HomeMy WebLinkAboutAgreement A-17-196 with CSUF.pdf Agreement No. 17-196
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 16th day of_ May , 2017,
3 by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
4 hereinafter referred to as "COt1NTY", and CALIFORNIA STATE UNIVERSITY, FRESNO,
5 whose address is 5150 North Maple, Fresno, California 93740-0111, hereinafter referred to as
6 "UNIVERSITY".
7 WITNESSETH:
8 WHEREAS, trustees of UNIVERSITY have approved various educational training programs
9 for the UNIVERSITY that require facilities to provide internship experience for required learning
10 experiences for its students; and
11 WHEREAS, COUNTY, through its Department of Public Health(DPH), maintains and
12 operates facilities suitable for furnishing such internship experience; and
13 WHEREAS, it is to the mutual benefit of the parties hereto that personnel and students of
14 IJNIVF.RSITY use such facilities of C:Ot1NTY for their internship experience; and
15 WHEREAS,those students participating in the following UNIVERSITY schools and colleges
16 and related departments and programs are subject to this Agreement:
17 1. College of Arts and Humanities
18 2. College of Health and Human Services
19 3. College of Science and Mathematics
20 4. College of Social Sciences
21 5. Craig School of Business
22 6. Jordan College of Agricultural Sciences and Technology
23 7. Kremen School of Education and I luman Development
24 8. Lyles College of Engineering
25 9. I leis y Madden Library
26
27
28
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I NOW,THEREFORE, in consideration of their mutual covenants and conditions, the
2 parties hereto agree as follows:
1. RESPONSIBILITIES OF UNIVERSITY
4 A. UNIVERSITY recognizes that the internship education programs conducted
5 pursuant to the terms and conditions of this Agreement are educational programs of UNIVERSITY
6 and not of COUNTY, and that students participating in UNIVERSITY's programs shall at all times be
7 under the exclusive jurisdiction of UNIVERSITY with respect to educational matters. UNIVERSITY
8 shall ensure that its students participating in UNIVERSITY's programs will comply with Section 11,
9 CONFIDENTIALITY, and Section 13, DATA SECURITY, of this Agreement.
10 B. UNIVERSITY shall designate students enrolled in the various educational
11 programs of UNIVERSITY to be assigned for internship experience at COUNTY facilities, in such
12 numbers to be mutually agreed upon by both COUNTY and UNIVERSITY.
13 C. UNIVERSITY shall establish a rotational plan for the learning experience
14 available at COUNTY facilities and shall schedule the students in conformity with the calendar of
15 UNIVERSITY's academic year and with the curriculum of the educational programs of
16 UNIVERSITY; provided, however, that the specific COUNTY facilities to be utilized by
17 UNIVERSITY shall be selected subsequently by mutual agreement between COUNTY's DPH
18 Director, or designee, and UNIVERSITY's chairperson(s)or duly authorized representative(s) of the
1 O various departments/programs listed in the"Witnesseth" section of this Agreement hereinabove.
2 o D. UNIVERSITY shall supervise all academic instruction relating to the internship
21 experience given at COUNTY facilities to assigned students and shall provide the necessary
22 instructors for educational training programs provided for under this Agreement.
23 E. UNIVERSITY shall keep all attendance and academic records of students
: .� liai-ticipating in the internship experience programs provided for under this Agreement.
F. UNIVERSITY shall certify to COUNTY at the time each student first reports to
2 f COUNTY's facilities to participate in the internship educational program, that the student has paid the
7 student health center fee.
8 G. UNIVERSITY shall advise students to act professionally and appropriately while
2 COUNTY OF r7u:sNO
Fresno,CA
1 at COUNTY facilities.
2 II. UNIVERSITY shall require every student to conform to all applicable COUNTY
policies, procedures, regulations, and all requirements and restrictions specified by COUNTY.
4 1. UNIVERSITY shall require its instructors to notify COUNTY's DPH Director or
5 designee, as appropriate in advance of student placement regarding:
6 1) Locations, dates, times and the number of hours or changes thereof,
7 regarding student availability for assignment; and
R 2) Any change in the placement of students in internship assignments.
9 J. UNIVERSITY shall, in consultation and coordination with COUNTY's DPH
10 Director, or designee, arrange for periodic conferences between appropriate representatives of
11 UNIVERSITY and COUNTY to evaluate the internship programs provided under this Agreement.
12 K. UNIVERSITY shall provide and be responsible for the use and control of its
13 educational supplies, materials and equipment used for instruction during the internship experience
14 programs.
15 L. UNIVERSITY shall provide for an introductory orientation of students assigned
16 to COUNTY facilities, which shall provide an overview of the internship assignment(s) and the terms
17 and conditions of student placement at COUNTY facilities.
18 M. UNIVERSITY agrees that special reports, projects, thesis, and/or publications
19 based upon studies and research arising out of the cooperative internship experience permitted by this
20 Agreement, shall be submitted by the student for review and approval by COUNTY's DPH Director,
21 or designee, as appropriate, prior to any release, including any release to UNIVERSITY employees or
22 agents, including faculty. Approval of reports by UNIVERSITY's planning committee and
23 COUNTY's DPII shall not be unreasonably withheld.
24 N. UNIVERSITY shall agree to complete an evaluation of each student at least once
25 during a specific program period.
26 O. UNIVERSITY shall allow COUNTY program managers and other designated
27 personnel to attend meetings of UNIVERSITY's faculty, or any committee thereof, to coordinate the
28 internship experience programs provided under this Agreement and to designate lines of authority and
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colIMIunication for coordination of relations between COUNTY personnel and UNIVERSITY
2 i structors.
P. UNIVERSITY's employees, agents and students shall be issued COUNTY
4 identification badges which must be warn only at COUNTY facilities while participating in the
5 internship experience programs, pursuant to the terms and conditions of this Agreement.
Q. UNIVERSITY will ensure each participating student referred for program
participation has adequate transportation and auto insurance as participating students will not be
s permitted to operate COUNTY vehicles to perform activities related to this Agreement.
9 R. UNIVERSITY acknowledges that select students shall be required to have
10 fingerprinting performed prior to entry to certain facilities.
11 S. UNIVERSITY will ensure that each participating student understands that
12 students are not employees of COUNTY, and students shall have absolutely no right to employment
13 rights and benefits available to COUNTY employees.
14 2. RESPONSIBILITIES OF COUNTY
15 A. COUNTY shall permit each student who is designated by UNIVERSITY,
6 pursuant to Paragraph I.C. of this Agreement,to receive internship experience at appropriate
17 COUNTY facilities at an agreed (between COUNTY and UNIVERSITY) number of hours, and shall
18 furnish and permit students and/or instructors free access to appropriate COUNTY facilities for such
19 internship experience, subject to the terms and conditions of this Agreement.
20 B. COUNTY shall furnish appropriate facilities, on a rotational basis, in such a
21 manner that there will be no conflict in the use thereof between 1MVERSITY's students and those
22 from other educational institutions, if any.
23 C. COUNTY shall provide a work area, supplies and computer access as relevant to
24 the internship assignment.
s D. COUNTY shall permit students to engage in assignments only under the direct
26 supervision of a staff member approved and employed by COUNTY. Students are interns, not
27 employees of COUNTY, and are not to replace COUNTY staff.
'9 E. COUNTY shall permit its various program managers and other designated
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1 personnel to attend meetings of UNIVERSITY's faculty, or any committee thereof, to coordinate the
2 internship experience programs provided for under this Agreement, and to designate lines of authority
3 and communication for coordination of relations between UNIVERSITY instructors and COUNTY
4 personnel.
5 F. COUNTY shall provide an introductory orientation for UNIVERSITY
6 instructors and faculty staff as necessary.
7 G. COUNTY shall notify UNIVERSITY's instructors, in advance, of any change in
8 its DPII Director, or designee, appointments.
9 H. COUNTY shall reserve the absolute right to review, authorize, and in its sole
10 discretion, deny access or admission by any student, instructor and/or UNIVERSITY representative
11 into COUNTY facilities.
12 1. COUNTY shall provide input into the evaluation conducted by UNIVERSITY,
13 of students' skills and progress related to the specifically assigned internship.
14 3. TERM
15 The term of this Agreement shall be for a period of one (1) year, commencing with the
16 1" day of June, 2017 and continuing through the 3 1" day of May, 2018. This Agreement may be
17 extended for four(4) additional consecutive twelve (12) month periods upon written approval of both
18 parties no later than thirty (30)days prior to the first day of the next twelve (12) month extension
19 period. The DPH Director, or his or her designee, is authorized to execute such written approval on
20 behalf of COUNTY based on UNIVERSITY's satisfactory performance. The Director of
21 Procurement Services, or his or her designee, is authorized to execute such written approval on behalf
22 of UNIVERSITY based on COUNTY's satisfactory performance.
23 4. TERMINATION
24 A. Non-Allocation of Funds - The terns of this Agreement, and the services to be
25 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
26 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
27 terminated at any time by giving the UNIVERSITY thirty (30) days advance written notice.
28 B. Breach of Contract - COUNTY or UNIVERSITY may immediately suspend or
5 - COUNTY OF FRESNO
Fresno,CA
1 terminate this Agreement in whole or in part, where in the determination of COUNTY there is:
2 1) A failure to comply with any term of this Agreement;
3 2) A substantially incorrect or incomplete report submitted to COUNTY.
4 C. Without Cause - Under circumstances other than those set forth above, this
5 Agreement may be terminated by UNIVERSITY or COUNTY or COUNTY's DPH Director, or
6 designee, upon the giving of six (6) months advance written notice of an intention to terminate.
7 5. COMPENSATION
8 The internship education programs conducted pursuant to the terms and conditions of
9 this Agreement shall be performed without the payment of any monetary consideration by
10 UNIVERSITY or COUNTY, one to the other, or by or to any student participating in the programs.
11 6. EMPLOYMENT RELATIONSHIP
12 In the performance of the obligations under this Agreement, it is mutually understood
13 and agreed that University and University's instructors are at all times acting and performing as an
14 independent contractor. Nothing in this Agreement is intended nor shall be construed to create
15 between County and University or County and University's instructors and/or students an
16 employer/employee relationship, a joint venture relationship, or a lease or landlord/tenant relationship.
17 Students shall maintain the status of learners/students and neither this Agreement nor any acts
18 pursuant to it shall be deemed to create an employment or agency relationship between County and
19 any student.
20 UNIVERSITY, its instructors, employees and students, shall have absolutely no right to
21 employment rights and benefits available to COUNTY employees. UNIVERSITY shall be solely
22 liable and responsible for providing to, or on behalf of, its employees all legally-required employee
23 benefits. In addition, UNIVERSITY shall he solely responsible and save COUNTY harmless from all
24 matters relating to payment of UNIVERSITY's employees, including compliance with Social
25 Security, withholding, and all other regulations governing such matters. As between COUNTY and
26 UNIVERSITY, should the students be deemed employees by any governmental or regulatory body,
27 the student shall be the employee of UNIVERSITY for Worker's Compensation purposes and shall be
28 a member of UNIVERSITY's workforce for purposes of I IIPAA.
6 COUNTY 01 PRFSNO
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1 In consideration of the benefits the UNIVERSITY derives from this Agreement and
2 subject to the provisions herein, UNIVERSITY shall not consider the students to be employees of, or
3 claim the students are employees of; the COUNTY for the purposes of determining liability for any
4 and all costs and expenses, including attorney fees and court costs, damages, liabilities, claims and
5 losses occurring or resulting to the UNIVERSITY or to any person, firm or corporation who may be
6 injured or damaged by any act or failure to act, of any student or person participating in or connected
7 with the programs that are the subject of this Agreement.
8 In consideration of the benefits the COUNTY derives from this Agreement and subject
9 to the provisions herein, COUNTY shall not consider the students to be employees of, or claim the
10 students are employees of, the UNIVERSITY flor the purposes of'determining liability for any and all
11 costs and expenses, including attorney fees and court costs, damages, liabilities, claims and losses
12 occurring or resulting to the COUNTY or to any person, firm or corporation who may be injured or
13 damaged by any act or failure to act, of any student or person participating in or connected with the
14 programs that are the subject of this Agreement.
15 It is acknowledged that during the term of this Agreement, UNIVERSITY may be
16 providing services to others unrelated to COUNTY or to this Agreement.
17 7. MODIFICATION
18 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 8. NON-ASSIGNMENT
21 Neither party shall assign,transfer or subcontract this Agreement nor their rights or
22 duties under this Agreement without the written consent of the other party.
23 9. HOLD-HARMLESS
24 A. UNIVERSITY agrees to indemnify, save, hold harmless, and at COUNTY's
25 request,defend the COUNTY, its officers, agents and employees from any and all costs and expenses,
26 including attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
27 COUNTY in connection with the perfon-nance, or failure to perform, by UNIVERSITY, its officers,
28 agents, instructors, faculty, employees, and volunteers, under this Agreement and from any and all
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I costs and expenses, including attorney fees and court costs, damages, liabilities, claims and losses
occurring or resulting to any person, firm or corporation who may be injured or damaged by the
3 performance, or failure to perform, of UNIVERSITY, its officers, agents, instructors, faculty,
4 employees, volunteers under this Agreement. In addition, UNIVERSITY agrees to indemnify
COUNTY for Federal, State of California and/or local audit exceptions resulting from noncompliance
6 herein on the part of UNIVERSITY.
7 B. COUNTY agrees to indemnify, save, hold harmless, and at UNIVERSITY'S
19 request, defend the UNIVERSITY, its officers, agents and employees from any and all costs and
9 expenses, including attorney fees and court costs, damages, liabilities,claims and losses occurring or
10 resulting to UNIVERSITY in connection with the performance, or failure to perform, by COUNTY,
I i_ its officers, agents, employees and volunteers under this Agreement and from any and all costs and
-� expenses, including attorney fees and court costs, damages, liabilities,claims and losses occurring or
resulting to any person, firm or corporation who may be injured or damaged by the performance, or
14 failure to perform, of COUNTY, its officers, agents, employees, and volunteers under this Agreement.
15 In addition, COUNTY agrees to indemnify UNIVERSITY for Federal, State of California and/or local
16 audit exceptions resulting from noncompliance herein on part of COUNTY.
17 C. COUNTY AND UNIVERSITY shall give timely notice to the other of any
18 claim, demand, lien or suit coming to its knowledge which in any way might affect the other party and
19 each party shall have the right to participate in the defense of any such claim, demand, lien or suit
o brought against either party to this Agreement. COUNTY and UNIVERSITY recognize that the
21 significant mutual benefit of this Agreement depends upon close cooperation and good faith handling
22 of matters subject to such indemnification provisions and agree to collaborate with each other in the
2 defense of any such claim, demand, lien or suit brought against either party to this Agreement.
24 10. INSURANCE
2 Without limiting the COUNTY's right to obtain indemnification from UNIVERSITY or
26 any third parties, UNIVERSITY, at its sole expense, shall maintain in full force and effect the
21/ following insurance policies or a program of self-insurance, including but not limited to, an insurance
28 pooling arrangement or Joint Powers Agreement(JPA)throughout the term of this Agreement:
e - COUNTY OF FRESNO
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1 A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverage including completed operations,
4 product liability, contractual liability, Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature of the Agreement.
6
UNIVERSITY shall ensure that each student who participates in COUNTY's
internship program procures and maintains in force during the term of this
8 agreement or internship, at the students' sole cost and expense, General liability
Insurance. The policy of General Liability Insurance shall have coverage for
C� sexual harassment and abuse,property damage,bodily injury, and personal
injury within the stated limits.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
1` not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
13 Hundred Thousand Dollars ($500,000)per accident and for property damages of
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
should include owned and non-owned vehicles used in connection with this
Agreement.
1 F;
UNIVERSITY shall ensure that each student who participates in COUNTY's
internship program procures and maintains in force during the term of this
agreement or internship, at the students sole cost and expense, Automobile
1 Liability Insurance.
COUNTY shall ensure that the student internship scope of experience does not
include driving without pre-approval from the University Risk Manager.
C. Professional Liability
If UNIVERSITY employs licensed professional staff(e.g. Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars($1,000,000)per occurrence, Three
1 Million Dollars ($3,000,000) annual aggregate.
25
If students' internship is in a discipline that would normally require Professional
26 Liability Insurance UNIVERSITY shall ensure that each student procures and
maintains in force during the term of the internship, at students sole cost and
27 expense, Professional Liability Insurance in amounts reasonably necessary to
28 protect the student against liability arising from any and all negligent acts or
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I incidents caused by the student.
D. Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
3 California Labor Code. UNIVERSITY shall be responsible for Worker's
Compensation coverage for students when participating in the program.
,1
Within thirty (30) days from the date UNIVERSITY signs this Agreement,
6 UNIVERSITY shall provide a Certificate of Self-Insurance for all of the foregoing policies, as
7 required herein, to the County of Fresno, Department of Public Health, P.O. Box 11867, Fresno, CA
t 93775, Attention: Contracts Section-6 h Floor, stating that such insurance coverages have been
obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be
1-0 responsible for any premiums on the policies; that such Commercial General Liability insurance
1_t names the County of Fresno, its officers, agents and employees, individually and collectively, as
1 =' additional insured, but only insofar as the operations under this Agreement arc concerned; that such
13 coverage for additional insured shall apply as primary insurance and any other insurance, or self-
14 insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not
15 contributing with insurance provided under UNIVERSITY's policies herein; and that this insurance
16 shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given
17 to COUNTY.
18 In the event UNIVERSITY fails to keep in effect at all times insurance coverage as herein
19 provided,the COUNTY may, in addition to other remedies it may have, suspend or terminate this
20 Agreement upon the occurrence of such event.
21 Subject to the provisions of Paragraph 6 of this Agreement herein, without limiting the
22 1 JNIVERSITY'S right to obtain indemnification from COUNTY or any third parties, COUNTY, at its
2 ? sole expense, shall maintain in full force and effect the following insurance policies or a program of
24 self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers
25 Agreement(JPA) throughout the term of this Agreement:
26 A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million
27 Dollars($1,000,000) per occurrence and an annual aggregate of Two Million
28 Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
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1 UNIVERSITY may require specific coverage including completed operations,
product liability, contractual liability, Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature of the Agreement.
3
4 B. Automobile Liability
COUNTY is fully self-insured for automobile liability and property damage
5 coverage without any policy limits. Coverage should include owned vehicles
used in connection with this Agreement.
G
C. Professional Liability
If COUNTY employs licensed professional staff(e.g. Ph.D., R.N., I..C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of
not less than One Million Dollars ($1,000,000)per occurrence, Three Million
Dollars ($3,000,000) annual aggregate.
10
D. Worker's Compensation
11 A policy of Worker's Compensation Insurance as may be required by the
California Labor Code for applicable COUNTY employees.
13 Within thirty (30) days from the date COUNTY signs this agreement, COUNTY shall
1 provide a Certificate of Self Insurance as stated above for all of the foregoing o r policies, as required
p 8bp q
1.5
herein, to the California State University, Fresno, 5150 N. Maple Ave. MS JAI 11, Fresno, CA
16
93740, Attention: Procurement and Risk Management and that this insurance shall not be cancelled or
1'/
changed without a minimum of thirty (30) days advanced, written notice given to UNIVERSITY.
18
In the event COUNTY fails to keep in effect at all times insurance coverage as herein
19
provided, the t 1N IV ERSITY may, in addition to other remedies it may have, suspend or terminate this
�o
Agreement upon the occurrence of such event.
11. CONFIDENTIALITY
22
A. Note that the language in this section does not contain the County's standard
23
HIPAA language. The parties to this Agreement shall be in strict conformance with all applicable
24
Federal and State of California laws and regulations, including but not limited to Sections 5328,
25
10850, and 14100.2 e1 seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. of
26
Title 42, Code of Federal Regulations(CFR), Section 56 e1 seq. of the California Civil Code, Sections
27
11977 and 11812 of Title 22 of the California Code of Regulations, and the Health Insurance
28
i l COUNTY OF FRESNO
Fresno,CA
1 Portability and Accountability Act(HIPAA), including but not limited to Section 1.320 D et seq. of
2 Title 42, United States Code(USC) and its implementing regulations, including, but not limited to
3 Title 45, CFR, Sections 142, 160, 162, and 164, and The Health Information Technology for
4 Economic and Clinical Health Act(HITECH) regarding the confidentiality and security of patient
5 information, and the Genetic Information Nondiscrimination Act (GINA) of 2008 regarding the
6 confidentiality of genetic information.
7 B. For purposes of this Agreement and patient confidentiality under I IIPAA,
8 students and instructors shall be considered to be members of the County's "Workforce,"as defined at
9 45 Code of Federal Regulations (C.F.R.) §160.103.
10 C. In the course of their internships at the County, students and instructors will have
11 access to Protected Health Information, as defined at 45 C.F.R. § 160.103, and shall be subject to
12 County's IIIPAA Privacy and Security policies and procedures. Students and instructors will be
13 required to participate in training related to the HIPAA Privacy and Security Rules and County's
14 HIPAA Privacy and Security policies and procedures.
15 D. Students and instructors shall be required to sign County's confidentiality
16 agreement(attached as Exhibit A). Subject to students' and instructors' completion of County's
17 confidentiality agreement, County shall provide students and instructors with the necessary access to its
18 confidential patient medical records solely for purposes of obtaining the training contemplated by this
19 Agreement.
20 E. University shall provide instructors and students with inlonnation regarding
21 confidentiality of patient information and all applicable regulations relating to the Health Insurance
22 Portability and Accountability Act("HIPAA").
23 12. NUN-DISCRIMINATION
24 During the performance of this Agreement, UNIVERSITY shall not unlawfully
25 discriminate against any employee or applicant for employment, or recipient of services, because of
26 race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
27 condition, genetic information,marital status, sex, sexual orientation, age, gender, gender identity,
28 gender expression, military or veteran status pursuant to all applicable State of California and Federal
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I statutes and regulations.
2 13. DATA SECURITY
3 For the purpose of preventing the potential loss, misappropriation or inadvertent access,
4 viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse
5 of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that
6 enter into a contractual relationshp with the COUNTY for the purpose of providing services under
7 this Agreement must employ adequate data security measures to protect the confidential information
8 provided to UNIVERSITY by the COUNTY, including but not limited to the following:
9 A. UNIVERSITY-Owned Mobile Wireless or Handheld Devices
10 UNIVERSITY may not connect to COUNTY networks via personally-owned
11 mobile, wireless or handheld devices, unless the following conditions are met:
12 1) t_TNIVERSITY has received authorization by COUNTY for
13 telecommuting purposes;
14 2) Virus protection software currency agreements are in place;
15 3) Mobile device has the remote wipe feature enabled; and
16 4) A secure connection is used.
17 B. UNIVERSITY-Owned Computers or Computer Peripherals
18 UNIVERSITY may not bring[.UNIVERSITY-awned computers or computer
19 peripherals into the COUNTY for use without prior authorization from the COUNTY's Chief
20 Information Officer, and/or designee(s), including but not limited to mobile storage devices. If data is
21 approved to be transferred, data must be stored on a secure server approved by the COUNTY and
22 transferred by means of a Virtual Private Network (VPN) connection, or another type of secure
23 connection. Said data must be encrypted.
24 C. COUNTY-Owned Computer Equipment
25 iUNIVERSITY or anyone having an employment relationship with the
26 COUNTY, may not use COUNTY computers or computer peripherals on non-COUNTY premises
27 without prior authorization from the COUNTY's Chief Information Officer, and/or designee(s).
28
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D. UNIVERSITY may not store COUNTY's private, confidential or sensitive data
on any hard-disk drive, portable storage device, or remote storage installation unless encrypted.
E. UNIVERSITY shall be responsible to employ strict controls to ensure the
integrity and security of COUNTY's confidential information and to prevent unauthorized access,
5 viewing,use or disclosure of data maintained in computer files,program documentation, data
6 processing systems, data files and data processing equipment which stores or processes COUNTY
7 data internally and externally.
8 F. Confidential client information transmitted to one party by the other by means of
9 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES)of
1 0 128 BIT or higher. Additionally, a password or pass phrase must be utilized.
11 G. UNIVERSITY is responsible to immediately notify COUNTY of any violations,
12 breaches or potential breaches of security related to COUNTY's confidential information, data
13 maintained in computer files,program documentation, data processing systems, data files and data
14 processing equipment which stores or processes COUNTY data internally or externally.
15 H. In the event of a breach of security related to County's confidential client
16 information provided to UNIVERSITY, COUNTY will manage the response to the incident; however,
17 UNIVERSITY will be responsible to issue any notification to affected individuals as required by law
18 or as deemed necessary by COUNTY in its sole discretion. UNIVERSITY will he responsible for all
T 9 costs incurred as a result of providing said required notification.
0 14. AUDITS AND INSPECTIONS
21 UNIVERSITY shall at any time during business hours, and as often as COUNTY may
22 deem necessary,make available to COUNTY for examination all of its records and data with respect
23 to the matters covered by this Agreement. UNIVERSITY shall, upon request by COUNTY,permit
24 COUNTY to audit and inspect all such records and data necessary to ensure UNIVERSITY
25 compliance with the terms of this Agreement.
26 15. NOTICES
27 The persons having authority to give and receive notices under this Agreement and their
28 addresses include the following:
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COUNTY UNIVERSITY
1 Director, County of Fresno Director of Procurement
2 Department of Public Health California State University, Fresno
P.O. Box 11867 5150 N. Maple Ave. MS JAI 11
3 Fresno, CA 93775 Fresno, CA 93740
4
5 Any and all notices between COUNTY and UNIVERSITY provided for or permitted
6 under this Agreement, or by law, shall be in writing and shall be deemed duly served when personally
7 delivered to one of the parties, or in lieu of such personal service, when deposited in the United States
8 Mail, postage prepaid, addressed to such party.
9 16. GOVERNING LAW
10 The parties agree, that for the purposes of venue, performance under this Agreement is
11 to be in Fresno County, California.
12 The rights and obligations of the parties and all interpretation and performance of this
13 Agreement shall be governed in all respects by the laws of the State of California.
14 17. SEVERABILITY
15 The provisions of this Agreement are severable. The invalidity or uncnforceability of
16 any one provision in the Agreement shall not affect the other provisions.
17 18. ENTIRE AGREEMENT
18 This Agreement, including Exhibit A constitutes the entire Agreement between
19 UNIVERSITY and COUNTY with respect to the subject matter hereof and supersedes all previous
20 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
21 understandings of any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
2 hereinabove written.
3 UNIVERSITY: COUNTY OF FRESNO:
4 CALIFORNIA STATE UNIVERSITY,
FRESNO
5 By By f►J�
6 Chairman, Board of Supervisors
7 Print Name:
8 Title: Date: 9,0 t
9 University Risk Manager
10 Date: BERNICE E. SEIDEL, Clerk
Board of Supervisors
11
12 By
13 Print Name: �rL cu,\- ��t�`- By
14 Title: Date: t to -ao t
15 Director of Procurement
16 Date:
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23 California State University, Fresno
5150 N. Maple Ave. MS JAI 11
24 Fresno, CA 93740-0111 PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
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- 16 - COUNTY OF FRESNO
Fresno,CA
1 APPROVED AS TO LEGAL DORM:
2 DANIEL C. CEDERBORG, COUNTY COUNSEL
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4 By
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7 REVIEWED AND RECOMMENDED FOR APPROVAL:
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10 By (i
David Pomavill , Director
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12 Department of Public Health
13 Fund/Subclass: 0001/10000
14 Organization: 56201500
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- 17 - COUN'[ I OF FRESNO
Fresno,CA
Exhibit A
FRESNO COUNTY, DEPARTMENT OF PUBLIC HEALTH
CONFIDENTIALITY REQUIREMENTS
WORKER ACKNOWLEDGEMENT AND AGREEMENT
L. INTRODUCTION
All persons working with Fresno County Department of Public Health (DPH)
will observe and receive private and confidential information concerning DPH
clients/consumers, their families, and their life experiences and situations. This
information can include, but isn't necessarily limited to, medical, mental health, social,
financial, and educational information.
All persons working with DPH are required, either by law or by terms of their
employment with Fresno County, to protect the confidentiality of client/consumer
information. For the purposes of this agreement, a person is working with DPH if
he/she is an employee, a volunteer, is assigned to a DPH program through an
educational program, or is appointed by the Fresno County Board of Supervisors to a
board or committee requiring contact with DPH client/consumer information. Such
persons will hereinafter be referred to in this agreement as "DPH personnel".
All DPH personnel must read and sign this Worker Acknowledgement and
Agreement and agree to protect the confidentiality of DPH client/consumer
information.
II. LAWS PERTAINING TO CONFIDENTIALITY
DPI I recognizes that each client/consumer has a right to privacy and security
safeguards granted by the Constitution and laws of California and the laws of the
United States. That means each client/consumer, regardless of their citizenship status
or age, has a right to have their private, confidential information protected from
unauthorized disclosure. The manner in which client/consumer information is
protected is set forth in State and Federal confidentiality laws and regulations,
including but not limited to: Civil Code§56 et seq.; Evidence Code §§990 et seq., 1010
et seq.; Welfare & Institutions Code §§827, 4514, 5328, 10850, 14100-2; Health &
Safety Code §§11812, 45 C.F.R. Sections 142, 160, 162, and 164, 120975 et seq.,
123115; Penal Code §1203.05, 42 U.S.C. §§ 1320d et seq. (HIPAA) 11845.5. A
violation of these laws can result in criminal prosecution, civil liability, and
termination of employment.
III. DPH POLICY REGARDING CONFIDENTIALITY
As a matter of policy and in compliance with Federal and State Law, all DPH
personnel must know the DPH policies and procedures regarding confidential
information, including Protected Health Information as defined by HIPAA, that are
necessary and appropriate to carry out his/her function for DPH. DPH personnel must
also exercise extreme care in his/her use of confidential information obtained from
clients/consumers, case records, fellow workers; records and employees of other
agencies; and from any other source. DPII personnel are to refrain from seeking
confidential information on client/consumers if that information is not necessary to
carry out his/her work. Commentary regarding clients/consumers as recorded in case
records shall be limited to formal discussions that are pertinent to the provision of
services to clients/consumers and/or to the formal training of workers. All DPH
personnel shall make reasonable efforts to limit requests for and disclosures of
protected health information to the minimum necessary to accomplish the intended
purpose of the use, disclosure, or request. Participation in "gossip sessions" at any
time with anyone regarding clients/consumers and/or records is contrary to DPH policy
and to the law. Handling vital or case records or other documents which contain
client/consumer information in such a way that the document is open to view by others
is also contrary to DPH policy and the law. No unauthorized person is permitted to
accompany any DPH worker in interviews with clients/consumers, whether these
interviews take place on our work site, in client/consumer's home, or elsewhere.
Violation of this policy can result in disciplinary action and shall be grounds for
dismissal of DPH personnel and termination of employment for DPH employees.
IV. ACKNOWLEDGEMENT AND AGREEMENT
I hereby acknowledge that I have read, and/or have had read to me, the above
information regarding confidentiality. I understand and accept my responsibilities
under this agreement, and will use all information pertaining to DPH clients/consumers
in a professional and confidential manner. I further understand that failure to protect
clienUconsumer information from unauthorized disclosure constitutes a breach of
ethics and a violation of DPH policy and of State and Federal Law. I further
understand that violation of this policy can result in disciplinary action, shall be
grounds for my immediate dismissal and, if I am a DPH employee, can result in
termination of my employment.
Name (please print)
Signature
Title Date
WITNESS:
Signature
Title Date