HomeMy WebLinkAboutAgreement A-16-415 with DHHSC.pdf Agreement No. 16-415
1 AGREEMENT
2 This Agreement is made and entered into this 21 st day of ,tune 2016, by and between the
3 COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
4 "COUNTY", the FRESNO COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC
5 AUTHORITY, a corporate public body (hereinafter referred to as "IHSS PUBLIC AUTHORITY",)
6 and DEAF AND HARD OF HEARING SERVICES CENTER, INC., a California corporation,
7 whose address is 5340 N. Fresno Street, Fresno, Ca 93710 hereinafter referred to as
8 "CONTRACTOR".
9 WITNESSETH:
10 WHEREAS, the Americans with Disabilities Act (42 U.S.C. § 12103 et seq.) requires that
11 reasonable auxiliary aids and services be provided to individuals with disabilities; and
12 WHEREAS, COUNTY and IHSS PUBLIC AUTHORITY have a need for American Sign
13 Language (ASL) interpreter services for its employees, patients and clients who seek services from
14 COUNTY's Department of Behavioral Health, Department of Social Services (hereinafter referred to
15 as "DSS", Department of Public Health, Department of Child Support Services, Probation
16 Department, and Library, hereinafter referred to individually as "COUNTY DEPARTMENT" and
17 collectively as "COUNTY DEPARTMENTS", and COUNTY's contracted services providers,
18 including substance abuse services providers; and
19 WHEREAS, IHSS PUBLIC AUTHORITY has a need for ASL interpreter services for
20 employees and clients who seek services from IHSS PUBLIC AUTHORITY; and
21 WHEREAS, COUNTY DEPARTMENTS and IHSS PUBLIC AUTHORITY are also in need of
22 deaf awareness training; and
23 WHEREAS, CONTRACTOR is capable of providing ASL interpreter and deaf awareness
24 training services and is willing to provide these services subject to the terms and conditions of this
25 Agreement.
26 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the
27 parties hereto agree as follows:
28
1 — COUNTY DE PARTMENTS OF FRESNO
Fresno,CA
1 1. SERVICES
2 CONTRACTOR shall provide all services set forth in Exhibit A, Summary of Services,
3 attached hereto and by this reference incorporated and made part of this Agreement, as requested by
4 COUNTY DEPARTMENTS and/or IHSS PUBLIC AUTHORITY.
5 2. TERM
6 The term of this Agreement shall be for a period of three (3) years, commencing on July
7 1, 2016 through and including June 30, 2019. This agreement may be extended for two (2) additional
8 consecutive twelve (12) month periods upon the approval of both parties no later than thirty(30) days
9 prior to the first day of the next twelve month extension period. The Director of DSS or his designee
10 is authorized to execute such written approval on behalf of COUNTY based on CONTRACTOR's
11 satisfactory performance. The Executive Director of IHSS PUBLIC AUTHORITY is authorized to
12 execute such written approval on behalf of IHSS PUBLIC AUTHORITY based on CONTRACTOR's
13 satisfactory performance.
14 3. TERMINATION
15 A. Non-Allocation of Funds - the terms of this Agreement, and the services to be
16 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
17 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
18 terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
19 B. Breach of Contract - COUNTY or IHSS PUBLIC AUTHORITY may
20 immediately suspend or terminate this Agreement in whole or in part, where in the determination of
21 COUNTY or IHSS PUBLIC AUTHORITY there is:
22 1) An illegal or improper use of funds;
23 2) A failure to comply with any term of this Agreement;
24 3) A substantially incorrect or incomplete report submitted by
25 CONTRACTOR;
26 4) Improperly performed service.
27 In no event shall any payment by COUNTY of IHSS PUBLIC
28 AUTHORITY constitute a waiver by COUNTY or IHSS PUBLIC AUTHORITY of any breach of this
— 2 — COUNIY DFPARTMI,NTS OI'hRIsSNO
Fresno,CA
1 Agreement or any default which may then exist on the part of CONTRACTOR. Neither shall such
2 payment impair or prejudice any remedy available to COUNTY with respect to the breach or default.
3 COUNTY shall have the right to demand of CONTRACTOR the repayment to COUNTY of any
4 funds disbursed to CONTRACTOR under this Agreement, which in the judgment of COUNTY were
5 not expended in accordance with the terms of this Agreement. CONTRACTOR shall promptly refund
6 any such funds upon demand or, at COUNTY's or IHSS PUBLIC AUTHORITY's discretion such
7 repayment shall be deducted from future payments owing to CONTRACTOR under this Agreement.
8 C. Without Cause - Under circumstances other than those set forth above,this
9 Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DSS Director or
10 designee, or IHSS PUBLIC AUTHORITY, upon the giving of thirty(30) days advance written notice
11 of an intention to terminate the Agreement.
12 Termination of this Agreement by COUNTY does not affect the Agreement as it relate
13 to the CONTRACTOR and IHSS PUBLIC AUTHORITY. Termination of this Agreement by IHSS
14 PUBLIC AUTHORITY does not affect the Agreement as it relates to the COUNTY.
15 4. COMPENSATION
16 For actual services provided as identified in the terms and conditions of this Agreement,
17 including Exhibit A, COUNTY and IHSS PUBLIC AUTHORITY agree to pay CONTRACTOR and
18 CONTRACTOR agrees to receive compensation in accordance with Exhibit B, Interpreting and
19 Training Services Rates, attached hereto and by this reference incorporated herein. Mandated travel
20 shall be reimbursed based on actual expenditures and mileage reimbursement shall be at
21 CONTRACTOR's adopted rate per mile, not to exceed the IRS published rate. Payment shall be
22 made upon certification or other proof satisfactory to COUNTY and IHSS PUBLIC AUTHORITY
23 that services have actually been performed by CONTRACTOR as specified in this Agreement.
24 For each twelve (12) month period of this Agreement, in no event shall services
25 performed under this Agreement be in excess of One Hundred Seventy Four Thousand Three Hundred
26 Forty and No/100 Dollars ($174,340.00). The cumulative total of this Agreement shall not be in
27 excess of Eight Hundred Seventy One Thousand Seven Hundred and No/100 Dollars ($871,700.00).
28 It is understood that all expenses incidental to CONTRACTOR's performance of services under this
— 3 — COUNTY DE ARTMENi'S OF FRESNO
Fresno,CA
1 Agreement shall be borne by CONTRACTOR.
2 Except as provided below regarding State payment delays,payments by COUNTY and
3 IHSS PUBLIC AUTHORITY shall be in arrears, for services provided during the preceding month,
4 within forty-five (45) days after receipt, verification and approval of CONTRACTOR's invoices by
5 COUNTY and IHSS PUBLIC AUTHORITY. If CONTRACTOR should fail to comply with any
6 provision of this Agreement, COUNTY and IHSS PUBLIC AUTHORITY shall be relieved of their
7 obligation for further compensation. All final claims requests shall be submitted by CONTRACTOR
8 within sixty (60) days following the final month of service for which payment is claimed. No action
9 shall be taken by COUNTY and IHSS PUBLIC AUTHORITY on claims submitted beyond the sixty
10 (60) day closeout period. Any compensation which is not expended by CONTRACTOR pursuant to
11 the terms and conditions of this Agreement shall automatically revert to COUNTY and IHSS PUBLIC
12 AUTHORITY.
13 The services provided by CONTRACTOR under this Agreement are funded in whole or
14 in part by the State of California. In the event that funding for these services is delayed by the State
15 Controller, COUNTY and IHSS PUBLIC AUTHORITY may defer payment to CONTRACTOR. The
16 amount of the deferred payment shall not exceed the amount of funding delayed by the State
17 Controller to COUNTY and IHSS PUBLIC AUTHORITY. The period of time of the deferral by
18 COUNTY shall not exceed the period of time of the State Controller's delay of payment to COUNTY
19 plus forty-five (45) days.
20 5. INVOICING
21 CONTRACTOR shall invoice COUNTY and IHSS PUBLIC AUTHORITY in arrears
22 by the tenth(I01h) of each month for actual expenses incurred and services rendered in the previous
23 month to the requesting COUNTY DEPARTMENTS or IHSS PUBLIC AUTHORITY as follows:
24 A. Department of Social Services
25 E-mail address: DSSInvoicesaco.fresno.ca.us
26 Attention: Language Services Contract Analyst
27
28
4 — COUNTY DE:PAlUTAMENTS OF FRESNO
Fresno,CA
1 B. Department of Behavioral Health
2 P.O Box 712
3 Fresno, CA 93712
4 Attention: Accounts Payable
5 C. Department of Public Health
6 P.O. Box 11867
7 Fresno, CA 93775
8 Attention: Language Services Contract Analyst
9 D. IHSS PUBLIC AUTHORITY
10 E-mail address: DSSInvoicesnco.fresno.ca.us
11 Attention: Language Services Contract Analyst
12 E. Probation Department
13 3333 E. American Avenue, Suite B
14 Fresno, CA 93725
15 F. Department of Child Support Services
16 Attn: Accounts Payable
17 P.O. Box 12946
18 Fresno, CA 93779-2946
19 G. County Public Library
20 2420 Mariposa Street
21 Fresno, CA 93721
22 Attention: Business Office
23 Invoices shall identify the COUNTY DEPARTMENT or IHSS PUBLIC AUTHORITY
24 that requested services and the appropriate cost center. No reimbursement for services shall be made
25 until invoices are reviewed and approved by the COUNTY or IHSS PUBLIC AUTHORITY.
26 At the discretion of a COUNTY DEPARTMENTS' Director or designee, or IHSS
27 PUBLIC AUTHORITY's Executive Director or designee, if an invoice is incorrect or is otherwise not
28 in proper form or substance, COUNTY DEPARTMENTS' Director or designee, or IHSS PUBLIC
— 5 — COUNTY DEPARTMENTS OI^RU"SNO
Fresno,CA
1 AUTHORITY's Executive Director, shall have the right to withhold payment as to only that portion of
2 the invoice that is incorrect or improper after five (5) days prior notice to CONTRACTOR.
3 CONTRACTOR agrees to continue to provide services for a period of ninety (90) days after
4 notification of an incorrect or improper invoice. If after the ninety (90) day period, the invoice(s) is
5 still not corrected to COUNTY DEPARTMENTS' and IHSS PUBLIC AUTHORITY's satisfaction,
6 COUNTY or COUNTY's DSS Director or designee may elect to terminate this Agreement on behalf
7 of COUNTY, and IHSS PUBLIC AUTHORITY's Executive Director may elect to terminate this
8 Agreement on behalf of IHSS PUBLIC AUTHORITY, pursuant to the termination provisions stated in
9 Paragraph Three (3) of this Agreement. In addition, for invoices received ninety (90) days after the
10 expiration of each terin of this Agreement or termination of this Agreement, at the discretion of
11 COUNTY DEPARTMENTS' Director or designee or IHSS PUBLIC AUTHORITY's Executive
12 Director shall have the right to deny payment of any additional invoices received.
13 6. INDEPENDENT CONTRACTOR
14 In performance of the work, duties, and obligations assumed by CONTRACTOR under
15 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
16 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
17 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
18 employee,joint venture, partner, or associate of COUNTY nor IHSS PUBLIC AUTHORITY.
19 Furthermore, COUNTY and IHSS PUBLIC AUTHORITY shall have no right to control or supervise
20 or direct the manner or method by which CONTRACTOR shall perform its work and function.
21 However, COUNTY and IHSS PUBLIC AUTHORITY shall retain the right to administer this
22 Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
23 terms and conditions thereof. CONTRACTOR and COUNTY and IHSS PUBLIC AUTHORITY shall
24 comply with all applicable provisions of law and the rules and regulations, if any, of governmental
25 authorities having jurisdiction over matters which are directly or indirectly the subject of this
26 Agreement.
27 Because of its status as an independent contractor, CONTRACTOR shall have
28 absolutely no right to employment rights and benefits available to COUNTY or IHSS PUBLIC
— 6 — COUNTY DETARTMENTS OF FR] SNO
Fresno,CA
1 AUTHORITY employees. CONTRACTOR shall be solely liable and responsible for providing to, or
2 on behalf of, its employees all legally-required employee benefits. In addition, CONTRACTOR shall
3 be solely responsible and save COUNTY and IHSS PUBLIC AUTHORITY harmless from all matters
4 relating to payment of CONTRACTOR's employees, including compliance with Social Security,
5 withholding, and all other regulations governing such matters. It is acknowledged that during the term
6 of this Agreement, CONTRACTOR may be providing services to others unrelated to COUNTY or
7 IHSS PUBLIC AUTHORITY or to this Agreement.
8 7. MODIFICATION
9 A. Any matters of this Agreement may be modified from time to time by the written
10 consent of all the parties without, in any way, affecting the remainder.
11 B. CONTRACTOR hereby agrees that changes to the compensation under this
12 Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
13 COUNTY's DSS Director or designee or IHSS PUBLIC AUTHORITY's Executive Director may
14 modify the maximum compensation depending on State and Federal funding availability, as stated in
15 Section Four(4) in this Agreement. CONTRACTOR further understands that this Agreement is
16 subject to any restrictions, limitations or enactments of all legislative bodies which affect the
17 provisions, term or funding of this Agreement in any manner.
18 8. NON-ASSIGNMENT
19 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
20 duties under this Agreement without the prior written consent of the other party.
21 9. HOLD-HARMLESS
22 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY and/or
23 IHSS PUBLIC AUTHORITY's request, defend COUNTY and/or IHSS PUBLIC AUTHORITY, its
24 officers, agents and employees from any and all costs and expenses, including attorney fees and court
25 costs, damages, liabilities, claims and losses occurring or resulting to COUNTY and/or IHSS PUBLIC
26 AUTHORITY in connection with the performance, or failure to perform, by CONTRACTOR, its
27 officers, agents or employees under this Agreement, and from any and all costs and expenses,
28 including attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
- 7 - COUNTY DEPARTMENTS OF FRESNO
Fmsno,CA
1 any person, firm or corporation who may be injured or damaged by the performance, or failure to
2 perform by CONTRACTOR, its officers, agents or employees under this Agreement. In addition,
3 CONTRACTOR agrees to indemnify COUNTY and/or IHSS PUBLIC AUTHORITY for Federal,
4 State of California and/or local audit exceptions resulting from noncompliance herein on the part of
5 the CONTRACTOR.
6 10. SERVICES AT THE JUVENILE JUSTICE CAMPUS
7 For services provided under this Agreement to COUNTY'S Probation Department
8 within the Juvenile Justice Campus' Commitment Facilities (JJC), the CONTRACTOR shall:
9 A. Comply with all Prison Rape Elimination Act(PREA) (42 U.S.C. § 1560let seq.)
10 standards for juvenile correctional facilities. Pursuant to federal regulations(28 CFR
11 §115.332),the Probation Department will provide training to CONTRACTOR's
12 personnel regarding their responsibilities under the Department's sexual abuse and
13 sexual harassment prevention, detection, and response policies and procedures at no
14 cost to CONTRACTOR.; and
15 B. Advise its staff of the possibility that a hostage taking incident could occur at any time
16 at the JJC, and of the JJC"No Hostage"policy(attached hereto as Exhibit E and
17 incorporated herein by this reference), which generally means that there will be no
18 bargaining for the release of hostages in exchange for the release of incarcerated youth.
19 11. INSURANCE
20 Without limiting COUNTY's and/or IHSS PUBLIC AUTHORITY's right to obtain
21 indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall
22 maintain in full force and effect the following insurance policies throughout the term of this
23 Agreement:
24 A. Commercial General Liability
25 Commercial General Liability Insurance with limits of not less than One Million
26 Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
27 Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
28 COUNTY DEPARTMENTS may require specific coverage including completed
— 8 — COUNTY DEPARTMENTS OF FRLSNO
Fresno,CA
1 operations, product liability, contractual liability, Explosion, Collapse, and
2 Underground (XCU), fire legal liability or any other liability insurance deemed
3 necessary because of the nature of the Agreement.
4 B. Automobile Liability
5 Comprehensive Automobile Liability Insurance with limits for bodily injury of
6 not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
7 Hundred Thousand Dollars ($500,000) per accident and for property damages of
8 not less than Fifty Thousand Dollars ($50,000), or such coverage with a
9 combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
10 should include owned and non-owned vehicles used in connection with this
11 Agreement.
12 C. Professional Liability
13 If CONTRACTOR employs licensed professional staff(e.g. Ph.D., R.N.,
14 L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with
15 limits of not less than One Million Dollars ($1,000,000)per occurrence, Three
16 Million Dollars ($3,000,000) annual aggregate.
17 D. Worker's Compensation
18 A policy of Worker's Compensation Insurance as may be required by the California
19 Labor Code.
20 CONTRACTOR shall obtain endorsements to the Commercial General Liability
21 insurance naming the COUNTY and IHSS PUBLIC AUTHORITY, their, officers, agents, and
22 employees, individually and collectively, as additional insureds, but only insofar as the operations
23 under this Agreement are concerned. Such coverage for additional insured shall apply as primary
24 insurance and any other insurance, or self-insurance, maintained by COUNTY and IHSS
25 AUTHORITY, their officers, agents and employees shall be excess only and not contributing with
26 insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or
27 changed without a minimum of thirty(30) days advance written notice given to COUNTY and IHSS
28 PUBLIC AUTHORITY.
— 9 — COUNTY DETARTMEN`i'S OF FRESNO
Fresno,CA
1 Within thirty (30) days from the date CONTRACTOR signs this Agreement,
2 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the
3 foregoing policies, as required herein, to the COUNTY and IHSS PUBLIC AUTHORITY at the
4 Department of Social Services, PO BOX 1912, Fresno, California, 93718-1912, Attention. Contracts,
5 stating that such insurance coverages have been obtained and are in full force; that the COUNTY and
6 IHSS PUBLIC AUTHORITY, their officers, agents and employees will not be responsible for any
7 premiums on the policies; that such Commercial General Liability insurance names the COUNTY and
8 IHSS PUBLIC AUTHORITY, their officers, agents and employees, individually and collectively, as
9 additional insured, but only insofar as the operations under this Agreement are concerned; that such
10 coverage for additional insured shall apply as primary insurance and any other insurance, or self-
11 insurance, maintained by COUNTY and IHSS PUBLILC AUTHORITY, their officers, agents and
12 employees, shall be excess only and not contributing with insurance provided under
13 CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a
14 minimum of thirty(30) days advance, written notice given to COUNTY and IHSS PUBLIC
15 AUTHORITY.
16 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
17 herein provided, COUNTY and/or IHSS PUBLIC AUTHORITY may, in addition to other remedies it
18 may have, suspend or terminate this Agreement upon the occurrence of such event.
19 All policies shall be with admitted insurers licensed to do business in the State of
20 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
21 of A FSC VII or better.
22 12. SUBCONTRACTS
23 CONTRACTOR shall obtain written approval from COUNTY's DSS Director, or
24 designee and IHSS PUBLIC AUTHORITY before subcontracting any of the services delivered under
25 this Agreement. Any Transferee, assignee or subcontractor will be subject to all applicable provision
26 of this Agreement, and all applicable State and Federal regulations. CONTRACTOR shall be held
27 primarily responsible by COUNTY and IHSS PUBLIC AUTHORITY for the performance of any
28 transferee, assignee or subcontractor unless otherwise expressly agreed to in writing by COUNTY and
— 10 — COUNTY DEPAIU-Nfl NTS OF FRESNO
Fresno,CA
1 IHSS PUBLIC AUTHORITY the use of subcontractors by CONTRACTOR shall not entitle
2 CONTRACTOR to any additional compensation than is provided for under this Agreement.
3 13. CONFIDENTIALITY AND MEDI-CAL PRIVACY
4 All services performed by CONTRACTOR under this Agreement shall be in strict
5 conformance with all applicable Federal, State of California, and/or local laws and regulations relating
6 to confidentiality including, but not limited to: California Welfare and Institutions Code Sections
7 10850 and 14100.2; the CDSS Manual of Policies and Procedures, Division 19-0000; and the
8 California Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual,
9 Section 2H. In addition, all services performed by CONTRACTOR under this Agreement shall also
10 be in conformance with the Medi-Cal Data Privacy and Security Agreement between the California
11 DHCS and the COUNTY DEPARTMENTS of Fresno (hereinafter referred to as "the Medi-Cal Data
12 Agreement")that is then in effect, which is by this reference incorporated herein. The current Medi-
13 Cal Data Agreement is available upon request or can be viewed at:
14 http://www.co.fresno.ca.us/MediCalPrivacy/. The purpose of this section is to assure that all
15 applications and records concerning program recipients shall be kept confidential and shall not be
16 opened to examination, publicized, disclosed, or used for any purpose not directly connected with the
17 administration of the program. CONTRACTOR shall inform all of its employees, agents, officers,
18 and subcontractors of this provision; and that any person knowingly and intentionally violating this
19 provision is guilty of a misdemeanor.
20 14. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
21 A. The parties to this Agreement shall be in strict conformance with all applicable
22 Federal and State of California laws and regulations, including but not limited to Sections 5328,
23 10850, and 14100.2 et seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. of
24 Title 42, Code of Federal Regulations (CFR), Section 56 et seq. of the California Civil Code, Sections
25 11977 and 11812 of Title 22 of the California Code of Regulations, and the Health Insurance
26 Portability and Accountability Act(HIPAA), including but not limited to Section 1320 D et seq. of
27 Title 42, United States Code (USC) and its implementing regulations, including, but not limited to
28 Title 45, CFR, Sections 142, 160, 162, and 164, and The Health Information Technology for
11 — COUNTY DL'sl'AR INIENTs OF FRBSNO
Fresno,CA
1 Economic and Clinical Health Act (HITECH) regarding the confidentiality and security of patient
2 information.
3 Except as otherwise provided in this Agreement, CONTRACTOR, as a Business
4 Associate of COUNTY and IHSS PUBLIC AUTHORITY, may use or disclose Protected Health
5 Information (PHI) to perform functions, activities or services for or on behalf of COUNTY and IHSS
6 PUBLIC AUTHORITY, as specified in this Agreement, provided that such use or disclosure shall not
7 violate the Health Insurance Portability and Accountability Act(HIPAA), USC 1320d et seq. The
8 uses and disclosures of PHI may not be more expansive than those applicable to COUNTY and IHSS
9 PUBLIC AUTHORITY, DEPARTMENTS, as the "Covered Entity" under the HIPAA Privacy Rule
10 (45 CFR 164.500 et seq.), except as authorized for management, administrative or legal
11 responsibilities of the Business Associate.
12 B. CONTRACTOR shall protect, from unauthorized access, use, or disclosure of
13 names and other identifying information concerning persons receiving services pursuant to this
14 Agreement, except where permitted in order to carry out data aggregation purposes for health care
15 operations [45 CFR Sections 164.504 (e)(2)(i), 164.504 (3)(2)(ii)(A), and 164.504 (e)(4)(i)] This
16 pertains to any and all persons receiving services pursuant to a COUNTY and IHSS PUBLIC
17 AUTHORITY funded program. CONTRACTOR shall not use such identifying information for any
18 purpose other than carrying out CONTRACTOR's obligations under this Agreement.
19 C. CONTRACTOR shall not disclose any such identifying information to any
20 person or entity, except as otherwise specifically permitted by this Agreement, authorized by law, or
21 authorized by the client/patient.
22 D. For purposes of the above sections, identifying information shall include, but not
23 be limited to name, identifying number, symbol, or other identifying particular assigned to the
24 individual, such as finger or voice print, or a photograph.
25 E. CONTRACTOR shall provide access, at the request of COUNTY and/or IHSS
26 PUBLIC AUTHORITY, and in the time and manner designated by COUNTY and/or IHSS PUBLIC
27 AUTHORITY, to PHI in a designated record set(as defined in 45 CFR Section 164.501), to an
28 individual or to COUNTY DEPARTMENTS in order to meet the requirements of 45 CFR
— 12 — COUNTY DEPARTMENTS O 'PRESNO
Fresno,CA
1 Section164.524 regarding access by individuals to their PHI.
2 CONTRACTOR shall make any amendment(s)to PHI in a designated record set
3 at the request of COUNTY DEPARTMENTS, and in the time and manner designated by COUNTY
4 DEPARTMENTS in accordance with 45 CFR Section 164.526.
5 CONTRACTOR shall provide to COUNTY DEPARTMENTS or to an
6 individual, in a time and manner designated by COUNTY DEPARTMENTS, information collected in
7 accordance with 45 CFR Section 164.528, to permit COUNTY DEPARTMENTS to respond to a
8 request by the individual for an accounting of disclosures of PHI in accordance with 45 CFR Section
9 164.528.
10 F. CONTRACTOR shall report to COUNTY DEPARTMENTS, in writing, any knowledge
11 or reasonable belief that there has been unauthorized access, viewing, use, disclosure, or breach of
12 Protected Information not permitted by this Agreement, and any breach of unsecured PHI of which it
13 becomes aware, immediately and without reasonable delay and in no case later than two (2)business
14 days of discovery. Immediate notification shall be made to COUNTY DEPARTMENTS'
15 Information Security Officer and Privacy Officer and COUNTY DEPARTMENTS' Department of
16 Behavioral Health HIPAA Representative, within two (2) business days of discovery. The
17 notification shall include, to the extent possible, the identification of each individual whose unsecured
18 PHI has been, or is reasonably believed to have been, accessed, acquired, used, disclosed, or
19 breached. CONTRACTOR shall take prompt corrective action to cure any deficiencies and any
20 action pertaining to such unauthorized disclosure required by applicable Federal and State Laws and
21 regulations. CONTRACTOR shall investigate such breach and is responsible for all notifications
22 required by law and regulation or deemed necessary by COUNTY DEPARTMENTS and shall
23 provide a written report of the investigation and reporting required to COUNTY DEPARTMENTS'
24 Information Security Officer and Privacy Officer and COUNTY DEPARTMENTS Department of
25 Behavioral Health HIPAA Representative. This written investigation and description of any
26 reporting necessary shall be postmarked within the thirty (30) working days of the discovery of the
27 breach to the addresses below:
28
13 — COUNTY DEPARTMENTS OF FRESNO
Fresno,CA
1 County of Fresno County of Fresno County of Fresno
2 Dept. of Public Health Dept. of Public Health Information Technology Services
HIPAA Representative Privacy Officer Information Security Officer
3 (559) 600-6439 (559) 600-6405 (559) 600-5800
P.O. Box 11867 P.O. Box 11867 2048 N. Fine Street
4 Fresno, CA 93775 Fresno, CA 93775 Fresno, CA 93727
5 Dept. of Behavioral Health
6 HIPAA Representative
(559) 600-9180
7 4441 E. Kings Canyon
8 Fresno, CA 93702
9 G. CONTRACTOR shall make its internal practices, books, and records relating to the
10 use and disclosure of PHI received from COUNTY DEPARTMENTS, or created or received by the
11 CONTRACTOR on behalf of COUNTY DEPARTMENTS, available to the United States Department of
12 Health and Human Services upon demand.
13 H. SAFEGUARDS:
14 CONTRACTOR shall implement administrative,physical, and technical safeguards
15 as required by 45 CFR 164.308, 164.310, and 164.312 that reasonably and appropriately protect the
16 confidentiality, integrity, and availability of PHI, including electronic PHI,that it creates, receives,
17 maintains or transmits on behalf of COUNTY DEPARTMENTS; and to prevent access,use or disclosure
18 of PHI other than as provided for by this Agreement. CONTRACTOR shall develop and maintain a
19 written information privacy and security program that includes administrative,technical and physical
20 safeguards appropriate to the size and complexity of CONTRACTOR's operations and the nature and
21 scope of its activities. Upon COUNTY DEPARTMENTS' request, CONTRACTOR shall provide
22 COUNTY DEPARTMENTS with information concerning such safeguards.
23 CONTRACTOR shall implement strong access controls and other security
24 safeguards and precautions in order to restrict logical and physical access to confidential,personal (e.g.,
25 PHI)or sensitive data to authorized users only. Said safeguards and precautions shall include the
26 following administrative and technical password controls for all systems used to process or store
27 confidential, personal, or sensitive data:
28
14 — COUNTY DFITARTMENTS OF FRESNO
Fresno,CA
1 1. Passwords must not:
2 a. Shared or written down where they are accessible or recognized by
3 by anyone else; such as taped to the computer screen, stored under keyboards, or visible in work areas;
4 b. a dictionary word; a
5 C. stored in a clear text
6 2. a. Eight(8) characters or more in length;
7 b. changed every ninety(90) days
8 C. changed immediately, if revealed or compromised; and
9 d. composed of characters from at least three of the following four groups of
10 the standard keyboard:
11 1) Upper case letters (A-Z);
12 2) Lower case letters (a-z);
13 3) Arabic numbers (0 through 9); and
14 4) Non-alphanumeric characters (punctuation symbols).
15 CONTRACTOR shall implement the following security controls on each
16 workstation or portable computing device (e.g., laptop computer) containing confidential,
17 personal, or sensitive data:
18 1. Network-based firewall and/or personal firewall;
19 2. Continuously updated anti-virus software; and
20 3. Patch management process including installation of all operating
21 system/software vendor security patches.
22 CONTRACTOR shall utilize a commercial encryption solution that has received
23 FIPS 140-2 validation to encrypt all confidential,personal, or sensitive data stored on portable
24 electronic media(including, but not limited to, compact disks and thumb drives) and on portable
25 computing devices (including, but not limited to, laptop and notebook computers).
26 CONTRACTOR shall not transmit confidential, personal, or sensitive data via e-
2 7 mail or other internet transport protocol unless the data is encrypted by a solution that has been
28 validated by the National Institute of Standards and Technology (MIST) as conforming to the Advanced
- is — COUNTY DI:PAR` MEN1 S OF I IU'SNO
Fresno,CA
1 Encryption Standard (AES) Algorithm.
2 I. Mitigation of Harmful Effects
3 CONTRACTOR shall mitigate, to the extent practicable, any harmful effect that
4 is known to CONTRACTOR of an unauthorized access, viewing, use, disclosure, or breach of PHI by
5 CONTRACTOR or its subcontractors in violation of the requirements of these provisions.
6 J. Contractor's Subcontractors
7 CONTRACTOR shall ensure that any of its contractors, including
8 subcontractors, if applicable, to whom CONTRACTOR provides PHI received from or created or
9 received by CONTRACTOR on behalf of COUNTY DEPARTMENTS, agree to the same restrictions
10 and conditions that apply to CONTRACTOR with respect to such PHI; and to incorporate, when
11 applicable, the relevant provisions of these provisions into each subcontract or sub-award to such
12 agents or subcontractors.
13 CONTRACTOR shall ensure that any of its contractors, including
14 subcontractors, if applicable, to whom CONTRACTOR provides PHI received from or created or
15 received by CONTRACTOR on behalf of COUNTY DEPARTMENTS, agree to the same restrictions
16 and conditions that apply to CONTRACTOR with respect to such PHI; and to incorporate, when
17 applicable, the relevant provisions of these provisions into each subcontract or sub-award to such
18 agents or subcontractors.
19 K. Employee Training- and Discipline
20 CONTRACTOR shall train and use reasonable measures to ensure compliance
21 with the requirements of these provisions by employees who assist in the performance of functions or
22 activities on behalf of COUNTY DEPARTMENTS under this Agreement and use or disclose PHI and
23 discipline such employees who intentionally violate any provisions of these provisions, including
24 termination of employment.
2 5 L. Termination for Cause
26 Upon COUNTY DEPARTMENTS' knowledge of a material breach of the
27 provisions of this Section 15 by CONTRACTOR, COUNTY DEPARTMENTS shall either:
28
16 — COUNJY DEPARTMENTS OF FRESNO
Fresno,CA
1 1. Provide an opportunity for CONTRACTOR to cure the breach or end the
2 violation and terminate this Agreement if CONTRACTOR does not cure the breach or end the
3 violation within the time specified by COUNTY DEPARTMENTS; or
4 2. Immediately terminate this Agreement if CONTRACTOR has breached a
5 material term of these provisions and cure is not possible.
6 3. If neither cure nor termination is feasible, the COUNTY
7 DEPARTMENTS Privacy Officer shall report the violation to the Secretary of the U.S. Department
8 of Health and Human Services.
9 M. Judicial or Administrative Proceedings
10 COUNTY DEPARTMENTS may terminate this Agreement in accordance with
11 the terms and conditions of this Agreement as written hereinabove, if: (1) CONTRACTOR is found
12 guilty in a criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH
13 Act; or(2) a finding or stipulation that the CONTRACTOR has violated a privacy or security standard
14 or requirement of the HITECH Act, HIPAA; or other security or privacy laws in an administrative or
15 civil proceeding in which the CONTRACTOR is a party.
16 N. Effect of Termination
17 Upon termination or expiration of this Agreement for any reason,
18 CONTRACTOR shall return or destroy all PHI received from COUNTY DEPARTMENTS (or
19 created or received by CONTRACTOR on behalf of COUNTY DEPARTMENTS) that
20 CONTRACTOR still maintains in any form, and shall retain no copies of such PHI. If return or
21 destruction of PHI is not feasible, it shall continue to extend the protections of these provisions to such
22 information, and limit further use of such PHI to those purposes that make the return or destruction of
23 such PHI infeasible. This provision shall apply to PHI that is in the possession of subcontractors or
24 agents, if applicable, of CONTRACTOR. If Contractor destroys the PHI data, a certification of date
25 and time of destruction shall be provided to the COUNTY DEPARTMENTS by CONTRACTOR.
26
27
28
17 — COUNTY DETARTME'NTS O FRESNO
Fresno,CA
1 O. Disclaimer
2 COUNTY DEPARTMENTS makes no warranty or representation that
3 compliance by CONTRACTOR with these provisions, the HITECH Act, HIPAA or the HIPAA
4 regulations will be adequate or satisfactory for CONTRACTOR's own purposes or that any
5 information in CONTRACTOR's possession or control, or transmitted or received by
6 CONTRACTOR, is or will be secure from unauthorized access, viewing, use, disclosure, or breach.
7 CONTRACTOR is solely responsible for all decisions made by CONTRACTOR regarding the
8 safeguarding of PHI.
9 P. Amendment
10 The parties acknowledge that Federal and State laws relating to electronic data
11 security and privacy are rapidly evolving and that amendment of these provisions may be required to
12 provide for procedures to ensure compliance with such developments. The parties specifically agree
13 to take such action as is necessary to amend this agreement in order to implement the standards and
14 requirements of HIPAA, the HIPAA regulations, the HITECH Act and other applicable laws relating
15 to the security or privacy of PHI. COUNTY DEPARTMENTS may terminate this Agreement upon
16 thirty (30) days written notice in the event that CONTRACTOR does not enter into an amendment
17 providing assurances regarding the safeguarding of PHI that COUNTY DEPARTMENTS in its sole
18 discretion, deems sufficient to satisfy the standards and requirements of HIPAA, the HIPAA
19 regulations and the HITECH Act.
20 Q. No Third-Party Beneficiaries
21 Nothing express or implied in the terms and conditions of these provisions is
22 intended to confer, nor shall anything herein confer, upon any person other than COUNTY
23 DEPARTMENTS or CONTRACTOR and their respective successors or assignees, any rights,
24 remedies, obligations or liabilities whatsoever.
2 5 R. Interpretation
26 The terms and conditions in these provisions shall be interpreted as broadly as
27 necessary to implement and comply with HIPAA, the HIPAA regulations and applicable State laws.
28 The parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved
— 18 — COUNTY DEPARTMENTS OF FRESNO
Fresno,CA
1 in favor of a meaning that complies and is consistent with HIPAA and the HIPAA regulations.
2 S. Regulatory References
3 A reference in the terms and conditions of these provisions to a section in the
4 HIPAA regulations means the section as in effect or as amended.
5 T. Survival
6 The respective rights and obligations of CONTRACTOR as stated in this Section
7 shall survive the termination or expiration of this Agreement.
8 U. No Waiver of Obligations
9 No change, waiver or discharge of any liability or obligation hereunder on any
10 one or more occasions shall be deemed a waiver of performance of any continuing or other obligation,
11 or shall prohibit enforcement of any obligation on any other occasion.
12 15. CHILD ABUSE REPORTING
13 CONTRACTOR shall utilize a procedure acceptable to COUNTY and IHSS PUBLIC
14 AUTHORITY to ensure that all of CONTRACTOR'S employees, volunteers, consultants,
15 subcontractors or agents performing services under this Agreement shall report all known or suspected
16 child abuse or neglect to one or more of the agencies set forth in Penal Code Section 11165.9. The
17 procedure shall include having all of CONTRACTOR'S employees, volunteers, consultants,
18 subcontractors or agents performing services under this Agreement sign a statement that he or she
19 knows and will comply with the reporting requirements set forth in Exhibit D, attached hereto and by
20 this reference incorporated herein.
21 16. DATA SECURITY
22 For the purpose of preventing the potential loss, misappropriation or inadvertent
23 disclosure of COUNTY and IHSS PUBLIC AUTHORITY data including sensitive or personal client
24 information; abuse of COUNTY and IHSS PUBLIC AUTHORITY resources; and/or disruption to
25 COUNTY and IHSS PUBLIC AUTHORITY operations, individuals and/or agencies that enter into a
26 contractual relationship with COUNTY and IHSS PUBLIC AUTHORITY for the purpose of
27 providing services under this Agreement must employ adequate data security measures to protect the
28 confidential information provided to CONTRACTOR by COUNTY and IHSS PUBLIC
— 19 — COUNTY DETARTNIC:NTS OF FRF"SNO
Fresno,CA
1 AUTHORITY, including but not limited to the following:
2 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
3 COUNTY and IHSS PUBLIC AUTHORITY networks via personally owned mobile, wireless or
4 handheld devices, except when authorized by COUNTY and IHSS PUBLIC AUTHORITY for
5 telecommuting and then only if virus protection software currency agreements are in place and if a
6 secure connection is used.
7 B. Contractor-Owned Computers or Computer Peripherals may not brought into
8 COUNTY and IHSS PUBLIC AUTHORITY for use, including and not limited to mobile storage
9 devices, without prior authorization from COUNTY and IHSS PUBLIC AUTHORITY Chief
10 Information Officer or her designee. Data must be stored on a secure server approved by COUNTY
11 and IHSS PUBLIC AUTHORITY and transferred by means of a VPN (Virtual Private Network)
12 connection, or another type of secure connection of this type if any data is approved to be transferred.
13 C. COUNTY DEPARTMENT-Owned or IHSS PUBLIC AUTHORITY-Owned
14 Computer Equipment—CONTRACTOR or anyone having an employment relationship with
15 COUNTY and IHSS PUBLIC AUTHORITY may not use COUNTY and IHSS PUBLIC
16 AUTHORITY computers or computer peripherals on non-COUNTY and IHSS PUBLIC
17 AUTHORITY premises without prior authorization from COUNTY and IHSS PUBLIC
18 ( AUTHORITY's Chief Information Officer or her designee.
19 D. CONTRACTOR may not store COUNTY and IHSS PUBLIC AUTHORITY 's
20 private, confidential or sensitive data on any hard-disk drive.
21 E. CONTRACTOR is responsible to employ strict controls to insure the integrity
22 and security of COUNTY and IHSS PUBLIC AUTHORITY's confidential information and to prevent
23 unauthorized access to data maintained in computer files, program documentation, data processing
24 systems, data files and data processing equipment which stores or processes COUNTY and IHSS
25 PUBLIC AUTHORITY's data internally and externally.
26 F. Confidential client information transmitted to one party by the other by means of
27 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of
28 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
— 20 — COUNTY DEPARTINIENTS Oh FRESNO
Fresno,CA
1 G. CONTRACTOR is responsible to immediately notify COUNTY and IHSS
2 PUBLIC AUTHORITY of any breaches or potential breaches of security related to COUNTY and
3 IHSS PUBLIC AUTHORITY's confidential information, data maintained in computer files,program
4 documentation, data processing systems, data files and data processing equipment which stores or
5 processes COUNTY and IHSS PUBLIC AUTHORITY data internally or externally.
6 H. In the event of a breach of security related to COUNTY and IHSS PUBLIC
7 AUTHORITY's confidential client information provided to CONTRACTOR, COUNTY and IHSS
8 PUBLIC AUTHORITY will manage the response to the incident, however, CONTRACTOR will be
9 responsible to issue any notification to affected individuals as required by law or as deemed necessary
10 by COUNTY and IHSS PUBLIC AUTHORITY in its sole discretion. CONTRACTOR will be
11 responsible for all costs incurred as a result of providing the required notification. When no longer
12 needed, all Medi-Cal Personally Identifiable Information, as defined in the Medi-Cal Data Privacy and
13 Security Agreement between the California DHCS and the COUNTY and IHSS PUBLIC
14 AUTHORITY of Fresno (hereinafter referred to as "the Medi-Cal Data Agreement"), whether stored
15 in print or electronic format, must be destroyed or disposed of through confidential means, as
16 described in the Medi-Cal Data Agreement. The current Medi-Cal Data Agreement is available upon
17 request or can be viewed at: http://www.co.fresno.ca.us/MediCalPrivacy/.
18 1. The requirements in this Data Security provision shall apply to CONTRACTOR's
19 subcontractors, if any.
20 17. NON-DISCRIMINATION
21 During the performance of this Agreement CONTRACTOR shall not unlawfully
22 discriminate against any employee or applicant for employment, or recipient of services, because of
23 ethnic group identification, gender, gender identity, gender expression, sexual orientation, color,
24 physical disability, mental disability, medical condition, national origin, race, ancestry, marital status,
25 religion, or religious creed, pursuant to all applicable State of California and Federal statutes and
26 regulations.
27 18. CONFLICT OF INTEREST
28 No officer, agent, or employee of COUNTY or IHSS PUBLIC AUTHORITY who
— 21 — COUNTY DEPAW MLNTS OF FRIsSNO
Fresno,CA
1 exercises any function or responsibility for planning and carrying out the services provided under this
2 Agreement shall have any direct or indirect personal financial interest in this Agreement. In addition,
3 no employee of COUNTY or IHSS PUBLIC AUTHORITY shall be employed by CONTRACTOR to
4 fiilfill any contractual obligations with COUNTY or IHSS PUBLIC AUTHORITY. CONTRACTOR
5 shall also comply with all Federal, State of California, and local conflict of interest laws, statutes, and
6 regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any
7 officer, agent, or employee of COUNTY or IHSS PUBLIC AUTHORITY.
8 19. CLEAN AIR AND WATER
9 In the event the funding under this Agreement exceeds One Hundred Thousand and
10 Noll 00 Dollars ($100,000.00), CONTRACTOR shall comply with all applicable standards, orders, or
11 requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq.; the Clean Water
12 Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws, and regulations promulgated
13 thereunder. Under these laws and regulations, CONTRACTOR shall assure:
14 A. No facility shall be utilized in the performance of the Agreement that has been
15 listed on the Environmental Protection Agency(EPA) list of Violating Facilities;
16 B. COUNTY and IHSS PUBLIC AUTHORITY shall be notified prior to execution
17 of this Agreement of the receipt of any communication from the Director, Office of Federal Activities,
18 U.S. EPA indicating that a facility to be utilized in the performance of this Agreement is under
19 consideration to be listed on the EPA list of Violating Facilities;
20 C. COUNTY, IHSS PUBLIC AUTHORITY and U.S. EPA shall be notified about
21 any known violation of the above laws and regulations; and
22 D. This assurance shall be included in every nonexempt subgrant, contract, or
23 subcontract.
24 20. DEBARMENT-CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
25 INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
26 TRANSACTIONS
27 A. COUNTY, IHSS PUBLIC AUTHORITY and CONTRACTOR recognize that
28 Federal assistance funds will be used under the terms of this Agreement. For purposes of this
— 22 — COUNTY DEPAI;VINEINTs OF FRESNO
Fresno,CA
1 paragraph, CONTRACTOR will be referred to as the `'prospective recipient".
2 B. This certification is required by the regulation implementing Executive Order
3 12549, Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant's responsibilities.
4 1) The prospective recipient of Federal assistance funds certified by entering
5 into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for
6 debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
7 Federal department or agency.
8 2) The prospective recipient of funds agrees by entering into this Agreement,
9 that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
10 suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
11 unless authorized by the Federal department or agency with which this transaction originated.
12 3) Where the prospective recipient of Federal assistance funds is unable to
13 certify to any of the statements in this certification, such prospective participant shall attach an
14 explanation to this Agreement.
15 4) The prospective recipient shall provide immediate written notice to
16 COUNTY or IHSS PUBLIC AUTHORITY if at any time prospective recipient learns that its
17 certification in Paragraph twenty (20) of this Agreement was erroneous when submitted or has become
18 erroneous by reason of changed circumstances. The prospective recipient further agrees that by
19 entering into this Agreement, it will include a clause identical to Paragraph twenty (20) of this
20 Agreement and titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
21 Exclusion-Lower Tier Covered Transactions", in all lower tier covered transactions and in all
22 solicitations for lower tier covered transaction.
23 5) The certification in Paragraph twenty(20) of this Agreement is a material
24 representation of fact upon which COUNTY or IHSS PUBLIC AUHTORITY relied in entering into
25 this Agreement.
26 21. CHARITABLE CHOICE
27 CONTRACTOR may not discriminate in its program delivery against a client or
28 potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a
— 23 — COUNTY DEPARTMENTS OF FRESNO
Fresno,CA
1 refusal to actively participate in a religious practice. Any specifically religious activity or service
2 made available to individuals by CONTRACTOR must be voluntary as well as separate in time and
3 location from COUNTY and IHSS PUBLIC AUTHORRTY funded activities and services.
4 CONTRACTOR shall inform COUNTY and IHSS PUBLIC AUTHORITY as to whether it is faith-
5 based. If CONTRACTOR identifies as faith-based it must submit to DSS a copy of its policy on
6 referring individuals to an alternate treatment provider, and include a copy of this policy in its client
7 admission forms. The policy must inform individuals that they may be referred to an alternative
8 provider if they object to the religious nature of the program, and include a notice to DSS. Adherence
9 to this policy will be monitored during annual site reviews, and a review of client files. If
10 CONTRACTOR identifies as faith-based, by July 1 of each year CONTRACTOR will be required to
11 report to DSS the number of individuals who requested referrals to alternate providers based on
12 religious objection
13 22. LOBBYING ACTIVITY
14 None of the funds provided under this Agreement shall be used for publicity, lobbying
15 or propaganda purposes designed to support or defeat legislation pending in the Congress of the United
16 States of America or the Legislature of the State of California.
17 23. PROHIBITION ON PUBLICITY
18 None of the funds, materials, property or services provided directly or indirectly under
19 this Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity (i.e.,
20 purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
21 Notwithstanding the above, publicity of the services described in Paragraph One (1) of this Agreement
22 shall be allowed as necessary to raise public awareness about the availability of such specific services
23 when approved in advance by the Director or designee and at a cost as provided in Exhibit B for such
24 items as written/printed materials, the use of media(i.e., radio, television, newspapers) and any other
25 related expense(s).
26
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24 — COUNTY DEPARTMENTS OF FRESNO
Fresno,CA
1 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
2 This provision is only applicable if CONTRACTOR is operating as a corporation (a for-
3 profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its
4 status to operate as a corporation.
5 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
6 transactions that they are a party to while CONTRACTOR is providing goods or performing services
7 under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR
8 is a party and in which one or more of its directors has a material financial interest. Members of the
9 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
10 and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this
11 reference incorporated herein, and submitting it to COUNTY and IHSS PUBLIC AUTHORITY prior
12 to commencing with the self-dealing transaction or immediately thereafter.
13 25. AUDITS AND INSPECTIONS
14 CONTRACTOR shall at any time during business hours, and as often as COUNTY or
15 IHSS PUBLIC AUTHORITY may deem necessary, make available to COUNTY and IHSS PUBLIC
16 AUTHORITY for examination all of its records and data with respect to the matters covered by this
17 Agreement. CONTRACTOR shall, upon request by COUNTY and IHSS PUBLIC AUTHORITY,
18 permit COUNTY and IHSS PUBLIC AUTHORITY to audit and inspect all such records and data
19 necessary to ensure CONTRACTOR's compliance with the terms of this Agreement.
20 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
21 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
22 General for a period of three (3) years after final payment under contract (California Government
23 Code section 8546.7).
24 In addition, CONTRACTOR shall cooperate and participate with COUNTY and IHSS
25 PUBLIC AUTHORITY's fiscal review process and comply with all final determinations rendered by
26 the COUNTY and IHSS PUBLIC AUTHORITY's fiscal review process. If COUNTY or IHSS
27 PUBLIC AUTHORITY reaches an adverse decision regarding CONTRACTOR's services to
28 consumers, it may result in the disallowance of payment for services rendered; or in additional
— 25 — COUNlY DETAR"rMENTS OF FRESNO
Fresno,CA
1 controls to the delivery of services, or in the termination of this Agreement, at the discretion of
2 COUNTY or COUNTY's DSS Director or designee, or at the discretion of IHSS PUBLIC
3 AUTHORITY's Executive Director. If as a result of COUNTY or IHSS PUBLIC AUTHORITY's
4 fiscal review process a disallowance is discovered due to CONTRACTOR's deficiency,
5 CONTRACTOR shall be financially liable for the amount previously paid by COUNTY or IHSS
6 PUBLIC AUTHORITY to CONTRACTOR and this disallowance will be adjusted from
7 CONTRACTOR's future payments, at the discretion of COUNTY or COUNTY's DSS Director or
8 designee, or IHSS PUBLIC AUTHORITY's Executive Director. In addition, COUNTY and IHSS
9 PUBLIC AUTHORITY shall have the sole discretion in the determination of fiscal review outcomes,
10 decisions and actions.
11 26. NOTICES
12 The persons having authority to give and receive notices under this Agreement and their
13 addresses include the following:
14 COUNTY CONTRACTOR
15 Director, Michelle Bronson
Department of Social Services Deaf and Hard of Hearing Services
16 PO BOX 1912 5340 N Fresno St.
Fresno, CA 93718-1912 Fresno, CA 93710
17
18 27. CHANGE OF LEADERSHIP/MANAGEMENT
19 Any and all notices between COUNTY, IHSS PUBLILC AUTHORITY and
20 CONTRACTOR provided for or permitted under this Agreement or by law, shall be in writing and
21 shall be deemed duly served when personally delivered to one of the parties, or in lieu of such
22 personal service, when deposited in the United States Mail, postage prepaid, addressed to such party.
23 In the event of any change in the status of CONTRACTOR'S leadership or
24 management, CONTRACTOR shall provide written notice to COUNTY and IHSS PUBLIC
25 AUTHORITY within thirty(30) days from the date of change. Such notification shall include any
26 new leader or manager's name, address and qualifications. "Leadership or management" shall include
27 any employee, member, or owner of CONTRACTOR who either a) directs individuals providing
28 services pursuant to this Agreement, b) exercises control over the manner in which services are
— 26 — COUNTY DEPARTMENTS OF F1tI SNO
Fresno,CA
1 provided, or c) has authority over CONTRACTOR's finances.
2 28. GOVERNING LAW
3 The parties agree that for the purposes of venue,performance under this Agreement is to
4 be in Fresno COUNTY, California.
5 The rights and obligations of the parties and all interpretation and performance of this
6 Agreement shall be governed in all respects by the laws of the State of California.
7 29. PUBLIC AUTHORITY SEPARATE ENTITY
8 The IHSS PUBLIC AUTHORITY is an independent legal entity, separate and apart
9 from the COUNTY. The Authority has no power to bind the COUNTY to any contractual or legal
10 obligations. Nor may the obligees of IHSS PUBLIC AUTHORITY seek recourse against the
11 COUNTY for any financial or legal obligations of IHSS PUBLIC AUTHORITY.
12 30. ENTIRE AGREEMENT
13 This Agreement, including all Exhibits, constitutes the entire agreement between
14 CONTRACTOR and COUNTY DEPARTMENTS with respect to the subject matter hereof and
15 supersedes all previous agreement negotiations, proposals, commitments, writings, advertisements,
16 publications and understandings of any nature whatsoever unless expressly included in this
17 Agreement.
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— 27 — COUNTY DEPARTME3NTS OF UM,"SNO
Fresno,CA
I IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written.
3 ATTEST:
4 CONTRACTOR: COUNTY OF FRESNO
DEAF AND HARD OF HEARING SERVICES
6
B r By
7 Ernest Buddy Mendes,Chairman
8 \ Board of Supervisors
Print Name:�,)t5T'1 �..0.�. SA VOL y0.
9
Title: V{-QSA d R-n '
10 Chairman of the Board, or
11 President,or any Vice President
12 BERNICE E.SEIDEL,Clerk
Board ot'Supervisors
13
y
14 -�-� _
15 Print Name: �a.rwoi�4- By
16 Title: —X'!Q01P'
17 Secretary(of Corporation),or
any Assistant Secretary, or IN41OME SUPPORTIVE SERVICES
18 Chief Financial Officer,or PUBLIC AUTHORITY
19 any Assistant Treasurer
20 By
Chainnan,Board of Dirccrots
21
22 PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
23
24 Mailing Address:
25
26 5340 N. Fresno St.
Fresno,Ca 93710
27 Phone No.:(559) 225-3382
Contact:Michelle Bronson
28
- zs - COUNTY DEPARTNniNTS 01-FRESNO
t:rc:4%,,,CA
1 APPROVED AS TO LEGAL FORM:
2 DANIEL C. CEDERBORG, COUNTY COUNSEL
3
4 By
5 APPROVED AS TO ACCOUNTING FORM:
6 VICKI CROW, C.P.A.,AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
7
8
9 By ;.
F
10 REVIEWED AND RECOMMENDED
11 FOR APPkOVAI
12
13 By
14 D,—eljfiln Neir , ffirector
Department of S ,cial Services
15
DEPARTMENT OF SOCIAL SERVICES
16 Fund/Subclass: 0001/10000
17 Organization: 5610
Account: 7295
18 Amount: $131,610
19 IHSS PUBLIC AUTHORITY
20 Fund/Subclass: 0001/10000
Organization: 5611
21 Account: 7295
22 Amount: $2,000
23 DEPARTMENT OF BEHAVIORAL HEALTH
Fund/Subclass: 0001/10000
24 Organization: 5630
25 Amount: $15,230
26 DEPARTMENT OF CHILD SUPPORT SERVICES
Fund/Subclass: 0001/10000
27 Organization: 5110
28 Account: 0100
Amount: $5,000
— 29 — COUNTY DEPARTMENTS OF FRESNO
Fresno,CA
1 PROBATION DEPARTMENT
Fund/Subclass: 0001/10000
2 Organization: 3430
3 Account: 9999
Amount: $5,000
4
5 DEPARTMENT OF PUBLIC HEALTH
Fund/Subclass: 0001/10000
6 Organization: 5620
Amount: $2,500
7
8 FRESNO COUNTY LIBRARY
Fund/Subclass: 0107/10000
9 Organization: 7511
Account: 7295
10 Amount: $13,000
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30 — COUNTY DEPARTMENTS OF FRESNO
Fresno,CA
1 By
2 Dawan Utecht, Director
Department of Behavioral Health
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31 COUNTY DEPARTMENTS OF HU"SNO
Fresno,CA
1 By
2 Michael L. Elliott, Interim Chief Probation Officer
Probation Department
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32 COUNTY DIA'ARTNIFNIS OFFUE'SNO
Frono,CA
By
2 i Dave Porna-ville, D&-,-for +e L/
Department of Public Health
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2 Kari Gilberi, Director
Department of Child Support Services
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- 34 - COUNTY DEPARTMENTS OF FRESNO
Fresno,CA
1 By
Joy Cro E4ecutive Director
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- 35 COUNTY DEPAIUMENTS of FRESNO
Fresno,CA
1 By
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2 La ujW C. Prysiazny, Count 'Librarian
Fresno County Public Library
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- 36 COUNTY DEPAWMENT OFFRESNO
Fresno,CA
Exhibit A
Page 1 of 2
Summary of Services
ORGANIZATION: Deaf and Hard of Hearing Services Center, Inc.
SERVICES: American Sign Language Interpreting and Deaf Awareness
Training Services
MAILING ADDRESS: 5340 N. Fresno Street, Fresno, CA 93710
CONTACT PERSON: Michelle Bronson
CONTRACT AMOUNT: $174,340.00 - July 1, 2016 through June 30, 2017
$174,340.00 - July 1, 2017 through June 30, 2018
$174,340.00 - July 1, 2018 through June 30, 2019
$174,340.00 - July 1, 2019 through June 30, 2020
$174,340.00 - July 1, 2020 through June 30, 2021
PROJECT DESCRIPTION:
Dead and Hard of Hearing Service Center, Inc. (CONTRACTOR) shall provide
American Sign Language (ASL) interpreting and deaf awareness training services to
County employees, contracted providers, patients and consumers of the County
Department of Social Services (DSS), Department of Behavioral Health (DBH),
Department of Public Health (DPH), Probation Department, Library, In Home Supportive
Services (IHSS) Public Authority, and Department of Child Support Services (DCSS).
CONTRACTOR'S certified Sign Language interpreters will be sanctioned and approved
by either the Registry of Interpreters for the Deaf(RID) or the National Association of
the Deaf (NAD) with a proficiency level of Level 3 or higher. Only services requested by
the above Departments shall be billed under this Agreement.
CONTRACTOR'S RESPONSIBILITIES:
A. Provide ASL interpreting services as scheduled.
B. Accept interpreting services schedules requested by the department staff.
C. Within one (1) hour from the time the message was left, CONTRACTOR'S staff
will respond and schedule a Sign Language Interpreter.
D. Will dispatch only NAD, RID, American Consortium of Certified Interpreter
(ACCI), or National Interpreter Certification (NIC) certified interpreters to
assignments.
E. Provide all requested program services information timely (invoices and other
information) as required by the requesting department.
Exhibit A
Page 2 of 2
F. Meet with designated department staff as needed for services coordination,
problem/issue resolution, and information sharing.
COUNTY'S RESPONSIBILITIES:
A. COUNTY Departments and/or IHSS PUBLIC AUTHORITY and CONTRACTOR
will coordinate/arrange the provision of ASL interpreting or translation services to
meet the needs of the COUNTY Departments and the IHSS PUBLIC
AUTHORITY that are included in this agreement.
B. Whenever possible, requests for ASL Interpreters shall be made twenty four
(24) hours in advance of scheduled appointments. For regularly scheduled
appointments, three (3) to four (4) days advance notice should be given to the
CONTRACTOR. In the event of an emergency, COUNTY Departments and/or
PUBLIC AUTHORITY staff will contact CONTRACTOR and leave a message.
C. For real-time stenographic services, the requesting COUNTY Department and/or
IHSS PUBLIC AUTHORITY staff will contact CONTRACTOR'S staff to arrange
for the provision of services. Request for stenographic services shall require a
minimum of one (1) week notices prior to the date of the event.
D. If the appointment changes, requesting department staff shall notify
CONTRACTOR or cancel scheduled appointment(s) with CONTRACTOR twenty
four (24) hours in advance to avoid being charged as a complete assignment.
Exhibit B
DEAF AND HARD OF HEARING SERVICE CENTER,INC.
Interpreting and Training Services Rates
Basic Interpreting Rates
Description Hours Rate
Day Rate 8:00 am to 5:00 pm $70 for initial hour then$60 per each subsequent
hour
Evening Rate 5:00 pm to 8:00 am $75 for initial hour then$65 per each subsequent
hour
Weekend Rate All day(12:00 am to $75 for initial hour then$65 per each subsequent
11:59 pm on both hour
Saturday and Sunday)
Holiday(as observed All day(12:00 am to $75 for initial hour then$65 per each subsequent
by County) Rate 11:59 pm) hour
Emergency ASL Services Requested with Double the above listed rates($130-$150) per hour
Interpreting Less Than 24 hours'
Notice
There is a one hour minimum charge.After the first hour,services will be billed in half-hour increments.
For assignments lasting more than one hour,two interpreters may be scheduled as a team.
Assignments will be billed as originally scheduled unless at least 24 hours' notice is given of any changes
to date,time, or cancellation. No-shows will be billed.
Only ACCI, NAD, RID or NIC certified interpreters will be dispatched to assignments.
Other Service Rates
Description Description Rate
Legal Interpretation/Prison Hourly Rate $75 for initial hour then$65 per
Location each subsequent hour
Legal Rate ASL Interpreting Full Day/Half Day $325/$185
Deaf Culture Training All Inclusive $35 per hour
Stenographic Service All Inclusive Market Rate
Exhibit C
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County.A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
Page 2 of 2
(1)Company Board Member information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
-Signature:
Date:
Exhibit D
NOTICE OF CHILD ABUSE REPORTING LAW
The undersigned hereby acknowledges that Penal Code section 11166 and the
contractual obligations between County of Fresno (COUNTY) and Deaf and Hard of
Hearing Services Center,Inc., related to provision of emergency shelter care services
for COUNTY's dependent children, requires that the undersigned report all known or
suspected child abuse or neglect to one or more of the agencies set forth in Penal Code
(P.C.) section(§) 11165.9.
For purposes of the undersigned's child abuse reporting requirements, "child
abuse or neglect" includes physical injury inflicted by other than accidental means upon a
child by another person, sexual abuse as defined in P.C. §11165.1, neglect as defined in
P.C. §11165.2, willful cruelty or unjustifiable punishment as defined in P.C. §11165.3,
and unlawful corporal punishment or injury as defined in P.C. §11165.4.
A child abuse report shall be made whenever the undersigned, in his or her
professional capacity or within the scope of his or her employment, has knowledge of or
observes a child whom the undersigned knows or reasonably suspects has been the victim
of child abuse or neglect. (P.0 §11166.) The child abuse report shall be made to any
police department or sheriff s department(not including a school district police or
security department), or to any county welfare department, including Fresno County
Department of Social Services' 24 Hour CARELINE. (See PC §11165.9.)
For purposes of child abuse reporting, a"reasonable suspicion"means that it is
objectively reasonable for a person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position, drawing, when appropriate, on his or her
training and experience, to suspect child abuse or neglect. The pregnancy of a child does
not, in and of itself, constitute a basis for reasonable suspicion of sexual abuse. (P.C.
§11166(a)(1).)
Substantial penalties may be imposed for failure to comply with these child abuse
reporting requirements.
Further information and a copy of the law may be obtained from the department
head or designee.
I have read and understand the above statement and agree to comply with the
child abuse reporting requirements.
SIGNATURE DATE
0872fcfx
Exhibit E
Page 1 of 2
Subject: Hostage Situations
Fr6smoun
r « : �� .
Policy Number: 326.0
Impus 1,
Page: 1 of 2
Date Originated: April 1, 2004
Authority: Title 15; Section 1327; Date Revised: February 1, 2008
California Code of Regulations
It is imperative for the safety and security of all persons within Juvenile Justice Campus (JJC)
facilities, as well as for those in the community, that minors are not allowed to leave the secure
confines of the facilities by the taking of a hostage(s). If successful in securing a release
through these means minors would be much more likely in the future to use this practice again
in an attempt to escape the confines of the facilities. This would put those visiting and working
at the JJC at higher level of risk and would jeopardize the safety of the community if the minor
was in fact successful in securing his/her release.
The JJC is a "no-hostage" facility. This means that minors will not be released from custody
under any circumstances due to the taking of a hostage(s). Any staff person taken hostage, no
matter what their rank or status, immediately loses their authority and any orders issued by that
person will not be followed.
I. HOSTAGE SITUATION PROCEDURES
A. If any minor(s) and/or other person(s) in the facility attempt to hold any person hostage,
and they do not respond to verbal commands to stop staff will immediately notify the
Watch Commander. He/she will respond to the location and assess the situation. If a
hostage situation is in progress the Watch Commander will:
1. Summon assistance from other officers as required.
2. Establish a secure perimeter around the hostage takers and allow no one to pass
into it for any reason without authorization. Risks should not be taken that might
allow the taking of additional hostages.
3. Evacuate all non-essential persons at the scene to a safe location or any housing
pod that is not directly involved in the incident.
4. Direct officers to place minors in uninvolved housing pods in their rooms and have
them remain there until directed otherwise. Minors outside of housing pods will
remain in place under officer supervision until it is safe to return to their respective
housing pods or any housing pod that is not directly involved in the incident.
5. Immediately notify the Director or the Probation Services Manager/Assistant Director
in his/her absence and confer with higher authority as to action to be taken.
Administration in turn will notify the Chief.
B. The Fresno Sheriffs Dispatch Center (488-3111) will be notified immediately and a
request for a trained hostage negotiator and other emergency personnel will be made
as needed. Prior to the arrival of the Sheriff Department's hostage negotiator the
Watch Commander will attempt to ascertain:
Exhibit E
Page 2 of 2
Subject: Hostage Situation
Policy #: 326.0 Page 2 of 2
1. The number and identity of both the hostages and hostage takers;
2. Any known weapons possessed by the hostage takers;
3. The demands of the hostage takers.
C. The Watch Commander will retain and direct departing custody officers, as well as,
available Probation peace officer staff to assist with security and safety needs, as
necessary. Additional Juvenile Correctional Officers should be called in as may be
needed to insure the safe and secure operation of the facility.
D. The Watch Commander will coordinate with the Sheriffs Department all activities taken
to resolve the hostage situation, including the use of appropriate force, and will maintain
control of the facility until relieved of that duty by the presence of a Probation Services
Manager/Assistant Director, Director, or the Chief Probation Officer.
E. Once the hostage situation has been resolved the minors involved should be housed in
the most secure setting available and all appropriate charges should be filed.
F. Each officer and/or non-sworn staff member who was involved or observed the incident
will complete an incident report and if required, the appropriate critical incident
evaluation report(s) regarding the details of the incident prior to the end of his/her shift.
(See Incident Report, located in JAS Probation View, under"Word Templates".)
G. The Watch Commander will prepare a Critical Incident Investigation Report, using the
Critical Incident Evaluation Report - Page 2 report form and the critical incident
evaluation report(s) completed by the reporting persons at the time of the incident.
11. PARENTAL AND MEDIA INFORMATION
A. Attempts will be made at the direction of Administration to reach the families of the
hostages to advise them of the situation. Notification will also be made to the parents
of the hostage takers as deemed appropriate.
B. All media inquiries will be referred to the Chiefs office per departmental policy.
111. SECURITY AND OPERATIONAL REVIEW
A. Once the incident has been resolved a team will be established to conduct a security
and operational review of the incident. The review will be conducted within 2 days of
the resolution of the incident. The review team will be comprised of the facility
administrator and/or facility Director, Probation Services Manager/Assistant Director
and Supervising Juvenile Correctional Officers who are relevant to the incident. The
team will review the circumstances leading up to the incident and any necessary
corrective action necessary to insure that such an incident does not repeat itself.
Email Me)
r Suspension of Competition Acquisition Request Double click!
off:�RE�.a
1. Fully describe the product(s) and/or service(s) being requested.
The County of Fresno is seeking a vendor to provide American Sign Language(ASL)translation and training for
County staff. County departments are mandated to provide ASL interpretation services in accordance with the
Americans with Disabilities Act(ADA)for all public hearing and outreach events, as well as provide training to
County staff on the use of ASL equipment, deaf awareness, and complying with ADA mandates.
2. Identify the selected vendor and contact person; include the address, phone number and e-mail address for each.
Deaf and Hard of Hearing Services Center, Inc.
5340 N. Fresno St
Fresno, Ca 93710
(559)225-3382
Michelle Bronson
erinu@dhhsc.org
3. What is the total cost of the acquisition? If an agreement, state the total cost of the initial term and the amounts for
potential renewal terms.
The total cost of the initial three(3) year contract term is$523,020. Included are two (2) additional twelve(12)
month contract extensions at a cost of$174,340 each. The maximum contract amount is$871,700.
Annual FY budget:
Department of Social Services $131,610
IHSS Public Authority $2,000
Department of Public Health $2,500
Department of Behavioral Health $15,230
Child Support Services $5,000
Library $13,000
Probation $5,000
Total: $174,340
4. Identify the unique qualities and/or capabilities of the service(s)and/or product(s)that qualify this as a Suspension of
Competition acquisition.
The requested service requires a local agency to be able to respond timely to emergency and time sensitive ASL
interpretation requests. In addition, the selected agency would need to be available to travel to rural areas
throughout the Fresno County region.
5. Identify from Administrative Policy*34 what circumstances constitute a Suspension of Competition.
❑ In an emergency when goods or services are immediately necessary for the preservation of the public health,welfare,or safety,or for the
protection of County property.
❑When the contract is with a federal,state,or local governmental agency.
❑When the department head,with the concurrence of the Purchasing Agent,finds that the cost of preparing and administering a competitive
bidding process in a particular case will equal or exceed the estimated contract amount or$1,000 whichever is more.
❑When a contract provides only for payment of per diem and travel expenses and there is to be no payment for services rendered.
❑When obtaining the services of expert witnesses for litigation or special counsel to assist the County.
®When in unusual or extraordinary circumstances,the Board of Supervisors or the Purchasing Agent/Purchasing Manager determines that
the best interests of the County would be served by not securing competitive bids or issuing a request for proposal.
6. Explain why the unique qualities and/or capabilities described above are essential to your department.
Readily available ASL translation and interpretation services are vital to all Departments in cases of consumer
emergencies or time sensitive situations involving children and families.
7. Provide a comprehensive explanation of the research done to verify that the recommended vendor is the only vendor
with the unique qualities and/or capabilities stated above. Include a list of all other vendors contacted, what they were
asked, and their responses.
E-PD-048 (02-2013)
A review of local vendors and vendors contracted with the State Department of General Services were
researched to determine if any agency could provide the requested services. The County of Fresno contacted
Elite TransLingo, Alliance Business Solutions LLC, ABC Interpreting Inc., and Deaf and Hard of Hearing Services
Center, Inc(DHHSC). Each vendor was asked what services they provide, what areas of Fresno County they
serve, and if same day and/or emergency ASL translation services are available.
Of the vendors contacted, DHHSC is the only agency which serves the entire County of Fresno, including all
rural areas, and offers same day and emergency interpreting services. In addition, DHHSC submitted a bid to the
State Department of General Services and was selected as Region VI Deaf Access Program Service Provider.
jeramirez 5/16/2016 4:35:09 PM Senior Staff Analyst [o Sign] Double click!
Requested By: Title
1 approve this request to suspend competition for the service(s)and/or product(s) identified herein.
dneira 5/17/2016 8:29:32 AM [o Sign] Doublecrck!
Department Head Signature
gcornuelle 5/17/2016 1:46:22 PM [a Sign] Double click!
Purchasing Manager Signature
E-PD-048 (02-2013)