HomeMy WebLinkAboutAgreement A-16-111 with Blue Ocean Safety.pdf Agreement No. 16-111
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 15th day of March 2016 , by and
3 amongst the COUNTY OF FRESNO, a Political Subdivision of the State of California,hereinafter
4 referred to as "COUNTY", the FRESNO COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC
5 AUTHORITY, a corporate public body, hereinafter referred to as"PA", and Blue Ocean Safety, a
6 private company, whose address is 8839 N. Cedar Avenue#34, Fresno, CA 93720, hereinafter
7 referred to as "CONTRACTOR".
8 WITNESSETH:
9 WHEREAS, COUNTY has a need for First Aid and Cardiopulmonary Resuscitation(CPR)
10 Training for its healthcare provider staff in its Department of Public Health(DPH); and
11 WHEREAS, the PA is the employer of record for providers of In-Home Supportive Services
12 (IHSS) in Fresno County; and
13 WHEREAS, the PA has a Registry of IHSS providers who can be referred to IHSS recipients;
14 and
15 WHEREAS, IHSS providers on the PA Registry are required to be trained in First Aid and
16 (CPR); and
17 WHEREAS, CONTRACTOR is able to provide training in First Aid and CPR which meets
18 American Heart Association and American Red Cross standards; and
19 WHEREAS,the COUNTY and PA entered into Agreement A-13-270, effective May 7, 2013,
20 whereby COUNTY's Department of Social Services (DSS) agreed to provide PA staffing for data
21 reporting, contract administration and program liaison functions; and
22 WHEREAS, COUNTY, PA and CONTRACTOR desire to coordinate services in order to
23 ensure DPH Healthcare Provider staff and IHSS providers on the PA Registry are certified in First Aid
24 and CPR.
25 NOW, THEREFORE, in consideration of their mutual covenants and conditions,the parties:
26 hereto agree as follows:
27 1. SERVICES
28 A. CONTRACTOR shall perform all services and fulfill all responsibilities as set
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1 forth in Exhibit A, "Summary of Services"and Exhibit B, "Budget Summary", both attached hereto
2 and incorporated herein by this reference. In addition, CONTRACTOR shall perform all services and
3 fulfill all responsibilities as set forth in Request for Quotation(RFQ)No. 924-5381, dated September
4 15, 2015, and CONTRACTOR's Response to RFQ No. 924-5381, both of which are incorporated
5 herein by reference and made part of this Agreement.
6 B. CONTRACTOR shall participate in monthly meetings, or as often as needed,
7 with COUNTY and PA staff to discuss requirements, data reporting,policies and procedures, overall
8 program operations and any issues or foreseeable issues which may arise.
9 C. COUNTY and PA staff shall monitor CONTRACTOR's performance to assure
10 compliance with the terms, conditions and specifications of the contract.
11 D. In the event of the termination or expiration of this Agreement in accordance
12 with Section Two (2) or Three (3) of this Agreement, CONTRACTOR shall provide First Aid and
13 CPR training services to DPH staff and IHSS providers in accordance with the terms and conditions of
14 this Agreement, working with COUNTY staff, PA staff and/or COUNTY and PA's contracted
15 vendor(s). Transitional services shall include, but is not limited to the transfer of training records and
16 shall not exceed a maximum of thirty (30) days. This Section of the Agreement shall survive thirty
17 (30) days from the expiration or written termination date of this Agreement.
18 2. TERM
19 This Agreement shall become effective upon execution by all parties and shall terminate
20 on the 281h day of February 2019.
21 This Agreement may renew for two (2) additional twelve (12)month periods,through
22 February 28, 2021 upon the same terms and conditions herein set forth, unless written notice of non-
2 3 renewal is given by CONTRACTOR, COUNTY's DSS Director or designee, PA's Executive Director
24 or designee, or COUNTY's DPH Director or designee not later than sixty(60) days prior to the close
25 of the current Agreement term.
26 3. TERMINATION
27 A. Non-Allocation of Funds -The terms of this Agreement, and the services to be
28 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
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1 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
2 terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
3 B. Breach of Contract- COUNTY or PA may immediately suspend or terminate
4 this Agreement in whole or in part, where in the determination of COUNTY or PA there is:
5 1) An illegal or improper use of funds;
6 2) A failure to comply with any term of this Agreement;
7 3) A substantially incorrect or incomplete report submitted to COUNTY
8 and/or PA;
9 4) Improperly performed service.
10 In no event shall any payment by COUNTY or PA constitute a waiver by
11 COUNTY or PA of any breach of this Agreement or any default, which may then exist on the part of
12 CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to COUNTY
13 or PA with respect to the breach or default. COUNTY and PA shall have the right to demand of
14 CONTRACTOR the repayment to COUNTY and/or PA of any funds disbursed to CONTRACTOR
15 under this Agreement, which in the judgment of COUNTY and/or PA were not expended in
16 accordance with the terms of this Agreement. CONTRACTOR shall promptly refund any such funds
17 upon demand or, at COUNTY's and/or PA's option, such repayment shall be deducted from future
18 payments owing to CONTRACTOR under this Agreement.
19 C. Without Cause - Under circumstances other than those set forth above,this
20 Agreement may be terminated by CONTRACTOR, COUNTY's DSS Director or designee, PA's
21 Executive Director or designee, or COUNTY's DPH Director or designee upon the giving of thirty
22 (30) days advance written notice of an intention to terminate the Agreement.
23 4. COMPENSATION
24 For actual services provided as identified in the terms and conditions of this Agreement,
25 COUNTY and PA agree to pay CONTRACTOR and CONTRACTOR agrees to receive compensation
26 in accordance with Exhibit B, "Budget Summary." Mandated travel shall be reimbursed based on
27 actual expenditures and mileage reimbursement shall be at CONTRACTOR's adopted rate per mile,
28 not to exceed the IRS published rate. CONTRACTOR agrees to limit administrative cost to a
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1 maximum of 15%of the total program budget and to limit employee benefits to a maximum of 20% of
2 total salaries for those employees working under this Agreement during each term of this Agreement.
3 Failure to conform to this provision will be grounds for contract termination at the option of the
4 COUNTY. Payment shall be made upon certification or other proof satisfactory to COUNTY and/or
5 PA that services have actually been performed by CONTRACTOR in accordance with terms and
6 conditions as specified in this Agreement.
7 For the period effective upon execution by all parties through February 28, 2019 of this
8 Agreement, in no event shall compensation for actual services performed under this Agreement be in
9 excess of Ninety Thousand and No/100 Dollars ($90,000.00). For each optional twelve (12)month
10 extension thereafter, in no event shall actual services performed under this Agreement be in excess of
11 Thirty Thousand and No/100 Dollars ($30,000.00). In no event shall the cumulative total of this
12 Agreement be in excess of One Hundred Fifty Thousand and No/100 Dollars ($150,000.00). It is
13 understood that all expenses incidental to CONTRACTOR's performance of services under this
14 Agreement shall be borne by CONTRACTOR.
15 Except as provided below regarding State payment delays, payments by
16 COUNTY and PA shall be in arrears, for services provided during the preceding month, within forty-
17 five (45) days after receipt, verification and approval of CONTRACTOR's invoices by COUNTY and
18 PA staff. If CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY
19 and/or PA shall be relieved of its obligation for further compensation. All final claims and/or any final
20 budget modification requests shall be submitted by CONTRACTOR within sixty(60) days following
21 the final month of service for which payment is claimed. No action shall be taken by COUNTY and/or
22 PA on claims submitted beyond the sixty(60) day closeout period. Any compensation which is not
23 expended by CONTRACTOR pursuant to the terms and conditions of this Agreement shall
24 automatically revert to COUNTY and/or PA.
25 The services provided by CONTRACTOR under this Agreement are funded in whole or
26 in part by the State of California. In the event that funding for these services is delayed by the State
27 Controller, COUNTY and/or PA may defer payment to CONTRACTOR. The amount of the deferred
28 payment shall not exceed the amount of funding delayed by the State Controller to COUNTY and/or
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1 PA. The period of time of the deferral by COUNTY and/or PA shall not exceed the period of time of
2 the State Controller's delay of payment to COUNTY and/or PA plus forty-five (45) days.
3 5. INVOICING
4 CONTRACTOR shall invoice PA and COUNTY's DPH in arrears by the tenth(lOtn)of
5 each month for actual expenses incurred and services rendered in the previous month to:
6 DSSInvoices@co.fresno.ca.us (PA) and to tharris@co.fresno.ca.us (DPH) A monthly activity report
7 shall accompany the invoice, reflecting services supported by the invoiced expenditures and be in a
8 form and in such detail as acceptable to COUNTY's DPH and PA. Invoices shall contain supporting
9 documentation including but not limited to receipts, invoices received and documented
10 administrative/overhead costs. No reimbursement for services shall be made until invoices, reports and
11 outcomes are received,reviewed and approved by PA and/or COUNTY's DPH.
12 At the discretion of PA's Executive Director or designee, or COUNTY's DPH Director
13 or designee, if an invoice is incorrect or is otherwise not in proper form or substance, PA's Executive
14 Director or designee, or COUNTY's DPH Director or designee, shall have the right to withhold
15 payment as to only that portion of the invoice that is incorrect or improper after five (5) days prior
16 notice to CONTRACTOR. CONTRACTOR agrees to continue to provide services for a period of
17 ninety (90) days after notification of an incorrect or improper invoice. If after the ninety (90)day
18 period,the invoice(s) is still not corrected to PA's and/or COUNTY's DPH's satisfaction, PA's
19 Executive Director or designee, or COUNTY's DPH Director or designee, may elect to terminate this
20 Agreement, pursuant to the termination provisions stated in Paragraph Three (3) of this Agreement. In
21 addition, for invoices received ninety (90) days after the expiration of each term of this Agreement or
22 termination of this Agreement, at the discretion of COUNTY's DSS Director or designee, PA's
23 Executive Director or Designee, or COUNTY's DPH Director or designee, COUNTY's DPH and/or
24 PA shall have the right to deny payment of any additional invoices received.
25 6. INDEPENDENT CONTRACTOR
26 In performance of the work, duties, and obligations assumed by CONTRACTOR under
27 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
28 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
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1 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
2 employee,joint venturer, partner, or associate of COUNTY or PA. Furthermore, COUNTY and PA
3 shall have no right to control or supervise or direct the manner or method by which CONTRACTOR
4 shall perform its work and function. However, COUNTY and PA shall retain the right to administer
5 this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with
6 the terms and conditions thereof. CONTRACTOR, COUNTY and PA shall comply with all
7 applicable provisions of law and the rules and regulations, if any, of governmental authorities having
8 jurisdiction over matters which are directly or indirectly the subject of this Agreement.
9 Because of its status as an independent contractor, CONTRACTOR shall have
10 absolutely no right to employment rights and benefits available to COUNTY and/or PA employees.
11 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
12 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
13 save COUNTY and PA harmless from all matters relating to payment of CONTRACTOR's
14 employees, including compliance with Social Security, withholding, and all other regulations
15 governing such matters. It is acknowledged that during the term of this Agreement, CONTRACTOR
16 may be providing services to others unrelated to COUNTY and/or PA or to this Agreement.
17 7. MODIFICATION
18 A. Any matters of this Agreement may be modified from time to time by the written
19 consent of all the parties without, in any way, affecting the remainder.
20 B. Notwithstanding the above, changes to line items in the budget, attached hereto
21 as Exhibit B, in an amount not to exceed 10%of the total maximum compensation as identified in
22 Section Four(4) of this Agreement, may be made with the written approval of PA's Executive
23 Director or designee, or COUNTY's DPH Director or designee, and CONTRACTOR. Budget line
24 item changes shall not result in any change to the maximum compensation amount payable to
25 CONTRACTOR, as stated in section 4.
26 C. CONTRACTOR hereby agrees that changes to the compensation under this
27 Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
28 COUNTY's DSS Director or designee, PA's Executive Director or designee, or COUNTY's DPH
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1 Director or designee, may modify the maximum compensation depending on State and Federal
2 funding availability, as stated in Section Four (4) in this Agreement. CONTRACTOR further
3 understands that this Agreement is subject to any restrictions, limitations or enactments of all
4 legislative bodies which affect the provisions,term or funding of this Agreement in any manner.
5 8. NON-ASSIGNMENT
6 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
7 duties under this Agreement without the prior written consent of the other party.
8 9. HOLD-HARMLESS
9 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's or PA's
10 request, defend COUNTY and PA,their officers, agents and employees from any and all costs and
11 expenses, including attorney fees and court costs, damages, liabilities, claims and losses occurring or
12 resulting to COUNTY or PA in connection with the performance, or failure to perform, by
13 CONTRACTOR, its officers, agents or employees under this Agreement, and from any and all costs
14 and expenses, including attorney fees and court costs, damages, liabilities, claims and losses occurring
15 or resulting to any person, firm or corporation who may be injured or damaged by the performance, or
16 failure to perform, of CONTRACTOR, its officers, agents or employees under this Agreement. In
17 addition, CONTRACTOR agrees to indemnify COUNTY and PA for Federal, State of California
18 and/or local audit exceptions resulting from noncompliance herein on the part of the CONTRACTOR.
19 10. INSURANCE
20 Without limiting COUNTY's or PA's right to obtain indemnification from
21 CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force
22 and effect the following insurance policies throughout the term of this Agreement:
23
A. Commercial General Liability
24
Commercial General Liability Insurance with limits of not less than One Million
2 5 Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million
26 Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
COUNTY or PA may require specific coverage including completed operations,
27 product liability, contractual liability, Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary
2 8 because of the nature of the Agreement.
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1 B. Automobile Liability
2 Comprehensive Automobile Liability Insurance with limits for bodily injury of
3 not less than Two Hundred Fifty Thousand Dollars ($250,000)per person, Five
Hundred Thousand Dollars ($500,000)per accident and for property damages of
4 not less than Fifty Thousand Dollars ($50,000), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
5 should include owned and non-owned vehicles used in connection with this
6 Agreement.
7 C. Professional Liability
8 If CONTRACTOR employs licensed professional staff(e.g. Ph.D., R.N.,
9 L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars ($1,000,000)per occurrence, Three
10 Million Dollars ($3,000,000) annual aggregate.
11 CONTRACTOR agrees that it shall maintain, at its sole expense, in full force
and effect for a period of three (3) years following the termination of this
12 Agreement, one or more policies of professional liability insurance with limits of
13 coverage as specified herein.
14 D. Worker's Compensation
15 A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
16
17 CONTRACTOR shall obtain endorsements to the Commercial General Liability
18 insurance naming the County of Fresno and Fresno County In-Home Supportive Services Public
19 Authority, their officers, agents, and employees, individually and collectively, as additional insured,
20 but only insofar as the operations under this Agreement are concerned. Such coverage for additional
21 insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
22 COUNTY or PA,their officers, agents and employees shall be excess only and not contributing with
23 insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or
24 changed without a minimum of thirty(30) days advance written notice given to COUNTY's DPH and
25 PA.
26 CONTRACTOR will be required to furnish a Faithful Performance Bond in an amount
27 equal to one hundred percent(100%) of the contract price.
28 Within thirty (30) days from the date CONTRACTOR signs this Agreement,
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1 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the
2 foregoing policies, as required herein,to DSSCotitractInsurarlcegco.fresno.ca.us for PA and PO Box
3 11867, Attn: Facilities Analyst for COUNTY's DPH, stating that such insurance coverages have been
4 obtained and are in full force; that the County of Fresno and Fresno County In-Home Supportive
5 Services Public Authority, their officers, agents and employees will not be responsible for any
6 premiums on the policies; that such Commercial General Liability insurance names the County of
7 Fresno and Fresno County In-Home Supportive Services Public Authority, their officers, agents and
8 employees, individually and collectively, as additional insured, but only insofar as the operations
9 under this Agreement are concerned; that such coverage for additional insured shall apply as primary
10 insurance and any other insurance, or self-insurance, maintained by COUNTY or PA, its officers,
11 agents and employees, shall be excess only and not contributing with insurance provided under
12 CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a
13 minimum of thirty(30) days advance, written notice given to COUNTY's DPH and PA.
14 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
15 herein provided, COUNTY or PA may, in addition to other remedies it may have, suspend or
16 terminate this Agreement upon the occurrence of such event.
17 All policies shall be with admitted insurers licensed to do business in the State of
18 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
19 of A FSC VII or better.
20 11. CONFIDENTIALITY
21 All services performed by CONTRACTOR under this Agreement shall be in strict
22 conformance with all applicable Federal, State of California, and/or local laws and regulations relating
23 to confidentiality.
24 12. CONFLICT OF INTEREST
25 No officer, agent, or employee of COUNTY or PA who exercises any function or
26 responsibility for planning and carrying out the services provided under this Agreement shall have any
27 direct or indirect personal financial interest in this Agreement. In addition, no employee of COUNTY
28 or PA shall be employed by CONTRACTOR to fulfill any contractual obligations with COUNTY or
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1 PA. CONTRACTOR shall also comply with all Federal, State of California, and local conflict of
2 interest laws, statutes, and regulations, which shall be applicable to all parties and beneficiaries under
3 this Agreement and any officer, agent, or employee of COUNTY or PA.
4 13. DISCLOSURE OF SELF-DEALING TRANSACTIONS
5 This provision is only applicable if CONTRACTOR is operating as a corporation(a for-
6 profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its
7 status to operate as a corporation.
8 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
9 transactions that they are a party to while CONTRACTOR is providing goods or performing services
10 under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR
11 is a party and in which one or more of its directors has a material financial interest. Members of the
12 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
13 and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this
14 reference incorporated herein, and submitting it to COUNTY and PA prior to commencing with the
15 self-dealing transaction or immediately thereafter.
16 14. NON-DISCRIMINATION
17 During the performance of this Agreement CONTRACTOR shall not unlawfully
18 discriminate against any employee or applicant for employment, or recipient of services, because of
19 ethnic group identification, gender, gender identity, gender expression, sexual orientation, color,
20 physical disability, mental disability, medical condition, national origin, race, ancestry, marital status,
21 religion, or religious creed, pursuant to all applicable State of California and Federal statutes and
22 regulations.
23 15. LIMITED ENGLISH PROFICIENCY
24 CONTRACTOR shall provide interpreting and translation services to persons
25 participating in CONTRACTOR's services that have limited or no English language proficiency,
26 including services to persons who are deaf or blind. Interpreter and translation services shall be
27 provided as necessary to allow such participants meaningful access to the programs, services and
28 benefits provided by CONTRACTOR. Interpreter and translation services, including translation of
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1 CONTRACTOR's "vital documents" (those documents that contain information that is critical for
2 accessing CONTRACTOR's services or are required by law) shall be provided to participants at no
3 cost to the participant. CONTRACTOR shall ensure that any employees, agents, subcontractors, or
4 partners who interpret or translate for a program participant, or who directly communicate with a
5 program participant in a language other than English, demonstrate proficiency in the participant's
6 language and can effectively communicate any specialized terms and concepts peculiar to
7 CONTRACTOR's services.
8 16. CHARITABLE CHOICE
9 CONTRACTOR may not discriminate in its program delivery against a client or
10 potential client on the basis of religion or religious belief, a refusal to hold a religious belief, or a
11 refusal to actively participate in a religious practice. Any specifically religious activity or service made
12 available to individuals by CONTRACTOR must be voluntary as well as separate in time and location
13 from COUNTY or PA funded activities and services. CONTRACTOR shall inform COUNTY and
14 PA as to whether it is faith-based. If CONTRACTOR identifies as faith-based it must submit to
15 COUNTY's DPH and PA a copy of its policy on referring individuals to an alternate treatment
16 provider, and include a copy of this policy in its client admission forms. The policy must inform
17 individuals that they may be referred to an alternative provider if they object to the religious nature of
18 the program, and include a notice to DSS. Adherence to this policy will be monitored during annual
19 site reviews, and a review of client files. If CONTRACTOR identifies as faith-based, by July 1 of
20 each year CONTRACTOR will be required to report to COUNTY's DPH and PA the number of
21 individuals who requested referrals to alternate providers based on religious objection.
22 17. PROHIBITION ON PUBLICITY
23 None of the funds, materials, property or services provided directly or indirectly under
24 this Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity(i.e.,
2 5 purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
26 Notwithstanding the above,publicity of the services described in Section One (1) of this Agreement
27 shall be allowed as necessary to raise public awareness about the availability of such specific services
28 when approved in advance by COUNTY'S DSS Director or designee, PA's Executive Director or
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1 designee, or COUNTY'S DPH Director or designee, and at a cost to be included in the fee for service
2 budget included in Exhibit B.
3 19. PERSONNEL DISCLOSURE
4 CONTRACTOR shall make available to COUNTY's DPH and PA a list of all
5 CONTRACTOR personnel providing services hereunder. Changes to this list will be immediately
6 provided to COUNTY's DPH and PA in writing. The list shall provide the following information:
7 A. All full or part-time staff positions by title whose direct services are required to
8 provide the program services described herein;
9 B. A brief description of the functions of each such position and hours each person
10 in such position works each week or, for part-time positions, each day or month, as appropriate;
11 C. The education and experience levels required for each position; and
12 D. The names of persons filling the identified positions and languages staff is able
13 to provide services in.
14 20. DATA SECURITY
15 For the purpose of preventing the potential loss,misappropriation or inadvertent
16 disclosure of COUNTY data including sensitive or personal client information; abuse of County
17 resources; and/or disruption to County operations, individuals and/or agencies that enter into a
18 contractual relationship with the COUNTY for the purpose of providing services under this
19 Agreement must employ adequate data security measures to protect the confidential information
20 provided to the CONTRACTOR by the COUNTY, including but not limited to the following:
21 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
22 County networks via personally owned mobile, wireless or handheld devices, except when authorized
23 by COUNTY for telecommuting and then only if virus protection software currency agreements are in
24 place and if a secure connection is used.
25 B. Contractor-Owned Computers or Computer Peripherals may not be brought
26 into the COUNTY for use without prior authorization from the COUNTY's Chief Information Officer
27 and/or designee(s), including and not limited to mobile storage devices. Data must be stored on a
28 secure server approved by the COUNTY and transferred by means of a VPN(Virtual Private
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1 Network) connection, or another type of secure connection of this type if any data is approved to be
2 transferred.
3 C. County-Owned Computer Equipment—CONTRACTOR or anyone having an
4 employment relationship with the COUNTY may not use COUNTY computers or computer
5 peripherals on non-COUNTY premises without prior authorization from the COUNTY's Chief
6 Information Officer and/or designee(s).
7 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive
8 data on any hard-disk drive.
9 E. CONTRACTOR is responsible to employ strict controls to insure the integrity
10 and security of the COUNTY's confidential information and to prevent unauthorized access to data
11 maintained in computer files,program documentation, data processing systems, data files and data
12 processing equipment which stores or processes COUNTY data internally and externally.
13 F.Confidential client information transmitted to one party by the other by means of
14 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of
15 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
16 G. CONTRACTOR is responsible to immediately notify COUNTY of any breaches
17 or potential breaches of security related to COUNTY's confidential information, data maintained in
18 computer files, program documentation, data processing systems, data files and data processing
19 equipment which stores or processes COUNTY data internally or externally.
20 H. In the event of a breach of security related to COUNTY's confidential client
21 information provided to CONTRACTOR, COUNTY will manage the response to the incident,
22 however, CONTRACTOR will be responsible to issue any notification to affected individuals as
23 required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be
24 responsible for all costs incurred as a result of providing the required notification.
25 20. CLEAN AIR AND WATER
26 In the event the funding under this Agreement exceeds One Hundred Thousand and
27 No/100 Dollars ($100,000.00), CONTRACTOR shall comply with all applicable standards,orders or
28 requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq; the Clean Water
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1 Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws and regulations, promulgated
2 thereunder. Under these laws and regulations, CONTRACTOR shall assure:
3 A. No facility shall be utilized in the performance of the Agreement that has been
4 listed on the Environmental Protection Agency(EPA) list of Violating Facilities;
5 B. COUNTY's DPH and PA shall be notified prior to execution of this Agreement
6 of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA
7 indicating that a facility to be utilized in the performance of this Agreement is under consideration to
8 be listed on the EPA list of Violating Facilities;
9 C. COUNTY's DPH, PA and U.S. EPA shall be notified about any known
10 violation of the above laws and regulations; and
11 D. This assurance shall be included in every nonexempt subgrant, contract, or
12 subcontract.
13 21. DRUG-FREE WORKPLACE REQUIREMENTS
14 CONTRACTOR hereby provides the certification that is required by regulations
15 implementing the Drug-Free Workplace Act of 1988, 45 CFR Part 76, Subpart F, requiring the
16 maintenance of a drug-free workplace. False certification or violation of the certification shall be
17 grounds for suspension of payments, suspension or termination of grants, or government wide
18 suspension or debarment. CONTRACTOR shall also comply with the requirements of the Drug-Free
19 Workplace Act of 1990 (California Government Code section 8350 et seq.)
20 22. DEBARMENT-CERTIFICATION REGARDING DEBARMENT,
21 SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER
22 TIER COVERED TRANSACTIONS
23 A. COUNTY, PA and CONTRACTOR recognize that Federal assistance funds
24 will be used under the terms of this Agreement. CONTRACTOR, hereby certifies, as required by the
25 regulation implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98,
26 section 98.510, Participant's responsibilities. The regulations were published as Part VII of the May
27 26, 1988 Federal Register(pages 19160-19211), the following:
28 1) Neither it nor its principals are presently debarred, suspended,proposed
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1 for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
2 any Federal department or agency.
3 2) Shall not knowingly enter into any lower tier covered transaction with a
4 person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in
5 this covered transaction, unless unauthorized by the Federal department or agency with which this
6 transaction originated.
7 3) Where CONTRACTOR is unable to certify to any of the statements in
8 this certification, CONTRACTOR shall attach an explanation to this Agreement.
9 4) Provide immediate written notice to COUNTY's DPH and PA if at any
10 time CONTRACTOR learns that its certification in Paragraph Twenty-Two (22)of this Agreement
11 was erroneous when submitted or has become erroneous by reason of changed circumstances.
12 5) Include a clause identical to Paragraph Twenty-Two (22) of this
13 Agreement and titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
14 Exclusion-Lower Tier Covered Transactions", in all lower tier covered transactions and in all
15 solicitations for lower tier covered transaction.
16 6) This assurance shall be included in every nonexempt subgrant,contract,
17 or subcontract that CONTRACTOR enters into relating to this Agreement.
18 7) The certification in Paragraph Twenty-Two (22) of this Agreement is a
19 material representation of fact upon which COUNTY and PA relied in entering into this Agreement.
20 23. ACKNOWLEDGEMENT
21 CONTRACTOR shall acknowledge in all public relations activities,materials and
22 publications that COUNTY's DPH and PA are funding sources for services to be provided through
23 this Agreement.
24 24. POLITICAL ACTIVITY
25 None of the funds, materials,property or services provided directly or indirectly under
26 this Agreement shall be used for any political activity, or to further the election or defeat of any
27 candidate for public office.
28
— 15 — COUNTY OF FRF_SNO
Fresno,CA
1 25. LOBBYING ACTIVITY
2 None of the funds provided under this Agreement shall be used for publicity,
3 lobbying or propaganda purposes designed to support or defeat legislation pending in the Congress of
4 the United States of America or the Legislature of the State of California.
5 26. STATE ENERGY CONSERVATION
6 CONTRACTOR must comply with the mandatory standard and policies relating to
7 energy efficiency which are contained in the State Energy Conservation Plan issued in compliance
8 with 42 United States (US) Code sections 6321, et. seq.
9 27. GRIEVANCES
10 CONTRACTOR shall establish procedures for handling client complaints and/or
11 grievances. Such procedures will include provisions for informing clients of their rights to a State
12 Hearing to resolve such issues.
13 28. FRATERNIZATION
14 CONTRACTOR shall establish procedures addressing fraternization between
15 CONTRACTOR's staff and clients. Such procedures will include provisions for informing
16 CONTRACTOR's staff and clients regarding fraternization guidelines.
17 29. INTERPRETATION OF LAWS AND REGULATIONS
18 COUNTY and PA reserve the right to make final interpretations or clarifications on
19 issues relating to Federal and State laws and regulations applicable to this Agreement, to ensure
20 compliance.
21 30. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
22 The parties, their officers, consultants, subcontractors, agents and employees shall
23 comply with all applicable State, Federal and local laws and regulations governing projects that
24 utilize Federal Funds.
25 31. RECORDS
26 A. Record Establishment and Maintenance
27 CONTRACTOR shall establish and maintain records in accordance with those
28 requirements prescribed by COUNTY and PA and communicated in writing to CONTRACTOR with
— 16 — COUNTY OF FRFSNO
Fresno,CA
1 respect to all matters covered by this Agreement. CONTRACTOR shall retain all fiscal books,
2 account records and client files for services performed under this Agreement for four(4) years from
3 date of final payment under this Agreement or until all State and Federal audits are completed for
4 that fiscal year, whichever is later.
5 B. Cost Documentation
6 1) CONTRACTOR shall submit to COUNTY's DPH and PA within ten
7 (10) calendar days following the end of the prior month all fiscal and program reports.
8 CONTRACTOR shall also furnish to COUNTY's DPH and PA such statements, records, data and
9 information as COUNTY or PA may request pertaining to matters covered by this Agreement. In the
10 event that CONTRACTOR fails to provide reports as provided herein, it shall be deemed sufficient
11 cause for COUNTY and/or PA to withhold payments until compliance is established.
12 2) All costs shall be supported by properly executed payrolls, time records,
13 invoices, vouchers, orders, or any other accounting documents pertaining in whole or in part to this
14 Agreement and they shall be clearly identified and readily accessible. The support documentation
15 must indicate the line budget account number to which the cost is charged.
16 3) COUNTY and/or PA shall notify CONTRACTOR in writing within
17 thirty(30) days of any potential State or Federal audit exception discovered during an examination.
18 Where findings indicate that program requirements are not being met by CONTRACTOR and State
19 or Federal participation in this program may be imperiled in the event that corrections are not
20 accomplished by CONTRACTOR within thirty(30) days of receipt of such notice from COUNTY
21 and/or PA,written notification of the findings shall constitute COUNTY's and/or PA's intent to
22 terminate this Agreement.
23 C. Service Documentation
24 CONTRACTOR agrees to maintain records to verify services under this
2 5 Agreement including names and addresses of clients served, the date of service and a description of
26 services provided on each occasion. These records and any other document pertaining in whole or in
27 part to this Agreement shall be clearly identified and readily accessible.
28
17 - COUNTY OF FREISNO
Fresno,CA
1 D. Use of Data
2 CONTRACTOR shall grant to COUNTY, PA, and the United States
3 Department of Health and Human Services the royalty-free, nonexclusive and irrevocable license
4 throughout the world to publish,translate, reproduce, deliver, perform, dispose of, duplicate,use,
5 and/or disclose in any manner and for any purpose whatsoever and to authorize others to do so, all
6 subject data now or hereafter covered by copyright. CONTRACTOR shall exert all reasonable effort
7 to advise COUNTY's DPH and/or PA at time of delivery of subject data furnished under this
8 Agreement, of all possible invasions of the right of privacy therein contained, and of all portions of
9 such subject data copied from work not composed or produced in the performance of this Agreement
10 and not licensed under this provision.
11 As used in this clause,the term"Subject Data"means writing, sound
12 recordings,pictorial reproductions, drawings, designs or graphic representations, procedural manuals,
13 forms, diagrams, work flow charts, equipment descriptions, data files and data processing of
14 computer programs, and works of any similar nature (whether or not copyrighted or copyrightable)
15 which are first produced or developed under this Agreement by or for CONTRACTOR. The term
16 does not include financial reports, cost analyses and similar information incidental to contract
17 administration.
18 CONTRACTOR shall report to COUNTY's DPH and PA promptly and in
19 written detail, each notice of claim of copyright infringement received by CONTRACTOR with
20 respect to all subject data delivered under this Agreement. CONTRACTOR shall not affix any
21 restrictive markings upon any data. If markings are affixed, COUNTY and PA shall have the right at
22 any time to modify, remove, obliterate or ignore such markings.
23 COUNTY and PA shall have access to any report,preliminary findings or data
24 assembled by CONTRACTOR under this Agreement. In addition, CONTRACTOR must receive
25 written permission from COUNTY and/or PA prior to publication of any materials developed under
26 this Agreement and file with COUNTY's DPH and PA a copy of all educational and training
27 materials, curricula, audio/visual aids, printed material and periodicals, assembled pursuant to this
28 Agreement prior to publication.
— 18 — COUNTY OF FRESNO
Fresno,CA
1 32. CERTIFICATIONS
2 CONTRACTOR shall throughout the term of this Agreement, maintain all necessary
3 certifications necessary for the provision of services hereunder and required by the laws and
4 regulations of the Fresno County Public Authority, United States, State of California,the County
5 of Fresno, and any other applicable governmental agency(ies). CONTRACTOR shall notify
6 COUNTY's DPH and PA immediately in writing of its inability to obtain or maintain all necessary
7 certifications, irrespective of the pendency of any appeal related thereto.
8 Additionally, CONTRACTOR shall comply with all other applicable laws,rules or regulations, as
9 any may now exist or be hereafter changed.
10 33. TAX EQUITY AND FISCAL RESPONSIBILITY ACT
11 To the extent necessary to prevent disallowance of reimbursement under section
12 1861(v)(1)(I) of the Social Security Act(42 U.S.C. § 1395x(v)(1)[I]), until the expiration of four(4)
13 years after the furnishing of services under this Agreement, CONTRACTOR shall make available,
14 upon written request to the Secretary of the United States Department of Health and Human Services,
15 or upon request to the Comptroller General of the United States General Accounting Office,or any of
16 their duly authorized representatives, a copy of this Agreement and such books, documents and
17 records as are necessary to certify the nature and extent of the costs of these services provided by
18 CONTRACTOR under this Agreement. CONTRACTOR further agrees that in the event
19 CONTRACTOR carries out any of its duties under this Agreement through a subcontract, with a value
20 or cost of Ten Thousand and No/100 Dollars ($10,000.00) or more over a twelve (12)month period,
21 with a related organization, such Agreement shall contain a clause to the effect that until the expiration
22 of four(4) years after the furnishing of such services pursuant to such subcontract, the related
23 organizations shall make available, upon written request to the Secretary of the United States
24 Department of Health and Human Services, or upon request to the Comptroller General of the United
25 States General Accounting Office, or any of their duly authorized representatives, a copy of such
26 subcontract and such books, documents and records of such organization as are necessary to verify the
27 nature and extent of such costs.
28
19 — COUNTY OF I7RESNO
Fresno,CA
1 34. SINGLE AUDIT CLAUSE
2 CONTRACTOR agrees to provide a copy of its audit report,performed in accordance
3 with the requirements of the Single Audit Act of 1984 (31 USC section 7502) and subject to the terms
4 of Office of Management and Budget(OMB) Circulars (A-110, A-122 and A-133),to COUNTY and
5 PA. Such audit shall be delivered to COUNTY's DPH and PA, for review not later than nine (9)
6 months after the close of the CONTRACTOR's fiscal year in which the funds supplied through this
7 Agreement are expended and/or received for this program. The audit must include a statement of
8 findings or a statement that there were no findings. If there were negative findings, CONTRACTOR
9 must include a corrective action plan signed by an authorized individual. Failure to comply with the
10 Single Audit Act may result in COUNTY and/or PA performing the necessary audit tasks, or, at
11 COUNTY's and/or PA's option, contracting with a qualified accountant to perform this audit. All
12 audit costs related to this Agreement are the sole responsibility of CONTRACTOR who agrees to take
13 corrective action to eliminate any material noncompliance or weakness found as a result of such audit.
14 Audit work performed by COUNTY and/or PA under this paragraph shall be performed only after
15 written notice to CONTRACTOR and billed to CONTRACTOR at COUNTY and/or PA cost as
16 determined by COUNTY's Auditor-Controller/Treasurer-Tax Collector.
17 35. AUDITS AND INSPECTIONS
18 CONTRACTOR shall at any time during business hours, and as often as COUNTY or
19 PA may deem necessary, make available to COUNTY's DPH and PA for examination all of its
20 records and data with respect to the matters covered by this Agreement. CONTRACTOR shall, upon
21 request by COUNTY or PA, permit COUNTY or PA to audit and inspect all such records and data
22 necessary to ensure CONTRACTOR's compliance with the terms of this Agreement.
23 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
24 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
25 General for a period of three (3) years after final payment under contract(California Government
26 Code section 8546.7).
27 In addition, CONTRACTOR shall cooperate and participate with COUNTY's and/or
28 PA's fiscal review process and comply with all final determinations rendered by the COUNTY's
— 20 — COUNTY OF FRI SNO
Fresno,CA
1 and/or PA's fiscal review process. If COUNTY or PA reaches an adverse decision regarding
2 CONTRACTOR's services to consumers, it may result in the disallowance of payment for services
3 rendered; or in additional controls to the delivery of services, or in the termination of this Agreement,
4 at the discretion of COUNTY's DSS Director or designee, PA's Executive Director or designee, or
5 COUNTY's DPH Director or designee. If as a result of COUNTY's or PA's fiscal review process a
6 disallowance is discovered due to CONTRACTOR's deficiency, CONTRACTOR shall be financially
7 liable for the amount previously paid by COUNTY and/or PA to CONTRACTOR and this
8 disallowance will be adjusted from CONTRACTOR's future payments, at the discretion of
9 COUNTY's DSS Director or designee, PA's Executive Director or designee, or COUNTY's DPH
10 Director or designee. In addition, COUNTY shall have the sole discretion in the determination of
11 fiscal review outcomes, decisions and actions.
12 36. NOTICES
13 The persons having authority to give and receive notices under this Agreement and their
14 addresses include the following:
15 COUNTY DSS CONTRACTOR
16 Director, County of Fresno President Blue Ocean Safety
17 Department of Social Services Blue Ocean Safety
PO BOX 1912 8839 N. Cedar Avenue#34
18 Fresno, CA 93718-1912 Fresno, CA 93720
19 COUNTY DPH Fresno County IHSS PA
20 Director, County of Fresno Executive Director
21 Department of Public Health IHSS PA
PO Box 11867 PO Box 1912
22 Fresno, CA 93775 Fresno, CA 93718-1912
23 37. CHANGE OF LEADERSHIP/MANAGEMENT
24 Any and all notices between COUNTY, PA and CONTRACTOR provided for or
25
permitted under this Agreement or by law, shall be in writing and shall be deemed duly served when
26
personally delivered to one of the parties, or in lieu of such personal service, when deposited in the
27
United States Mail, postage prepaid, addressed to such party.
28
In the event of any change in the status of CONTRACTOR'S leadership or
— 21 — COUNTY OF FRFSNO
Fresno,CA
1 management, CONTRACTOR shall provide written notice to COUNTY's DPH and PA within thirty
2 (30) days from the date of change. Such notification shall include any new leader or manager's name,
3 address and qualifications. "Leadership or management" shall include any employee, member, or
4 owner of CONTRACTOR who either a) directs individuals providing services pursuant to this
5 Agreement, b) exercises control over the manner in which services are provided, or c)has authority
6 over CONTRACTOR's finances.
7 38. GOVERNING LAW
8 The parties agree,that for the purposes of venue, performance under this Agreement is
9 to be in Fresno County, California.
10 The rights and obligations of the parties and all interpretation and performance of this
11 Agreement shall be governed in all respects by the laws of the State of California.
12 39. SEVERABILITY
13 Should any court or regulatory agency or body determine, in a form and manner which
14 render such determination enforceable against either of the parties, that any provision of this
15 Agreement is void, invalid, unenforceable, or illegal, such determination shall not affect any other
16 provision of this Agreement, and this Agreement shall, if reasonable, be construed and performed as if
17 such void, invalid, unenforceable, or illegal provision had never been contained herein.
18 40. PUBLIC AUTHORITY IS A SEPARATE LEGAL ENTITY
19 The PA is an independent legal entity, separate and apart from the COUNTY. The PA has no
20 power to bind the COUNTY to any contractual or legal obligations. Nor may CONTRACTOR seek
21 recourse against the COUNTY for any financial or legal obligation of the PA.
22 41. ENTIRE AGREEMENT
23 This Agreement, including Exhibit A, Exhibit B, RFQ No. 924-5381 and
24 CONTRACTOR's Response to RFQ No. 924-5381, constitutes the entire agreement amongst
25 CONTRACTOR, COUNTY and PA with respect to the subject matter hereof and supersedes all
26 previous agreements, negotiations,proposals, commitments, writings, advertisements,publications
27 and understandings of any nature whatsoever unless expressly included in this Agreement. In the
28 event of any inconsistency among the documents constituting the Agreement, the inconsistency shall
— 22 — COUNTY OF FRESNO
Fresno,CA
1 be resolved by giving precedence in the following order of priority: (1)to this Agreement, including
2 all Exhibits attached hereto; (2) COUNTY's RFQ No. 924-5381; and (3) Response to RFQ No. 924-
3 5381. A copy of COUNTY's RFQ No. 924-5381 and CONTRACTOR'S Response to RFQ No. 924-
4 5381 shall be retained and made available during the term of this Agreement by COUNTY's
5 Department of Social Services (DSS).
6
7
8
9
10
12 Ill
13 III
14
15
16
17
18
19
20
21
22
23
24 III
25
26
27
28
23 — COUNTY OF FRE sNO
Fresno,CA
1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written.
3
4
5 ATTEST:
6 CONTRACTOR: COUNTY OF FRESNO
BLUE OCEAN SAFETY
7
8
g By _u�,r' By i
Henry Se ano,President Ernest Buddy Mendes, hairman
10 Board of Supervisors
11 Print Name:
t�R 5 i P r.�Y FRESNO COUNTY IN-HOME SUPPORTIVE
12 Title: '
Chairman of the Board, or SERVICES PUBLIC AUTHORITY
13 President, or any Vice President
14 By
15 Ernest Buddy Mendes, Chairman
Governing Board In-Home Supportive
16 By_ �Z Services Public Authority
17 v,n�c V re-mcl'j I
Print Name:
18
Title:JQCCalL BERNICE E. SEIDEL, Clerk
19 Secretary(of-Corporation), or Board of Supervisors
20 any Assistant Secretary, or
Chief Financial Officer; or
21 any Assistant Treasurer
22 BY &_x SAjy\" eTp . O
23
24 Mailing Address:
2 5 Blue Ocean Safety
8839 N. Cedar Avenue, #34
26 Fresno,CA 93720
Phone No.: (559) 301-5195 PLEASE SEE ADDITIONAL
27 SIGNATURE PAGE ATTACHED
28 H
24 _ COUNTY OF FRESNO
Fresno,CA
i
1 APPROVED AS TO LEGAL FORM:
2 JANELLE KELLEY, COUNTY COUNSEL
3
4 By 'ti'ULI
5
APPW VED AS TO ACCOUNT G 0]RM:
6 VICKI'CROW, C.P.A.,AUDITOR- NTROLLER/
TREASURER-TAX COLLECTOR
7
8
9 By
10 REVIEWED AND RECOMMENDED
11 FOR APPROVAL:
12
13 By
14 be- o eira, Director
Department bf Social Services
15
16
17 By
David Poinaville, Director
18 Director of Public Health
19
20 Q
B y J/"�/') �
21 Jay Cr nin, Executive Director
22 - ome Supportive Services Public Authority
23 Fund/Subclass: 0001/10000
Organization: 5611
24 Acct/Program: 7295 (125,000)
25 Organization: 5620
Acct/Program: 7295 (25,000)
26
PLEASE SEE EXHIBIT B
27 FOR BUDGET ORGS AND FUNDING
28
— 25 COUNTY OF F11ESNO
Fresno,CA
Exhibit A
Page 1 of 3
SUMMARY OF SERVICES
ORGANIZATION: CONTRACTOR
SERVICES: FIRST AID & CARDIOPULMONARY RESUSCITATION (CPR)
TRAINING
ADULT/INFANT/CHILD CPR AND BASIC LIFE SUPPORT (BLS)
TRAINING
CONTACT PERSON: Henry Serrano, Owner
CONTACT INFO: blueoceansafety@gmaii.com
(559) 301-5195
CONTRACT TERMS: Upon Execution — February 28, 2019
March 1, 2019— February 29, 2020
March 1, 2020— February 28, 2021
1. SUMMARY OF SERVICES
The In-Home Supportive Services Public Authority (IHSS PA) is the employer of record of
IHSS Providers and operates and maintains the Provider Registry, a database of screened,
trained Providers, which is used to assist IHSS Recipients with finding Providers. Providers
who apply and are accepted in the Provider Registry must be trained and certified in First
Aid and CPR. Health care provider staff through County's Department of Public Health also
requires First Aid and CPR training.
CONTRACTOR (CONTRACTOR) shall provide and coordinate physical location of First Aid
and CPR training courses and computer-based First Aid and CPR training (blended) for
Registry providers of In-Home Supportive Services referred by the Fresno County In-Home
Supportive Services Public Authority (PA). First Aid training shall include, but not be limited
to, how to attend to poisoning, shock, fractures, burns, fainting, and unconsciousness before
the services of a physician are obtained.
CONTRACTOR shall also provide and coordinate Adult/Infant/Child CPR and Basic Life
Support (BLS) training courses for healthcare provider staff from the County of Fresno
Department of Public Health (DPH).
DPH and the PA do not guarantee a minimum amount of individuals for training courses,
and each reserve the right to request an increase in training courses.
II. CONTRACTOR RESPONSIBILITIES
CONTRACTOR shall provide the following:
A. FIRST AID AND CPR TRAINING COURSES
1. Conduct refresher and initial First Aid and CPR training courses for IHSS Providers
in English and Spanish as follows:
a. Two (2) English training courses per month at a location within the City of
Fresno, Clovis or Pinedale provided by the vendor; and
Exhibit A
Page 2 of 3
b. One (1) Spanish training course per month at a location within the City of Fresno,
Clovis or Pinedale provided by the vendor; and
c. One (1) English training course quarterly within the geographical area of the
County of Fresno; and
d. One (1) Spanish training course quarterly within the geographical area of County
of Fresno.
Please note: The map of the geographical boundaries of the County of Fresno is
located at: hftp://www.co.fresno.ca.usNiewDocument.aspx?id=20601
2. As needed by the PA, training courses in other languages based on IHSS
providers' primary language as indicated by the PA.
3. Translators and interpreters needed for training courses, as determined by the PA.
4. As needed by the PA, training courses Monday through Friday, from 8:00 A.M. to
7:00 P.M. and Saturday from 8:00 A.M. to 5:00 P.M.
5. The ability to train an estimated 600 IHSS providers each twelve month contract
term.
6. Certificates for each IHSS provider who successfully completes the training course
in First Aid and CPR.
B. ADULT/INFANT/CHILD CPR AND BLS TRAINING COURSES
1. Conduct refresher and initial Adult/Infant/Child CPR and BLS training courses,
based on American Heart Association Guidelines for CPR and Emergency
Cardiovascular Care, for DPH healthcare provider staff onsite at the DPH facility:
Brix Building, Room B-03
1221 Fulton Mall
Fresno, CA 93721
2. Provide training courses upon notification from DPH staff with a minimum 48 hours
advance notice of the desired training course date and time.
3. Provide BLS Healthcare Provider Course Completion Cards, which must be valid
for 2 years, to DPH healthcare provider staff upon completion of the training course.
4. The ability to train an estimated 60-70 DPH healthcare provider staff each twelve
month contract term.
C. EQUIPMENT AND MATERIALS
1. Storage of supplies and equipment at a location provided by the vendor. PA or
County is not responsible for loss or theft of supplies and/or materials.
2. Books, reading materials, and equipment needed for individuals to successfully
complete the training course.
3. Materials for individuals to take home for future reference.
Exhibit A
Page 3 of 3
I11. PA RESPONSIBILITIES
PA shall:
1. Provide CONTRACTOR with recommended dates and times for First Aid and CPR
training courses with a minimum 48 hours advance notice of the desired workshop
date and time.
2. Provide lists of Registry providers of IHSS to receive training courses, with a minimum
48 hours advance notice of the desired workshop date and time.
IV. DPH RESPONSIBILITIES
DPH shall:
1. Provide CONTRACTOR with recommended dates and times for Adult/Infant/Child CPR
and BLS training courses with a minimum 48 hours advance notice of the desired
workshop date and time.
2. Provide lists of DPH healthcare provider staff to receive training courses, with a
minimum 48 hours advance notice of the desired workshop date and time.
Exhibit B
Page 1 of 2
BUDGET
ORGANIZATION: Blue Ocean Safety
SERVICES: FIRST AID & CARDIOPULMONARY RESUSCITATION (CPR)
TRAINING
ADULT/INFANT/CHILD CPR AND BASIC LIFE SUPPORT (BLS)
TRAINING
CONTRACT TERMS: Upon Execution — February 28, 2019 ($90,000.00)
March 1, 2019— February 29, 2020 ($30,000.00)
March 1, 2020— February 28, 2021 ($30,000.00)
CONTACT PERSON: Henry Serrano, Owner
CONTACT INFO: blueoceansafety@gmail.com
(559) 301-5195
MAXIMUM AGGREGATE
AMOUNT: $150,000.00
In-Home Supportive Services Public Authority (IHSS PA)
Organization 5611 Budgeted Amount Per Contract Term
Upon Execution — February 28, 2019 $ 75,000.00
March 1, 2019— February 29, 2020 $ 25,000.00
March 1, 2020— February 28, 2021 $ 25,000.00
Subtotal $125,000.00
County of Fresno Department of Public Health (DIPH)
Organization 5620 Budgeted Amount Per Contract Term
Upon Execution— February 28, 2019 $15,000.00
March 1, 2019— February 29, 2026 $ 5,000.00
March 1, 2020— February 28, 2021 $ 5,000.00
Subtotal $25,000.00
TOTAL $150,000.00
Exhibit B
Page 2 of 2
QUOTATION SCHEDULE
ORGANIZATION: Blue Ocean Safety
SERVICES: FIRST AID & CPR TRAINING
ADULT/INFANT/CHILD CPR AND BLS TRAINING
CONTRACT TERMS: Upon Execution— February 28, 2019 ($90,000.00)
March 1, 2019— February 29, 2020 ($30,000.00)
March 1, 2020— February 28, 2021 ($30,000.00)
CONTACT PERSON: Henry Serrano, Owner
CONTACT INFO: blueoceansafety@gmail.com
(559) 301-5195
MAXIMUM AGGREGATE
AMOUNT: $150,000.00
CPR and First Aid Training Courses for the IHSS PA
Training Course Length 4 Hours
Instructor/Student Ratio 1 to 12
Number of Individuals Per Training Course 4 Min 12 Max
Fee For Each Individual (max training course size) $ 38.00
Fee For Each Individual (min training course size) $ 38.00
Fee For Each Individual (less than min training course $ 59.00
size)
Certification Period 2 years
Group Rates—CPR and First Aid Training Courses
for the IHSS PA
How many individuals to qualify for group rate? 4 Min 12 Max
Group Rate Price to include all costs for each person) $ 38.00 (pp)
Per person (pp)
Adult/Infant/Child CPR and BLS Training Courses for
DPH Healthcare Provider Staff
Training Course Length 4 Hours
Instructor/Student Ratio 1 to 12
Number of Individuals Per Training Course 4 Min 12 Max
Fee For Each Individual (max training course size) $42.00
Fee For Each Individual (min training course size) $42.00
Fee For Each Individual (less than min training course $ 59.00
size)
Certification Period 2 years
Group Rates—Adult/infant/Child CPR and BLS
Training Courses for DPH Healthcare Provider Staff
How many individuals to qualify for group rate? 10
Group Rate Price (to include all costs for each person) $400.00