HomeMy WebLinkAboutSTATE DPH Office of AIDS-California HIV High Impact Prevention Grant Program_A-25-029.pdf COtj County of Fresno Hall of Records, Room 301
2281 Tulare Street
Fresno,California
601 Board of Supervisors 93721-2198
O� 1$56 0 Telephone: (559)600-3529
FRV,t' Minute Order Toll Free: 1-800-742-1011
www.fresnocountyca.gov
January 28, 2025
Present: 5- Vice Chairman Garry Bredefeld, Supervisor Luis Chavez, Supervisor Nathan Magsig,
Chairman Buddy Mendes, and Supervisor Brian Pacheco
Agenda No. 53. Public Health File ID: 24-1432
Re: Approve and authorize the Chairman to execute a retroactive revenue agreement with the California
Department of Public Health Office of AIDS, effective August 1, 2024 through May 31, 2029, total not
to exceed $1,546,556; and Approve and authorize the Director of the Department of Public Health to
execute the State Contractor's Release for the final invoice
APPROVED AS RECOMMENDED
Ayes: 5- Bredefeld, Chavez, Magsig, Mendes, and Pacheco
Agreement No. 25-029
County of Fresno Page 57
COZj���C
Board Agenda Item 53
O 1856 O
FRE`'�
DATE: January 28, 2025
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: Retroactive Revenue Agreement with California Department of Public Health Office
of AIDS
RECOMMENDED ACTION(S):
1. Approve and authorize the Chairman to execute a retroactive revenue agreement with the
California Department of Public Health Office of AIDS, effective August 1, 2024 through May
31, 2029, total not to exceed $1,546,556; and
2. Approve and authorize the Director of the Department of Public Health to execute the State
Contractor's Release for the final invoice.
There is no additional Net County Cost associated with the recommended actions. Approval of the first
recommended action will provide the Department of Public Health (Department)with funding from the
California Department of Public Health Office of AIDS (CDPH-OA)to supplement and enhance existing
human immunodeficiency virus (HIV) prevention program activities and services in the local health
jurisdiction. The funding will support related salary and benefits, training, and supply costs. Approval of the
second recommended action will allow the Director of the Department to execute the Contractor's Release
for the final invoice at the close of the grant term. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. Should your Board not approve the recommended actions, the
Department would not be able to accept the CDPH-OA funding to provide enhanced integration to HIV
prevention program activities and services in the County, causing a void in services to address HIV
prevention within the community.
RETROACTIVE AGREEMENT:
The CDPH-OA notified the County of the grant award on October 21, 2024. The grant award is retroactive
to August 1, 2024 due to the fact that the previous grant expired on July 31, 2024 and being retroactive will
prevent a lapse in service coverage. This item is being brought to your Board in accordance with the agenda
item processing timelines.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The allocation
($1,546,556)will offset salary and benefit costs, provide staff training, and fund supplies to enhance HIV
prevention program activities. The agreement allows full indirect cost recovery which is currently at 24.426
percent of salaries and benefits. Sufficient appropriations and estimated revenues are included in the
Department's Org 5620 FY 2024-25 Adopted Budget and will be included in future budgets for the duration of
County of Fresno page 1 File Number.24-1432
File Number:24-1432
the term.
DISCUSSION:
The Department offers clients HIV prevention services at no cost. Services include, but are not limited to,
HIV prevention education, rapid testing, linkage to care and counseling services. The annual reported new
HIV and AIDS cases for the County of Fresno include the following: 152 HIV and 67 AIDS cases in 2021, 172
HIV and 66 AIDS cases in 2022, and 177 HIV and 57 AIDS cases in 2023. This shows that while annual new
AIDS cases have gone down slightly the last few years the total HIV cases the Department is dealing with is
trending upward and has been since 2018 when there were 110 HIV new cases for that year. The
Department is also continuing to see co-infections of HIV and Syphilis with 175 infections of both Syphilis
and HIV in 2021, 217 in infections 2022, and 194 infections in 2023. These numbers show the need for these
services to the community and the funding to support the important work being done by program staff.
On September 12, 2024, CDPH-OA issued a letter stating the County was awarded funds for CY 2024 for
evidence-based public health activities to address HIV prevention within the local health jurisdiction. The
proposed scope of work includes activities that allows the Department to provide increased prevention
opportunities, reach high-risk individuals, and offer testing and prophylaxis opportunities to reduce the risk of
contracting HIV.
The recommended Agreement deviates from the County's standard indemnification language and requires
the County (and the County's contractors receiving this funding)to provide one-way indemnification to the
State in the performance of the Agreement. This language is typically present in State grants. Therefore, the
Department has determined that its acceptance of the indemnification language is advantageous to the
County, as the State-grant is an essential funding source for DPH HIV-related activities, without which the
continued provision of these services would be negatively impacted.
REFERENCE MATERIAL:
BAI #36, April 25, 2023
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Agreement with CDPH
CAO ANALYST:
Ron Alexander
County of Fresno Page 2 File Number.24-1432
A-25-029
State of California- Health and Human Services Agency-California Department of Public Health
CDPH 1229 (11/2023)
California HIV High Impact Prevention Grant Program
Awarded By
THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, hereinafter "Department"
TO
County of Fresno, hereinafter "Grantee"
Implementing the "High-Impact HIV Prevention and Surveillance Programs for Health
Departments," hereinafter "Project"
GRANT AGREEMENT NUMBER 24-10512
The Department awards this Grant and the Grantee accepts and agrees to use the Grant
funds as follows:
AUTHORITY: The Department has authority to grant funds for the Project under
under Health and Safety Code, Section 131085b.
PURPOSE: The Department shall award this Grant Agreement to and for the benefit of the
Grantee; the purpose of the Grant is to provide activities from the LHJ's approved work plan
and based on OA HIV prevention strategies in OA's Guidance:
• Strategy 1 — Strengthen disease investigation infrastructure
• Strategy 2 — Expand and provide navigation services
• Strategy 3 — Expand Access to syringe services for people who inject drugs
GRANT AMOUNT: The maximum amount payable under this Grant Agreement shall not
exceed the amount of$1 ,546,556.00
TERM OF GRANT AGREEMENT: The term of the Grant shall begin on August 1 , 2024
and terminates on May 31, 2029. No funds may be requested or invoiced for services
performed or costs incurred after May 31, 2029.
PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant will
be:
California Department of Public Health County of Fresno
Jesse Peck, HIV Prevention Branch Chief Jena Adams, Supervising Communicable
Disease Specialist
Telephone: (916) 449-5825 Telephone: (559) 600-3042
Email: jesse.peck@cdph.ca.gov Email: jadams@fresnocountyca.gov
Page 1 of 4
State of California— Health and Human Services Agency—California Department of Public Health
CDPH 1229 (11/2023)
Direct all inquiries to the following representatives:
California Department of Public Health County of Fresno
Katrina Gonzales, Program Adviser Jena Adams, Supervising Communicable
Disease Specialist
1616 Capitol Avenue, Suite 616, MS 7700 1221 Fulton Street
Sacramento, CA 95814 Fresno, CA 93721
Telephone: (559) 600-3042
Email: katrina.gonzales@cdph.ca.gov Email: jadams@fresnocountyca.gov
All payments from CDPH to the Grantee; shall be sent to the following address:
Remittance Address
County of Fresno
Cashier— Irene Parada, DPH Business Manager
PO Box 11867
Fresno, CA 93775
Telephone: (559) 600-6415
Email: dphboap@fresnocountyca.gov
Either party may make changes to the Project Representatives, or remittance address, by
giving a written notice to the other party, said changes shall not require an amendment to
this agreement but must be maintained as supporting documentation. Note: Remittance
address changes will require the Grantee to submit a completed CDPH 9083 Governmental
Entity Taxpayer ID Form or STD 204 Payee Data Record Form and the STD 205 Payee
Data Supplement which can be requested through the CDPH Project Representatives for
processing.
Page 2 of 4
State of California— Health and Human Services Agency—California Department of Public Health
CDPH 1229 (11/2023)
STANDARD GRANT PROVISIONS. The Grantee must adhere to all Exhibits listed
and any subsequent revisions. The following Exhibits are attached hereto or attached by
reference and made a part of this Grant Agreement:
Exhibit A LETTER OF AWARD
Exhibit Al LIST OF ALLOCATIONS
Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS
Exhibit C STANDARD GRANT CONDITIONS
Exhibit D ADDITIONAL PROVISIONS
Exhibit E FEDERAL TERMS AND CONDITIONS
Exhibit F INFORMATION AND PRIVACY SECURITY REQUIREMENTS
Exhibit G CONTRACTOR'S RELEASE
GRANTEE REPRESENTATIONS: The Grantee(s) accept all terms, provisions, and
conditions of this grant, including those stated in the Exhibits incorporated by reference
above. The Grantee(s) shall fulfill all assurances and commitments made in the application,
declarations, other accompanying documents, and written communications (e.g., e-mail,
correspondence) filed in support of the request for grant funding. The Grantee(s) shall
comply with and require its subgrantee's to comply with all applicable laws, policies, and
regulations.
GRANT EXECUTION. Unless otherwise prohibited by law or Grantees policy, the parties
agree that an electronic copy of a signed Grant agreement, or an electronically signed Grant
agreement, has the same force and legal effect as a Grant agreement executed with an
original ink signature. The term "electronic copy of a signed Grant" refers to a transmission
by facsimile, electronic mail, or other electronic means of a copy of an original signed Grant
in a portable document format. The term "electronically signed Grant" means a grant
agreement that is executed by applying an electronic signature using technology approved
by the Grantee.
Page 3 of 4
State of California—Health and Human Services Agency—California Department of Public Health
CDPH 1229 (11/2023)
IN WITNESS THEREOF, the parties have executed this Grant on the dates set forth below.
Executed By:
Date:
Ernest Buddy MdKdes, Chairman
ATTEST: County of Fresno, Board of Supervisors
BERNICE E.SEIDEL 2281 Tulare St., Ste. 301
Clerk of the Board of Supervisors Fresno, CA 93721
County of Fresno,State of California
By Deputy
Date: 2-14-25
Jazi&Sandoval, Chief
Contracts Management Unit
California Department of Public Health
1616 Capitol Avenue, Suite 74.262
P.O. Box 997377, MS 1800- 1804
Sacramento, CA 95899-7377
Page 4 of 4
State of California—Health and Human Services Agency
J' '4
California Department of Public Health
I)CDPH
`
`�,tirortN�f
TOMAS J.ARAGON,MD,DrPH GAVIN NEWSOM
Director and State Public Health Officer Governor
Exhibit A
Letter of Award
July 31, 2024
Jena Adams, Supervising Communicable Disease Specialist
County of Fresno
1221 Fulton Street
Fresno, CA 93721
Dear Jena,
The California Department of Public Health (CDPH), Center for Infectious Diseases, Office of
AIDS (OA), HIV Prevention Branch, intends to grant the Fresno County Public Health
Department$266,648.00 for the period of August 1, 2024 through May 31, 2025 to provide
services consistent with the Centers for Disease Control and Prevention (CDC) funding PS24-
0047 entitled High-Impact HIV Prevention and Surveillance Programs for Health Departments.
The funds must be used for evidence-based public health activities to address HIV Prevention
within your local health jurisdiction (LHJ). The scope of work for these funds is limited to the
activities from the LHJ's approved work plan and based on OA HIV prevention strategies in
OA's Guidance:
• Strategy 1 —Strengthen disease investigation infrastructure
• Strategy 2—Expand and provide navigation services
• Strategy 3— Expand Access to syringe services for people who inject drugs
For the implementation of these strategies, recipients should begin to embed and/or enhance
the following priorities and approaches within their funded strategies and activities:
• Status Neutral Approach: A status-neutral approach to care means that regardless of
HIV status, people have access and support to stay on highly effective public health
interventions like PrEP and HIV treatment.
• Syndemic Approach: Sexually transmitted infections, viral hepatitis, injection drug use,
and HIV are interacting epidemics, or syndemics, that can be addressed using similar
strategies.
• Health Equity: Health is central to human happiness and well-being and is affected by
where people live, learn, work, and play. Health equity is when everyone has the
opportunity to be as healthy as possible.
• Innovative HIV Testing Strategies, including HIV Self-Testing: The mass distribution
of HIV self-test kits is one strategy to increase awareness of HIV and other sexually
transmitted infections.
`tE0 NULiH OEa
Rt0 fir!
CDPH Office of AIDS, MS 7700 • P.O. Box 997826 • Sacramento, CA 95899-7426 Q :
(916) 449-5900 • (916) 449-5909 FAX
Department Website (www.cdph.ca.gov)
�am4o�
For additional information on these approaches, please see the following resources:
NHAS: National HIV/AIDS Strategy for the United States 2022-2025
CDC DHP Status Neutral Issue Brief: https://www.cdc.gov/hiv/pdf/policies/issue-brief/Issue-
Brief-Status-Neutral-HIV-Care.pdf
NASTAD resource on Status Neutral: https://nastad.org/resources/employing-status-neutral-
approaches-end-hiv-epidemic-series
CDC DHP Blue Book: HIV Prevention in the United States: Mobilizing to End the Epidemic
cdc. ov
Self Testing Issue Brief: Self Testing Issue Brief I Policy and Law I HIV/AIDS I CDC
Your assigned Business Analyst will be your contact to negotiate adjustments to the program
description and budget. Please remember that the grant agreement is not finalized until it has
been fully executed by CDPH's Contract Management Unit and is dependent upon final funding
from the CDC.
If you have any questions regarding this letter, you may contact me at iesse.peck(a�cdph.ca.gov.
Sincerely,
iW" ;V"
Jesse Peck, HIV Prevention Branch Chief
Office of AIDS
California Department of Public Health
Cc: Karin Hill, OA Prevention Branch
Jen Rohde-Budz, OA Prevention Branch
Matthew Willis, OA Prevention Branch
Katrina Gonzales, OA Prevention Branch
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County of Fresno
24-10512
Exhibit B
Budget Detail and Payment Provisions
1. Invoicing and Payment
A. Upon completion of project activities as provided in Exhibit A Grant Application, and
upon receipt and approval of the invoices, the State agrees to reimburse the Grantee for
activities performed and expenditures incurred in accordance with the total amount of
this agreement.
B. Invoices shall include the Grant Number and shall be submitted either electronically or
in hard copy not more frequently than monthly in arrears to:
OA.Prevention.lnvoices@cdph.ca.gov
or
Invoice Desk
California Department of Public Health/Prevention Program
MS 7700
1616 Capitol Avenue, Suite 616
Sacramento, CA 95899-7426
C. Invoices shall:
1) Be prepared on Grantee letterhead. If invoices are not on produced letterhead
invoices must be signed by an authorized official, employee or agent certifying that
the expenditures claimed represent activities performed and are in accordance with
Exhibit A Grant Application under this Grant.
2) Bear the Grantee's name as shown on the Grant.
3) Identify the billing and/or performance period covered by the invoice.
4) Itemize costs for the billing period in the same or greater level of detail as indicated
in this Grant. Subject to the terms of this Grant, reimbursement may only be sought
for those costs and/or cost categories expressly identified as allowable and
approved by CDPH.
D. Amount awarded under this Grant is identified in the CDPH 1229 Grant Agreement.
2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program, this Agreement shall be of no further force and effect. In this event, the State
shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this Agreement and Grantee shall not be obligated to fulfill any
provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, the State shall have the option to either cancel this Agreement with no liability
Page 1 of 2
County of Fresno
24-10512
Exhibit B
Budget Detail and Payment Provisions
occurring to the State or offer an agreement amendment to Grantee to reflect the
reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927.
4. Timely Submission of Final Invoice
A. A final undisputed invoice shall be submitted for payment no more than forty-five (45)
calendar days following the expiration or termination date of this Grant, unless a later or
alternate deadline is agreed to in writing by the program grant manager. Said invoice
should be clearly marked "Final Invoice", indicating that all payment obligations of the
State under this Grant have ceased and that no further payments are due or
outstanding.
B. The State may, at its discretion, choose not to honor any delinquent final invoice if the
Grantee fails to obtain prior written State approval of an alternate final invoice
submission deadline.
5. Travel and Per Diem Reimbursement
Any reimbursement for necessary travel and per diem shall, unless otherwise specified in
this Agreement, be at the rates currently in effect, as established by the California
Department of Human Resources (Cal HR). If the Cal HR rates change during the term of
the Agreement, the new rates shall apply upon their effective date and no amendment to
this Agreement shall be necessary. No travel outside the State of California shall be
reimbursed without prior authorization from the CDPH. Verbal authorization should be
confirmed in writing. Written authorization may be in a form including fax or email
confirmation.
Page 2 of 2
County of Fresno
24-10512
Page 1 of 4
EXHIBIT C
STANDARD GRANT CONDITIONS
1. APPROVAL: This Grant is of no force or effect until signed by both parties and approved by
the Department of General Services, if required. The Grantee may not commence
performance until such approval has been obtained
2. AMENDMENT: No amendment or variation of the terms of this Grant shall be valid unless
made in writing, signed by the parties, and approved as required. No oral understanding or
Agreement not incorporated in the Grant is binding on any of the parties. In no case shall
the Department materially alter the scope of the Project set forth in Exhibit A.
3. ASSIGNMENT: This Grant is not assignable by the Grantee, either in whole or in part,
without the written consent of the Grant Manager in the form of a written amendment to the
Grant.
4. AUDIT: Grantee agrees that the Department, the Bureau of State Audits, or their designated
representative shall have the right to review and to copy any records and supporting
documentation pertaining to this Grant. Grantee agrees to maintain such records for a
possible audit for a minimum of three (3) years after final payment or completion of the
project funded with this Grant, unless a longer period of records retention is stipulated.
Grantee agrees to allow the auditor(s) access to such records during normal business hours
and to allow interviews of any employees who might reasonably have information related to
such records. Further, Grantee agrees to include a similar right of the State to audit records
and interview staff in any subcontract related to the project.
5. CONFLICT OF INTEREST: Grantee certifies that it is in compliance with all applicable state
and/or federal conflict of interest laws.
6. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to
any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials, or supplies in connection with
the project, and from any and all claims and losses accruing or resulting to any person, firm
or corporation who may be injured or damaged by Grantee in the performance of any
activities related to the Project.
7. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: Grantee agrees
that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit
tracing of all grant funds to a level of expenditure adequate to establish that such funds have
not been used in violation of any applicable state or federal law, or the provisions of this
Grant. Grantee further agrees that it will maintain separate Project accounts in accordance
with generally accepted accounting principles.
8. GOVERNING LAW: This Grant is governed by and shall be interpreted in accordance with
the laws of the State of California.
County of Fresno
24-10512
Page 2 of 4
9. INCOME RESTRICTIONS: Grantee agrees that any refunds, rebates, credits, or other
amounts (including any interest thereon) accruing to or received by the Grantee under this
Grant shall be paid by the Grantee to the Department, to the extent that they are properly
allocable to costs for which the Grantee has been reimbursed by the Department under this
Grant.
10. INDEPENDENT CONTRACTOR: Grantee, and its agents and employees of Grantee, in the
performance of the Project, shall act in an independent capacity and not as officers,
employees or agents of the Department.
11. MEDIA EVENTS: Grantee shall notify the Department's Grant Manager in writing at least
twenty (20) working days before any public or media event publicizing the accomplishments
and/or results of the Project and provide the opportunity for attendance and participation by
Department's representatives.
12. NO THIRD-PARTY RIGHTS: The Department and Grantee do not intend to create any
rights or remedies for any third- party as a beneficiary of this Grant or the project.
13. NOTICE: Grantee shall promptly notify the Department's Grant Manager in writing of any
events, developments or changes that could affect the completion of the project or the budget
approved for this Grant.
14. PROFESSIONALS: Grantee agrees that only licensed professionals will be used to perform
services under this Grant where such services are called for.
15. RECORDS: Grantee certifies that it will maintain Project accounts in accordance with
generally accepted accounting principles. Grantee further certifies that it will comply with the
following conditions for a grant award as set forth in the 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 adequately and accurately depict all
amounts received and expended on this Project, including all grant funds received
under this Grant;
C. Establish separate accounts which will adequately depict all income received which
is attributable to the Project, especially including any income attributable to grant
funds disbursed under this Grant;
D. Establish an accounting system which will adequately depict final total costs of the
Project, including both direct and indirect costs; and,
E. Establish such accounts and maintain such records as may be necessary for the
state to fulfill federal reporting requirements, including any and all reporting
requirements under federal tax statutes or regulations.
16. RELATED LITIGATION: Under no circumstances may Grantee use funds from any
disbursement under this Grant to pay for costs associated with any litigation between the
Grantee and the Department.
County of Fresno
24-10512
Page 3 of 4
17. RIGHTS IN DATA: Grantee and the Department agree that all data, plans, drawings,
specifications, reports, computer programs, operating manuals, notes, and other written or
graphic work submitted under Exhibit A in the performance of the Project funded by this Grant
shall be in the public domain. Grantee may disclose, disseminate and use in whole or in part,
any final form data and information received, collected, and developed under this Project,
subject to appropriate acknowledgment of credit to the Department for financial support.
Grantee shall not utilize the materials submitted to the Department (except data) for any profit
making venture or sell or grant rights to a third-party who intends to do so. The Department
has the right to use submitted data for all governmental purposes.
18. VENUE: (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. Grantee waives any existing sovereign immunity
for the purposes of this Grant, if applicable.
19. STATE-FUNDED RESEARCH GRANTS:
A. Grantee shall provide for free public access to any publication of a department-funded
invention or department-funded technology. Grantee further agrees to all terms and
conditions required by the California Taxpayer Access to Publicly Funded Research Act
(Chapter 2.5 (commencing with Section 13989) of Part 4.5 of Division 3 of Title 2 of the
Government Code).
B. As a condition of receiving the research grant, Grantee agrees to the following terms and
conditions which are set forth in Government Code section 13989.6 ("Section 13989.E"):
1) Grantee is responsible for ensuring that any publishing or copyright agreements
concerning submitted manuscripts fully comply with Section 13989.6.
2) Grantees shall report to the Department the final disposition of the research grant,
including, but not limited to, if it was published, when it was published, where it was
published, when the 12-month time period expires, and where the manuscript will be
available for open access.
3) For a manuscript that is accepted for publication in a peer-reviewed journal, the
Grantee shall ensure that an electronic version of the peer-reviewed manuscript is
available to the department and on an appropriate publicly accessible database
approved by the Department, including, but not limited to, the University of California's
eScholarship Repository at the California Digital Library, PubMed Central, or the
California Digital Open Source Library, to be made publicly available not later than 12
months after the official date of publication. Manuscripts submitted to the California
Digital Open Source Library shall be exempt from the requirements in subdivision (b)
of Section 66408 of the Education Code. Grantee shall make reasonable efforts to
comply with this requirement by ensuring that their manuscript is accessible on an
approved publicly accessible database, and notifying the Department that the
manuscript is available on a department-approved database. If Grantee is unable to
ensure that their manuscript is accessible on an approved publicly accessible
database, Grantee may comply by providing the manuscript to the Department not
later than 12 months after the official date of publication.
County of Fresno
24-10512
Page 4 of 4
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 later than 12 months after the official date of publication.
5) Grantee is authorized to use grant money for publication costs, including fees charged
by a publisher for color and page charges, or fees for digital distribution.
County of Fresno
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Page 1 of 4
Exhibit D
Additional Provisions
1. Cancellation /Termination
A. This Grant may be cancelled by CDPH without cause upon thirty (30) calendar days
advance written notice to the Grantee.
B. CDPH reserves the right to cancel or terminate this Grant immediately for cause.
The Grantee may submit a written request to terminate this Grant only if CDPH
substantially fails to perform its responsibilities as provided herein.
C. The term "for cause" shall mean that the Grantee fails to meet the terms, conditions,
and/or responsibilities of this agreement. Causes for termination include, but are not
limited to the following occurrences:
1) If the Grantee knowingly furnishes any statement, representation, warranty, or
certification in connection with the agreement, which representation is materially
false, deceptive, incorrect, or incomplete.
2) If the Grantee fails to perform any material requirement of this Grant or defaults
in performance of this agreement.
3) If the Grantee files for bankruptcy, or if CDPH determines that the Grantee
becomes financially incapable of completing this agreement.
D. Grant termination or cancellation shall be effective as of the date indicated in
CDPH's notification to the Grantee. The notice shall stipulate any final performance,
invoicing or payment requirements.
E. In the event of early termination or cancellation, the Grantee shall be entitled to
compensation for services performed satisfactorily under this agreement and
expenses incurred up to the date of cancellation and any non-cancelable obligations
incurred in support of this Grant.
F. In the event of termination, and at the request of CDPH, the Grantee shall furnish
copies of all proposals, specifications, designs, procedures, layouts, copy, and other
materials related to the services or deliverables provided under this Grant, whether
finished or in progress on the termination date.
G. The Grantee will not be entitled to reimbursement for any expenses incurred for
services and deliverables pursuant to this agreement after the effective date of
termination.
H. Upon receipt of notification of termination of this Grant, and except as otherwise
specified by CDPH, the Grantee shall:
Page 1 of 4
County of Fresno
24-10512
Page 2 of 4
Exhibit D
Additional Provisions
1) Place no further order or subgrants for materials, services, or facilities.
2) Settle all outstanding liabilities and all claims arising out of such termination of
orders and subgrants.
3) Upon the effective date of termination of the Grant and the payment by CDPH of
all items properly changeable to CDPH hereunder, Grantee shall transfer, assign
and make available to CDPH all property and materials belonging to CDPH, all
rights and claims to any and all reservations, grants, and arrangements with
owners of media/PR materials, or others, and shall make available to CDPH all
written information regarding CDPH's media/PR materials, and no extra
compensation is to be paid to Grantee for its services.
4) Take such action as may be necessary, or as CDPH may specify, to protect and
preserve any property related to this agreement which is in the possession of the
Grantee and in which CDPH has or may acquire an interest.
I. CDPH may, at its discretion, require the Grantee to cease performance of certain
components of the Scope of Work as designated by CDPH and complete
performance of other components prior to the termination date of the Grant.
2. Avoidance of Conflicts of Interest by Grantee
A. CDPH intends to avoid any real or apparent conflict of interest on the part of the
Grantee, subgrants, or employees, officers and directors of the Grantee or
subgrants. Thus, CDPH reserves the right to determine, at its sole discretion,
whether any information, assertion or claim received from any source indicates the
existence of a real or apparent conflict of interest; and, if a conflict is found to exist,
to require the Grantee to submit additional information or a plan for resolving the
conflict, subject to CDPH review and prior approval.
B. Conflicts of interest include, but are not limited to:
1) An instance where the Grantee or any of its subgrants, or any employee, officer,
or director of the Grantee or any subgrant or has an interest, financial or
otherwise, whereby the use or disclosure of information obtained while
performing services under the grant would allow for private or personal benefit or
for any purpose that is contrary to the goals and objectives of the grant.
2) An instance where the Grantee's or any subgrant's employees, officers, or
directors use their positions for purposes that are, or give the appearance of
being, motivated by a desire for private gain for themselves or others, such as
those with whom they have family, business or other ties.
Page 2 of 4
County of Fresno
24-10512
Page 3 of 4
Exhibit D
Additional Provisions
C. If CDPH is or becomes aware of a known or suspected conflict of interest, the
Grantee will be given an opportunity to submit additional information or to resolve
the conflict. A Grantee with a suspected conflict of interest will have five (5) working
days from the date of notification of the conflict by CDPH to provide complete
information regarding the suspected conflict. If a conflict of interest is determined to
exist by CDPH and cannot be resolved to the satisfaction of CDPH, the conflict will
be grounds for terminating the grant. CDPH may, at its discretion upon receipt of a
written request from the Grantee, authorize an extension of the timeline indicated
herein.
3. Dispute Resolution Process
A. A Grantee grievance exists whenever there is a dispute arising from CDPH's action
in the administration of an agreement. If there is a dispute or grievance between the
Grantee and CDPH, the Grantee must seek resolution using the procedure outlined
below.
1) The Grantee should first informally discuss the problem with the CDPH Program
Grant Manager. If the problem cannot be resolved informally, the Grantee shall
direct its grievance together with any evidence, in writing, to the program Branch
Chief. The grievance shall state the issues in dispute, the legal authority or other
basis for the Grantee's position and the remedy sought. The Branch Chief shall
render a decision within ten (10) working days after receipt of the written
grievance from the Grantee. The Branch Chief shall respond in writing to the
Grantee indicating the decision and reasons therefore. If the Grantee disagrees
with the Branch Chief's decision, the Grantee may appeal to the second level.
2) When appealing to the second level, the Grantee must prepare an appeal
indicating the reasons for disagreement with Branch Chief's decision. The
Grantee shall include with the appeal a copy of the Grantee's original statement
of dispute along with any supporting evidence and a copy of the Branch Chief's
decision. The appeal shall be addressed to the Deputy Director of the division in
which the branch is organized within ten (10) working days from receipt of the
Branch Chief's decision. The Deputy Director of the division in which the branch
is organized or his/her designee shall meet with the Grantee to review the issues
raised. A written decision signed by the Deputy Director of the division in which
the branch is organized or his/her designee shall be directed to the Grantee
within twenty (20) working days of receipt of the Grantee's second level appeal.
B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in
which the branch is organized or his/her designee, the Grantee shall follow the
procedures set forth in Division 25.1 (commencing with Section 38050) of the Health
and Safety Code and the regulations adopted thereunder. (Title 1, Division 2,
Chapter 2, Article 3 (commencing with Section 1140) of the California Code of
Regulations).
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County of Fresno
24-10512
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Exhibit D
Additional Provisions
C. Disputes arising out of an audit, examination of an agreement or other action not
covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the
California Code of Regulations, and for which no procedures for appeal are provided
in statute, regulation or the Agreement, shall be handled in accordance with the
procedures identified in Sections 51016 through 51047, Title 22, California Code of
Regulations.
D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal
correspondence shall be directed to the CDPH Grant Manager.
E. There are organizational differences within CDPH's funding programs and the
management levels identified in this dispute resolution provision may not apply in
every contractual situation. When a grievance is received and organizational
differences exist, the Grantee shall be notified in writing by the CDPH Grant
Manager of the level, name, and/or title of the appropriate management official that
is responsible for issuing a decision at a given level.
4. Executive Order N-6-22 - Economic Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding
Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions"
refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as
well as any sanctions imposed under state law. The EO directs state agencies to terminate
contracts with, and to refrain from entering any new contracts with, individuals or entities that are
determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee
is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned
individuals or entities, that shall be grounds for termination of this Agreement. The State shall
provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar
days to provide a written response. Termination shall be at the sole discretion of the State.
Prior to awarding and executing grant, the State shall conduct its due diligence to determine if the
proposed awardee is a named individual or entity on federal and any state Economic Sanctions
lists. If the proposed awardee is listed, the State shall refrain from entering into the Grant.
Resources for locating names of sanctioned individuals and entities are available on the DGS Office
of Legal Services' webpage: Ukraine-Russia (ca.gov).
If this Agreement is valued at $5 million or more, upon execution the State will send a separate
notification outlining additional requirements specified under the EO. Compliance with this
Economic Sanctions imposed in response to Russia's actions in Ukraine is required, including with
respect to, but not limited to, the federal executive orders identified in the EO and the sanctions
identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-
issues/financial-sanctions/sanctionsprograms-and-country-information/ukraine-russia-
related-sanctions). Failure to comply may result in the termination of this Agreement.
Page 4 of 4
California Department of Public Health
County of Fresno
24-10512
Exhibit E
Federal Terms and Conditions
(For Federally Funded Grant Agreements)
This exhibit contains provisions that require strict adherence to various contracting laws and
policies.
Index of Special Terms and Conditions
1. Federal Funds
2. Federal Equal Employment Opportunity Requirements
3. Debarment and Suspension Certification
4. Covenant Against Contingent Fees
5. Lobbying Restrictions and Disclosure Certification
6. Additional Restrictions
7. Human Subjects Use Requirments
8. Audit and Record Retention
9. Federal Requirements
CDPH(rev. 12-21) Page 1 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit E
1. Federal Funds
(Applicable only to that portion of an agreement funded in part or whole with federal funds.)
a. It is mutually understood between the parties that this Agreement may have been written
before ascertaining the availability of congressional appropriation of funds, for the mutual
benefit of both parties, in order to avoid program and fiscal delays which would occur if
the Agreement were executed after that determination was made.
b. This Agreement is valid and enforceable only if sufficient funds are made available to the
State by the United States Government for the fiscal years covered by the term of this
Agreement. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the Congress or any statute enacted by the Congress
which may affect the provisions, terms or funding of this Agreement in any manner.
c. It is mutually agreed that if the Congress does not appropriate sufficient funds for the
program, this Agreement shall be amended to reflect any reduction in funds.
d. CDPH has the option to invalidate or cancel the Agreement with 30-days advance written
notice or to amend the Agreement to reflect any reduction in funds.
2. Federal Equal Opportunity Requirements
(Applicable to all federally funded grants entered into by the California Department of Public
Health (CDPH) formerly known as California Department of Health Services (CDHS).)
a. The Grantee will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, physical or mental handicap,
disability, age or status as a disabled veteran or veteran of the Vietnam era. The Grantee
will take affirmative action to ensure that qualified applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion,
sex, national origin, physical or mental handicap, disability, age or status as a disabled
veteran or veteran of the Vietnam era. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and career
development opportunities and selection for training, including apprenticeship. The
Grantee agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Federal Government or CDPH, setting forth
the provisions of the Equal Opportunity clause, Section 503 of the Rehabilitation Act of
1973 and the affirmative action clause required by the Vietnam Era Veterans'
Readjustment Assistance Act of 1974 (38 U.S.C. 4212). Such notices shall state the
Grantee's obligation under the law to take affirmative action to employ and advance in
employment qualified applicants without discrimination based on their race, color, religion,
sex, national origin physical or mental handicap, disability, age or status as a disabled
veteran or veteran of the Vietnam era and the rights of applicants and employees.
b. The Grantee will, in all solicitations or advancements for employees placed by or on behalf
of the Grantee, state that all qualified applicants will receive consideration for employment
CDPH(rev. 12-21) Page 2 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit E
without regard to race, color, religion, sex, national origin physical or mental handicap,
disability, age or status as a disabled veteran or veteran of the Vietnam era.
c. The Grantee will send to each labor union or representative of workers with which it has
a collective bargaining agreement or other contract or understanding a notice, to be
provided by the Federal Government or the State, advising the labor union or workers'
representative of the Grantee's commitments under the provisions herein and shall post
copies of the notice in conspicuous places available to employees and applicants for
employment.
d. The Grantee will comply with all provisions of and furnish all information and reports
required by Section 503 of the Rehabilitation Act of 1973, as amended, the Vietnam Era
Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. 4212) and of the Federal
Executive Order No. 11246 as amended, including by Executive Order 11375, 'Amending
Executive Order 11246 Relating to Equal Employment Opportunity,' and as
supplemented by regulation at 41 CFR part 60, "Office of the Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," and of the
rules, regulations, and relevant orders of the Secretary of Labor.
e. The Grantee will furnish all information and reports required by Federal Executive Order
No. 11246 as amended, including by Executive Order 11375, 'Amending Executive Order
11246 Relating to Equal Employment Opportunity,` and as supplemented by regulation
at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," and the Rehabilitation Act of 1973, and
by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by the State and its designated
representatives and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
f. In the event of the Grantee's noncompliance with the requirements of the provisions
herein or with any federal rules, regulations, or orders which are referenced herein, this
Agreement may be cancelled, terminated, or suspended in whole or in part and the
Grantee may be declared ineligible for further federal and state contracts in accordance
with procedures authorized in Federal Executive Order No. 11246 as amended and such
other sanctions may be imposed and remedies invoked as provided in Federal Executive
Order No. 11246 as amended, including by Executive Order 11 375, `Amending Executive
Order 11246 Relating to Equal Employment Opportunity,' and as supplemented by
regulation at 41 CFR part 60, "Office of the Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
g. The Grantee will include the provisions of Paragraphs a through g in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Federal Executive Order No. 11246 as amended, including by
Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal
Employment Opportunity,' and as supplemented by regulation at 41 CFR part 60, "Office
of the Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor,"or Section 503 of the Rehabilitation Act of 1973 or(38 U.S.C. 4212)
of the Vietnam Era Veteran's Readjustment Assistance Act, so that such provisions will
be binding upon each subgrantee or vendor. The Grantee will take such action with
CDPH(rev. 12-21) Page 3 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit E
respect to any subcontract or purchase order as the Director of the Office of Federal
Contract Compliance Programs or CDPH may direct as a means of enforcing such
provisions including sanctions for noncompliance provided, however, that in the event the
Grantee becomes involved in, or is threatened with litigation by a subgrantee or vendor
as a result of such direction by CDPH, the Grantee may request in writing to CDPH, who,
in turn, may request the United States to enter into such litigation to protect the interests
of the State and of the United States.
3. Debarment and Suspension Certification
a. By signing this Grant, the Grantee agrees to comply with applicable federal suspension
and debarment regulations including, but not limited to 7 CFR Part 3017, 45 CFR 76, 40
CFR 32 or 34 CFR 85.
b. By signing this Grant, the Grantee certifies to the best of its knowledge and belief, that it
and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded by any federal department or agency;
(2) Have not within a three-year period preceding this application/proposal/agreement
been convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in Paragraph b(2) herein; and
(4) Have not within a three-year period preceding this application/proposal/agreement
had one or more public transactions (Federal, State or local) terminated for cause or
default.
(5) Shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under federal regulations (i.e., 48 CFR part 9, subpart 9.4),
debarred, suspended, declared ineligible, or voluntarily excluded from participation in
such transaction, unless authorized by the State.
(6) Will include a clause entitled, "Debarment and Suspension Certification" that
essentially sets forth the provisions herein, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions.
c. If the Grantee is unable to certify to any of the statements in this certification, the Grantee
shall submit an explanation to the CDPH Program Contract Manager.
d. The terms and definitions herein have the meanings set out in the Definitions and
Coverage sections of the rules implementing Federal Executive Order 12549.
CDPH(rev. 12-21) Page 4 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit E
e. If the Grantee knowingly violates this certification, in addition to other remedies available
to the Federal Government, the CDPH may terminate this Agreement for cause or default.
4. Covenant Against Contingent Fees
The Grantee warrants that no person or selling agency has been employed or retained to
solicit/secure this Grant upon an agreement of understanding for a commission, percentage,
brokerage, or contingent fee, except bona fide employees or bona fide established
commercial or selling agencies retained by the Grantee for the purpose of securing business.
For breach or violation of this warranty, CDPH shall have the right to annul this Grant without
liability or in its discretion to deduct from the Grant price or consideration, or otherwise
recover, the full amount of such commission, percentage, and brokerage or contingent fee.
5. Lobbying Restrictions and Disclosure Certification
(Applicable to federally funded grants in excess of $100,000 per Section 1352 of the 31,
U.S.C.)
a. Certification and Disclosure Requirements
(1) Each person (or recipient)who requests or receives a grant, subgrant, which is subject
to Section 1352 of the 31, U.S.C., and which exceeds $100,000 at any tier, shall file
a certification (in the form set forth in Attachment 1, consisting of one page, entitled
"Certification Regarding Lobbying")that the recipient has not made, and will not make,
any payment prohibited by Paragraph b of this provision.
(2) Each recipient shall file a disclosure (in the form set forth in Attachment 2, entitled
"Standard Form-LLL `disclosure of Lobbying Activities"') if such recipient has made or
has agreed to make any payment using nonappropriated funds (to include profits from
any covered federal action) in connection with a grant or any extension or amendment
of that grant, which would be prohibited under Paragraph b of this provision if paid for
with appropriated funds.
(3) Each recipient shall file a disclosure form at the end of each calendar quarter in which
there occurs any event that requires disclosure or that materially affect the accuracy
of the information contained in any disclosure form previously filed by such person
under Paragraph a(2) herein. An event that materially affects the accuracy of the
information reported includes:
(a) A cumulative increase of $25,000 or more in the amount paid or expected to be
paid for influencing or attempting to influence a covered federal action;
(b) A change in the person(s) or individuals(s) influencing or attempting to influence a
covered federal action; or
(c) A change in the officer(s), employee(s), or member(s) contacted for the purpose
of influencing or attempting to influence a covered federal action.
(4) Each person (or recipient) who requests or receives from a person referred to in
CDPH(rev. 12-21) Page 5 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit E
Paragraph a(1) of this provision a grant or subgrant exceeding $100,000 at any tier
under a grant shall file a certification, and a disclosure form, if required, to the next tier
above.
(5) All disclosure forms (but not certifications) shall be forwarded from tier to tier until
received by the person referred to in Paragraph a(1) of this provision. That person
shall forward all disclosure forms to CDPH Program Contract Manager.
b. Prohibition
Section 1352 of Title 31, U.S.C., provides in part that no appropriated funds may be
expended by the recipient of a federal contract or agreement, grant, loan, or cooperative
agreement to pay any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with any of the following covered
federal actions: the awarding of any federal contract or agreement, the making of any
federal grant, the making of any federal loan, entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal
contract or agreement, grant, loan, or cooperative agreement.
6. Additional Restrictions
Grantee shall comply with the restrictions under Division F, Title V, Section 503 of the
Consolidated Appropriations Act, 2012 (H.R. 2055), which provides that:
"SEC. 503.(a) No part of any appropriation contained in this Act or transferred pursuant
to section 4002 of Public Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation designed to support or defeat the
enactment of legislation before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local legislature itself, or
designed to support or defeat any proposed or pending regulation, administrative action,
or order issued by the executive branch of any State or local government, except in
presentation to the executive branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or transferred pursuant to section
4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation, administrative action, or
Executive order proposed or pending before the Congress or any State government,
State legislature or local legislature or legislative body, other than for normal and
recognized executive-legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative processes within the
executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or
promote any proposed, pending or future Federal, State or local tax increase, or any
proposed, pending, or future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the advocacy or promotion of
gun control."
CDPH(rev. 12-21) Page 6 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit E
7. Human Subjects Use Requirements
(Applicable only to federally funded agreements in which performance, directly or through a
subgrantee/subaward, includes any tests or examination of materials derived from the human
body.)
By signing this Agreement, Grantee agrees that if any performance under this Agreement or
any subcontract or subagreement includes any tests or examination of materials derived from
the human body for the purpose of providing information, diagnosis, prevention, treatment or
assessment of disease, impairment, or health of a human being, all locations at which such
examinations are performed shall meet the requirements of 42 U.S.C. Section 263a (CLIA)
and the regulations thereunder.
8. Audit and Record Retention
(Applicable to agreements in excess of$10,000.)
a. The Grantee shall maintain books, records, documents, and other evidence, accounting
procedures and practices, sufficient to properly reflect all direct and indirect costs of
whatever nature claimed to have been incurred in the performance of this Agreement,
including any matching costs and expenses. The foregoing constitutes "records" for the
purpose of this provision.
b. The Grantee's facility or office or such part thereof as may be engaged in the performance
of this Agreement and his/her records shall be subject at all reasonable times to
inspection, audit, and reproduction.
c. Grantee agrees that CDPH, the Bureau of State Audits, or their designated
representatives including the Comptroller General of the United States shall have the right
to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Grantee agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records. Further, the Grantee agrees
to include a similar right of the State to audit records and interview staff in any subgrantee
related to performance of this Agreement. (GC 8546.7, CCR Title 2, Section 1896).
d. The Grantee shall preserve and make available his/her records (1) for a period of three
years from the date of final payment under this Agreement, and (2)for such longer period,
if any, as is required by applicable statute, by any other provision of this Agreement, or
by subparagraphs (1) or (2) below.
(1) If this Agreement is completely or partially terminated, the records relating to the work
terminated shall be preserved and made available for a period of three years from the
date of any resulting final settlement.
(2) If any litigation, claim, negotiation, audit, or other action involving the records has been
started before the expiration of the three-year period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until
the end of the regular three-year period, whichever is later.
CDPH(rev. 12-21) Page 7 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit E
f. The Grantee may, at its discretion, following receipt of final payment under this
Agreement, reduce its accounts, books and records related to this Agreement to
electoronic data storage device. Upon request by an authorized representative to inspect,
audit or obtain copies of said records, the Grantee and/or Subgrantee must supply or
make available applicable devices, hardware, and/or software necessary to view, copy
and/or print said records.
9. Federal Requirements
Grantee agrees to comply with and shall require all subgrantee's, if any, to comply with
all applicable Federal requirements including but not limited to the United States Code,
the Code of Federal Regulations, the Funding Opportunity Announcement, the Notice of
Award, the funding agreement, and any memoranda or letter regarding the applicable
Federal requirements.
CDPH(rev. 12-21) Page 8 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
Attachment 1
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making, awarding or entering into of this Federal
contract, Federal grant, or cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of this Federal contract, grant, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency of the
United States Government, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, or
cooperative agreement, the undersigned shall complete and submit Standard Form LLL,
"Disclosure of Lobbying Activities" in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subGrantees, subgrants, and contracts
under grants and cooperative agreements) of$100,000 or more, and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S.C., any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Name of Grantee Printed Name of Person Signing for Grantee
Contract / Grant Number Signature of Person Signing for Grantee
Date Title
After execution by or on behalf of Grantee, please return to:
CDPH (rev. 12-21) Page 9 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit E
California Department of Public Health
Office of AIDS
P.O. Box 997377 MS 7700
Sacramento, CA 95899-7426
CDPH reserves the right to notifiy the Grantee in writing of an alternate submission address.
CDPH(rev. 12-21) Page 10 of 13
California Department of Public Health — Federal Terms and Conditions Exhibit E
Attachment 2
CERTIFICATION REGARDING LOBBYING
Approved by OMB Complete this form to disclose lobbying
activities pursuant to 31 U.S.C. 13520348-0046
(See reverse for public burden disclosure)
1 . Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
[ ] a. contract ]I a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative c. post-award For Material Change Only:
agreement
d. loan Year quarter
e. loan guarantee
f. loan insurance date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter
Name
and Address of Prime:
❑ Prime ❑ Subawardee
Tier , if known:
6. Federal Department/Agency� 7. Federal Program Name/Description:
8. Federal Action Number, if known: 9. Award Amount, if known:
10.a. Name and Address of Lobbying b. Individuals Performing Services (including
Registrant address if different from 10a.
(If individual, last name, first name, MI): (Last name, First name, MI):
11.Information requested through this form
is authorized by title 31 U.S.C. section Signature:
1352. This disclosure of lobbying
activities is a material representation of Print Name:
fact upon which reliance was placed by Title:
the tier above when this transaction was Telephone No.: Date:
made or entered into. This disclosure is
required pursuant to 31 U.S.C. 1352.
This information will be available for
public inspection. required disclosure
shall be subject to a not more than
$100,000 for each such failure.
Federal Use Only Authorized for Local Reproduction
Standard Form-LLL (Rev. 7-97)
CDPH (rev. 12-21) Page 11 of 13
California Department of Public Health—Federal Terms and Conditions Exhibit E
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal
recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous
filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or
agreement to make payment to any lobbying entity for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with a covered Federal action. Complete all items
that apply for both the initial filing and material change report. Refer to the implementing guidance
published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured
to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a
material change to the information previously reported, enter the year and quarter in which the
change occurred. Enter the date of the last previously submitted report by this reporting entity
for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include
Congressional District, if known. Check the appropriate classification of the reporting entity that
designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the
subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are
not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name,
address, city, State and zip code of the prime Federal recipient. Include Congressional District,
if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least
one organizational level below agency name, if known. For example, Department of
Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known,
enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified
in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant
announcement number; the contract, grant, or loan award number; the application/proposal
control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount of the award/loan commitment for the prime entity identified
in item 4 or 5.
CDPH(rev. 12-21) Page 12 of 13
California Department of Public Health— Federal Terms and Conditions Exhibit E
10.(a) Enter the full name, address, city, State and zip code of the lobbying registrant under the
Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to
influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if
different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11.The certifying official shall sign and date the form, print his/her name, title, and telephone
number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid
OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046. Public reporting burden for this collection
of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources,gathering
and maintaining the data needed, and completing and reviewing the collection of information.Send comments regarding the burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork
Reduction Project(0348-0046),Washington,DC 20503.
CDPH(rev. 12-21) Page 13 of 13
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County of Fresno
24-10512
Page 1 of 12
Exhibit F
Information Privacy and Security Requirements
This Information Privacy and Security Requirements Exhibit (Exhibit) sets forth the information privacy and
security requirements Contractor is obligated to follow with respect to all personal and confidential
information (as defined herein) disclosed to Contractor, or collected, created, maintained, stored,
transmitted or used by Contractor for or on behalf of the California Department of Public Health ( CDPH),
pursuant to Contractor's agreement with CDPH. (Such personal and confidential information is referred to
herein collectively as CDPH PCI.) CDPH and Contractor desire to protect the privacy and provide for the
security of CDPH PCI pursuant to this Exhibit and in compliance with state and federal laws applicable to
the CDPH PCI.
I. Order of Precedence: With respect to information privacy and security requirements for all CDPH PCI,
the terms and conditions of this Exhibit shall take precedence over any conflicting terms or conditions
set forth in any other part of the agreement between Contractor and CDPH, including Exhibit A (Scope
of Work), all other exhibits and any other attachments, and shall prevail over any such conflicting terms
or conditions.
II. Effect on lower tier transactions: The terms of this Exhibit shall apply to all contracts, subcontracts, and
subawards, and the information privacy and security requirements Contractor is obligated to follow with
respect to CDPH PCI disclosed to Contractor, or collected, created, maintained, stored, transmitted or
used by Contractor for or on behalf of CDPH, pursuant to Contractor's agreement with CDPH. When
applicable the Contractor shall incorporate the relevant provisions of this Exhibit into each subcontract
or subaward to its agents, subcontractors, or independent consultants.
III. Definitions: For purposes of the agreement between Contractor and CDPH, including this Exhibit, the
following definitions shall apply:
A. Breach:
"Breach" means:
1. the unauthorized acquisition, access, use, or disclosure of CDPH PCI in a manner which
compromises the security, confidentiality, or integrity of the information; or
2. the same as the definition of"breach of the security of the system" set forth in California Civil
Code section 1798.29(f).
B. Confidential Information: "Confidential information" means information that:
1. does not meet the definition of"public records" set forth in California Government code
section 7920.530, or is exempt from disclosure under any of the provisions of Section
7920.000, et seq. of the California Government code or any other applicable state or federal
laws; or
2. is contained in documents, files, folders, books, or records that are clearly labeled, marked
or designated with the word "confidential" by CDPH.
C. Disclosure: "Disclosure" means the release, transfer, provision of, access to, or divulging in any
manner of information outside the entity holding the information.
CDPH IPSR 10-23
County of Fresno
24-10512
Page 2 of 12
Exhibit F
Information Privacy and Security Requirements
D. PCI: "PCI" means "personal information" and "confidential information" (as these terms are
defined herein:
E. Personal Information: "Personal information" means information, in any medium (paper,
electronic, oral) that:
1. directly or indirectly collectively identifies or uniquely describes an individual; or
2. could be used in combination with other information to indirectly identify or uniquely
describe an individual, or link an individual to the other information; or
3. meets the definition of"personal information" set forth in California Civil Code section
1798.3, subdivision (a) or
4. is one of the data elements set forth in California Civil Code section 1798.29, subdivision
(g)(1) or (g)(2); or
5. meets the definition of"medical information" set forth in either California Civil Code section
1798.29, subdivision (h)(2) or California Civil Code section 56.05, subdivision 0); or
6. meets the definition of"health insurance information" set forth in California Civil Code
section 1798.29, subdivision (h)(3); or
7. is protected from disclosure under applicable state or federal law.
F. Security Incident: "Security Incident" means:
1. an attempted breach; or
2. the attempted or successful unauthorized access or disclosure, modification, or destruction
of CDPH PCI, in violation of any state or federal law or in a manner not permitted under the
agreement between Contractor and CDPH, including this Exhibit; or
3. the attempted or successful modification or destruction of, or interference with,
Contractor's system operations in an information technology system, that negatively
impacts the confidentiality, availability, or integrity of CDPH PCI; or
4. any event that is reasonably believed to have compromised the confidentiality, integrity, or
availability of an information asset, system, process, data storage, or transmission.
Furthermore, an information security incident may also include an event that constitutes a
violation or imminent threat of violation of information security policies or procedures,
including acceptable use policies.
G. Use: "Use" means the sharing, employment, application, utilization, examination, or analysis of
information.
CDPH IPSR 10-23
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County of Fresno
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Page 3 of 12
Exhibit F
Information Privacy and Security Requirements
IV. Disclosure Restrictions: The Contractor and its employees, agents, and subcontractors shall protect
from unauthorized disclosure any CDPH PCI. The Contractor shall not disclose, except as otherwise
specifically permitted by the agreement between Contractor and CDPH (including this Exhibit), any
CDPH PCI to anyone other than CDPH personnel or programs without prior written authorization from
the CDPH Program Contract Manager, except if disclosure is required by State or Federal law.
V. Use Restrictions: The Contractor and its employees, agents, and subcontractors shall not use any
CDPH PCI for any purpose other than performing the Contractor's obligations under its agreement with
CDPH.
VI. Safeguards: The Contractor shall implement administrative, physical, and technical safeguards that
reasonably and appropriately protect the privacy, confidentiality, security, integrity, and availability of
CDPH PCI, including electronic or computerized CDPH PCI. At each location where CDPH PCI exists
under Contractor's control, the Contractor shall develop and maintain a written information privacy
and security program that includes administrative, technical and physical safeguards appropriate to
the size and complexity of the Contractor's operations and the nature and scope of its activities in
performing its agreement with CDPH, including this Exhibit, and which incorporates the requirements
of Section VII, Security, below. Contractor shall provide CDPH with Contractor's current and updated
policies within five (5) business days of a request by CDPH for the policies.
VI I. Security: The Contractor shall take any and all steps reasonably necessary to ensure the continuous
security of all computerized data systems containing CDPH PCI. These steps shall include, at a
minimum, complying with all of the data system security precautions listed in the Contractor Data
Security Standards set forth in Attachment 1 to this Exhibit.
Vill. Security Officer: At each place where CDPH PCI is located, the Contractor shall designate a Security
Officer to oversee its compliance with this Exhibit and to communicate with CDPH on matters
concerning this Exhibit.
IX. Training: The Contractor shall provide training on its obligations under this Exhibit, at its own expense,
to all of its employees who assist in the performance of Contractor's obligations under Contractor's
agreement with CDPH, including this Exhibit, or otherwise use or disclose CDPH PCI.
A. The Contractor shall require each employee who receives training to certify, either in hard copy
or electronic form, the date on which the training was completed.
B. The Contractor shall retain each employee's certifications for CDPH inspection for a period of
three years following contract termination or completion.
C. Contractor shall provide CDPH with its employee's certifications within five (5) business days of
a request by CDPH for the employee's certifications.
X. Employee Discipline: Contractor shall impose discipline that it deems appropriate (in its sole
discretion) on such employees and other Contractor workforce members under Contractor's direct
control who intentionally or negligently violate any provisions of this Exhibit.
CDPH IPSR 10-23
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County of Fresno
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Page 4 of 12
Exhibit F
Information Privacy and Security Requirements
XI. Breach and Security Incident Responsibilities:
A. Notification to CDPH of Breach or Security Incident: The Contractor shall notify CDPH
immediately by telephone and email upon the discovery of a breach (as defined in this
Exhibit), and within twenty-four (24) hours by email of the discovery of any security incident
(as defined in this Exhibit), unless a law enforcement agency determines that the notification will
impede a criminal investigation, in which case the notification required by this section shall be
made to CDPH immediately after the law enforcement agency determines that such notification
will not compromise the investigation. Notification shall be provided to the CDPH Program
Contract Manager, the CDPH Privacy Officer and the CDPH Chief Information Security Officer,
using the contact information listed in Section XI (F), below. If the breach or security incident is
discovered after business hours or on a weekend or holiday and involves CDPH PCI in
electronic or computerized form, notification to CDPH shall be provided by calling the CDPH
Information Security Office at the telephone numbers listed in Section XI(F), below. For
purposes of this Section, breaches and security incidents shall be treated as discovered by
Contractor as of the first day on which such breach or security incident is known to the
Contractor, or, by exercising reasonable diligence would have been known to the Contractor.
Contractor shall be deemed to have knowledge of a breach if such breach is known, or by
exercising reasonable diligence would have been known, to any person, other than the person
committing the breach, who is an employee or agent of the Contractor.
Contractor shall take:
1. prompt corrective action to mitigate any risks or damages involved with the breach or
security incident and to protect the operating environment; and
2. any action pertaining to a breach required by applicable federal and state laws, including,
specifically, California Civil Code section 1798.29.
B. Investigation of Breach and Security Incidents: The Contractor shall immediately investigate such
breach or security incident. As soon as the information is known and subject to the legitimate
needs of law enforcement, Contractor shall inform the CDPH Program Contract Manager, the
CDPH Privacy Officer, and the CDPH Chief Information Security Officer of:
1. what data elements were involved and the extent of the data disclosure or access involved in
the breach, including, specifically, the number of individuals whose personal information was
breached;
2. a description of the unauthorized persons known or reasonably believed to have improperly
used the CDPH PCI and/or a description of the unauthorized persons known or reasonably
believed to have improperly accessed or acquired the CDPH PCI, or to whom it is known or
reasonably believed to have had the CDPH PCI improperly disclosed to them;
3. a description of where the CDPH PCI is believed to have been improperly used or disclosed;
4. a description of the probable and proximate causes of the breach or security incident; and
CDPH IPSR 10-23
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County of Fresno
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Page 5 of 12
Exhibit F
Information Privacy and Security Requirements
5. whether Civil Code section 1798.29 or any other federal or state laws requiring individual
notifications of breaches have been triggered.
C. Written Report: The Contractor shall provide a written report of the investigation to the CDPH
Program Contract Manager, the CDPH Privacy Officer, and the CDPH Chief Information Security
Officer as soon as practicable after the discovery of the breach or security incident. The report
shall include, but not be limited to, the information specified above, as well as a complete, detailed
corrective action plan, including information on measures that were taken to halt and/or contain
the breach or security incident, and measures to be taken to prevent the recurrence or further
disclosure of data regarding such breach or security incident.
D. Notification to Individuals: If notification to individuals whose information was breached is required
under state or federal law, and regardless of whether Contractor is considered only a custodian
and/or non-owner of the CDPH PCI, Contractor shall, at its sole expense, and at the sole election
of CDPH, either:
1. make notification to the individuals affected by the breach (including substitute notification),
pursuant to the content and timeliness provisions of such applicable state or federal breach
notice laws. Contractor shall inform the CDPH Privacy Officer of the time, manner and
content of any such notifications, prior to the transmission of such notifications to the
individuals; or
2. cooperate with and assist CDPH in its notification (including substitute notification) to the
individuals affected by the breach.
E. Submission of Sample Notification to Attorney General: If notification to more than 500
individuals is required pursuant to California Civil Code section 1798.29, and regardless of
whether Contractor is considered only a custodian and/or non-owner of the CDPH PCI,
Contractor shall, at its sole expense, and at the sole election of CDPH, either:
1. electronically submit a single sample copy of the security breach notification, excluding any
personally identifiable information, to the Attorney General pursuant to the format, content
and timeliness provisions of Section 1798.29, subdivision (e). Contractor shall inform the
CDPH Privacy Officer of the time, manner and content of any such submissions, prior to the
transmission of such submissions to the Attorney General; or
2. cooperate with and assist CDPH in its submission of a sample copy of the notification to the
Attorney General.
F. CDPH Contact Information: To direct communications to the above referenced CDPH staff, the
Contractor shall initiate contact as indicated herein. CDPH reserves the right to make changes
to the contact information below by verbal or written notice to the Contractor. Said changes shall
not require an amendment to this Exhibit or the agreement to which it is incorporated.
CDPH IPSR 10-23
County of Fresno
24-10512
Page 6 of 12
Exhibit F
Information Privacy and Security Requirements
CDPH Program CDPH Privacy Officer CDPH Chief Information Security
Contract Manager Officer
See the Scope of Work Privacy Officer Chief Information Security Officer
exhibit for Program Privacy Office Information Security Office
Contract Manager c/o Office of Legal Services California Dept. of Public Health
California Dept. of Public Health P.O. Box 997413, MS 6302
P.O. Box 997377, MS 0506 Sacramento, CA 95899-7413
Sacramento, CA 95899-7377
Email:
Email: privacy(�cdph.ca.gov CDPH.InfoSecuritvOffice(a)cdph.ca.gov
Telephone: (877) 421-9634 Telephone: (855) 500-0016
XI I. Documentation of Disclosures for Requests for Accounting: Contractor shall document and make
available to CDPH or (at the direction of CDPH) to an Individual such disclosures of CDPH PCI, and
information related to such disclosures, necessary to respond to a proper request by the subject
Individual for an accounting of disclosures of personal information as required by Civil Code section
1798.25, or any applicable state or federal law.
XII I. Requests for CDPH PCI by Third Parties: The Contractor and its employees, agents, or
subcontractors shall promptly transmit to the CDPH Program Contract Manager all requests for
disclosure of any CDPH PCI requested by third parties to the agreement between Contractor and
CDPH (except from an Individual for an accounting of disclosures of the individual's personal
information pursuant to applicable state or federal law), unless prohibited from doing so by applicable
state or federal law.
XIV. Audits, Inspection and Enforcement: CDPH may inspect the facilities, systems, books and records of
Contractor to monitor compliance with this Exhibit. Contractor shall promptly remedy any violation of
any provision of this Exhibit and shall certify the same to the CDPH Program Contract Manager in
writing.
XV. Return or Destruction of CDPH PCI on Expiration or Termination: Upon expiration or termination of
the agreement between Contractor and CDPH for any reason, Contractor shall securely return or
destroy the CDPH PCI. If return or destruction is not feasible, Contractor shall provide a written
explanation to the CDPH Program Contract Manager, the CDPH Privacy Officer and the CDPH Chief
Information Security Officer, using the contact information listed in Section XI (F), above.
A. Retention Required by Law: If required by state or federal law, Contractor may retain, after
expiration or termination, CDPH PCI for the time specified as necessary to comply with the law.
B. Obligations Continue Until Return or Destruction: Contractor's obligations under this Exhibit shall
continue until Contractor returns or destroys the CDPH PCI or returns the CDPH PCI to CDPH;
provided however, that on expiration or termination of the agreement between Contractor and
CDPH, Contractor shall not further use or disclose the CDPH PCI except as required by state or
federal law.
CDPH IPSR 10-23
County of Fresno
24-10512
Page 7 of 12
Exhibit F
Information Privacy and Security Requirements
C. Notification of Election to Destroy CDPH PCI: If Contractor elects to destroy the CDPH PCI,
Contractor shall certify in writing, to the CDPH Program Contract Manager, the CDPH Privacy
Officer and the CDPH Chief Information Security Officer, using the contact information listed in
Section XI (F), above, that the CDPH PCI has been securely destroyed. The notice shall include
the date and type of destruction method used.
XVI. Amendment: The parties acknowledge that federal and state laws regarding information security and
privacy rapidly evolves and that amendment of this Exhibit may be required to provide for procedures
to ensure compliance with such laws. The parties specifically agree to take such action as is
necessary to implement new standards and requirements imposed by regulations and other
applicable laws relating to the security or privacy of CDPH PCI. The parties agree to promptly enter
into negotiations concerning an amendment to this Exhibit consistent with new standards and
requirements imposed by applicable laws and regulations.
XVII. Assistance in Litigation or Administrative Proceedings: Contractor shall make itself and any
subcontractors, workforce employees or agents assisting Contractor in the performance of its
obligations under the agreement between Contractor and CDPH, available to CDPH at no cost to
CDPH to testify as witnesses, in the event of litigation or administrative proceedings being
commenced against CDPH, its director, officers or employees based upon claimed violation of laws
relating to security and privacy, which involves inactions or actions by the Contractor, except where
Contractor or its subcontractor, workforce employee or agent is a named adverse party.
XVIII. No Third-Party Beneficiaries: Nothing express or implied in the terms and conditions of this Exhibit is
intended to confer, nor shall anything herein confer, upon any person other than CDPH or Contractor
and their respective successors or assignees, any rights, remedies, obligations, or liabilities
whatsoever.
XIX. Interpretation: The terms and conditions in this Exhibit shall be interpreted as broadly as necessary to
implement and comply with regulations and applicable State laws. The parties agree that any
ambiguity in the terms and conditions of this Exhibit shall be resolved in favor of a meaning that
complies and is consistent with federal and state laws and regulations.
XX. Survival: If Contractor does not return or destroy the CDPH PCI upon the completion or termination of
the Agreement, the respective rights and obligations of Contractor under Sections VI, VII and XI of
this Exhibit shall survive the completion or termination of the agreement between Contractor and
CDPH.
CDPH IPSR 10-23
County of Fresno
24-10512
Page 8 of 12
Exhibit F
Information Privacy and Security Requirements
Attachment 1
Contractor Data Security Standards
I. Personnel Controls
A. Workforce Members Training and Confidentiality. Before being allowed access to CDPH PCI,
all Contractor's workforce members who will be granted access to CDPH PCI must be trained in
their security and privacy roles and responsibilities at Contractor's expense and must sign a
confidentiality and acceptable CDPH PCI use statement. Training must be on an annual basis.
Acknowledgments of completed training and confidentiality statements, which have been signed
and dated by workforce members must be retained by the Contractor for a period of three (3)
years following contract termination. Contractor shall provide the acknowledgements within five
(5) business days to CDPH if so requested.
B. Workforce Members Discipline. Appropriate sanctions, including termination of employment
where appropriate, must be applied against workforce members who fail to comply with privacy
policies and procedures, acceptable use agreements, or any other provisions of these
requirements.
C. Workforce Member Assessment. Before being permitted access to CDPH PCI, Contractor must
assure there is no indication its workforce member may present a risk to the security or integrity
of CDPH PCI. Contractor shall retain the workforce member's assessment documentation for a
period of three (3) years following contract termination.
II. Technical Security Controls
A. Encryption.
• All desktop computers and mobile computing devices must be encrypted, in accordance
with CDPH Cryptographic Standards or using the latest FIPS 140 validated cryptographic
modules.
• All electronic files that contain CDPH PCI must be encrypted when stored on any
removable media type device (such as USB thumb drives, CD/DVD, tape backup, etc.), in
accordance with CDPH Cryptographic Standards or using the latest FIPS 140 validated
cryptographic modules.
• CDPH PCI must be encrypted during data in-transit and at-rest on all public
telecommunications and network systems, and at all points not in the direct ownership and
control of the Department, in accordance with CDPH Cryptographic Standards or using
the latest FIPS 140 validated cryptographic modules.
B. Server Security. Servers containing unencrypted CDPH PCI must have sufficient local and
network perimeter administrative, physical, and technical controls in place to protect the CDPH
information asset, based upon a current risk assessment/system security review.
C. Minimum Necessary. Only the minimum amount of CDPH PCI required to complete an
authorized task or workflow may be copied, downloaded, or exported to any individual device.
CDPH IPSR 10-23
i
County of Fresno
24-10512
Page 9 of 12
Exhibit F
Information Privacy and Security Requirements
D. Antivirus software. Contractor shall employ automatically updated malicious code protection
mechanisms (anti-malware programs or other physical or software-based solutions) at its network
perimeter and at workstations, servers, or mobile computing devices to continuously monitor and
take action against system or device attacks, anomalies, and suspicious or inappropriate activities.
E. Patch Management. All devices that process or store CDPH PCI must have a documented patch
management process. Vulnerability patching for Common Vulnerability Scoring System (CVSS)
"Critical" severity ratings (CVSS 9.0 — 10.0) shall be completed within forty-eight (48) hours of
publication or availability of vendor supplied patch; "High" severity rated (CVSS 7.0- 8.9) shall be
completed within seven (7) calendar days of publication or availability of vendor supplied patch;
all other vulnerability ratings (CVSS 0.1 — 6.9) shall be completed within thirty (30) days of
publication or availability of vendor supplied patch, unless prior ISO and PO variance approval is
granted.
F. User Identification and Access Control. All Contractor workforce members must have a unique
local and/or network user identification (ID)to access CDPH PCI. To access systems/applications
that store, process, or transmit CDPH PCI, it must comply with SIMM 5360-C Multi-factor
Authentication (MFA) Standard and NIST SP800-63B Digital Identity Guidelines. The SIMM 5350-
C provides steps for determining the Authenticator Assurance Level (AAL), and a set of permitted
authenticator types for each AAL (0-3). Note: MFA requirement does not apply to AAL 0.
All Contractor workforce members are required to leverage FIDO authentication. The FIDO
authentication is AAL 3 compliance. FIDO certified devices such as YubiKeys and Windows Hello
for Business (WHfB) are the mechanism for user authentication in the Department.
Should a workforce member no longer be authorized to access CDPH PCI, or an ID has been
compromised, that ID shall be promptly disabled or deleted. User ID's must integrate with user
role-based access controls to ensure that individual access to CDPH PCI is commensurate with
job-related responsibilities.
AAL 1 AAL 2 AAL 3
Permitted Memorized Secret Multi-Factor OTP Device Multi-Factor Cryptographic Device
Authenticator Look-Up Secret Multi-Factor Single-Factor Cryptographic Device
Types Out-of-Band Devices Cryptographic Software used in conjunction with Memorized
Single-Factor One-Time Multi-Factor Secret
Password(OTP)Device Cryptographic Device Multi-Factor OTP device(software
Multi-Factor OTP Device Memorized Secret or hardware)used in conjunction
Single-Factor with a Single-Factor Cryptographic
Cryptographic Software plus: Device
Single-Factor Look-Up Secret Multi-Factor OTP device(hardware
Cryptographic Device Out-of-Band Device only)used in conjunction with a
Multi-Factor Single-Factor OTP Single-Factor Cryptographic
Cryptographic Software Device Software
Multi-Factor Single-Factor Single-Factor OTP device
Cryptographic Device Cryptographic Software (hardware only)used in conjunction
Single-Factor with a Multi-Factor Cryptographic
Cryptographic Device Software Authenticator
Single-Factor OTP device
(hardware only)used in conjunction
with a Single-Factor Cryptographic
Software Authenticator and a
Memorized Secret.
CDPH IPSR 10-23
County of Fresno
24-10512
Page 10 of 12
Exhibit F
Information Privacy and Security Requirements
G. CDPH PCI Destruction. When no longer required for business needs or legal retention periods,
all electronic and physical media holding CDPH PCI must be purged from Contractor's systems
and facilities using the appropriate guidelines for each media type as described in the prevailing
"National Institute of Standards and Technology — Special Publication 800-88" — "Media
Sanitization Decision Matrix."
H. Reauthentication. Contractor's computing devices holding, or processing CDPH PCI must
comply the Reauthentication requirement, in which a session must be terminated (e.g., logged
out) when the specified time is reached. Note: Reauthentication requirement does not apply to
Authenticator Assurance Level (AAL) 0.
AAL 1 AAL 2 AAL 3
Reauthentication 30 Days—Fix Period of 12 hours—Fix Period of Time, 12 hours—Fix Period of Time
Time,regardless user regardless user activity;30 regardless user activity; 15 minutes
activity minutes inactivity inactivity
May use one of the Must use both authenticators to
authenticators to reauthenticate
reauthenticate
In addition, reauthentication of individuals is required in the following situations:
• When authenticators change
• When roles change
• When the execution of privileged function occurs (e.g., performing a critical transaction)
I. Warning Banners. During a user log-on process, all systems providing access to CDPH PCI,
must display a warning banner stating that the CDPH PCI is confidential, system and user
activities are logged, and system and CDPH PCI use is for authorized business purposes only.
User must be directed to log-off the system if they do not agree with these conditions.
J. System Logging. Contractor shall ensure its information systems and devices that hold or
process CDPH PCI are capable of being audited and the events necessary to reconstruct
transactions and support after-the-fact investigations are maintained. This includes the auditing
necessary to cover related events, such as the various steps in distributed, transaction-based
processes and actions in service-oriented architectures. Audit trail information with CDPH PCI
must be stored with read-only permissions and be archived for six (6) years after event
occurrence. There must protect audit information and audit logging tools from unauthorized
access, modification, and deletion. There must also be a documented and routine procedure in
place to review system logs for unauthorized access.
K. Live Data Usage. Using live data (production data)fortesting and training purposes is not allowed.
Synthetic data must be used. If synthetic data cannot be generated and/or used, a de-identification
process against the live data must be done to reduce privacy risks to individuals. The de-
identification process removes identifying information from a dataset so that individual data cannot
be linked with specific individuals. Refer to CHHS Data De-Identification Guidelines.
L. Privileged Access Management (PAM). Contractor who responsible for setting up and
maintaining privileged accounts related to CDPH electronic information resources shall comply
with the CDPH PAM Security Standard. Information resources include user workstations as well
as servers, databases, applications, and systems managed on-premises and on the cloud.
CDPH IPSR 10-23
County of Fresno
24-10512
Page 11 of 12
Exhibit F
Information Privacy and Security Requirements
M. Intrusion Detection. All Contractor systems and devices holding, processing, or transporting
CDPH PCI that interact with untrusted devices or systems via the Contractor intranet and/or the
internet must be protected by a monitored comprehensive intrusion detection system and/or
intrusion prevention system.
III. Audit Controls
A. System Security Review. Contractor, to assure that administrative, physical, and technical
controls are functioning effectively and providing adequate levels of protection for CDPH PCI, shall
conduct at least, an annual administrative assessment of risk, including the likelihood and
magnitude of harm from the unauthorized access, use, disclosure, disruption, modification, or
destruction of an information system or device holding processing, or transporting CDPH PCI,
along with periodic technical security reviews using vulnerability scanning tools and other
appropriate technical assessments.
B. Change Control. All Contractor systems and devices holding, processing, or transporting CDPH
PCI shall have a documented change control process for hardware, firmware, and software to
protect the systems and assets against improper modification before, during, and after system
implementation.
IV. Business Continuity/ Disaster Recovery Controls
A. Emergency Mode Operation Plan. Contractor shall develop and maintain technical recovery and
business continuity plans for systems holding, processing, or transporting CDPH PCI to ensure
the continuation of critical business processes and the confidentiality, integrity, and availability of
CDPH PCI following an interruption or disaster event lasting more than twenty-four (24) hours.
B. CDPH PCI Backup Plan. Contractor shall have a documented, tested, accurate, and regularly
scheduled full backup process for systems and devices holding CDPH PCI.
V. Paper Document Controls
A. Supervision of CDPH PCI. CDPH PCI in any physical format shall not be left unattended at any
time. When not under the direct observation of an authorized Contractor workforce member, the
CDPH PCI must be stored in a locked file cabinet, desk, or room. It also shall not be left unattended
at any time in private vehicles or common carrier transportation, and it shall not be placed in
checked baggage on common carrier transportation.
B. Escorting Visitors. Visitors who are not authorized to see CDPH PCI must be escorted by
authorized workforce members when in areas where CDPH PCI is present, and CDPH PCI shall
be kept out of sight of visitors.
C. Removal of CDPH PCI. CDPH PCI in any format must not be removed from the secure computing
environment or secure physical storage of the Contractor, except with express written permission
of the CDPH PCI owner.
CDPH IPSR 10-23
County of Fresno
24-10512
Page 12 of 12
Exhibit F
Information Privacy and Security Requirements
D. Faxing and Printing. Contractor shall control access to information system output devices, such
as printers and facsimile devices, to prevent unauthorized individuals from obtaining any output
containing CDPH PCI. Fax numbers shall be verified with the intended recipient before transmittal.
E. Mailing. Mailings of CDPH PCI shall be sealed and secured from damage or inappropriate viewing
to the extent possible. Mailings which include five hundred (500) or more individually identifiable
records of CDPH PCI in a single package shall be sent using a tracked mailing method which
includes verification of delivery and receipt, unless the prior written permission of CDPH to use
another method is obtained.
CDPH IPSR 10-23
State of California—Health and Human Services Agency
California Department of Public Health
Exhibit G
Contractor's Release
Instructions to Contractor:
With final invoice(s)submit one(1)original and one(1)copy. The original must bear the original signature of a person
authorized to bind the Contractor. The additional copy may bear photocopied signatures.
Submission of Final Invoice
Pursuant to contract number 24-10512 entered into between the State of California Department of Public Health
(CDPH)and the Contractor(identified below),the Contractor does acknowledge that final payment has been requested via
invoice number(s) , in the amount(s)of$ and dated
If necessary, enter"See Attached" in the appropriate blocks and attach a list of invoice numbers, dollar amounts and invoice dates.
Release of all Obligations
By signing this form, and upon receipt of the amount specified in the invoice number(s)referenced above,the Contractor does
hereby release and discharge the State, its officers, agents and employees of and from any and all liabilities, obligations, claims, and
demands whatsoever arising from the above referenced contract.
Repayments Due to Audit Exceptions/ Record Retention
By signing this form, Contractor acknowledges that expenses authorized for reimbursement does not guarantee final allowability of
said expenses. Contractor agrees that the amount of any sustained audit exceptions resulting from any subsequent audit made
after final payment will be refunded to the State.
All expense and accounting records related to the above referenced contract must be maintained for audit purposes for no less than
three years beyond the date of final payment, unless a longer term is stated in said contract.
Recycled Product Use Certification
By signing this form, Contractor certifies under penalty of perjury that a minimum of 0% unless otherwise specified in writing of post
consumer material, as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold
to the State regardless of whether it meets the requirements of Public Contract Code Section 12209. Contractor specifies that
printer or duplication cartridges offered or sold to the State comply with the requirements of Section 12156(e).
Reminder to Return State Equipment/Property(If Applicable)
(Applies only if equipment was provided by CDPH or purchased with or reimbursed by contract funds)
Unless CDPH has approved the continued use and possession of State equipment(as defined in the above referenced contract)for
use in connection with another CDPH agreement, Contractor agrees to promptly initiate arrangements to account for and return said
equipment to CDPH, at CDPH's expense, if said equipment has not passed its useful life expectancy as defined in the above
referenced contract.
Patents/ Other Issues
By signing this form, Contractor further agrees, in connection with patent matters and with any claims that are not specifically
released as set forth above,that it will comply with all of the provisions contained in the above referenced contract, including, but not
limited to, those provisions relating to notification to the State and related to the defense or prosecution of litigation.
ONLY SIGN AND DATE THIS DOCUMENT WHEN ATTACHING TO THE FINAL INVOICE
Contractor's Legal Name (as on contract): County of Fresno
Signature of Contractor or Official Designee: Date:
Printed Name/Title of Person Signing:
CDPH Distribution: Accounting(Original) Program
CDPH 2352(7/07)