HomeMy WebLinkAboutAgreement A-21-298 for Interpretation Translation Services.pdf-1-
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AGREEMENT
THIS AGREEMENT (“Agreement”) is made and entered into this day of August, 2021, by and
between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to
as "COUNTY", the FRESNO COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY, a
corporate public body, hereinafter referred to as the “PUBLIC AUTHORITY”, and each contractor listed in
Exhibit A, attached hereto and by this reference incorporated herein, collectively hereinafter referred to as
“CONTRACTORS”, and such additional Contractors as may, from time to time during the term of this
Agreement, be added by COUNTY.
W I T N E S S E T H:
WHEREAS, COUNTY, through its Department of Social Services (DSS), Department of Behavioral
Health (DBH), and Department of Public Health (DPH), hereinafter referred to as “Human Services
Departments”, and Department of Public Works and Planning, Probation Department, and Public Defender
have a need for, and mandate to provide oral and/or written translation and interpreter services in order to
provide services to non-English-speaking providers; and contract with qualified independent interpreters
and translators to assist in providing interpretation and translation services to Limited English Proficient
(LEP) persons. Pursuant to 42 U.S.C. 2000d et. seq. (Title IV of the Civil Rights Act of 1964) and Executive
Order 13166 ("Improving Access to Services for Persons with Limited English Proficiency"), agencies that
receive federal financial assistance must provide language services for Limited English Proficient (LEP)
persons to allow for meaningful access to services. Failure to provide interpreting and translation services
expose the County to Civil Rights Audit penalties and/or litigation; and
WHEREAS, the PUBLIC AUTHORITY and the COUNTY have entered into an agreement dated
April 23, 2002, whereby the COUNTY agreed to manage agreements on behalf of the PUBLIC
AUTHORITY as may be advisable for the operation of the PUBLIC AUTHORITY and the PUBLIC
AUTHORITY wishes the COUNTY to manage this Agreement with CONTRACTORS on behalf of the
PUBLIC AUTHORITY; and
WHEREAS, CONTRACTORS are able to provide the translation and interpreter services needed
by COUNTY and are willing to provide them subject to the terms and conditions of this Agreement.
Agreement No. 21-298
10th
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NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties hereto agree as follows:
1.OBLIGATIONS OF THE CONTRACTOR
A.CONTRACTORS shall fulfill all services and responsibilities for oral and/or written
interpret and translation services in accordance with Exhibit B, attached hereto and by reference
incorporated herein, as requested by COUNTY’S Human Services departments, Department of Public
Works Planning, Probation Department, Public Defender and/or the PUBLIC AUTHORITY.
B.CONTRACTORS may be added to this Agreement in accordance with Section
Eighteen (18) of the Agreement and shall follow all Pre-Qualification Requirements identified in Exhibit
B. Under special circumstances determined by a COUNTY’s Human Services Department, the
Department of Public Works and Planning, Probation Department, Public Defender and/or the PUBLIC
AUTHORITY, CONTRACTOR shall complete Exhibit B1 to have the certification requirement deferred
until July 1, 2022.
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, Public Defender and/or the PUBLIC AUTHORITY, authorized staff shall
complete the "Request for Written Translation Services", identified as Exhibit C, attached hereto and by
this reference incorporated herein. In addition, Exhibit C 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 for translation 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.CONRACTOR(s) agree that the COUNTY shall administer the Agreement on its
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own behalf as well as on the behalf of the PUBLIC AUTHORITY. Except with regard to the provisions
above, whereby the PUBLIC AUTHORITY shall be responsible for appropriately requesting translation
services it needs, parties agree that all actions taken by COUNTY, pursuant to the terms of this
Agreement, pertaining to the administration of this 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 (Sections 2
and 3 below); and receiving invoices from CONTRACTORS and making payments to CONTRACTORS
(See Sections4 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 right to terminate its participation in this 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
The term of this Agreement shall be for a period of three (3) years, commencing on the 1st day of
July, 2021 through and including 30th day of June 2024. This Agreement may be extended for two (2)
additional consecutive twelve (12) month periods upon written approval of both parties no later than thirty
(30) days prior to the first day of the next twelve (12) month extension period. The Director of the
Department of Behavioral Health or his or her designee is authorized to execute such written approval on
behalf of COUNTY based on CONTRACTOR’S satisfactory performance.
3. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services to
be provided hereunder, 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.
B. Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
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3)A substantially incorrect or incomplete report submitted to the COUNTY;
4)Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY 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 with respect to the breach or default.
The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY 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 upon the giving of thirty (30) days advance written notice of an
intention to terminate to CONTRACTOR.
4.COMPENSATION/INVOICING
COUNTY's Human Services Departments, Department of Public Works and Planning, Probation
Department and the PUBLIC AUTHORITY agrees to pay CONTRACTORS and CONTRACTORS agrees
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 Six Hundred Seventy-Nine Thousand Three Hundred Twenty-Four and No/100 Dollars
($679,324.00) for the period of July 1, 2021 through June 30, 2022. For each subsequent twelve (12)
month period, compensation under this Agreement shall not exceed Six Hundred Seventy-Nine
Thousand Three Hundred Twenty-Four and No 100 Dollars ($679,324.00). The cumulative total of this
Agreement shall not be in excess of Three Million Three Hundred Ninety-Six Thousand Six Hundred
Twenty and No/100 Dollars ($3,396,620.00).
In no event shall compensation paid for services performed under this Agreement be in excess of
Three Million Three Hundred Ninety-Six Thousand Six Hundred Twenty and No/100 Dollars
($3,396,620.00) during the term of this Agreement. It is understood that all expenses incidental to
CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR.
Payments by COUNTY shall be in arrears, for services provided during the preceding month, verification
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and approval of CONTRACTORS' timesheets by each 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. CONTRACTORS will be
paid a minimum of forty-five (45) days from the date of receipt of the invoice by the COUNTY Department
and PUBLIC AUTHORITY.
Each CONTRACTOR shall submit a completed "County of Fresno Contracted Interpreter
Timesheet" and "Contracted Interpreter Cover Sheet", and Translation Equipment Rental Sheet,
and “County of Fresno Interpreter Mileage Log” identified as Exhibit E, E1, E2 and E3 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 be sent to
the PUBLIC AUTHORITY or the COUNTY Department for which the translation services were
provided. The addresses to which invoices shall be sent are:
A. Department of Social Services
P.O. Box 1912
Fresno, CA 93718-1912
or email to dssinvoices@fresnocountyca.gov
Attention: Staff Analyst, Language Access Services
B. Department of Behavioral Health
9125 E Dakota Ave
Fresno CA 93726
Attention: DBH Invoices
Or email to dbh-invoices@fresnocountyca.gov
C. Department of Public Health
PO Box 11867
Fresno CA 93775
Or email to dphinvoice@fresnocountyca.gov
Attention: Yuliya Kochkina, Administrative Support Unit
D. In-Home Supportive Services Public Authority
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P.O. Box 1912
Fresno, CA 93718-1912
or email to dssinvoices@fresnocountyca.gov
Attention: Staff Analyst, Language Access Services
E. Department of Public Works and Planning
2220 Tulare Street, 6th Floor
Fresno CA 93721
Attention: Special Districts Administration
F. Probation Department
3333 E. American Avenue, Suite B
Fresno, CA 93725
Attention: Probation Business Office
G.Public Defender
2135 Fresno Street, Ste 100
Fresno, CA 93721
Attention: Accounts Payable
Or email to pdinvoices@fresnocountyca.gov
5.FUNDING DELAY
In the event 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.
6.PUBLIC AUTHORITY AS SEPARATE ENTITY
CONTRACTORS understand and agree that the PUBLIC AUTHORITY is a COUNTY OF FRESNO
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 COUNTY to any
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contractual or legal obligations. Nor may the obligees of the PUBLIC AUTHORITY seek recourse against
the COUNTY for any financial or legal obligation of the authority.
7.INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by CONTRACTOR under this
Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the
CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venturer, partner, or associate of the COUNTY nor the PUBLIC AUTHORITY.
Furthermore, COUNTY nor the PUBLIC AUTHORITY shall have no right to control or supervise or direct
the manner or method by which CONTRACTOR shall perform its work and function. However, COUNTY
and the PUBLIC AUTHORITY shall retain the right to administer this Agreement so as to verify that
CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.
CONTRACTOR, COUNTY and PUBLIC AUTHORITY shall comply with all applicable provisions
of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the
subject thereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
to employment rights and benefits available to COUNTY or PUBLIC AUTHORITY employees.
CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees all
legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and save
COUNTY and the PUBLIC AUTHORITY harmless from all matters relating to payment of
CONTRACTOR'S employees, including compliance with Social Security withholding and all other
regulations governing such matters. It is acknowledged that during the term of this Agreement,
CONTRACTOR may be providing services to others unrelated to the COUNTY or the PUBLIC
AUTHORITY or to this Agreement.
8.MODIFICATION
Except as provided for in Section Eighteen (18) 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 any way, affecting the
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remainder. Notwithstanding the above, minor changes as determined by COUNTY's DBH or designee may
be made with the 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 Section
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 apply to the CONTRACTORS identified in the written modification, and shall not
alter or affect the existing Agreement between COUNTY and the remaining CONTRACTORS.
9.NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under
this Agreement without the prior written consent of the other party.
10.HOLD HARMLESS
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S and/or PUBLIC
AUTHORITY'S request, defend the COUNTY and PUBLIC AUTHORITY, its officers, agents, and
employees from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities,
claims, and losses occurring or resulting to COUNTY and/or PUBLIC AUTHORITY in connection with the
performance, or failure to perform, by CONTRACTOR, its officers, agents, or employees under this
Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages,
liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured
or damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents, or
employees under this Agreement.
The provisions of this Section 10 shall survive termination of this Agreement.
11.INSURANCE
Without limiting the COUNTY's or PUBLIC AUTHORITY's right to obtain indemnification from
CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and
effect, the following insurance policies or a program of self-insurance, including but not limited to, an
insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
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A.Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
In the event, the CONTRACTOR purchases an Umbrella or Excess insurance policy(ies) to meet
the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage
than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also
apply on a primary and non-contributory basis for the benefit of the COUNTY, its officers, officials,
employees, agents and volunteers.
B.Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
used in connection with this Agreement.
C.Professional Liability
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
providing services, Professional Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. CONTRACTOR
agrees that it shall maintain, at its sole expense, in full force and effect for a period of three (3) years
following the termination of this Agreement, one or more policies of professional liability insurance with
limits of coverage as specified herein.
D.Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor
Code.
E.Cyber Liability
Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as
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is undertaken by CONTRACTOR in this Agreement and shall include, but not be limited to, claims
involving infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of
electronic information, release of private information, alteration of electronic information, extortion and
network security. The policy shall provide coverage for breach response costs as well as regulatory
fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these
obligations.
F.Molestation
Sexual abuse / molestation liability insurance with limits of not less than One Million Dollars
($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. This policy shall be
issued on a per occurrence basis.
Additional Requirements Relating to Insurance
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
the County of Fresno and the Fresno County In-Home Supportive Services Public Authority, its officers,
agents, and employees, individually and collectively, as additional insured, but only insofar as the
operations under this Agreement are concerned. Such coverage for additional insured shall apply as
primary insurance and any other insurance, or self-insurance, maintained by COUNTY and PUBLIC
AUTHORITY, its officers, agents and employees shall be excess only and not contributing with insurance
provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY and the PUBLIC AUTHORITY.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under
this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, Department of Behavioral Health, 9125
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E Dakota Ave, Fresno, CA 93726, Attention: Elizabeth Barreneche, 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, its officers, agents and employees will
not be responsible for any premiums on the policies; that for such worker’s compensation insurance the
CONTRACTOR has waived its right to recover from the COUNTY and Fresno County In-Home
Supportive Services Public Authority, its officers, agents, and employees any amounts paid under the
insurance policy and that waiver does not invalidate the insurance policy; that such Commercial General
Liability insurance names the County of Fresno and Fresno County In-Home Supportive Services
Public Authority, its officers, agents and employees, individually and collectively, as additional insured, but
only insofar as the operations under this Agreement are concerned; that such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
COUNTY and/or the PUBLIC AUTHORITY, its officers, agents and employees, shall be excess only and
not contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance
shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to
COUNTY and the PUBLIC AUTHORITY.
In the event CONTRACTOR fails 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 issued by admitted insurers licensed to do business in the State of California,
and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
FSC VII or better.
12.CONFIDENTIALITY
All services performed for health services departments 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 et seq., 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
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that no list of 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 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
twenty-four (24) hours of any security incident of which CONTRACTORS become aware.
CONTRACTORS shall respond to COUNTY with requested information by requested timeline to
support State reporting requirements. 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,
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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 23.
CONTRACTORS shall provide to COUNTY or to an individual, in a timely manner
designated by COUNTY, information collected in accordance with 45 C.F.R. § 25 164.528, 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 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
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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.
13.AUDITS AND INSPECTIONS:
The CONTRACTOR shall at any time during business hours, and as often as the COUNTY may
deem necessary, make available to the COUNTY for examination all of its records and data with respect to
the matters covered by this Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit
the COUNTY to audit and inspect all of such records and data necessary to ensure CONTRACTOR'S
compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
the examination and audit of the California State Auditor for a period of three (3) years after final payment
under contract (Government Code Section 8546.7).
14.NOTICES: The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
COUNTY CONTRACTOR
COUNTY OF FRESNO
Director of Behavioral Health SEE EXHIBIT A
1925 E. Dakota Avenue
Fresno, CA 93726
All notices between the COUNTY and CONTRACTORS provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
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completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
15.GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall
only be in Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this Agreement
shall be governed in all respects by the laws of the State of California.
16.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit
or non-profit corporation) or if during the term of the 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 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, attached hereto as Exhibit H and incorporated herein by
reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
immediately thereafter.
17.ELECTRONIC SIGNATURE: The parties agree that this Agreement may be executed by
electronic signature as provided in this section. An “electronic signature” means any symbol or process
intended by an individual signing this Agreement to represent their signature, including but not limited to (1)
a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned
and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of
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the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any
administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten
signature of that person. The provisions of this section satisfy the requirements of Civil Code section
1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and
satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
and agrees that each other party may rely upon that representation. This Agreement is not conditioned
upon the parties conducting the transactions under it by electronic means and either party may sign this
Agreement with an original handwritten signature.
18.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
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 Section (3) of this Agreement.
19.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 PUBLIC AUTHORITY
operations, individuals and/or agencies that enter into a contractual relationship with COUNTY and 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 COUNTY and
PUBLIC AUTHORITY, including but not limited to the following:
A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
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COUNTY networks via personally owned mobile, wireless or handheld devices, except when authorized by
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 be brought into
COUNTY and PUBLIC AUTHORITY for use, including and not limited to mobile 20 storage devices, without
prior authorization from COUNTY's Chief Information Officer or their designee. Data must be stored on a
secure server approved by COUNTY and transferred by means of a VPN (Virtual Private Network)
connection, or another type of secure connection of this type if any 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 COUNTY and PUBLIC
AUTHORITY computers or computer peripherals on non-COUNTY premises without prior authorization
from COUNTY's Chief Information Officer or her designee.
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. Confidential client information transmitted to one party by the other by means of
electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 BIT
or higher. Additionally, a password or pass phrase must be utilized.
G. CONTRACTOR is responsible to immediately notify COUNTY and PUBLIC AUTHORITY
of any breaches or potential breaches of security related to COUNTY and PUBLIC AUTHORITY
confidential 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
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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-19-429, whether stored in print or electronic format, must be destroyed or disposed of through
confidential means, as described in Agreement A-19-429. Agreement No. A-19-429 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, if any.
20.NON-DISCRIMINATION
During the performance of this 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.
21.SEPARATE AGREEMENT
It is mutually understood by the 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.
22.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
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COUNTY Department Director and Administrator for the PUBLIC AUTHORITY or their designees and at a
cost to be provided by CONTRACTORS in writing for such items as written/printed materials, the use of
media (i.e., radio, television, newspapers) and any other related expense(s).
23.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.
24.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 Services
departments, Department of Public Works and Planning, Probation Department and PUBLIC AUTHORITY,
including, but not limited to:
A. Providing proof of a negative skin test for tuberculosis (TB) within the past twelve (12)
months. For positive TB skin test within the past twelve (12) months, an initial assessment and yearly
assessment for signs and symptoms of disease will be required; and
B. Providing any other health clearance requirements as may be mandated during the term
of this Agreement by COUNTY due to licensing regulations and/or requirements.
25.AVAILABILITY
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COUNTY's Human Services departments, Department of Public Works and Planning, Probation
Department, and the PUBLIC AUTHORITY, may or may not require the services of CONTRACTORS
during each term of this Agreement. COUNTY's Human Services departments, Department of Public
Works 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, Department of Public Works and Planning, Probation Department
or the PUBLIC AUTHORITY.
26.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 by this 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.
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 COUNTY and its subcontractor. CONTRACTOR(S) shall adhere to all Federal
requirements, including those identified in Exhibit G, attached hereto and by this reference incorporated
herein.
27.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the CONTRACTOR and COUNTY 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. This Agreement shall become effective retroactive to July 1, 2021.
1
2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
3 first hereinabove written.
4
5 CONTRACTORS:
SEE ATTACHED SIGNATURE
6 PAGES
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COUNTY OF FRESNO
Steve J ,k
Chairman of the Board of Supervisors of the
County of Fresno
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
FRESNO COU YIN HOME SUPPORTIVE
SERVICES -R IC AUTHORITY
Steve Brandau
Chairman of the Board of the Fresno County In
Home Supportive Services Public Authority
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FOR ACCOUNTING USE ONLY:
Fund/Subclass: 0001/10000 Account: Account/Program 7295/0
*Fund/Subclass: 0701/15001
**Fund/Subclass: 0801/16900
7/1/2021- 6/30/2022 7/1/2022- 6/30/2023 7/1/2023 - 6/30/2024
5610 $180,000 5610 $180,000 5610 $180,000
5611 $6,500 5611 $6,500 5611 $6,500
5620 $115,000 5620 $115,000 5620 $115,000
5630 $341,000 5630 $341,000 5630 $341,000
**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
*55122205 5,000 *55122205 5,000 *55122205 5,000
2880 $10,000 2880 $10,000 2880 $10,000
43600200 $6,000 43600200 $6,000 43600200 $6,000
Total $679,324 Total $679,324 Total $679,324
7/1/2024- 6/30/2025 7/1/2025 - 6/30/2026
5610 $180,000 5610 $180,000
5611 $6,500 5611 $6,500
5620 $115,000 5620 $115,000
5630 $341,000 5630 $341,000
**9140 $1,324 **9140 $1,324
3430 $4,500 3430 $4,500
*9015 10,000 *9015 10,000
*55122205 5,000 *55122205 5,000
2880 $10,000 2880 $10,000
43600200 $6,000 43600200 $6,000
Total $679,324 Total $679,324
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1 CONTRACTOR:
2
3 ISABEL ESPINOZA
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By ______________________ __
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953 Pinewood Ave.
Sanger, CA 93657
Phone(559)776-9181
18 LANGUAGE: SPANISH
19
20 VERBAL TRANSLATION
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Danel S. Sabore, Managing Director
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CONTRAGTOR:
LIZALANIZ
LAHGUAGE: SPANI$}|
VERBAL TRAHSI.ATION
PO Box 28241
Fresno, CA 93729
Phone (559) 974-4072
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CONTRACTOR:
SONIA MARIA CESAR-MORALES
By _______________________________
430 Pierce Drive
Clovis, CA 93612
Phone (559) 322-5722
LANGUAGE: SPANISH
VERBAL AND WRITTEN TRANSLATION
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CONTRACTOR:
SPEC TRANSLATIONS, INC.
By _______________________________
1005 Straightaway Court
Oceanside, CA 92057
Phone (760) 807-9572
LANGUAGE: HINDI & PUNJABI
WRITTEN TRANSLATION
Salvador Ordorica/ CEO
Fresno County Master Interpreter List
Agreement No. A-21-032
Effective 7/1/21 - 6/30/24
EXHIBIT A
Title First Name Address City-State Zip Code Phone CellPhone Email Languages Verbal / Written
Mr.Angel Vargas 5668 N. Tangerine Way Fresno, CA 93722 (559) 412-0751 angelmariovargas@gmail.com Spanish V/W
Ms.Carmen R. Gabriel P.O. Box 26541 Fresno, CA 93729 (559)906-4572 carmengabriel5@gmail.com Spanish V
Effectiff 1990 N.E. 163rd Street, #233 North Miami Beach, FL 33162
(929) 999-5719
x306 ecavazos@effectiff.com Various V/W
Fox Translation Services 1152 Mae Street, Suite #122 Hummelstown, PA 17036 (301) 363-5080 matthew@foxtranslation.com Various W
Mr.Gia Lee 6895 E Princeton Ave Fresno, CA 93727 (559) 355-0786 gia_lee@att.net Hmong
V/W- Hmong
V- Lao
Ms.Gloria Alvarez 4881 E. Church Ave.Fresno, CA 93725 (559) 259-6378 gloria.alvarez@att.net Spanish V/W
Idea Language Services, LLC 9719 Evangel Drive Springfield, VA 22153 (860) 781-6377 sergio@ideatranslations.com Various W
Ms.Isabel Espinoza 953 Pinewood Ave Sanger, CA 93657 559-776-6115 isabel559@mail.fresnostate.edu Spanish V
Languages Translation Services 34726 31st CT SW Federal Way, WA 98023 (253) 835-0107 info@advancedtranslationservices.com Various V
Language World Services 7220 Fair Oaks Blvd #D Carmichael, CA 95608 (916) 333-5247 amendoza@languageworld.com Various W
Ms.Liz Alaniz PO Box 28241 Fresno, CA 93729 (559) 974-4072 sis.services2000@gmail.com Spanish V
Mr.JMJ Systems, LLC 5854 W. Willis Ave Fresno, CA 93722 (559) 441-3840 jmjrdrums@yahoo.com Spanish V
Ms.Maria Luz Zamora 3853 E. Madison Ave Fresno, CA 93702 (559) 281-8672 interpeke@yahoo.com Spanish V/W
Ms. Maribel Garcia-Tavarez 907 I. St Sanger, CA 93657 (562) 447-7260 tavarez2012.mg@gmail.com Spanish V
Ms.Oralia Sanchez 3975 E. Dakota, #114 Fresno, CA 93726 (559) 287-8264 redorchid71@hotmail.com Spanish V/W
Orchid Interpreting Inc.1602 E. Divisadero Street Fresno, CA 93721 (559) 486-5600 (559) 250-3293
rithy@orchidinterpreting.com
lina@orchidinterpreting.com Various V/W
Powerling, Inc 2 Ave de Lafayette, 4th Floor Boston, MA 2111 (301) 905-2583 s.chochois@powerling.com Various W
Ms.Ramneek Bhullar 1975 N. Jasmine Ave Clovis, CA 93619 (559) 260-8794 (559) 260-8794 ramneek.bhullar@yahoo.com Various V/W
Ms.Sonia Maria Cesar-Morales 430 Pierce Drive Clovis, CA 93612 (559) 322-5722 (559) 349-0686 sismorales@sbcglobal.net Spanish V/W
Southeast Asian Certified Int.PO Box 1257 Clovis, CA 93613 (559) 324-8866 (559) 593-1087 seacinterpreters@gmail.com Various V
Spec Translations, Inc. 1005 Straightaway Court Oceanside, CA 92057 (760) 807-9572 mkghai35@spectranslations.com Various W
The Spanish Group 1 Park Plaza, Suite 600 Irvine, CA 92614
(800) 460-1536
Ext. 70 salvador@thespanishgroup.org Various W
Ultimate Linguistics 4020 S. Demaree Street, Suite A Visalia, CA 93291 (559) 901-6532 ultimate_linguistics@yahoo.com Spanish V
Exhibit B
SCOPE OF WORK
A.Contractors are to:
1.Speak, read, write and comprehend in one or more of the following language(s) fluently;
including but not limited to Spanish, Hmong, Punjabi, Lao, Cambodian, Armenian, Chinese
(Cantonese and Mandarin), Russian, Tagalog, Vietnamese, and for non-prevalent languages
such as Mixteco and Oto-Manguean languages.
2. Interact with a wide range of multi-cultural and Non-English-speaking clients;
3.Communicate effectively with clients, their families and County staff.
4.Function as liaison between clients and County staff.
5.Establish and maintain cooperative working relationships with all levels of professional
(clinical, if applicable), administrative and support staff.
6.Provide verbal interpretation and/or written translation services requested by County staff to
serve Limited English Proficiency (LEP) clients.
7.Provide verbal translation of English documents or other languages while simultaneously
interpreting during face-to-face interviews, hearings, visitation, and other related events.
8.Provide services during normal business days and hours, typically Monday through Friday
from 8:00 am PST to 5:00 pm PST, and if needed, during non-business days and hours.
9.Provide the County with a minimum 24-hour notice to cancel an assignment.
10.Must keep an assignment already accepted except for reasonable and justifiable reasons,
such as illness or family emergency.
11.Attend a County Behavioral Health Interpreter Training at the required frequency, not to
exceed more than every five (5) years, with the initial training occurring within six (6) months
from contract execution.
12.Participate in a mandatory interpreter skills assessment when requested by County.
13.Attend any County-requested meetings to discuss work-related issues or concerns.
B. Required Qualifications
1.The following must be submitted, in the order stated, to apply as a contracted
interpreter:
i.Certificate from the National Association of Judiciary Interpreters to provide
interpreter and/or written translation services for County in a court-associated or justice-related
services, if available for declared language(s);
ii.Certificate from the National Board of Certification for Medical Interpreters or
Commission for Healthcare Interpreters to provide interpreter and/or written translation services
for County related to medical and/or clinical services, or any related public event supporting the
County, if available for declared language(s).
Exhibit B
iii. If applying to interpret languages with no available certificates, bidders are
encouraged to submit other relevant documentation to support their proficiency in said
language.
2. Abide by all HIPAA and all other confidentiality requirements as Business Associate
Agreement.
3. Abide by County’s minimum insurance and indemnification requirements.
Exhibit B 1
Contingency Statement
The County of Fresno will defer the requirement of certification listed in Request for Statement
of Qualifications Number: 21-032 for current contracted interpreters under agreement 15-248
until June 30, 2022. The stated contractor below will be admitted to the new County of Fresno
Master Interpretation and Translation agreement effective July 1,2021, for a period of one year.
Continued admission beyond July 1, 2022 is contingent upon the contractor’s submission of one
of the following verifications on or before June 30,2022:
i.Certificate from the National Association of Judiciary Interpreters to provide interpreter
and/or written translation services for County in a court-associated or justice-related
services, if available for declared language(s);
ii.Certificate from the National Board of Certification for Medical Interpreters or Commission
for Healthcare Interpreters to provide interpreter and/or written translation services for
County related to medical and/or clinical services, or any related public event supporting
the County, if available for declared language(s).
iii.Certificate from American Translators Association (ATA) or international translation
association or program.
If interpreting for languages with no available certificates, other relevant documentation to
support proficiency in said language should be submitted, if possible.
I hereby agree to the above contingency statement.
______________________________________ ______________________
Contractor Signature Date
Exhibit C
REQUEST FOR WRITTEN TRANSLATION SERVICES
To request written translation of a Human Services department, Department of Public Works
and Planning, Probation Department, Public Defender 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
Language Needed
Cost Center
Date Needed
Translation Assignment:
Program/Division
Supervisor:
Translator Assigned:
Number of
Pages
Print Name
Date Assigned
Signature
All translated documents must be approved by a COUNTY's Human Services department
Program/Division Supervisor, Probation or Public Defender Department Division
Director/Supervisor as appropriate and received by the due date above. Any extensions of the due
date must be pre-approved by a COUNTY's Human Services department Program/Division
Supervisor, Probation or Public Defender Department Division Director/Supervisor as appropriate
and CONTRACTOR.
COUNTY's
Pre-approval
CONTRACTOR's
Pre-Approval
COUNTY's
Pre-approval
CONTRACTOR's
Pre-approval
Date Due Extend to:
Date Due Extend to:
Final Translation Document Completion Acceptance and Approval: *
COUNTY's
Program/Division Supervisor
Translation Number of Pages
Date Received
Translation Cost
CONTRACTORS' timesheet must also be completed and signed upon approval and receipt of
translated documents to assure appropriate compensation for translation services.
For quality assurance, please submit a copy of translated documents in both English and the
target language upon completion to the request Department.
Date Due
Print Name Est. Cost
Signature
Exhibit D
Page 1 of 3
COMPENSATION GUIDELINES
COMPENSATION FOR ORAL INTERPRETING SERVICES
BUSINESS HOURS: CONTRACTORS shall be paid at the following hourly rate 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.
Business hours rates:
One-Way Distance
Traveled to Service
Site
Time Services
Delivered
Common
Languages* Rare Languages*
0-20 miles
Business Hours
8am-5pm $40/hr $45/hr
After Hours $50/hr $55/hr
21-40 miles
Business Hours
8am-5pm $45/hr $50/hr
After Hours $55/hr $60/hr
40+ miles
Business Hours
8am-5pm $50/hr $55/hr
After Hours $60/hr $65/hr
AFTER HOURS: CONTRACTORS shall be paid at the normal business hours rates plus an
additional Ten and No/100 Dollars ($10.00) 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 business hours rates prorated to the nearest fifteen (15)
minute increments for both business and after hours.
EQUIPMENT-RELATED CHARGES (for Orchid Interpreting, Inc only): 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 event(s). 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 half of the above business hours rate. 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 rate described in this section. NO-SHOWS 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 half of the above business hours rate only when the following
conditions apply: CONTRACTOR(S) was not provided with a minimum four (4) hours’ notice
prior to the cancellation. CONTRACTORS may not cancel an assignment already 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
interpreting shall be paid half of the above business hours rate. 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. (le. 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 or authorized staff or designee,
Probation Department or Public Defender Division Director/Supervisor 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 authorized Supervisor or designee, Public Authority or authorized staff or designee,
Probation Department or Public Defender Division Director/Supervisor 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 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:
Length of Document Compensation Amount
One-Half (1/2) Page
(8 ½ by 11 size paper, 14 lines or less) $20.00
Single Full Page
(8 ½ by 11 size paper, more than 14 lines) $40.00
PAYMENT: No payment to CONTRACTOR(S) by a COUNTY's Human Services department
Program/Division Supervisor, Public Authority or authorized staff or designee, Probation or
Public Defender Department Division Director/program Supervisor or authorized designee,
for written translated documents shall be made until the authorized designee reviews and
approved the final document. In addition, no payment shall be made for translation drafts.
MILEAGE:
Mileage expenses related to providing interpreter services are billable at the current Federal rate.
Exhibit E
Fresno County Contracted Interpreter Timesheet
Department:
Contractor Name (Please print): Timesheet Month:
Date Cost
Center
Time
Start
Time
End
Type of Hours Task Interp.
Initial
Department Staff
Name (print) Signature
1 Business Hours
After Hours
No Show
Cancellation
Interpreting
Telephonic
Video
Translate #_ pages
2 Business Hours
After Hours
No Show
Cancellation
Interpreting
Telephonic
Video
Translate #_ pages
3 Business Hours
After Hours
No Show
Cancellation
Interpreting
Telephonic
Video
Translate #_ pages
4 Business Hours
After Hours
No Show
Cancellation
Interpreting
Telephonic
Video
Translate #_ pages
5 Business Hours
After Hours
No Show
Cancellation
Interpreting
Telephonic
Video
Translate #_ pages
6 Business Hours
After Hours
No Show
Cancellation
Interpreting
Telephonic
Video
Translate #_ pages
7 Business Hours
After Hours
No Show
Cancellation
Interpreting
Telephonic
Video
Translate #_ pages
8 Business Hours
After Hours
No Show
Cancellation
Interpreting
Telephonic
Video
Translate #_ pages
9 Business Hours
After Hours
No Show
Cancellation
Interpreting
Telephonic
Video
Translate #_ pages
Exhibit E 1
Contracted Interpreter Cover Sheet
Print Name:
Address:
Phone Number:
Month of Service:
Supplemental YES NO _
Today's Date:
Email:
1.Please make sure that you have the correct Cost Center on your timesheets.
2.All Supplemental Timesheets should be on a separate timesheet.
3.Always make sure that you double-check your timesheet 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:
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
(For office use only)
Date Received:
Initials:
Exhibit E2
Verbal 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 Dept. Staff
Name (print) Signature
1
2
3
4
5
6
7
8
9
10
Exhibit E 3
CONTRACTOR: $0.5600
MONTH
START END NAME (PRINT)SIGNATURE
County of Fresno Contracted Interpreter Mileage Log
DEPARTMENT STAFF
REIMBURSEMENT RATE
TOTAL MILES
TOTAL REIMBURSEMENT
DATE OF TRAVEL COST CENTER TOTAL
MILES
ODOMETER READINGS
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.
1. PROFESSIONAL LICENSURE
All (professional level) persons employed by the COUNTY Mental Health Plan
(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.
2. CONFIDENTIALITY
A. CONTRACTOR shall comply with applicable laws and regulations, including
but not limited to section 5328 et seq. of the California Welfare and
Institutions Code 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 inforn1ation. 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 than carrying out the CONTRACTOR's obligations under this
contract.
C. CONTRACTOR shall not disclose, except as otherwise specifically permitted
by this contract or authorized by the client/patient, any such identifying
information to anyone other than the County of State without prior written
authorization from the County of State in accordance with State and 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.
3. 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 perforn1ance 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 fo1ih 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 by the 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
limited to, laws, regulations, and State policies relating to patients' rights.
Exhibit G
Page 1 of 2
1. INDEMNIFICATION
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 performance of this
Agreement and from any and all claims and losses accruing or resulting to any
person, firm for corporation who may be injured or damaged by the
CONTRACTOR in the performance of the Agreement.
2. INDEPENDENT CONTRACTOR
CONTRACTOR and the agents and employees of CONTRACTOR, in the
performance 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 performance 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 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 by the
Secretary of Health and Welfare Agency, effective June 2, 1977, and
found in the Federal Register, volume 42, No. 86, dated May 4, 1977.
D. CONTRACTOR shall ensure the treatment of program recipients shall be
free of such discrimination.
Exhibit G
Page 2 of 2
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 information 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 necessary to 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 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.
Exhibit H
Page 1 or 2
SELF-DEALING TRANSACTION
DISCLOSURE FORM
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. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party 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).
Exhibit H
Page 2 of 2
(1) Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(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: