HomeMy WebLinkAboutAgreement A-16-414 with Linguistica International Inc..pdf Agreement No. 16-414
1 AGREEMENT
2 This Agreement is made and entered into this 21 st day of .tune 2016, by and between
3 the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to
4 as "COUNTY", the FRESNO COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC
5 AUTHORITY, a corporate public body (hereinafter referred to as "IHSS PUBLIC AUTHORITY",
6 and LINGUISTICA INTERNATIONAL, INC. a for-profit Corporation, whose address is 8819 S.
7 Redwood Road, Suite D, Salt Lake City, UT 84088 hereinafter referred to as "CONTRACTOR".
8 WITNESSETH:
9 WHEREAS, Title VI of the Civil Rights Act of 1964 (42 U.S.C. et seq.; 45 C.F.R. §80.1 et seq.;
10 and 28 C.F.R. § 42.101-42.112) requires the COUNTY to provide persons with Limited English
11 Proficiency meaningful access to government services; and
12 WHEREAS, COUNTY has a need for telephonic translation services for its patients and clients
13 with Limited English Proficiency who seek services from COUNTY's Department of Behavioral
14 Health (DBH), Department of Social Services (DSS), Department of Public Health(DPH), and
15 Sheriff-Coroner, hereinafter referred to individually as "COUNTY DEPARTMENT"and collectively
16 as "COUNTY DEPARTMENTS", and
17 WHEREAS,the IHSS PUBLIC AUTHORITY has a need for telephonic translation services for
18 employees and clients who seek services from the IHSS PUBLIC AUTHORITY; and
19 WHEREAS, CONTRACTOR is able and willing to provide the telephonic translation services
20 needed by both the COUNTY and IHSS PUBLIC AUTHORITY, subject to the terms and conditions
21 of this Agreement.
22 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the
23 parties hereto agree as follows:
24 1. SERVICES
25 A. CONTRACTOR shall perform all services and fulfill all requirements set forth
26 in Exhibit A, Summary of Services, attached hereto and by this reference incorporated herein.
27 2. TERM
28 This Agreement shall become effective on the 1"day of July 2016 and shall terminate
1 — COUNTY OF FRI3SNO
Fresno,CA
1 on the 301h day of June 2019.
2 3. TERMINATION
3 A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
4 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
5 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
6 terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
7 B. Breach of Contract - COUNTY and/or IHSS PUBLIC AUTHORITY may
8 immediately suspend or terminate this Agreement in whole or in part, where in the determination of
9 COUNTY and/or IHSS PUBLIC AUTHORITY there is:
10 1) An illegal or improper use of funds;
11 2) A failure to comply with any term of this Agreement;
12 3) A substantially incorrect or incomplete report submitted to COUNTY;
13 4) Improperly performed service.
14 In no event shall any payment by COUNTY and/or IHSS PUBLIC
15 AUTHORITY constitute a waiver by COUNTY and/or IHSS PUBLIC AUTHORITY of any breach of
16 this Agreement or any default which may then exist on the part of CONTRACTOR. Neither shall
17 such payment impair or prejudice any remedy available to COUNTY and/or IHSS PUBLIC
18 AUTHORITY with respect to the breach or default. COUNTY and/or IHSS PUBLIC AUTHORITY
19 shall have the right to demand of CONTRACTOR the repayment to COUNTY and/or IHSS PUBLIC
20 AUTHORITY of any funds disbursed to CONTRACTOR under this Agreement, which in the
21 judgment of COUNTY were not expended in accordance with the terms of this Agreement.
22 CONTRACTOR shall promptly refund any such funds upon demand or, at COUNTY's and/or IHSS
23 PUBLIC AUTHORITY's discretion, such repayment shall be deducted from future payments owing
24 to CONTRACTOR under this Agreement.
25 B. Without Cause -Under circumstances other than those set forth above,this
26 Agreement may be terminated by CONTRACTOR or COUNTY or COUNTY's DSS Director or
27 designee, or IHSS PUBLIC AUTHORITY Executive Director, upon the giving of thirty (30)days
28 advance written notice of an intention to terminate the Agreement.
— 2 — COUNTY OF FRFSNO
Fresno,C_1
1 C. Termination of this Agreement by COUNTY does not affect the Agreement as it
2 relates to the CONTRACTOR and IHSS PUBLIC AUTHORITY. Termination of this Agreement by
3 IHSS PUBLIC AUTHORITY does not affect the Agreement as it relates to the CONTRACTOR and
4 COUNTY.
5 4. COMPENSATION
6 For actual services provided as identified in the terms and conditions of this Agreement,
7 including Exhibit A, COUNTY and/or IHSS PUBLIC AUTHORITY agree to pay CONTRACTOR
8 and CONTRACTOR agrees to receive compensation in accordance with Exhibit B, Budget Summary,
9 attached hereto and by this reference incorporated herein. Payment shall be made upon certification or
10 other proof satisfactory to COUNTY and IHSS PUBLIC AUTHORITY that services have actually
11 been performed by CONTRACTOR as specified in this Agreement.
12 For the period of July 1, 2016 to June 30, 2017, in no event shall services performed
13 under this Agreement be in excess of One Hundred Seventy Four Thousand Seven Hundred Fifty and
14 No/100 Dollars ($174,750.00). For the period of July 1, 2017 to June 30, 2018, in no event shall
15 services performed under this Agreement be in excess of One Hundred Eighty Seven Thousand Fifty
16 and No/l00 Dollars ($187,050.00). For the period of July 1, 2018 to June 30, 2019, in no event shall
17 services performed under this Agreement be in excess of Two Hundred Thousand Five Hundred Fifty
18 and No/100 Dollars ($200,550.00).The cumulative total of this Agreement shall not be in excess of
19 Five Hundred Sixty Two Thousand Three Hundred Fifty and No/100 Dollars ($562,350.00). It is
20 understood that all expenses incidental to CONTRACTOR's performance of services under this
21 Agreement shall be borne by CONTRACTOR.
22 Except as provided below regarding State payment delays, payments by COUNTY
23 and/or IHSS PUBLIC AUTHORITY shall be in arrears, for services provided during the preceding
24 month, within forty-five (45) days after receipt, verification and approval of CONTRACTOR's
25 invoices by COUNTY and/or IHSS PUBLIC AUTHORITY. If CONTRACTOR should fail to
26 comply with any provision of this Agreement, COUNTY and/or IHSS PUBLIC AUTHORITY shall
27 be relieved of their obligation for further compensation. All final claims for each budget year shall be
28 submitted by CONTRACTOR within sixty(60) days following the final month of service for that
— 3 — COUNTY OF FRESNO
Fresno,CA
1 budget year for which payment is claimed. No action shall be taken by COUNTY and/or IHSS
2 PUBLIC AUTHORITY on claims submitted beyond the sixty(60) day closeout period. Any
3 compensation which is not expended by CONTRACTOR pursuant to the terms and conditions of this
4 Agreement shall automatically revert to COUNTY and/or IHSS PUBLIC AUTHORITY.
5 The services provided by CONTRACTOR under this Agreement are funded in whole or
6 in part by the State of California. In the event that funding for these services is delayed by the State
7 Controller, COUNTY and/or IHSS PUBLIC AUTHORITY may defer payment to CONTRACTOR.
8 The amount of the deferred payment shall not exceed the amount of funding delayed by the State
9 Controller to COUNTY and/or IHSS PUBLIC AUTHORITY. The period of time of the deferral by
10 COUNTY and/or IHSS PUBLIC AUTHORITY shall not exceed the period of time of the State
11 Controller's delay of payment to COUNTY plus forty-five (45) days.
12 5. INVOICING
13 CONTRACTOR shall invoice COUNTY and/or IHSS PUBLIC AUTHORITY in
14 arrears by the tenth(10"') of each month for actual expenses incurred and services rendered in the
15 previous month to the requesting COUNTY DEPARTMENTS and/or IHSS PUBLIC AUTHORITY
16 as follows:
17 A. Department of Social Services
18 e-mail address: DSSInvoicesnco.fresno.ca.us
19 Attention: Language Services Contract Analyst
20 B. Department of Behavioral Health
21 P.O Box 712
22 Fresno, CA 93 712
23 Attention: Accounts Payable
24 C. Department of Public Health
25 P.O. Box 11867
26 Fresno, CA 93775
27 Attention: Accounts Payable
28
— 4 — COUNTY OF FRESNO
Fresno,CA
1 D. IHSS Public Authority
2 e-mail address: DSSInvoicesaco.fresno.ca.us
3 Attention: Language Services Contract Analyst
4 E. Sheriff-Coroner Office
5 P.O. Box 1788
6 Fresno, CA 93717
7 Attention: Accounts Payable
8 Invoices shall identify the COUNTY DEPARTMENT or IHSS PUBLIC AUTHORITY that requested
9 services and the appropriate cost center. No reimbursement for services shall be made until invoices
10 are reviewed and approved by the requesting COUNTY DEPARTMENT or IHSS PUBLIC
11 AUTHORITY.
12 At the discretion of a COUNTY DEPARTMENT'S Director or designee, or IHSS
13 PUBLIC AUTHORITY's Executive Director or designee, if an invoice is incorrect or is otherwise not
14 in proper form or substance, COUNTY DEPARTMENT'S Director or designee, or IHSS PUBLIC
15 AUTHORITY's Executive Director, shall have the right to withhold payment as to only that portion of
16 the invoice that is incorrect or improper after five (5) days prior notice to CONTRACTOR.
17 CONTRACTOR agrees to continue to provide services for a period of ninety (90) days after
18 notification of an incorrect or improper invoice. If after the ninety (90) day period, the invoice(s) is
19 still not corrected to COUNTY DEPARTMENT'S and/or the IHSS PUBLIC AUTHORITY's
20 satisfaction, COUNTY or COUNTY's DSS Director or designee may elect to terminate this
21 Agreement on behalf of COUNTY, and IHSS PUBLIC AUTHORITY or Executive Director may elect
22 to terminate this Agreement on behalf of the IHSS PUBLIC AUTHORITY, pursuant to the
23 termination provisions stated in Paragraph Three (3) of this Agreement. In addition, for invoices
24 received ninety (90) days after the expiration of each term of this Agreement or termination of this
25 Agreement, at the discretion of COUNTY DEPARTMENT'S Director or designee or IHSS PUBLIC
26 AUTHORITY Executive Director, COUNTY DEPARTMENT Director or designee or IHSS PUBLIC
27 AUTHORITY Executive Director shall have the right to deny payment of any additional invoices
28 received.
- 5 - COUNTY OF FR SNO
Fresno,CA
1 6. INDEPENDENT CONTRACTOR
2 In performance of the work, duties, and obligations assumed by CONTRACTOR under
3 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
4 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
5 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
6 employee,joint venture, partner, or associate of COUNTY nor the IHSS PUBLIC AUTHORITY.
7 Furthermore, COUNTY and IHSS PUBLIC AUTHORITY shall have no right to control or supervise
8 or direct the manner or method by which CONTRACTOR shall perform its work and function.
9 However, COUNTY and IHSS PUBLIC AUTHORITY shall retain the right to administer this
10 Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
11 terms and conditions thereof. CONTRACTOR and COUNTY and IHSS PUBLIC AUTHORITY shall
12 comply with all applicable provisions of law and the rules and regulations, if any, of governmental
13 authorities having jurisdiction over matters which are directly or indirectly the subject of this
14 Agreement.
15 Because of its status as an independent contractor, CONTRACTOR shall have
16 absolutely no right to employment rights and benefits available to COUNTY or IHSS PUBLIC
17 AUTHORITY employees. CONTRACTOR shall be solely liable and responsible for providing to, or
18 on behalf of, its employees all legally-required employee benefits. In addition, CONTRACTOR shall
19 be solely responsible and save COUNTY and IHSS PUBLIC AUTHORITY harmless from all matters
20 relating to payment of CONTRACTOR's employees, including compliance with Social Security,
21 withholding, and all other regulations governing such matters. It is acknowledged that during the term
22 of this Agreement, CONTRACTOR may be providing services to others unrelated to COUNTY or
23 IHSS PUBLIC AUTHORITY or to this Agreement.
24 7. MODIFICATION
25 A. Any matters of this Agreement may be modified from time to time by the written
26 consent of all the parties without, in any way, affecting the remainder.
27 B. CONTRACTOR hereby agrees that changes to the compensation under this
28 Agreement may be necessitated by a reduction in funding from State and/or Federal sources.
— 6 — COUNTY OF FRESNO
Fresno,CA
1 COUNTY's DSS Director or designee or IHSS PUBLIC AUTHORITY's Executive Director may
2 modify the maximum compensation depending on State and Federal funding availability, as stated in
3 Section Four(4) in this Agreement. CONTRACTOR further understands that this Agreement is
4 subject to any restrictions, limitations or enactments of all legislative bodies which affect the
5 provisions, term or funding of this Agreement in any manner.
6 8. NON-ASSIGNMENT
7 Neither party shall assign,transfer or subcontract this Agreement nor their rights or
8 duties under this Agreement without the prior written consent of the other party.
9 9. HOLD-HARMLESS
10 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY and/or
11 IHSS PUBLIC AUTHORITY's request, defend COUNTY and/or IHSS PUBLIC AUTHORITY, its
12 officers, agents and employees from any and all costs and expenses, including attorney fees and court
13 costs, damages, liabilities, claims and losses occurring or resulting to COUNTY and/or IHSS PUBLIC
14 AUTHORITY in connection with the performance, or failure to perform, by CONTRACTOR, its
15 officers, agents or employees under this Agreement, and from any and all costs and expenses,
16 including attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
17 any person, firm or corporation who may be injured or damaged by the performance, or failure to
18 perform, of CONTRACTOR, its officers, agents or employees under this Agreement. In addition,
19 CONTRACTOR agrees to indemnify COUNTY and/or IHSS PUBLIC AUTHORITY for Federal,
20 State of California and/or local audit exceptions resulting from noncompliance herein on the part of
21 the CONTRACTOR.
22 10. INSURANCE
23 Without limiting COUNTY's and/or IHSS PUBLIC AUTHORITY's right to obtain
24 indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall
25 maintain in full force and effect the following insurance policies throughout the term of this
26 Agreement:
27
28
7 — COUNTY OF TRI�SNO
Fresno,CA
1 A. Commercial General Liability
2 Commercial General Liability Insurance with limits of not less than One Million
3 Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million
4 Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
5 COUNTY may require specific coverage including completed operations,
6 product liability, contractual liability, Explosion, Collapse, and Underground
7 (XCU), fire legal liability or any other liability insurance deemed necessary
8 because of the nature of the Agreement.
9 B. Automobile Liability
10 Comprehensive Automobile Liability Insurance with limits for bodily injury of
11 not less than Two Hundred Fifty Thousand Dollars ($250,000)per person, Five
12 Hundred Thousand Dollars ($500,000)per accident and for property damages of
13 not less than Fifty Thousand Dollars ($50,000), or such coverage with a
14 combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
15 should include owned and non-owned vehicles used in connection with this
16 Agreement.
17 C. Professional Liability
18 If CONTRACTOR employs licensed professional staff(e.g. Ph.D., R.N.,
19 L.C.S.W., M.F.C.T.) in providing services, Professional Liability Insurance with
20 limits of not less than One Million Dollars ($1,000,000)per occurrence, Three
21 Million Dollars ($3,000,000) annual aggregate.
22 D. Worker's Compensation
23 A policy of Worker's Compensation Insurance as may be required by the
24 California Labor Code.
25 E. Errors & Omissions Professional Liability
26 A policy that shall not be suspended, voided, cancelled by either party or reduced
27 in coverage of not less than One Million Dollars ($1,000,000)per incident and
28 One Million Dollars ($1,000,000) annual aggregate. Coverage must extend to
8 — COUNTY OF FRI SNO
Fresno,CA
1 claims made up to twelve (12) months beyond the expiration or termination of
2 this Agreement.
3 CONTRACTOR shall obtain endorsements to the Commercial General Liability
4 insurance naming the COUNTY and the IHSS PUBLIC AUTHORITY, their, officers, agents, and
5 employees, individually and collectively, as additional insureds, but only insofar as the operations
6 under this Agreement are concerned. Such coverage for additional insured shall apply as primary
7 insurance and any other insurance, or self-insurance, maintained by COUNTY and the IHSS
8 AUTHORITY, their officers, agents and employees shall be excess only and not contributing with
9 insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or
10 changed without a minimum of thirty(30) days advance written notice given to COUNTY and the
11 IHSS PUBLIC AUTHORITY.
12 Within thirty (30) days from the date CONTRACTOR signs this Agreement,
13 CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the
14 foregoing policies, as required herein, to the COUNTY and IHSS PUBLIC AUTHORITY to the
15 Department of Social Services, PO BOX 1912, Fresno, California, 93718-1912, Attention: Contracts,
16 stating that such insurance coverages have been obtained and are in full force; that the COUNTY and
17 IHSS PUBLIC AUTHORITY, their officers, agents and employees will not be responsible for any
18 premiums on the policies; that such Commercial General Liability insurance names the COUNTY and
19 IHSS PUBLIC AUTHORITY,their officers, agents and employees, individually and collectively, as
20 additional insured, but only insofar as the operations under this Agreement are concerned; that such
21 coverage for additional insured shall apply as primary insurance and any other insurance, or self-
22 insurance, maintained by COUNTY and IHSS PUBLIC AUTHORITY,their officers, agents and
23 employees, shall be excess only and not contributing with insurance provided under
24 CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a
25 minimum of thirty(30) days advance, written notice given to COUNTY and IHSS PUBLIC
26 AUTHORITY.
27 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
28 herein provided, COUNTY and/or IHSS PUBLIC AUTHORITY may, in addition to other remedies it
— 9 — COUNTY OF FRESNO
Fresno,CA
1 may have, suspend or terminate this Agreement upon the occurrence of such event.
2 All policies shall be with admitted insurers licensed to do business in the State of
3 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
4 of A FSC VII or better.
5 11. SUBCONTRACTS
6 CONTRACTOR shall obtain written approval from COUNTY's DSS Director, or
7 designee and IHSS PUBLIC AUTHORITY before subcontracting any of the services delivered under
8 this Agreement. Any Transferee, assignee or subcontractor will be subject to all applicable provision
9 of this Agreement, and all applicable State and Federal regulations. CONTRACTOR shall be held
10 primarily responsible by COUNTY and IHSS PUBLIC AUTHORITY for the performance of any
11 transferee, assignee or subcontractor unless otherwise expressly agreed to in writing by COUNTY and
12 IHSS PUBLIC AUTHORITY. The use of subcontractors by CONTRACTOR shall not entitle
13 CONTRACTOR to any additional compensation than is provided for under this Agreement.
14 12. CONFIDENTIALITY AND MEDI-CAL PRIVACY
15 All services performed by CONTRACTOR under this Agreement shall be in strict
16 conformance with all applicable Federal, State of California, and/or local laws and regulations relating
17 to confidentiality including, but not limited to: California Welfare and Institutions Code Sections
18 10850 and 14100.2; the CDSS Manual of Policies and Procedures, Division 19-0000; and the
19 California Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual,
20 Section 2H. In addition, all services performed by CONTRACTOR under this Agreement shall also
21 be in conformance with the Medi-Cal Data Privacy and Security Agreement between the California
22 DHCS and the COUNTY DEPARTMENTS of Fresno (hereinafter referred to as "the Medi-Cal Data
23 Agreement")that is then in effect,which is by this reference incorporated herein. The current Medi-
2 4 Cal Data Agreement is available upon request or can be viewed at:
25 http://www.co.fresno.ca.us/MediCalPrivacv/. The purpose of this section is to assure that all
26 applications and records concerning program recipients shall be kept confidential and shall not be
27 opened to examination, publicized, disclosed, or used for any purpose not directly connected with the
28 administration of the program. CONTRACTOR shall inform all of its employees, agents, officers, and
- 10 - COUNTY OF FRESNO
Fresno,CA
1 subcontractors of this provision; and that any person knowingly and intentionally violating this
2 provision is guilty of a misdemeanor.
3 13. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
4 The parties to this Agreement(DSS excluded) shall be in strict conformance with all
5 applicable Federal and State of California laws and regulations, including but not limited to Sections 5328,
6 10850,and 14100.2 et seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. of Title
7 42, Code of Federal Regulations(CFR), Section 56 et seq. of the California Civil Code, Sections 11977
8 and 11812 of Title 22 of the California Code of Regulations, and the Health Insurance Portability and
9 Accountability Act(HIPAA), including but not limited to Section 1320 D et seq. of Title 42,United States
10 Code (USC)and its implementing regulations, including,but not limited to Title 45, CFR, Sections 142,
11 160, 162,and 164, and The Health Information Technology for Economic and Clinical Health Act
12 (HITECH)regarding the confidentiality and security of patient information.
13 A Except as otherwise provided in this Agreement, CONTRACTOR,as a Business
14 Associate of COUNTY and/or IHSS PUBLIC AUTHORITY,may use or disclose Protected Health
15 Information(PHI)to perform functions, activities or services for or on behalf of COUNTY and/or IHSS
16 PUBLIC AUTHORITY, as specified in this Agreement,provided that such use or disclosure shall not
17 violate the Health Insurance Portability and Accountability Act(HIPAA), USC 1320d et seq. The uses
18 and disclosures of PHI may not be more expansive than those applicable to COUNTY and/or IHSS
19 PUBLIC AUTHORITY, as the"Covered Entity"under the HIPAA Privacy Rule(45 CFR 164.500 et seq),
20 except as authorized for management, administrative or legal responsibilities of the Business Associate.
21 B. CONTRACTOR shall protect,from unauthorized access,use,or disclosure of
22 names and other identifying information concerning persons receiving services pursuant to this
23 Agreement, except where permitted in order to carry out data aggregation purposes for health care
24 operations [45 CFR Sections 164.504 (e)(2)(i), 164.504(3)(2)(ii)(A), and 164.504 (e)(4)(i)] This pertains
25 to any and all persons receiving services pursuant to a COUNTY and/or IHSS PUBLIC AUTHORITY
26 funded program. CONTRACTOR shall not use such identifying information for any purpose other than
27 carrying out CONTRACTOR's obligations under this Agreement.
28
11 — COUNTY OF FRESNO
Fresno,CA
1 C. CONTRACTOR shall not disclose any such identifying information to any person
2 or entity, except as otherwise specifically permitted by this Agreement, authorized by law,or authorized
3 by the client/patient.
4 D. For purposes of the above sections, identifying information shall include,but not be
5 limited to name, identifying number, symbol, or other identifying particular assigned to the individual,
6 such as finger or voice print, or a photograph.
7 E. CONTRACTOR shall provide access, at the request of COUNTY and/or IHSS
8 PUBLIC AUTHORITY, and in the time and manner designated by COUNTY and/or IHSS PUBLIC
9 AUTHORITY, to PHI in a designated record set(as defined in 45 CFR Section 164.501), to an
10 individual or to COUNTY and/or IHSS PUBLIC AUTHORITY in order to meet the requirements of 45
11 CFR Sectionl64.524 regarding access by individuals to their PHI.
12 CONTRACTOR shall make any amendment(s)to PHI in a designated record set
13 at the request of COUNTY and/or IHSS PUBLIC AUTHORITY, and in the time and manner
14 designated by COUNTY and/or IHSS PUBLIC AUTHORITY in accordance with 45 CFR Section
15 164.526.
16 CONTRACTOR shall provide to COUNTY and/or IHSS PUBLIC
17 AUTHORITY or to an individual, in a time and manner designated by COUNTY and/or IHSS PUBLIC
18 AUTHORITY, information collected in accordance with 45 CFR Section 164.528, to permit COUNTY
19 and/or IHSS PUBLIC AUTHORITY to respond to a request by the individual for an accounting of
20 disclosures of PHI in accordance with 45 CFR Section 164.528.
21 F. CONTRACTOR shall report to COUNTY and/or IHSS PUBLIC AUTHORITY,in
22 writing, any knowledge or reasonable belief that there has been unauthorized access, viewing,use,
23 disclosure,or breach of Protected Information not permitted by this Agreement, and any breach of
24 unsecured PHI of which it becomes aware, immediately and without reasonable delay and in no case later
25 than two (2)business days of discovery. Immediate notification shall be made to COUNTY's Information
26 Security Officer and Privacy Officer and COUNTY's Department of Behavioral Health HIPAA
27 Representative, within two(2)business days of discovery. The notification shall include,to the extent
28 possible,the identification of each individual whose unsecured PHI has been, or is reasonably believed to
— 12 — COUNTY OF IRFSNO
Fresno,CA
1 have been, accessed, acquired, used, disclosed,or breached. CONTRACTOR shall take prompt corrective
2 action to cure any deficiencies and any action pertaining to such unauthorized disclosure required by
3 applicable Federal and State Laws and regulations. CONTRACTOR shall investigate such breach and is
4 responsible for all notifications required by law and regulation or deemed necessary by COUNTY
5 AND/OR IHSS PUBLIC AUTHORITY and shall provide a written report of the investigation and
6 reporting required to COUNTY's Information Security Officer and Privacy Officer and COUNTY's
7 Department of Behavioral Health HIPAA Representative. This written investigation and description of
8 any reporting necessary shall be postmarked within the thirty(30)working days of the discovery of the
9 breach to the addresses below:
10 County of Fresno County of Fresno County of Fresno
11 Dept. of Behavioral Health Dept. of Public Health Information Technology Services
HIPAA Representative Privacy Officer Information Security Officer
12 (559)600-9180 (559)445-3249 (559)494-3255
4441 E. Kings Canyon 1221 Fulton Mall 2048 N. Fine Street
13 Fresno, CA 93702 Fresno, CA 93728 Fresno, CA 93727
14 G. CONTRACTOR shall make its internal practices,books,and records relating to the
15 use and disclosure of PHI received from COUNTY and/or IHSS PUBLIC AUTHORITY, or created or
16 received by the CONTRACTOR on behalf of COUNTY and/or IHSS PUBLIC AUTHORITY, available
17 to the United States Department of Health and Human Services upon demand.
18 H. SAFEGUARDS:
19 CONTRACTOR shall implement administrative,physical, and technical safeguards
20 as required by 45 CFR 164.308, 164.310,and 164.312 that reasonably and appropriately protect the
21 confidentiality, integrity, and availability of PHI, including electronic PHI,that it creates,receives,
22 maintains or transmits on behalf of COUNTY and/or IHSS PUBLIC AUTHORITY; and to prevent access,
23 use or disclosure of PHI other than as provided for by this Agreement. CONTRACTOR shall develop and
24 maintain a written information privacy and security program that includes administrative,technical and
25 physical safeguards appropriate to the size and complexity of CONTRACTOR's operations and the nature
26 and scope of its activities. Upon COUNTY and/or IHSS PUBLIC AUTHORITY's request,
27 CONTRACTOR shall provide COUNTY and/or IHSS PUBLIC AUTHORITY with information
28 concerning such safeguards.
— 13 — COUNTY OF FRESNO
Fresno,CA
1 CONTRACTOR shall implement strong access controls and other security
2 safeguards and precautions in order to restrict logical and physical access to confidential,personal (e.g.,
3 PHI)or sensitive data to authorized users only. Said safeguards and precautions shall include the
4 following administrative and technical password controls for all systems used to process or store
5 confidential,personal,or sensitive data:
6 1. Passwords must not be:
7 a. Shared or written down where they are accessible or recognizable
8 by anyone else; such as taped to computer screens, stored under keyboards, or visible in a work area;
9 b. A dictionary word; or
10 C. Stored in clear text
11 2. Passwords must be:
12 a. Eight (8) characters or more in length;
13 b. Changed every ninety(90) days;
14 C. Changed immediately, if revealed or compromised; and
15 d. Composed of characters from at least three of the following four
16 groups from the standard keyboard:
17 1) Upper case letters (A-Z);
18 2) Lowercase letters (a-z);
19 3) Arabic numerals (0 through 9); and
20 4) Non-alphanumeric characters (punctuation symbols).
21 CONTRACTOR shall implement the following security controls on each
22 workstation or portable computing device (e.g., laptop computer) containing confidential,
23 personal, or sensitive data:
24 1. Network-based firewall and/or personal firewall;
25 2. Continuously updated anti-virus software; and
26 3. Patch management process including installation of all operating
27 system/software vendor security patches.
28 CONTRACTOR shall utilize a commercial encryption solution that has received
— 14 — COUNTY OF FRESNO
Fresno,CA
1 FIPS 140-2 validation to encrypt all confidential, personal, or sensitive data stored on portable
2 electronic media(including, but not limited to, compact disks and thumb drives) and on portable
3 computing devices (including, but not limited to, laptop and notebook computers).
4 CONTRACTOR shall not transmit confidential,personal, or sensitive data via e-
5 mail or other internet transport protocol unless the data is encrypted by a solution that has been
6 validated by the National Institute of Standards and Technology (NISI) as conforming to the Advanced
7 Encryption Standard (AES)Algorithm.
8 1. Mitigation of Harmful Effects
9 CONTRACTOR shall mitigate, to the extent practicable, any harmful effect that
10 is known to CONTRACTOR of an unauthorized access, viewing, use, disclosure, or breach of PHI by
11 CONTRACTOR or its subcontractors in violation of the requirements of these provisions.
12 J. Contractor's Subcontractors
13 CONTRACTOR shall ensure that any of its contractors, including
14 subcontractors, if applicable, to whom CONTRACTOR provides PHI received from or created or
15 received by CONTRACTOR on behalf of COUNTY and/or IHSS PUBLIC AUTHORITY, agree to the
16 same restrictions and conditions that apply to CONTRACTOR with respect to such PHI; and to
17 incorporate, when applicable, the relevant provisions of these provisions into each subcontract or sub-
18 award to such agents or subcontractors.
19 K. Employee Training; and Discipline
20 CONTRACTOR shall train and use reasonable measures to ensure compliance
21 with the requirements of these provisions by employees who assist in the performance of functions or
22 activities on behalf of COUNTY and/or IHSS PUBLIC AUTHORITY under this Agreement and use or
23 disclose PHI and discipline such employees who intentionally violate any provisions of these
24 provisions, including termination of employment.
25 L. Termination for Cause
26 Upon COUNTY and/or IHSS PUBLIC AUTHORITY's knowledge of a material
27 breach of the provisions of this Section 15 by CONTRACTOR, COUNTY and/or IHSS PUBLIC
28 AUTHORITY shall either:
— 15 — COUNTY Oh FRESNO
Fresno,Cal
1 1. Provide an opportunity for CONTRACTOR to cure the breach or end the
2 violation and terminate this Agreement if CONTRACTOR does not cure the breach or end the violation
3 within the time specified by COUNTY and/or IHSS PUBLIC AUTHORITY; or
4 2. Immediately terminate this Agreement if CONTRACTOR has breached a
5 material term of these provisions and cure is not possible.
6 3. If neither cure nor termination is feasible, the COUNTY Privacy Officer
7 shall report the violation to the Secretary of the U.S. Department of Health and Human Services.
8 M. Judicial or Administrative Proceedings
9 COUNTY and/or IHSS PUBLIC AUTHORITY may terminate this Agreement
10 in accordance with the terms and conditions of this Agreement as written hereinabove, if: (1)
11 CONTRACTOR is found guilty in a criminal proceeding for a violation of the HIPAA Privacy or
12 Security Laws or the HITECH Act; or(2) a finding or stipulation that the CONTRACTOR has violated
13 a privacy or security standard or requirement of the HITECH Act, HIPAA; or other security or privacy
14 laws in an administrative or civil proceeding in which the CONTRACTOR is a party.
15 N. Effect of Termination
16 Upon termination or expiration of this Agreement for any reason,
17 CONTRACTOR shall return or destroy all PHI received from COUNTY and/or IHSS PUBLIC
18 AUTHORITY (or created or received by CONTRACTOR on behalf of COUNTY and/or IHSS
19 PUBLIC AUTHORITY) that CONTRACTOR still maintains in any form, and shall retain no copies of
20 such PHI. If return or destruction of PHI is not feasible, it shall continue to extend the protections of
21 these provisions to such information, and limit further use of such PHI to those purposes that make the
22 return or destruction of such PHI infeasible. This provision shall apply to PHI that is in the possession
23 of subcontractors or agents, if applicable, of CONTRACTOR. If Contractor destroys the PHI data, a
24 certification of date and time of destruction shall be provided to the COUNTY and/or IHSS PUBLIC
25 AUTHORITY by CONTRACTOR.
26 O. Disclaimer
27 COUNTY and/or IHSS PUBLIC AUTHORITY makes no warranty or
2 8 representation that compliance by CONTRACTOR with these provisions, the HITECH Act, HIPAA or
— 16 — COUNTY Of iRESNO
Fresno,CA
1 the HIPAA regulations will be adequate or satisfactory for CONTRACTOR's own purposes or that any
2 information in CONTRACTOR's possession or control, or transmitted or received by CONTRACTOR,
3 is or will be secure from unauthorized access, viewing, use, disclosure, or breach. CONTRACTOR is
4 solely responsible for all decisions made by CONTRACTOR regarding the safeguarding of PHI.
5 P. Amendment
6 The parties acknowledge that Federal and State laws relating to electronic data
7 security and privacy are rapidly evolving and that amendment of these provisions may be required to
8 provide for procedures to ensure compliance with such developments. The parties specifically agree to
9 take such action as is necessary to amend this agreement in order to implement the standards and
10 requirements of HIPAA, the HIPAA regulations, the HITECH Act and other applicable laws relating to
11 the security or privacy of PHI. COUNTY and/or IHSS PUBLIC AUTHORITY may terminate this
12 Agreement upon thirty (30) days written notice in the event that CONTRACTOR does not enter into an
13 amendment providing assurances regarding the safeguarding of PHI that COUNTY and/or IHSS
14 PUBLIC AUTHORITY in its sole discretion, deems sufficient to satisfy the standards and requirements
15 of HIPAA,the HIPAA regulations and the HITECH Act.
16 Q. No Third-Party Beneficiaries
17 Nothing express or implied in the terms and conditions of these provisions is
18 intended to confer, nor shall anything herein confer, upon any person other than COUNTY and/or IHSS
19 PUBLIC AUTHORITY or CONTRACTOR and their respective successors or assignees, any rights,
20 remedies, obligations or liabilities whatsoever.
21 R. Interpretation
22 The terms and conditions in these provisions shall be interpreted as broadly as
23 necessary to implement and comply with HIPAA, the HIPAA regulations and applicable State laws.
24 The parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved in
25 favor of a meaning that complies and is consistent with HIPAA and the HIPAA regulations.
26 S. Regulatory References
27 A reference in the terms and conditions of these provisions to a section in the
28 HIPAA regulations means the section as in effect or as amended.
— 17 — COUNTY OF FRESNO
Fresno,CA
1 T. Survival
2 The respective rights and obligations of CONTRACTOR as stated in this Section
3 shall survive the termination or expiration of this Agreement.
4 U. No Waiver of Obligations
5 No change, waiver or discharge of any liability or obligation hereunder on any
6 one or more occasions shall be deemed a waiver of performance of any continuing or other obligation,
7 or shall prohibit enforcement of any obligation on any other occasion.
8 14. DATA SECURITY
9 For the purpose of preventing the potential loss, misappropriation or inadvertent
10 disclosure of COUNTY and/or IHSS PUBLIC AUTHORITY data including sensitive or personal
11 client information; abuse of COUNTY and/or IHSS PUBLIC AUTHORITY resources; and/or
12 disruption to COUNTY and/or IHSS PUBLIC AUTHORITY operations, individuals and/or agencies
13 that enter into a contractual relationship with COUNTY and/or IHSS PUBLIC AUTHORITY for the
14 purpose of providing services under this Agreement must employ adequate data security measures to
15 protect the confidential information provided to CONTRACTOR by COUNTY and/or IHSS PUBLIC
16 AUTHORITY, including but not limited to the following:
17 A. Contractor-Owned Mobile/Wireless/Handheld Devices may not be connected to
18 COUNTY and/or IHSS PUBLIC AUTHORITY networks via personally owned mobile, wireless or
19 handheld devices, except when authorized by COUNTY and/or IHSS PUBLIC AUTHORITY for
20 telecommuting and then only if virus protection software currency agreements are in place, and if a
21 secure connection is used.
22 B. Contractor-Owned Computers or Computer Peripherals may not brought into
23 COUNTY and/or IHSS PUBLIC AUTHORITY for use, including and not limited to mobile storage
24 devices, without prior authorization from COUNTY's Chief Information Officer or her designee.
25 Data must be stored on a secure server approved by COUNTY and/or IHSS PUBLIC AUTHORITY
26 and transferred by means of a VPN (Virtual Private Network) connection, or another type of secure
27 connection of this type if any data is approved to be transferred.
28 C. COUNTY and/or IHSS PUBLIC AUTHORITY-Owned Computer Equipment—
18 — COUNTY OI FRISNO
Fresno,CA
1 CONTRACTOR or anyone having an employment relationship with COUNTY and/or IHSS PUBLIC
2 AUTHORITY may not use COUNTY and/or IHSS PUBLIC AUTHORITY computers or computer
3 peripherals on non-COUNTY and/or IHSS PUBLIC AUTHORITY premises without prior
4 authorization from COUNTY's Chief Information Officer or her designee.
5 D. CONTRACTOR may not store COUNTY and/or IHSS PUBLIC
6 AUTHORITY's private, confidential or sensitive data on any hard-disk drive.
7 E. CONTRACTOR is responsible to employ strict controls to insure the integrity
8 and security of COUNTY and/or IHSS PUBLIC AUTHORITY's confidential information and to
9 prevent unauthorized access to data maintained in computer files,program documentation, data
10 processing systems, data files and data processing equipment which stores or processes COUNTY
11 and/or IHSS PUBLIC AUTHORITY data internally and externally.
12 F. Confidential client information transmitted to one party by the other by means of
13 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of
14 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
15 G. CONTRACTOR is responsible to immediately notify COUNTY and/or IHSS
16 PUBLIC AUTHORITY of any breaches or potential breaches of security related to COUNTY and/or
17 IHSS PUBLIC AUTHORITY's confidential information, data maintained in computer files,program
18 documentation, data processing systems, data files and data processing equipment which stores or
19 processes COUNTY and/or IHSS PUBLIC AUTHORITY data internally or externally.
20 H. In the event of a breach of security related to COUNTY and/or IHSS PUBLIC
21 AUTHORITY's confidential client information provided to CONTRACTOR, COUNTY and/or IHSS
22 PUBLIC AUTHORITY will manage the response to the incident, however, CONTRACTOR will be
23 responsible to issue any notification to affected individuals as required by law or as deemed necessary
24 by COUNTY and/or IHSS PUBLIC AUTHORITY in its sole discretion. CONTRACTOR will be
25 responsible for all costs incurred as a result of providing the required notification. When no longer
26 needed, all Medi-Cal Personally Identifiable Information, as defined in the Medi-Cal Data Privacy and
27 Security Agreement between the California DHCS and the County of Fresno (hereinafter referred to as
28 "the Medi-Cal Data Agreement"), whether stored in print or electronic format, must be destroyed or
— 19 — COUNTY OF FRFSNO
Fresno,CA
1 disposed of through confidential means, as described in the Medi-Cal Data Agreement. The current
2 Medi-Cal Data Agreement is available upon request or can be viewed at:
3 http://www.co.fresno.ca.us/MediCalPrivac .
4 I. The requirements in this Data Security provision shall apply to
5 CONTRACTOR's subcontractors, if any.
6 15. NON-DISCRIMINATION
7 During the performance of this Agreement CONTRACTOR shall not unlawfully
8 discriminate against any employee or applicant for employment, or recipient of services, because of
9 ethnic group identification, gender, gender identity, gender expression, sexual orientation, color,
10 physical disability, mental disability, medical condition, national origin, race, ancestry, marital status,
11 religion, or religious creed, pursuant to all applicable State of California and Federal statutes and
12 regulations.
13 16. CONFLICT OF INTEREST
14 No officer, agent, or employee of COUNTY and/or IHSS PUBLIC AUTHORITY who
15 exercises any function or responsibility for planning and carrying out the services provided under this
16 Agreement shall have any direct or indirect personal financial interest in this Agreement. In addition,
17 no employee of COUNTY and/or IHSS PUBLIC AUTHORITY shall be employed by
18 CONTRACTOR to fulfill any contractual obligations with COUNTY and/or IHSS PUBLIC
19 AUTHORITY. CONTRACTOR shall also comply with all Federal, State of California, and local
20 conflict of interest laws, statutes, and regulations, which shall be applicable to all parties and
21 beneficiaries under this Agreement and any officer, agent, or employee of COUNTY and/or IHSS
22 PUBLIC AUTHORITY.
23 17. CLEAN AIR AND WATER
24 In the event the funding under this Agreement exceeds One Hundred Thousand and
25 No/100 Dollars ($100,000.00), CONTRACTOR shall comply with all applicable standards, orders, or
26 requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq.; the Clean Water
27 Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws, and regulations promulgated
28 thereunder. Under these laws and regulations, CONTRACTOR shall assure:
— 20 — COUNTY OF FRIiSNO
Fresno,CA
1 A. No facility shall be utilized in the performance of the Agreement that has been
2 listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
3 B. COUNTY and/or IHSS PUBLIC AUTHORITY shall be notified prior to
4 execution of this Agreement of the receipt of any communication from the Director, Office of Federal
5 Activities, U.S. EPA indicating that a facility to be utilized in the performance of this Agreement is
6 under consideration to be listed on the EPA list of Violating Facilities;
7 C. COUNTY and/or IHSS PUBLIC AUTHORITY and U.S. EPA shall be notified
8 about any known violation of the above laws and regulations; and
9 D. This assurance shall be included in every nonexempt subgrant, contract, or
10 subcontract.
11 18. DEBARMENT-CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
12 INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED
TRANSACTIONS
13 A. COUNTY and/or IHSS PUBLIC AUTHORITY and CONTRACTOR recognize
14 that Federal assistance funds will be used under the terms of this Agreement. For purposes of this
15 paragraph, CONTRACTOR will be referred to as the "prospective recipient".
16 B. This certification is required by the regulation implementing Executive Order
17 12549, Debarment and Suspension, 29 CFR Part 98, section 98.510, Participant's responsibilities.
18 1) The prospective recipient of Federal assistance funds certified by entering
19 into this Agreement,that neither it nor its principals are presently debarred, suspended, proposed for
20 debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
21 Federal department or agency.
22 2) The prospective recipient of funds agrees by entering into this Agreement,
23 that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
24 suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
25 unless authorized by the Federal department or agency with which this transaction originated.
26 3) Where the prospective recipient of Federal assistance funds is unable to
27 certify to any of the statements in this certification, such prospective participant shall attach an
28 explanation to this Agreement.
— 21 — COUNTY OF FRBSNO
Fresno,CA
1 4) The prospective recipient shall provide immediate written notice to
2 COUNTY and/or IHSS PUBLIC AUTHORITY if at any time prospective recipient learns that its
3 certification in Paragraph 18 of this Agreement was erroneous when submitted or has become
4 erroneous by reason of changed circumstances. The prospective recipient further agrees that by
5 entering into this Agreement, it will include a clause identical to Paragraph 18 of this Agreement and
6 titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
7 Tier Covered Transactions," in all lower tier covered transactions and in all solicitations for lower tier
8 covered transaction.
9 5) The certification in Paragraph 18 of this Agreement is a material
10 representation of fact upon which COUNTY and/or IHSS PUBLIC AUTHORITY relied in entering
11 into this Agreement
12 19. CHARITABLE CHOICE
13 CONTRACTOR may not discriminate in its program delivery against a client or
14 potential client on the basis of religion or religious belief, a refusal to hold a religious belief,or a
15 refusal to actively participate in a religious practice. Any specifically religious activity or service made
16 available to individuals by CONTRACTOR must be voluntary as well as separate in time and location
17 from COUNTY and/or IHSS PUBLIC AUTHORITY funded activities and services. CONTRACTOR
18 shall inform COUNTY and/or IHSS PUBLIC AUTHORITY as to whether it is faith-based. If
19 CONTRACTOR identifies as faith-based it must submit to COUNTY DEPARTMENT and/or IHSS
20 PUBLIC AUTHORITY a copy of its policy on referring individuals to an alternate treatment provider,
21 and include a copy of this policy in its client admission forms. The policy must inform individuals
22 that they may be referred to an alternative provider if they object to the religious nature of the
23 program, and include a notice to COUNTY DEPARTMENT and/or IHSS PUBLIC AUTHORITY.
24 Adherence to this policy will be monitored during annual site reviews, and a review of client files. If
25 CONTRACTOR identifies as faith-based, by July 1 of each year CONTRACTOR will be required to
26 report to COUNTY DEPARTMENT and/or IHSS PUBLIC AUTHORITY the number of individuals
27 who requested referrals to alternate providers based on religious objection.
28
— 22 — COUNTY OF FRF,SNO
Fresno,CA
1 20. LOBBYING ACTIVITY
2 None of the funds provided under this Agreement shall be used for publicity, lobbying
3 or propaganda purposes designed to support or defeat legislation pending in the Congress of the
4 United States of America or the Legislature of the State of California.
5 21. PROHIBITION ON PUBLICITY
6 None of the funds, materials, property or services provided directly or indirectly under
7 this Agreement shall be used for CONTRACTOR's advertising, fundraising, or publicity(i.e.,
8 purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
9 Notwithstanding the above, publicity of the services described in Paragraph One (1) of this Agreement
10 shall be allowed as necessary to raise public awareness about the availability of such specific services
11 when approved in advance by the DSS Director or designee and at a cost as provided in Exhibit B for
12 such items as written/printed materials,the use of media(i.e.,radio, television, newspapers) and any
13 other related expense(s).
14 22. DISCLOSURE OF SELF-DEALING TRANSACTIONS
15 This provision is only applicable if CONTRACTOR is operating as a corporation(a for-
16 profit or non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its
17 status to operate as a corporation.
18 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
19 transactions that they are a party to while CONTRACTOR is providing goods or performing services
20 under this Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR
21 is a party and in which one or more of its directors has a material financial interest. Members of the
22 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
23 and signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and by this
24 reference incorporated herein, and submitting it to COUNTY and/or IHSS PUBLIC AUTHORITY
25 prior to commencing with the self-dealing transaction or immediately thereafter.
26 23. AUDITS AND INSPECTIONS
27 CONTRACTOR shall at any time during business hours, and as often as COUNTY
28 and/or IHSS PUBLIC AUTHORITY may deem necessary, make available to COUNTY and/or IHSS
— 23 — COUN`I"Y OF FRF,SNO
Fresno,CA
1 PUBLIC AUTHORITY for examination all of its records and data with respect to the matters covered
2 by this Agreement. CONTRACTOR shall, upon request by COUNTY and/or IHSS PUBLIC
3 AUTHORITY,permit COUNTY and/or IHSS PUBLIC AUTHORITY to audit and inspect all such
4 records and data necessary to ensure CONTRACTOR's compliance with the terms of this Agreement.
5 If this Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
6 CONTRACTOR shall be subject to the examination and audit of the State of California Auditor
7 General for a period of three (3) years after final payment under contract(California Government
8 Code section 8546.7).
9 In addition, CONTRACTOR shall cooperate and participate with COUNTY and/or
10 IHSS PUBLIC AUTHORITY's fiscal review process and comply with all final determinations
11 rendered by the COUNTY and/or IHSS PUBLIC AUTHORITY's fiscal review process. If COUNTY
12 and/or IHSS PUBLIC AUTHORITY reaches an adverse decision regarding CONTRACTOR's
13 services to consumers, it may result in the disallowance of payment for services rendered; or in
14 additional controls to the delivery of services, or in the termination of this Agreement, at the discretion
15 of COUNTY's DSS Director or designee or IHSS PUBLIC AUTHORITY's Executive Director or
16 designee. If as a result of COUNTY and/or IHSS PUBLIC AUTHORITY's fiscal review process a
17 disallowance is discovered due to CONTRACTOR's deficiency, CONTRACTOR shall be financially
18 liable for the amount previously paid by COUNTY and/or IHSS PUBLIC AUTHORITY to
19 CONTRACTOR and this disallowance will be adjusted from CONTRACTOR's future payments, at
20 the discretion of COUNTY's DSS Director or designee or IHSS PUBLIC AUTHORITY. In addition,
21 COUNTY and/or IHSS PUBLIC AUTHORITY shall have the sole discretion in the determination of
22 fiscal review outcomes, decisions and actions.
23
24
25
26
27
28
24 — COUNTY OF FRF'SNO
Fresno,CA
1 24. NOTICES
2 The persons having authority to give and receive notices under this Agreement and their
3 addresses include the following:
4 COUNTY CONTRACTOR
5 Director, County of Fresno Wilson Ostojic, Contract Manager
6 Department of Social Services Linguistica International, Inc.
PO BOX 1912 8819 S. Redwood Road, Suite D
7 Fresno, CA 93718-1912 Salt Lake City, UT 84088
8 25. CHANGE OF LEADERSHIP/MANAGEMENT
9 Any and all notices between COUNTY and IHSS PUBLIC AUTHORITYand
10 CONTRACTOR provided for or permitted under this Agreement or by law, shall be in writing and
11 shall be deemed duly served when personally delivered to one of the parties, or in lieu of such
12 personal service, when deposited in the United States Mail,postage prepaid, addressed to such party.
13 In the event of any change in the status of CONTRACTOR'S leadership or
14 management, CONTRACTOR shall provide written notice to COUNTY and IHSS PUBLIC
15 AUTHORITY within thirty (30) days from the date of change. Such notification shall include any
16 new leader or manager's name, address and qualifications. "Leadership or management" shall include
17 any employee, member, or owner of CONTRACTOR who either a) directs individuals providing
18 services pursuant to this Agreement, b) exercises control over the manner in which services are
19 provided, or c) has authority over CONTRACTOR's finances.
20 26. GOVERNING LAW
21 The parties agree, that for the purposes of venue, performance under this Agreement is
22 to be in Fresno County, California.
23 The rights and obligations of the parties and all interpretation and performance of this
24 Agreement shall be governed in all respects by the laws of the State of California.
25 27. PUBLIC AUTHORITY SEPARATE ENTITY
26 The IHSS PUBLIC AUTHORITY is an independent legal entity, separate and apart
27 from the County of Fresno. The IHSS PUBLIC AUTHORITY has no power to bind the County to any
28 contractual or legal obligations. Nor may the obliges of the IHSS PUBLIC AUTHORITY seek
- 25 - COUNTY OF FRTSNO
Fresno,CA
1 recourse against the County of Fresno for any financial or legal obligations of the IHSS PUBLIC
2 AUTHORITY.
3 28. ENTIRE AGREEMENT
4 This Agreement, including all Exhibits, constitutes the entire agreement between
5 CONTRACTOR and COUNTY and IHSS PUBLIC AUTHORITY with respect to the subject matter
6 hereof and supersedes all previous agreement negotiations, proposals, commitments, writings,
7 advertisements, publications and understandings of any nature whatsoever unless expressly included
8 in this Agreement.
9
10
11
12
13
14
15
16
17 Ill
18
19
20
21
22
23
24
25
26
27
28
— 26 — COUNTY OF FRI SNO
Fresno,Cif
1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first
2 hereinabove written.
3
ATTEST:
4
CONTRACTOR: COUNTY OF FRESNO
5 Linguistica International,Inc.
6
7 By By �--
Ernest Buddy Mendes, Chairman
8 Board of Supervisors
9 Print Name: ICE N 5
10
Title: e-G
11 Chairman of the Board, or
ATTEST:
12 President,or any Vice President BERNICE E.SEIDEL,Clerk
Board f Supervisors
13 t
By'..
e uty
14
15 By,7- 47,�2-
IN-HOME SUPPORTIVE SERVICES
16 ., PUBLIC AUTHORITY
17 Print Name: pt trci t�r2c( a-
18
Title: <7-hlul E/mot ncic.k 1 1"f�C�.►r
19 Secretary(of Corporation), or By Ez=
20 any Assistant Secretary,or Ernest Buddy Mendes, airman
Chief Financial Officer,or Board of Directors
21 any Assistant Treasurer
22 PLEASE SEE ADDITIONAL
SIGNATURE PAGES ATTACHED
23
24
Mailing Address:
25 8819 S. Redwood Road,Suite D
26 Salt Lake City,UT 84088
Phone No.: (801)617-1958
27 Contact: Wilson Ostojic
28
- 27 - COUNTY OF FRFSNO
Frc9no,CA
1
2
3 APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
4
5
6 By L'4AZV_u1�1 X:
7 AP /ROVED AS TO ACCOUNTING FO
8 VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
9
10
11 By
12 REVIEWED AND RECOMMENDED
FOR APPROVAL:
13
14
15
By
16 Delfino E. NIsocial
a, Director
17 Department Services
18
19
20
21
22
23
24
25
26
27
28
— 28 — COUNTY OF FR,SNO
Fresno,CA
1
2
3
4 By - a4e
5 Dawan Utecht,Director
Department of Behavioral Health
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29 — COUNTY OF FR1 SNO
Fresno,CA
1
2
3
4 By
5 ris-Margaret Mims, Sheriff
Sheriff-Coroner Office
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
— 30 — COUNTY OF FRESNO
Fresno,CA
1
2
3 401�
4 BY
5 David Pomaville, Director
Department of Public Health
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 31 - COUNTY OF FRVSNO
Fresno,CA
1
2
4 By (/(�
5 Joy Cr n, Executive Director
In-Hom Supportive Services-Public Authority
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 32 - COUNTY OF FRESNO
Fresno,CA
1 DEPARTMENT OF SOCIAL SERVICES
2 Fund/Subclass: 0001/10000
Organization: 5610
3 Account/Program: 7295
4
5 SHERIFF-CORONER
6 Fund/Subclass: 0001/10000
Organization: 3111
7 Account/Program: 7040
8
9
DEPARTMENT OF BEHAVIORAL HEALTH
10 Fund/Subclass: 0001/10000
11 Organization: 5630
Account/Program: 7040
12
13
14 DEPARTMENT OF PUBLIC HEALTH
Fund/Subclass: 0001/10000
15 Organization: 5620
16 Account/Program: 7040
17
18 IN-HOME SUPPORTIVE SERVICES-PUBLIC AUTHORITY
Fund/Subclass: 0001/10000
19 Organization: 5611
20 Account/Program: 7295
21
22
23
24
25
26
27
28
33 — COUN'i'Y OF FI ;SNO
Fresno,CA
Exhibit A
Page 1 of 3
Summary of Services
ORGANIZATION: Linguistica International, Inc.
ADDRESS: 8819 S. Redwood Road, Suite D
Salt Lake City, UT 84088
CONTACT: Wilson Ostojic, Contract Manager
(801) 617-1958
SERVICES: Telephonic Translation
CONTRACT PERIOD July 1, 2016 through June 30, 2017 $174,750.00
AND AMOUNTS: July 1, 2017 through June 30, 2018 $187,050.00
July 1, 2018 through June 30, 2019 $200,550.00
Vendor Requirements:
A. Vendor must have a single, toll-free number to access all services.
B. Vendor must provide telephonic interpretation services on a 24 hours a day, 7 days a
week, 365 days a year basis.
C. At a minimum, Vendor must be able to translate all languages set forth on page 3 of
this Exhibit A.
D. Vendor must have equipment and capability for conference calling services. This
includes voice and video conferencing.
E. Vendor must adhere to the following process for call-in interpretation requests:
1. The County of Fresno and the IHSS Public Authority will initiate the three-way
telephonic conversations among the County of Fresno and the IHSS Public
Authority staff, customers, and Vendor's interpreters.
2. Interpreter will remain neutral in the conversation unless prompted by the County
of Fresno and the IHSS Public Authority staff.
3. The interpreter will use the utmost courtesy when conversing with the County of
Fresno and the IHSS Public Authority and the customer.
4. Interpreter will not enter into a disagreement with County of Fresno and the IHSS
Public Authority staff or clients.
5. Interpreter will not place a time limit on the length of a call and will provide
services during the entire duration of the call.
Exhibit A
Page 2 of 3
6. Interpreter will translate according to what is instructed during the call and will not
"summarize" the conversation. This is especially important when explaining rights
and responsibilities or regulatory components.
F. All interpreters must be certified by the American Translators Association, or similar
nationally recognized certification entity.
G. All interpreters interpreting for health care related issues must be certified by the
Certification Commission for Health Care Interpreters, National Board of Certification
for Medical Interpreters, Department of Human Services, or any other national, or
State of California, recognized certification entity that credentials for medical and
pharmaceutical terminology.
H. Vendor must ensure that interpreters provide accurate interpretation without omitting,
altering, or changing the meaning of what is being stated without explanation.
I. Vendor must ensure that interpreters are engaged in continuous education and training
in the subject of vocabulary, grammar, and pronunciation.
J. Interpreters knowledge, skills, abilities, and fluency must be periodically tested.
K. Vendor must have a reservation system to ensure interpretation services for select
languages are available at a specific date and time.
L. Vendor will collaborate with each Department to evaluate, refine, and develop
performance measures including, but not limited to, call volume, accuracy, amount of
time to answer calls, and any other measurement required by any of the Departments.
M. Vendor will provide reference material including, but not limited to, quick reference
guides, training kits, language ID Cards, and posters/signs indicating what
interpretation services are available. Vendor agrees to alter or develop reference
materials as needed by a Department.
N. Vendor agrees to comply with all applicable local, State, and Federal laws regarding
HIPAA, Medi-Cal Privacy and Confidentiality, and Data Security, included in
Agreement.
O. Vendor will not require any Requesting County of Fresno Agency to purchase or obtain
specific types of equipment to access language interpretation services.
P. Vendor must attend, in person or telephonically, all scheduled quarterly meetings
relating to quality assurance, service coordination, or contract monitoring.
Performance Requirements:
A. Vendor must ensure a 95% accuracy rate for all interpreted calls.
B. Vendor must respond to 95% of all received calls within an average of 30 seconds
when requesting interpretation services.
Exhibit A
Page 3 of 3
LANGUAGES
Akan I Dutch Inupiaq Mongolian I Spanish i
Albanian Ewe Iraqi Arabic I Moroccan Arabic I Sudanese Arabic I
Amharic I Estonian Italian Nepali I Swahili
[Apache Farsi Japanese Norwegian Swedish I
Arabic I Finnish Karen Nuer Tagalog
Armenian I Flemish I Kashmiri Oromo Taiwanese
Assyrian French Khmer Pashto I Tamil
Bambara French Canadian Kirundi Patois Tewa
Behdini Fuldenese Korean Persian I Thai
�!Bengali Fulani Krio Polish Tiwa
1 Bosnian Fuzhou Kunama Portuguese Tibetan
Bulgarian Georgian Kurdish Portuguese Creole Tigrinya
Burmese I German Laotian Punjabi Taiwanese
Cambodian. Greek Latvian Romanian Tongan
Cantonese . Gujarati Lithuanian Russian I Towa
Catalan !Haitian Creole Maay Samoan ( Turkish
Chin _ Hausa Macedonian Serbian Ulrainian
Chuukese Hebrew I Malay Serbo Croatian Urdu
IChit-Chow. Hindi Malayalam Sicilian Uzbek f
Croatian Hmong Mandarin Sinhalese Vietnamese I
Czech Hungarian {Marshallese Slovak Wolof
Danish Ibo Mien Somali ( Yoruba
i Dari Ilocano Mixteco Sorani Yupiik
Dinka : Indonesian
I
Exhibit B
Page 1 of 1
BUDGET SUMMARY
ORGANIZATION: Linguistica International, Inc.
SERVICES: Telephonic Translation
CONTRACT PERIOD: July 1, 2016—June 30, 2019
CONTRACT AMOUNT: $562,350.00
All languages are $0.57 per minute
FY 2016-17 FY 2017-18 FY 2018-19 Total
Department of Social Services $120,000 $132,000 $145,200 $397,200
Sheriff-Coroner $30,000 $30,000 $30,000 $90,000
Department of Behavioral Health $16,150 $16,150 $16,150 $48,450
Department of Public Health $7,400 $7,400 $7,400 $22,200
In-Home Supportive Services- $1,200 $1,500 $1,800 $4,500
Public Authority
Total Contract Maximum $174,750 $187,050 $200,550 $562,350
Exhibit C
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County.A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
Page 2 of 2
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
Exhibit D
Page 1 of 10 Ling,**isic
WSCA-NASPO Purchasing Program t-�
Account Set Up/Contact Information Form I 777 R N A T ` N R L
Institution/Company:WSCA—NASPO Cooperative Purchasing Organization
Contract No:50-000-14-00002AB Contract Status:Active Expiration Date:March 4,2020
Service Description:Over the Phone Interpretation Service
All Languages$0.57 per minute
The WSCA—NASPO cooperative contract allows all participant units of government to use the
Contract for over the phone interpreting services.In order to activate your account for service,
` please fill out all sections in this form and e-mail to back to your account manager:Wilson
Ostojic at wilson(a)linguisticainternational.com.
If you have any questions feel free to call me directly at(801)617-1958.
Section I—Account Information-Billing Contact
Account Name:_Department of Social Services
Agency Address: P.O.Box 1912,
Fresno,CA 93718
Main Contact Name:_Dean Brawley
E-mail: dbrawley@co.fresno.ca.us
Telephone:_559-600-2847 Fax:_559-600-2310
Alternate Contact:
Name: Telephone:
E-mail: Fax:
Section II—Expected Volume
• Please select the best option that describes your expected volume for Over the Phone(OTP)interpreting usage.
1. 0 to 500 minutes per week ❑
2. 500 to 1,000 minutes per week ❑
3. 1,000 to 3,000 minutes per week
4. 3,000 to 5,000 minutes per week ❑
5. over 5,000 minutes per week ❑
6. other: minutes per week El
• Linguistica International provides interpreting services in over 250 different languages.However,we would like to have a
better idea of your top Languages. Please provide IF POSSIBLE a list of your top 10 languages starting with#1 as the most
frequently used language.
1 Spanish 6 Vietnamese
2 Hmong 7 Arabic
3 Laotian 8 Armenian
4 Punjabi 9 Mandarin
5 Cambodian 10 Cantonese
Exhibit D
Page 2 of 10
Section III—Additional Call Data Reporting Capabilities
Your invoice will reflect the following standard fields for each call:
1. Date of the call
2. Start time
3. End time
4. Total minutes
S. Language
6. Total charges
7. interpreter's name
Should you have the requirement,we can collect additional information at the time of the call such as first/last name of person
requesting services,employee codes,location codes,and/or any other relevant information you are interested to capture for each call.
This information will be reported on your invoice detail.Simply enter the field information below that you'd like us to collect:
Additional Fields Please print required or optional
1' Cost Center
Required
2.
3.
4.
5.
Note:in the event that a required field is not provided by the staff member when requesting the service,Linguistica international will not connect the
interpreter.
Section IV—Multiple Departments Set up
You may establish multiple departments within the same account(with the same billing contact person)with this form.if additional space in
needed,please e-mail separate attachment with a list of all departments to:wilson@linguisticainternational.com.
1. 6.
2. 7.
3. B.
4. 9.
5. 10.
Section V—Authorization
*Your signature below acknowledges your authorization to utilize interpreting services via Linguistica International under the current WSCA-NASPO
Cooperative Purchasing Organization-contract No 50-000-14-00002AS for over the phone interpreting s ice
Delfino E.Neira )�
Print Na f t izing Agent Da e G
Sign ure i
For any questions please contact Wilson Ostojic,Director of Account Services at 801-617-1958.Please scan and email the completed set up form
to wilsonglineuisticainternational.com.
2 1 P a g e
Exhibit
Page»m10
WSCA-NASPOPwrchasivg Program
, m , eR N Ar / oP0 A L�
Account Set Up/Contact Information Form
Contract No:50-000-14-00002AB Contract Status:Active Expiration Date:March 4,2020
Service Description:Over the Phone Interpretation Service
All Languages$0.57 per minute
The WSCA—NASPO cooperative contract allows all participant units of government to use the
Contract for over the phone interpreting services,In order to activate your account for service,
please fill out all sections in this form and e-mail to back to your account manager:Wilson
'~» Dstojicat
|f you have any questions feel free to call me directly at(0V1)617'18S8.
Account Name, Sheriff-Coroner
AgencvAdmpo,"� 22OD Fresno Street
Fresno, CA 93721
For the attention of:Business office
Main Contact Name: Dora Kelly
E-mail, riff
Telephone: 0»-8580 Fax: 488u348
mtematemnta#
Name: Janice Stevens Telephone: 0'8578
E-mail: riff, Fax: 8-3348
;�ction 1-1—Expected Volume
° Please select the best option that describes your expected volume for Over the Phone(OTP)l interpreting usage.
1. O to SOO minutes per week Fl
2. 500tn1,000 minutes per week Fl
3. 1,000tp3,008 minutes per week
4. 3,000to 5.000 minutes per week El
5. over5'8&O minutes per week n
a. other: minutes per week [3
° Linguistica International provides interpreting services in over 250 different languages,However,we would like to have a
better idea of your top Languages,Please provide IF POSSIBLE a list of your top 10 languages starting with#1 as the most
frequently used language.
3 HMO 8 CAN
I1Poge
Exhibit D
Page 4 of 10
Section iH—Additional Call Data Reporting Capabilities
Your invoice will reflect the following standard fields for each call:
1. Date of the call
2. Start time
3. End time
4. Total minutes
S. Language
6. Total charges
z interpreter's name
Should you have the requirement,we can collect additional information at the time of the call such as first/last name of person
requesting services,employee codes,location codes,and/or any other relevant information you are interested to capture for each call.
This information will be reported on your invoice detail.Simply enter the field information below that you'd like us to collect:
Additional Fields Please print required or optional_
1. Lead Time(responding time) Required
2• Reasons for late answer Required
3, Total minutes per each language Required
4.
S.
Note:in the event that a required field is not provided by the staff member when requesting the service,unguBtica international will not connect the
interpreter,
Section IV--Multiple Departments Setup
You may establish multiple departments within the same account(with the same billing contact person)with this form.If additional space in
needed,please e-mail separate attachment with a list of all departments to:wilson@linguisticainternationai.com.
1. 8•
2. 7.
3, 8.
4. 9.
5. 10.
Section V—Authorization
•Your signature below acknowledges your authorization to utilize interpreting services via Linguistica International under the current WSCA-NASPO
Cooperative Purchasing Organization-contract No SO-ODD-14-00002AB for over the phone interpreting services./
v
Print Name of Authorizing Agent Date
Signature
For any questions please contact Wilson Ostojic,Director of Account Services at 801-617-1958.Please scan and email the completed set up form
to wilsongDlinguistigintSrnational,com.
2 1 P a g e
Exhibit D
Page 5 of 10 �' i sjj^� �c,�
L L.L �4J C:tt
WSCA-NASPO Purchasing Program �-�� g i_
Account Set Up/Contact information Form ` 'N I- N n .r 1 0 N A L
Institution/Company:WSCA—NASPO Cooperative Purchasing Organization
Contract No:SO-M-14-00002AB Contract Status:Active Expiration Date:March 4,2020
Service Description:Over the Phone Interpretation Service
All Languages$0.57 per minute
The WSCA—NASPO cooperative contract allows all participant units of government to use the
Contract for over the phone interpreting services.In order to activate your account for service,
please fill out all sections in this form and e-mail to back to your account manager:Wilson
Ostojicatwilson@linguisticainternational.com.
If you have any questions feel free to call me directly at(801)617-1958.
Section I—Account Information-Billing Contact
Account Name: County of Fresno Department of Behavioral Health
Agency Address:
P.O.Box45003
Fresno,CA 93718-9886
Main Contact Name: Paula Zapata
E-mail: pzapata@co.fresno.ca.us
Telephone: (559)600-6054 Fax: (559)600-7674
Alternate Contact:
Name: Joseph Rangel Telephone: (559)600-6055
E-mail: rangeja@co.fresno.ca.us Fax: (559)600-6089
Section II—Expected Volume
• Please select the best option that describes your expected volume for Over the Phone(OTP)interpreting usage.
1. 0 to 500 minutes per week ❑x
2. 500 to 1,000 minutes per week
3. 1,000 to 3,000 minutes per week
4. 3,000 to 5,000 minutes per week
5. over 5,000 minutes per week (�
6. other: minutes per week [�
• Linguistica International provides interpreting services in over 250 different languages.However,we would like to have a
better idea of your top Languages.Please provide IF POSSIBLE a list of your top 10 languages starting with#1 as the most
frequently used language.
1 Spanish 6 Vietnamese
2 Hmong 7 Arabic
Laotian 8 Farsi
4 Punjabi 9 Armenian
5 Khmer 10 Cantonese
1 Page
Exhibit D
Page 6 of 10
Section III—Additional Call Data Reporting Capabilities
Your invoice will reflect the following standard fields for each call:
1. Date of the call
2. Start time
3. End time
4. Total minutes
5. Language
6. Total charges
7. lnterpreter's name
Should you have the requirement,we can collect additional information at the time of the call such as first/last name of person
requesting services,employee codes,location codes,and/or any other relevant information you are interested to capture for each call.
This information will be reported on your invoice detail.Simply enter the field information below that you'd like us to collect:
Additional Fields Please print required or optional
1' Employee Code Required
2. Cost Center Required
3.
4.
S.
Note:In the event that a required field is not provided by the staff member when requesting the service,Ltnguistim international will not connect the
Interpreter.
Section IV—Multiple Departments Set up
You may establish multiple departments within the same account(with the same billing contact person)with this form.If additional space in
needed,please e-mail separate attachment with a list of all departments to:wilson@linguisticainternational.com.
1. 6.
N/A
2. 7.
3. 8.
4. 9.
S. 10.
Section V—Authorization
*Your signature below acknowledges your authorization to utilize interpreting services via Linguistica international under the current WSCA-NASPO
Cooperative Purchasing Organization-contract No 50-000-14-00002AS for over the phone interpreting services.
Paula Zap 3/4/16
Print Name f uthorizing Agent Date
Signatur
For any q estions please contact Wilson Ostojic,Director of Account Services at 801-617-1958.Please scan and email the completed set up form
to wilsonC�lineuisticainternational.com.
2 Page
Exhibit D
Page 7 of 10
J
WSCA-NASPO Purchasing Program _j
Account Set Up/Contact Information Form
Finstitution/Company:W—SCA-NA—SP0 Crioperati-ve-Purchashrit organization'
Contract No:SO-DOO-14-00002AS Contract Status:Active Expiration Date;March 4,2020
Service Description:Over the Phone Interpretation Service
All Languages$0,57 per minute
s all per 1.mpant traits of Covernment to use tile
The WSCA-NASPO coopprztive�contract allow,
Conti act for uvet file Phvile Interpreting services.In order to activate your ar-cOutilt far sefvlct
please fill out all sections in this forni anal i-inA.1 if)back it)your account manager Wilson
O�Loja.at WiI%Qf'f:f)hqF_t if';
If yoj have any qupstionq V-1958.
IP01(fee 1u
Section)-Account information-Billing Contact
Account Namr,: Department of Public Health
Agemy 400;;s4; 1221 Fulton Mall
Mjiit Contact Namer
L-ni.uI:_jxVj" cttGv a. rc sno 9a WEI_
Telephone:__559-600-7090 ra, 559-600-7687
Allemale
Name.
i Section it--Expected volume
Please select the best option that describes Vow ox1fectod volumt for Over the Phone jOtP)interpreting
1, 0 it) 500 iffillukt:s per week P_
2. Goo it)1,000 minutes per week n
3. 1,000 tui,('00 minutes per week F1
4. 3,0W to5,C)OU minutes per week n
5, over 5,000 minutes per week Li
6, nihr r. minutes per week 11
Languntica International provide-,interpreting safvicQs in over 250 ditNtoml.lainguages,However,we would like to have
belief idea of your top Languages.Please provide IF POSSIBLE z list of your lop 10 with u I as the most
frequi?ntly used language,
6
Spanish,
2" 7
Ilmong
Punjabi
Mandarin-Chinese Oaxaca
10 Cambodian Arabiq'Farai
I P
Exhibit D
Page 8of1O
Section III—Additional Call Data Reporting Capabilities
Ymir i,;voiCe will rell"t Ilit.,fc)lltjwjnV!,Liuidaid fieft.1s lot each call
I ooze of the caff
2 stda Note
3 fnd time
5 Onyooge
ti Total 00(y"rs
7 Interrmlirr's name
5bould you havE the rwpiiirompW,we can celleLl.additiunal infw ruimori at the time of mt,Call surri al tirRIJaSt nanle of Vw5un
rE:quvsImg.servlce%vnip4nve cnle5'rocatiou ally athEr telovam information vntt are iliterc-sictl I'*i;;;PtUrat fur vjLh C41t
this i rilui rvw uon Y41 be report r-it An yc"I'l f ww oice detail Simply enWt die fiviomformation bf-Inw that you'd like its to Collett:
AJdt i mmi I riela
first/last natne of person request services Required
Org numb'er or Cost Center number Required-'-
s.
Nate:do the evitnt that Att field is nal pitty1dod by the stuff memberwhen ritclutoting the senrlea.Linguisks,International will rutt ennnett the
Sotijon IV—Multiple Departments Setup
You S114Y P v'16*5 h moltiolp dp1mrUIV1t11.WI IN 11 O2!,.)ITIAL 4LCUUi it fwm-,the same b4l"ing ri'moct per sr.-A)with this ffgin.it ido uutwl spare in
uvatled,plvasP i-mail SPAAWC attachment with a hiL of all departments to:wit san@1 Inpt m
G.
2.
4 9.
I-Sectio'n V-Authorization
Yuui wgnHwme tmfuw arkmrwledgc-5 yourawhorizatiosi to utilise itiMptuting%arwres via I ingirls6ca tnternatiortil under the cuto ent WSCA.NASPO
C0111raUtilu 50-OW-14-COOO2AS for ovor the phrme imerpretinig servlct:4,
Print Name V Authotieiiig AUent Vate
signatute
i-uj jFiyqLju:.vosiN plitaw-cantam WIkon Oiartitc,Oirectof tif AcccuiiLS(-ivtt:vs at 80I-617-1958, u'an.-inci emill theconipleted tet.up Furni
2 1
Exhibit
Page om1u
WSCA-NASPO Purchasing Program -
Account Set Woy�ont�x±Information Form �0�N�" / m ' ^ * m ^ ` '-�-�-��
' �
Institution/Company:WSCA-NASPO Cooperative Purchasing Organization
Contract No:50-000-14-00002AS Contract Status:Active Expiration Date:March 4,2020
Service Description:Over the Phone Interpretation Service
All Languages$0.57 per minute
~~=�. The VVS{A-NASPO cooperative contract allows all participant units of government tu use the
�
Contract for over the phone interpreting services.In order to activate your account for service,
please fill out all sections in this form and e-mail to back to your account manager:Wilson
-� Ostojicat
|f you have any questions feel free to call me directly at(801)617-1958.
Section I-Account Information-Billing Contact
Account Name: Fresno Co |HSS Public Authority
Agency Address:
Fresno, CA 93726
Main Contact Name: Julie �Natts
E-mail:
Telephone: 14 Fax:
Alternate Contact:
Name: Dean QLawley Telephone: /
E-mail: nm' /
Section 11-Expected Volume
° Please select the best option that describes your expected volume for Over the Phone(OTP)interpnting usage.
1. O to 500 minutes per week
2. 500 to1,OOO minutes per week Fl
3. 1'000to3.000 minutes per week
4. 3,000to5,00 minutes per week
5. uve,5,00O minutes per week Fl
6 other: h. u ec imnu���perwee �]
, Linguistica International provides interpreting services in over 250 different languages.However,we would like to have a
better idea of your top Languages.Please provide IF POSSIBLE a list of your top 10 languages starting with#1 as the most
frequently used language.
I Spanish 6 Punjabi
Lao 8 Armenian
4 Thai 9 Arabic
11Page
- - - --' -
Exhibit D
Page 10 of 10
Section III—Additional Call Data Reporting Capabilities
p g P
Your invoice will reflect the following standard fields for each call:
1. Date of the call
2. Start time
3. End time
4. Total minutes
5. Language
6. Total charges
7. Interpreter's name
Should you have the requirement,we can collect additional information at the time of the call such as first/last name of person
requesting services,employee codes,location codes,and/or any other relevant information you are interested to capture for each call.
This information will be reported on your invoice detail.Simply enter the field information below that you'd like us to collect:
Additional Fields Please print required or optional
1. Name of county employee Required
2. District number of employee Required
3.
4.
5.
Note:in the event that a required field is not provided by the staff member when requesting the service,Unguistita international will not connect the
interpreter.
Section IV—Multiple Departments Set up
You may establish multiple departments within the same account(with the same billing contact person)with this form.if additional space in
needed,please e-mail separate attachment with a list of all departments to:Wilson@linguisticainternational.com.
2. 7.
3. 8,
4. 9.
5. 10.
Section V—Authorization
*Your signature below acknowledges your authorization to utilize interpreting services via Linguistica International under the current WSCA-NASPO
Cooperative Purchasing Organization-contract No 50-000-14-00002AB for over the phone interpreting services.
Michael Reiser f�
Print Name of uthorizing nt Date
Signature
For any questions please contact Wilson Ostojic,Director of Account Services at 801-617-1958.Please scan and email the completed set up form
to w4son�@Iiog liStiLaitltP�natinn la rnm
2 1 P a g e