HomeMy WebLinkAboutAgreement A-20-399 with KL Clinical Forensic Practice.pdf Agreement No. 20-399
1 AGREEMENT
2 THIS AGREEMENT ("Agreement") is made and entered into this 6th day of
3 October 2020, by and between the COUNTY OF FRESNO, a political subdivision of
4 the State of California, ("COUNTY") and K&L CLINICAL FORENSIC PRACTICE, a general
5 partnership, whose address is 3447 W Shaw Ave, #102, Fresno, CA 9311, ("K&L").
6 WITNESSETH:
7 WHEREAS, K&L is an approved practicum training site for doctoral level graduate
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students in psychology, which provides clinical and field experience for required learning
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experiences for doctoral students;
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WHEREAS, COUNTY, through its Public Defender's ("PD") Office, maintains and
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operates facilities for furnishing such clinical and field experience; and
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13 WHEREAS, it is to the mutual benefit of the parties that personnel and students of K&L's
14 practicum training program use COUNTY's facilities to obtain their necessary clinical and field
15 experience.
16 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the
17 parties hereto agree as follows:
18 1. RIGHTS AND RESPONSIBILITIES OF K&L
19 A. K&L will designate students enrolled from Alliant International University (the
20 "University") in the practicum site to be assigned for clinical learning experience at the
21 COUNTY, and schedule the clinical learning experience of the students in conformity with the
22 calendar of the University's academic year, and with the curriculum of the educational programs
23 of the University. The students selected shall have, at a minimum, the following qualifications:
24 Doctoral Students— Each doctoral level student will have earned a Master's
25 Degree (or equivalent), have spent at least one (1) year in residence at Alliant International
26 University, and will have had a minimum of one (1) year of supervised professional experience
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(fifteen (15) to twenty (20) hours per week). Each student will have had or be currently enrolled
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in academic coursework at the University in psychological assessment, personality theory,
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1 psychotherapy, theory and techniques of psychotherapy, group therapy, principles of
2 experimental design, seminars in dissertation development and design, theory and practice
3 supervision, and professional ethics and issues.
4 B. K&L agrees that each participating student and/or instructor from
5 K&L shall be in compliance with COUNTY's health clearance requirements. Prior to the first
6 clinical rotation of each student at COUNTY's facilities, K&L must provide COUNTY proof that
7 each student assigned to COUNTY meets COUNTY's health clearance requirements, including,
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but not limited to:
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1) Hepatitis B Vaccination Series - Since the work may lead to a
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reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other
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potentially infectious materials, each student and/or instructor must have received Hepatitis B
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13 vaccination series prior to commencing placement at COUNTY; or
14 2) Hepatitis B Vaccine Declination Form - In lieu of student and/or
15 instructor certifying to COUNTY that the student has been vaccinated for Hepatitis B, COUNTY
16 will accept from each student and/or instructor a form declining the Hepatitis B vaccination. The
17 declination form shall comply with the requirements of 29 Code of Federal Regulations, Section
18 1910.1030 by this reference incorporated herein. Student and/or instructors may use
19 COUNTY's Hepatitis B Vaccine Declination form, attached as Exhibit A, and incorporated by this
20 reference, to meet the above requirements; and
21 3) Providing proof of negative skin test for tuberculosis (TB) within the
22 past twelve (12) months, or for positive Purified Protein Derivative (PPD) reactors, initial
23 assessment and yearly assessment for signs and symptoms of disease; and
24 4) Providing Measles, Mumps, and Rubella (MMR) or serological
25 evidence of immunity to rubella or rubeola; and
26 5) Providing proof of fulfillment of OSHA Blood-borne Pathogen
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Standards (mandated training and post-exposure follow-up); and
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1 6) Providing any other health clearance requirements as may be
2 mandated during the term of this Agreement by COUNTY due to licensing regulations and/or
3 requirements.
4 C. COUNTY and K&L mutually recognize that the health clearance requirements
5 identified above may be different, and/or may change, as determined by COUNTY, depending
6 upon the classification of student and/or instructor, the type of work performed, potential patient
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exposure, as well as current public health conditions. K&L agrees to require students to meet
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any other reasonable health clearance requirements identified by COUNTY.
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D. K&L recognizes that the clinical and field education programs conducted
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pursuant to the terms and conditions of this Agreement are part of an educational practicum
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experience of K&L, and not of COUNTY, and that students participating in K&L's program shall
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13 at all times be under the exclusive jurisdiction and supervision of K&L.
14 E. K&L shall designate students enrolled in the practicum training of K&L to
15 be assigned for clinical and field experience at COUNTY facilities, in such numbers to be
16 mutually agreed upon by both COUNTY's Public Defender, or designee, and K&L.
17 F. K&L shall establish a rotational plan for the learning experience available at
18 COUNTY facilities, and shall schedule the students in conformity with the calendar of
19 University's academic year and with the curriculum of the psychology program of the University;
20 provided, however, that the specific COUNTY patient care areas to be utilized by K&L shall be
21 selected subsequently by mutual agreement between COUNTY's Public Defender, or designee,
22 and K&L's chairpersons or duly authorized representatives of the practicum training program.
23 G. K&L shall supervise all instruction of the clinical and field experience given
24 at COUNTY facilities to assigned students, and shall provide the necessary instructors for the
25 educational training program provided for under this Agreement.
26 H. K&L shall keep all attendance and academic records of students
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participating in the clinical and field experience program provided for under this Agreement.
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1 I. K&L shall certify to COUNTY at the time each student first reports to
2 COUNTY's facilities to participate in the clinical and field educational program that the student
3 shall be enrolled with Alliant International University's available health plan for students.
4 J. K&L shall ensure students act professionally and appropriately while at
5 COUNTY facilities.
6 K. K&L shall require every student to conform to all applicable COUNTY
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policies, procedures, regulations, and all requirements and restrictions specified jointly by
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representatives of K&L and COUNTY.
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L. K&L shall require its instructors to notify COUNTY's Public Defender or
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designee, as appropriate in advance of student placement regarding:
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1) Locations, dates, times and the number of hours or changes
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13 thereof, regarding student availability for clinical or field assignment; and
14 2) Any change in the placement of students in clinical and field
15 assignments.
16 M. K&L shall, in consultation and coordination with COUNTY's Public
17 Defender, or designee, arrange for periodic conferences between appropriate representatives of
18 K&L and COUNTY to evaluate the clinical and field experience programs provided under this
19 Agreement.
20 N. K&L shall provide and be responsible for the use and control of its
21 educational supplies, materials, and equipment used for instruction during the clinical and field
22 experience program.
23 O. K&L shall distribute to each student a statement which explains the
24 hazards of drug abuse in their profession.
25 P. K&L shall provide for an introductory orientation of students assigned to
26 COUNTY facilities, which shall provide an overview of the clinical and field assignment(s), and
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the terms and conditions of student placement at COUNTY facilities.
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1 Q. K&L agrees that special reports, projects, thesis, and/or publications based
2 upon studies and research arising out of the cooperative education experience permitted by this
3 Agreement shall be reviewed and approved prior to release through the committee responsible
4 for planning the course, and then with COUNTY's Public Defender or designee, as appropriate,
5 for approval by means of such procedures, as COUNTY's PD shall designate. Approval of
6 reports by K&L's planning committee and COUNTY's PD shall not be unreasonably withheld.
7 R. K&L shall agree to complete an evaluation of each student at least once
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during a specific program period.
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S. K&L shall allow COUNTY program managers and other designated
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personnel to attend meetings of K&L partners, or any committee thereof, to coordinate the
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clinical and field experience programs provided under this Agreement, and to designate lines of
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13 authority and communication for coordination of relations between COUNTY personnel and K&L
14 partners.
15 T. K&L's employees, agents and students shall abide by the provisions of
16 State of California law relating to confidentiality of medical records, further described in Section
17 12 of this Agreement, and any person knowingly and intentionally violating the provisions of
18 State of California law may be guilty of a misdemeanor. Further, K&L's employees, agents and
19 students obtaining clinical and field experience in the Public Defender's Office may have access
20 to confidential criminal, probation, and investigative records, Department of Motor Vehicle
21 records, or other criminal justice information, much of which is controlled by state and federal
22 law, including but not limited to California Penal Code sections 11105, 13300, 11141-11143,
23 and 13302-13304; California Government Code Section 6200; and California Vehicle Code
24 section 1808.5. Any misuse of said information in violation of state or federal law may result in
25 criminal and/or civil action."
26 U. K&L's employees, agents and students shall be issued COUNTY
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identification badges, which must be worn only at COUNTY facilities while participating in the
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clinical and field experience program, pursuant to the terms and conditions of this Agreement.
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1 Furthermore, K&L acknowledges that students assigned to the Public Defender's Office shall
2 be required to have his or her fingerprints taken and successfully pass a background check
3 prior to entry to any Sheriff or Juvenile Detention Facility location. Any such fingerprinting and
4 background check shall be at the sole expense of student or K&L. The background check
5 may include, but is not limited to, a check of Department of Motor Vehicle records and local
6 criminal records. Furthermore, K&L shall advise its instructors and students of COUNTY's
7 "No Hostage" policies for the Fresno County Jail and Fresno County Juvenile Detention
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Facility, which are attached hereto as Exhibits "B" and "C", respectively, and incorporated
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herein by reference, which generally means there will be no bargaining for the release of
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hostages in exchange for the release of incarcerated youth or adult inmate.
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V. All students receiving referrals for the clinical assessment of Public
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13 Defender clients are required to do the following:
14 1) Contact the site supervisor of the Public Defender's Office upon receipt of the
15 referral to review all written materials and/or reports relating to the referral and
16 before the clinical assessment of client;
17 2) Upon meeting with the site supervisor of the Public Defender's Office, the
18 student shall contact the assigned attorney to review all written materials and/or
19 reports relating to the referral and before the clinical assessment of client. If the
20 student is not able to contact the assigned attorney, they shall contact the site
21 supervisor of the Public Defender's Office for further instruction before the clinical
22 assessment of client.
23 3) Conduct a clinical assessment of the client and provide a written report to the
24 assigned attorney on the agreed-upon due date of report;
25 4) If the student is unable to provide the report by the agreed-upon date, the
26 student shall contact the site supervisor of the Public Defender's Office or the
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assigned attorney immediately, so that an extension can be agreed upon.
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1 5) If additional information is needed for the student to complete the requested
2 assessment, such as criminal records and/or investigative reports, they may
3 contact the site supervisor of the Public Defender's Office or the assigned
4 attorney for assistance to obtain such information."
5 W . K&L shall provide, as mutually agreed upon between COUNTY and
6 K&L, supervised professional experience to each practicum intern. "Supervised professional
7 experience" (SPE) shall be defined pursuant to, and shall comply with the requirements of, Title
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16 of California Code of Regulations (16 CCR) section 1387, and shall include, but not
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necessarily be limited to:
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1) Assignment of a primary supervisor to each intern. Pursuant to
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the requirements of 16 CCR 1387.1, the primary supervisor shall:
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13 a) Be a psychologist licensed by the State of California.
14 b) Certify that they are licensed in good standing and have
15 completed at least six (6) hours of formal training in supervision. Such training shall include the
16 processes, procedures and theories of supervision needed to prepare trainees for independent
17 practice of psychology with safety to the public and shall include laws and regulations relating to
18 the practice of psychology. Such training may be obtained by any one of the methods specified
19 in 16 CCR section 1387.1 (b)(1)-(5).
20 c) Comply with the duties and responsibilities set forth in 16
21 CCR section 1387.1.
22 2) The primary supervisor shall be engaged in rendering
23 professional services a minimum of one-half(1/2) time in the same work setting in which the
24 student supervised is obtaining SPE. The primary supervisor shall be available to the student
25 one hundred percent (100%) of the time the student is accruing SPE. This availability may be in-
26 person, b telephone, b pager or other appropriate technolo 16 CFR 1387 b
p Y p Y p g9Y• ( � l•)
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3) The primary supervisor may delegate a portion of the
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supervision for which the primary supervisor is responsible to another licensed psychologist, or
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1 an individual otherwise qualified to act as supervisor. The primary supervisor shall monitor the
2 supervision performance of all delegated supervisors, pursuant to 16 CFR section 1387.1(o).
3 The delegated supervisor will meet the qualifications and perform the responsibilities set forth in
4 16 CCR section 1387.2.
5 4) SPE shall include at least one (1) hour per week of face-to-face
6 individual consultation between the student and the primary supervisor. Students shall be
7 provided with supervision for ten percent (10%) of the total time worked each week. (16 CFR §
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1387[b].)
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5) The primary supervisor or delegated supervisor shall evaluate
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the students' performance at the end of each semester on forms provided by the University.
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2. RIGHTS AND RESPONSIBILITIES OF THE COUNTY
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13 A. COUNTY's Public Defender or designee, at their sole discretion, shall
14 have the right to approve and accept, or reject, each student selected by K&L for clinical and
15 field experience placement at COUNTY's facilities. For each student selected and designated
16 by K&L, COUNTY shall permit each student to receive clinical and field experience pursuant to
17 Section 1 of this Agreement, at appropriate COUNTY facilities at an agreed (between COUNTY
18 and K&L) number of hours, and shall furnish and permit students and/or instructors free access
19 to appropriate COUNTY facilities for such clinical and field experience, subject to the terms and
20 conditions of this Agreement.
21 B. COUNTY shall furnish the appropriate facilities, on a rotational basis, in
22 such a manner that there will be no conflict in the use between K&L's students and those from
23 other educational institutions, if any.
24 C. COUNTY shall, subject to budgetary and operational concerns, maintain
25 clinical and field facilities used for the learning experience in a manner that shall at all times
26 conform to the requirements of K&L's practicum training program listed in the recitals section of
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this Agreement.
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1 D. COUNTY shall provide to students and instructors taking part in the
2 clinical and field experience (subject to space limitations) the following facilities:
3 1) A conference-type room or office space suitably furnished for
4 K&L's partners or practicum students to conduct clinical and/or field classes;
5 2) A storage area for instructional materials and supplies;
6 3) Shelf space for books and other space for the use of K&L's students
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and partners; and
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4) Restroom facilities.
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E. COUNTY shall permit its various program directors and other designated
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personnel to attend meetings of K&L's partners, or any committee thereof, to coordinate the
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clinical and field experience programs provided for under this Agreement, and to designate lines
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13 of authority and communication for coordination of relations between K&L partners and
14 COUNTY personnel.
15 F. COUNTY shall provide an introductory orientation for K&L partners or
16 staff, which shall provide an overview of COUNTY facilities, field and experience program, and
17 the terms and conditions of student placement at COUNTY's facilities.
18 G. COUNTY shall notify K&L's partners, in advance, of any change in its
19 Public Defender or designee(s) appointments.
20 H. COUNTY shall, within the limits of its resources, provide the equipment,
21 supplies and assistance necessary for the interviews of COUNTY clients in the course of K&L's
22 students' learning experience, and consistent with COUNTY policies.
23 I. COUNTY shall reserve the absolute right to review, authorize, and at its
24 sole discretion, deny access or admission by any student, and/or K&L representative into
25 COUNTY facilities.
26 J. COUNTY shall provide input into the evaluation of students' skills and
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progress conducted by K&L.
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1 3. JOINT RESPONSIBILITIES OF THE COUNTY AND K&L
2 Each student nominated by K&L and accepted by the COUNTY for placement in this program
3 shall enter into a signed Clinical Practicum Training Agreement, which is attached as Exhibit D,
4 and incorporated by this reference. K&L shall forward to COUNTY a copy of each signed
5 addendum.
6 4. TERM
7 The term of this Agreement shall be for a period of three (3) year, effective upon execution
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through October 5, 2023. This Agreement may be extended for two (2) additional twelve (12)
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month periods subject to satisfactory performance and upon the same terms and conditions
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herein set forth, unless written notice of non-renewal is given by COUNTY, CONTRACTOR, or
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COUNTY's Public Defender, or designee, no later than thirty (30) days prior to the close of the
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13 then current Agreement term.
14 5. TERMINATION
15 A. Non-Allocation of Funds—The terms of this Agreement, and the services to
16 be provided thereunder, are contingent on the approval of funds by the appropriating
17 government agency. Should sufficient funds not be allocated, the services provided may be
18 modified, or this Agreement terminated at any time by giving K&L six (6) months prior written
19 notice.
20 B. Breach of Contract—The COUNTY may immediately suspend or
21 terminate this Agreement in whole or in part, where in the determination of the COUNTY there
22 is:
23 1) A failure to comply with any term of this Agreement;
24 2) A substantially incorrect or incomplete report submitted to COUNTY.
25 C. Without Cause — Under circumstances other than those set forth above,
26 this Agreement may be terminated b K&L or COUNTY b giving the other art six 6 months
g Y Y Y g� 9 party ( )
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advance written notice of an intention to terminate.
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1 6. COMPENSATION
2 The clinical and field learning experience program conducted pursuant to the terms
3 and conditions of this Agreement shall be performed without the payment of any monetary
4 consideration by K&L or COUNTY, one to the other, or by or to any student participating in the
5 program. The consideration for each party to participate in this Agreement shall be the valuable
6 experience and supervision provided to K&L's students, and the mental health evaluation
7 services provided to COUNTY PD's clients.
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7. INDEPENDENT CONTRACTOR
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In performance of the work, duties, and obligations assumed by K&L under this
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Agreement, it is mutually understood and agreed that K&L, including any and all of K&L's
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practicum students, partners, agents, and employees, will at all times be acting and performing
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13 as an independent contractor, and shall act in an independent capacity and not as an officer,
14 agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore,
15 COUNTY shall have no right to control or supervise or direct the manner of method by which
16 K&L shall perform its work and function. However, COUNTY shall retain the right to administer
17 this Agreement to verify that K&L is performing its obligations in accordance with the terms and
18 conditions thereof K&L and COUNTY shall comply with all applicable provisions of law and the
19 rules and regulations, if any, of governmental authorities having jurisdiction over matters which
20 are directly or indirectly the subject of this Agreement.
21 Because of its status as an independent contractor, K&L, its partners, employees
22 and students, shall have absolutely no right to employment rights and benefits available to
23 COUNTY employees. K&L shall be solely liable and responsible for providing to, or on behalf of,
24 its employees all legally-required employee benefits. In addition, K&L shall be solely responsible
25 and save COUNTY harmless from all matters relating to payment of K&L's employees, including
26 compliance with Social Security, withholding and all other regulations governing such matters.
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As between the COUNTY and K&L, should the students be deemed employees by any
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governmental or regulatory body, the students shall be the employees of K&L. It is
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1 acknowledged that during the term of this Agreement, K&L may be providing services to others
2 unrelated to the COUNTY into this Agreement.
3 8. EMPLOYMENT RELATIONSHIP
4 K&L, its instructors, employees and students, shall have absolutely no right to
5 employment rights and benefits available to COUNTY employees. K&L shall be solely liable and
6 responsible for providing to, or on behalf of, its employees all legally-required employee
7 benefits. In addition, K&L shall be solely responsible, and save COUNTY harmless from all
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matters relating to payment of K&L's employees, including compliance with Social Security,
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withholding, and all other regulations governing such matters. As between COUNTY and K&L,
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should the students be deemed employees by any governmental or regulatory body, the student
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shall be the employee of K&L for Worker's Compensation purposes only, but, notwithstanding
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13 the foregoing, students shall be deemed members of COUNTY's workforce for purposes of
14 HIPAA, as defined herein.
15 In consideration of the benefits K&L derives from this Agreement, and subject to the
16 provisions herein, K&L shall not consider the students to be employees of, or claim the students
17 are employees of, the COUNTY for the purposes of determining liability for any and all costs
18 and expenses, including attorney fees and court costs, damages, liabilities, claims and losses
19 occurring or resulting to K&L or to any person, firm or corporation who may be injured or
20 damaged by any act or failure to act, of any student or person participating in or connected with
21 the programs that are the subject of this Agreement.
22 In consideration of the benefits the COUNTY derives from this Agreement, and subject
23 to the provisions herein, COUNTY shall not consider the students to be employees of, or claim
24 the students are employees of, K&L for the purposes of determining liability for any and all costs
25 and expenses, including attorney fees and court costs, damages, liabilities, claims and losses
26 occurring or resulting to the COUNTY or to any person, firm or corporation who may be injured
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or damaged by any act or failure to act, of any student or person participating in or connected
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with the programs that are the subject of this Agreement.
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1 It is acknowledged that during the term of this Agreement, K&L may be providing
2 services to others unrelated to COUNTY or to this Agreement.
3 9. MODIFICATION
4 Any matters of this Agreement may be modified from time to time by the written
5 consent of all the parties without, in any way, affecting the remainder.
6 Notwithstanding the above, changes in addresses to which notices are to be sent
7 may be made by written approval of COUNTY's Public Defender or designee and K&L.
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10. NON-ASSIGNMENT
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Neither party shall assign, transfer or subcontract this Agreement nor their rights or
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duties under this Agreement without the prior written consent of the other party.
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11. HOLD-HARMLESS
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13 A. K&L agrees to indemnify, save, hold harmless, and at COUNTY's
14 request, defend COUNTY, its officers, agents, employees from any and all costs and expenses,
15 including attorney's fees and costs, damages, liabilities, claims and losses occurring or resulting
16 to COUNTY in connection with the performance, or failure to perform, by K&L, its partners,
17 employees, students, interns, and volunteers under this Agreement, and from any and all costs
18 and expenses, including attorney's fees and costs, damages, liabilities, claims and losses
19 occurring or resulting to any person, firm or corporation who may be injured or damaged by the
20 performance, or failure to perform, of K&L, its officers, agents, instructors, faculty, employees,
21 students, interns, and volunteers under this Agreement. In addition, K&L agrees to indemnify
22 COUNTY for Federal, State of California and/or local audit exceptions resulting from
23 noncompliance herein on the part of K&L.
24 B. COUNTY and K&L shall give timely notice to the other of any claim,
25 demand, lien or suit coming to its knowledge which in any way might affect the other party, and
26 each party shall have the right to participate in the defense of the same to the extent of its
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interest. COUNTY and K&L recognize that the significant mutual benefits of this Agreement
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1 depend upon close cooperation and good faith handling of matters, subject to such
2 indemnification provisions.
3 C. The provisions of this Section 10 shall survive termination of this
4 Agreement.
5 11. INSURANCE
6 Without limiting COUNTY's right to obtain indemnification from K&L or any third
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parties, K&L, at its sole expense, shall maintain in full force and effect the following insurance
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policies or a program of self-insurance, including but not limited to, an insurance pooling
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arrangement of Joint Powers Agreement (JPA) throughout the term of this Agreement:
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A. Commercial General Liability
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Commercial General Liability Insurance with limits of not less than Two Million
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13 Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars
14 ($4,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require
15 specific coverage including completed operations, product liability, contractual liability,
16 Explosion, Collapse, and Underground (XCU), fire legal liability or any other liability insurance
17 deemed necessary because of the nature of this Agreement.
18 K&L shall ensure that each student who participates in COUNTY's internship
19 program procures and maintains in force during the term of this Agreement or internship, at the
20 students' sole cost and expense, General liability Insurance. The policy of General Liability
21 Insurance shall have coverage for sexual harassment and abuse, property damage, bodily
22 injury, and personal injury within the stated limits.
23 B. Automobile Liability
24 Comprehensive Automobile Liability Insurance with limits of not less than One
25 Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages.
26 Coverage should include any auto used in connection with this Agreement.
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1 K&L shall ensure that each student who participates in COUNTY's internship
2 program procures and maintains in force during the term of this agreement or internship, at the
3 student's sole cost and expense, Automobile Liability Insurance.
4 COUNTY shall ensure that the student internship scope of experience does not
5 include driving without pre-approval from the K&L Risk Manager.
6 C. Professional Liability
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If K&L employs licensed professional staff (e.g. Ph.D., R.N., L.C.S.W., M.F.T.) in
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providing services, Professional Liability Insurance with Limits of not less than One Million
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Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) annual aggregate.
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If students' internship is in a discipline that would normally require Professional
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Liability Insurance K&L shall ensure that each student procures and maintains in force during
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13 the term of the internship, at students sole cost and expense, Professional Liability Insurance in
14 amounts reasonably necessary to protect the student against liability arising from any and all
15 negligent acts or incidents caused by the student.
16 D. Worker's Compensation
17 A policy of Worker's Compensation Insurance as may be required by the
18 California Labor Code. K&L shall be responsible for Workers' Compensation coverage for
19 students who participate in the program.
20 If students are required to provide their own insurance (as above), the additional
21 insured language needs to state that students will also have to name the County as additional
22 insured, and that their insurance will be primary.
23 K&L hereby waives its right to recover from COUNTY, its officers, agents, and
24 employees any amounts paid by the policy of worker's compensation insurance required by this
25 Agreement. K&L is solely responsible to obtain any endorsement to such policy that may be
26 necessary to accomplish such waiver of subrogation, but K&L's waiver of subrogation under this
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paragraph is effective whether or not K&L obtains such an endorsement.
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1 K&L shall obtain endorsements to the Commercial General Liability insurance
2 naming the County of Fresno, its officers, agents, and employees, individually and collectively,
3 as additional insured, but only insofar as the operations under this Agreement are concerned.
4 Such coverage for additional insured shall apply as primary insurance and any other insurance,
5 or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess
6 only and not contributing with insurance provided under K&L's policies herein. This insurance
7 shall not be cancelled or changed without a minimum of thirty (30) days advance written notice
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given to COUNTY.
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Within thirty (30) days from the date K&L signs this Agreement, K&L shall
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provide certificates of insurance and endorsements as stated above for all of the foregoing
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policies, as required herein, to the County of Fresno, Public Defender's Office, 2135 Fresno
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13 Street, Suite 100, Fresno, California, 93721, Attention: Contracts Section, stating that such
14 insurance coverages have been obtained and are in full force; that the County of Fresno, its
15 officers, agents and employees will not be responsible for any premiums on the policies; that for
16 such worker's compensation insurance the CONTRACTOR has waived its right to recover from
17 the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy
18 and that waiver does not invalidate the insurance policy; that such Commercial General Liability
19 insurance names the County of Fresno, its officers, agents and employees, individually and
20 collectively, as additional insured, but only insofar as the operations under this Agreement are
21 concerned; that such coverage for additional insured shall apply as primary insurance and any
22 other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees,
23 shall be excess only, and not contributing with insurance provided under K&L' s policies herein;
24 and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days
25 advance, written notice given to COUNTY.
26 In the event K&L fails to keep in effect at all times insurance coverage as herein
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provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this
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Agreement upon the occurrence of such event.
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1 All policies shall be with admitted insurers licensed to do business in the State
2 of California. Insurance purchased shall be from companies possessing a current A.M. Best,
3 Inc. rating of A FSC VII or better.
4 12. CONFIDENTIALITY
5 The parties to this Agreement shall be in strict conformance with all applicable
6 Federal and State of California laws and regulations, including but not limited to Sections 5328,
7 10850, and 14100.2 et seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et
8
seq. of Title 42, Code of Federal Regulations (CFR), Section 56 et seq. of the California Civil
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Code, Sections 11977 and 11812 of Title 22 of the California Code of Regulations, and the
10
Health Insurance Portability and Accountability Act (HIPAA), including but not limited to Section
11
1320 D et seq. of Title 42, United States Code (USC) and its implementing regulations,
12
13 including, but not limited to Title 45, CFR, Sections 142, 160, 162, and 164, The Health
14 Information Technology for Economic and Clinical Health Act (HITECH) regarding the
15 confidentiality and security of patient information, and the Genetic Information Nondiscrimination
16 Act (GINA) of 2008 regarding the confidentiality of genetic information. Except as otherwise
17 provided in this Agreement, K&L, as a Business Associate of COUNTY, may use or disclose
18 Protected Health Information (PHI) to perform functions, activities or services for or on behalf of
19 COUNTY, as specified in this Agreement, provided that such use or disclosure shall not violate
20 the Health Insurance Portability and Accountability Act (HIPAA), USC 1320d et seq. The uses
21 and disclosures of PHI may not be more expansive than those applicable to COUNTY, as the
22 "Covered Entity" under the HIPAA Privacy Rule (45 CFR 164.500 et seq.), except as authorized
23 for management, administrative or legal responsibilities of the Business Associate.
24 B. K&L, including its subcontractors and employees, shall protect, from
25 unauthorized access, use, or disclosure of names and other identifying information, including
26 genetic information, concerning persons receiving services pursuant to this Agreement, except
27
where permitted in order to carry out data aggregation purposes for health care operations [45
28
CFR Sections 164.504 (e)(2)(i), 164.504 (3)(2)(ii)(A), and 164.504 (e)(4)(i)] This pertains to any
-17-
1 and all persons receiving services pursuant to a COUNTY funded program. This requirement
2 applies to electronic PHI. K&L shall not use such identifying information or genetic information
3 for any purpose other than carrying out K&L's obligations under this Agreement.
4 C. K&L, including its subcontractors and employees, shall not disclose any such
5 identifying information or genetic information to any person or entity, except as otherwise
6 specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164 or other
7
law, required by the Secretary, or authorized by the client/patient in writing. In using or
8
disclosing PHI that is permitted by this Agreement or authorized by law, K&L shall make
9
reasonable efforts to limit PHI to the minimum necessary to accomplish intended purpose of
10
use, disclosure or request.
11
D. For purposes of the above sections, identifying information shall include, but
12
13 not be limited to name, identifying number, symbol, or other identifying particular assigned to the
14 individual, such as finger or voice print, or photograph.
15 E. For purposes of the above sections, genetic information shall include genetic
16 tests of family members of an individual or individual, manifestation of disease or disorder of
17 family members of an individual, or any request for or receipt of, genetic services by individual
18 or family members. Family member means a dependent or any person who is first, second,
19 third, or fourth degree relative.
20 F. K&L shall provide access, at the request of COUNTY, and in the time and
21 manner designated by COUNTY, to PHI in a designated record set (as defined in 45 CFR
22 Section 164.501), to an individual or to COUNTY in order to meet the requirements of 45 CFR
23 Section 164.524 regarding access by individuals to their PHI. With respect to individual
24 requests, access shall be provided within thirty (30) days from request. Access may be
25 extended if K&L cannot provide access and provides individual with the reasons for the delay
26 and the date when access may be granted. PHI shall be provided in the form and format
27
requested by the individual or COUNTY.
28
-18-
1 K&L shall make any amendment(s) to PHI in a designated record set at the
2 request of COUNTY or individual, and in the time and manner designated by COUNTY in
3 accordance with 45 CFR Section 164.526.
4 K&L shall provide to COUNTY or to an individual, in a time and manner
5 designated by COUNTY, information collected in accordance with 45 CFR Section 164.528, to
6 permit COUNTY to respond to a request by the individual for an accounting of disclosures of
7 PHI in accordance with 45 CFR Section 164.528.
8
G. K&L shall report to COUNTY, in writing, any knowledge or reasonable
9
belief that there has been unauthorized access, viewing, use, disclosure, security incident, or
10
breach of unsecured PHI not permitted by this Agreement of which it becomes aware,
11
immediately and without reasonable delay and in no case later than two (2) business days of
12
13 discovery. Immediate notification shall be made to COUNTY's Information Security Officer and
14 Privacy Officer and COUNTY's DPH HIPAA Representative, within two (2) business days of
15 discovery. The notification shall include, to the extent possible, the identification of each
16 individual whose unsecured PHI has been, or is reasonably believed to have been, accessed,
17 acquired, used, disclosed, or breached. K&L shall take prompt corrective action to cure any
18 deficiencies and any action pertaining to such unauthorized disclosure required by applicable
19 Federal and State Laws and regulations. K&L shall investigate such breach and is responsible
20 for all notifications required by law and regulation or deemed necessary by COUNTY and shall
21 provide a written report of the investigation and reporting required to COUNTY's Information
22 Security Officer and Privacy Officer and COUNTY's DPH HIPAA Representative. This written
23 investigation and description of any reporting necessary shall be postmarked within the thirty
24 (30)working days of the discovery of the breach to the addresses below:
25 County of Fresno County of Fresno County of Fresno
26 Dept. of Public Health Dept. of Public Health Information Technology Services
HIPAA Representative Privacy Officer Information Security Officer
27 (559) 600-6439 (559) 600-6405 (559) 600-5800
P.O. Box 11867 P.O. Box 11867 333 W. Pontiac Way
28 Fresno, CA 93775 Fresno, CA 93775 Clovis, CA 93612
-19-
1 H. K&L shall make its internal practices, books, and records relating to the
2 use and disclosure of PHI received from COUNTY, or created or received by K&L on behalf of
3 COUNTY, in compliance with HIPAA's Privacy Rule, including, but not limited to the
4 requirements set forth in Title 45, CFR, Sections 160 and 164. K&L shall make its internal
5 practices, books, and records relating to the use and disclosure of PHI received from
6 COUNTY, or created or received by K&L on behalf of COUNTY, available to the United States
7 Department of Health and Human Services (Secretary) upon demand.
8
K&L shall cooperate with the compliance and investigation reviews conducted by
9
the Secretary. PHI access to the Secretary must be provided during K&L's normal business
10
hours, however, upon exigent circumstances access at any time must be granted. Upon the
11
Secretary's compliance or investigation review, if PHI is unavailable to K&L and in possession of
12
13 a Subcontractor, it must certify efforts to obtain the information to the Secretary.
14 I. Safeguards
15 K&L shall implement administrative, physical, and technical safeguards as required It y
16 the HIPAA Security Rule, Subpart C of 45 CFR 164, that reasonably and appropriately protect the
17 confidentiality, integrity, and availability of PHI, including electronic PHI, that it creates, receives,
18 maintains or transmits on behalf of COUNTY and to prevent unauthorized access, viewing, use,
19 disclosure, or breach of PHI other than as provided for by this Agreement. K&L shall conduct an
20 accurate and thorough assessment of the potential risks and vulnerabilities to the confidential, integrity
21 and availability of electronic PHI. K&L shall develop and maintain a written information privacy and
22 security program that includes administrative, technical and physical safeguards appropriate to the ize
23 and complexity of K&L's operations and the nature and scope of its activities. Upon COUNTY's
24 request, K&L shall provide COUNTY with information concerning such safeguards.
25 K&L shall implement strong access controls and other security safeguards and
26 precautions in order to restrict logical and physical access to confidential, personal (e.g., PHI) or
27
sensitive data to authorized users only. Said safeguards and precautions shall include the followin
28
-20-
1 administrative and technical password controls for all systems used to process or store confidential,
2 personal, or sensitive data:
3 1. Passwords must not be:
4 a. Shared or written down where they are accessible or recognizable by anyor e
5 else; such as taped to computer screens, stored under keyboards, or visible in a work area;
6 b. A dictionary word; or
7
C. Stored in clear text
8
2. Passwords must be:
9
a. Eight (8) characters or more in length;
10
b. Changed every ninety (90) days;
11
C. Changed immediately if revealed or compromised; and
12
13 d. Composed of characters from at least three (3) of the following four (4)
14 groups from the standard keyboard:
15 1) Upper case letters (A-Z);
16 2) Lowercase letters (a-z);
17 3) Arabic numerals (0 through 9); and
18 4) Non-alphanumeric characters (punctuation symbols).
19 K&L shall implement the following security controls on each workstation or portable
20 computing device (e.g., laptop computer) containing confidential,
21 personal, or sensitive data:
22 1. Network-based firewall and/or personal firewall;
23 2. Continuously updated anti-virus software; and
24 3. Patch management process including installation of all operating
25 system/software vendor security patches.
26 K&L shall utilize a commercial encryption solution that has received FIPS 140-2
27
validation to encrypt all confidential, personal, or sensitive data stored on portable electronic
28
-21-
1 media (including, but not limited to, compact disks and thumb drives) and on portable computing
2 devices (including, but not limited to, laptop and notebook computers).
3 K&L shall not transmit confidential, personal, or sensitive data via e-mail or other
4 internet transport protocol unless the data is encrypted by a solution that has been validated by
5 the National Institute of Standards and Technology (NIST) as conforming to the Advanced
6 Encryption Standard (AES) Algorithm. K&L must apply appropriate sanctions against its
7 employees who fail to comply with these safeguards. K&L must adopt procedures for
8
terminating access to PHI when employment of employee ends.
9
J. Mitigation of Harmful Effects
10
K&L shall mitigate, to the extent practicable, any harmful effect that is suspected
11
or known to K&L of an unauthorized access, viewing, use, disclosure, or breach of PHI by K&L
12
13 or its subcontractors in violation of the requirements of these provisions. K&L must document
14 suspected or known harmful effects and the outcome.
15 K. K&L's Subcontractors
16 K&L shall ensure that any of its contractors, including subcontractors, if
17 applicable, to whom K&L provides PHI received from or created or received by K&L on behalf of
18 COUNTY, agree to the same restrictions, safeguards, and conditions that apply to K&L with
19 respect to such PHI and to incorporate, when applicable, the relevant provisions of these
20 provisions into each subcontract or sub-award to such agents or subcontractors..
21 L. Employee Training and Discipline
22 K&L shall train and use reasonable measures to ensure compliance with the
23 requirements of these provisions by employees who assist in the performance of functions or
24 activities on behalf of COUNTY under this Agreement and use or disclose PHI and discipline
25 such employees who intentionally violate any provisions of these provisions, including
26 termination of employment.
27
M. Termination for Cause
28
-22-
1 Upon COUNTY's knowledge of a material breach of these provisions by K&L,
2 COUNTY shall either:
3 1. Provide an opportunity for K&L to cure the breach or end the violation and
4 terminate this Agreement if K&L does not cure the breach or end the violation within the time
5 specified by COUNTY; or
6 2. Immediately terminate this Agreement if K&L has breached a material term of
7
these provisions and cure is not possible.
8
3. If neither cure nor termination is feasible, the COUNTY's Privacy Officer
9
shall report the violation to the Secretary of the U.S. Department of Health and Human Services.
10
N. Judicial or Administrative Proceedings
11
COUNTY may terminate this Agreement in accordance with the terms and
12
13 conditions of this Agreement as written hereinabove, if: (1) K&L is found guilty in a criminal
14 proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or (2) a
15 finding or stipulation that K&L has violated a privacy or security standard or requirement of the
16 HITECH Act, HIPAA or other security or privacy laws in an administrative or civil proceeding in
17 which K&L is a party.
18 O. Effect of Termination
19 Upon termination or expiration of this Agreement for any reason, K&L shall return
20 or destroy all PHI received from COUNTY (or created or received by K&L on behalf of
21 COUNTY) that K&L still maintains in any form, and shall retain no copies of such PHI. If return
22 or destruction of PHI is not feasible, it shall continue to extend the protections of these
23 provisions to such information, and limit further use of such PHI to those purposes that make
24 the return or destruction of such PHI infeasible. This provision shall apply to PHI that is in the
25 possession of subcontractors or agents, if applicable, of K&L. If K&L destroys the PHI data, a
26 certification of date and time of destruction shall be provided to the COUNTY by K&L.
27
P. Disclaimer
28
-23-
1 COUNTY makes no warranty or representation that compliance by K&L with
2 these provisions, the HITECH Act, HIPAA or the HIPAA regulations will be adequate or
3 satisfactory for K&L's own purposes or that any information in K&L's possession or control, or
4 transmitted or received by K&L, is or will be secure from unauthorized access, viewing, use,
5 disclosure, or breach. K&L is solely responsible for all decisions made by K&L regarding the
6 safeguarding of PHI.
7
Q. Amendment
8
The parties acknowledge that Federal and State laws relating to electronic data
9
security and privacy are rapidly evolving and that amendment of these provisions may be
10
required to provide for procedures to ensure compliance with such developments. The parties
11
specifically agree to take such action as is necessary to amend this agreement in order to
12
13 implement the standards and requirements of HIPAA, the HIPAA regulations, the HITECH Act
14 and other applicable laws relating to the security or privacy of PHI. COUNTY may terminate this
15 Agreement upon thirty (30) days written notice in the event that K&L does not enter into an
16 amendment providing assurances regarding the safeguarding of PHI that COUNTY in its sole
17 discretion, deems sufficient to satisfy the standards and requirements of HIPAA, the HIPAA
18 regulations and the HITECH Act.
19 R. No Third-Party Beneficiaries
20 Nothing express or implied in the terms and conditions of these provisions is
21 intended to confer, nor shall anything herein confer, upon any person other than COUNTY or
22 K&L and their respective successors or assignees, any rights, remedies, obligations or liabilities
23 whatsoever.
24 S. Interpretation
25 The terms and conditions in these provisions shall be interpreted as broadly as
26 necessary to implement and comply with HIPAA, the HIPAA regulations and applicable State
27
laws. The parties agree that any ambiguity in the terms and conditions of these provisions shall
28
-24-
1 be resolved in favor of a meaning that complies and is consistent with HIPAA and the HIPAA
2 regulations.
3 T. Regulatory References
4 A reference in the terms and conditions of these provisions to a section in the
5 HIPAA regulations means the section as in effect, or as amended.
6 U. Survival
7 The respective rights and obligations of K&L as stated in this Section 12 shall
8
survive the termination or expiration of this Agreement.
9
V. No Waiver of Obligations
10
No change, waiver or discharge of any liability or obligation hereunder on any one or
11
more occasions shall be deemed a waiver of performance of any continuing or other obligation,
12
13 or shall prohibit enforcement of any obligation on any other occasion.
13. NON-DISCRIMINATION
14
15 During the performance of this Agreement, K&L shall not unlawfully discriminate
16 against any employee or applicant for employment, or recipient of services, because of race,
17 religion, color, national origin, ancestry, physical disability, medical condition, marital status, age
18 or gender, pursuant to all applicable State of California and Federal statutes and regulations.
19 This non-discrimination policy covers admission and access to, and treatment and employment
20 in K&L's programs and activities, including occupational education.
21 14. CONFLICT OF INTEREST
22 No officer, agent, or employee of the COUNTY who exercises any function or
23 responsibility for planning and carrying out the services provided under this Agreement shall
24 have any direct or indirect personal financial interest in this Agreement. K&L shall comply with
25 all Federal, State of California, and local conflict of interest laws, statutes, and regulations,
26 which shall be applicable to all parties and beneficiaries under this Agreement and any officer,
27
agent, or employee of the COUNTY.
28
-25-
1 15. AUDITS AND INSPECTIONS
2 K&L shall at any time during business hours, and as often as the COUNTY may
3 deem necessary, make available to the COUNTY for examination all of its records and data with
4 respect to the matters covered by this Agreement. K&L shall, upon request by COUNTY, permit
5 the COUNTY to audit and inspect all such records and data necessary to ensure K&L's
6 compliance with the terms of this Agreement.
7 If this Agreement exceeds ten thousand dollars ($10,000.00), K&L shall be subject to the
8
examination and audit of the California State Auditor for a period of three (3) years after final
9
payment under contract (Government Code Section 8546.7).
10
16. NOTICES
11
The persons and their addresses having authority to give and receive notices
12
13 under this Agreement include the following:
14 COUNTY K&L
15 Public Defender's Office K&L Clinical Forensic Practice
2135 Fresno Street, Suite 100 3447 W. Shaw Ave. #102
16 Fresno, California 93721 Fresno, CA 93711
17 All notices between COUNTY and K&L provided for or permitted under this
18
Agreement must be in writing and delivered either by personal service, by first-class United
19
States mail, by an overnight commercial courier service, or by telephonic facsimile transmission.
20
A notice delivered by personal service is effective upon service to the recipient. A notice
21
delivered by first-class United States mail is effective three COUNTY business days after
22
23 deposit in the United States mail, postage prepaid, addressed to the recipient. A notice
24 delivered by an overnight commercial courier service is effective one COUNTY business day
25 after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery
26 instructions given for next day delivery, addressed to the recipient. A notice delivered by
27 telephonic facsimile is effective when transmission to the recipient is completed (but, if such
28 transmission is completed outside of COUNTY business hours, then such delivery shall be
deemed to be effective at the next beginning of a COUNTY business day), provided that the
-26-
1 sender maintains a machine record of the completed transmission. For all claims arising out of
2 or related to this Agreement, nothing in this section establishes, waives, or modifies any claims
3 presentation requirements or procedures provided by law, including but not limited to the
4 Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section
5 810).
6 17. DISCLOSURE OF SELF-DEALING TRANSACTIONS
7
This provision is only applicable if K&L is operating as a corporation (a for-
8
profit or non-profit corporation) or if during the term of this Agreement, K&L changes its status
9
to operate as a corporation.
10
Members of K&L's Board of Directors shall disclose any self-dealing
11
transactions that they are a party to while K&L is providing goods or performing services under
12
13 this agreement. A self-dealing transaction shall mean a transaction to which K&L is a party
and in which one or more of its directors has a material financial interest. Members of the
14
15 Board of Directors shall disclose any self-dealing transactions that they are a party to by
16 completing and signing a Self-Dealing Transaction Disclosure Form (Exhibit "E") and
17 submitting it to COUNTY prior to commencing with the self-dealing transaction or immediately
18 thereafter.
19 18. SEVERABILITY
20 The provisions of this Agreement are severable. The invalidity or
21 unenforceability of any one provision in the Agreement shall not affect the other provisions.
22 19. DATA SECURITY
23 For the purpose of preventing the potential loss, misappropriation or
24 inadvertent disclosure of COUNTY data including sensitive or personal client information;
25 abuse of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or
26 agencies that enter into a contractual relationship with the COUNTY for the purpose of
27
providing services under this Agreement must employ adequate data security measures to
28
-27-
1 protect the confidential information provided to K&L by the COUNTY, including but not limited
2 to the following:
3 A. K&L-Owned Mobile, Wireless, or Handheld Devices
4 K&L may not connect to COUNTY networks via personally-owned mobile,
5 wireless or handheld devices except: 1) when authorized by COUNTY for telecommuting
6 purposes; 2) if virus protection software currency agreements are in place; and 3) if a secure
7
connection is used.
8
B. K&L-Owned Computers or Computer Peripherals
9
K&L may not bring K&L-owned computers or computer peripherals into the
10
COUNTY for use without prior authorization from the COUNTY's Chief Information Officer, or
11
designee(s), including but not limited to mobile storage devices. If approved to be transferred,
12
13 data must be stored on a secure server approved by the COUNTY and transferred by means of
14 a virtual private network (VPN) connection or another type of secure connection.
15 C. COUNTY-Owned Computer Equipment
16 K&L may not use COUNTY computers or computer peripherals on non-COUNTY premises
17 without prior authorization from COUNTY's Chief Information Officer, or designee(s).
18 D. K&L may not store COUNTY's private, confidential or sensitive data
19 on any hard-disk drive.
20 E. K&L shall be responsible to employ strict controls to ensure the
21 integrity and security of the COUNTY's confidential information and to prevent unauthorized
22 access to data maintained in computer files, program documentation, data processing systems,
23 data files and data processing equipment which stores or processes COUNTY data internally
24 and externally.
25 F. Confidential client information transmitted to one party by the other by
26 means of electronic transmissions must be encrypted according to Advanced Encryption
27
Standards (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be
28
utilized.
-28-
1 G. K&L shall be responsible to immediately notify COUNTY of any
2 breaches or potential breaches of security related to COUNTY's confidential information, data
3 maintained in computer files, program documentation, data processing systems, data files and
4 data processing equipment which stores or processes COUNTY data internally or externally.
5 H. In the event of a breach of security related to COUNTY's confidential
6 client information provided to K&L, COUNTY will manage the response to the incident;
7
however, K&L will be responsible to issue any notification to affected individuals as required by
8
law or as deemed necessary by COUNTY in its sole discretion. K&L will be responsible for all
9
costs incurred as a result of providing said required notification.
10
20. GOVERNING LAW
11
The parties agree, that for purposes of venue, performance under this
12
13 Agreement is to be in Fresno County, California.
14 The rights and obligations of the parties and all interpretation and performance of this
15 Agreement shall be governed in all respects by the laws of the State of California.
16 21. ENTIRE AGREEMENT
17 This Agreement, including all Exhibits, constitutes the entire Agreement
18 between K&L and COUNTY with respect to the subject matter hereof, and supersedes all
19 previous agreement negotiations, proposals, commitments, writings, advertisements,
20 publications, and understandings of any nature whatsoever unless expressly included in this
21 Agreement.
22
23
24
25
26
27 //
28
-29-
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first hereinabove written.
2
3 K&L COUNTY OF FRESNO
4
5
6
8 4sy ts Ernest Buddy Me es Chairman of the
1 kzv-Cc-'sc c wz--'h ce- Board of Supervisors of the County of
9 �a� -ter Fresno
l _:uzF �, �•�c�o\ocj:s�
10
11
12 ATTEST:
Bernice E. Seidel
13 Clerk of the Board of Supervisors
14 County of Fresno, State of California
15
16
17
De t
18 FOR ACCOUNTING USE ONLY:
19 ORG No.:
20 Account No.:
Requisition No.:
21
22
23
24
25
26
27
28
-30-
1 Exhibit A
2 HEPATITIS B VACCINE DECLINATION
3 1 understand that due to my occupational exposure to blood or other potentially
4 infectious materials, I may be at risk of acquiring Hepatitis B virus (HBV) infection. I have been
5 given the opportunity to be vaccinated with Hepatitis B vaccine; however, I decline Hepatitis B
6 vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of
7
acquiring Hepatitis B, a serious disease.
8
9
Print Name Job Title Department
10
11
Signature Date
12
13
14 * * * If I continue to have occupational exposure to blood and other potentially infectious material, 1
15 understand that I have the option to receive the Hepatitis B vaccination series at a later date.
16
17
18
19
20
21
22
23
24
25
26
27
28
-31-
EXHIBIT B
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 05-06-96, 09-01-99,
12-01-10
AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie
REFERENCE: California Code of Regulations, Title 15, Section 1029(a)(7)(B) and
Penal Code Section 236.
PURPOSE:
The purpose of this policy is to establish procedures which provide for the resolution of a
hostage-taking incident while preserving the safety of staff, public, inmates, and hostages,
and maintaining facility security.
POLICY:
The Fresno County Sheriff's Office Jail Division maintains a NO HOSTAGE FACILITY and
will not consider bargaining with hostage takers for ANY reason.
It is the policy of the Fresno County Sheriff's Office Jail Division that once any staff member
is taken hostage, they immediately lose their authority and any orders issued by that
person will not be followed regardless of their rank or status.
It is the policy of the Fresno County Sheriff's Office Jail Division that the primary
responsibility of all staff members in a hostage situation is to protect every person involved,
if possible, from serious injury or death.
PROCEDURES:
I. DEFINITION
HOSTAGE SITUATION: any staff member, citizen or inmate held against their will
by another person for the purpose of escape, monetary gain or any reason which
may place an individual in danger of losing life or suffering serious injury.
Page 1 of 5
EXHIBIT B
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
II. NOTIFICATIONS, CONTAINMENT AND CONTROL OF THE SITUATION
A. Emergency procedures and notifications shall be implemented as per
Emergency Planning procedures (B-101/FILE: EMERGENCY).
B. The Watch Commander will notify the Patrol Watch Commander and
apprise them of the incident. The Patrol Watch Commander may be
requested to activate the Crisis Negotiations Team (CNT), outside support
agencies, equipment, personnel, and dispatch a detective to the scene for
the crime report.
III. DURING NEGOTIATIONS
A. While at the scene, the CNT members will conduct all verbal or written
communications between the hostage taker(s) and the Incident
Commander. CNT will immediately notify the Incident Commander of any
changes in the following situations:
1. Hostage status
2. Incident changes and developments
3. Hostage taker demands
4. Any and all pertinent information concerning the incident
B. Staff members at the scene not actively involved with negotiations will not
act or speak out to the hostage taker(s) or hostages.
C. The Tactical Commander will formulate a plan to take the necessary actions,
using the appropriate force, to terminate the hostage situation in the event
negotiations fail. Hostage safety will be of paramount concern.
IV. HOSTAGE SURVIVAL STRATEGIES
A. If taken hostage, it is important to make the transition from being a victim to
being a survivor. The following are not strict rules that must be rigidly
followed, but rather general guidelines. There will always be exceptions.
Page 2 of 5
EXHIBIT B
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
1. Regain/maintain composure. Try to be calm, focused and clear-headed
at all times. Do not stand out from other hostages. Drawing
unnecessary attention increases the chance of being singled out and
victimized.
2. Maintain a low-key, unprovocative posture. Overt resistance is usually
counterproductive in a hostage situation.
a. Remain calm and follow instructions. Comply with the hostage
takers when at all possible.
b. Be stoic. Maintain an outward face of acceptance of adversity with
dignity. Avoid open displays of cowardice and fear. Inmates will
view frailty and feebleness as weakness, which may lead to
victimization.
c. Do not antagonize, threaten or aggravate the hostage takers. Avoid
saying "no", or arguing with the hostage takers. Do not act
authoritative. The hostage takers must make it known that they are
in charge.
d. Eye contact may be regarded as a challenge; make eye contact with
the hostage takers sparingly.
e. Fight off basic instincts, such as anger and hostility. Be polite and
remain alert. Speak normally and don't complain.
3. Hostages should try to establish a level of rapport or communication
with their captors in attempt to get the captors to recognize them as
human beings.
a. Find a mutual ground, an association with the hostage takers.
Foster communication on non-threatening topics (e.g., family,
hobbies, sports, interests).
b. Use the captors' first names, if known. However, if hostage takers
are attempting to conceal their identity, do not give any indication
that they are recognized.
c. Listen actively to the captors' feelings and concerns, but never
praise, participate in, or debate their "cause". If they want to talk
about their cause, act interested in their viewpoints. Avoid being
Page 3 of 5
EXHIBIT B
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
overly solicitous, which may be viewed as patronizing or insincere.
d. Do not befriend the inmates; such an attempt will likely result in
exploitation.
e. Try asking for items that will increase personal comfort. Make
requests in a reasonable, low-key manner.
4. Be prepared to be isolated and disoriented.
a. Do not talk to other hostages. The hostage takers may think a plot
is being formed.
b. Develop mind games to stimulate thinking and maintain mental
alertness.
5. Be tolerant of fellow hostages. Just as each person has different
reactions to stress, each individual will have different methods of coping
as a hostage. Some methods are not effective and may endanger the
group, or be annoying to other hostages (e.g., constant talking). Try to
help these people cope in other ways.
6. Gather intelligence. Hostages should take in and store as much detail,
about their captors as possible without drawing attention to their efforts.
Make mental notes and attempt to gather the following information:
identification of the ring leader, the number of hostage takers, the type
of weapons they are using, their tactics, location within the area, etc.
7. Maintain hope. Depending on the circumstances, resolution of hostage
situations can be a lengthy process.
B. Stay away from doors and windows through which rescue teams may enter
or shoot. If a rescue is attempted, drop to the floor and keep hands in view.
C. If there is a chance to escape, the hostage should be certain of their
success.
1. Balance the likely payoff of any behavior with the possible
consequences. Hostage takers may use violence or death to teach a
lesson.
Page 4 of 5
EXHIBIT B
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: HOSTAGE SITUATIONS NO: B-130
FILE: HOSTAGE
2. Realize that Central Control will not open any doors for anyone.
D. Hostages should be aware of the"Stockholm Syndrome", whereby hostages
begin to show sympathy toward their captors. Hostages who develop
Stockholm Syndrome often view the captor as giving life by simply not taking
it. Such hostages often misinterpret a lack of abuse as kindness and may
develop feelings of appreciation for the perceived benevolence.
Page 5 of 5
EXHIBIT C
Subject: Hostage Situations
1 1
Policy Number: 326.0
• rJuvenile Justice Campus
Policy Manual Page: 1 of 2
Date Originated: April 1, 2004
Authority: Title 15; Section 1327; Date Revised: February 1, 2008
California Code of Regulations
It is imperative for the safety and security of all persons within Juvenile Justice Campus (JJC)
facilities, as well as for those in the community, that minors are not allowed to leave the secure
confines of the facilities by the taking of a hostage(s). If successful in securing a release
through these means minors would be much more likely in the future to use this practice again
in an attempt to escape the confines of the facilities. This would put those visiting and working
at the JJC at higher level of risk and would jeopardize the safety of the community if the minor
was in fact successful in securing his/her release.
The JJC is a "no-hostage" facility. This means that minors will not be released from custody
under any circumstances due to the taking of a hostage(s). Any staff person taken hostage, no
matter what their rank or status, immediately loses their authority and any orders issued by that
person will not be followed.
I. HOSTAGE SITUATION PROCEDURES
A. If any minor(s) and/or other person(s) in the facility attempt to hold any person hostage,
and they do not respond to verbal commands to stop staff will immediately notify the
Watch Commander. He/she will respond to the location and assess the situation. If a
hostage situation is in progress the Watch Commander will:
1. Summon assistance from other officers as required.
2. Establish a secure perimeter around the hostage takers and allow no one to pass
into it for any reason without authorization. Risks should not be taken that might
allow the taking of additional hostages.
3. Evacuate all non-essential persons at the scene to a safe location or any housing
pod that is not directly involved in the incident.
4. Direct officers to place minors in uninvolved housing pods in their rooms and have
them remain there until directed otherwise. Minors outside of housing pods will
remain in place under officer supervision until it is safe to return to their respective
housing pods or any housing pod that is not directly involved in the incident.
5. Immediately notify the Director or the Probation Services Manager/Assistant Director
in his/her absence and confer with higher authority as to action to be taken.
Administration in turn will notify the Chief.
B. The Fresno Sheriffs Dispatch Center (488-3111) will be notified immediately and a
request for a trained hostage negotiator and other emergency personnel will be made
as needed. Prior to the arrival of the Sheriff Department's hostage negotiator the
Watch Commander will attempt to ascertain:
EXHIBIT C
Subject: Hostage Situation
Policy #: 326.0 Page 2 of 2
1. The number and identity of both the hostages and hostage takers;
2. Any known weapons possessed by the hostage takers;
3. The demands of the hostage takers.
C. The Watch Commander will retain and direct departing custody officers, as well as,
available Probation peace officer staff to assist with security and safety needs, as
necessary. Additional Juvenile Correctional Officers should be called in as may be
needed to insure the safe and secure operation of the facility.
D. The Watch Commander will coordinate with the Sheriff's Department all activities taken
to resolve the hostage situation, including the use of appropriate force, and will maintain
control of the facility until relieved of that duty by the presence of a Probation Services
Manager/Assistant Director, Director, or the Chief Probation Officer.
E. Once the hostage situation has been resolved the minors involved should be housed in
the most secure setting available and all appropriate charges should be filed.
F. Each officer and/or non-sworn staff member who was involved or observed the incident
will complete an incident report and if required, the appropriate critical incident
evaluation report(s) regarding the details of the incident prior to the end of his/her shift.
(See incident Report, located in JAS Probation View, under "Word Templates".)
G. The Watch Commander will prepare a Critical Incident Investigation Report, using the
Critical Incident Evaluation Report - Page 2 report form and the critical incident
evaluation report(s) completed by the reporting persons at the time of the incident.
II. PARENTAL AND MEDIA INFORMATION
A. Attempts will be made at the direction of Administration to reach the families of the
hostages to advise them of the situation. Notification will also be made to the parents
of the hostage takers as deemed appropriate.
B. All media inquiries will be referred to the Chiefs office per departmental policy.
III. SECURITY AND OPERATIONAL REVIEW
A. Once the incident has been resolved a team will be established to conduct a security
and operational review of the incident. The review will be conducted within 2 days of
the resolution of the incident. The review team will be comprised of the facility
administrator and/or facility Director, Probation Services Manager/Assistant Director
and Supervising Juvenile Correctional Officers who are relevant to the incident. The
team will review the circumstances leading up to the incident and any necessary
corrective action necessary to insure that such an incident does not repeat itself.
Alliant EXHIBIT D Office of Professional Training
International 5130 East Clinton Way
University Fresno, CA 93727
CLINICAL PRACTICUM TRAINING AGREEMENT
TYPE OF PRACTICUM COMMITMENT:
F-1G-1 Practicum-- 200* hour commitment over 1 semester STUDENT:
❑G-2 Practicum--800* hour commitment over 52-54 weeks SCHOOL: CSPP
F-1G-3 Practicum--800* hour commitment over 50-52 weeks PROGRAM:
FlExtension. Extending the practicum agreement
(start date is previous end date)
❑ELECTIVE**: Student commits to *hours SITE: K&L Clinical Forenic Practice
or SUPPLEMENTAL over(term): SUPERVISOR: Tamar Kenworthy, PsyD
*Minimum number of hours in order to complete practicum;site
may require additional hours PHONE: 415-737-9593
**For Elective/Supplemental Practicum,student must register for 1
unitfor every 200 hours committed E-MAIL: kandlclinical@gmail.com
Start Date:
(change of end date requires agreement by student,supervisor and
End Date: OPT,and a revised contract)
THE STUDENT NAMED ABOVE HEREBY ACKNOWLEDGES BY INITIALING that he/she must meet the following in order to
receive credit for completing the practicum and for the hours performed therein.
THE SUPERVISOR OR SITE REPRESENTATIVE NAMED ABOVE HEREBY ACKNOWLEDGES BY INITIALING that he/she
understands the following requirements as well as his/her role in supporting the student in meeting them,as expressed in
the Field Training Manual
Student Initials Supervisor Initials
1 Completion of at least the above number of hours performing direct and
indirect services as prescribed in the Field Training Manual
2 Participation in at least one hour per week of individual supervision with a
licensed n-wrholorrast
3 Participation in at least two hours per week of group supervision
4 Utilize direct observation in supervision at least one time per semester
S Strict adherence to ethical guidelines,including but not limited to those
pertaining to issues of confidentiality
6 Reaching expected minimum levels of achievement(MLAs) by the end of
each term,as determined by the supervisor's evaluation and Alliant's
grading standards
All parties agree to this placement and the terms set forth herein and in the Field Training Manual
Student Signature/ Date
Supervisor Signature/ Date
OPT Signature/ Date
Exhibit E
1 SELF-DEALING TRANSACTION DISCLOSURE FORM
2 In order to conduct business with the County of Fresno (hereinafter referred to as
3 "County"), members of a contractor's board of directors (hereinafter referred to as
4 "County Contractor"), must disclose any self-dealing transactions that they are a party
5 to while providing goods, performing services, or both for the County. A self-dealing
6 transaction is defined below:
7 "A self-dealing transaction means a transaction to which the corporation is a party and
8 in which one or more of its directors has a material financial interest"
9 The definition above will be utilized for purposes of completing this disclosure form.
10 INSTRUCTIONS
11 (1) Enter board member's name, job title (if applicable), and date this disclosure is
12 being made.
13 (2) Enter the board member's company/agency name and address.
14 (3) Describe in detail the nature of the self-dealing transaction that is being
15 disclosed to the County. At a minimum, include a description of the following:
16 a. The name of the agency/company with which the corporation has the
17 transaction; and
18 b. The nature of the material financial interest in the Corporation's
19 transaction that the board member has.
20 (4) Describe in detail why the self-dealing transaction is appropriate based on
21 applicable provisions of the Corporations Code.
22 (5) Form must be signed by the board member that is involved in the self-dealing
23 transaction described in Sections (3) and (4).
24
25
26
27
28
1
Exhibit E
1
2
3 (1) Company Board Member Information:
4 Date:
5
6 (2) Company/Agency Name and Address:
7
8
9
10
(3) Disclosure (Please describe the nature of the self-dealing transaction you are
11
a party to):
12
13
14
15
16
17
18
19 (4) Explain why this self-dealing transaction is consistent with the requirements
20 of Corporations Code 5233 (a):
21
22
23
24
25 (5) Authorized Signature
26 Signature Date:
27
28
2