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HomeMy WebLinkAboutPinnacle Training Systems LLC-COVID-19 Vaccination Services_A-21-067.pdf co Board Agenda Item 31 0 18�6 0 � FRESH DATE: March 9, 2021 TO: Board of Supervisors SUBMITTED BY: Hollis Magill, Interim Director of Human Resources SUBJECT: Agreement with Pinnacle Training Systems, LLC. for COVID-19 Vaccination Services RECOMMENDED ACTION(S): 1. Make a finding that it is in the best interest of the County to suspend the competitive bidding process 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, consistent with Administrative Policy No. 34,for urgent and necessary COVID-19 vaccination services for County of Fresno Employees; and 2. Approve and authorize the Chairman to execute a retroactive agreement with Pinnacle Training Systems, LLC.,to provide urgent and necessary COVID-19 vaccination services to County of Fresno Employees from February 15, 2021 through December 31,2021,total not to exceed$500,000. There is no increase in Net County Cost associated with the recommended actions as Coronavirus Aid, Relief, and Economic Security(CARES)Act Coronavirus Relief Fund (CRF)monies will be utilized to cover the costs associated with the recommended agreement.The Consolidated Appropriations Act, 2021, extended the period during which recipients may incur eligible costs that may be covered using payments from the CRF to December 31, 2021 (Division N, Title X, Section 1001). Due to the COVID-19 pandemic and the urgent need for vaccination providers, the County needs to contract for vaccinations for staff throughout the County.Approval of the recommended action will allow Pinnacle Training Systems, LLC. ("Pinnacle")to provide necessary COVID-19 vaccination services for County staff. Vaccination services are expected to end on December 31, 2021.This item is countywide. ALTERNATIVE ACTION(S): There are no viable alternative actions. Should your Board choose not to approve the recommended actions, necessary COVID-19 vaccinations will not be provided to County of Fresno employees. SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT: The Department's request to waive the competitive bidding process is consistent with Administrative Policy No. 34 and the Proclamation of Local Emergency by the Emergency Services Director on March 15, 2020, and ratified by the Board of Supervisors on March 17, 2020, resulting from the COVID-19 pandemic. Pinnacle provides the expertise and capacity necessary to meet employee vaccination demands.The ISD-Purchasing concurs with the Department's request to suspend the competitive bidding process. RETROACTIVE AGREEMENT: County of Fresno page 1 File Number:20-1607 File Number:20-1607 Staff is recommending that this Agreement be retroactive to February 15, 2021. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended actions as the costs associated with this contract are fully offset with funding from the CARES Act CRF. The total estimated cost from February 15, 2021 through December 31, 2021 for COVID-19 vaccination services is $500,000.This estimate assumes that up to a total of 8,500 vaccinations will be provided through December 31, 2021. Sufficient appropriations and estimated revenues are available in the FY 2020-21 Adopted Budget for Human Resources' Org 8925. DISCUSSION: COVID-19 vaccinations were made available to County of Fresno residents starting in January 2021. County of Fresno employees will be eligible for COVID-19 vaccines in accordance with the State of California's tiered vaccination schedule in the coming months. Vaccinations will help to reduce the continued spread of COVID-19 in the community and in the workplace, particularly among vulnerable populations. Pinnacle has been designated as an approved vendor of COVID-19 vaccination services by the Department of Public Health. Pinnacle is already performing COVID-19 testing in County Jail facilities, and for County employees and their household members. At the time of the initial agreement for testing,Agreement No.A-20-295, a Suspension of Competition was requested and granted to use Pinnacle under the circumstance that the need for testing was required as a result of an emergency where goods and services were immediately necessary for the preservation of the public health,welfare, or safety.As vaccination administration is a related service offered by the vendor,the department is asking your Board to approve these additional services with Pinnacle through this separate agreement. The recommended agreement authorizes the County to provide vaccination services to County employees up to the maximum contract amount. This agreement may be terminated by either party without cause upon issuance of a 10-day written notice of termination to the other party.The contract may be extended beyond the initial term, and should the need for these services continue beyond December 31, 2021, options will be evaluated and presented to your Board in the future. REFERENCE MATERIAL: BAI#2, March 17,2020 ATTACHMENTS INCLUDED AND/OR ON FILE: Suspension of Competition Acquisition Request Form On file with Clerk-Agreement with Pinnacle Training Systems, LLC. CAO ANALYST: Yussel Zalapa County of Fresno page 2 File Number.20-1607 Agreement No. 21-067 THE SCIENTIFIC APPROACH TO YOUR SUCCESS SERVICES AGREEMENT This Services Agreement (the "Agreement') is retroactively effective February 15, 2021 by and between PINNACLE TRAINING SYSTEMS, LLC ("PTS"), a company organized and existing under the laws of the state of California, having an office located at 6011 N Fresno St. Suite 120, Fresno, CA 93710 and the County of Fresno, a Political Subdivision of the State of California(the"CLIENT'), located at and/or having a correspondence address of: 2220 Tulare Street, 161h Floor, Fresno, CA 93721 ATTN: Risk Management. PTS and the CLIENT are at times herein collectively referred to as the"Parties,"or individually, as a`Party." RECITALS 1. The CLIENT wishes to retain PTS to provide COVID-19 Vaccines related to and/or described as a "COVID-19 Vaccine Program"on the terms and conditions hereinafter set forth. 2. PTS wishes to provide such services to the CLIENT on such terms and conditions. NOW THEREFORE in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. SERVICES TO BE PROVIDED a) PTS agrees to provide to the CLIENT the COVID-19 Vaccine services set forth in Schedule "A,"which is attached hereto and made a part of this Agreement(the"Services"). b) PTS agrees and undertakes to perform the Services in a timely fashion with the skill, competence and diligence commensurate with the standards in the wellness industry. 2. COMPENSATION a) The CLIENT shall pay PTS for the Services, in accordance with the terms set forth in Schedule "B,"which is attached hereto and made a part of this Agreement. In no event shall payments for services performed under this Agreement be in excess of Five hundred Thousand and No/100 Dollars ($500,000)during the Term of this Agreement. 3. TERM AND TERMINATION a) The initial term of this Agreement("Term")shall be for a period of approximately eleven months, beginning February 15, 2021 and ending December 31, 2021, unless terminated earlier in accordance with the provisions herein.The Term may be extended by written agreement of the i Parties. i b) This Agreement may be terminated by either Party upon the occurrence of an event of default, given five (5) days written notice of the default to the other Party. If the default is not cured within the five-day notice period, this Agreement will terminate and any and all fees owed to PTS, up and through the termination date will be immediately due and payable. Each of the following constitutes an event of default for the purposes of this Agreement: i) breach of this Agreement(including but not limited to non-performance and/or inability to perform), and ii) Insolvency of CLIENT or PTS (including but not limited to bankruptcy). 1 i THE SCIENTIFIC APPROACH TO YOUR SUCCESS c) The parties agree that CLIENT may terminate this Agreement at anytime for any reason giving ten (10) days written notice to PTS unless agreed upon mutually. PTS may terminate this Agreement for any reason giving ten(10)days written notice to CLIENT, and CLIENT shall pay PTS for all Services rendered up and through the date of termination, in accordance with the payment terms set forth in Schedule B. 4. STATUS a) It is understood and agreed that this is an agreement for the performance of services and that the relationship of the Parties to each other is that of independent contractors.This Agreement shall not be deemed to create a joint venture,partnership,principal-agent,employer-employee, or similar relationship between PTS and CLIENT. b) PTS and CLIENT shall comply with all applicable statutes, ordinances and regulations of the State of California and the United States governing the performance of the Services. 5. CONFIDENTIALITY "Confidential Information" shall mean any proprietary or non-public Confidential Information or materials which are owned or controlled by the Disclosing Party, both of which are disclosed under the following terms and conditions. "Disclosing Party" shall mean the party revealing or disclosing the Confidential Information. 'Recipient" shall mean the party receiving the Confidential Information. a) The Parties shall not disclose or divulge to any person or entity, except as provided below,any Confidential Information which either Party may reveal under this Agreement and shall not use said Confidential Information in any manner whatsoever, directly or indirectly, except as expressly permitted herein and solely in connection with the COVID-19 Vaccine Program. The parties shall protect the confidentiality of and take all reasonable steps to prevent disclosure or unauthorized use of the Confidential Information. All services performed by PTS under this Agreement shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality. b) Each Party shall have the right to disclose the Confidential Information to its officers, directors, employees, agents, subcontractors and consultants for the purposes authorized herein. Each Party shall, prior to disclosing the Confidential Information or portion thereof to any such person, issue appropriate instructions to them to ensure that such persons are aware of their obligation to comply with the confidentiality and use obligations and restrictions contained in this Agreement. c) The Recipient shall advise the Disclosing Party in writing in the event the Recipient becomes aware of any unauthorized dissemination, misappropriation, or misuse of Confidential Information by the Recipient and provide assistance to Disclosing Party to mitigate any damages caused thereby and to limit any further dissemination or misuse of the Confidential Information. d) Confidential Information shall not include any data or information which: i) is now generally known or readily available to the trade or public or which becomes so known or readily available without fault of Recipient; ii) is possessed by Recipient without restriction as to disclosure or use prior to its disclosure hereunder; iii) is received independently from a third party who is free to disclose such information to the Recipient; 2 THE SCIENTIFIC APPROACH TO YOUR SUCCESS iv) is required as part of any court order or government regulation (provided that the Disclosing Party has been given sufficient written notice of such order or regulation to contest it); or, v) is developed by Recipient independent of any Confidential Information of Disclosing Party and which can be proven by written records. e) The provisions of paragraphs 5.a) and 5.c) above shall survive the termination of this Agreement and shall continue until the Confidential Information is no longer confidential and/or proprietary. 6. INTELLECTUAL PROPERTY The CLIENT acknowledges that PTS has custom designed the Services based on its education and experience in the wellness industry. PTS' COVID-19 Vaccine Program will follow CDC guidelines and recommendations and all orders from the Fresno County Public Health Department (DPH). The CLIENT agrees that all work produced in the development of the Services and all work product which PTS produces in performing the Services,or any component thereof, including, but not limited to publications, reports and other materials prepared by PTS (whether or not copyrighted or patentable), shall be the property of PTS. The CLIENT acknowledges that all copyright, rights to patents, trade secrets or other intellectual property in all such work and in the Services are the property of PTS. 7. FORCE MAJEURE If the performance of this Agreement or any of the obligations hereunder is interfered with in whole or in part by reason of any circumstances beyond the reasonable control of PTS, including but not limited to fire, explosion, power failure, acts of God, revolution, civil commotion or acts of public enemies, any applicable law, order, regulation, ordinance or requirement of any government or legal body or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts, then PTS shall be excused from such performance to the extent of such interference. 8. SUBCONTRACTS PTS shall have exclusive right and responsibility for the selection of any and all service suppliers required for the performance of the Services hereunder, except that lab partners selected by PTS for the purposes of testing shall first be approved in writing by DPH or its duly designated representative. However, no modifications to the Services, whether to be provided directly by PTS or a subcontractor, shall be made without the prior written consent of both parties(as to any such modification and/or addition),which consent shall not be unreasonably withheld. 9. INDEMNIFICATION Each party will indemnify, defend, save and hold harmless, the other party, its parent, subsidiary, and affiliated corporations and their respective directors, officers, employees, agents, successors and assigns, from any and all claims for damage or other liability, including costs, expenses (including attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected with the indemnifying party's performance or failure to perform by the indemnifying party, its agents, officers 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 the indemnifying party, its officers, agents, or employees under this Agreement. Both parties agree that any indemnification rights created by this Agreement do not include indemnification for any claims, damages, costs, expenses, losses, injuries or other liability resulting from reactions to or efficacy of the vaccines that are the subject of this Agreement and further do not include indemnification with respect to any product warranties applicable to the vaccines. Except as so provided, the preceding provisions in this INDEMNIFICATION section are not otherwise limited or restricted. The provisions of this Section 9 shall survive the termination of this Agreement. 3 THE SCIENTIFIC APPROACH TO YOUR SUCCESS 10. INSURANCE Without limiting the Client's right to obtain indemnification from PTS or any third parties, PTS, 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 this Agreement: a.) Commercial General Liability a. Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. b.) Automobile Liability a. 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 a. If PTS 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. d.) Worker's Compensation a. A policy of Worker's Compensation insurance as maybe required by the California Labor Code. Additional Requirements Relating to Insurance PTS 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 Client, its officers, agents and employees shall be excess only and not contributing with insurance provided under PTS's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to Client. PTS hereby waives its right to recover from Client, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. PTS is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but PTS's waiver of subrogation under this paragraph is effective whether or not PTS obtains such an endorsement. Within Thirty(30)days from the date PTS signs and executes this Agreement, PTS shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Jenny Thompson, 2220 Tulare Street, 161h Floor, Fresno, CA 93721, stating that such insurance coverage have been obtained and are in full force; that the Client, its officers, agents and employees will not be responsible for any premiums on the policies; that for such worker's compensation insurance PTS has waived its right to recover from the Client, 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 PTS'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 Client. In the event PTS fails to keep in effect at all times insurance coverage as herein provided, the Client may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of 4 THE SCIENTIFICAPP ROACH TO YOUR SUCCESS 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. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT CLIENT's Department of Human Resources—Risk Management and PTS each consider and represent themselves as covered entities as defined by the U.S. Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA) and agree to use and disclose protected health information as required by law. CLIENT and PROVIDER intend to protect the privacy and provide for the security of Protected Health Information (PHI) pursuant to the Agreement in compliance with HIPAA, the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005(HITECH), and regulations promulgated thereunder by the U.S.Department of Health and Human Services(HIPAA Regulations)and other applicable laws. As part of the HIPAA Regulations, the Privacy Rule and the Security Rule require PTS to enter into a contract containing specific requirements prior to the disclosure of PHI, as set forth in, but not limited to, Title 45, Sections 164.314(a), 164.502(e) and 164.504(e) of the Code of Federal Regulations (CFR). 12. EXTENSION OF STATE EXCEPTION 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. section 160.203(c)[HITECH Act, section 13421, sub. (a)].) To the extent a disclosure or use of date under this 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 date disclosure and/or use by the parties,without the consent or authorization of the individual who is the subject of the PHI. 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. section 160.203(c) [HITECH Act, section 13421, sub. (a)].) A covered entity may disclose PHI to a "public health authority" carrying out public health activities authorized by law; (45 C.F.R. section 164.512(b).) 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.sections 164.502(a)(1)(vii), 164.512(a)(1).) 13. CONSISTENT FEDERAL INCOME TAX POSITION PTS acknowledges that the CLIENT's facilities and/or properties listed on Schedule"C,"which is attached hereto and made a part of this Agreement, have been acquired, constructed, or improved (and that the Juvenile Justice Campus(JJC) listed on Schedule C is situated on land that has been acquired) using net proceeds of governmental tax-exempt bonds (collectively, "Bond-Financed Facilities"). PTS agrees that,with respect to this Agreement and any Services that PTS may provide at any of the Bond Financed Facilities, PTS is not entitled to take, and shall not take, any position (also known as a"tax position")with the Internal Revenue Service 5 THE SCIENTIFIC APPROACH TO YOUR SUCCESS ("IRS") that is inconsistent with being a "service provider" to the CLIENT, as a "qualified user" with respect to the Bond-Financed Facilities, as "managed property,"as all of those terms are used in Internal Revenue Service Revenue Procedure 2017-13, and to that end,for example, and not as a limitation, PTS agrees that PTS shall not, in connection with any federal income tax return that it files with the IRS or any other statement or information that it provides to the IRS, (a)claim ownership, or that it is a lessee, of any portion of the Bond Financed Facilities, or(b)claim any depreciation or amortization deduction, investment tax credit, or deduction for any payment as rent with respect to the Bond-Financed Facilities. 14. GENERAL TERMS a. Complete Agreement: This Agreement, including Schedules "A," "B" and "C," hereto, constitutes the entire understanding between the parties respecting the subject matter of this Agreement and supersedes any and all prior negotiations, correspondence, understandings and agreements between the parties respecting the subject matter of this Agreement. b. 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. c. Waiver: No supplement, modification or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision(whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly stated by the Party making such waiver. d. Assignment: Neither this Agreement nor any rights or obligations hereunder shall be assignable by any Party without the prior written consent of the other Party. This Agreement shall ensure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors and permitted assigns. e. Authority: Each Party represents and warrants in favor of the other that it has all necessary capacity and authority to enter into this Agreement and to carry out its respective obligations hereunder. f. Notices: Any notice required or permitted to be given hereunder shall be in writing and shall be sufficiently given if delivered in person during normal business hours of the recipient on a business day or sent by first class mail, postage prepaid, or by facsimile as follows: In the case of a notice to the PTS to: Felicia Gomez 6011 N. Fresno St. Suite,#120 Fresno, CA 93710 In the case of a notice to CLIENT to: County of Fresno Jenny Thompson 220 Tulare Street, 161h Floor Fresno, CA, 93721 and shall be conclusively deemed to have been given and to have been received on the following business day, if so delivered or sent by facsimile, and on the third business day following the mailing thereof, if so mailed (excluding each day during which there exists any interruption of postal services due to strike, lockout or other cause). Addresses for notice may 6 THE SCIENTIFIC APPROACH TO YOUR SUCCESS be changed by giving notice in accordance with the foregoing. 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). g. Choice of Law: This Agreement shall be governed by the laws of the State of California, excluding its choice of law rules that may allow governance of the agreement by the laws of another state. Solely for the purposes of enforcing or interpreting this Agreement, the Parties agree to be subject to the personal jurisdiction of any court in the County of Fresno in the State of California with subject matter jurisdiction to enforce or interpret any of the provisions of this Agreement. [Go to signature Page] 7 THE SCIENTIFIC APPROACH TO YOUR SUCCESS I IN WITNESS WHEREOF,each party to this Agreement has caused it to be executed on the date indicated above. 7 Pi ACLE TRAINING SYSTEMS, LLC COUNTY FLNO A'IJ (Authorized Signat re) Steve BrkhdaO, Chairman of the Board of the Board of Supervisors of the County of Fresno Felicia Gomez, Ph.D.Owner Print Name &Title (0 o 11 r i• , li�resr- S+ S}c t Mailing Address S CA t ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California By: FOR ACCOUNTING USE ONLY: Deputy Fund: 1060 Subclass: 10000 ORG:89250100 Account:7295 SCHEDULE"A" 8 THE SCIENTIFIC APPROACH TO YOUR SUCCESS COVID-19 VACCINE PROGRAM SERVICES PTS shall provide the Services to the CLIENT as set forth below, upon the terms and conditions set forth in this Agreement. The CLIENT and PTS may amend this Schedule, by written agreement between the Parties,from time to time during the Term of the Agreement and/or any renewal period. PTS shall provide the following COVID-19 Vaccines: (1) COVID-19 Vaccine. Additionally, PTS shall provide reporting of vaccines administered as set forth below. Staff performing the vaccines will be licensed staff within their scope of practice allowed under State law. All PTS Staff will be trained to conduct the administration of the vaccines according to the manufacturer's specifications and instructions. Vaccine storage and associated reporting will be provided as per County, CDC and manufacturing instructions. Vaccine and administration and protocols will be compliant with applicable federal and state laws. PTS will administer the COVID-19 vaccines at various CLIENT locations. The vaccine administration will be provided to CLIENT's employees referred by CLIENT. Individuals to be vaccinated will be required to complete a questionnaire and waiver (one time) prior to vaccine administration. The CLIENT will provide the following: • Venue for clinic and direct payment to venue for any rental costs. • Clinic date, time, location and venue contact information. • Vaccine and ancillary supplies as provided for by CDPH. Depending on PTS's cold chain capabilities and registered Provider status, vaccine and ancillary supplies may be shipped directly to PTS or picked up at the Department of Public Health. • For Pfizer, Moderna, and potentially other vaccines, CLIENT expects to provide the following ancillary supplies to PTS with each 100 vaccine doses. 0 105 needles 0 105 syringes 0 210 alcohol prep pads 0 1 needle information card 0 100 vaccination cards 0 2 disposable face shields 0 4 surgical masks PTS will be responsible for the following: • PTS will 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. Enrollment instructions may be modified as CDPH is in the process of moving enrollment to a new platform, CalVax, beginning mid-January 2021. When enrolled, PTS will be responsible for ordering the appropriate amount of vaccine and ancillary supplies for receipt prior to the event. • PTS shall administer the vaccine and enter all vaccinations into the local immunization registry (CAIR)within 24 hours of administration; CLIENT will assist in providing access to the California Department of Public Health (CDPH) CAIR System. • If PTS is unable to enroll as a Provider, PTS will arrange orders with DPH and pick up all vaccine and ancillary supplies from DPH as identified by DPH when scheduling the event. In this situation PTS shall enter all required patient information upon vaccine administration in the PrepMod system made available by DPH and/or CDPH as directed by DPH. • PTS will provide all office supplies, ancillary medical supplies not included with vaccine, PPE, tables, chairs, tents, etc., when needed. • 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.htmi • PTS will document and notify DPH of any wasted vaccine doses. 9 THE SCIENTIFICAPPROACH TO YOUR SUCCESS • PTS Staff in charge of storage and handling, will complete the 7 EZIZ training modules at the following website: https:Heziz.org/eziz-training/ • Per federal regulations, PTS will provide the appropriate EUA document to all vaccine recipients: o Pfizer: https://www.fda.gov/media/144414/download o Moderna: https://www.fda.gov/media/144638/download • PTS will report the following adverse events after COVID-19 vaccination,and other adverse events if later revised by CDC, to VAERS: https://vaers.hhs.gov/rei3ortevent.htmi 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) • 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 • PTS will also report any additional select adverse events and/or any revised safety reporting requirements per FDA's conditions of authorized use of vaccine(s)throughout the duration of any COVID-19 Vaccine being authorized under an Emergency Use Authorization (EUA). • Per LAIR regulations, PTS will provide a paper copy of CAIR notification or post CAIR Notification poster near registration. Details regarding notification are available at the following website: http://cairweb.org/cair-disclosure-policy/ • PTS will make provision for patients with a history of anaphylaxis (due to any cause)to remain for observation for 30 minutes. For all other persons, observation period is 15 minutes. • In the event of anaphylactic reaction, PTS will maintain appropriate emergency equipment at the event to manage anaphylaxis resulting from vaccination and will follow 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. 10 THE SCIENTIFIC APPROACH TO YOUR SUCCESS SCHEDULE "l3" PAYMENT In consideration of the Services provided by PTS, the CLIENT shall pay PTS in accordance with the terms set forth below.The CLIENT and PTS may amend this Schedule, by written agreement between the Parties, from time to time during the Term and/or any renewal period. 1. $r2,632.001 per event fee with a minimum quota of(1-49) encounters, at each 1 to 2-hour single event. 2. $[3,886.001 per event fee with a minimum quota of(50-149)encounters, at each 1 to 2-hour single event. 3. $[7,335.001 per event fee with a minimum quota of (150-300) encounters, at each 2 to 5-hour events. 4. $f11,907.001 per event fee with a minimum quota of (301-500) encounters, at each 5 to 8-hour events. 5. $F16,870.001 per event fee with a minimum quota of (501-750) encounters, at each 5 to 8-hour single event. 6. $f20,490.001 per event fee with a minimum quota of(751-1,000) encounters, at each 5 to 8-hour single event. Note: The word "event"covers any venue where a vaccination clinic is held. 11 THE SCIENTIFIC APPROACH TO YOUR SUCCESS SCHEDULE "C" Bond-Financed Facilities Downtown Jail Facilities, including the Main Jail,the North Annex Jail,the South Annex Jail, and (to be completed)the West Annex Jail. Sheriff's Administrative Building. Sheriff Area 2 Substation (to be completed). Hall of Records. County Plaza Building. Downtown Courthouse, including garage. Crocker Building. Juvenile Justice Center(JJC). Juvenile Justice Center(JJC) Courthouse. Morgue. Elections Warehouse. -END- 12