HomeMy WebLinkAboutAgreement A-22-102 with Fresno EOC African American Coalition.pdf-1-
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A G R E E M E N T
THIS AGREEMENT (“Agreement”) is made and entered into this day of ______, 2022, 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 organization,
whose address is 1920 Mariposa Mall Suite 330, Fresno, California, 93721, hereinafter referred to as
"CONTRACTOR".
W I T N E S S E T H:
WHEREAS, COUNTY, through its Department of Public Health, is in need of temporary vendors to
provide COVID-19 and Influenza testing and vaccination administration, including all necessary staffing, to
conduct vaccination clinics that will provide vaccinations and testing to the COUNTY’s vulnerable
populations including migrants, food and farmworkers, other essential workers and people of color; and,
WHEREAS, CONTRACTOR was providing Health Education Outreach, Contact Tracing, Isolation
Quarantine Support, and Vaccine Clinic Support under Agreement No. A-21-316, and,
WHEREAS, Agreement No. A-21-316 was extended to March 31, 2022 under the COVID-19
Emergency Response for CONTRACTOR to continue to providing Vaccine Clinic Support only, and;
WHEREAS, CONTRACTOR is currently performing services for the Housing for Harvest Program
to provides case management and COVID-testing to agricultural farmworkers under the Agreement No.
A-21-540, which expires June 30, 2022; and,
WHEREAS, COUNTY anticipates a continuing need for Vaccine Clinic Support throughout 2022;
and,
WHEREAS, CONTRACTOR has experience operating such COVID vaccination clinics and has
facilities, equipment, and personnel skilled in the provision of COVID vaccination services.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties hereto agree as follows:
1.OBLIGATIONS OF THE CONTRACTOR
A.CONTRACTOR shall perform all services and fulfill all responsibilities identified in
Exhibit A, attached hereto and by this reference incorporated herein.
22nd March
Agreement No. 22-102
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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 notify COUNTY within one (1) business day upon receiving
media requests for interview or information.
2. OBLIGATIONS OF THE COUNTY
A. COUNTY shall provide guidance and assistance in the determination and
implementation of safe and appropriate public health practices during the pandemic, such as physical
distancing, hand hygiene, facial covering, disinfection and other prevention and control measures.
B.COUNTY shall collaborate on media communication and public messages to
ensure cohesive, unified messaging.
C. COUNTY shall review and approve all survey and assessment tools developed
for use among the public. All data collected and 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 be effective April 1, 2022 and continue in full force and effect
through September 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 Epidemiology and
Laboratory Capacity for Infectious Diseases (ELC) – Enhancing Detection Expansion through the
Coronavirus Response and Relief Supplemental Funds (CFDA 93.323), the Immunization Cooperative
Agreement (CFDA 93.268), and/or other funding made available through legislation. Additional federal,
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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.
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/INVOICING:
A.COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation for actual cost as identified in Exhibit B, attached hereto and incorporated herein by
reference. CONTRACTOR shall submit monthly invoices by the thirtieth (30th) working day of each month
for the prior month’s services using a template to be provided by COUNTY, with full supporting
documentation (e.g., activity log, receipts, invoices) to the County of Fresno, Department of Public Health,
COVID Response, 6th Floor P.O. Box 11867, Fresno, CA 93775, Attention: Business Office or
dphboap@fresnocountyca.gov. The Agreement number must appear on all invoices.
B.In no event shall compensation paid for services performed under this Agreement be
in excess of Seven Hundred Seventy-Seven Thousand Nine Hundred Twenty-Four and No/100 Dollars
($777,924) during the term of this Agreement. It is understood that all expenses incidental to
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CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR.
C. Notwithstanding the above, payments made by COUNTY shall be in arrears, for
services provided during the preceding month, within forty-five (45) days after receipt and verification of
CONTRACTOR’s invoices by COUNTY’s Department of Public Health. Invoice verification shall consist of:
review of supporting documentation for all expenditures, which may include but not limited to timesheets,
receipts, mileage records; line item totals detailed in Exhibit B attached hereto have not been over-
expended; indirect costs have been correctly calculate; and the required invoice template has been
submitted.
D. CONTRACTOR shall submit monthly reports by the twentieth (20th) working day
following the prior month’s services using the report template attached hereto as Exhibit C.
6. 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
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.
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7. 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 Department of Public Health Director or designees. Said budget object
level changes shall not result in any change to the maximum compensation amount payable to
CONTRACTOR, as stated herein.
8.NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor
their rights or duties under this Agreement without the prior written consent of the other party.
9.HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or
resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
or corporation who may be injured or damaged by the performance, or failure to perform, of
CONTRACTOR, its officers, agents, or employees under this Agreement.
The provisions of this Section 9 shall survive termination of this Agreement.
10. 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
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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 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 be
issued on a per occurrence basis.
F. Cyber Liability
Cyber Liability Insurance, within 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 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.
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Definition of Cyber Risks. “Cyber Risks” include but are not limited to (i) Security Breaches, which
may include Disclosure of Personal Information to an Unauthorized Third Party; (ii) breach of any of the
CONTRACTOR’s obligations under Section (1) of this Agreement; (iii) infringement of intellectual property,
including but not limited to infringement of copyright, trademark, and trade dress; (iv) invasion of privacy,
including release of private information; (v) information theft; (vi) damage to or destruction or alteration of
electronic information; (vii) extortion related to the CONTRACTOR’s obligations under this Agreement
regarding electronic information, including Personal Information; (viii) network security; (ix) data breach
response costs, including Security Breach response costs; (x) regulatory fines and penalties related to the
CONTRACTOR’s obligations under this Agreement regarding electronic information, including Personal
Information; and (xi) credit monitoring expenses.
Additional Requirements Relating to Insurance
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under
this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, (Department of Public Health, P.O. Box
11867, Fresno, CA 93775, Attention: Contracts Section – 6th 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
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not be responsible for any premiums on the policies; that for such worker’s compensation insurance the
CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and employees any
amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that such
Commercial General Liability insurance names the County of Fresno, 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.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
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.
11.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.
12.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
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receipt of any communication from the Director, Office of Federal Activities,
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.
13. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours,
and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of
its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall,
upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
the examination and audit of the California State Auditor for a period of three (3) years after final payment
under contract (Government Code Section 8546.7).
14. 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
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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
15.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
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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
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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
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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;
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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.
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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
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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
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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
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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).)
16. 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
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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
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responsible for all costs incurred as a result of providing the required notification.
17. 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.
18.NOTICES: The persons and their addresses having authority to give and receive notices under
this Agreement include the following:
COUNTY CONTRACTOR
COUNTY OF FRESNO FRESNO ECONOMIC OPPORTUNITES
COMMISION
Director, Department of Public Health CEO
1221 Fulton St 1920 Mariposa St., Ste. 300
Fresno, CA 93721 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 telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
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19. 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/
20. 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.
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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.
21. 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).
22. 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.
23. 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,
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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.
24. 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
25.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.
26.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit
or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its status
to operate as a corporation.
Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing transactions
that they are a party to while CONTRACTOR is providing goods or performing services under this
agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party
and in which one or more of its directors has a material financial interest. Members of the Board of
Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated herein by
reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
immediately thereafter.
27.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.
28.ELECTRONIC SIGNATURE: The parties agree that this Agreement may be executed by
electronic signature as provided in this section. An “electronic signature” means any symbol or process
intended by an individual signing this Agreement to represent their signature, including but not limited to (1)
a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned
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and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of
the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any
administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten
signature of that person. The provisions of this section satisfy the requirements of Civil Code section
1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and
satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
and agrees that each other party may rely upon that representation. This Agreement is not conditioned
upon the parties conducting the transactions under it by electronic means and either party may sign this
Agreement with an original handwritten signature.
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. 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.
///
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Doc ID: 72e9ebd6c092af5f3e8028116f2002a7bd93fa9e
1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written .
3
4
5
CONTRACTOR
Fresno Economic Opportunities
Commission
6 r!k~ ~f, I+----'-'"-----+_,,_ ______ _
(Authorized 'Signature)
7
8 Emilia Reves Chief Executive Officer
Print Name & Title
9
10
1920 Marioosa Street Suite 300
Fresno, CA 93721
11 Mailing Address
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FOR ACCOUNTING USE ONLY:
Fund : 0001
Subclass : 10000
ORG : 56201018 , 56201019
Account: 7295
COUNTY OF FRESNO
Brian Pacheco, 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 : --~___,.,._.__,;,.,c.c...L-----=------=-----
Deputy
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ExhibitA
Page1of5
SCOPE OF WORK
The Fresno County Department of Public Health (CDPH) is in need of vendors to provide COVID-19
and Influenza testing and vaccine administration. Unlicensed and licensed medical staff (Community
Healthcare Workers, Registered Nurses, Licensed Vocational Nurses, Medical Assistants and/or
Certified Nursing Assistants with valid licensure and/or certification in the State of California) and
clerical staff will be needed to conduct clinics that will provide testing and vaccination documentation
through the appropriate state systems to County residents. Clinics will be held through private, public,
and community events to service Fresno County residents.
Clinic events are currently scheduled as follows:
COVID-19 Testing:
Monday-Friday’s: 12:00pm-5:00pm
Saturday’s: 9:00am-2:00pm
COVID-19 Vaccinations:
Tuesday’s, Thursday’s, and Friday’s: 1:00pm-5:00pm
Saturday’s: 10:00am-2:00pm
INFLUENZA/OTHER Testing and Vaccinations:
To Be Determined
COVID-19, Influenza, and other testing and vaccine administration mobile events within the community
will be scheduled as needed.
•Events may be held inside, outside, or as a drive-thru.
•Events may be located anywhere within Fresno County.
•Patients served will be dependent on which vaccine is being administered at the event. The Pfizer
vaccine is authorized for use in individuals 16 years of age and older and for children ages 5
through 11 years old and 6 months to 4 years old (pending approval). The Moderna and Janssen
vaccines are authorized for use in individuals 18 years of age and older. The vendor shall use the
most recent guidance on COVID Vaccine administration available on the CDC website. Here is
an example of EUAs issued for each vaccine that is currently approved:
o Pfizer EUA: https://www.fda.gov/media/144412/download
o Pfizer EUA 5 through 11 years old: Fact Sheet for Recipients - Pfizer-BioNTech
COVID-19 Vaccine for 5 - 11 Years of Age (fda.gov)
o Moderna EUA: https://www.fda.gov/media/144637/download.
o Janssen EUA: Janssen COVID-19 Vaccine EUA Fact Sheet for Recipients and
Caregivers (fda.gov)
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ExhibitA
Page2of5
o Other vaccine requirements may vary. The vendor will be required to adhere to EUA for
specific vaccines as additional vaccines are approved by the Food and Drug
Administration (FDA).
•Vendor will be required to work with the venue host to determine if the vendor will need to
provide tables, chairs, popup tents, etc.
•At County’s request, vendor may be required to conduct a similar event at the same venue in
order to administer required second doses of vaccine. Arrangements for both events shall be
made at the same time. Timing of the second event will depend on the recommended second
dose frequency: Pfizer is currently 21 days and Moderna is one month (see respective EUAs
linked above and CDC clinical considerations linked here: https://www.cdc.gov/vaccines/covid-
19/info-by-product/clinical-considerations.html ). Janssen vaccine is one dose only. Vendor
should always check for CDC and/or vaccine manufacturer updates to these requirements prior
to each event.
•When applicable, the requirement to conduct a second, similar event, and its timing, are subject
to change depending on vaccine availability at the time of the second event and changes in
recommended second dose administration timing.
•Any extra ancillary supplies not included with vaccine shipment must be supplied by vendor if
unavailable through the County.
•The County prefers that the vaccine and ancillary supplies be shipped directly to the vendor
rather than be held by the County prior to the clinic. This will be dependent on the vendor’s
ability to maintain the vaccines at the appropriate temperatures (see Cold Storage Capacity,
below) and the size of the event.
The County will provide the following:
•Venue and direct payment to the venue for any rental costs.
•Clinic date, time, location, and venue contact information.
•Vaccine and ancillary supplies as provided by Fresno CDPH. Depending on the vendor’s cold
chain capabilities and registered provider status, vaccine and ancillary supplies may be shipped
directly to the vendor or picked up at the Fresno County Department of Public Health.
•For Pfizer, Moderna, Janssen, flu, and potentially other vaccines, as well as Monoclonal
Antibody Therapy, we expect the following ancillary supplies to be provided with each 100
vaccine doses.
o 105 needles
o 105 syringes
o 210 alcohol prep pads
o 1 needle information card
o 100 vaccination cards
o 2 disposable face shields
Doc ID: 72e9ebd6c092af5f3e8028116f2002a7bd93fa9e
ExhibitA
Page3of5
o 4 surgical masks
o Cool Cube (if needed)
The vendor will be responsible for the following:
•County prefers vendors to enroll as a provider in the federal COVID-19 Vaccination Program,
utilizing the California Department of Public Health’s (CDPH) COVIDReadi portal and agree
and adhere to all requirements specified in the Provider Agreement. If the provider is not
currently an approved California COVID-19 vaccine provider, then the provider must adhere to
all COVID-19 vaccine handling and reporting requirements established by the State of
California.
•Vendor shall administer the vaccine and enter all vaccinations into the appropriate state system
within 24-hours of administration.
•Vendor is to provide all office supplies, ancillary medical supplies not included with vaccine,
PPE, tables, chairs, tents, etc., if unavailable through the County.
•Vaccine will be transferred according to CDC or VFC recommendations, such as noted in the
CDC’s Vaccine Storage and Handling Toolkit, linked here:
https://www.cdc.gov/vaccines/hcp/admin/storage/toolkit/index.html
•Return unused/unopened vaccines to Fresno CDPH the day of the event, or the day following, as
directed by Fresno CDPH when scheduling each event (to be determined prior to each event.)
However, with County’s permission, the vendor may retain unused vaccines for use on the
following clinic date provided the vendor has appropriate cold storage capacity and the vaccine
will not have expired per manufacturer guidelines.
•If the vendor has vaccines that may expire before it they can be used at an upcoming vendor
event, the vendor will work with the County to ensure any surplus or short-dated doses are
transferred to an approved provider in a timely manner.
•Document and notify Fresno CDPH of any wasted vaccine doses.
•Staff in charge of storage and handling, will complete the 7 EZIZ training modules at the
following website: https://eziz.org/eziz-training/
•Per federal regulations, the vendor is required to provide the appropriate EUA document to all
vaccine recipients:
o Pfizer: https://www.fda.gov/media/144414/download
o Pfizer 5 through 11 years old: Fact Sheet for Recipients - Pfizer-BioNTech COVID-19
Vaccine for 5 - 11 Years of Age (fda.gov)
o Moderna: https://www.fda.gov/media/144638/download
o Janssen: Janssen COVID-19 Vaccine EUA Fact Sheet for Recipients and Caregivers
(fda.gov).
•COVID-19 vaccination providers are required to report the following adverse events after
COVID-19 vaccination, and other adverse events if later revised by CDC, to VAERS:
https://vaers.hhs.gov/reportevent.html or calling 1-800-822-7967.
•Vaccination administration errors, whether or not associated with an adverse event
•Severe COVID-19 illness (e.g., resulting in hospitalization)
Doc ID: 72e9ebd6c092af5f3e8028116f2002a7bd93fa9e
ExhibitA
Page4of5
•Serious adverse events (AE) regardless of causality. Serious AEs are defined as:
o Death
o A life-threatening AE
o Inpatient hospitalization or prolongation of existing hospitalization
o Persistent or significant incapacity or substantial disruption of the ability to
conduct normal life functions
o A congenital anomaly/birth defect
o Multisystem Inflammatory Syndrome
•Important medical events that may not result in death, be life-threatening, or require
hospitalization may be considered serious when based upon appropriate medical judgment, they
may jeopardize the patient and may require medical or surgical intervention to prevent one of the
outcomes listed above
•Also report any additional select adverse events and/or any revised safety reporting requirements
per FDA’s conditions of authorized use of the vaccine(s) throughout the duration of any COVID-
19 Vaccine being authorized under an Emergency Use Authorization (EUA).
•Vendor must make provision for patients with a history of anaphylaxis (due to any cause) to
remain for observation for 30 minutes. For all other persons, the observation period is 15
minutes.
•In the event of an anaphylactic reaction, the vendor must maintain appropriate emergency
equipment at the event to manage anaphylaxis resulting from vaccination. See CDC
recommended equipment linked here: https://www.cdc.gov/vaccines/covid-19/info-by-
product/pfizer/anaphylaxis-management.html. Equipment supply should be sufficient to manage
multiple patients experiencing anaphylaxis.
Vendor Cold Storage:
•Freezer storage capability (-25°C to -15°C/-13°F to 5°F). Freezer make/model: MCA
Corporation MODEL HMCF7W4 – 7 Cubic Feet.
•Refrigerator storage capability (2°C to 8°C/36°F to 40°F). Refrigerator make/model: American
Biotech Supply PH-ABT-HC-UCBI-0404 16 Cubic Feet
•Refrigerator storage capability (2°C to 8°C/36°F to 40°F). Refrigerator make/model: K2
Scientific K204SDR-SL 16 Cubic Feet
*Current calibration certification will be required for freezers/refrigerators.
•The vendor will pick up the necessary number of vaccines from Fresno CDPH and keep the
vaccines in our refrigerators with constant monitoring.
Doc ID: 72e9ebd6c092af5f3e8028116f2002a7bd93fa9e
ExhibitA
Page5of5
•The vendor will utilize qualified transport containers (Cool Cubes) and panels that go inside the
Cool Cubes to keep the vaccines at the recommended temperatures for transport.
•The vendor will utilize two Digital Data Loggers for continuous temperature monitoring during
transport.
•The vendor will utilize transport containers for the purpose of transporting vaccines.
Per the CDC, a “qualified container” is defined as “A type of container and supplies
specifically designed for use when packing vaccines for transport. They are passive containers that do
not require a power source and are ‘qualified’ through laboratory testing under controlled conditions to
ensure they achieve and maintain desired temperatures for a set amount of time.”
(https://www.cdc.gov/vaccines/hcp/admin/storage/toolkit/storage-handling-toolkit.pdf)
An example of a qualified container is linked here: https://www.vericormed.com/product/cooler-cool
cube-08-vaccinetransport-cooler-at-refrigerated-temperatures-fresh-vaccine-vt-08/
Vendor shall submit invoices to:
County of Fresno Department of Public Health
1221 Fresno Street, 6th fl. (Business Office)
Fresno, CA 93721
DPHBOAP@fresnocountyca.gov
KEY RESOURCES:
•CDC's Storage and Handling Toolkit
•CDC's COVID-19 Vaccination Information Page
•Phase Guidance:
o CDC's Phase 1A Powerpoint
o Interim ACIP Guidance
o Early NASEM Phase Guidance
Doc ID: 72e9ebd6c092af5f3e8028116f2002a7bd93fa9e
Total
Program Supervisor .80 FTE 20,800
Data Coordinator .80 19,710
CI/CT/CHW/Resource .80 FTE x 15 CHW's 270,566
Personnel Sub-Total 311,076
Fringe 35,463
Total Personnel 346,539
Communications 4,142
Marketing- Media/ Advertising 120,000
Community Transportation 2,926
Mobile Hotspot Device 8,300
Computers 3,500
Vaccine Clinic Supplies 30,000
Community Medical Supplies 30,000
PPE & Cleaning Supplies 37,500
Consultants, Licensed & Unlicensed 82,800
Vaccine Clinic Facilities Rental 36,000
Liability Insurance 2,035
Software (Scheduling, Cloud) 1,000
Equipment 2,250
Employee Training 1,200
Biohazard Waste Disposal 5,000
Interpretation & Translation 500
Total Operating 367,153
Direct Costs 713,692
Indirect Costs @ 9% 64,232
Total Direct and Indirect 777,924
EOC Subcontracts
Other Costs Subtotal 0
Grand Total 777,924
Operating Costs
Personnel
Budget: April 2022 - September 2022 AAC
Fresno EOC African American Coalition
Exhibit B
Doc ID: 72e9ebd6c092af5f3e8028116f2002a7bd93fa9e
RecordID
Whichtypeof
eventareyou
reporting?
DidyourCBO
hostthisevent
orsupportthis
event?
EventDateEnter
thedateofthe
eventbeing
reported.
Testingor
Vaccine
provider
Othertestingor
vaccineprovider
Pleaseindicate
thehostsite
Enterthenameof
thelocation
(KhalraPark,
OwensPark,
etc.).
EventLocation
AddressEnterthe
streetaddress
wheretheevent
washosted.
EventLocation
City
EventLocation
ZipCode
FresnoEOCAfricanAmericanCoalitionEventTracking
Exhibit C
Page 1 of 2
Doc ID: 72e9ebd6c092af5f3e8028116f2002a7bd93fa9e
Howmanytests
were
administeredat
thisevent?
Totalnumberof
vaccines
administeredat
theevent
HowmanyPfizer
BioNTech
vaccineswere
administered?
Howmany
Modernavaccines
were
administered?
HowmanyJohnson&
Johnson/Janssen
vaccineswere
administered?
Totalvaccines
administered
Totalnumberof
children511
vaccinatedatthe
event
Wasthisevent
cancelled?Mark
yesifCBOstaff
arrivedatthe
event,butthe
eventwas
cancelled.
CBOcompleting
thisform
Exhibit C
Page 2 of 2
Doc ID: 72e9ebd6c092af5f3e8028116f2002a7bd93fa9e
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).
Exhibit D
Page 1 of 2
Doc ID: 72e9ebd6c092af5f3e8028116f2002a7bd93fa9e
(1)CompanyBoardMemberInformation:
Name:Date:
JobTitle:
(2)Company/AgencyNameandAddress:
(3)Disclosure(Pleasedescribethenatureoftheself-dealingtransactionyouareapartyto):
(4)Explainwhythisself-dealingtransactionisconsistentwiththerequirementsofCorporationsCode5233(a):
(5)AuthorizedSignature
Signature:Date:
Exhibit D
Page 2 of 2
Doc ID: 72e9ebd6c092af5f3e8028116f2002a7bd93fa9e