sensitive, and/or confidential information (PSCI). Said terms and conditions will be outlined in one or more exhibits that will either be attached to this Agreement or incorporated into this Agreement by reference. 9. Documents, Publications and Written Reports (Applicable to agreements over$5,000 under which publications,written reports and documents are developed or produced. Government Code Section 7550.) Any document, publication or written report(excluding progress reports, financial reports and normal contractual communications) prepared as a requirement of this Agreement shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts or agreements and subcontracts relating to the preparation of such document or report, if the total cost for work by nonemployees of the State exceeds$5,000. 10. Dispute Resolution Process a. A Contractor grievance exists whenever there is a dispute arising from CDPH's action in the administration of an agreement. If there is a dispute or grievance between the Contractor and CDPH, the Contractor must seek resolution using the procedure outlined below. (1) The Contractor should first informally discuss the problem with the CDPH Program Contract Manager. If the problem cannot be resolved informally,the Contractor shall directits grievance together with any evidence,in writing, to the program Branch Chief.The grievance shall state the issues in dispute, the legal authority or other basis for the Contractor's position and the remedy sought. The Branch Chief shall render a decision within ten (10)working days after receipt of the written grievance from the Contractor. The Branch Chief shall respond in writing to the Contractor indicating the decision and reasons therefore. If the Contractor disagrees with the Branch Chief's decision, the Contractor may appeal to the second level. (2) When appealing to the second level, the Contractor must prepare an appeal indicating the reasons for disagreement with Branch Chief's decision. The Contractor shall include with the appeal a copy of the Contractor's original statement of dispute along with any supporting evidence and a copy of the Branch Chief's decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10)working days from receipt of the Branch Chief's decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Contractor to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be directed to the Contractor within twenty(20)working days of receipt of the Contractor's second level appeal. b. If the Contractor wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Contractor shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the Attachment D P-24-076 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 Contract Manager. e. There are organizational differences within CDPH's funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Contractor shall be notified in writing by the CDPH Contract Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level. 11. Officials Not to Benefit No members of or delegate of Congress or the State Legislature shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. This provision shall not be construed to extend to this Agreement if made with a corporation for its general benefits. 12. Prohibited Use of State Funds for Software Contractor certifiesthat it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 13. Contract Uniformity(Fringe Benefit Allowability) (Applicable only to nonprofit organizations.) Pursuant to the provisions of Article 7 (commencing with Section 100525) of Chapter 3 of Part 1 of Division 101 of the Health and Safety Code, CDPH sets forth the following policies, procedures, and guidelines regarding the reimbursement of fringe benefits. a. As used herein fringe benefits shall mean an employment benefit given by one's employer to an employee in addition to one's regular or normal wages or salary. b. As used herein, fringe benefits do not include: (1) Compensation for personal services paid currently or accrued by the Contractor for services of employees rendered during the term of this Agreement, which is identified as regular or normal salaries and wages, annual leave, vacation, sick leave, holidays, jury duty and/or military leave/training. (2) Director's and executive committee member's fees. (3) Incentive awards and/or bonus incentive pay. (4) Allowances for off-site pay. (5) Location allowances. Attachment D P-24-076 (6) Hardship pay. (7) Cost-of-living differentials c. Specific allowable fringe benefits include: (1) Fringe benefits in the form of employer contributions for the employer's portion of payroll taxes (i.e., FICA, SUI, SDI), employee health plans(i.e., health, dental and vision), unemployment insurance, worker's compensation insurance, and the employer's share of pension/retirement plans, provided they are granted in accordance with established written organization policies and meet all legal and Internal Revenue Service requirements. d. To be an allowable fringe benefit, the cost must meet the following criteria: (1) Be necessary and reasonable for the performance of the Agreement. (2) Be determined in accordance with generally accepted accounting principles. (3) Be consistent with policies that apply uniformly to all activities of the Contractor. e. Contractor agrees that all fringe benefits shall be at actual cost. f. Earned/Accrued Compensation (1) Compensation for vacation, sick leave and holidays is limited to that amount earned/accrued within the agreement term. Unused vacation, sick leave and holidays earned from periods prior to the agreement term cannot be claimed as allowable costs. See section f(3)(a)below for an example. (2) For multiple year agreements, vacation and sick leave compensation, which is earned/accrued but not paid, due to employee(s) not taking time off may be carried over and claimed within the overall term of the multiple years of the Agreement. Holidays cannot be carried over from one agreement year to the next. See Provision f(3)(b)for an example. (3) For single year agreements, vacation, sick leave and holiday compensation that is earned/accrued but not paid, due to employee(s) not taking time off within the term of the Agreement, cannot be claimed as an allowable cost. See Provision f(3)(c)for an example. (a) Example No. 1: If an employee, John Doe, earns/accrues three weeks of vacation and twelve days of sick leave each year, then that is the maximum amount that may be claimed during a one year agreement. If John Doe has five weeks of vacation and eighteen days of sick leave at the beginning of an agreement,the Contractor during a one-yearbudget period may only claim up to three weeks of vacation and twelve days of sick leave as actually used by the employee. Amounts earned/accrued in periods prior to the beginning of the Agreement are not an allowable cost. (b) Example No. 2: If during a three-year(multiple year)agreement, John Doe does not use his three weeks of vacation in year one, or his three weeks in year two, but he does actually use nine weeks in year three; the Contractor would be allowed to claim all nine weeks paid for in year three. The total compensation over the three-year period cannot exceed 156 weeks (3 x 52 weeks). Attachment D P-24-076 (c) Example No. 3: If during a single year agreement, John Doe works fifty weeks and used one week of vacation and one week of sick leave and all fifty-two weeks have been billed to CDPH, the remaining unused two weeks of vacation and seven days of sick leave may not be claimed as an allowable cost. 14. Cancellation A. This agreement maybe cancelled by CDPH without cause upon 30 calendar days advance written notice to the Contractor. B. CDPH reserves the right to cancel or terminate this agreement immediately for cause. The Contractor may submit a written request to terminate this agreement only if CDPH substantially fails to perform its responsibilities as provided herein. C. The term"for cause" shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of this agreement. D. Agreement termination or cancellation shall be effective as of the date indicated in CDPH's notification to the Contractor. The notice shall stipulate any final performance, invoicing or payment requirements. E. Upon receipt of a notice of termination or cancellation, the Contractor shall take immediate steps to stop performance and to cancel or reduce subsequent agreement costs. F. In the event of early termination or cancellation, the Contractor shall be entitled to compensation for services performed satisfactorily under this agreement and expenses incurred up to the date of cancellation and any non-cancelable obligations incurred in support of this agreement. Attachment E P-24-076 2022-2025 Local Lead Agency Allocation Agreement Terms and Conditions Exhibit E Additional Provisions 1. Additional Incorporated Documents The following documents and any subsequent updates are not attached, butare incorporated herein and made a part hereof by this reference. California Department of Public Health (CDPH) will provide copies on request by contacting the project representative as listed in the Online Tobacco Information System(OTIS). These documents may be updated periodically by CDPH, as required by program directives.CDPH shall provide the Local Lead Agency(LLA) with copies of these documents and any subsequent updates, under separate cover. CDPH will maintain on file, all documents referenced herein and any subsequent updates. A. Local Lead Agency 2022-2025 Guidelines. B. California Tobacco Control Program(CTCP) Local Lead Agency Administrative & Policy Manual. C. The attached Exhibit D entitled "Special Terms and Conditions" consisting of sixteen (16) pages, is incorporated and made part of this agreement by this reference,except for provisions 1, 2, 3, 7, 13, 14. The term contractor shall mean Local Lead Agency. 2. Trav e I Travel will be at the County Local rate. For those LLA's represented by non-governmental, non-profit agencies, travel will be at the California Department of Human Resources (CaIHR) rates. 3. Proposition 56 Additional Requirements A. Tracking Proposition 56 Funds The Contractor will be responsible for devising and implementing independent internal accounting tracking systems for Proposition 99 and Proposition 56 funds and expenditures. B. Non Partisan California State Audit The Contractor will be responsible for an internal accounting system to support an audit pursuant to Revenue and Taxation Code,section 30130.56 (a) Independent Audit and Disclosure, which states, the nonpartisan California State Auditorshall conduct, at least biennially, an independent financial audit of the state and local agencies receiving funds pursuant to the California Healthcare, Research and Prevention Tobacco TaxAct of 2016. An audit conducted pursuant to this section shall include, but not be limited to, a review of the administrative costs expended by the state agencies that administer the fund. Page 1 of 2 Attachment E P-24-076 2022-2025 Local Lead Agency Allocation Agreement Terms and Conditions C. Administrative Costs 1) Revenue and Taxation Code section 30130.57(f)states not more than 5 percent of the Proposition 56 funds received shall be used by any state or local agency or department receiving funds for administrative costs. 2) Please note the California State Auditor is in the process of developing regulations which define administrative costs for Proposition 56 funds and may be subject to change. At this time,Administrative and/or indirect costs attributed to Proposition 56 may be paid by Proposition 99 funds. However, this may be subject to change. Page 2 of 2