HomeMy WebLinkAboutAgreement A-15-248 with Fresno County IHSS Public Authority.pdfAgreement No. 15-248 ·
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INTERPRETER & TRANSLATION SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 16th day of --=-J=un...:..::e~---
3 2015, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of
4 California, hereinafter referred to as "COUNTY", the FRESNO COUNTY IN-HOME SUPPORTIVE
5 SERVICES PUBLIC AUTHORITY, a corporate public body, hereinafter referred to as the "PUBLIC
6 AUTHORITY", and each contractor listed in Exhibit A, attached hereto and by this reference
7 incorporated herein, collectively hereinafter referred to as "CONTRACTORS", and such additional
8 Contractors as may, from time to time during the term of this Agreement, be added by COUNTY.
9 WITNESSETH:
10 WHEREAS, COUNTY, through its Department of Social Services (DSS), Department
11 of Behavioral Health (DBH), and Department of Public Health (DPH), hereinafter referred to as
12 "Human Services Departments", and Department of Public Works and Planning and Probation
13 Department have a need for, and mandate to provide oral and/or written translation and interpreter
14 services in order to provide services to non-English-speaking patients, clients and consumers; and
15 WHEREAS, the PUBLIC AUTHORITY has a need for oral and/or written translation
16 and interpreter services to provide services to non-English-speaking providers; and
17 WHEREAS, the PUBLIC AUTHORITY and the COUNTY have entered into an
18 agreement dated April 23, 2002, whereby the COUNTY agreed to manage agreements on behalf
19 of the PUBLIC AUTHORITY as may be advisable for the operation of the PUBLIC AUTHORITY
20 and the PUBLIC AUTHORITY wishes the COUNTY to manage this Agreement with
21 CONTRACTORS on behalf of the PUBLIC AUTHORITY; and
22 WHEREAS, CONTRACTORS are able to provide the translation and interpreter
23 services needed by COUNTY, and are willing to provide them subject to the terms and conditions
24 of this Agreement.
25 NOW, THEREFORE, in consideration of the terms, covenants and conditions to be
26 kept and performed by each party, it is agreed as follows:
27 1. SERVICES
28 A. CONTRACTORS shall fulfill all services and responsibilities for oral. and/or
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written interpreter and translation services in accordance with Exhibit B,attached hereto and by
this reference incorporated herein,as requested by COUNTY'S Human Services departments,
Department of Public Works and Planning,Probation Department and/or the PUBLIC
AUTHORITY.
B.CONTRACTORS may be added to this Agreement in accordance with
Section Nineteen (19)of the Agreement and shall follow all of the Pre-Qualification Requirements
identified in Exhibit B.
C. In addition,before qualified CONTRACTORS provide any written
translation services to COUNTY'S Human Services Departments,the Department of Public Works
and Planning,Probation Department and/or the PUBLIC AUTHORITY,authorized staff shall
complete the "Request for Written Translation Services",identified as ExhibitC,attached hereto
and by this reference incorporated herein.In addition, ExhibitC shall be signed by the requesting
COUNTY'S Human Services Department,the Department of Public Works and Planning,
Probation Department or PUBLIC AUTHORITY authorized designee(s)and CONTRACTOR.
D. In addition,Orchid Interpreting,Inc.,shall fulfill all services and
responsibilities to provide headsets fortranslation services in accordance with Exhibit D,attached
hereto and by this reference incorporated herein,as requested by COUNTY'S Human Services
departments,the Department of Public Works and Planning,Probation Department and the
PUBLIC AUTHORITY.
E.All requests for services by CONTRACTOR(S)provided for under this
Agreement, shall be at the sole discretion of each COUNTY'S Human Services department,the
Department of Public Works and Planning, Probation Department and/or the PUBLIC
AUTHORITY.
F.CONTRACTOR(S)agree that the COUNTY shall administer the
Agreement on its own behalf as well as on the behalf ofthe PUBLIC AUTHORITY.Except with
regard to the provisions above,whereby the PUBLIC AUTHORITY shall be responsible for
appropriately requesting translation services it needs,the parties agree that all actions taken by
COUNTY,pursuant to the terms of this Agreement,pertaining to the administration of this
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Agreement shall be taken on behalf of,and be binding on, both the COUNTY and the PUBLIC
AUTHORITY.Examples of such administrative actions include, but are not limited to, issuing
notices of non-renewal or termination of agreement (Paragraphs 2 and 3 below);and receiving
invoices from CONTRACTORS and making payments to CONTRACTORS (See Paragraphs 4
and 5 below).Although COUNTY is authorized to take actions on behalf of the PUBLIC
AUTHORITY relating to the administration of this Agreement,the parties understand that the
PUBLIC AUTHORITY retains the rightto terminate its participation inthis Agreement pursuant to
section 3 of this Agreement,which in no way will affect this Agreement as it relates to the
CONTRACTOR and COUNTY.
2.TERM
This Agreement shall become effective onthe 1st dayof July 1,2015and shall
terminateon the 30th day ofJune,2018.
This Agreement shall be extended fortwo (2) additional twelve (12) month
periods upon the same terms and conditions herein set forth,unless written notice of non-renewal
is given not later than sixty (60)days priorto the expiration of close of the current Agreement term.
Written notice of non-renewal given by a CONTRACTOR to the COUNTY'S DBH Director or
designee shall only be effective as to the Agreement in relation to that CONTRACTOR and shall
have no effect on the renewal of the Agreement with respect to all other CONTRACTORS.
Likewise, notice of non-renewal given bythe COUNTY'S DBH Directoror designee shall only be
effective as to the Agreement in relation to the CONTRACTOR(S)to whom the notice is
addressed and shall have no effect on the renewal of the Agreement with respect to all other
CONTRACTORS or designee.
3.TERMINATION
A.Non-Allocation of Funds -The terms of this Agreement,and the services to
be provided thereunder,are contingent on the approval of funds by the appropriating government
agency.Should sufficient funds not be allocated,the services provided may be modified, or this
Agreement terminated,at any time by giving the CONTRACTOR thirty (30)days advance written
notice.
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B.Breach of Contract -The COUNTY or CONTRACTOR may immediately
suspend or terminate this Agreement in whole or in part,where in the determination of the
COUNTY or the PUBLIC AUTHORITY there is:
1)An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to the
COUNTY;
4)Improperly performed service.
In no event shall any payment by the COUNTY or PUBLIC AUTHORITY constitute a
waiver by the COUNTY or PUBLIC AUTHORITY of any breach of this Agreement or any default
which may then exist on the part of the CONTRACTOR.Neither shall such payment impair or
prejudice any remedy available to the COUNTY or PUBLIC AUTHORITY with respect to the
breach or default.The COUNTY or PUBLIC AUTHORITY shall have the right to demand of the
CONTRACTOR the repayment to the COUNTY or PUBLIC AUTHORITY of any funds disbursed
to the CONTRACTOR under this Agreement,which in the judgment of the COUNTY or PUBLIC
AUTHORITY were not expended in accordance with the terms of this Agreement.The
CONTRACTOR shall promptly refund any such funds upon demand.
C.Without Cause -Under circumstances other than those set forth above,
this Agreement may be terminated by COUNTY'S DBH Director or designee or PUBLIC
AUTHORITY upon the giving of thirty (30)days advance written notice of an intention to terminate
to CONTRACTOR.Written notice of termination given by a CONTRACTOR to the COUNTY'S
DBH Director or designee or PUBLIC AUTHORITY shall only be effective as to the Agreement in
relation to that CONTRACTOR and shall have no effect on the Agreement with respect to all other
CONTRACTORS.Likewise,written notice of termination given by the COUNTY'S DBH Director or
designee or PUBLIC AUTHORITY shall only be effective as to the Agreement in relation to the
CONTRACTOR(S)to whom the notice is addressed and shall have no effect on the Agreement
with respect to all other CONTRACTORS or designee.
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4.COMPENSATION
COUNTY'S Human Services Departments,Department of Public Works and
Planning,Probation Department andthe PUBLIC AUTHORITY agree to pay CONTRACTORS
and CONTRACTORS agree to receive compensation in accordance with "Compensation
Guidelines",identified in Exhibit D.In no event shall actual services performed under this
Agreement by all CONTRACTORS collectively be in excess of Four Hundred Thirty Four
Thousand Eight Hundred Twenty-Four and No/100 Dollars ($434,824.00)for the period of July 1,
2015 through June 30,2016.Foreach subsequent twelve (12)month period,compensation
underthis Agreement shall notexceed Four Hundred Thirty Four Thousand Eight Hundred
Twenty-Four and No/100 Dollars ($434,824.00).The cumulative total of this Agreement shall not
be in excess ofTwo Million One Hundred Seventy Four Thousand One Hundred Twenty and
No/100 Dollars ($2,174,120.00).
Payments by COUNTY shall be in arrears,for services provided during the
preceding month,within forty-five (45)days after receipt,verification and approval of
CONTRACTORS'timesheets byeach COUNTY Department and PUBLIC AUTHORITY utilizing
CONTRACTOR services.If CONTRACTORS should fail to comply with any provision of the
Agreement,COUNTY shall be relieved of its obligation for further compensation.
It is understood that all expenses incidental to CONTRACTORS'performance
of services under this Agreement shall be borne by CONTRACTORS.
5.INVOICING
Each CONTRACTOR shall submit a completed "County of Fresno Contracted
Interpreter Timesheet"and "Contracted Interpreter Cover Sheet",and Translation Equipment
Rental Sheet identified as Exhibit E,E1,and E2 attached hereto and by this reference
incorporated herein,by the fifth (5th)working day of each month for the prior month's services to
each Department that utilized services.The invoices shall besent to the PUBLIC AUTHORITY or
the COUNTY Department for which the translation serviceswere provided.The addresses to
which invoices shall be sent are:
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1 A.Department of Social Services
P.O.Box 1912
2 Fresno,CA 93718-1912
3 or email to dssinvoices@co.fresno.ca.us
Attention:Pao Ly,Language Access Services
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B.Department of Behavioral Health
4441 E Kings Canyon Road
Fresno CA 93702
Attention:Language Access Services
C.Department of Public Health
PO Box 11867
g Fresno CA 93775
Attention:Julie Williams,Administrative Support Unit
D.In-Home Supportive Services Public Authority
P.O.Box 1912
12 Fresno,CA 93718-1912
or email to dssinvoices@co.fresno.ca.us
13 Attention:Pao Ly,LanguageAccess Services
14 E.Department of Public Works and Planning
15 2220 Tulare Street,6th Floor
Fresno CA 93721
16 Attention:Special Districts Administration
F.Probation Department
3333 E.American Avenue,Suite B
Fresno,CA 93725
Attention:Probation Business Office
FUNDING DELAY
In the event that funding for these services is delayed by the California State
Controller,COUNTY and PUBLIC AUTHORITY shall defer payment to CONTRACTORS.The
amount of the deferred payment shall not exceed the amount of funding delayed by the State
Controller to the County.The period of time of the deferral by County shall not exceed the period
of time of the State Controller's delay of payment to County plus forty-five days.
7.PUBLIC AUTHORITY AS SEPARATE ENTITY
CONTRACTORS understand and agree that the PUBLIC AUTHORITY is an
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independent legal entity,separate and apart from the COUNTY,and that the PUBLIC
AUTHORITY, not the COUNTY, is solely responsible to compensate CONTRACTORS for
services rendered to the PUBLIC AUTHORITY under this Agreement.The PUBLIC AUTHORITY
has no power to bind the COUNTYto any contractual or legal obligations. Nor may the obligees
of the PUBLIC AUTHORITY seek recourse against the COUNTYfor any financial or legal
obligation of the authority.
8.INDEPENDENT CONTRACTOR
In performance of the work,duties and obligations assumed by
CONTRACTORS under this Agreement,itis mutually understood and agreed that
CONTRACTORS,including any and all of the CONTRACTORS'officers,agents,and employees
will at all times be acting and performing as an independent contractor,and shall act in an
independent capacity and not as an officer,agent,servant,employee,joint venturer,partner,or
associate of the COUNTY nor the PUBLIC AUTHORITY.Furthermore,neither COUNTY nor the
PUBLIC AUTHORITY shall have any right to control or supervise or direct the manner or method
by which CONTRACTORS shall perform their work and function.However,COUNTY and the
PUBLIC AUTHORITYshall retain the right to administer this Agreement so as to verify that
CONTRACTORS are performing their obligations in accordance with the terms and conditions
thereof.
CONTRACTOR,COUNTY,and PUBLIC AUTHORITYshall comply with all
applicable provisions of law and the rules and regulations,if any,of governmental authorities
having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor,CONTRACTORS shall
have absolutely no right to employment rights and benefits available to COUNTY or PUBLIC
AUTHORITY employees.CONTRACTORS shall be solely liable and responsible for providing to,
or on behalf of, its employees all legally-required employee benefits.In addition,CONTRACTORS
shall be solely responsible and save COUNTY and the PUBLIC AUTHORITY harmless from all
matters relating to payment of CONTRACTORS'employees,including compliance with Social
Security withholding and all other regulations governing such matters.It is acknowledged that
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during the term of this Agreement,CONTRACTORS may be providing services to others
unrelated to the COUNTY or the PUBLIC AUTHORITY or to this Agreement.
9.MODIFICATION
Except has provided for in Section Nineteen (19)of this Agreement,any
matters of this Agreement may be modified from time to time by the written consent of all the
parties without,in anyway,affecting the remainder.
Notwithstanding the above,minor changes as determined by COUNTY'S DBH
or designee may be made withthe written approval of COUNTY'S Director, or designee and
CONTRACTOR.Minor changes include,but are not limited to changes that will not significantly
alter the responsibilities identified in Paragraph One (1) of this Agreement and Exhibit B,and
changes in addresses to which notices or invoices are to be sent.Any changes to the services
shall not result in any change to the maximum compensation.Such minor changes shall be
binding on the PUBLIC AUTHORITY.
Any modifications,made pursuant to the above provisions,shall be effective as
to the CONTRACTORS identified in the written modification,and shall not alter or affect the
existing Agreement between COUNTY and the remaining CONTRACTORS.
10.NON-ASSIGNMENT
CONTRACTORS shall not assign,transfer or sub-contract this Agreement nor
their rights or duties under this Agreement.
11-HOLD HARMLESS
CONTRACTORS agree to indemnify,save,hold harmless,and at COUNTY'S
and/or PUBLIC AUTHORITY'S request,defend the COUNTY and PUBLIC AUTHORITY,their
officers,agents,and employees from any and all costs and expenses,damages,liabilities, claims,
and losses occurring or resulting to COUNTY and/or PUBLICAUTHORITYin connection withthe
performance,or failure to perform, by CONTRACTORS,its officers,agents,or employees under
this Agreement,and from any and all costs and expenses,damages,liabilities,claims,and losses
occurring or resulting to any person,firm,or corporation who may be injured or damaged by the
performance,or failure to perform, of CONTRACTORS, its officers,agents,or employees under
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this Agreement.In addition,CONTRACTORS agree to indemnify COUNTY and the PUBLIC
AUTHORITY for Federal,State of California and/or local audit exceptions resulting from
noncompliance herein on the part of CONTRACTORS.
12.INSURANCE
A.Without limiting the COUNTY'S or PUBLIC AUTHORITY'S right to obtain
indemnification from CONTRACTORS or any third parties,CONTRACTORS,at its sole expense,
shall maintain in full force and effect,the following insurance policies or a program of self-
insurance,including but not limitedto, an insurance pooling arrangement or Joint Powers
Agreement (JPA)throughout the term of the Agreement:
B.Commercial General Liability
Commercial General Liability Insurance with limits of not less than One
Million Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million Dollars
($2,000,000).This policyshall be issued on a per occurrence basis.COUNTY may require
specific coverages including completed operations, products liability,and contractual liability,
Explosion-Collapse-Underground,fire legal liability or any other liability insurance deemed
necessary because of the nature of this contract.
C.Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred
Thousand Dollars ($500,000.00)per accident and for property damages of not less than Fifty
Thousand Dollars ($50,000.00),or such coverage with a combined single limit of Five Hundred
Thousand Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used
in connection with this Agreement.
D.Professional Liability
If CONTRACTORS employs licensed professional staff,(e.g.,Ph.D.,R.N.,
L.C.S.W., M.F.C.T.) in providing services,Professional Liability Insurance with limitsof not less
than One Million Dollars ($1,000,000.00)per occurrence,Three Million Dollars ($3,000,000.00)
annual aggregate.
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E.Worker's Compensation
A policyofWorker's Compensation insurance as may be required bythe
California Labor Code.
CONTRACTORS shall obtain endorsements to the Commercial General
Liability insurance naming the County of Fresno and the Fresno County In-Home Supportive
Services Public Authority,their officers,agents,and employees,individually and collectively,as
additional insured,but only insofar as the operations under this Agreement are concerned.Such
coverage for additional insured shall apply as primary insurance and any other insurance,or
self-insurance,maintained by COUNTY and PUBLIC AUTHORITY,their officers,agents and
employees shall be excess only and not contributing with insurance provided under
CONTRACTORS policies herein.This insurance shall not be cancelled or changed without a
minimum of thirty (30)days advance written notice given to COUNTY and the PUBLIC
AUTHORITY.
Within thirty (30)days from the date CONTRACTORS sign and execute this
Agreement,CONTRACTORS shall provide certificates of insurance and endorsement as stated
above for all of the foregoing policies,as required herein,to the County of Fresno,Department of
Behavioral Health (4441 E Kings Canyon Road,Fresno,CA 93702,Attention:Contract Analyst),
stating that such insurance coverage have been obtained and are in full force;that the County of
Fresno and the Fresno County In-Home Supportive Services Public Authority,their officers,
agents and employees will not be responsible for any premiums on the policies;that such
Commercial General Liability insurance names the County of Fresno and Fresno County In-Home
Supportive Services Public Authority,their officers,agents and employees,individually and
collectively,as additional insured,but only insofar as the operations under this Agreement are
concerned;that such coverage for additional insured shall apply as primary insurance and any
other insurance,or self-insurance,maintained by COUNTY and/or the PUBLIC AUTHORITY,their
officers,agents and employees,shall be excess only and not contributing with insurance provided
under CONTRACTORS policies herein;and that this insurance shall not be cancelled or changed
without a minimum of thirty (30)days advance,written notice given to COUNTY and the PUBLIC
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AUTHORITY.
In the event CONTRACTORS fail to keep in effect at all times insurance
coverage as herein provided,the COUNTY and the PUBLIC AUTHORITY may, in addition to
other remedies it may have,suspend or terminate this Agreement upon the occurrence of such
event.
All policies shall be with admitted insurers licensed to do business in the State
of California.Insurance purchased shall be purchased from companies possessing a current A.M.
Best,Inc.rating of A FSC VII or better.
13.CONFIDENTIALITY
All services performed by CONTRACTORS under this Agreement shall be in
strict conformance with all applicable Federal,State of California and/or local laws and regulations
relating to confidentiality,including but not limited to,California Civil code section 56 etseq.,
California Welfare and Institutions Code sections 5328,10850 and 14100.2,Health and Safety
Code section 11812,22 California Code of Regulations section 51009,and 42 Code of Federal
Regulations sections 2.1 et seq.CONTRACTORS shall ensure that no listof persons receiving
services under this contract is published,disclosed,or used for any other purpose except for the
direct administration of the program or other uses authorized by law that are not in conflict with
requirements for confidentiality.
Except as otherwise provided in this Agreement,CONTRACTORS,as
Business Associates of COUNTY,may use or disclose protected health information ("PHI") to
perform functions,activities or services for or on behalf of COUNTY,as specified in this
Agreement,provided that such use or disclosure shall not violate the Health Insurance Portability
and Accountability Act (HIPAA),U.S.C.1320d et seq.,and its implementing regulations including
but not limited to 45 C.F.R.Parts 160,162,and 164 (hereafter known as "the Privacy and Security
Rules").The uses and disclosures of PHI may not be more expansive than those applicable to
COUNTY,as the "Covered Entity"under the Privacy Rule,except as authorized for management,
administrative or legal responsibilities of the Business Associate.
CONTRACTORS shall not use or further disclose PHI other than as permitted
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or required by this Agreement,or as required by law.
CONTRACTORS shall implement administrative,physical and technical
safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of
PHI that it creates,receives,maintains,or transmits on behalf of COUNTY.
CONTRACTORS shall ensure that any agent,including a subcontractor to
whom CONTRACTORS provide PHI received from COUNTY,or to whom CONTRACTORS
provide PHI which is created on behalf of COUNTY,agrees to the same restrictions and
conditions that apply to CONTRACTORS with respect to such information.
CONTRACTORS shall report to COUNTY'S DBHS Director, or designee,in
writing within five (5)working days of any security incident of which CONTRACTORS become
aware.It is understood that if the security incident is not corrected within sixty (60)days of
CONTRACTORS'written notification to COUNTY'S DBH,CONTRACTORS acknowledge that the
COUNTY'S DBH Director,or designee,may terminate this Agreement in accordance to Section
Three (3) if COUNTY'S DBH Director,or designee,determines that CONTRACTORS have
violated a material term of this Agreement.
CONTRACTORS shall provide access,at the request of COUNTY,and in
the time and manner designated by COUNTY,to PHI in a designated record set (as defined in
45 C.F.R.§164.501),to an individual or to COUNTY in order to meet the requirements of 45
C.F.R.§164.524 regarding access by individuals to their PHI.
CONTRACTORS shall make any amendment(s)to PHI in a designated
record set at the request of COUNTY,and in the time and manner designated by COUNTY in
accordance with 45 C.F.R.§164.526
CONTRACTORS shall provide to COUNTY or to an individual,in a timely
and manner designated by COUNTY,information collected in accordance with 45 C.F.R.§
164.528,to permit COUNTY to respond to a request by the individual for an accounting of
disclosures of PHI in accordance with 45 C.F.R.§164.528.
CONTRACTORS shall make internal records related to the use,disclosure,
and privacy protection of PHI received from COUNTY,or created/received by CONTRACTORS
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on behalf of COUNTY,available to COUNTY or to the Secretary of the United States
Department of Health and Human Services for purposes of investigating or auditing COUNTY'S
compliance with the Health Insurance Portability and Accountability Act, in a time and manner
designated by COUNTY or the Secretary.
CONTRACTORS shall,if feasible,return or destroy all PHI received from
COUNTY'S DSS,or created or received by CONTRACTORS on behalf of COUNTY'S DSS
upon expiration or termination of this Agreement.In the event that CONTRACTOR deems this
infeasible,CONTRACTORS shall notify COUNTY'S DSS of the conditions that make return or
destruction infeasible,and upon mutual agreement of the parties that return or destruction is
infeasible,extend the protections of this Agreement to the PHI in order to limit future
disclosures of PHI by CONTRACTORS.
The parties agree to take such action as is necessary to amend this
Agreement as necessary for COUNTY'S Human Services Departments to comply with the
requirements of the Privacy and Security Rules and the implementing regulations.Any such
changes may be made with the written approval of COUNTY'S Compliance Privacy Officer or
designee,and/or the Security Officer or designee should the Security Officer obtain such
authority from the Board of Supervisors.
CONTRACTORS shall mitigate,to the extent practicable,any harmful effect
that is known to CONTRACTORS of a use or disclosure of PHI by CONTRACTORS in violation
of the requirements of this Agreement.
14.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable ifthe CONTRACTOR is operating as a
corporation (a for-profit or non-profit corporation)or if during the term of this agreement,the
CONTRACTOR changes its status to operate as a corporation.
Members of the CONTRACTOR'S Board of Directors shall disclose any self-
dealing transactions that they are a party to while CONTRACTOR is providing goods or
performing services under this agreement.A self-dealing transaction shall mean a transaction
to which the CONTRACTOR is a party and in which one or more of its directors has a material
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financial interest.Members of the Board of Directors shall disclose any self-dealing
transactions that they are a party to by completing and signing a Self-Dealing Transaction
Disclosure Form (Exhibit H)and submitting itto the COUNTY prior to commencing with the
self-dealing transaction or immediately thereafter.
15.DATA SECURITY
For the purpose of preventing the potential loss,misappropriation or
inadvertent disclosure of COUNTY and PUBLIC AUTHORITY data including sensitive or personal
client information;abuse of COUNTY and PUBLIC AUTHORITY resources;and/or disruption to
COUNTY and PUBLICAUTHORITY operations,individuals and/or agencies that enter into a
contractual relationship with COUNTYand PUBLIC AUTHORITY for the purpose of providing
services under this Agreement must employ adequate data security measures to protect the
confidential information provided to CONTRACTOR by COUNTYand PUBLIC AUTHORITY,
including but not limited to the following:
A.Contractor-Owned Mobile/Wireless/Handheld Devices may not be
connected to COUNTY networks via personally owned mobile,wireless or handheld devices,
except when authorizedby COUNTY and PUBLIC AUTHORITY for telecommuting and then only
if virus protection software currency agreements are in place, and if a secure connection is used.
B.Contractor-Owned Computers or Computer Peripherals may not
brought into COUNTY and PUBLIC AUTHORITY foruse,including and not limited to mobile
storage devices,without prior authorization from COUNTY'S Chief Information Officer or her
designee. Data must be stored on a secure server approved by COUNTY and transferredby
means ofa VPN (Virtual Private Network)connection, or another type of secure connection ofthis
type ifany data is approved to be transferred.
C. County-Owned Computer Equipment -CONTRACTOR or anyone
having an employment relationship with COUNTY and PUBLIC AUTHORITY may not use
COUNTYand PUBLIC AUTHORITY computers or computer peripherals on non-COUNTY
premises without prior authorization from COUNTY'S Chief Information Officer orher designee.
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D.CONTRACTOR may not store COUNTY and PUBLIC AUTHORITY
private,confidential or sensitive data on any hard-disk drive.
E.CONTRACTOR is responsible to employ strict controls to insure the
integrity and security of COUNTY and PUBLIC AUTHORITY confidential information and to
prevent unauthorized access to data maintained in computer files,program documentation,data
processing systems,data files and data processing equipment which stores or processes
COUNTY and PUBLIC AUTHORITY data internally and externally.
F. Confidentialclient information transmitted to one party by the other by
means of electronic transmissions must be encrypted according to Advanced Encryption
Standards (AES) of 128 BITor higher. Additionally, a password or pass phrase must be utilized.
G.CONTRACTOR is responsible to immediately notify COUNTY and
PUBLIC AUTHORITYof any breaches or potential breaches of security related to COUNTY and
PUBLIC AUTHORITYconfidential information,data maintained in computer files,program
documentation,data processing systems,data files and data processing equipment which stores
or processes COUNTY and PUBLIC AUTHORITY data internally or externally.
H. In the event of a breach of security related to COUNTY and PUBLIC
AUTHORITY confidential client information provided to CONTRACTOR,COUNTY and PUBLIC
AUTHORITY will manage the response to the incident,however,CONTRACTOR will be
responsible to issue any notification to affected individuals as required by law or as deemed
necessary by COUNTY in its sole discretion.CONTRACTOR will be responsible for all costs
incurred as a result of providing the required notification.When no longer needed,all Medi-Cal
Personally Identifiable Information,as defined in the Medi-Cal Data Privacy and Security
Agreement between the California DHCS and the County of Fresno,Agreement No.A-14-075,
whether stored in print or electronic format,must be destroyed or disposed of through confidential
means,as described in Agreement A-14-075.Agreement No.A-14-075 is available upon request
or can be viewed at:http://www.co.fresno.ca.us/MediCalPrivacy
I.The requirements in this Data Security provision shall apply to
CONTRACTOR'S subcontractors,ifany."
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16.NON-DISCRIMINATION
During the performance ofthis Agreement,CONTRACTORS shall not unlawfully
discriminate against any employee or applicant for employment, or recipient of services,because
of race,religion, color,national origin,ancestry,physical disability,medical condition, marital
status,age or gender,pursuant to all applicable State of California and Federal statutes and
regulations.
17.SEPARATE AGREEMENT
It is mutually understood bythe parties that this Agreement does not,in any
way,create a joint venture among the individual CONTRACTOR. By execution of the Agreement,
CONTRACTORS understand that a separate Agreement is formed between each individual
CONTRACTOR and COUNTY and PUBLIC AUTHORITY.CONTRACTORS further understand
that COUNTY and the PUBLIC AUTHORITY utilize services of other CONTRACTORS and that
no single CONTRACTOR is guaranteed any specific amount of compensation during each twelve
(12)month period of this Agreement.
18.PROHIBITION ON PUBLICITY
None of the funds,materials,property or services provided directly or indirectly
under this Agreement shall be used for CONTRACTORS'advertising,fundraising, or publicity
(i.e.,purchasing of tickets/tables,silent auction donations,etc.)for the purpose of self-promotion.
Notwithstanding the above,publicity of the services described in Section One (1) of this
Agreement shall be allowed as necessary to raise public awareness about the availability of such
specific services when approved in advance by each COUNTY Department Director and
Administrator for the PUBLIC AUTHORITY or their designees and at a cost to be provided by
CONTRACTORS in writingfor such items as written/printed materials,the use of media (i.e.,
radio,television,newspapers)and any other related expense(s).
19.ADDITIONS/DELETIONS OF CONTRACTORS
COUNTY'S DBH Director or designee,on behalf of both the COUNTY and the
PUBLIC AUTHORITY,reserve the right at any time during the term of this Agreement to add new
contractors to those identified in Exhibit A.CONTRACTOR(S)shall meet all pre-qualification
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requirements identified in Exhibit B, prior to being added to this Agreement.It is understood that
any such additions shall not affect compensation paid to the other CONTRACTORS,and
therefore such additions may be made by COUNTY'S DBH Director or designee without notice to
or approval of other CONTRACTORS under this Agreement.These same provisions shall apply
to the deletion of any CONTRACTOR(S)identified in Exhibit A,except that deletions shall be by
mutual written agreement between COUNTY'S DBH Director,or designee and the particular
CONTRACTOR(S)to be deleted,or shall be in accordance with the provisions of Paragraph
Three (3) of this Agreement.
20.CONFLICT OF INTEREST
No officer,agent or employee of the COUNTY and PUBLIC AUTHORITY who
exercises any function or responsibility for planning and carrying out the services provided under
this Agreement shall have any direct or indirect personal financial interest in this Agreement.In
addition,no employee of the COUNTY or the PUBLIC AUTHORITY shall be employed by under
this Agreement to fulfill any contractual obligations with COUNTY or the PUBLIC AUTHORITY.
CONTRACTOR(S)shall also comply with all Federal,State of California,and local conflict of
interest laws,statutes,and regulations,which shall be applicable to all parties and beneficiaries
under this Agreement and any officer,agent,or employee of the COUNTY or PUBLIC
AUTHORITY.
21.HEALTH CLEARANCE REQUIREMENTS
CONTRACTORS providing services under this Agreement shall be in
compliance with COUNTY'S health clearance requirements,as determined by each program
utilizing CONTRACTORS services within COUNTY'S Human Services departments,
Department of Public Works and Planning,Probation Department and the PUBLIC
AUTHORITY.It shall be the responsibility of CONTRACTORS to insure their own safety.Prior
to services being performed under this Agreement,CONTRACTORS must provide COUNTY'S
DBH proof the CONTRACTORS meet COUNTY'S health clearance requirements,as
determined by each program utilizing CONTRACTORS services within COUNTY'S Human
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Services departments,Department of Public Works and Planning,Probation Department and
PUBLIC AUTHORITY,including,but not limited to:
A.Providing proofofa negative skintest fortuberculosis (TB)within the
past twelve (12)months. For positiveTBskin test within the past twelve (12)months, an initial
assessment and yearly assessment forsigns and symptoms of disease will be required; and
B.Providing any other health clearance requirements as may be mandated
during the term ofthisAgreement by COUNTY due to licensing regulations and/or requirements.
22.AVAILABILITY
COUNTY'S Human Services departments,Department of Public Works and
Planning, Probation Department, and the PUBLIC AUTHORITY,mayor may not requirethe
services of CONTRACTORS during each term of this Agreement.COUNTY'S Human Services
departments,Department of PublicWorks and Planning, Probation Department, and the PUBLIC
AUTHORITY,recognize, due to other employment CONTRACTORS may or may not be available
to perform services at times requested by COUNTY'S Human Services department, Departmentof
Public Works and Planning,Probation Department or the PUBLIC AUTHORITY.
23.COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS
CONTRACTOR(S) recognize that COUNTY'S DBH operates its Mental Health
Programs under an agreement with the State of California Department of Mental Health, and that
under said agreement the State of California imposes certain requirements on COUNTY'S DBH
and its subcontractors.CONTRACTOR(S)shall adhere to all State of California and Federal
requirements,including those identified in Exhibit F,attached hereto and bythis reference
incorporated herein.
CONTRACTOR(S)also shall recognize that COUNTY'S DBH operates its
alcohol and drug programs under an agreement with the State of California Department of Health
Care Services,and that under said agreement the State of California imposes certain
requirements on COUNTY'S DBH and its subcontractors.CONTRACTOR(S) shall adhere to all
State of California and Federal requirements,including those identified in Exhibit G,attached
hereto and by this reference incorporated herein.
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CONTRACTOR(S)recognize that COUNTY and PUBLIC AUTHORITY
operate several of its programs with the use of State Federal funds,and that the use of these
funds imposes certain requirements on COUNTYand its subcontractor.CONTRACTOR(S) shall
adhere to all Federal requirements,including those identified in ExhibitG,attached hereto and by
this reference incorporated herein.
24.AUDITS AND INSPECTIONS
CONTRACTORS shall at any time during business hours,and as often as the
COUNTY and/or PUBLIC AUTHORITY may deem necessary,make available to COUNTY and/or
PUBLIC AUTHORITY for examination all of their records and data with respect to the matters
covered by this Agreement.The CONTRACTOR shall,upon request by the COUNTY or the
PUBLIC AUTHORITY, permit the COUNTY or PUBLIC AUTHORITYto audit and inspect all of
such records and data necessary to ensure CONTRACTORS'compliance with the terms of this
Agreement.
Ifthis Agreement exceeds ten thousand dollars ($10,000.00),CONTRACTOR
shall be subject to the examination and audit of the Auditor General for a period of three (3)years
after final payment under contract (Government Code Section 8546.7).
25.NOTICES
The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
COUNTY CONTRACTOR
Director,Countv of Fresno
Department of Social Services SEE EXHIBIT A
P.O.Box 1912
Fresno,CA 93718-1912
Any and all notices between the COUNTY,PUBLIC AUTHORITY and the
CONTRACTOR provided for or permitted under this Agreement or by law shall be in writing and
shall be deemed duly served when personally delivered to one of the parties,or in lieu of such
personal services,when deposited in the United States Mail,postage prepaid,addressed to such
party.
///
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26.GOVERNING LAW
Venue forany action arisingout ofor related to this Agreement shall onlybe in
Fresno County,California.
The rights and obligations ofthe parties and all interpretation and performance
of this Agreement shall be governed in all respects by the laws of the State of California.
27.CONFIDENTIALITY AND MEDI-CAL PRIVACY
All services performed by CONTRACTOR under this Agreement shall be in
strict conformance with all applicable Federal,State of California,and/or local laws and
regulations relating to confidentiality including,but not limited to:California Welfare and
Institutions Code Sections 10850 and 14100.2;the CDSS Manual of Policies and Procedures,
Division 19-0000;the California Department of Health Care Services (DHCS) Medi-Cal
Eligibility Procedures Manual,Section 2H; and the Medi-Cal Data Privacy and Security
Agreement between the California DHCS and the County of Fresno,Agreement No.A-14-075,
by this reference incorporated herein, to assure that all applications and records concerning
program recipients shall be kept confidential and shall not be opened to examination,
publicized,disclosed,or used for any purpose not directly connected with administration of the
program.Agreement No.A-14-075 is available upon request or can be viewed at:
http://www.co.fresno.ca.us/MediCalPrivacy/.CONTRACTOR shall inform all of its employees,
agents,officers,subcontractors,Board of Directors members or partners of this provision; and
that any person knowingly and intentionally violating this provision is guilty of a misdemeanor.
28.HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
A.The parties to this Agreement shall be in strict conformance with all
applicable Federal and State of California laws and regulations,including but not limited to
Sections 5328,10850,and 14100.2 et seq.of the Welfare and Institutions Code,Sections 2.1 and
431.300 et seq.of Title42,Code of Federal Regulations (CFR),Section 56 et seq.of the
California Civil Code,Sections 11977 and 11812 ofTitle22 ofthe California Code of Regulations,
and the Health Insurance Portability and Accountability Act (HIPAA),including but not limitedto
Section 1320 D et seq.of Title42, United States Code (USC) and its implementing regulations,
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including,but not limited to Title 45, CFR, Sections 142,160,162,and 164,The Health
Information Technology for Economic and Clinical Health Act (HITECH)regarding the
confidentiality and security of patient information,and the Genetic Information Nondiscrimination
Act (GINA)of 2008 regarding the confidentiality of genetic information.
Except as otherwise provided in this Agreement,CONTRACTOR,as
a Business Associate of COUNTY,may use or disclose Protected Health Information (PHI)to
perform functions,activities orservices for oron behalf of COUNTY,as specified in this
Agreement,provided that such useor disclosure shall not violate the Health Insurance Portability
and Accountability Act (HIPAA),USC 1320d et seq.The uses and disclosures of PHI may not be
more expansive than those applicableto COUNTY,as the "Covered Entity"under the HIPAA
Privacy Rule (45CFR 164.500 etseq.),exceptas authorized for management,administrative or
legal responsibilities of the Business Associate.
B.CONTRACTOR,including its subcontractors and employees,shall
protect,from unauthorized access, use, or disclosure ofnames and other identifying information,
including genetic information,concerning persons receiving services pursuant to this Agreement,
except where permitted in ordertocarryoutdata aggregation purposes for health care operations
[45 CFRSections 164.504 (e)(2)(i),164.504 (3)(2)(ii)(A),and 164.504 (e)(4)(i)]This pertains to
anyand all persons receiving services pursuant toa COUNTY funded program.This requirement
appliesto electronic PHI.CONTRACTOR shall notuse such identifying information orgenetic
information forany purpose other than carrying out CONTRACTOR'S obligations underthis
Agreement.
C.CONTRACTOR,including its subcontractorsand employees,shall not
disclose anysuch identifying information or genetic information toany personor entity,exceptas
otherwise specifically permitted bythis Agreement, authorized bySubpart Eof45 CFR Part 164
orother law,required by the Secretary,or authorized by the client/patient in writing.In using or
disclosing PHI that is permitted bythis Agreement or authorized by law,CONTRACTOR shall
makereasonable efforts to limit PHI tothe minimum necessary to accomplish intended purpose
of use,disclosure or request.
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D.For purposes of the above sections,identifying information shall
include,but not be limited to name,identifying number,symbol,or other identifying particular
assigned to the individual,such as finger or voice print, or photograph.
E.For purposes of the above sections,genetic information shall include
genetic tests of family members of an individual or individual,manifestation of disease or disorder
of family members of an individual, or any request for or receipt of,genetic services by individual
or family members.Family member means a dependent or any person who is first,second,third,
or fourth degree relative.
F.CONTRACTOR shall provide access,at the request of COUNTY,
and in the time and manner designated by COUNTY,to PHI in a designated record set (as
defined in 45 CFR Section 164.501),to an individual or to COUNTY in order to meet the
requirements of 45 CFR Section 164.524 regarding access by individuals to their PHI. With
respect to individual requests,access shall be provided within thirty (30)days from request.
Access may be extended if CONTRACTOR cannot provide access and provides individual with
the reasons for the delay and the date when access may be granted.PHI shall be provided in
the form and format requested by the individual or COUNTY.
CONTRACTOR shall make any amendment(s)to PHI in a
designated record set at the request of COUNTY or individual,and in the time and manner
designated by COUNTY in accordance with 45 CFR Section 164.526.
CONTRACTOR shall provide to COUNTY or to an individual,in a
time and manner designated by COUNTY,information collected in accordance with 45 CFR
Section 164.528,to permit COUNTY to respond to a request by the individual for an accounting
of disclosures of PHI in accordance with 45 CFR Section 164.528.
G.CONTRACTOR shall report to COUNTY,in writing,any knowledge or
reasonable belief that there has been unauthorized access,viewing,use,disclosure,security
incident,or breach of unsecured PHI not permitted by this Agreement of which it becomes aware,
immediately and without reasonable delay and in no case later than two (2)business days of
discovery.Immediate notification shall be made to COUNTY'S Information Security Officer and
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Privacy Officer and COUNTY'S DPH HIPAA Representative,within two (2)business daysof
discovery. The notification shall include,to the extent possible, the identification of each individual
whose unsecured PHI has been,or is reasonably believed to havebeen, accessed,acquired,
used,disclosed,or breached.CONTRACTOR shall take prompt corrective action tocureany
deficiencies and any action pertaining tosuch unauthorized disclosure required by applicable
Federal and State Laws and regulations.CONTRACTOR shall investigatesuch breach and is
responsible for all notifications required by law and regulation ordeemed necessary by COUNTY
and shall provide a written report ofthe investigationand reporting required to COUNTY'S
Information Security Officer and Privacy Officer and COUNTY'S DPH HIPAA Representative.This
written investigation and descriptionofany reporting necessary shall be postmarked within the
thirty (30) working days of the discovery of the breach to the addresses below:
Countyof Fresno Countyof Fresno Countyof Fresno
Dept.of Public Health Dept.of Public Health Information Technology
Services
HIPAA Representative Privacy Officer Information Security Officer
(559)600-6439 (559)600-6405 (559)600-5800
P.O.Box 11867 P.O.Box 11867 2048 N.Fine Street
Fresno,CA 93775 Fresno,CA 93775 Fresno,CA 93727
H.CONTRACTORshall make its internal practices,books, and records
relating tothe use and disclosure of PHI received from COUNTY,or created or received by the
CONTRACTOR on behalf of COUNTY,in compliance with HIPAA's Privacy Rule,including,but
not limited to the requirements set forth in Title 45,CFR,Sections 160 and 164.CONTRACTOR
shall make its internal practices,books, and records relatingto the use and disclosure of PHI
received from COUNTY,or created or received bythe CONTRACTOR on behalf of COUNTY,
available tothe United States Department of Health and Human Services (Secretary)upon
demand.
CONTRACTOR shall cooperate with the compliance and investigation
reviews conducted bythe Secretary.PHI access tothe Secretary mustbe provided during the
CONTRACTOR'S normal business hours,however,upon exigent circumstances access atany
time must be granted. Uponthe Secretary's compliance or investigation review,if PHI is
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unavailable to CONTRACTOR and in possession of a Subcontractor,it must certifyefforts to
obtain the information to the Secretary.
I.Safeguards
CONTRACTOR shall implement administrative,physical,and
technical safeguards as required by the HIPAA Security Rule,Subpart C of 45 CFR 164,that
reasonably and appropriately protect the confidentiality,integrity,and availabilityof PHI, including
electronic PHI,that it creates,receives,maintains or transmits on behalf of COUNTY and to
prevent unauthorized access,viewing,use,disclosure,or breach of PHI other than as provided for
by this Agreement.CONTRACTOR shall conduct an accurate and thorough assessment of the
potential risks and vulnerabilities to the confidential,integrity and availability of electronic PHI.
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 CONTRACTOR'S operations and the nature and scope of its activities. Upon
COUNTY'S request,CONTRACTOR shall provide COUNTY with information concerning such
safeguards.
CONTRACTOR shall implement strong access controls and other
security safeguards and precautions in order to restrict logical and physical access to confidential,
personal (e.g.,PHI)or sensitive data to authorized users only.Said safeguards and precautions
shall include the following administrative and technical password controls for all systems used to
process or store confidential,personal,or sensitive data:
1.Passwords must not be:
a.Shared or written down where they are accessible or
recognizable by anyone else;such as taped to computer screens,stored under keyboards,or
visible in a work area;
b. A dictionary word;or
c.Stored in clear text
2.Passwords must be:
a.Eight (8)characters or more in length;
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b.Changed every ninety (90)days;
c.Changed immediately if revealed or compromised;and
d.Composed of characters from at least three (3) of the
following four (4)groups from the standard keyboard:
1)Upper case letters (A-Z);
2)Lowercase letters (a-z);
3)Arabic numerals (0 through 9);and
4)Non-alphanumeric characters (punctuation symbols).
CONTRACTORshall implement the following security controls on
each workstation or portable computing device (e.g., laptop computer)containing confidential,
personal,or sensitive data:
1.Network-based firewall and/or personal firewall;
2.Continuously updated anti-virus software;and
3.Patch management process including installation of all operating
system/software vendor security patches.
CONTRACTOR shall utilize a commercial encryption solution that
has received FIPS 140-2 validation to encrypt all confidential,personal,or sensitive data stored
on portable electronic media (including,but not limited to,compact disks and thumb drives) and
on portable computing devices (including,but not limited to, laptop and notebook computers).
CONTRACTOR shall not transmit confidential,personal,or sensitive
data via e-mail or other internet transport protocol unless the data is encrypted by a solution
that has been validated by the National Institute of Standards and Technology (NIST)as
conforming to the Advanced Encryption Standard (AES)Algorithm.CONTRACTOR must apply
appropriate sanctions against its employees who fail to comply with these safeguards.
CONTRACTOR must adopt procedures for terminating access to PHIwhen employment of
employee ends.
J.Mitigation of Harmful Effects
CONTRACTOR shall mitigate,to the extent practicable,any harmful effect
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that is suspected or known to CONTRACTOR of an unauthorized access,viewing,use,
disclosure,or breach of PHI by CONTRACTOR or its subcontractors in violation of the
requirements ofthese provisions.CONTRACTOR must document suspected or known
harmful effects and the outcome.
K.CONTRACTOR'S Subcontractors
CONTRACTOR shall ensure that anyof its contractors,including
subcontractors,if applicable, to whom CONTRACTOR provides PHI received from or created
or received by CONTRACTOR on behalfof COUNTY,agree to the same restrictions,
safeguards,and conditions that applyto CONTRACTOR with respect to such PHI and to
incorporate, when applicable, the relevant provisions of these provisions into each subcontract
or sub-award to such agents or subcontractors..
L.Employee Training and Discipline
CONTRACTOR shall train and use reasonable measures to ensure
compliance with the requirements of these provisions by employees who assist in the
performance of functions or activities on behalfof COUNTY under thisAgreement and use or
disclose PHI and discipline such employees who intentionally violate any provisions ofthese
provisions,including termination of employment.
M.Termination for Cause
Upon COUNTY'S knowledge ofa material breach ofthese provisions by
CONTRACTOR,COUNTY shall either:
1.Provide an opportunity for CONTRACTOR to cure the breach or end
the violation and terminate this Agreement if CONTRACTOR does not cure the breach or end
the violation within the time specified by COUNTY; or
2.Immediately terminate this Agreement if CONTRACTOR has
breached a material term of these provisions and cure is not possible.
3.If neithercure nor termination isfeasible, the COUNTY'S Privacy
Officershall report the violationto the Secretary of the U.S.Department of Health and Human
Services.
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N.Judicial or Administrative Proceedings
COUNTY may terminate this Agreement in accordance with the terms and
conditions of this Agreement as written hereinabove,if:(1)CONTRACTOR is found guiltyina
criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or
(2) a finding or stipulation that the CONTRACTOR has violated a privacy or security standard or
requirement of the HITECH Act, HIPAA or other security or privacy laws in an administrative or
civil proceeding in which the CONTRACTOR is a party.
O.Effect of Termination
Upon termination or expiration of this Agreement for any reason,
CONTRACTOR shall return or destroy all PHI received from COUNTY (or created or received
by CONTRACTOR on behalf of COUNTY)that CONTRACTOR still maintains in any form, and
shall retain no copies of such PHI. If return or destruction of PHI is not feasible,it shall
continue to extend the protections of these provisions to such information,and limit further use
of such PHI to those purposes that make the return or destruction of such PHI infeasible.This
provision shall apply to PHI that is in the possession of subcontractors or agents,if applicable,
of CONTRACTOR.If CONTRACTOR destroys the PHI data,a certification of date and time of
destruction shall be provided to the COUNTY by CONTRACTOR.
P.Disclaimer
COUNTY makes no warranty or representation that compliance by
CONTRACTOR with these provisions,the HITECH Act, HIPAA or the HIPAA regulations will be
adequate or satisfactory for CONTRACTOR'S own purposes or that any information in
CONTRACTOR'S possession or control,or transmitted or received by CONTRACTOR,is or will
be secure from unauthorized access,viewing,use,disclosure,or breach.CONTRACTOR is
solely responsible for all decisions made by CONTRACTOR regarding the safeguarding of PHI.
Q.Amendment
The parties acknowledge that Federal and State laws relating to electronic
data security and privacy are rapidly evolving and that amendment of these provisions may be
required to provide for procedures to ensure compliance with such developments.The parties
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specifically agree to take such action as is necessary to amend this agreement in order to
implement the standards and requirements of HIPAA,the HIPAA regulations,the HITECH Act
and other applicable laws relating to the security or privacy of PHI. COUNTY may terminate
this Agreement upon thirty (30)days written notice in the event that CONTRACTOR does not
enter into an amendment providing assurances regarding the safeguarding of PHI that
COUNTY in its sole discretion,deems sufficient to satisfy the standards and requirements of
HIPAA,the HIPAA regulations and the HITECH Act.
R.No Third-Party Beneficiaries
Nothing express or implied in the terms and conditions of these provisions
is intended to confer,nor shall anything herein confer,upon any person other than COUNTY or
CONTRACTOR and their respective successors or assignees,any rights,remedies,obligations
or liabilities whatsoever.
S.Interpretation
The terms and conditions in these provisions shall be interpreted as
broadly as necessary to implement and comply with HIPAA,the HIPAA regulations and
applicable State laws.The parties agree that any ambiguity in the terms and conditions of these
provisions shall be resolved in favor of a meaning that complies and is consistent with HIPAA
and the HIPAA regulations.
T.Regulatory References
A reference in the terms and conditions of these provisions to a section in
the HIPAA regulations means the section as in effect or as amended.
U.Survival
The respective rights and obligations of CONTRACTOR as stated in this
Section shall survive the termination or expiration of this Agreement.
V.No Waiver of Obligations
No change,waiver or discharge of any liability or obligation hereunder on
any one or more occasions shall be deemed a waiver of performance of any continuing or other
obligation,or shall prohibit enforcement of any obligation on any other occasion.
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COUNTY and CONTRACTOR agree that this Amendment is sufficient to
amend the Agreement and, that upon execution ofthis Amendment, the Agreement and this
Amendment together shall be considered the Agreement.
The Agreement,as hereby amended,is ratified and continued.All
provisions, terms,covenants,conditions and promises contained in the Agreement and not
amended herein shall remain in full force and effect.
28.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the CONTRACTORS,
the COUNTY and the PUBLIC AUTHORITY with respect to the subject matter hereof and
supersedes all previous Agreement negotiations, proposals, commitments,writings,
advertisements,publications, and understanding of any nature whatsoever unless expressly
included in this Agreement.
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-29-
COUNTY OF FRESNO
Fresno CA
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
2 and year first hereinabove written.
3 ATTEST:
4 CONTRACTORS:
5 SEE ATTACHED SIGNATURE PAGES
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COUNTY OF FRESNO:
B~_[ -------A-
Deborah A. Poochigian,
Board of Supervisors
BERNICE E. SEIDEL, Clerk
Board of Supervisors
FRESNO COUNTY IN HOME SUPPORTIVE
SERVICES -PUBLIC AUTHORITY
By ____________________ _
PLEASE SEE ATTACHED PAGES FOR ADDITIONAL INFORMATION
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-30-
COUNTY OF FRESNO
Fresno CA
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APPROVED AS TO LEGAL FORM:
DANIEL C.CEDERBORG,COUNTY COUNSEL
APPROVED AS TO ACCOUNTING FORM:
VICKI CROW,C.P.A.,AUDITOR -CONTROLLER/
TREASURER -TAX COLLECTOR
By.t-c I.
REVIEWED AND RECOMMENDED
FOR APPROVAL:
io H Neira,Director
Department of Social Services
B\
Dawan Utecht,Director
Department of Behavioral Health
By y^V
Joy Croniiji,Executive Director
In-Home Supportive Services Public Authority
-31-
David Pomaville,Director
Department of Public Health
By.(36*
Alan Weaver,Director
Department of Public Works and
Planning
COUNTY OF FRESNO
Fresno CA
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Fund/Subclass :0001/10000 Account:Account/Proaram 729 5/0
7/1/2015 -6/30/2016 7/1/2016-6/30/2017 7/1/2017-6/30/2018
5610 $165,000 5610 $165,000 5610 $165,000
5611 $6,500 5611 $6,500 5611 $6,500
5620 $60,000 5620 $60,000 5620 $60,000
5630 $182,500 5630 $182,500 5630 $182,500
9140 $1,324 9140 $1,324 9140 $1,324
3430 $4,500 3430 $4,500 3430 $4,500
9015 10,000 9015 10,000 9015 10,000
5512 5,000 5512 5,000 5512 5,000
Total $434,824 Total $434,824 Total $434,824
7/1/2018 -6/30/2019 7/1/2019 -6/30/2020
5610 $165,000 5610 $165,000
5611 $6,500 5611 $6,500
5620 $60,000 5620 $60,000
5630 $182,500 5630 $182,500
9140 $1,324 9140 $1,324
3430 $4,500 3430 $4,500
9015 10,000 9015 10,000
5512 5,000 5512 5,000
Total $434,824 Total $434,824
-32-
COUNTY OF FR
Fres
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CONTRACTOR:
GLORIA ALVAREZ
4881 E Church Ave
Fresno CA 93725
Phone (559)253-0233
12 Cell (559)259-6378
-33-
COUNTY OF FRESNO
Fresno CA
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CONTRACTOR:
GEORGE ALVAREZ
LANGUAGE:SPANISH
4881 E Church Ave
Fresno CA 93725
Phone (559)253-0233
Cell (559)696-2625
-34-
VERBAL TRANSLATION
COUNTY OF FRESNO
Fresno CA
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CONTRACTOR:
SONIA CESAR-MORALES
bv^&A/V^fh QjLw'k -WA:
669 W Pat Drive
ClovisCA 93612
Phone (559)322-5722
Cell (559)349-0686
LANGUAGE:SPANISH VERBAL TRANSLATION
-35-
COUNTY OF FRESNO
Fresno CA
1 CONTRACTOR:
2 ORALIA SANCHEZ
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10 3975 E Dakota #114
Fresno CA 93726
Cell (559)287-826411
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LANGUAGE:SPANISH VERBAL TRANSLATION
-36-
COUNTY OF FRESNO
Fresno CA
1 !CONTRACTOR:
2 i DEBORAH CORDIS-WEAVER
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9 By ^.C gSrA^"UP^LOisvAX
10 I POBox82
«...!Auberry CA 93602
i|Phone (559)494-0445
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LANGUAGE:SPANISH VERBAL AND WRITTEN TRANSLATION
-37-
COUNTY OF FRESNO
Fresno CA
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CONTRACTOR:
GIA LEE
LANGUAGE:HMONG
6895 E Princeton Ave
Fresno,CA 93727
Cell (559)355-0786
VERBAL AND WRITTEN TRANSLATION
-38-
COUNTY OF FRESNO
Fresno CA
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CONTRACTOR:
MAI K.LEE
LANGUAGE:HMONG
1686 N Holly Ave
ClovisCA 93619
Phone (559)298-4517
Cell (559)790-3970
-39-
VERBAL TRANSLATION
COUNTY OF FRESNO
Fresno CA
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CONTRACTOR:
MAY LEE VANG
By y/t^i [$£,
May Lee Vang
5367 E.Tower Ave
Fresno,CA 93725
Cell (559)905-8489
LANGUAGE:HMONG VERBAL TRANSLATION
-40-
COUNTY OF FRESNO
Fresno CA
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**i 4339E Thomas Ave
1 Fresno CA 93702
12 'Phone (559)237-3799
Cell (559)349-4286
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CONTRACTOR:
OUTHAI SOURIYANYONG
-41-
COUNTY OF FRESNO
Fresno CA
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CONTRACTOR:
JESUS MENDEZ JR.
By
5854 E.Willis Ave
Fresno CA 93722
12 j -Phono (500)270 1030-
Cell (559)441-3840
LANGUAGE:SPANISH VERBAL TRANSLATION
-42-
COUNTY OF FRESNO
Fresno CA
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CONTRACTOR:
MARIA LUZ ZAMORA
LANGUAGE:SPANISH
3863 E Madison Si,
Fresno CA 93702 L^-
Phone (559)233-3052
Cell (559)281-8672
-43-
VERBAL TRANSLATION
COUNTY OF FRESNO
Fresno CA
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CONTRACTOR:
ORCHID INTERPRETING,INC.
1608 E Divisadero Street
Fresno CA 93721
12 Phone (559)486-5638
LANGUAGE:VARIOUS VERBAL AND WRITTEN TRANSLATION
-44-
COUNTY OF FRESNO
Fresno CA
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CONTRACTOR:
SOUTHEAST ASIAN CERTIFIED INTERPRETERS
LANGUAGE:VARIOUS
P.O.BOX 1257
ClovisCA 93613
Phone (559)324-8866
Cell (559)593-1087
-45-
VERBAL TRANSLATION
COUNTY OF FRESNO
Fresno CA
NAME
1 Gloria Alvarez
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George Alvarez
Sonia Cesar-Morales
4 Oralia Sanchez
5 Deborah Cordis-Weaver
6 Gia Lee
7 Mai K.Lee
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May Lee Vang
Outhai Souriyanyong
Jesus Mendez
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Maria Luz Zamora
Orchid Interpreting,Inc.
Southeast Asian Certified I
EXHIBIT A
ADDRESS
4881 E Church Ave.
4881 E Church Ave.
669 W Pat Drive
3975 E Dakota Ave.#114
Po Box 82
6895 E Princeton Ave
1686 N Holly Ave.
5356 E Tower Ave
4339 E Thomas Ave
5854 E Willis Ave.
3853 E Madison St.
1602 Divisadero Street
PO Box 1257
ADDRESS
Fresno,Ca 93725
Fresno,Ca 93725
Clovis,Ca 93612
Fresno,Ca 93726
Auberry,Ca 93602
Fresno,Ca 93727
Clovis,Ca 93619
Fresno,Ca 93725
Fresno,Ca 93702
Fresno,Ca 93722
Fresno,Ca 93702
Fresno,Ca 93721
Clovis,CA 93612
LANGUAGE SERVICE
Spanish Verbal Translation
Spanish Verbal Translation
Spanish Verbal Translation
Spanish Verbal Translation
Spanish Verbal &Written Translation
Hmong Verbal &Written Translation
Hmong Verbal Translation
Hmong Verbal Translation
Lao Verbal Translation
Spanish Verbal Translation
Spanish Verbal Translation
Various Verbal &Written Translation
Various Verbal Translation
Exhibit B
Page 1 of2
RESPONSIBILITIES AND SERVICES
PRE-QUALIFICATIONS REQUIREMENTS
CONTRACTOR(S)must meet the following requirements, in the order stated, prior to being
added to the existing Agreement:
r Must file an application with COUNTY'S Department of Behavioral Health (DBH) to
declare the language(s)CONTRACTORS are able to translate (verbally and/or written);
"r-Submit any interpreting/translation certificates with the application;and/or
>Statement from three customers for who you have provided satisfactory
interpreting/translation services in the social,medical and/or criminal justice field more
than one year.
After CONTRACTORS have submitted the requirements listed above to the Human Services
departments'satisfaction,CONTRACTORS may then be eligible to enter into the Agreement for
oral and/or written translation and interpreting services for COUNTY'S Human Services
departments,Department of Public Works and Planning,Probation Department and the Public
Authority.
RESPONSIBILITIES OF CONTRACTORS:
Any changes to CONTRACTORS address and phone numbers(s)shall be given to
COUNTY'S DBH in writing as soon as possible.
CONTRACTORS agree to provide interpreting and/or translation services as needed by
COUNTY'S Human Services departments,Department of Public Works and Planning,
Probation Department and the Public Authority.
Only CONTRACTORS who have demonstrated writing proficiency according to
standards established through COUNTY'S Human Services departments shall provide
written translation services.
CONTRACTORS shall be expected to accept all assignments within the boundaries of
Fresno County regardless of location,where this acceptance shall not jeopardize any pre
existing paid assignments.CONTRACTORS shall not transfer assignments to any
interpreters,including other COUNTY CONTRACTOR'S included in this Agreement.
Only COUNTY'S Human Services departments,Department of Public Works and
Planning,Probation Department and the Public Authority are authorized to assign
translation and/or interpreting assignments to CONTRACTORS.
CONTRACTORS agree to participate in the following:
Exhibit B
Page 2 of2
Scheduled training activities, if any, as required by COUNTY'S Human Services
departments to include three (3)quarterly hours of non-compensated training on
variousservice issues.Participation is mandatory andwillbe setsixtydays in
advance.CONTRACTORS cannot miss more than one trainingper year.
Resolution of anyworkrelated problems on an as needed basisandas requested
by COUNTY'S Human Services departments, Department of Public Works and
Planning, Probation Department and the Public Authority.
Exhibit C
REQUEST FOR WRITTEN TRANSLATION SERVICES
To request written translation ofa Human Services department,Department of Public Works and Planning,
Probation Department and/or Public Authority document,form,or information from English into a consumer
target language,please complete the following:
Name and Description
Of Document
Person Requesting
Department Cost Center
Language Needed Date Needed
Translation Assignment:
Program/Division Supervisor:Number of
Print Name
Pages
Date Assigned
Signature
Translator Assigned:Date Due
'to1
Print Name
Est.Cost
Signature
All translated documents mustbe approved by COUNTY'S Human Services departments Program/Division
Supervisor or Probation Department Division Director as appropriate and received bythedue date above.Any
extensions oftheduedatemustbe pre-approved by COUNTY'S Human Services departments Program/Division
Supervisor or Probation Department Division Director as appropriate and CONTRACTOR.
COUNTY'S Date Due Extend to:
Pre-approval
CONTRACTOR'S
Pre-Approval
COUNTY'S Date Due Extend to:
Pre-approval
CONTRACTOR'S
Pre-approval
Final Translation Document Completion Acceptance and Approval:*
COUNTY'S
Program/Division Supervisor Date Received
Translation Number of Pages Translation Cost
CONTRACTORS'timesheet mustalsobe completed andsignedupon approval andreceiptof translated
documents to assure appropriate compensation for translation services.
For quality assurance,please submit a copyof translated documents inboth English andthetarget language
upon completion to the request Department.
Exhibit D
Page 1 of 3
COMPENSATION GUIDELINES
COMPENSATION FOR ORAL INTERPRETING SERVICES
BUSINESS HOURS:CONTRACTORS shall be paid at the flat rate of Forty and No/100
Dollars ($40.00)per hour prorated to the nearest fifteen (15) minute increment for interpretation
services that occur during normal business hours:Monday through Friday,8:00am to 5:00pm.
AFTER HOURS:CONTRACTORS shall be paid at the flat rate of Fifty and No/100 Dollars
($50.00)per hour for a one hour minimum then prorated to the nearest fifteen (15) minute
increment after the first hour for interpretation services that occur after normal business hours:
Monday through Friday, 5:00pm to 8:00am and weekends, holidays, and other days of closure.
TELEPHONE &VIDEO INTERPRETING:CONTRACTORS providing telephone interpreting
support shall be compensated at the flat rate of Forty and No/100 Dollars ($40.00) per hour
proratedto the nearest fifteen (15)minute incrementsforboth businessand afterhours.
EQUIPMENT-RELATED CHARGES:In addition to the hourly rate for interpreter services set
forth above,CONTRACTORS providing headset systems for interpretation services shall be
paid the flat rate of Twenty and No/100 Dollars ($20.00)per headset per half day (time not to
exceed 3.5 hours), or the flat rate of Thirty and No/100 Dollars ($30.00)per headset per full day
(time greater than 3.5 hours and not to exceed 7 hours).Equipment-related fees may not be
charged in the event of a No Show,Cancellation,and/or Scheduling Error.See below for
CONTRACTOR compensation regarding the aforementioned events.Equipment-related fees
may not be charged for the use of COUNTY-owned equipment."
NO SHOWS:For clients who do not show for their scheduled appointments,CONTRACTORS
shall be paid a flatrateof Twenty and No/100 Dollars ($20.00).CONTRACTORS shall remain
on-site and available for a minimum of thirty (30) minutes. During the waiting period,if
COUNTY needs CONTRACTOR'S services for another client,COUNTY may request services
in lieu of the no show.CONTRACTORS who perform services in lieu of the no show shall
receive pay for the services rendered based on the pay rate for the period of time
CONTRACTOR actually spent waiting or for the actual services performed and will not receive
the no show flat rate described in this section.NO-SHOWS flat rate does not apply to "After
Hours"appointment(s).
CANCELLATIONS:For cancellation of appointments by either the COUNTY or the consumer,
CONTRACTORS shall be paid a flat rate of Twenty and No/100 Dollars ($20.00) only when the
following conditions apply:CONTRACTOR(S)was not provided with a minimum four (4)
hours notice prior to the cancellation.CONTRACTORS maynot cancel an assignmentalready
accepted except for reasonable and justifiable reasons,such as illness or family emergency.
CONTRACTORS shall also provide COUNTY a minimum of four (4) hours notice prior to
cancellation.
SCHEDULING ERROR:Any scheduling error by the COUNTY which results in a
CONTRACTOR(S)showing up for an appointment and CONTRACTOR(S)not used for
Exhibit D
Page 2 of3
interpreting shall be paid a flat rate of Twenty and No/100 ($20.00).All CONTRACTORS shall
be expected to confirm the following day's appointments either by phone or in person no later
than 5:00pm on the day before the actual appointment.
If CONTRACTORS accept another assignment upon notification of a cancellation or scheduling
error that overlaps or takes the place of the prior assignment,CONTRACTORS shall forfeit the
prior cancellation or scheduling error fee.(I.e.CONTRACTOR(S)arrives for assignment at
10:00am and is notified that the client has cancelled but another client needs services at that time
and the CONTRACTOR(S)accepts the alternate assignment,CONTRACTOR(S)will be
compensated for the time spent interpreting and not for the Cancellation.)At no time will
CONTRACTORS be paid more than once for the same period of time.
RESPONSE TIME:Estimated time of arrival in an emergency assignment to a work site from
the time CONTRACTORS receive a call for assistance shall not exceed thirty (30)minutes to an
hour.Exceptions may be made to this time limit in those cases where CONTRACTORS shall be
traveling outside of the immediate city limits.CONTRACTORS shall not be compensated for
travel time.
WORK RELATED ACTIVITES:CONTRACTORS shall be compensated at the flat rate of
Fifteen and No/100 Dollars ($15.00)per hour prorated to the nearest fifteen (15)minute
increments while in attendance of work related activities.These activities may include but are
not limited to,mandatory attendance at COUNTY'S Human Services department(s)sponsored
meetings,training,or ancillary activities only as required and/or authorized by COUNTY'S
Human Services departments.
CONTRACTORS shall not be compensated for attending training on their own nor for attending
COUNTY'S Human Services department(s)sponsored training that is required for qualifying as
interpreters.In addition,CONTRACTORS shall not be compensated for attending routine
meetings required to meet the terms and conditions of this Agreement or are not required and/or
authorized by COUNTY'S Human Services Departments.
COMPENSATION FOR WRITTEN TRANSLATION SERVICES:
APPROVAL FOR WRITTEN TRANSLATION:All written translation assignments shall
require a signed approval by the requesting COUNTY'S Human Services department
Division/Program authorized Supervisor or designee.Public Authority authorized staff or
designee or Probation Department Division Director as appropriate before starting any written
translation services utilizing Exhibit C, and shall include the cost estimate and timeframe for
completion.All assignments must be pre-approved by both CONTRACTOR(S)and the
requesting COUNTY'S Human Services department Division/Program Supervisor or designee or
Probation Department Division Director as appropriate prior to commencement of any written
translations.
The requesting Department shall determine the amount of text required to qualify as a one-half
(1/2)or full page based on the standards stated herein.Written translation should be done with
one (1)inch standard formatting and the font size shall be reasonable for the language and
Exhibit D
Page 3 of 3
project requirements.CONTRACTORS shall be paid for the completed translation assignment
based on the following written translation rates regardless of font size and/or language:
*One-Half (1IT)Page (8 »/2 by 11 size paper,14 lines or less) $20.00
* Single Full Page (8 V2 by 11 size paper, more than 14lines) $40.00
PAYMENT:No payment to CONTRACTOR(S)by COUNTY'S Human Services department(s)
for translated documents shall be made until the requesting COUNTY'S Human Services
department(s) Division/Program Supervisor or designee authorizing the written translation
services reviews and approves the final document.In addition, no payment shall be made for
translation drafts.
Department:
Contractor Name (Please print):
Fresno County Contracted Interpreter Timesheet
Timesheet Month:
Exhibit E
Date Cost
Center
Time
Start
Time
End
Type of Hours Task Interp.
Initial
Department Staff
Name (print)Signature
1 • Business Hours
nAfter Hours
nNo Show
•Cancellation
n Interpreting
•Telephonic
•Video
•Translate # pgs
2 nBusiness Hours
nAfter Hours
nNo Show
•Cancellation
| |Interpreting
•'Telephonic
• Video
•Translate # pgs
3 nBusiness Hours
nAfter Hours
nNo Show
•Cancellation
• Interpreting
•Telephonic
• Video
•Translate # pgs
4 ||Business Hours
nAfter Hours
nNo Show
•Cancellation
| |Interpreting
• Telephonic
•Video
•Translate # pgs
5 nBusiness Hours
nAfter Hours
nNo Show
•Cancellation
•Interpreting
•Telephonic
• Video
• Translate # pgs
6 nBusiness Hours
nAfter Hours
• No Show
•Cancellation
| |Interpreting
• Telephonic
• Video
• Translate # pes
7 |^Business Hours
nAfter Hours
nNo Show
•Cancellation
| |Interpreting
•Telephonic
• Video
•Translate #pgs
8 nBusiness Hours
nAfter Hours
nNo Show
•Cancellation
• Interpreting
• Telephonic
• Video
• Translate# pgs
9 nBusiness Hours
nAfter Hours
nNo Show
nCancellation
• Interpreting
•Telephonic
•Video
•Translate # pgs
Exhibit El
Contracted Interpreter Cover Sheet
Print Name:
Address:
Phone Number:
Month of Service:
Supplemental
Today's Date:
Email:
YES NO
1.Please make sure that you have the correct Cost Center on your timesheets.
2. All Supplemental Timesheet should be on a separate timesheet.
3. Alwaysmake sure that youdouble-checkyourtimesheet for"overlapping" services.
4.Submit your timesheet to the proper departments.
This cover sheet must have an original signature and proper signatures must accompany all time
sheets.Accounting will use the information on this sheet to process payment.
Signature:^^
Date Signed:
++++++++++++++++++++H
Date Received:
Initial:
—I—i—i—I—I—I—I—i—t—I—I—I—I—I—I—I—I—I—I—i—!—1—I—!—I—I
(For office use only)
-++++++++++++++++++
Exhibit E2
Translation Equipment Rental Sheet
Department:
Contractor Name (Please print):Timesheet Month:
Date Number
of Hours
Cost
Center
Number of
Headsets Rented
Interpreter
Initials
Human Services Deot.Staff
Name (print)Signature
1
2
3
4
5
6
7
8
9
10
CONTROL REQUIREMENTS
Exhibit F
Page 1 of 2
COUNTY and its subcontractors shall provide services in accordance with all applicable
Federal and State statutes and regulations.
PROFESSIONAL LICENSURE
All (professional level)persons employed by the COUNTY Mental Health Program
(directly or through contract)providing Short-Doyle/Medi-Cal services have met
applicable professional licensure requirements pursuant to Business and Professions and
Welfare and Institutions Codes.
CONFIDENTIALITY
A. CONTRACTORshall comply with applicable laws and regulations,includingbut
not limited to section 5328 et seq. of the California Welfare and InstitutionsCode
regarding the confidentiality of patient information.
B.CONTRACTOR shall protect,from unauthorized disclosure,names and other
identifying information concerning persons receiving services pursuant to this
contract,except for statistical information.This pertains to any and all persons
receiving services pursuant to a Department of Mental Health funded program.
CONTRACTOR shall not use such identifying information for any purpose other
thancarryingout the CONTRACTOR'S obligations underthis contract.
C. CONTRACTOR shall not disclose, except as otherwise specifically permitted by
this contractor authorized by the client/patient,any such identifying information
to anyone other than the County of State without prior written authorization from
the Countyof Statein accordance with Stateand Federal laws.
D.For purposes of the above paragraphs,identifying information shall include,but
not be limited to, name, identifying number, symbol, or other identifying
particular assigned to the individual;such as finger or voice print,or a
photograph.
NONDISCRIMINATION
A.CONTRACTOR shall not employ any unlawful discriminatory practices in the
admission of patients,assignments of accommodations,treatment,evaluation,
employment of personnel,or in any other respect on the basis of race,color,
gender,religion,marital status,national origin,age,sexual preference,or mental
or physical handicap,in accordance with the requirements of applicable Federal
or State Law.
B.During the performance of this contract,CONTRACTOR shall not unlawfully
discriminate against any employee or applicant for employment because of race,
Exhibit F
Page 2 of2
religion,color national origin,ancestry,mental or physical handicap,medical
condition,marital status, age, or sex.CONTRACTOR shall comply with the
provisions of the Americans with Disabilities Act of 1990,the Fair Employment
and Housing Act (Government Code,section 12900,et seq.), and the applicable
regulations promulgated there under (California Code of Regulations,Title 2,
section 7285 et seq.). CONTRACTOR shall ensure that the evaluation and
treatment of their employees and applicants for employment are free of such
discrimination. The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code,section 12990,set forth in Chapter
5, Division 4 of Title 2 of the California Code of Regulations are incorporated
into the contract by reference and made a part hereof as if set forth in full.
CONTRACTOR shall give written notice of its obligations under this clause to
labor organizations with which they have a collective bargaining or other
agreement.
C. CONTRACTOR shall comply with the provisions of section 504 of the
Rehabilitation Act of 1973, as amended,pertaining to the prohibition of
discrimination against qualified handicapped persons in all federally assisted
programs or activities,as detailed in regulations signed bythe Secretary of Health
and Welfare Agency,effective June 2,1977,and found in the Federal Register,
Volume 42,No.86,dated May 4,1977.
4 PATIENTS'RIGHTS
CONTRACTOR shall comply with applicable laws and regulations,including but not
limitedto,laws,regulations,andState policies relating to patients'rights.
INDEMNIFICATION
Exhibit G
Page 1 of 3
CONTRACTOR agrees to indemnify,defend and save harmless the State of California,
its officers,agents and employees from any and all claims and loses accruing or resulting
to any and all contractors,subcontractors,material men,laborers and any other person,
firm or corporation furnishing or supplying work,services,materials or supplies in
connection with the perfomiance of this Agreement and from any and all claims and
losses accming or resulting to any person,firm or corporation who may be injured or
damaged bythe CONTRACTOR inthe perfomiance ofthe Agreement.
2.INDEPENDENT CONTRACTOR
CONTRACTOR and the agents and employees of CONTRACTOR,in the perfomiance
of this Agreement,shall act in an independent capacity and not as officers or employees
or agents of State of California.
3.CONTROL REQUIREMENTS
This Agreement is subject to all applicable Federal and State of California Laws and
regulations.The provisions of this Agreement are not intended to abrogate any
provisions of law or regulation existing or enacted during the term of the Agreement.
4 NONDISCRIMINATION PROVISION
A.During the perfomiance of this Agreement,CONTRACTOR shall not unlawfully
discriminate against any employee or applicant for employment because of race,
religion,color,national origin,ancestry,physical disability,medical condition,
marital status,age or gender.
B. CONTRACTOR shall ensure that the evaluation and treatment of their employees
and applicants for employment are free of such discrimination.
C.CONTRACTOR agrees to the provisions of section 504 ofthe Rehabilitation Act
of 1973,as amended,pertaining to the prohibition of discrimination against
qualified handicapped persons in all Federally-assisted programs or activities,as
detailed in regulations signed by the Secretary of Health and Welfare Agency,
effective June 2,1977,and found m the Federal Register,volume 42, No. 86,
dated May 4, 1977.
D.CONTRACTOR shall ensurethe treatment of program recipients shall be free of
such discrimination.
Exhibit G
Page 2 of 3
5 CONFIDENTIALITY OF RECORDS
CONTRACTOR shall comply with all State of California and Federal statutes and
regulations regarding confidentiality.
6.REVENUE COLLECTION POLICY
CONTRACTOR shall conform to all policies and procedures regarding revenue
collection issued by the State of California under the provisions of the Health and Safety
Code,Division 10.5.
7.EXPENDITURE OF STATE GENERAL AND FEDERAL FUNDS
CONTRACTOR agrees that all funds paid out by the State of California shall be used
exclusively for providing alcohol and/or drug program services,administrative costs,and
allowable overhead.
8.ACCESS TO SERVICES
CONTRACTOR shall provide accessible and appropriate services in accordance with
Federal and State of California statutes and regulations to all eligible persons.
9 REPORTS
CONTRACTOR agrees to participate in surveys related to the performance of this
Agreement and expenditure of funds and agrees to provide any such infomiation in a
mutually agreed upon format.
10.AUDITS
All State of California and Federal funds furnished to CONTRACTOR pursuant to this
Agreement along with required COUNTY match,related patient and participant fees,
third-party payments,or other related revenues and funds commingled with the foregoing
funds are subject to audit by the State of California.The State of California may audit all
alcohol and drug program revenue and expenditures contained in this Agreement for the
purpose of establishing the basis for the subsequent year's negotiation.
11.RECORDS MAINTENANCE
A.CONTRACTOR shall maintain books,records,documents,and other evidence
necessaryto monitor and audit this Agreement.
B.CONTRACTOR shall maintain adequate program and fiscal records relating to
individuals served under the terms of this Agreement,as required,to meet the
Exhibit G
Page 3 of 3
needs of the State of California in monitoring quality,quantity,fiscal
accountability,and accessibility of services.Information on each individual shall
include,but not be limited to,admission records,patient and participant
interviews and progress notes,and records of service provided by various service
locations,in sufficient detail to make possible an evaluation of services provided
and compliance with his Agreement.
SELF-DEALING TRANSACTION DISCLOSURE FORM
Exhibit H
Page 1 of 2
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"),
must disclose any self-dealing transactions that they are a party to while providing goods,
performing services,or both for the County.Aself-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is aparty and in
which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member's name,job title (if applicable),and date this disclosure is being
made.
(2)Enter the board member's company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County.At a minimum,include a description of the following:
a.The name of the agency/company with which the corporation has the
transaction;and
b.The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
(1)Company Board Member Information:
Name:
Job Title:
(2)Company/Agency Name and Address:
Date:
Exhibit H
Page 2 of 2
(3)Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code 5233(a):_
(5)Authorized Signature
Signature:Date: