HomeMy WebLinkAboutValley Center for the Blind-County Operator Phone Administration Management and COVID-19 Contact Tracing_A-22-061.pdf COU County of Fresno Hall of Records,Room301
2281 Tulare Street
Fresno,California
Board of Supervisors 93721-2198
O� 185 0 Telephone:(559)600-3529
FRES Minute Order Toll Free: 1-800-742-1011
www.co.fresno.ca.us
February 22, 2022
Present: 5- Supervisor Steve Brandau, Supervisor Nathan Magsig, Supervisor Buddy Mendes,
Chairman Brian Pacheco, and Vice Chairman Sal Quintero
Agenda No. 42. Internal Services File ID:22-0069
Re: Make a finding that it is in the best interest of the County to suspend the competitive bidding process
consistent with Administrative Policy No. 34 for unusual or extraordinary circumstances as Valley
Center for the Blind is the most cost-effective service provider for county operator phone
administration/management and COVID-19 contact tracing; and,approve and authorize the Chairman
to execute an Agreement with VCB to provide county operator phone administration/management and
COVID-19 contact tracing, effective February 22,2022, not to exceed five consecutive years,which
includes a three-year base contract and two optional one-year extensions, total not to exceed
$811,000
APPROVED AS RECOMMENDED
Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero
Agreement No. 22-061
County of Fresno Page 44
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Board Agenda Item 42
0 1856 0
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DATE: February 22, 2022
TO: Board of Supervisors
SUBMITTED BY: Robert W. Bash, Director, Internal Services/Chief Information Officer
David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: Agreement with Valley Center for the Blind
RECOMMENDED ACTION(S):
1. Make a finding that it is in the best interest of the County to suspend the competitive
bidding process consistent with Administrative Policy No. 34 for unusual or extraordinary
circumstances as Valley Center for the Blind is the most cost-effective service provider for
county operator phone administration/management and COVID-19 contact tracing; and
2. Approve and authorize the Chairman to execute an Agreement with VCB to provide county
operator phone administration/management and COVID-19 contact tracing, effective
February 22,2022, not to exceed five consecutive years,which includes a three-year base
contract and two optional one-year extensions, total not to exceed$811,000.
There is no additional Net County Cost associated with the recommended actions. This agreement will
continue the County operator services currently provided by Valley Center for the Blind (VCB). The services
are funded with charges to user departments and through the federal funds provided under the County's
Enhancing Lab Capacity Infections Disease Enhancing Detection/Expansion grants. This item is
countywide.
ALTERNATIVE ACTION(S):
If your Board does not approve the recommended actions, the departments will lose access to VCB as a
resource for interfacing with the disabled community. Additionally, the Internal Services Department-
Information Technology Services Division (ISD-IT)will need to provide additional staffing to answer the
County's operator line.
SUSPENSION OF COMPETITION:
The ISD- IT and Department of Public Health's request to suspend the competitive bidding process is
consistent with Administrative Policy No. 34 as VCB is the only local vendor able to provide direct interface
and translation services for the disabled community. All other capable vendors are outside of the County,
with the nearest being located in the Bay Area. VCB has established relationships within the community that
are invaluable for providing these services. The ISD- Purchasing Division concurs with the Departments'
request to suspend the competitive bidding process.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The estimated
County of Fresno Page 1 File Number.22-0069
File Number:22-0069
maximum compensation in FY 2021-22 is $50,000; $811,000 for the term. Costs associated with the
recommended agreement will be funded with charges to user departments and through the federal funds
provided under the County's Enhancing Lab Capacity Incections Disease Enhancing Detection/Expansion
grants. Sufficient appropriations and estimated revenues are included in the ISD- IT Org 8905 and
Department of Public Health Org 5620 FY 2021-22 Adopted Budget and will be included in future budget
requests.
DISCUSSION:
On September 1, 2020, your Board ratified Agreement No. 20-316 with the Fresno Economic Opportunities
Commission (Fresno EOC)for the COVID-19 Equity Project. This project supported a variety of
community-based organizations through Fresno Building Healthy Communities, including VCB.
On December 15, 2020, your Board ratified an Agreement No. 20-430 with Exceptional Parents Unlimited,
Inc. for the COVID-19 Equity Project, which included phone operator services provided through VCB as a
sub-contractor.
On August 10, 2021, your Board approved the First Amendment to the Agreement with Fresno EOC for the
COVID-19 Equity Project- Base, that was previously executed by the County Administrative Officer acting
as the Emergency Services Director, effective August 19, 2020 through December 30, 2020. The
amendment included the addition of more funds and the option to extend through December 31, 2021.
With the expiration of these agreements, the ISD- IT and Department of Public Health would like to continue
the use of the operator services through VCB. They are uniquely qualified to provide services to the
Department of Public Health with the COVID Disability Equity Line. As the operation of the line is broadly
similar to the requirements ISD- IT has for the operation of the County's operator line, ISD-IT would like to
continue utilizing VCB to supplement the existing staffs operation of the line.
REFERENCE MATERIAL:
BAI #8, August 10, 2021
BAI #70, December 15, 2020
BAI #5.1, September 1, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
Suspension of Competition Acquisition Request
On file with Clerk-Agreement with Valley Center for the Blind
CAO ANALYST:
Sonia M. De La Rosa
County of Fresno page 2 File Number:22-0069
Agreement No. 22-061
1 AGREEMENT
2 THIS AGREEMENT ("Agreement") is made and entered into this 22nd day of February, 2022
3 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
4 California ("COUNTY"), and Valley Center for the Blind, a California nonprofit corporation whose address is
5 3417 W. Shaw Ave., Fresno, CA 93711 ("CONTRACTOR").
6 WITNESSETH:
7 WHEREAS, COUNTY's Department of Public Health indirectly utilized sub-contracted services for
8 COVID-19 contact tracing and outbreak mitigation from CONTRACTOR in Agreement D-20-524, funded by
9 the CARES Act;
10 WHEREAS, COUNTY's Internal Services Department ("ISD") also indirectly utilized sub-contracted
11 services for the administration of all incoming County telephone operator calls from CONTRACTOR
12 through agreement D-20-524, funded by the CARES Act;
13 WHEREAS, COUNTY is in need of COUNTY telephone operator services, COVID-19 contact
14 tracing and outbreak mitigation services, as well as information assistance services for the disabled
15 community;
16 WHEREAS, CONTRACTOR represents that it may provide these services to the COUNTY; and
17 WHEREAS, COUNTY and CONTRACTOR desire to execute this Agreement for COUNTY
18 telephone operator administration for the term of this Agreement, and COVID-19 contact tracing and
19 outbreak mitigation for the remainder of the COUNTY's fiscal year ending in June 2022; and
20 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
21 contained, the parties hereto agree as follows:
22 1. OBLIGATIONS OF THE CONTRACTOR
23 A. CONTRACTOR shall perform all services, and fulfill all responsibilities identified in
24 Exhibit A attached and incorporated by this reference. This includes all responsibilities related to serving
25 as the main operator for the information line servicing the disability community within Fresno County.
26 1 B. As part of this.Agreement, CONTRACTOR shall provide Disability Equity Line
27 Administration, which includes assisting the disabled community by phone with COVID vaccine
28 information, training, education, financial aid, and employment services.
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1 C. As part of this Agreement, CONTRACTOR shall provide Covid Information Line
2 Administration, which includes giving guidance on isolation, quarantine, K-12, and California Department
3 of Public Health (CDPH) guidance to the public, health care settings, businesses, and school settings.
4 This includes forwarding COVID-related questions to various teams for follow up including medical
5 investigation teams for academic and congregate settings, management and nursing regarding
6 immunization clinics, and laboratory. Some data entry may also be required. CONTRACTOR shall
7 abide by local and state pandemic guidelines in place at any given time during the pandemic response,
8 and shall make every reasonable effort to follow safe and appropriate public health protection measures
9 to minimize risk of exposure.
10 D. CONTRACTOR shall perform all services and fulfill all responsibilities related to
11 handling incoming calls to the COUNTY operator telephone line through Cisco Jabber Softphone
12 system provided by COUNTY, including transferring incoming callers to the requested or most relevant
13 COUNTY department, and staying up-to-date on any major changes to the functions or call-in lines for
14 COUNTY departments. The telephone operator phone line shall be open and managed between the
15 hours of 8:OOam to 5:OOpm, Monday through Friday, excluding COUNTY-recognized holidays (New
16 Year's Eve & Day, Martin Luther King Jr. Day, President's Day, Cesar Chavez Day, Memorial Day,
17 Monday nearest Fourth of July, Labor Day, Veteran's Day, the day of& after Thanksgiving, and
18 Christmas Eve & Day).
19 E. CONTRACTOR shall abide by local and state guidelines related to the
20 performance of this work, and shall make every reasonable effort to consistently provide excellent caller
21 assistance through frequent quality assurance monitoring
22 2. OBLIGATIONS OF COUNTY
23 A. COUNTY shall provide access, training as needed, and technical assistance to
24 the Cisco Jabber Softphone platform for each of CONTRACTOR's agents and managers. Technical
25 support includes, but is not limited to, all available quality assurance metrics, and reports. For technical
26 assistance with the Cisco Jabber soft phone, CONTRACTOR shall call (559) 600-5900 and ask for
27 contractor support of the Cisco Jabber soft phone.
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1 B. COUNTY shall provide updates to the County operator telephone list in Exhibit A,
2 as necessary.
3 3. TERM
4 The term of this Agreement shall be for a period of three (3) years, commencing on February 22,
5 2022, through and including February 21, 2025. This Agreement may be extended for two (2) additional
6 consecutive twelve (12) month periods upon written approval of both parties no later than thirty(30)days
7 prior to the first day of the next twelve (12) month extension period. The Director of Internal Services/Chief
8 Information Officer(ISD Director/CIO), or his or her designee, is authorized to execute such written
9 approval on behalf of COUNTY based on CONTRACTOR'S satisfactory performance.
10 4. TERMINATION
11 A. Non-Allocation of Funds-The terms of this Agreement, and the services to be
12 provided hereunder, are contingent on the approval of funds b the appropriating overnment a agency.
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13 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
14 terminated, at an time without penalty b giving the CONTRACTOR thirty 30 days advance written
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15 notice. Funding for the COVID19 response services including COVID19 information line and Contract
16 Tracing is provided by federal funds under the County's Enhancing Lab Capacity(ELC) Infections Disease
17 Enhancing Detection/Expansion grants (Assistance Listing/CFDA: 93.323).
18 B. Breach of Contract-The COUNTY may immediately suspend or terminate this
19 Agreement in whole or in part, where in the determination of the COUNTY there is:
20 1) An illegal or improper use of funds;
21 2) A failure to comply with any term of this Agreement;
22 3) A substantially incorrect or incomplete report submitted to the COUNTY;
23 4) Improperly performed service.
24 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
25 of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
26 payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
27 The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
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1 funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
2 not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund
3 any such funds upon demand.
4 C. Without Cause - Under circumstances other than those set forth above, this
5 Agreement may be terminated by COUNTY by giving thirty(30) days advance written notice of an intention
6 to terminate to CONTRACTOR.
7 5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR, and
8 CONTRACTOR agrees to receive hourly compensation at the rates as identified in Exhibit B,
9 "CONTRACTOR Service Rates", attached and incorporated by this reference. CONTRACTOR shall submit
10 monthly invoices referencing the provided contract number via email to the ISD Business Office:
11 isdbusinessoffice(a�fresnocountyca.gov.
12 In no event shall compensation paid for services performed under this Agreement exceed five
13 hundred and five thousand dollars ($505,000)for the initial three-year term of this Agreement. If the
14 COUNTY exercises the first optional one-year extension, total compensation paid services performed
15 under this Agreement shall not exceed six hundred and fifty-five thousand dollars ($655,000). If the
16 COUNTY exercises the final optional one-year extension, total compensation paid for services performed
17 under this Agreement shall not exceed eight hundred and eleven thousand dollars ($811,000). It is
18 understood that all expenses incidental to CONTRACTOR'S performance of services under this Agreement
19 shall be borne by CONTRACTOR. COUNTY shall pay CONTRACTOR within forty-five (45) days of receipt
20 of an approved invoice.
21 6. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
22 assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
23 CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all
24 times be acting and performing as an independent contractor, and shall act in an independent capacity and
25 not as an officer, agent, servant, employee,joint venturer, partner, or associate of the COUNTY.
26 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which
27 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
28 this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
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1 terms and conditions thereof.
2 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
3 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
4 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
5 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
6 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
7 addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
8 to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
9 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
10 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
11 7. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT:
12 A. The parties to this Agreement shall be in strict conformance with all applicable Federal
13 and State of California laws and regulations, including but not limited to Sections 5328, 10850, and 14100.2
14 et seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. of Title 42, Code of Federal
15 Regulations (CFR), Section 56 et seq. of the California Civil Code and the Health Insurance Portability and
16 Accountability Act (HIPAA), including but not limited to Section 1320 D et seq. of Title 42, United States
17 Code (USC) and its implementing regulations, including, but not limited to Title 45, CFR, Sections 142, 160,
18 162, and 164, The Health Information Technology for Economic and Clinical Health Act(HITECH)
19 regarding the confidentiality and security of patient information, and the Genetic Information
20 Nondiscrimination Act (GINA) of 2008 regarding the confidentiality of genetic information.
21 Except as otherwise provided in this Agreement, CONTRACTOR, as a Business
22 Associate of COUNTY, may use or disclose Protected Health Information (PHI)to perform functions,
23 activities or services for or on behalf of COUNTY, as specified in this Agreement, provided that such use
24 or disclosure shall not violate the Health Insurance Portability and Accountability Act (HIPAA), USC
25 1320d et seq. The uses and disclosures of PHI may not be more expansive than those applicable to
26 COUNTY, as the "Covered Entity" under the HIPAA Privacy Rule (45 CFR 164.500 et seq.), except as
27 authorized for management, administrative or legal responsibilities of the Business Associate.
28 B. CONTRACTOR, including its subcontractors and employees, shall protect,from
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1 unauthorized access, use, or disclosure of names and other identifying information, including genetic
2 information, concerning persons receiving services pursuant to this Agreement, except where permitted in
3 order to carry out data aggregation purposes for health care operations [45 CFR Sections 164.504 (e)(2)(i),
4 164.504 (3)(2)(ii)(A), and 164.504 (e)(4)(i)] This pertains to any and all persons receiving services pursuant
5 to a COUNTY funded program. This requirement applies to electronic PHI. CONTRACTOR shall not use
6 such identifying information or genetic information for any purpose other than carrying out
7 CONTRACTOR'S obligations under this Agreement.
8 C. CONTRACTOR, including its subcontractors and employees, shall not disclose any
9 such identifying information or genetic information to any person or entity, except as otherwise specifically
10 permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164 or other law, required by the
11 Secretary, or authorized by the client/patient in writing. In using or disclosing PHI that is permitted by this
12 Agreement or authorized by law, CONTRACTOR shall make reasonable efforts to limit PHI to the minimum
13 necessary to accomplish intended purpose of use, disclosure or request.
14 D. For purposes of the above sections, identifying information shall include, but not be
15 limited to name, identifying number, symbol, or other identifying particular assigned to the individual, such
16 as finger or voice print, or photograph.
17 E. For purposes of the above sections, genetic information shall include genetic tests of
18 family members of an individual or individual, manifestation of disease or disorder of family members of an
19 individual, or any request for or receipt of, genetic services by individual or family members. Family member
20 means a dependent or any person who is first, second, third, or fourth degree relative.
21 F. CONTRACTOR shall provide access, at the request of COUNTY, and in the time and
22 manner designated by COUNTY, to PHI in a designated record set(as defined in 45 CFR Section
23 164.501), to an individual or to COUNTY in order to meet the requirements of 45 CFR Section 164.524
24 regarding access by individuals to their PHI. With respect to individual requests, access shall be provided
25 within thirty(30)days from request. Access may be extended if CONTRACTOR cannot provide access and
26 provides individual with the reasons for the delay and the date when access may be granted. PHI shall be
27 provided in the form and format requested by the individual or COUNTY.
28 CONTRACTOR shall make any amendment(s)to PHI in a designated record set at the
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1 request of COUNTY or individual, and in the time and manner designated by COUNTY in accordance with
2 45 CFR Section 164.526.
3 CONTRACTOR shall provide to COUNTY or to an individual, in a time and manner
4 designated by COUNTY, information collected in accordance with 45 CFR Section 164.528, to permit
5 COUNTY to respond to a request by the individual for an accounting of disclosures of PHI in accordance
6 with 45 CFR Section 164.528.
7 G. CONTRACTOR shall report to COUNTY, in writing, any knowledge or reasonable
8 belief that there has been unauthorized access, viewing, use, disclosure, security incident, or breach of
9 unsecured PHI not permitted by this Agreement of which it becomes aware, immediately and without
10 reasonable delay and in no case later than two (2) business days of discovery. Immediate notification shall
11 be made to COUNTY's Information Security Officer and Privacy Officer and COUNTY's DPH HIPAA
12 Representative, within two (2) business days of discovery. The notification shall include, to the extent
13 possible, the identification of each individual whose unsecured PHI has been, or is reasonably believed to
14 have been, accessed, acquired, used, disclosed, or breached. CONTRACTOR shall take prompt corrective
15 action to cure any deficiencies and any action pertaining to such unauthorized disclosure required by
16 applicable Federal and State Laws and regulations. CONTRACTOR shall investigate such breach and is
17 responsible for all notifications required by law and regulation or deemed necessary by COUNTY and shall
18 provide a written report of the investigation and reporting required to COUNTY's Information Security
19 Officer and Privacy Officer and COUNTY's DPH HIPAA Representative. This written investigation and
20 description of any reporting necessary shall be postmarked within the thirty(30)working days of the
21 discovery of the breach to the addresses below:
22 Department of Public Health Department of Public Health Internal Services Department
HIPAA Representative Privacy Officer I.T. Services Division
23 (559) 600-6439 (559) 600-6405 (559) 600-5800
24 P.O. Box 11867 P.O. Box 11867 333 W. Pontiac Way
Fresno, CA 93775 Fresno, CA 93775 Clovis, CA 93612
25 H. CONTRACTOR shall make their internal practices, books, and records relating to the
26 use and disclosure of PHI received from COUNTY, or created or received by the CONTRACTOR on behalf
27 of COUNTY, in compliance with HIPAA's Privacy Rule, including, but not limited to the requirements set
28 forth in Title 45, CFR, Sections 160 and 164. CONTRACTOR shall make its internal practices, books, and
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1 records relating to the use and disclosure of PHI received from COUNTY, or created or received by the
2 CONTRACTOR on behalf of COUNTY, available to the United States Department of Health and Human
3 Services (Secretary) upon demand.
4 CONTRACTOR shall cooperate with the compliance and investigation reviews conducted
5 by the Secretary. PHI access to the Secretary must be provided during the CONTRACTOR'S normal
6 business hours, however, upon exigent circumstances access at any time must be granted. Upon the
7 Secretary's compliance or investigation review, if PHI is unavailable to CONTRACTOR and in
8 possession of a Subcontractor, it must certify efforts to obtain the information to the Secretary.
9 I. Safeguards
10 CONTRACTOR shall implement administrative, physical, and technical safeguards as
11 required by the HIPAA Security Rule, Subpart C of 45 CFR 164, that reasonably and appropriately
12 protect the confidentiality, integrity, and availability of PHI, including electronic PHI, that it creates,
13 receives, maintains or transmits on behalf of COUNTY and to prevent unauthorized access, viewing,
14 use, disclosure, or breach of PHI other than as provided for by this Agreement. CONTRACTOR shall
15 conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the
16 confidential, integrity and availability of electronic PHI. CONTRACTOR shall develop and maintain a
17 written information privacy and security program that includes administrative, technical and physical
18 safeguards appropriate to the size and complexity of CONTRACTOR'S operations and the nature and
19 scope of its activities. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with
20 information concerning such safeguards.
21 CONTRACTOR shall implement strong access controls and other security safeguards
22 and precautions in order to restrict logical and physical access to confidential, personal (e.g., PHI) or
23 sensitive data to authorized users only. Said safeguards and precautions shall include the following
24 administrative and technical password controls for all systems used to process or store confidential,
25 personal, or sensitive data:
26 1) Passwords must not be:
27 a. Share or written down where they are accessible or recognizable by anyone
28 else; such as taped to computer screens, stored under keyboards, or visible in a work
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1 area;
2 b. A dictionary word; or
3 c. Stored in clear text.
4 2) Passwords must be:
5 a. Eight (8) characters or more in length;
6 b. Changed every ninety(90) days;
7 c. Changed immediately if revealed or compromised; and
8 d. Composed of characters from at least three (3) of the following four(4)
9 groups from the standard keyboard:
10 1. Upper case letters (A-Z);
11 2. Lower case letter(a-z);
12 3. Arabic numerals (0-9)1 and
13 4. Non-alphanumeric characters (punctuation symbols).
14 CONTRACTOR shall implement the following security controls on each workstation or
15 portable computing device (e.g., laptop computer) containing confidential, personal, or sensitive data:
16 1) Network-based firewall and/or personal firewall;
17 2) Continuously updated anti-virus software; and
18 3) Patch management process including installation of all operating
19 systems/software vendor security patches.
20 CONTRACTOR shall utilize a commercial encryption solution that has received FIPS
21 140-2 validation to encrypt all confidential, personal, or sensitive data stored on portable electronic
22 media (including, but not limited to, compact disks and thumb drives) and on portable computing devices
23 (including, but not limited to, laptop and notebook computers).
24 CONTRACTOR shall not transmit confidential, personal, or sensitive data via e-mail or
25 other internet transport protocol unless the data is encrypted by a solution that has been validated by
26 the National Institute of Standards and Technology (NIST) as conforming to the Advanced Encryption
27 Standard (AES) Algorithm. CONTRACTOR must apply appropriate sanctions against its employees who
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1 fail to comply with these safeguards. CONTRACTOR must adopt procedures for terminating access to
2 PHI when employment of employee ends.
3 J. Mitigation of Harmful Effects
4 CONTRACTOR shall mitigate, to the extent practicable, any harmful effect that is
5 suspected or known to CONTRACTOR of an unauthorized access, viewing, use, disclosure, or breach
6 of PHI by CONTRACTOR or its subcontractors in violation of the requirements of these provisions.
7 CONTRACTOR must document suspected or known harmful effects and the outcome.
8 K. CONTRACTOR'S Subcontractors
9 CONTRACTOR shall ensure that any of their contractors, including subcontractors, if
10 applicable, to whom CONTRACTOR provide PHI received from or created or received by
11 CONTRACTOR on behalf of COUNTY, agree to the same restrictions, safeguards, and conditions that
12 apply to CONTRACTOR with respect to such PHI and to incorporate, when applicable, the relevant
13 provisions of these provisions into each subcontract or sub-award to such agents or subcontractors.
14 L. Employee Training and Discipline
15 CONTRACTOR shall train and use reasonable measures to ensure compliance with the
16 requirements of these provisions by employees who assist in the performance of functions or activities
17 on behalf of COUNTY under this Agreement and use or disclose PHI and discipline such employees
18 who intentionally violate any provisions of these provisions, including termination of employment.
19 M. Termination Clause
20 Upon COUNTY's knowledge of a material breach of these provisions by a
21 CONTRACTOR, COUNTY shall either:
22 1) Provide an opportunity for the CONTRACTOR to cure the breach or end the
23 violation and terminate this Agreement if CONTRACTOR does not cure the breach or
24 end the violation within the time specified by COUNTY; or
25 2) Immediately terminate this Agreement if a CONTRACTOR has breached a
26 material term of these provisions and cure is not possible.
27 3) If neither cure nor termination is feasible, the COUNTY's Privacy Officer shall
28 report the violation to the Secretary of the U.S. Department of Health and Human
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1 Services.
2 N. Judicial or Administrative Proceedings
3 COUNTY may terminate this Agreement in accordance with the terms and conditions of
4 this Agreement as written hereinabove, if: (1) a CONTRACTOR is found guilty in a criminal proceeding
5 for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or (2) a finding or stipulation
6 that a CONTRACTOR has violated a privacy or security standard or requirement of the HITECH Act,
7 HIPAA or other security or privacy laws in an administrative or civil proceeding in which the
8 CONTRACTOR is a party.
9 O. Effect of Termination
10 Upon termination or expiration of this Agreement for any reason, CONTRACTOR shall
11 return or destroy all PHI received from COUNTY (or created or received by CONTRACTOR on behalf of
12 COUNTY) that CONTRACTOR still maintains in any form and shall retain no copies of such PHI. If
13 return or destruction of PHI is not feasible, it shall continue to extend the protections of these provisions
14 to such information, and limit further use of such PHI to those purposes that make the return or
15 destruction of such PHI infeasible. This provision shall apply to PHI that is in the possession of
16 subcontractors or agents, if applicable, of CONTRACTOR. If CONTRACTOR destroy the PHI data, a
17 certification of date and time of destruction shall be provided to the COUNTY by CONTRACTOR.
18 P. Disclaimer
19 COUNTY makes no warranty or representation that compliance by CONTRACTOR with
20 these provisions, the HITECH Act, HIPAA or the HIPAA regulations will be adequate or satisfactory for
21 CONTRACTOR'S own purposes or that any information in CONTRACTOR'S possession or control, or
22 transmitted or received by CONTRACTOR, is or will be secure from unauthorized access, viewing, use,
23 disclosure, or breach. CONTRACTOR is solely responsible for all decisions made by CONTRACTOR
24 regarding the safeguarding of PHI.
25 Q. Amendment
26 The parties acknowledge that Federal and State laws relating to electronic data security
27 and privacy are rapidly evolving and that amendment of these provisions may be required to provide for
28 procedures to ensure compliance with such developments. The parties specifically agree to take such
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1 action as is necessary to amend this agreement in order to implement the standards and requirements
2 of HIPAA, the HIPAA regulations, the HITECH Act and other applicable laws relating to the security or
3 privacy of PHI. COUNTY may terminate this Agreement upon thirty (30) days written notice in the event
4 that CONTRACTOR do not enter into an amendment providing assurances regarding the safeguarding
5 of PHI that COUNTY in its sole discretion, deems sufficient to satisfy the standards and requirements of
6 HIPAA, the HIPAA regulations and the HITECH Act.
7 R. No Third-Party Beneficiaries
8 Nothing express or implied in the terms and conditions of these provisions is intended to
9 confer, nor shall anything herein confer, upon any person other than COUNTY or CONTRACTOR and
10 their respective successors or assignees, any rights, remedies, obligations or liabilities whatsoever.
11 S. Interpretation
12 The terms and conditions in these provisions shall be interpreted as broadly as
13 necessary to implement and comply with HIPAA, the HIPAA regulations and applicable State laws. The
14 parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved in
15 favor of a meaning that complies and is consistent with HIPAA and the HIPAA regulations.
16 T. Regulatory References
17 A reference in the terms and conditions of these provisions to a section in the HIPAA
18 regulations means the section as in effect or as amended.
19 U. Survival
20 The respective rights and obligations of CONTRACTOR as stated in this Section shall
21 survive the termination of this Agreement.
22 V. No Waiver of Obligations
23 No change, waiver or discharge of any liability or obligation hereunder on any one or
24 more occasions shall be deemed a waiver of performance of any continuing or other obligation or shall
25 prohibit enforcement of any obligation on any other occasion.
26 W. Public Health Exception Extended
27 1) The HIPAA Privacy Rule creates a special rule for a subset of public health
28
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1 activities whereby HIPAA cannot preempt state law if, "[t]he provision of state law,
2 including state procedures established under such law, as applicable, provides for
3 the reporting of disease or injury, child abuse, birth, or death, or for the conduct of
4 public health surveillance, investigation, or intervention." (45 C.F.R. § 160.203(c)
5 [HITECH Act, § 13421, sub. (a)].) ;
6 2) Public To the extent a disclosure or use of information received under this
7 agreement may also be considered a disclosure or use of"Protected Health
8 Information" (PHI) of an individual, as that term is defined in Section 160.103 of Title
9 45, Code of Federal Regulations, the following Privacy Rule provisions apply to
10 permit such data disclosure and/or use by COUNTY and CONTRACTOR, without
11 the consent or authorization of the individual who is the subject of the PHI:
12 a. HIPAA cannot preempt state law if, "[t]he provision of state law,
13 including state procedures established under such law, as applicable, provides for
14 the reporting of disease or injury, child abuse, birth, or death, or for the conduct of
15 public health surveillance, investigation, or intervention." (45 C.F.R. § 160.203(c)
16 [HITECH Act, § 13421, sub. (a)].)];
17 b. A covered entity may disclose PHI to a "public health authority"
18 carrying out public health activities authorized by law; (45 C.F.R. § 164.512(b).);
19 C. A covered entity may use or disclose protected health information to
20 the extent that such use or disclosure is required by law and the use or disclosure
21 complies with and is limited to the relevant requirements of such law." (Title 45
22 C.F.R. §§ 164.502 (a)(1)(vii), 164.512(a))(1).)
23 8. MODIFICATION: Any matters of this Agreement may be modified from time to time by the
24 written consent of all the parties without, in any way, affecting the remainder.
25 9. NON-ASSIGNMENT: Neither party shall assign, transfer, or sub-contract this Agreement
26 nor their rights or duties under this Agreement, without the prior written consent of the other party.
27 10. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
28 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
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1 expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or
2 resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
3 officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
4 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
5 or corporation who may be injured or damaged by the performance, or failure to perform, of
6 CONTRACTOR, its officers, agents, or employees under this Agreement.
7 The provisions of this Section 10 shall survive the termination of this Agreement.
8 11. INSURANCE
9 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
10 parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance
11 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
12 Joint Powers Agreement(JPA)throughout the term of the Agreement:
13 A. Commercial General Liabilitv
14 Commercial General Liability Insurance with limits of not less than Two Million Dollars
15 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
16 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
17 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
18 liability or any other liability insurance deemed necessary because of the nature of this contract.
19 B. Automobile Liability
20 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
21 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
22 used in connection with this Agreement.
23 C. Professional Liabilitv
24 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
25 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
26 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
27 D. Worker's Compensation
28 A policy of Worker's Compensation insurance as may be required by the California Labor
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1 Code.
2 Additional Requirements Relating to Insurance
3 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
4 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
5 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
6 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
7 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
8 provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
9 a minimum of thirty(30) days advance written notice given to COUNTY.
10 CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
11 employees any amounts paid by the policy of worker's compensation insurance required by this
12 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
13 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under
14 this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
15 Within Thirty(30) days from the date CONTRACTOR signs and executes this Agreement,
16 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
17 foregoing policies, as required herein, to the County of Fresno, Internal Services Department, Attention:
18 Business Office, 333 W. Pontiac Way, Clovis, CA 93612, stating that such insurance coverage have been
19 obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be
20 responsible for any premiums on the policies; that for such worker's compensation insurance the
21 CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and employees any
22 amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that such
23 Commercial General Liability insurance names the County of Fresno, its officers, agents and employees,
24 individually and collectively, as additional insured, but only insofar as the operations under this Agreement
25 are concerned; that such coverage for additional insured shall apply as primary insurance and any other
26 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess
27 only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this
28 insurance shall not be cancelled or changed without a minimum of thirty(30) days advance, written notice
-15-
1 given to COUNTY.
2 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
3 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
4 Agreement upon the occurrence of such event.
5 All policies shall be issued by admitted insurers licensed to do business in the State of California,
6 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
7 FSC VII or better.
8 12. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours,
9 and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of
10 its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall,
11 upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
12 necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
13 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
14 the examination and audit of the California State Auditor for a period of three (3) years after final payment
15 under contract(Government Code Section 8546.7).
16 13. NOTICES: The persons and their addresses having authority to give and receive notices
17 under this Agreement include the following:
18 COUNTY CONTRACTOR
19 ISD DEPT. OF PUBLIC HEALTH VALLEY CENTER FOR THE BLIND
Director of Internal Services/CIO Director of Public Health Executive Director
20 333 W. Pontiac Way 1221 Fulton Street 3417 W. Shaw Ave.
Clovis, CA 93612 Fresno, CA 93721 Fresno, CA 93711
21
All notices between the COUNTY and CONTRACTOR provided for or permitted under this
22
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
23
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
24
personal service is effective upon service to the recipient. A notice delivered by first-class United States
25
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
26
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
27
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
28
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1 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
2 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
3 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
4 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
5 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
6 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
7 including but not limited to the Government Claims Act(Division 3.6 of Title 1 of the Government Code,
8 beginning with section 810).
9 14. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall
10 only be in Fresno County, California.
11 The rights and obligations of the parties and all interpretation and performance of this Agreement
12 shall be governed in all respects by the laws of the State of California.
13 15. DATA SECURITY
14 CONTRACTOR shall comply with all obligations in Exhibit C "Data Security", attached and
15 incorporated by this reference.
16 16. LOBBYING ACTIVITY
17 None of the funds provided under this Agreement shall be used for publicity, lobbying, or
18 propaganda purposes designed to support or defeat legislation pending in the Congress of the United
19 States of America or the Legislature of the State of California.
20 17. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
21 COLUNTARY EXCLUSION-LOWER TIER COFVERED TRANSACTIONS
22 A. COUNTY and CONTRACTOR recognize that CONTRACTOR is a
23 recipient of Federal funds under the terms of this Agreement. By signing this Agreement,
24 CONTRACTOR agrees to comply with applicable Federal suspension and debarment regulations,
25 including but not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order
26 12549. By signing this Agreement, CONTRACTOR attests to the best of its knowledge and belief,
27 that it and its principals:
28 1. Are not presently debarred, suspended, proposed for
-17-
1 debarment, declared ineligible, or voluntarily excluded by any Federal
2 department or agency; and
3 2. Shall not knowingly enter into any covered transaction
4 with an entity or person who is proposed for debarment under Federal
5 regulations, debarred, suspended, declared ineligible, or voluntarily
6 excluded from participation in such transaction.
7 B. CONTRACTOR shall provide immediate written notice to COUNTY if at
8 any time during the term of this Agreement CONTRACTOR learns that the representations it
9 makes above were erroneous when made or have become erroneous by reason of changed
10 circumstances.
11 C. CONTRACTOR shall include a clause titled "Certification regarding
12 debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions"
13 and similar in nature to this paragraph in all lower tier covered transactions and in all solicitations
14 for lower tier coverage transactions.
15 D. CONTRACTOR shall, prior to soliciting or purchasing goods and services
16 in excess of$25,000 funded by this Agreement, review and retain the proposed vendor's
17 suspension and debarment status at https:Hsam.gov/SAM/.
18 18. DISCLOSURE OF SELF-DEALING TRANSACTIONS
19 This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit
20 or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its status
21 to operate as a corporation.
22 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing transactions
23 that they are a party to while CONTRACTOR is providing goods or performing services under this
24 agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party
25 and in which one or more of its directors has a material financial interest. Members of the Board of
26 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
27 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated herein by
28 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
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1 immediately thereafter.
2 19. ELECTRONIC SIGNATURES
3 The parties agree that this Agreement may be executed by electronic signature as provided in
4 this section. An "electronic signature" means any symbol or process intended by an individual signing
5 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
6 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
7 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
8 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
9 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
10 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
11 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
13 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
14 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
15 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
16 conditioned upon the parties conducting the transactions under it by electronic means and either party
17 may sign this Agreement with an original handwritten signature.
18 20. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
19 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
20 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
21 understanding of any nature whatsoever unless expressly included in this Agreement.
22
23
24
25
.26
27
28
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3
4 CONTRACTOR COUNT F FIRESNO
5 �LUVnja, S �fijMJ E'
Authorized Sig ure) Brian Pacheco, Chairman of the Board of
6 Supervisors of the County of Fresno
7 Shellena Heber, Executive Director
Print Name & Title
8
3417 W Shaw Avenue
9
Fresno, CA 93711
10 Mailing Address ATTEST:
11 Bernice E. Seidel
Clerk of the Board of Supervisors
12 County of Fresno, State of California
13
14
15 By:
16 Depufi!
FOR ACCOUNTING USE ONLY:
17 INTERNAL SERVICES:
18 Fund: 1020
Subclass: 10000
19 ORG: 8905
20 Account: 7295
21
22 PUBLIC HEALTH:
Fund: 0001
23
Subclass 10000
24 ORG: 56201019
25 Account: 7295
26
27
28
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1 EXHIBIT A
2 SCOPE OF WORK
3 COUNTY PHONE OPERATOR ADMINISTRATION
4 A. Preparing the Phones
5 1. When ready to answer the switchboard, see the three options at the bottom of the phone screen; "Ready",
6 "NotReady" and "SignOut"
2. Select the left-most button under"Ready"
7 3. The phones are now ready to answer
8
B. Determining Which Phone Line is Ringing
9
1. The button along the left side of the phone console will glow gold/orange to differentiate which line is
10 actively ringing.
11 2. (05956) is phone number 559-600-5956, the main Fresno County switchboard number. This line is
12 answered "Fresno County Operator. How may/direct your call?"
13 C. Operator Line Hours of Operation
14 1. Operator calls are answered between 8:OOAM -5:OOPM Monday through Friday.
15
D. Transferring Calls
16
1. The only numbers necessary to transfer a call are the last 4 digits of the phone number. When
17 transferring a call, the number 0 must be entered first and then the last 4 numbers of the phone number.
18 For example, to transfer a call to the Department of Social Services 600-9001, hit the "Transfer button.
19 This indicates what function the phone will perform. Enter 0, then 9001. Listen for the outgoing message
and then hit the "Transfer" button again. This tells the phone to complete the operation.
20 2. When making an outside call (other than a County phone number), dial 9 first and then the area code (if
21 necessary)and then the 7-digit number.
22 3. For long distance calls, dial 9, 1-XXX-XXXX
23 E. Placing Calls on Hold/Returning from hold
24 1. Select the"hold" button located in the lower middle to place a call on hold.
25 2. Select the "resume" button to return from the hold.
3. You may place a call on hold and then dial an extension or phone number should you need to start a new
26 call. Once the second call has ended, the "resume" button will reappear.
27
28
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1 For technical assistance with the Cisco Jabber soft phone, call (559) 600-5900. Communicate that
2 you are a contractor for the County operator phone line and explain the technical issue you are
experiencing with Cisco Jabber. The ISD-IT Help Desk will create a ticket to assist with technical
3 issues.
4
5
6
7
8
9 COUNTY OF FRESNO OPERATOR PHONE LIST
600-1710 ADMINISTRATION(CAO) 600-7242 FACILITY SERVICES
10 600-4301 ADA-Americans w/Disability Act-PW 600-2575 FICTICIOUS BUSINESS NAME/LICENSE(FBN)
600-2396 ADOPTION 600-7530 FLEET SERVICES
11 600-3383 ADULT PROTECTIVE SERVICES 800-418-1426 600-4405 FMAAA-FN MADERA AGENCY ON AGING
855-832-8082 AGED BLIND&DISABLED -DSS Medical 600-4446 FOSTER CARE
12 600-4405 AGENCY ON AGING-FMAAA Meals On Wheels 600-4211 FRAUD HOTLINE
600-7510 AGRICULTURE-WEIGHTS&MEASURES 600-2650 GENERAL RELIEF-DSS
13 600-3534 ASSESSOR 600-6689 INDEPENDENT LIVING PROGRAM(ILP)
600-3496 AUDITOR-CONTROLLER&TTC 600-5800 INTERNAL SERVICES
14 600-3357 ANIMAL CONTROL 600-3180 GRAPHIC COMMUNICATIONS
600-3529 BOARD OF SUPERVISORS CLERK 600-3200 HEALTH-MAIN PUBLIC HEALTH
15 600-4560 BUILDING INSPECTIONS 600-6415 HEALTH-DOG LICENSE INFORMATION
600-4540 BUILDING PERMITS/ZONING 600-3357 ENVIRONMENTAL HEALTH(POOL DRAIN)
16 600-3300 CALIFORNIA CHILDREN SERVICES-CCS 600-3476 HALL OF RECORDS
(BIRTH/DEATH/MARRIAGE/DIVORCE)
17 600-8918 CHILDREN MENTAL HEALTH SERVICES 600-3271 HEALTH-HAZARDOUS WASTE PROGRAM
622-1793 CHILD ABUSE PREVENTION or 800-422-4453 600-3550 HEALTH-IMMUNIZATIONS
18 600-6400 CHILD PROTECTIVE SERVICES(CPS) 600-3434 HEALTH-MEDICAL MARIJUANA ID CARD
600-3713 CHILD CARE(EMPLOYMENT SERVICES) 600-3330 HEALTH-NURSING
19 866-901-3212 CHILD SUPPORT 600-3357 HEALTH-WELLS WATER&SPRINGS TESTING
600-4550 CODE ENFORCEMENT/VACANT PROPERTY 600-1810 HUMAN RESOURCES-EMPLOYEE BENEFITS
20 600-4099 CONSERVATORSHIP 600-1820 HUMAN RESOURCES-Employment Verifiction
600-4292 COMMUNITY DEVELOPMENT-Housing Progam 600-1830 HUMAN RESOURCES-PERSONNEL INFO
21 600-3400 CORONER 600-6666 IN HOME SUPPORTIVE SRVC
600-2575 COUNTY CLERK/Marriage Lic/bi=name/license 600-6580 INDIGENT SERVICE-PUBLIC HEALTH
22 600-3479 COUNTY COUNSEL 888-373-7011 JAIL INMATE INFORMATION Ph 600-8600
600-1377 DEPT.SOCIAL SERVICES/MEDI-CAL 600-3996 JJC-JUVENILE JUSTICE CAMPUS
23 600-9980 CaTt-esh,CalWorks/FOODSTAMPS 600-6100 JUVENILE DISTRICT ATTORNEY
24 600-3141 DISTRICT ATTORNEY/identity theft 600-6155 JUVENILE PUBLIC DEFENDER
600-1705 DOMESTIC VIOLENCE(on Fine Ave.) 600-1840 LABOR RELATIONS-DISCRIMINATION
600-8683 ELECTIONS OFFICE 600-2227 LAW LIBRARY
25 600-7838 EMERGENCY MEDICAL SERVICES 1 600-3184 ILIBRARY(CENTRAL)
26 600-4109 ENGINEER-ROADS/BRIDGES 600-6213 LIBRARY-REFERENCE
27
PAGE1
28
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1
2
3
4
5 COUNTY OF FRESNO OPERATOR PHONE LIST
600-3217 LIBRARY-TALKING BOOK.(BLIND) 457-1900 CIVIL COURT
6 600-4099 MENTAL HEALTH-BEHAV HLTH 457-1801 CRIMINAL FELONY
600-3004 PARKS-PUBLIC WORKS 457-1802 CRIMINAL MISDEMEANOR
7 600-3600 PAYROLL-AC/TTC 457-2100 DIVORCE/family law
600-7180 PHF-CRESTWOOD MENTAL HEALTH FAC 457-2108 FAMILY COURT SERVICES
8 600-6040 PROBATION-ADULT&Offender Work Prog 457-1600 JURY DUTY-COURTS MGR 457-1605
9 600-3996 PROBATION-JUVENILE 457-4810 JUVENILE DELINQUENCY COURT
600-2115 PUBLIC ADMINISTRATOR 457-2100 MEDIATION-COURTS
10 600-3546 PUBLIC DEFENDER-ADULT 457-1888 PROBATE COURT EXAMINER
600-1500 PUBLIC GUARDIAN - BEHAV HLTH 457-0681 RETIREMENT
11 600-4078 PUBLIC WORKS&PLANNING 457-1900 SMALL CLAIMS - EVICTIONS
600-4259 PW RESOURCES GARBAGE/WATER 457-4902 SUPERIOR COURT-CALENDAR
12 600-3509 REAL PROPERTY/assessor 457-1820 SUPERIOR COURT-CRIMINAL
600-3471 RECORDER-Property Info/Deeds 457-4910 SUPERIOR COURT-INTERPRETER
13
600-1850 RISK MANAGEMENT 457-2000 SUPERIOR COURT&ACTION CENTER
14 600-4240 ROADS/FALLEN TREES 457-1700 SUPERIOR COURT-TRAFFIC
600-3815 RRD-REVENUE REIMBURSMENT Dept 457-4903 SUPI CT ARCHIVES-DIVORCE PAPER
15 600-1722 SECURITY or 24 hr#452-7102 263-1000 EOC/WINDOWS economic opp commission
600-6785 SECURITY-GSA-PARKING 241-7515 COOPERATIVE EXTENSION OFFICE
16 600-6767 SENIOR RESOURCE CENTER 237-2961 CENTRO LA FAMILIA or 877-294-3772
600-8230 SHERIFF CIVIL-FEES&FINES 265-3010 SUPERINTENDENT OF SCHOOLS
17 600-3111 SHERIFF DISPATCH 800 491-5170 VINE Victim Notification Services
600-8400 SHERIFF INFORMATION 443-8400 HOUSING AUTHORITY
18 888 373-7011 SHERIFF INMATE INFO Ph:600-8600 621-7433 HANDY RIDE
600-3482 PROPERTY TAX COLLECTOR
19 600-4271 TOURISM&FILM COMMISSION
20 600-3282 TRANS AUTHORITY
600-3357 VECTOR CONTROL
21 600-5436 VETERANS SERVICES - DSS
600-3310 VITAL STATISTICS(newborn up to 1 yr)
22 600-2822 VICTIMS OF VIOLENT CRIMES
600-5045 WELFARE FRAUD
23 600-4550 Bees
CHP--262-0400 Abandoned Vehicles
24 CWP--600-8515 PAGE 2
25
26 .
27
28
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1
2 EXHIBIT B
3 CONTRACTOR SERVICE RATES
4
5 Description Est. Hours Hourly Rate
6
7 COF Phone Operator Administration: Years 1-3 7,047 $ 29.00
8
COF Phone Operator Administration: Years 4 2,358 $ 30.00
9
10 COF Phone Operator Administration: Years 5 2,349 $ 31.00
11
COF Disability Equity/Covid Information Line
12 7,740 $ 29.00
Administration: Years 1-3
13
COF Disability Equity Line/Covid Information
14
Administration: 2,580 $ 30.00
15
Year 4
16 COF Disability Equity Line/Covid Information
17 Administration: 2,580 $ 31.00
18 Years 5
19 COF COVID-19 Contact tracing and outbreak
20 mitigation: 2,080 $ 30.50
21 January 1st, 2022 —June 30tt', 2022
22
Additional Services (Years 1-3) 360 $29.00
23
24
Additional Services (Year 4) 120 $30.00
25
. 26
27 Additional Services (Years 1-3) 120 $31.00
28
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-25-
1 EXHIBIT C
2 DATA SECURITY
3 A. Definitions.
4 Capitalized terms used in this Exhibit C have the meanings set forth in this section A.
5
"Authorized Employees" means CONTRACTOR's employees who have access to Personal
6 Information.
7 "Authorized Persons" means: (i) any and all Authorized Employees; and (ii) any and all of
8 CONTRACTOR's subcontractors, representatives, agents, outsourcers, and consultants, and
providers of professional services to CONTRACTOR, who have access to Personal Information
9 and are bound by law or in writing by confidentiality obligations sufficient to protect Personal
10 Information in accordance with the terms of this Exhibit C.
11 "Director" means COUNTY's Director of Internal Services-Chief Information Officer or his or her
12 designee.
13 "Disclose" or any derivative of that word means to disclose, release, transfer, disseminate, or
otherwise provide access to or communicate all or any part of any Personal Information orally, in
14 writing, or by electronic or any other means to any person.
15 "Person" means any natural person, corporation, partnership, limited liability company, firm, or
16 association.
17 "Personal Information" means any and all information, including any data, provided, or to which
18 access is provided, to CONTRACTOR by or upon the authorization of COUNTY, under this
Agreement, including but not limited to vital records, that: (i) identifies, describes, or relates to, or is
19 associated with, or is capable of being used to identify, describe, or relate to, or associate with, a
person (including, without limitation, names, physical descriptions, signatures, addresses,
20 telephone numbers, e-mail addresses, education, financial matters, employment history, and other
21 unique identifiers, as well as statements made by or attributable to the person); (ii) is used or is
capable of being used to authenticate a person (including, without limitation, employee
22 identification numbers, government-issued identification numbers, passwords or personal
23 identification numbers (PINs), financial account numbers, credit report information, answers to
security questions, and other personal identifiers); or is personal information within the meaning of
24 California Civil Code section 1798.3, subdivision (a), or 1798.80, subdivision (e). Personal
25 Information does not include publicly available information that is lawfully made available to the
general public from federal, state, or local government records.
26
"Privacy Practices Complaint" means a complaint received by COUNTY relating to
27 CONTRACTOR's (or any Authorized Person's) privacy practices, or alleging a Security Breach.
28
-26-
1 Such complaint shall have sufficient detail to enable CONTRACTOR to promptly investigate and
take remedial action under this Exhibit C.
2
3 "Security Safeguards" means physical, technical, administrative or organizational security
procedures and practices put in place by CONTRACTOR (or any Authorized Persons)that relate
4 to the protection of the security, confidentiality, value, or integrity of Personal Information. Security
5 Safeguards shall satisfy the minimal requirements set forth in subsection C.(5) of this Exhibit C.
6 "Security Breach" means (i) any act or omission that compromises either the security,
confidentiality, value, or integrity of any Personal Information or the Security Safeguards, or (ii) any
7 unauthorized Use, Disclosure, or modification of, or any loss or destruction of, or any corruption of
8 or damage to, any Personal Information.
9 "Use" or any derivative thereof means to receive, acquire, collect, apply, manipulate, employ,
10 process, transmit, disseminate, access, store, disclose, or dispose of Personal Information.
11 B. Standard of Care.
12 (1) CONTRACTOR acknowledges that, in the course of its engagement by COUNTY under this
Agreement, CONTRACTOR, or any Authorized Persons, may Use Personal Information only as
13 permitted in this Agreement.
14 (2) CONTRACTOR acknowledges that Personal Information is deemed to be confidential
15 information of, or owned by, COUNTY (or persons from whom COUNTY receives or has received
Personal Information) and is not confidential information of, or owned or by, CONTRACTOR, or
16 any Authorized Persons. CONTRACTOR further acknowledges that all right, title, and interest in or
17 to the Personal Information remains in COUNTY (or persons from whom COUNTY receives or has
received Personal Information) regardless of CONTRACTOR's, or any Authorized Person's, Use of
18 that Personal Information.
19 (3) CONTRACTOR agrees and covenants in favor of COUNTY that CONTRACTOR shall: (i) keep
20 and maintain all Personal Information in strict confidence, using such degree of care under this
Subsection B as is reasonable and appropriate to avoid a Security Breach; (ii) Use Personal
21 Information exclusively for the purposes for which the Personal Information is made accessible to
22 CONTRACTOR pursuant to the terms of this Exhibit C; (iii) not Use, Disclose, sell, rent, license, or
otherwise make available Personal Information for CONTRACTOR's own purposes or for the
23 benefit of anyone other than COUNTY, without COUNTY's express prior written consent, which the
24 COUNTY may give or withhold in its sole and absolute discretion; and (iv) not, directly or indirectly,
Disclose Personal Information to any person (an "Unauthorized Third Party") other than Authorized
25 Persons pursuant to this Agreement, without the Director's and the Recorder's express prior
26 written consent.
27 Notwithstanding the foregoing paragraph, in any case in which CONTRACTOR believes it, or any
Authorized Person, is required to disclose Personal Information to government regulatory
28 authorities, or pursuant to a legal proceeding, or otherwise as may be required by applicable law,
-27-
1 CONTRACTOR shall (a) immediately notify COUNTY of the specific demand for, and legal
authority for the disclosure, including providing County with a copy of any notice, discovery
2 demand, subpoena, or order, as applicable, received by CONTRACTOR, or any Authorized
3 Person, from any government regulatory authorities, or in relation to any legal proceeding, and (b)
promptly notify COUNTY before such Personal Information is offered by CONTRACTOR for such
4 disclosure so that COUNTY may have sufficient time to obtain a court order or take any other
5 action COUNTY may deem necessary to protect the Personal Information from such disclosure,
and CONTRACTOR shall cooperate with COUNTY to minimize the scope of such disclosure of
6 such Personal Information.
7 C. Information Security.
8
(1) CONTRACTOR covenants, represents and warrants to COUNTY that CONTRACTOR's Use of
9 Personal Information under this Agreement does and shall at all times comply with all applicable
10 federal, state, and local, privacy and data protection laws, as well as all other applicable
regulations and directives, including but not limited to California Civil Code, Division 3, Part 4, Title
11 1.81 (beginning with section 1798.80), and the Song-Beverly Credit Card Act of 1971 (California
Civil Code, Division 3, Part 4, Title 1.3, beginning with section 1747). If CONTRACTOR Uses
12 credit, debit or other payment cardholder information, CONTRACTOR shall at all times remain in
13 compliance with the Payment Card Industry Data Security Standard ("PCI DSS") requirements,
including remaining aware at all times of changes to the PCI DSS and promptly implementing and
14 maintaining all procedures and practices as may be necessary to remain in compliance with the
15 PCI DSS, in each case, at CONTRACTOR's sole cost and expense.
16 (2) CONTRACTOR covenants, represents and warrants to COUNTY that, as of the Effective Date,
CONTRACTOR has not received notice of any violation of any privacy or data protection laws, as
17 well as any other applicable regulations or directives, and is not the subject of any pending legal
18 action or investigation by, any government regulatory authority regarding same.
19 (3)Without limiting CONTRACTOR's obligations under subsection C.(1) of this Exhibit C,
20 CONTRACTOR's (or Authorized Person's) Security Safeguards shall be no less rigorous than
accepted industry practices and, at a minimum, include the following: (i) limiting Use of Personal
21 Information strictly to CONTRACTOR's and Authorized Persons' technical and administrative
personnel who are necessary for the CONTRACTOR's, or Authorized Persons', Use of the
22 Personal Information pursuant to this Agreement; (ii) ensuring that all of CONTRACTOR's
23 connectivity to County computing systems will only be through COUNTY's security gateways and
firewalls, and only through security procedures approved upon the express prior written consent of
24 the Director; (iii) to the extent that they contain or provide access to Personal Information, (a)
25 securing business facilities, data centers, paper files, servers, back-up systems and computing
equipment, operating systems, and software applications, including, but not limited to, all mobile
26 devices and other equipment, operating systems, and software applications with information
27 storage capability; (b) employing adequate controls and data security measures, both internally
and externally, to protect (1)the Personal Information from potential loss or misappropriation, or
28 unauthorized Use, and (2) the COUNTY's operations from disruption and abuse; (c) having and
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1 maintaining network, device application, database and platform security; (d) maintaining
authentication and access controls within media, computing equipment, operating systems, and
2 software applications; and (e) installing and maintaining in all mobile, wireless, or handheld
3 devices a secure internet connection, having continuously updated anti-virus software protection
and a remote wipe feature always enabled, all of which is subject to express prior written consent
4 of the Director; (iv) encrypting all Personal Information at advance encryption standards of
5 Advanced Encryption Standards (AES) of 128 bit or higher(a) stored on any mobile devices,
including but not limited to hard disks, portable storage devices, or remote installation, or (b)
6 transmitted over public or wireless networks (the encrypted Personal Information must be subject
7 to password or pass phrase, and be stored on a secure server and transferred by means of a
Virtual Private Network (VPN) connection, or another type of secure connection, all of which is
8 subject to express prior written consent of the Director); (v) strictly segregating Personal
9 Information from all other information of CONTRACTOR, including any Authorized Person, or
anyone with whom CONTRACTOR or any Authorized Person deals so that Personal Information is
10 not commingled with any other types of information; (vi) having a patch management process
including installation of all operating system/software vendor security patches; (vii) maintaining
11 appropriate personnel security and integrity procedures and practices, including, but not limited to,
12 conducting background checks of Authorized Employees consistent with applicable law; and (viii)
providing appropriate privacy and information security training to Authorized Employees.
13
14 (4) During the term of each Authorized Employee's employment by CONTRACTOR,
CONTRACTOR shall cause such Authorized Employees to abide strictly by CONTRACTOR's
15 obligations under this Exhibit C. CONTRACTOR further agrees that it shall maintain a disciplinary
16 process to address any unauthorized Use of Personal Information by any Authorized Employees.
17 (5) CONTRACTOR shall, in a secure manner, backup daily, or more frequently if it is
CONTRACTOR's practice to do so more frequently, Personal Information received from COUNTY,
18 and the COUNTY shall have immediate, real time access, at all times, to such backups via a
19 secure, remote access connection provided by CONTRACTOR, through the Internet.
20 (6) CONTRACTOR shall provide COUNTY with the name and contact information for each
Authorized Employee (including such Authorized Employee's work shift, and at least one alternate
21 Authorized Employee for each Authorized Employee during such work shift) who shall serve as
22 COUNTY's primary security contact with CONTRACTOR and shall be available to assist COUNTY
twenty-four (24) hours per day, seven (7) days per week as a contact in resolving
23 CONTRACTOR's and any Authorized Persons' obligations associated with a Security Breach or a
24 Privacy Practices Complaint.
25 D. Security Breach Procedures.
Z6 . (1) Immediately.upon CONTRACTOR's awareness or reasonable belief of a Security Breach,
CONTRACTOR shall (a) notify the Director of the Security Breach, such notice to be given first by
27 telephone at the following telephone number, followed promptly by email at the following email
28 address: (559) 600-6200/ematthews@fresnocountyca.gov (which telephone number and email
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I address COUNTY may update by providing notice to CONTRACTOR), and (b) preserve all
relevant evidence (and cause any affected Authorized Person to preserve all relevant evidence)
2 relating to the Security Breach. The notification shall include, to the extent reasonably possible,
3 the identification of each type and the extent of Personal Information that has been, or is
reasonably believed to have been, breached, including but not limited to, compromised, or
4 subjected to unauthorized Use, Disclosure, or modification, or any loss or destruction, corruption,
5 or damage.
6 (2) Immediately following CONTRACTOR's notification to COUNTY of a Security Breach, as
provided pursuant to subsection D.(1) of this Exhibit C, the Parties shall coordinate with each
7 other to investigate the Security Breach. CONTRACTOR agrees to fully cooperate with COUNTY,
8 including, without limitation: (i) assisting COUNTY in conducting any investigation; (ii) providing
COUNTY with physical access to the facilities and operations affected; (iii)facilitating interviews
9 with Authorized Persons and any of CONTRACTOR's other employees knowledgeable of the
10 matter; and (iv) making available all relevant records, logs, files, data reporting and other
materials required to comply with applicable law, regulation, industry standards, or as otherwise
11 reasonably required by COUNTY. To that end, CONTRACTOR shall, with respect to a Security
12 Breach, be solely responsible, at its cost, for all notifications required by law and regulation, or
deemed reasonably necessary by COUNTY, and CONTRACTOR shall provide a written report of
13 the investigation and reporting required to the Director within thirty (30) days after the
14 CONTRACTOR's discovery of the Security Breach.
15 (3) County shall promptly notify CONTRACTOR of the Director's knowledge, or reasonable
belief, of any Privacy Practices Complaint, and upon CONTRACTOR's receipt of notification
16 thereof, CONTRACTOR shall promptly address such Privacy Practices Complaint, including
17 taking any corrective action under this Exhibit C, all at CONTRACTOR's sole expense, in
accordance with applicable privacy rights, laws, regulations and standards. In the event
18 CONTRACTOR discovers a Security Breach, CONTRACTOR shall treat the Privacy Practices
19 Complaint as a Security Breach. Within twenty-four (24) hours of CONTRACTOR's receipt of
notification of such Privacy Practices Complaint, CONTRACTOR shall notify COUNTY whether
20 the matter is a Security Breach, or otherwise has been corrected and the manner of correction,
21 or determined not to require corrective action and the reason therefor.
22 (4) CONTRACTOR shall take prompt corrective action to respond to and remedy any Security
Breach and take mitigating actions, including but not limiting to, preventing any reoccurrence of
23 the Security Breach and correcting any deficiency in Security Safeguards as a result of such
24 incident, all at CONTRACTOR's sole expense, in accordance with applicable privacy rights,
laws, regulations and standards. CONTRACTOR shall reimburse COUNTY for all reasonable
25 costs incurred by COUNTY in responding to, and mitigating damages caused by, any Security
Breach, including all costs of COUNTY incurred relation to any litigation or other action described
26 subsection D.(5) of this Exhibit C.
27
28
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1 (5) CONTRACTOR agrees to cooperate, at its sole expense, with COUNTY in any litigation or
2 other action to protect COUNTY's rights relating to Personal Information, including the rights of
persons from whom COUNTY receives Personal Information.
3
E. Oversight of Security Compliance.
4
(1) CONTRACTOR shall have and maintain a written information security policy that specifies
5 Security Safeguards appropriate to the size and complexity of CONTRACTOR's operations and
6 the nature and scope of its activities.
7 (2) Upon COUNTY's written request, to confirm CONTRACTOR's compliance with this Exhibit C,
as well as any applicable laws, regulations and industry standards, CONTRACTOR grants
$ COUNTY or, upon COUNTY's election, a third party on COUNTY's behalf, permission to perform
9 an assessment, audit, examination or review of all controls in CONTRACTOR's physical and
technical environment in relation to all Personal Information that is Used by CONTRACTOR
10 pursuant to this Agreement. CONTRACTOR shall fully cooperate with such assessment, audit or
11 examination, as applicable, by providing COUNTY or the third party on COUNTY's behalf,
access to all Authorized Employees and other knowledgeable personnel, physical premises,
12 documentation, infrastructure and application software that is Used by CONTRACTOR for
13 Personal Information pursuant to this Agreement. In addition, CONTRACTOR shall provide
COUNTY with the results of any audit by or on behalf of CONTRACTOR that assesses the
14 effectiveness of CONTRACTOR's information security program as relevant to the security and
15 confidentiality of Personal Information Used by CONTRACTOR or Authorized Persons during the
course of this Agreement under this Exhibit C.
16
(3) CONTRACTOR shall ensure that all Authorized Persons who Use Personal Information
17 agree to the same restrictions and conditions in this Exhibit C. that apply to CONTRACTOR with
18 respect to such Personal Information by incorporating the relevant provisions of these provisions
into a valid and binding written agreement between CONTRACTOR and such Authorized
19 Persons, or amending any written agreements to provide same.
20 F. Return or Destruction of Personal Information.
21 Upon the termination of this Agreement, CONTRACTOR shall, and shall instruct all Authorized
22 Persons to, promptly return to COUNTY all Personal Information, whether in written, electronic or
other form or media, in its possession or the possession of such Authorized Persons, in a
23 machine readable form used by COUNTY at the time of such return, or upon the express prior
24 written consent of the Recorder and the Director, securely destroy all such Personal Information,
and certify in writing to the COUNTY that such Personal Information have been returned to
25 COUNTY or disposed of securely, as applicable. If CONTRACTOR is authorized to dispose of
26 any such Personal Information, as provided in this Exhibit C, such certification shall state the
date, time, and manner (including standard) of disposal and by whom, specifying the title of the
27 individual. CONTRACTOR shall comply with all reasonable directions provided by the Recorder
28 and the Director with respect to the return or disposal of Personal Information and copies thereof.
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1 If return or disposal of such Personal Information or copies of Personal Information is not
2 feasible, CONTRACTOR shall notify COUNTY according, specifying the reason, and continue to
extend the protections of this Exhibit C to all such Personal Information and copies of Personal
3 Information. CONTRACTOR shall not retain any copy of any Personal Information after returning
or disposing of Personal Information as required by this section F. CONTRACTOR's obligations
4 under this section F survive the termination of this Agreement and apply to all Personal
5 Information that CONTRACTOR retains if return or disposal is not feasible and to all Personal
Information that CONTRACTOR may later discover.
6
7 G. Equitable Relief.
8 CONTRACTOR acknowledges that any breach of its covenants or obligations set forth in this
Exhibit C may cause COUNTY irreparable harm for which monetary damages would not be
9 adequate compensation and agrees that, in the event of such breach or threatened breach,
10 COUNTY is entitled to seek equitable relief, including a restraining order, injunctive relief,
specific performance and any other relief that may be available from any court, in addition to any
11 other remedy to which COUNTY may be entitled at law or in equity. Such remedies shall not be
deemed to be exclusive but shall be in addition to all other remedies available to COUNTY at law
12 or in equity or under this Agreement.
13
H. Indemnification.
14
CONTRACTOR shall defend, indemnify and hold harmless COUNTY, its officers, employees,
15 and agents, (each, a "COUNTY Indemnitee")from and against any and all infringement of
16 intellectual property including, but not limited to infringement of copyright, trademark, and trade
dress, invasion of privacy, information theft, and extortion, unauthorized Use, Disclosure, or
17 modification of, or any loss or destruction of, or any corruption of or damage to, Personal
18 Information, Security Breach response and remedy costs, credit monitoring expenses,
forfeitures, losses, damages, liabilities, deficiencies, actions,judgments, interest, awards, fines
19 and penalties (including regulatory fines and penalties), costs or expenses of whatever kind,
including attorneys' fees and costs, the cost of enforcing any right to indemnification or defense
20 under this Exhibit C and the cost of pursuing any insurance providers, arising out of or resulting
21 from any third party claim or action against any COUNTY Indemnitee in relation to
CONTRACTOR's, its officers, employees, or agents, or any Authorized Employee's or
22 Authorized Person's, performance or failure to perform under this Exhibit C or arising out of or
23 resulting from CONTRACTOR's failure to comply with any of its obligations under this section H.
The provisions of this section H do not apply to the acts or omissions of COUNTY. The
24 provisions of this section H are cumulative to any other obligation of CONTRACTOR to, defend,
25 indemnify, or hold harmless any COUNTY Indemnity under this Agreement. The provisions of
this section H shall survive the termination of this Agreement.
26
I. Survival.
27
The respective rights and obligations of CONTRACTOR and COUNTY as stated in this Exhibit C
28 shall survive the termination of this Agreement.
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1 J. No Third Party Beneficiary.
2 Nothing express or implied in the provisions of in this Exhibit C is intended to confer, nor shall
3 anything herein confer, upon any person other than COUNTY or CONTRACTOR and their
respective successors or assignees, any rights, remedies, obligations or liabilities whatsoever.
4
L. No County Warranty.
5
COUNTY does not make any warranty or representation whether any Personal Information in
6 CONTRACTOR's (or any Authorized Persons) possession or control, or Use by CONTRACTOR
7 (or any Authorized Person), pursuant to the terms of this Agreement is or will be secure from
unauthorized Use, or a Security Breach or Privacy Practices Complaint.
8
9
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21
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1 EXHIBIT D
2 SELF-DEALING TRANSACTION DISCLOSURE FORM
3
4 In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members
5 of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any
6 self-dealing transactions that they are a party to while providing goods, performing services, or both for
7 the County. A self-dealing transaction is defined below:
8 "A self-dealing transaction means a transaction to which the corporation is a party and in which
9 one or more of its directors has a material financial interest"
10
11 The definition above will be utilized for purposes of completing this disclosure form.
12
INSTRUCTIONS
13
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
14 (2) Enter the board member's company/agency name and address.
15 (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to
16 the County. At a minimum, include a description of the following:
17 a. The name of the agency/company with which the corporation has the transaction; and
18 b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
19 (4) Describe in detail why the self-dealing transaction is appropriate based on
20 applicable provisions of the Corporations Code.
21 (5) Form must be signed by the board member that is involved in the self-dealing
22 transaction described in Sections (3) and (4).
23
24
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26
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1
2 (1)Company Board Member Information:
Name: Date:
3 Job Title:
4 (2)Company/Agency Name and Address:
5
6
7
8
9 (3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
10
11
12
13
14
15
16
17
18
19
20 (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
21
22
23
24
25
26
(5)Authorized Signature
27 Signature: Date:
28
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/ C r [M Email Me]
Suspension of Competition Acquisition Request Double click!
�'RES
1. Fully describe the product(s) and/or service(s) being requested.
Partnership with Valley Center for the Blind to be the main operator for the information line serving the disability
community in the Fresno County and provide services associated with the County general operator line.
2. Identify the selected vendor and contact person; include the address, phone number and e-mail address for each.
Valley Center for the Blind
3417 W. Shaw Ave
Fresno, CA 93711
Contact: Shellena Herber Email: SHeber@myVCB.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 potential cost is $811,000.00 for the full five year term of the agreement. The initial 3-year term shall not
exceed $505,000.00. This increases to $655,000.00 upon the first optional one-year extension and increases to
the full $811,000.00 total upon the second optional one-year extension.
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.
Valley Center for the Blind (VCB) is the only organization in the Fresno County who is operating the COVID
information line to the disabled community. VCB has been performing the services under Exceptional Parent
Unlimited in the COVID Equity Project since October 20, 2020 and has the capacity to meet the needs within the
disabled community. VCB is also the only workforce development organization in the Central Valley for the
visually impaired. During their collaboration in the COVID Equity Project, VCB's has increased its administrative
capacity and are fully capable of direct contract with Fresno County and expand its workforce development to the
visually impaired community while supporting other County services.
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$2,500 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.
During VCB's collaboration in the COVID Equity Project, VCB has grown to serve as the COVID information hub for
referral to the disabled community.As the COVID Equity Project is set to end on December 31, 2021, the information
line provided by VCB is a vital component to the Fresno County's disability community. In addition, these skills can be
fully utilized in servicing the information line needs for ITSD since this staff is fully trained to manage a county
information line. Fully trained staff will support immediate implementation for ITSD and continue a supporting the
disabled community through the information line. Improving economic mobility to all Fresno County residents is a
goal of the Department and this vendor provides this opportunity for a particular part of the population that has
significant challenges in obtaining a job.
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.
Conducting a google search, Valley Center for the Blind is cited by multiple central valley county agericies as a
resource for the visually impaired community. Workforce development companies for the visually impaired are
located in the Bay Area and Los Angeles area. Valley Center for the Blind is local and more intimately familiar
with the needs of the community.
chjones 12/28/2021 4:28:24 PM Senior Staff Analyst [a Sign] Double click!
Requested By: Title
E-PD-048 (Rev 07/2021)
approve this request to suspend competition for the service(s) and/or product(s) identified herein.
rbash 12/29/2021 4:38:01 AM [Q Sign] Double click!
Department Head Signature
gcornuelle 1/3/2022 11:40:08 AM [a Sign] Double click!
Purchasing Manager Signature
E-PD-048 (Rev 07/2021)