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HomeMy WebLinkAboutAgreement A-21-540 with Fresno EOC Housing for the Harvest.pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E M E N T THIS AGREEMENT (“Agreement”) is made and entered into this day of _____, 2021, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as "COUNTY", and Fresno Economic Opportunities Commission, a California non-profit corporation whose address is 1920 Mariposa Mall Suite 330, Fresno, California, 9321, hereinafter referred to as "CONTRACTOR". W I T N E S S E T H: WHEREAS, COUNTY, through its Department of Social Services and Department of Public Health (“FCDPH”), is in need of community health outreach and support services related to the COVID-19 pandemic and to increase COVID-19 testing capacity to address the needs of COUNTY’s vulnerable populations including agricultural workers and farmworkers who test positive for or are exposed to COVID- 19; and WHEREAS, COUNTY, is in need of widespread community messaging through trusted community leaders to enable and improve voluntary compliance to contain the spread of COVID-19 especially among high-risk residents who face challenges to testing, isolation, sheltering in place and other containment and mitigation measures; and WHEREAS, CONTRACTOR, has submitted a comprehensive, equity-focused proposal to COUNTY to improve the COUNTY’s ability to effectively respond to the pandemic, remove challenges, and better cope with the barriers and address the specific needs of this population group; and WHEREAS, CONTRACTOR, has been performing such services in response to the implementation of the Housing for Harvest Program since August 2020 through Purchase Order No. M02-0000020917 (hereinafter “the PO”), which the parties verbally agreed expired on April 16, 2021 and, based on the performance of CONTRACTOR under the PO, FCDPH supports this proposed Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree as follows: 1.OBLIGATIONS OF THE CONTRACTOR Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Agreement No. 21-540 14th Dec. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. For the period of April 17, 2021 through June 30, 2022, CONTRACTOR shall perform all services and fulfill all responsibilities identified in Exhibit A “Scope of Work”, attached hereto and incorporated herein by this reference. During the period of January 1, 2022 through March 31, 2022, upon written request of the Department of Public Health’s Director, CONTRACTOR shall also perform all services and fulfill all responsibilities identified in Exhibit B “Scope of Work”, attached hereto and incorporated herein by this reference. B. CONTRACTOR shall abide by local and state pandemic guidelines in place at any given time during the pandemic response and shall make every reasonable effort to follow safe and appropriate public health protection measures to minimize risk of exposure. C. CONTRACTOR shall collaborate on media communications and public messages to ensure cohesive, unified messaging. CONTRACTOR shall notify COUNTY within one (1) business day upon receiving media requests for interviews or information. D. CONTRACTOR shall require its subcontractors pursuant to this Agreement to indemnify the COUNTY as set forth in the first paragraph of section ten (10); to carry insurance, naming the County of Fresno as additional insured, as set forth in section eleven (11) of this Agreement; to comply with the invoicing and documentation provisions, as set forth in section six (6) of this Agreement; to pay back to COUNTY advance payments deemed in excess of actual costs, as determined by the COUNTY; to comply with Audits and Inspections provisions, as set forth in section fourteen (14) of this Agreement; to comply with the Single Audit Clause provisions, as set forth in section fifteen (15) of this Agreement; to comply with the Health Insurance Portability and Accountability Act provisions, as set forth in section sixteen (16) of this Agreement; to comply with the Non-Discrimination provisions, as set forth in section seventeen (18) of this Agreement; and to comply with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions provisions, the Property of County provisions, the Prohibition on Publicity, the Conflict of Interest provisions, and Lobbying Activity provisions, as set forth in sections twenty (20), twenty-one (21), twenty-two (22), twenty-three (23), and twenty-five (25) of this Agreement. 2. OBLIGATIONS OF THE COUNTY A. COUNTY shall provide guidance and assistance in the determination and Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 implementation of safe and appropriate public health practices during the pandemic, such as physical distancing, hand hygiene, facial coverings, disinfection and other prevention and control measures. B. COUNTY shall collaborate on media communications and public messages to ensure cohesive, unified messaging. C. COUNTY shall review and approve all media, education materials, surveys and assessment tools developed for use among the public. All data collected or developed during the performance of this Agreement shall be owned by COUNTY, however CONTRACTOR may retain copies of all data. COUNTY shall review and approve publications of data prior to public release to ensure data integrity and confidentiality. 3. TERM The term of this Agreement shall commence April 17, 2021 and shall continue in full force and effect through June 30, 2022. 4. 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. Funding for these services is provided by one or more of the following funding sources: The Immunization Cooperative Agreement (CFDA 93.268), Epidemiology and Lab Capacity for Infectious Diseases (ELC) Enhancing Detection through Coronavirus Response and Relief (CRR) Supplemental Funds (CFDA 93.323), Housing for the Harvest Expansion funding, and/or other funding made available through legislation. Additional federal, state or local funding may be made available. 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; 3) A substantially incorrect or incomplete report submitted to the COUNTY; 4) Improperly performed service. Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 5. COMPENSATION: A. For Services provided pursuant to Exhibit A, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation at the rates set forth in Exhibit A, but in no event shall actual Services performed pursuant to Exhibit A t by CONTRACTOR be in excess of One Million Seven Hundred Eleven Thousand Five Hundred Seven and No/100 Dollars ($1,711,507) during the term of this Agreement. For Services provided during the period of January 1, 2022 through March 31, 2022, pursuant to Exhibit B, if requested by the Department of Public Health Director, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation at the rates set forth in Exhibit C, attached hereto and incorporated herein by this reference, but in no event shall actual services performed pursuant to Exhibit B by CONTRACTOR be in excess of One Million Eight Hundred Thirty-Two Thousand Four Hundred Eight and No/100 Dollars ($1,832,408). It is understood that all expenses incidental to CONTRACTOR’s performance of services under this Agreement shall be borne by CONTRACTOR and/or its subcontractors. B. CONTRACTOR shall submit monthly reports by the twentieth (20 th) working day following the prior month’s services using report template attached hereto as Exhibit “D”. C. CONTRACTOR shall utilize the Central Valley Health Policy Institute REDCap database system to track all clients for isolation and quarantine support to ensure there is not a duplicate disbursement for the same individuals. CONTRACTOR may replicate CVHPI REDCap system Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with no disruption to services and reporting. CONTRACTOR shall submit monthly quantitative reports with key metrics (e.g., number of people receiving education and outreach, number of vaccine/testing events supported, number of vaccine/testing events hosted) using the REDCap database or a system agreed to by the COUNTY no later than receipt of the monthly invoice. COUNTY shall withhold ten percent (10%) of the CONTRACTOR’s invoiced amount when monthly metric reports are not completed. CONTRACTOR’s monthly invoices shall demonstrate a ten percent (10%) withholding from subcontractors when monthly metric reports are not completed by the subcontractors or CONTRACTOR. COUNTY will assess each invoice and determine if the ten percent (10%) withholding will be applied to subcontractor level costs and/or to CONTRACTOR’s total invoiced amount. Upon completion of the monthly report, COUNTY shall pay CONTRACTOR the withheld amount. 6. INVOICING: CONTRACTOR shall submit monthly invoices by the thirtieth (30 th) working day of each month for the prior month’s services using a template to be provided by COUNTY with full appropriate supporting documentation (e.g., activity logs, receipts, invoices) to the County of Fresno, Department of Public Health, COVID Response, P.O. Box 11867, Fresno, CA 93775, Attention: Business Office or dphboap@fresnocountyca.gov. 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. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. 8. MODIFICATION: 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 remainder. Notwithstanding the above, changes to object level in the budget, attached hereto as Exhibit B, that do not exceed ten percent (10%) of the maximum compensation payable to CONTRACTOR may be made with written approval of COUNTY’s Department of Public Health Director or designee. Said budget object level changes shall not result in any change to the maximum compensation amount payable to CONTRACTOR, as stated herein. 9. NON-ASSIGNMENT: CONTRACTOR shall not assign, transfer or sub-contract this Agreement nor its rights or duties under this Agreement without the prior written consent of the COUNTY or the Director of COUNTY’s Department of Public Health. Any transferee, assignee or subcontractor shall be subject to all applicable provisions of this Agreement, and all applicable State and Federal laws and regulations. CONTRACTOR shall be held primarily responsible by COUNTY for the performance of any transferee, assignee, or subcontractor unless otherwise expressly agreed to in writing by COUNTY. The use of subcontractors by CONTRACTOR shall not entitle CONTRACTOR to any additional compensation than is provided for under this Agreement. 10. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees or any subcontractors from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY 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 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. COUNTY may require specific 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. 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 a 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. 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 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be issued on a per occurrence basis. F. 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 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. Additional Requirements Relating to Insurance CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR’S policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents and employees or subcontractors 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 sign and execute this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O. Box 11867, Fresno, CA 93775, Attention: Contracts Section – 6 th Floor, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR’S policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and the CONTRACTOR shall ensure that the COUNTY is an additional insured on insurance required from subcontractors. In the event CONTRACTOR fail to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. 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. STATE ENERGY CONSERVATION: CONTRACTOR must comply with the mandatory standard and policies relating to energy efficiency, which are contained in the State Energy Conservation Plan issued in compliance with 42 United States (US) Code sections 6321, et. seq. 13. CLEAN AIR AND WATER: In the event the funding under this Agreement exceeds One Hundred Thousand and No/100 Dollars ($100,000), CONTRACTOR shall comply with all applicable standards, orders or requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water Act contained in U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated thereunder. Under these laws and regulations, CONTRACTOR shall assure: A. No facility shall be utilized in the performance of the Agreement that has been listed on the Environmental Protection Agency (EPA) list of Violating on the Facilities; B. COUNTY shall be notified prior to execution of this Agreement of the receipt of any communication from the Director, Office of Federal Activities, Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U.S. EPA indicating that a facility to be utilized in the performance of this Agreement is under consideration to be listed on the EPA list of Violating Facilities; C. COUNTY and U.S. EPA shall be notified about any known violation of the above laws and regulations; and, D. This assurance shall be included in every nonexempt subgrant, contract, or subcontract. 14. AUDITS AND INSPECTIONS: A. 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. B. If this 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). 15. SINGLE AUDIT CLAUSE: A. If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000) or more Federal and Federal flow-through monies, CONTRACTOR agrees to conduct an annual audit in accordance with the requirements of the Single Audit Standards as set forth in Office of Management and Budget (OMB) Title 2 of the Code of Federal Regulations, Chapter II, Part 200. CONTRACTOR shall submit said audit and management letter to COUNTY. The audit must include a statement of findings or a statement that there were no findings. If there were negative findings, CONTRACTOR must include a corrective action plan signed by an authorized individual. CONTRACTOR agrees to take action to correct any material non-compliance or weakness found as a result of such audit. Such audit shall be delivered to COUNTY’S DPH Administration for review within nine (9) months of the end of any fiscal year in which funds were expended and/or received for the program. Failure to perform the requisite audit functions as required by this Agreement may result in COUNTY performing the necessary Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 audit tasks, or at the COUNTY’S option, contracting with a public accountant to perform said audit, or, may result in the inability of COUNTY to enter into future agreements with the CONTRACTOR. B. A single audit report is not applicable if all CONTRACTOR’S Federal contracts do not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or CONTRACTOR’S federal funding is through Drug Medi-Cal. 16. 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 Title 42, Code of Federal Regulations (CFR), Section 56 et seq. of the California Civil Code and the Health Insurance Portability and Accountability Act (HIPAA), including but not limited to Section 1320 D et seq. of Title 42, United States Code (USC) and its implementing regulations, including, but not limited to Title 45, CFR, Sections 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 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), USC 1320d et seq. The uses and disclosures of PHI may not be more expansive than those applicable to COUNTY, as the “Covered Entity” under the HIPAA Privacy Rule (45 CFR 164.500 et seq.), except as 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 of names and other identifying information, including genetic information, concerning persons receiving services pursuant to this Agreement, except where permitted in order to carry out data aggregation purposes for health care operations [45 CFR Sections 164.504 (e)(2)(i), 164.504 (3)(2)(ii)(A), and 164.504 (e)(4)(i)] This pertains to any and all persons receiving services pursuant to a COUNTY funded program. This requirement applies to electronic PHI. CONTRACTOR Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall not use such identifying information or genetic information for any purpose other than carrying out CONTRACTOR’S obligations under this Agreement. C. CONTRACTOR, including its subcontractors and employees, shall not disclose any such identifying information or genetic information to any person or entity, except as otherwise specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164 or other law, required by the Secretary, or authorized by the client/patient in writing. In using or disclosing PHI that is permitted by this Agreement or authorized by law, CONTRACTOR shall make reasonable efforts to limit PHI to the minimum necessary to accomplish intended purpose of use, disclosure or request. 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 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Privacy Officer and COUNTY’s DPH HIPAA Representative, within two (2) business days of discovery. The notification shall include, to the extent possible, the identification of each individual whose unsecured PHI has been, or is reasonably believed to have been, accessed, acquired, used, disclosed, or breached. CONTRACTOR shall take prompt corrective action to cure any deficiencies and any action pertaining to such unauthorized disclosure required by applicable Federal and State Laws and regulations. CONTRACTOR shall investigate such breach and is responsible for all notifications required by law and regulation or deemed necessary by COUNTY and shall provide a written report of the investigation and reporting required to COUNTY’s Information Security Officer and Privacy Officer and COUNTY’s DPH HIPAA Representative. This written investigation and description of any reporting necessary shall be postmarked within the thirty (30) working days of the discovery of the breach to the addresses below: County of Fresno County of Fresno County of 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 333 W. Pontiac Way Fresno, CA 93775 Fresno, CA 93775 Clovis, CA 93612 H. CONTRACTOR shall make their internal practices, books, and records relating to the 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 relating to the use and disclosure of PHI received from COUNTY, or created or received by the CONTRACTOR on behalf of COUNTY, available to the United States Department of Health and Human Services (Secretary) upon demand. CONTRACTOR shall cooperate with the compliance and investigation reviews Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conducted by the Secretary. PHI access to the Secretary must be provided during the CONTRACTOR’S normal business hours, however, upon exigent circumstances access at any time must be granted. Upon the Secretary’s compliance or investigation review, if PHI is unavailable to CONTRACTOR and in possession of a Subcontractor, it must certify efforts 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 availability of 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; b. Changed every ninety (90) days; Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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). CONTRACTOR shall 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 PHI when employment of employee ends. J. Mitigation of Harmful Effects CONTRACTOR shall mitigate, to the extent practicable, any harmful effect 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 of these provisions. Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONTRACTOR must document suspected or known harmful effects and the outcome. K. CONTRACTOR’S Subcontractors CONTRACTOR shall ensure that any of their contractors, including subcontractors, if applicable, to whom CONTRACTOR provide PHI received from or created or received by CONTRACTOR on behalf of COUNTY, agree to the same restrictions, safeguards, and conditions that apply to 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 behalf of COUNTY under this Agreement and use or disclose PHI and discipline such employees who intentionally violate any provisions of these provisions, including termination of employment. M. Termination for Cause Upon COUNTY’s knowledge of a material breach of these provisions by a CONTRACTOR, COUNTY shall either: 1. Provide an opportunity for the 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 a CONTRACTOR has breached a material term of these provisions and cure is not possible. 3. If neither cure nor termination is feasible, the COUNTY’s Privacy Officer shall report the violation to the Secretary of the U.S. Department of Health and Human Services. 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) a CONTRACTOR is found guilty in a criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or (2) a Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 finding or stipulation that a 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 destroy 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 are 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 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 do not enter into an amendment providing assurances regarding the safeguarding of PHI that COUNTY in its sole discretion, deems sufficient to satisfy the Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 HlPAA 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. W. Public Health Exception Extended 1. The HIPAA Privacy Rule creates a special rule for a subset of public health activities whereby HIPAA cannot preempt state law if, “[t]he provision of state law, including state procedures established under such law, as applicable, provides for the reporting of disease or injury, child abuse, birth, or death, or for the conduct of public health surveillance, investigation, or intervention.” (45 C.F.R. § 160.203(c) [HITECH Act, § 13421, sub. (a)].) ; 2. To the extent a disclosure or use of information received under this Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agreement may also be considered a disclosure or use of “Protected Health Information” (PHI) of an individual, as that term is defined in Section 160.103 of Title 45, Code of Federal Regulations, the following Privacy Rule provisions apply to permit such data disclosure and/or use by COUNTY and CONTRACTOR, without the consent or authorization of the individual who is the subject of the PHI: a) HIPAA cannot preempt state law if, “[t]he provision of state law, including state procedures established under such law, as applicable, provides for the reporting of disease or injury, child abuse, birth, or death, or for the conduct of public health surveillance, investigation, or intervention.” (45 C.F.R. § 160.203(c) [HITECH Act, § 13421, sub. (a)].)]; b) A covered entity may disclose PHI to a “public health authority” carrying out public health activities authorized by law; (45 C.F.R. § 164.512(b).); c) A covered entity may use or disclose protected health information to the extent that such use or disclosure is required by law and the use or disclosure complies with and is limited to the relevant requirements of such law.” (Title 45 C.F.R. §§ 164.502 (a)(1)(vii), 164.512(a)) (1).) 17. DATA SECURITY: For the purpose of preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a contractual relationship with the COUNTY for the purpose of providing services under this Agreement must employ adequate data security measures to protect the confidential information provided to CONTRACTOR by the COUNTY, including but not limited to the following: A. CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices CONTRACTOR may not connect to COUNTY networks via personally-owned mobile, wireless or handheld devices, unless the following conditions are met: 1) CONTRACTOR has received authorization by COUNTY for telecommuting purposes; 2) Current virus protection software is in place; 3) Mobile device has the remote wipe feature enabled; and 4) A secure connection is used. B. CONTRACTOR-Owned Computers or Computer Peripherals Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONTRACTOR may not bring CONTRACTOR-owned computers or computer peripherals into the COUNTY for use without prior authorization from the COUNTY’s Chief Information Officer, and/or designee(s), including but not limited to mobile storage devices. If data is approved to be transferred, data must be stored on a secure server approved by the COUNTY and transferred by means of a Virtual Private Network (VPN) connection, or another type of secure connection. Said data must be encrypted. C. COUNTY-Owned Computer Equipment CONTRACTOR or anyone having an employment relationship with the COUNTY, may not use COUNTY computers or computer peripherals on non-COUNTY premises without prior authorization from the COUNTY’s Chief Information Officer, and/or designee(s). D. CONTRACTOR may not store COUNTY’s private, confidential or sensitive data on any hard-disk drive, portable storage device, or remote storage installation unless encrypted. E. CONTRACTOR shall be responsible to employ strict controls to ensure the integrity and security of COUNTY’s confidential information and to prevent unauthorized access, viewing, use or disclosure of data maintained in computer files, program documentation, data processing systems, data files and data processing equipment which stores or processes COUNTY 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 are responsible to immediately notify COUNTY of any violations, breaches or potential breaches of security related to COUNTY’s confidential information, data maintained in computer files, program documentation, data processing systems, data files and data processing equipment which stores or processes COUNTY data internally or externally. H. COUNTY shall provide oversight to CONTRACTOR’S response to all incidents arising from a possible breach of security related to COUNTY’s confidential client information provided to CONTRACTOR. 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 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 responsible for all costs incurred as a result of providing the required notification. 18. NON-DISCRIMINATION: During the performance of this Agreement, CONTRACTOR shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status pursuant to all applicable State of California and Federal statutes and regulation. 19. NOTICES: The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY COUNTY CONTRACTOR County of Fresno County of Fresno Fresno Economic Opportunities Commission Director, Department of Public Health Director, Department of Social Services CEO 1221 Fulton St. P.O. Box 1912 1920 Mariposa St., Set. 300 Fresno, CA 93721 Fresno, CA 93718 Fresno, CA 93721 All notices between the COUNTY and CONTRACTOR 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 email. 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 email is effective when transmission to the recipient is completed (but, if such transmission is 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 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). Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS: A. COUNTY and CONTRACTOR recognize that CONTRACTOR is a recipient of Federal funds under the terms of this Agreement. By signing this Agreement, CONTRACTOR agrees to comply with applicable Federal suspension and debarment regulations, including but not limited to: 29 CFR 1470.35, 29 CFR 97.35, 41 CFR 105-71.135, and Executive Order 12549. By signing this Agreement, CONTRACTOR attests to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; and 2. Shall not knowingly enter into any covered transaction with an entity or person who is proposed for debarment under Federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction. B. CONTRACTOR shall provide immediate written notice to COUNTY if at any time during the term of this Agreement CONTRACTOR learns that the representations it makes above were erroneous when made or have become erroneous by reason of changed circumstances. C. CONTRACTOR shall include a clause titled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion- Lower Tier Covered Transactions” and similar in nature to this paragraph in all lower tier covered transactions and in all solicitations for lower tier covered transactions. D. CONTRACTOR shall, prior to soliciting or purchasing goods and services in excess of $25,000 funded by this Agreement, review and retain the proposed vendor’s suspension and debarment status at https://sam.gov/SAM/ 21. PROPERTY OF COUNTY: CONTRACTOR agrees to take reasonable and prudent steps to ensure the security of any and all said hardware and software provided to it by COUNTY under this Agreement, to maintain replacement-value insurance coverages on said hardware and software of like kind and quality approved by COUNTY. Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All purchases over Five Thousand Dollars ($5,000) made during the life of this Agreement that will outlive the life of this Agreement shall be identified as fixed assets with an assigned Fresno County DPH Accounting Inventory Number. These fixed assets shall be retained by COUNTY, as COUNTY property, in the event this Agreement is terminated or upon expiration of this Agreement. CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed assets and shall be physically present when fixed assets are returned to COUNTY possession at the termination or expiration of this Agreement. CONTRACTOR is responsible for returning to COUNTY all COUNTY owned fixed assets upon the expiration or termination of this Agreement. 22. PROHIBITION ON PUBLICITY: None of the funds provided directly or indirectly under this Agreement shall be used for CONTRACTOR’s advertising, fundraising, or publicity (i.e., purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the above, funds provided directly or indirectly under this Agreement may be used by CONTRACTOR for publicity of the services described in Paragraph One (1) of this Agreement as necessary to raise public awareness about the availability of such specific services when approved in advance by COUNTY’s Director of Public Health or designee 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, employee or agent of the COUNTY who exercises any function or responsibility for planning and carrying out of 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 shall be employed by the CONTRACTOR under this Agreement to fulfill any contractual obligations with the COUNTY. COUNTY and CONTRACTOR shall 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, employee or agent of the COUNTY. 24. CHANGE OF LEADERSHIP/MANAGEMENT: In the event of any change in the status of CONTRACTOR’s leadership or management, CONTRACTOR shall provide written notice to COUNTY within thirty (30) days from the date of change. Such notification shall include any new leader or manager’s name, address and qualifications. “Leadership or management” shall include any employee, Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 member, or owner of CONTRACTOR who either a) directs individuals providing services pursuant to this Agreement, b) exercises control over the manner in which services are provided, or c) has authority over CONTRACTOR’s finances. 25. LOBBYING ACTIVITY: None of the funds provided under this Agreement shall be used for publicity, lobbying or propaganda purposes designed to support or defeat legislation pending in the Congress of the United States of America or the Legislature of the State of California. 26. 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. 27. DISCLOSURE OF SELF-DEALING TRANSACTIONS: This provision is only applicable if a 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 a 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 E and incorporated herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 28. SEVERABILITY: The positions of this Agreement are severable. The invalidity or unenforceability of any one provision in the Agreement shall not affect the other provisions. 29. 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. The parties agree Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that Purchase Order # M02-0000020917 is terminated effective close of business April 16, 2021 and is replaced with this Agreement. In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding exhibits) and (2) the exhibits attached hereto. /// /// /// Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year 2 first hereinabove written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fresno Economic Opportunities Commission (Authorized Signature) Emilia Reyes , Chief Executive Officer Print Name & Title (Chairman of the Board , or President or Vice President) 1920 Mariposa Street Fresno , CA 93721 Mailing Address FOR ACCOUNTING USE ONLY: Fund : 0001 Subclass : 10000 ORG : 56201018 ,56201019 Account: 7295 Steve Brandau , 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 By: ------l.~~,-1,,:,,hD_1 . .L1 __:c1,_,o,,,b ... u~-1 pd:~J.....---- " Deputy D -26- Doc ID : f358e4637ddd685ef675bf3cd00e0b6c81db1 a7 Exhibit A Page 1 of 6 COVID-19 Harvest Project Scope of Work and Reimbursement Schedule April 17, 2021 through June 30, 2022 During the period April 17, 2021 through June 30, 2022 Fresno Economic Opportunities Commission (Fresno EOC) shall provide the following Services: Harvest Project Deliverables 1. Testing a.CoordinateandconductonsitePCR/rapidAntigentestingorreferclientstopartner clinics b.Billclientmedicalinsurance,asavailable c.Collect,analyze,andreportdata d.Providehealtheducationservicesand/orcoordinatewithCOVIDEquityProjectparticipants 2. CaseManagement a.Workwithemployersandcommunitiestosetuptestinglocations b.CoordinatewithotherCBOsforreferralsandcomplementaryservices c.DuringtheperiodApril17,2021throughJune30,2021,bookquarantinehotelroomthrough theStateofCalifornia’sHousingfortheHarvestprogramd.Scheduletransportationandfood services e.Checkinwithclientsduringquarantineasneeded f.Assistclientswithpaperworkandotherneeds,andconnectwithadditionalservices 3. Transportation: a.TransportCOVIDpositiveorexposedindividualstoandfromahotelfora14day quarantine 4. Meals: a.Deliver3mealsaday b.Mealswillbeadaptedforculturalandcertaindietaryneedssuchasvegetarian,nondairyand no nuts. 5. VaccineClinics a. Manageandfacilitatealloperationalcomponentsof20(twenty)COVID19vaccine clinics,including: I. Vaccinepickupandtransport II. Coldchain III. Patientappointments/registrations IV. Trafficcontrol V. Clinicsetupandpatientflow VI. Logisticsrelatedtopostvaccineadministrationpatientobservations,and managingpatientcheckoutandsecondvaccineappointmentscheduling  HarvestProjectTesting TheHarvestProjectwillprovideCOVID19testinginFresnoCountycommunitieswithhigh concentrationsofworkersinagricultureindustries.FresnoEOCHealthandDentalServicesand partnerclinicswillworktogethertoprovidePCRtestingatlocationstobedetermined.Employers cancontactFresnoEOCtotesttheirworkers,andemployeescanselfrefertoFresnoEOCfor testing.Thisservicewillalsobeavailableonareferralbasistoanyoneconnectedwiththeemployer oritsemployees.Farmworkersoragricultureemployeeswillbeeligibleforwraparoundservicesto assistinquarantiningfor14daysfollowingexposureorapositiveCOVID19test. Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit A Page 2 of 6 FresnoEOCSanctuaryandSupportServiceswillbetheinitialpointofcontactforbothemployers andemployeesintheagricultureandfoodprocessingindustry.Programstaffwillbeavailableby phoneoremailforassistance.Requestscanalsobemadeonlinethroughaprojectwebsiteusingan onlinerequestform.FresnoEOCHealthandDentalServicesstaffwillbetrainedontestingprotocols byFresnoEOCHealthandDentalServices’leadershipaswellasFCDPHstaff.Healtheducatorswill provideeachclientinformationaboutCOVID19preventionandsymptoms,addresses,andphone numbersforFederalQualifiedHealthCenters,andwebsiteswithinformationaboutresourcesand treatmentoptions.FresnoEOCwillalsocollectandanalyzedatafromtestsites.Datawillbebroken downbyrace,age,gender,andtestresult,andwillbeaggregatedandsharedwiththeCounty. ScreeningandresultscanbedirectlylinkedtotheFresnoCountydatacollectionsystemREDCap, whichFresnoEOCalreadyutilizesforitsdentaldatacollection. Eachtechnicianwillwearpersonalprotectiveequipment(PPE),followprotocolsfordisposingof tests,andfollowsanitationandcleaningguidelines.Individualswhohavebeentestedwillbe contactedby phoneand/ortextbyEOCHealthandDentalServiceswiththeirresults.Ifthetestis negative,theywillreceiveatext.Ifthetestispositive,theywillreceiveaphonecallwithreferral informationaboutourservicesandwheretoseektreatment.  HarvestProjectCaseManagementServices Whenanindividualworkinginthefoodprocessingoragricultureindustryhaseithertested positiveforCOVID19orhasbeencontactedbyanFCDPHContactTracerconfirmingtheyhave potentiallybeenexposed,FresnoEOCwillofferservicestoassistthemwiththe14dayquarantine process.Iftheydecidetousetheseservices,duringtheperiodApril17,2021throughJune30, 2021,FresnoEOCSanctuaryandSupportServiceswillbookthatpersonahotelroomunderthe StateofCalifornia’sHousingfortheHarvestprogramTheywillbegivenatimetomeetatthe testingsiteorbepickedupattheirhomefortransportation,allowingatleasttwohourstogather anypersonalitems.FresnoEOCTransitSystemswillthentransportclientstotheirhotels,eitherin 15 passengervansfromthetestingsitesorinanothersmallervehicleforanyonewhoisreferred butdoesnotvisitthetestingsite.Forparticipantsthatwilldrivetheirownvehiclestothehotel,a casemanagerwillmeetthemtogivea$50gascard.Forinhomequarantinesupport,FresnoEOC willprovidecasemanagementassistancetohelpclientsobtainservicesandresourcesidentified. Within24hoursof theirarrival,acasemanagerwillcalltheclientandconductanassessmentofany assistancetheyneed,includingbutnotlimitedtonavigatingleavefromtheiremployer, unemploymentbenefits,laundry,andmedicalissues.Casemanagerswillfollowupwithclients everyotherdayorasneededthroughouttheirquarantine,usingtranslationservicesasnecessary. FresnoEOCFoodServiceswilldelivermealstoeachpersoneverytwotothreedaysandprovide breakfast,lunch,anddinnereachday.Mealscanbebothhotandcolddependingontheappliances availableatthehotelforpreparation,willbeculturallyappropriate,andwillmeetanydietaryneeds orrestrictions.Followingthe14dayquarantine,FresnoEOCTransitSystemswillpickupclientsand returnthemtotheirhomes,unlesstheyhaveanothermeansoftransportation.  VaccineClinics FresnoEOCwillworkwithCountystafftocoordinateandconduct20vaccineclinics.Patientsserved willbedependentonwhichvaccineisbeingadministeredattheevent.ThePfizervaccineis authorizedforuseinindividuals16yearsofageandolder.TheModernaandJanssenvaccinesare authorizedforuseinindividuals18yearsofageandolder.SeeEUAsissuedforeachvaccine: Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit A Page 3 of 6 • PfizerEUA:https://www.fda.gov/media/144412/download • ModernaEUA:https://www.fda.gov/media/144637/download. • JanssenEUA:JanssenCOVID19VaccineEUAFactSheetforRecipientsandCaregivers (fda.gov) • Othervaccinerequirementsmayvary.FresnoEOCwillberequiredtoadheretoEUAfor specificvaccinesasadditionalvaccinesareapprovedbytheFoodandDrugAdministration (FDA).  Inaddition,FresnoEOCwillberesponsibleforthefollowing: • EnrollasaProviderinthefederalCOVID19VaccinationProgram,utilizingtheCalifornia DepartmentofPublicHealth’s(CDPH)COVIDReadiportalandagreeandadheretoall requirementsspecifiedintheProvideragreement.Ifproviderisnotcurrentlyanapproved CaliforniaCOVIDvaccineproviderthenprovidermustadheretoallCOVIDvaccinehandling andreportingrequirementsestablishedbytheStateofCalifornia. • ShalladministerthevaccineandenterallvaccinationsintotheappropriateStatesystemwithin24hours ofadministration. • Shallprovideallofficesupplies,ancillarymedicalsuppliesnotincludedwithvaccine,PPE,tables,chairs, tents,etc.,whenneeded. • VaccinewillbetransferredaccordingtoCDCorVFCrecommendations,suchasnotedintheCDC’s VaccineStorageandHandlingToolkit,linkedhere: https://www.cdc.gov/vaccines/hcp/admin/storage/toolkit/index.html  • Returnunused/unopenedvaccinestoDPHthedayoftheevent,orthedayfollowing,asdirectedbyDPH whenschedulingeachevent(tobedeterminedpriortoeachevent.)However,withCounty’spermission, vendormayretainunusedvaccineforuseonthefollowingclinicdateprovidedvendorhasappropriate coldstoragecapacityandthevaccinewillnothaveexpiredpermanufacturerguidelines. • IfFresnoEOChasvaccinethatmayexpirebeforeitcanbeusedatanupcomingevent,FresnoEOCwill workwiththeCountytoensureanysurplusorshortdateddosesaretransferredtoanapproved providerinatimelymanner. • DocumentandnotifyDPHofanywastedvaccinedoses. • Staffinchargeofstorageandhandling,willcompletethe7EZIZtrainingmodulesatthefollowing website:https://eziz.org/eziztraining/ • Perfederalregulations,ContractorisrequiredtoprovidetheappropriateEUAdocumenttoallvaccine recipients:  Pfizer:https://www.fda.gov/media/144414/download   Moderna:https://www.fda.gov/media/144638/download  Janssen:JanssenCOVID19VaccineEUAFactSheetforRecipientsandCaregivers(fda.gov) • COVID19vaccinationprovidersarerequiredtoreportthefollowingadverseeventsafterCOVID19 vaccination,andotheradverseeventsiflaterrevisedbyCDC,toVAERS: https://vaers.hhs.gov/reportevent.htmlorcalling18008227967 .  Vaccinationadministrationerrors,whetherornotassociatedwithanadverseevent  SevereCOVID19illness(e.g.,resultinginhospitalization)  Seriousadverseevents(AE)regardlessofcausality.SeriousAEsaredefinedas:  Death  AlifethreateningAE  Inpatienthospitalizationorprolongationofexistinghospitalization  Persistentorsignificantincapacityorsubstantialdisruptionoftheabilitytoconductnormallife functions Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit A Page 4 of 6  Acongenitalanomaly/birthdefect  MultisystemInflammatorySyndrome  Importantmedicaleventsthatmaynotresultindeath,belifethreatening,orrequire hospitalizationmaybeconsideredseriouswhen,baseduponappropriatemedicaljudgment, theymayjeopardizethepatientandmayrequiremedicalorsurgicalinterventiontopreventone oftheoutcomeslistedabove • Alsoreportanyadditionalselectadverseeventsand/oranyrevisedsafetyreportingrequirementsper FDA’sconditionsofauthorizeduseofvaccine(s)throughoutthedurationofanyCOVID19Vaccinebeing authorizedunderanEmergencyUseAuthorization(EUA). • FresnoEOCmustmakeprovisionforpatientswithahistoryofanaphylaxis(duetoanycause)toremain forobservationfor30minutes.Forallotherpersons,observationperiodis15minutes. • Intheeventofanaphylacticreaction,FresnoEOCmustmaintainappropriateemergencyequipmentat theeventtomanageanaphylaxisresultingfromvaccination.SeeCDCrecommendedequipmentlinked here:https://www.cdc.gov/vaccines/covid19/infobyproduct/pfizer/anaphylaxismanagement.html . Equipmentsupplyshouldbesufficienttomanagemultiplepatientsexperiencinganaphylaxis. ColdStorageSurvey(pleasecheckasappropriate):  Wehaveanultralowtemperaturefreezer(temperaturecapabilityis80°Cto60°C/112°Fto76°F). Freezermake/modelandcubicfeet:SOLOWMODELU852223.1cubicft3unitspurchased. AmericanBiotechSupply–ABT115V218617cubitft.–3unitspurchased  Wehavefreezerstoragecapability(25°Cto15°C/13°Fto5°F).Freezermake/modelandcubicfeet: _____MCACorporationMODELHMCF7W4–7CubicFeet_______________  Wehaverefrigeratorstoragecapability(2°Cto8°C/36°F40°F).Refrigeratormake/modelandcubicfeet: AmericanBiotechSupplyPHABTHCS16G16cubicft.*Currentcalibrationcertificationwillberequired forfreezers/refrigerators.  WewillpickupandreturnthevaccinethesamedaytotheCountyandwillmakearrangementswith Countystaffonpickupanddropofftimes.  WewillpickupandreturnthevaccinethesamedaytotheCountyandwillmakearrangementswith Countystaffonpickupanddropofftimes.  Wedonothavequalifiedcontainerandpackoutfortransportanddigitaldataloggerforcontinuous monitoringduringtransportandwillneedtoborrowfromtheDepartmentofPublicHealth.  PertheCDC,a“qualifiedcontainerandpackout”aredefinedas“Atypeofcontainerandsupplies specificallydesignedforusewhenpackingvaccinesfortransport.Theyarepassivecontainersthatdo notrequireapowersourceandare‘qualified’throughlaboratorytestingundercontrolledconditionsto ensuretheyachieveandmaintaindesiredtemperaturesforasetamountoftime.” (https://www.cdc.gov/vaccines/hcp/admin/storage/toolkit/storagehandlingtoolkit.pdf)Anexamplea qualifiedcontainerislinkedhere:https://www.vericormed.com/product/coolercoolcube08vaccine transportcooleratrefrigeratedtemperaturesfreshvaccinevt08/  TheCountywillprovidethefollowing: • Venueanddirectpaymenttovenueforanyrentalcosts. • Clinicdate,time,locationandvenuecontactinformation. • VaccineandancillarysuppliesasprovidedforbyCDPH.Dependingonvendor’scoldchain capabilitiesandregisteredProviderstatus,vaccineandancillarysuppliesmaybeshipped directlytovendororpickedupattheDepartmentofPublicHealth. Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit A Page 5 of 6 • ForPfizer,Moderna,Janssenandpotentiallyothervaccines,weexpectthefollowingancillary suppliestobeprovidedwitheach100vaccinedoses. • 105needles • 105syringes • 210alcoholpreppads • 1needleinformationcard • 100vaccinationcards • 2disposablefaceshields • 4surgicalmasks Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit A Page 6 of 6 ReimbursementSchedule FresnoEOCwillsubmitinvoiceswithfull,appropriatesupportingdocumentationasrequiredby theCounty.Reimbursableservicesaredescribedaboveandshallbepaidattheratessetforth below.  Category Rate COVID-19 Testing Up to $140 per test* Testing Event Mobilization $1,500 per event with 15-74 clients $3,000 per event with 75-150 clients Case Management $80 per hour Personal Protective Equipment Reimbursement based on actual usage Vehicle Screens Actual cost Transportation: $78 per hour IQS Support*** $1,200 maximum allowance per client to include:  April 17, 2021 through June 30, 2021 i. In Home Quarantine ($500.00) / Hotel Quarantine ($1000.00)  July 1, 2021 through June 30, 2022 i. In Home Quarantine ($1,000.00)  Gas Card: $50 each  Meals (incl. delivery): $61 per client per day Vaccine Clinic Billing/Compensation** Based on clinic hours: $2,400.00 per event fee with a minimum quota of (1-49) encounters, and/or 1 to 2-hour single event $4,200.00 per event fee with a minimum quota of (50-149) encounters, and/or 1 to 2 hour single event $7,500.00 per event fee with a minimum quota of (150-300) encounters, and/or 2 to 5 hour events. $12,000.00 per event fee with a minimum quota of (301- 500) encounters, and/or 5 to 8 hour events $17,000.00 per event fee with a minimum quota of (501- 750) encounters, and/or 5 to 8 hour single event. $23,000.00 per event fee with a minimum quota of (751- 1000) encounters, and/or 5 to 8 hour single event *Fortestingcoststhatcannotberecoveredthroughexistingfundingstructures(includingbutnot limitedtoclientmedicalinsurance),theCounty willcompensateatamaximumrateof$140.This ratewillcoversamplecollection,diagnostictestingcoveredattheMedicarerate,andpatientresult follow up. ** Vendorshallbillpatient’sinsurance,MediCal,orsubmitforFederalreimbursementforuninsured patientsthroughtheHealthResourcesandServicesAdministration’s(NHSA)claimsreimbursement programforCOVID19vaccineadministrationcosts.(Seelink: https://coviduninsuredclaim.linkhealth.com/get started.html) ***DiscontinuationofhotelroomssecuredthroughtheStateeffectiveJuly1,2021.Fundingdoesnotaffect wraparoundservicesforinhotelquarantineassistance. Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 1 of 25 Page 1 of 25 COVID-19 Equity Emergency Response Scope of Work January 2022 through March 2022 Upon written request of the County of Fresno, Department of Public Health Director, Fresno EOC shall provide the below services during the period January 1, 2022 through March 31, 2022. All Plans submitted for each of the four categories (Health Education and Outreach, Contact Tracing & Medical Investigation, Quarantine Supports) shall be approved by the County of Fresno- Department of Public Health (DPH) prior to implementation. CATEGORY 1: Health Education and Outreach Activity Activity Name Description Responsible Party Deliverables/ Milestones Timeframe 1.1.1 Assess: Language & Cultural Needs Identify language and cultural needsin the community and organizational/staff capacity in terms of education and outreach Fresno EOC & Subcontractors Assessment January 2022 – March 2022 1.1.2 Assess: Testing Needs Identify through data analysis any targeted geographic or demographic population for testing events and outreach. Fresno EOC & Subcontractors Ongoing reports of identified targeted populations January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 2 of 25 Page 2 of 25 1.2.1.1 Plan: Training/ Curriculum Development Develop modules on education and outreach to include information on: 1. How to be a Promotora 2. COVID19 Transmission 3. Prevention a. Social distancing b. Sheltering in Place c. Wearing Masks d. Handwashing 4. Testing 5. Isolate when positive 6. Quarantine 7. Glossary of PHD terms 8. Ongoing training in technology use for COVID-19 related education and outreach, and quarantine supports Prepare training materials and handouts. Fresno EOC & Subcontractors Curriculum January 2022 – March 2022 1.2.1.2 Plan: Training/ Adaptations Adapt CHW modules for each language/cultural group 1. Hmong, Lao, Khmer, Arabic, Slavic 2. Mixteco, Mam, Tlapaneco, Zapoteco, Triqui 3. Punjabi 4. Spanish Fresno EOC & Subcontractors Curriculum January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 3 of 25 Page 3 of 25 5. Swahili (available, but not anticipated) 6. AA cultural adaptation 1.2.2.2 Plan: Outreach Testing Events Plan how to support Testing Events in the County of Fresno will be determined in consultation with FQHCs, and County-funded testing agencies. This plan is to include one event per week given lab and testing capacity for the County. Finalize plan on logistics for supporting City of Fresno/UCSF mobile testing sites between all agency partners Fresno EOC & Subcontractors Fresno EOC & Subcontractors Documented agreement and schedule of events Written plan and agreement January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 4 of 25 Page 4 of 25 1.2.3 PLAN: Outreach Outreach Plan Coalition partners will submit a plan to mobilize and deploy teams of Community Health Workers/ Promotoras and other project staff who will utilize a number of approaches in order to conduct health education and outreach activities under the auspices of the project, and in addition influenza, and/or other communicable diseases. The outreach plan will address the cultural, linguistic and literacy needs of targeted audiences in Fresno and Fresno County. Coalition partners will cover the entirety of Fresno County based on each organization’s existing reach and capacity, including:  City of Fresno, including unincorporated areas within city major boundaries (Calwa, Highway City, Pinedale)  Fresno County small towns & cities  Unincorporated/ rural areas outside of the City of Fresno  FUSD high school feeder patterns & other local school districts Fresno EOC & Subcontractors Fresno EOC & Subcontractors Outreach Plan from each lead agency (EOC) January 2022 – March 2022 January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 5 of 25 Page 5 of 25 1.2.4.1 Plan: Communications A communications team of Public Health Department staff and communication leads from each partner organization will convene to plan and coordinate communication strategies. Plan in-language media campaigns with a communications plan within each target populations  Ethnic TV/Radio/Print limited buys Engage traditional corporate media through:  Earned media coverage of testing events  Project staff spokespersons presentations on English and Spanish media programming Leverage CBO Coverage on Weekly COVID-19 Calls, as well as placement in CBO newsletters and other existing community-based network communication. Fresno EOC & Subcontractors . Fresno EOC & Subcontractors Fresno EOC & Subcontractors Fresno EOC & Subcontractors Copies of scripts, print messages and collaborative items January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 6 of 25 Page 6 of 25 1.2.4.2 Plan: Health Education Materials & Messages Plan health education talking points, messages, and materials within each target population. Fresno EOC & Subcontractors Talking points, messages, and developed materials January 2022 – March 2022 Monthly 1.2.4.3 Plan: Field Testing Method: Organized as small group sessions once new messages and new materials are developed. The focus will be on the effectiveness of messages and materials in conveying information. Are the messages and materials received well and understood by the target audience? This data is to be collected by each organization that is out on the field and data will be collected by CVHPI Fresno EOC & Subcontractors Field-testing reports. Monthly January 2022 – March 2022 1.3.1 Implement: Training CHW/Promotora Initial One Week Training: Ongoing Continuing Education on at least biweekly basis Train-the-Trainer support for lead CHWs at each agency Fresno EOC & Subcontractors Fresno EOC & Subcontractors Fresno EOC & Subcontractors Sign-in sheets/electronic documentation January 2022 – March 2022 January 2022 – March 2022 January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 7 of 25 Page 7 of 25 1.3.2 Implement: Health Education & Outreach Conduct health education to target audiences. Include outreach on COVID-19, Influenza, and/or Other Communicable Diseases, and promotion of testing events. Approach 1: High Volume Direct Health Education on Transmission/Prevention- Coalition partners will engage in direct outreach through numerous platforms with a goal of reaching large segments of the underserved population with consistent messaging. This approach will include:  Phone banking/texting campaigns, direct texting  Robocalls  Using existing call lists  Through City Phone trees  WhatsApp  Social Media: Facebook, Instagram, and Twitter  Webinars/Virtual Talks  Grass roots ambassadors Fresno EOC & Subcontractors Fresno EOC & Subcontractors Talking points -Messages (Voice and video included) -Contact metrics and tracking by method (number of attempts, contacts, completed conversations byapproach) -WhatsApp: Number of members on groups -Social Media: Highest number of shares per month on any post -Webinars and Virtual talks: number of views after 1 month. January 2022 – March 2022 January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 8 of 25 Page 8 of 25 Approach 2: Direct 1:1 & Small Group Engagement with Residents- When necessary and safe, project staff will engage in one-on-one (1:1) conversations with residents, as well as small group/ focus group meetings to disseminate educational content and capture information from the target population related to prevention needs. This is particularly needed in isolated (both linguistically and geographically) communities where a trusted ambassador is best positioned to conduct successful outreach. These will include:  In-person outreach  Small group meetings/engage at worksites, community centers, and other community spaces in targeted neighborhoods Fresno EOC & Subcontractors Contact metrics and tracking by method January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 9 of 25 Page 9 of 25 Approach 3: Promotion of Clinics and Testing events- Project staff (with PPE) will promote clinic locations in each local area. Coalition partners will also organize, promote and staff testing events in local communities. Considerations for these activities will include:  Leveraging media/communications activities (see activity 1.3.4)  Targeted neighborhood outreach, including phone banking, canvassing & leafleting. Fresno EOC & Subcontractors Reporting of markets reached Contact metrics and tracking by method January 2022 – March 2022 January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 10 of 25 Page 10 of 25 Approach 4: Inter-institutional Cooperation & Collaboration with Project Staff & Local School Districts (GO Fresno)- Project staff will utilize existing inter-institutional relationships in order to bolster outreach and education efforts. This will include:  School District partnerships in Fresno USD and throughout the county  School-site partnerships, including principal and parent/ community engagement staff collaboration and cooperation with project staff  Formalize partnership with Fresno USD’s Parent University to conduct phone-bank outreach to FUSD parents.  Coordinate with rural school districts for education and outreach, specifically the quarantine supports the COVID-19 Equity Project is managing  Collaborate with school districts regarding contact tracing and/or testing education and outreach Fresno EOC & Subcontractors Agreements with School Districts and FCOE Agreements with School sites Agreements with FUSD Parent University Completed Phone Bank events (# of people reached) January 2022 – March 2022 January 2022 – March 2022 January 2022 – March 2022 January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 11 of 25 Page 11 of 25 Approach 5: Inter-institutional Cooperation & Collaboration with Project Staff & African American (AA) owned small businesses (FMBCC)- Project staff will utilize existing inter-institutional relationships with city, county, and state agencies to provide outreach, education, training efforts. This will include:  Provide small business education & training to ensure workplace safety, reduce risk to public health, operational stability, local & state compliance, risk mitigation, effectively manage procurement of safety supplies and equipment Approach 6: Continue collaboration with farm workers, small farmers, and farm labor contractors. Support County DPH rural small businesses and agricultural businesses testing, education and outreach • Provide PPE to employees as part of outreach efforts when needed Fresno EOC & Subcontractors Fresno EOC & Subcontractors Worksite testing events Workshops Phone Webinars 1:1 TA via Videoconferencing January 2022 – March 2022 January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 12 of 25 Page 12 of 25 1.3.3 Implement: Testing Events Testing Events in the City of Fresno in partnership with UCSF will be conducted up to 7 days per week, with onsite responsibilities rotated between partner organizations depending on the targeted languages and neighborhoods. Testing events in County will be conducted according to plan (activity 1.2.2.2) CHWs will provide information (public health, COVID workers’ rights, quarantine supports, other resources) on-site to everyone who comes to test. CHWs provide contact investigation information and assist patient with submitting contact information electronically. Fresno EOC & Subcontractors Fresno EOC & Subcontractors Fresno EOC & Subcontractors Fresno EOC & Subcontractors Number of testing events assisted # of people contacted to attend event # attendees #of people followed up after event January 2022 – March 2022 January 2022 – March 2022 January 2022 – March 2022 1.3.4 Implement: Communications Convene communications workgroup regularly and collaborate closely with Leticia Barber (DPH) and Lacey Leonard (UCSF) Promote in ethnic/ linguistic communities in culturally relevant ways Fresno EOC & Subcontractors Fresno EOC & Subcontractors # of Interviews, # of publications # of segments January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 13 of 25 Page 13 of 25  Ethnic Media outreach such as Radio Bilingue, Univision, Punjabi Radio USA, JusPunjabi TV, Hmong Television, KBIF 900 (Hmong,Lao, Khmer and Arabic Radio shows), Newspapers  Earned traditional media coverage of testing events  Assess existing response hotline  Embed Cultural Brokers into the 211 COVID hotline  Launch outreach efforts for 211 COVID hotline devoted to COVID Outreach # of views on website after live airing # of people served by hotline January 2022 – March 2022 January 2022 – March 2022 1.3.5 Implement: Field Testing Each partner organization will organize field testing groups for rapid assessment of newly developed messages and materials. 1. Plan focus group and Invite participants. 2. Conduct field tests 3. Compile finding and present to partners. Fresno EOC & Subcontractors # of field-testing groups monthly Monthly January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 14 of 25 Page 14 of 25 1.4.1 Evaluate: Training Effectiveness in training (Is the training we provide to CHWs/CTs building capacity to level needed as demonstrated by need encountered in community?) Fresno EOC & Subcontractors CHW/Promotora training evaluations January 2022 – March 2022 1.4.2 Evaluate: Communications & Health Education messages and materials Through a process evaluation, obtain feedback from community members on implementation of dissemination methods of new messages and understanding of messages. This will be done through qualitative data. We will use interview guide and surveys after receiving the messages Two Areas of Evaluation: Understanding of messages (are messages sticking or resulting in impact?) Which methods are most impactful for which audiences (radio, tv, in person, social media, etc.) Fresno EOC & Subcontractors Data from Evaluation Meetings with Team leads reported to DPH Ops and UCSF Leadership joint meetings Monthly January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 15 of 25 Page 15 of 25 1.4.3 Evaluate: Events/Outreach Evaluate effectiveness of outreach strategies around: community knowledge of virus, turnout at testing events, follow up Fresno EOC & Subcontractors Focus Groups and Survey Results from invited past participants of outreach January 2022 – March 2022 1.4.4 Evaluate Evaluate implications for vaccination campaign and develop recommendations for practice Fresno EOC & Subcontractors Report to DPH Ops and UCSF Leadership joint meetings January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 16 of 25 Page 16 of 25 CATEGORY 2: Contact Tracing & Medical Investigation Activity Activity Name Description Responsible Party Deliverables Timeframe 2.1.1 Assess Coordinate with County Medical Investigation Team for Contact Tracing efforts  Identify Data Management needs  Identify Appropriate Training modules for Contact Tracing by community members  Develop additional qualitative and quantitative data measures for community health workers across CBO’s Fresno EOC & Subcontractors Meeting minutes Final list of measures to be collected by all CBOs for evaluation purposes January 2022 – March 2022 2.1.2 Assess Re-evaluate and modify training for contact tracing modules and testing protocols as they change Fresno EOC & Subcontractors Updated training modules Monthly January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 17 of 25 Page 17 of 25 2.2.1 Plan Develop basic overview module on Contact Tracing & coordination with Medical Investigation to include information on: 1. Contact Tracing 2. Motivational Interviewing 3. Difficult clients 4. County HIPAA training 5. Infection control and prevention Adapt modules to 13 languages/cultures to ensure Literacy levels, visuals that are representative of community Fresno EOC & Subcontractors Curriculum 5,5,1,1,1 adaptation January 2022 – March 2022 January 2022 – March 2022 2.3.1.1 Implement CHWs complete internal introductory training to contact tracing (ASTHO, basic customer service/interview skills) Complete County training for contact tracing (County data management systems and processes) Fresno EOC & Subcontractors Fresno EOC & Subcontractors Sign in Sheets County certification/ approval January 2022 – March 2022 January 2022 – March 2022 2.3.1.2 Implement Conduct County-referred contact tracing and investigation Budget is based on July 11th County and City COVID-19 total cases reported over time. Fresno EOC & Subcontractors REDCap or CalREDIE January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 18 of 25 Page 18 of 25 Total Cases: 8,282 100% City cases: 4353 53% County cases: 3,929 47% Actual Charges to County will be based on patient’s resident address. City of Fresno address will be billed to City of Fresno. All others will be billed to County. Once City of Fresno allocation is fully spent then remainder may be billed to County if funds are remaining in County’s budget for CATEGORY 2. 2.3.1.3 Implement Conduct ongoing Continuing Education as contact tracing training and protocols adapt Fresno EOC & Subcontractors Sign in Sheets January 2022 – March 2022 2.4.1 Evaluate Monthly evaluations until March to include 1. Number of people reached for contact tracing 2. Average time it is taking to conduct investigation 3. Questions people are asking beyond contact tracing related questions, including identification of other unmet needs Fresno EOC & Subcontractors provide information to CVHPI Notes from monthly meetings Monthly Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 19 of 25 Page 19 of 25 4. Qualitative data about knowledge gaps of CTs Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 20 of 25 Page 20 of 25 CATEGORY 3: Quarantine Supports Activity Activity Name Description Responsible Party Deliverables Timeframe 3.1.1 Assess: Needs Assess needs of presumed or confirmed COVID19 positive community members and their families. 1. Wage replacement 2. Housing/Quarantine site 3. Utilities 4. Access to healthcare and treatment 5. Food Assistance 6. Childcare or Eldercare 7. Education needs of students in home 8. Provide PPE to individuals as needed 9. Provide transportation There will be an ongoing assessment on the total funds allocated and the need between city and county. Fresno EOC & Subcontractors Quarantine Assessment January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 21 of 25 Page 21 of 25 3.2.1 Plan: Payment Arrangements Develop a standardized process for requests and distribution of quarantine supports for all CBOs. Process must be standardized amongst all agencies distributing funds. All agencies must use the same database tracking for all clients to ensure there is not a duplicate disbursement for the same patient/household. Allow for multiple families living within one household. Fresno EOC & Subcontractors Invoices for payments with supporting documentation. Monthly map demonstrating location of distributions of patient/household address. January 2022 – March 2022 3.2.2 Plan: Referrals Develop process for referrals to complementary resources and services. Track across all agencies in a single database or comparable that will allow reporting of unique individuals being served. Fresno EOC & Subcontractors Resource map January 2022 – March 2022 3.3.1 Implement: Quarantine Supports Distribute to index cases and close contacts County will work with Contractors to develop screening form and methodology for distribution of funds Fresno EOC & Subcontractors # of patients/households that have received funds January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 22 of 25 Page 22 of 25 3.3.2 Implement: Follow-up and Wellness Checks Assess if index case and contacts have received resources and referrals. Fresno EOC & Subcontractors Report of follow-up calls January 2022 – March 2022 3.4.1 Evaluate Evaluate monthly in terms of equitable distribution, impact, and level of funding utilized out of the whole. We will be re-evaluating need from geographic region, to amounts being distributed, to budget for isolation/quarantine. Fresno EOC & Subcontractors Monthly Meeting Oral Report to DPH Ops January 2022 – March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 23 of 25 Page 23 of 25 Category4:VaccineClinic Activity ActivityName Description Deliverables Timeframe 4.1 CommunityNeedsAssessment Collectvaccineinterestfrom500communityresidentsduringCOVID19testingevents ConductfourcommunitylisteningsessionsviaZoom January2022–March20224.1.1 PlanOutreach&Education Buildpublicawarenessandeducationaboutthemosteffectiveway tohelpstopthespreadoftheCOVID 19virus. Keymessagingdevelopment,includingvaluestatements,facts,andtaglines Webdevelopmenttoincludeaminimumofthreelandingpagestargetedtoaddresslearningsfromcommunityassessments Incorporatekeymessaging,valuestatements,facts, andtaglinesintoprimarymarketingcollateral January2022–March2022 January2022–March2022 January2022–March2022 ConductCOVID19 vaccineneeds assessmentsto informvaccine outreach,education, equitable distribution,and implementationplan Conductcommunitysurvey toreachminimumof300 residentstolearnabout vaccinehesitancyand knowledgegaps January2022–March2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 24 of 25 Page 24 of 25 4.1.2 ImplementOutreach/education Engagekeystakeholders,suchasAAcommunityleaders,pastors,athletes,physicians invariousoutreachactivitiesthatincorporatethecampaignmessaging VirtualoutreachviaSMplatforms,textcampaign,phonebanking Physician&pastorscommunitypanel 4FBLiveevents/panel discussions 6CommunityMeetings 2Askthephysicianvirtual sessions January2022–March2022 January2022–March2022 January2022–March2022 Monthly4.1.3VaccinatorTrainingTrain1015CHWstobecomecountycertifiedMAs,toincreasethenumberofskilledvaccinatorsinthecountyofFresnoCHWswillcomplete: 46hoursofvaccine traininginpartnershipwith CVHPI CompleteCDCVaccinetrainingforproviders.Providecertificate Train4CHWsincoldchain CertificatedBLS/CPRtrainingCountyapprovedMAtraining/clinicalhoursConductsupplementalIMinjectiontrainingwithphysicianconsultantandleadRN January2022–March2022January2022–March2022January2022–March2022January2022–March2022January2022–March2022January2022–March2022Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit B Page 25 of 25 Page 25 of 25 4.1.4Implement/OperateCOVID19VaccineClinicIndependentlymanageandoperatetheclinicalandadministrativecomponentsofaCOVID19vaccineclinicwithafocusonservingthemostvulnerablepopulationinawaythatadvancesracialhealthequityandaccess.I.Launch/operatevaccine callcenterinpartnership withCBI II.Manage&facilitateall operationalcomponentsof vaccineclinic,including: a.Vaccinepickup& transport b.Coldchain c.Patient appointments/registrationsd.Trafficcontrol e.Clinicsetupandpatient flow f.logisticsrelatedtopost vaccineadministrationpatientobservations,andmanagingpatientcheck outandsecondvaccineappointmentscheduling g.Patientappointment transportforelderly January2022–March2022 January2022–March2022Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 COVID-19 Equity Emergency Response LEAD AGENCY: FRESNO EOC Exhibit C Total Program Director 7,500 Program Coordinator 5,778 Administrative Assistant 3,785 Data Coordinator 4,219 CI/CT/CHW/Resource 109,336 Clinical Personnel-Vaccine 23,438 Account Clerk 4,350 Finance Manager 5,250 Mental Health Professional 8,789 Personnel Sub-Total 172,444 Fringe 43,111 Total Personnel 215,555 Supplies (office, printing, etc)5,782 Travel/Mileage 1,390 Outreach/Education/Marketing 57,217 Communications 4,142 Supply Transport Rental 1,447 Community Transportation 1,463 Mobile Hotspot Device 2,572 Computers 7,723 Program Supplies 3,079 Staff Supplies 4,702 Vaccine Clinic Supplies 28,125 Community Medical Supplies 19,014 PPE & Cleaning Supplies 18,750 Consultants, Licensed & Unlicensed 51,844 Vaccine Clinic Facilities Rental 21,563 Liability Insurance 469 Software (Scheduling, Cloud)469 Equipment 1,125 Employee Training 938 Biohazard Waste Disposal 512 Interpretation & Translation 375 Total Operating 232,697 Direct Costs 448,252 Indirect Costs @ 9%40,343 Total Direct and Indirect 488,594 EOC Subcontracts TBD 447,938 TBD 447,938 TBD 447,938 Other Costs Subtotal 1,343,814 Grand Total 1,832,408 Operating Costs Personnel Budget: January 2022 through March 2022 Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit D Page 1 of 3    Fresno County Economic Opportunities Commission (EOC) Housing for the Harvest (H4H) Monthly Report [MMDDYYYY] Please provide clear and concise responses to the questions listed below. Fresno County Department of Public Health (FCDPH) is interested in hearing about your successes and challenges, as well as how best to support you with the implementation of your Housing for the Harvest (H4H) scope of work activities. SECTION I: COVID-19 TESTING 1. Testing Numbers: Provide the number of testing events provided during this period and include the location, address and test type performed. Testing Date Number Tested Location Address Type of Test SECTION 11: CALL CENTER REFERRALS, CASE MANAGEMENT AND WELLNESS CHECKS 2. Call Center Referrals, Case Management and Wellness Checks: Provide the total number of individuals that were referred to EOC H4H, triaged and followed up by telephone, and supported with case management services and wellness checks each month and identify the type of case management provided. Month Total Number of Referrals Number of Individuals who Received Case Management or Wellness Services Type of Case Management Services Provided April May 3. Time spent: Approximately how many hours did you spend conducting any of the services in Section II from March to April? _______hours/minutes On average, how long did you spend with one person? _______hours/minutes Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit D Page 2 of 3    SECTION III: Vaccine Clinics 4. Vaccine Clinics: Provide the number of vaccine clinics hosted during this period and include the number of people vaccinated at each event, location, address, and vaccine administered. Vaccine Clinic Date Number Vaccinated Location Address Vaccine Type SECTION IV: Demographic Information 5. Language Access: Provide the number of language services you provided supports in and specify the languages. Number of languages provided supports in: Specify the language(s): 6. Race & Ethnicity: Please provide the number of individuals supported by race and ethnicity. Individuals supported by Ethnicity Cases investigated by Race Hispanic or Latino ____ Non-Hispanic or Latino ____ American Indian or Native American or Alaska Native ____ Asian ____ Black or African American ____ Native Hawaiian or Pacific Islander ____ White ____ Other _____ 7. Geographical locations: List at least three zip codes where you provided the greatest case management services, wellness checks and issued the most financial assistance to? 1. 2. 3. SECTION V: Financial Assistance Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit D Page 3 of 3    Type of Financial Assistance Provided: Provide the number of individuals that accepted the Hotel Financial Assistance and those that accepted the Home Quarantine Financial Assistance. Number of Individuals accepting the Hotel Financial Assistance: Number of Individuals accepting the Home Quarantine Financial Assistance: Please check the type of financial assistance more frequently requested:  Food  Utilities  Rent/Mortgage  Childcare  Laundry Services  Transportation  Respite Care  Medical  Distance Learning  Other: ___________________ SECTION VI: Training Training: List any trainings attended during this period whether provided by Fresno County Department of Public Health, the California Department of Social Services or others to support your scope of work. Training Date Type of Training Staff Attending Describe any additional trainings needs you may have to more effectively and efficiently complete your work activities. SECTION VI: Successes and Challenges 1. Provide one to two success stories that will demonstrate the impact EOC is making in Fresno County. 2. Describe any challenges during this reporting period that made it particularly difficult to accomplish your activities? 3. Is there anything else Fresno County Department of Public Health can do to further support your success with the H4H Program? Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit E Page 1 of 2 SELF-DEALINGTRANSACTIONDISCLOSUREFORM 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 selfdealing transactions that they are a party to while providing goods, performing services, or both for the County. A selfdealing 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 selfdealing 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 selfdealing transaction described in Sections (3) and (4). Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7 Exhibit E Page 2 of 2 (1)CompanyBoardMemberInformation: Name: Date: JobTitle:  (2)Company/AgencyNameandAddress: (3)Disclosure(Pleasedescribethenatureoftheself-dealingtransactionyouareapartyto):  (4)Explainwhythisself-dealingtransactionisconsistentwiththerequirementsofCorporationsCode5233(a): (5)AuthorizedSignature Signature: Date: Doc ID: f358e4637ddd685ef675bf3cd00e0b6c81db18a7