HomeMy WebLinkAboutAgreement A-24-473 with Fresno City College.pdf Agreement No. 24-473
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated September 10, 2024 and is between
3 Fresno City College, a college of the State Center Community College District ("College"), and
4 the County of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. College has approved various educational programs that require facilities to provide
7 clinical and field experience for required learning experiences for its students; and
8 B. County, through its Department of Behavioral Health (DBH), maintains and operates
9 facilities suitable for furnishing such clinical and field experience; and
10 C. It is to the mutual benefit of the parties that personnel and students of College use such
11 County facilities for their clinical and field experience; and
12 D. Students participating in the following College departments/programs are subject to this
13 Agreement:
14 1. Registered Nurse Program
15 2. Licensed Vocational Nurse Program
16 3. Certified Phlebotomy Program
17 4. Fresno City College Training Institute Programs (including but not limited
18 to Emergency Medical Technician Program)
19 5. Health Information Technology Program
20 6. Drug and Alcohol Counseling Program
21 7. Psychology Programs
22 8. Social Science Programs
23 9. Grant Programs (federal, state, and local)
24 The parties therefore agree as follows:
25 Article 1
26 College's Services
27 1.1 Scope of Services. The College shall perform all of the services provided in Exhibit
28 A to this Agreement, titled "Scope of Services."
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1 1.2 Representation. The College represents that it is qualified, ready, willing, and able
2 to perform all of the services provided in this Agreement.
3 1.3 Compliance with Laws. The College shall, at its own cost, comply with all
4 applicable federal, state, and local laws and regulations in the performance of its obligations
5 under this Agreement, including but not limited to workers compensation, labor, and
6 confidentiality laws and regulations.
7 Article 2
8 County's Responsibilities
9 2.1 The County shall permit each student who is designated by College, pursuant to
10 Exhibit A.3 of this Agreement, to receive clinical and field experience at appropriate County
11 facilities at an agreed (between County and College) number of hours, and shall furnish and
12 permit students and/or instructors free access to appropriate County facilities for such clinical
13 and field experience, subject to the terms and conditions of this Agreement.
14 2.2 County shall furnish the appropriate facilities, on a rotational basis, in such a manner
15 that there will be no conflict in the use thereof between College's students and those from other
16 educational institutions, if any.
17 2.3 County shall, subject to budgetary and operational concerns, maintain clinical and
18 field facilities used for the learning experience in a manner that shall at all times conform to the
19 requirements of College's departments/programs listed in the Recitals section of this
20 Agreement.
21 2.4 County shall provide staff adequate in number and quality to provide safe and
22 continuous health care to patients involved in clinical and field learning programs.
23 2.5 County shall permit and encourage members of its resident staff and/or attending
24 medical staff to participate in the instructional phase of College's clinical and field experience
25 programs.
26 2.6 County shall permit its various program directors and other designated personnel to
27 attend meetings of College's faculty, or any committee thereof, to coordinate the clinical and
28 field experience programs provided for under this Agreement, and to designate lines of authority
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1 and communication for coordination of relations between College instructors and County
2 personnel.
3 2.7 County shall provide an introductory orientation for College instructors and faculty
4 staff which shall provide an overview of County facilities, field and experience programs, and the
5 terms and conditions of student placement at County's facilities.
6 2.8 County shall notify College's instructors, in advance, of any change in its DBH
7 Director, or designee appointments.
8 2.9 County shall, within the limits of its resources, provide whatever equipment, supplies,
9 and assistance necessary of the care of County patients in the course of College's students
10 learning experience and consistent with County's plan of care.
11 2.10 County shall reserve the absolute right to review, authorize, and at its sole discretion,
12 deny access or admission by any student, instructor, and/or College representative into County
13 facilities.
14 2.11 County shall provide input into the evaluation conducted by College, of students'
15 skills and progress.
16 Article 3
17 Compensation, Invoices, and Payments
18 3.1 The clinical and field education programs conducted pursuant to the terms and
19 conditions of this Agreement shall be performed without the payment of any monetary
20 consideration by College or County, one to the other, or by or to any student participating in said
21 clinical training programs.
22 Article 4
23 Term of Agreement
24 4.1 Term. This Agreement is effective on September 10, 2024 and terminates on June
25 September 9, 2027 except as provided in Section 4.2, "Extension," or Article 6, "Termination
26 and Suspension," below.
27 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
28 year periods only upon written approval of both parties at least 30 days before the first day of
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1 the next one-year extension period. The Director of the Department of Behavioral Health or his
2 or her designee is authorized to sign the written approval on behalf of the County based on the
3 College's satisfactory performance. The extension of this Agreement by the County is not a
4 waiver or compromise of any default or breach of this Agreement by the College existing at the
5 time of the extension whether or not known to the County.
6 Article 5
7 Notices
8 5.1 Contact Information. The persons and their addresses having authority to give and
9 receive notices provided for or permitted under this Agreement include the following:
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For the County:
11 Director, Department of Behavioral Health
County of Fresno
12 1925 E. Dakota Ave.
Fresno, CA 93726
13 DBHStaffDevelopment@fresnocountyca.gov
14 For the College:
Vice Chancellor of Finance and Administration
15 State Center Community College District
1171 Fulton Street
16 Fresno, CA 93721
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5.2 Change of Contact Information. Either party may change the information in section
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5.1 by giving notice as provided in section 5.3.
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5.3 Method of Delivery. Each notice between the County and the College provided for
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or permitted under this Agreement must be in writing, state that it is a notice provided under this
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Agreement, and be delivered either by personal service, by first-class United States mail, by an
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overnight commercial courier service, by telephonic facsimile transmission, or by Portable
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Document Format (PDF) document attached to an email.
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(A) A notice delivered by personal service is effective upon service to the recipient.
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(B) A notice delivered by first-class United States mail is effective three County
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business days after deposit in the United States mail, postage prepaid, addressed to the
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recipient.
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1 (C)A notice delivered by an overnight commercial courier service is effective one
2 County business day after deposit with the overnight commercial courier service,
3 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
4 the recipient.
5 (D)A notice delivered by telephonic facsimile transmission or by PDF document
6 attached to an email is effective when transmission to the recipient is completed (but, if
7 such transmission is completed outside of County business hours, then such delivery is
8 deemed to be effective at the next beginning of a County business day), provided that
9 the sender maintains a machine record of the completed transmission.
10 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
11 nothing in this Agreement establishes, waives, or modifies any claims presentation
12 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
13 of Title 1 of the Government Code, beginning with section 810).
14 Article 6
15 Termination and Suspension
16 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
17 contingent on the approval of funds by the appropriating government agency. If sufficient funds
18 are not allocated, then the County, upon at least 30 days' advance written notice to the College,
19 may:
20 (A) Modify the services provided by the College under this Agreement; or
21 (B) Terminate this Agreement.
22 6.2 Termination for Breach.
23 (A) Upon determining that a breach (as defined in paragraph (C) below) has
24 occurred, the County may give written notice of the breach to the College. The written
25 notice may suspend performance under this Agreement, and must provide at least 30
26 days for the College to cure the breach.
27 (B) If the College fails to cure the breach to the County's satisfaction within the time
28 stated in the written notice, the County may terminate this Agreement immediately.
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1 (C) For purposes of this section, a breach occurs when, in the determination of the
2 County, the College has:
3 (1) Obtained or used funds illegally or improperly;
4 (2) Failed to comply with any part of this Agreement;
5 (3) Submitted a substantially incorrect or incomplete report to the County; or
6 (4) Improperly performed any of its obligations under this Agreement.
7 6.3 Termination without Cause. In circumstances other than those set forth above, the
8 County may terminate this Agreement by giving at least 30 days advance written notice to the
9 College.
10 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
11 under this Article 6 is without penalty to or further obligation of the County.
12 6.5 County's Rights upon Termination. Upon termination for breach under this Article
13 6, the County may demand repayment by the College of any monies disbursed to the College
14 under this Agreement that, in the County's sole judgment, were not expended in compliance
15 with this Agreement. The College shall promptly refund all such monies upon demand. This
16 section survives the termination of this Agreement.
17 Article 7
18 Independent Contractor
19 7.1 Status. In performing under this Agreement, the College, including its officers,
20 agents, employees, and volunteers, is at all times acting and performing as an independent
21 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
22 venturer, partner, or associate of the County.
23 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
24 manner or method of the College's performance under this Agreement, but the County may
25 verify that the College is performing according to the terms of this Agreement.
26 7.3 Benefits. Because of its status as an independent contractor, the College and its
27 students have no right to employment rights or benefits available to County employees. The
28 College is solely responsible for providing to its own employees all employee benefits required
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1 by law. The College shall save the County harmless from all matters relating to the payment of
2 College's employees, including compliance with Social Security withholding and all related
3 regulations.
4 7.4 Services to Others. The parties acknowledge that, during the term of this
5 Agreement, the College may provide services to others unrelated to the County.
6 Article 8
7 Indemnity and Defense
8 8.1 Indemnity. The College shall indemnify and hold harmless and defend the County
9 (including its officers, agents, employees, and volunteers) against all claims, demands, injuries,
10 damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of
11 any kind to the County, the College, or any third party that arise from or relate to the
12 performance or failure to perform by the College (or any of its officers, agents, subcontractors,
13 or employees) under this Agreement. The County may conduct or participate in its own defense
14 without affecting the College's obligation to indemnify and hold harmless or defend the County.
15 8.2 The County shall indemnify and hold harmless and defend the College (including its
16 officers, agents, employees, and volunteers) against all claims, demands, injuries, damages,
17 costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to
18 the College, the County, or any third party that arise from or relate to the performance or failure
19 to perform by the County (or any of its officers, agents, subcontractors, or employees) under this
20 Agreement. The College may conduct or participate in its own defense without affecting the
21 County's obligation to indemnify and hold harmless or defend the College.
22 8.3 Survival. This Article 8 survives the termination of this Agreement.
23 Article 9
24 Insurance
25 9.1 The College shall comply with all the insurance requirements in Exhibit C to this
26 Agreement.
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1 Article 10
2 Inspections, Audits, and Public Records
3 10.1 Inspection of Documents. The College shall make available to the County, and the
4 County may examine at any time during business hours and as often as the County deems
5 necessary, all of the College's records and data with respect to the matters covered by this
6 Agreement, excluding attorney-client privileged communications. The College shall, upon
7 request by the County, permit the County to audit and inspect all of such records and data to
8 ensure the College's compliance with the terms of this Agreement.
9 10.2 State Audit Requirements. If the compensation to be paid by the County under this
10 Agreement exceeds $10,000, the College is subject to the examination and audit of the
11 California State Auditor, as provided in Government Code section 8546.7, for a period of three
12 years after final payment under this Agreement. This section survives the termination of this
13 Agreement.
14 10.3 Public Records. The County is not limited in any manner with respect to its public
15 disclosure of this Agreement or any record or data that the College may provide to the County.
16 The County's public disclosure of this Agreement or any record or data that the College may
17 provide to the County may include but is not limited to the following:
18 (A) The County may voluntarily, or upon request by any member of the public or
19 governmental agency, disclose this Agreement to the public or such governmental
20 agency.
21 (B) The County may voluntarily, or upon request by any member of the public or
22 governmental agency, disclose to the public or such governmental agency any record or
23 data that the College may provide to the County, unless such disclosure is prohibited by
24 court order.
25 (C)This Agreement, and any record or data that the College may provide to the
26 County, is subject to public disclosure under the Ralph M. Brown Act (California
27 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
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1 (D)This Agreement, and any record or data that the College may provide to the
2 County, is subject to public disclosure as a public record under the California Public
3 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
4 with section 6250) ("CPRA").
5 (E) This Agreement, and any record or data that the College may provide to the
6 County, is subject to public disclosure as information concerning the conduct of the
7 people's business of the State of California under California Constitution, Article 1,
8 section 3, subdivision (b).
9 (F) Any marking of confidentiality or restricted access upon or otherwise made with
10 respect to any record or data that the College may provide to the County shall be
11 disregarded and have no effect on the County's right or duty to disclose to the public or
12 governmental agency any such record or data.
13 10.4 Public Records Act Requests. If the County receives a written or oral request
14 under the CPRA to publicly disclose any record that is in the College's possession or control,
15 and which the County has a right, under any provision of this Agreement or applicable law, to
16 possess or control, then the County may demand, in writing, that the College deliver to the
17 County, for purposes of public disclosure, the requested records that may be in the possession
18 or control of the College. Within five business days after the County's demand, the College shall
19 (a) deliver to the County all of the requested records that are in the College's possession or
20 control, together with a written statement that the College, after conducting a diligent search,
21 has produced all requested records that are in the College's possession or control, or (b)
22 provide to the County a written statement that the College, after conducting a diligent search,
23 does not possess or control any of the requested records. The College shall cooperate with the
24 County with respect to any County demand for such records. If the College wishes to assert that
25 any specific record or data is exempt from disclosure under the CPRA or other applicable law, it
26 must deliver the record or data to the County and assert the exemption by citation to specific
27 legal authority within the written statement that it provides to the County under this section. The
28 College's assertion of any exemption from disclosure is not binding on the County, but the
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1 County will give at least 10 days' advance written notice to the College before disclosing any
2 record subject to the College's assertion of exemption from disclosure. The College shall
3 indemnify the County for any court-ordered award of costs or attorney's fees under the CPRA
4 that results from the College's delay, claim of exemption, failure to produce any such records, or
5 failure to cooperate with the County with respect to any County demand for any such records.
6 Article 11
7 Disclosure of Self-Dealing Transactions
8 11.1 Applicability. This Article 11 applies if the College is operating as a corporation, or
9 changes its status to operate as a corporation.
10 11.2 Duty to Disclose. If any member of the College's board of directors is party to a self-
11 dealing transaction, he or she shall disclose the transaction by completing and signing a "Self-
12 Dealing Transaction Disclosure Form" (Exhibit B to this Agreement) and submitting it to the
13 County before commencing the transaction or immediately after.
14 11.3 Definition. "Self-dealing transaction" means a transaction to which the College is a
15 party and in which one or more of its directors, as an individual, has a material financial interest.
16 Article 12
17 General Terms
18 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
19 Agreement may not be modified, and no waiver is effective, except by written agreement signed
20 by both parties. The College acknowledges that County employees have no authority to modify
21 this Agreement except as expressly provided in this Agreement.
22 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
23 under this Agreement without the prior written consent of the other party.
24 12.3 Governing Law. The laws of the State of California govern all matters arising from
25 or related to this Agreement.
26 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
27 County, California. College consents to California jurisdiction for actions arising from or related
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1 to this Agreement, and, subject to the Government Claims Act, all such actions must be brought
2 and maintained in Fresno County.
3 12.5 Construction. The final form of this Agreement is the result of the parties' combined
4 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
5 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
6 against either party.
7 12.6 Days. Unless otherwise specified, "days" means calendar days.
8 12.7 Headings. The headings and section titles in this Agreement are for convenience
9 only and are not part of this Agreement.
10 12.8 Severability. If anything in this Agreement is found by a court of competent
11 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
12 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
13 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
14 intent.
15 12.9 Nondiscrimination. During the performance of this Agreement, the College shall not
16 unlawfully discriminate against any employee or applicant for employment, or recipient of
17 services, because of race, religious creed, color, national origin, ancestry, physical disability,
18 mental disability, medical condition, genetic information, marital status, sex, gender, gender
19 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
20 all applicable State of California and federal statutes and regulation.
21 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
22 of the College under this Agreement on any one or more occasions is not a waiver of
23 performance of any continuing or other obligation of the College and does not prohibit
24 enforcement by the County of any obligation on any other occasion.
25 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
26 between the College and the County with respect to the subject matter of this Agreement, and it
27 supersedes all previous negotiations, proposals, commitments, writings, advertisements,
28 publications, and understandings of any nature unless those things are expressly included in
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1 this Agreement. If there is any inconsistency between the terms of this Agreement without its
2 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
3 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
4 exhibits.
5 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
6 create any rights or obligations for any person or entity except for the parties.
7 12.13 Authorized Signature. The College represents and warrants to the County that:
8 (A) The College is duly authorized and empowered to sign and perform its
9 obligations under this Agreement.
10 (B) The individual signing this Agreement on behalf of the College is duly authorized
11 to do so and his or her signature on this Agreement legally binds the College to the
12 terms of this Agreement.
13 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by
14 electronic signature as provided in this section.
15 (A) An "electronic signature" means any symbol or process intended by an individual
16 signing this Agreement to represent their signature, including but not limited to (1) a
17 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
18 electronically scanned and transmitted (for example by PDF document) version of an
19 original handwritten signature.
20 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
21 equivalent to a valid original handwritten signature of the person signing this Agreement
22 for all purposes, including but not limited to evidentiary proof in any administrative or
23 judicial proceeding, and (2) has the same force and effect as the valid original
24 handwritten signature of that person.
25 (C)The provisions of this section satisfy the requirements of Civil Code section
26 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
27 Part 2, Title 2.5, beginning with section 1633.1).
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1 (D) Each party using a digital signature represents that it has undertaken and
2 satisfied the requirements of Government Code section 16.5, subdivision (a),
3 paragraphs (1) through (5), and agrees that each other party may rely upon that
4 representation.
5 (E) This Agreement is not conditioned upon the parties conducting the transactions
6 under it by electronic means and either party may sign this Agreement with an original
7 handwritten signature.
8 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
9 original, and all of which together constitute this Agreement.
10 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
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State Center Community College District COUNTY OF FRESNO
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5 r. David�ElF ttal, Vice Chancellor, Finance than Magsig, Chairman of the Board of
&6 Administration Supervisors of the County of Fresno
1171 Fulton Street Attest:
7 Fresno, CA 93721 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
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By:
1 Ueputy
11 For accounting use only:
12 Org No.: 56304756
Account No.: 7295
13 Fund No.: 0001
Subclass No.: 10000
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Exhibit A
1 College's Scope of Services
2 A.1 County's DBH Director, or designee, shall have sole authority as to how many
3 placements for internships shall be made available to College during each term of this
4 Agreement.
5 A.2 College recognizes that the clinical and field education programs conducted pursuant
6 to the terms and conditions of this Agreement are educational programs of College and not of
7 County, and that students participating in College's programs shall at all times be under the
8 exclusive jurisdiction of College.
9 A.3 College shall designate students enrolled in the various educational training
10 programs of College to be assigned for clinical and field experience at County facilities, in such
11 numbers to be mutually agreed upon by both County and College.
12 A.4 College shall establish a rotational plan for the learning experience available at
13 County facilities and shall schedule the students I conformity with the calendar of College's
14 academic year and with the curriculum of the educational programs of College; provided,
15 however, that the specific County patient care areas to be utilized by College shall be selected
16 subsequently by the mutual agreement between County's DBH Director, or designee, and
17 College's chairperson(s) or duly authorized representative(s) of the various
18 departments/programs listed in the Recitals section herein above.
19 A.5 College shall supervisor all instruction of the clinical and field experience given at
20 County facilities to assigned students and shall provide the necessary instructors for educational
21 training programs provided for under this Agreement.
22 A.6 College shall keep all attendance and academic records of students participating in
23 the clinical and field experience programs provided for under this Agreement.
24 A.7 College shall certify to County at the time each student first reports to County
25 facilities to participate in the clinical and field educational program, that the student shall be
26 enrolled with College's available health plan for students.
27 A.8 College shall ensure students act professionally and appropriately while at County
28 facilities.
A-1
Exhibit A
1 A.9 College shall require every student to confirm to all applicable County policies,
2 procedures, regulations, and all requirements and restrictions specified jointly by
3 representatives of College and County.
4 A.10 College shall require its instructors to notify County's DBH Director or designee, as
5 appropriate in advance of student placement regarding:
6 (A) Locations, dates, times, and the number of hours or changes thereof, regarding
7 student availability for clinical or field assignment; and
8 (B) Any change in the placement of students in clinical and field assignments.
9 A.11 College shall, in consultation and coordination with County's DBH Director, or
10 designee, arrange for periodic conferences between appropriate representatives of College and
11 County to evaluate the clinical and field experience programs provided under this Agreement.
12 A.12 College shall provide and be responsible for the use and control of its educational
13 supplies, materials, and equipment used for instruction during the clinical and field experience
14 programs.
15 A.13 College shall distribute to each student a statement which explains the hazards of
16 drug abuse in their profession.
17 A.14 College shall provide for an introductory orientation of students assigned to County
18 facilities, which shall provide an overview of the clinical and field assignment(s) and the terms
19 and conditions of student placement at County facilities.
20 A.15 College agrees that special reports, projects, theses, and/or publications based upon
21 studies and research arising out of the cooperative education experience permitted by this
22 Agreement, shall be reviewed and approved prior to release through the committee responsible
23 for planning the course and then with County's DBH Director, or designee, as appropriate, for
24 approval by means of such procedures as County shall designate. Approval of reports by
25 College's planning committee and County's DBH shall not be unreasonably withheld.
26 A.16 College agrees to complete an evaluation of each student at least once during a
27 specific program period.
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A-2
Exhibit A
1 A.17 College shall allow County program managers and other designated personnel to
2 attend meetings of College's faculty, or any committee thereof, to coordinate the clinical and
3 field experience programs provided under this Agreement and to designate lines of authority
4 and community for coordination of relations between County personnel and College instructors.
5 A.18 College's employees, agents, and students shall abide by the provisions of State of
6 California law relating to confidentiality of medical records, further described in Exhibit D of this
7 Agreement, and any person knowingly and intentionally violating the provisions of State of
8 California law may be guilty of a misdemeanor.
9 A.19 College's employees, agents, and students shall be issued County identification
10 badges which must be worn only at County facilities while participating in the clinical and field
11 experience programs, pursuant to the terms and conditions of this Agreement.
12 A.20 College will ensure each participating student referred for program has adequate
13 transportation. Students will not be permitted to operate County vehicles to perform activities
14 related to this Agreement.
15 A.21 College's students shall purchase food or bring food with them; no special
16 arrangements for food will be made.
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A-3
Exhibit B
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions
that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest."
The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
B-1
Exhibit B
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date:
B-2
Exhibit C
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the College or any third parties,
College, at its sole expense, shall maintain in full force and effect the following insurance
policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The College shall obtain an endorsement to this
policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the College's policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million
Dollars ($3,000,000). If this is a claims-made policy, then (1)the retroactive date must
be prior to the date on which services began under this Agreement; (2)the College shall
maintain the policy and provide to the County annual evidence of insurance for not less
than five years after completion of services under this Agreement; and (3) if the policy is
canceled or not renewed, and not replaced with another claims-made policy with a
retroactive date prior to the date on which services begin under this Agreement, then the
College shall purchase extended reporting coverage on its claims-made policy for a
minimum of five years after completion of services under this Agreement.
a. College shall ensure that each student who participates in County's "covered
functions" (as defined by HIPAA regulations at 45 C.F.R. §164.501) procures and
maintains in force during the term of this Agreement, at the student's sole cost
and expense, Professional Liability Insurance in amounts reasonably necessary
to protect the student against liability arising form any and all negligent acts or
incidents caused by the student. Coverage under such professional liability
insurance shall not be less than One Million Dollars ($1,000,000) per occurrence,
Three Million Dollars ($3,000,000) annual aggregate. This policy shall include
Limited General Liability coverage for sexual harassment and abuse, standards
C-1
Exhibit C
of care, property damage, bodily injury, and personal injury within the stated
limits.
(F) Molestation Liability. Sexual abuse / molestation liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
(G)Cyber Liability. Cyber liability insurance with limits of not less than Two Million Dollars
($2,000,000) per occurrence. Coverage must include claims involving Cyber Risks. The
cyber liability policy must be endorsed to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited to
information or data) that is in the care, custody, or control of the Contractor.
Definition of Cyber Risks. "Cyber Risks" include but are not limited to (i) Security
Breach, which may include Disclosure of Personal Information to an Unauthorized Third
Party; (ii) data breach; (iii) breach of any of the Contractor's obligations under [identify
the Article, section, or exhibit containing data security obligations] of this Agreement; (iv)
system failure; (v) data recovery; (vi) failure to timely disclose data breach or Security
Breach; (vii)failure to comply with privacy policy; (viii) payment card liabilities and costs;
(ix) infringement of intellectual property, including but not limited to infringement of
copyright, trademark, and trade dress; (x) invasion of privacy, including release of
private information; (xi) information theft; (xii) damage to or destruction or alteration of
electronic information; (xiii) cyber extortion; (xiv) extortion related to the Contractor's
obligations under this Agreement regarding electronic information, including Personal
Information; (xv) fraudulent instruction; (xvi)funds transfer fraud; (xvii) telephone fraud;
(xviii) network security; (xix) data breach response costs, including Security Breach
response costs; (xx) regulatory fines and penalties related to the Contractor's obligations
under this Agreement regarding electronic information, including Personal Information;
and (xxi) credit monitoring expenses.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the College signs this Agreement, and at
any time during the term of this Agreement as requested by the County's Risk Manager
or the County Administrative Office, the College shall deliver, or cause its broker or
producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor,
Fresno, California 93721, or HRRiskManagement@fresnocountyca.gov, and by mail or
email to the person identified to receive notices under this Agreement, certificates of
insurance and endorsements for all of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
College has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
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Exhibit C
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
College's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the College shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the College shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the College shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the College or its insurer to timely provide a written notice required by this
paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the College has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the College shall deliver, or cause its broker or producer to
deliver, to the County's Risk Manager certificates of insurance and endorsements for all
of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The College waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The College is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the College's waiver of subrogation under this paragraph is effective whether
or not the College obtains such an endorsement.
(F) County's Remedy for College's Failure to Maintain. If the College fails to keep in
effect at all times any insurance coverage required under this Agreement, the County
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Exhibit C
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the College. The County may offset such
charges against any amounts owed by the County to the College under this Agreement.
(G)Subcontractors. The College shall require and verify that all subcontractors used by
the College to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the College to provide services under this Agreement using subcontractors.
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Exhibit D
Health Insurance Portability and Accountability Act (HIPAA)
1. The County is a "Covered Entity," and the College is a "Business
Associate," as these terms are defined by 45 CFR 160.103. In connection with providing services
under the Agreement, the parties anticipate that the College will create and/or receive Protected
Health Information ("PHI")from or on behalf of the County. The parties enter into this Business
Associate Agreement (BAA)to comply with the Business Associate requirements of HIPAA, to
govern the use and disclosures of PHI under this Agreement. "HIPAA Rules" shall mean the
Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Parts 160 and 164.
The parties to this Agreement shall be in strict conformance with all applicable
federal and State of California laws and regulations, including, but not limited to California Welfare
and Institutions Code sections 5328, 10850, and 14100.2 et seq.; 42 CFR 2; 42 CFR 431;
California Civil Code section 56 et seq.; the Health Insurance Portability and Accountability Act of
1996, as amended ("HIPAX), including, but not limited to, 45 CFR Parts160, 45 CFR 162, and 45
CFR 164; the Health Information Technology for Economic and Clinical Health Act ("HITECH")
regarding the confidentiality and security of patient information, including, but not limited to 42 USC
17901 et seq.; and the Genetic Information Nondiscrimination Act ("GINA") of 2008 regarding the
confidentiality of genetic information.
Except as otherwise provided in this Agreement, the College, as a business
associate of the County, may use or disclose Protected Health Information ("PHI") to perform
functions, activities or services for or on behalf of the County, as specified in this Agreement,
provided that such use or disclosure shall not violate HIPAA Rules. The uses and disclosures of
PHI may not be more expansive than those applicable to the County, as the "Covered Entity"
under the HIPAA Rules, except as authorized for management, administrative or legal
responsibilities of the College.
2. The College, including its subcontractors, students, and employees, shall
protect from unauthorized access, use, or disclosure of names and other identifying information,
including genetic information, concerning persons receiving services pursuant to this Agreement,
except where permitted in order to carry out data aggregation purposes for health care operations
D-1
Exhibit D
[45 CFR §§ 164.504(e)(2)(i), 164.504(e)(2)(ii)(A), and 164.504(e)(4)(i)]. This pertains to any and all
persons receiving services pursuant to a County-funded program. This requirement applies to
electronic PHI. The College shall not use such identifying information or genetic information for
any purpose other than carrying out the College's obligations under this Agreement.
3. The College, including its subcontractors, students, and employees, shall
not disclose any such identifying information or genetic information to any person or entity, except
as otherwise specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164
or other law, required by the Secretary of the United States Department of Health and Human
Services ("Secretary"), or authorized by the client/patient in writing. In using or disclosing PHI that
is permitted by this Agreement or authorized by law, the College shall make reasonable efforts to
limit PHI to the minimum necessary to accomplish intended purpose of use, disclosure or request.
4. For purposes of the above sections, identifying information shall include, but
not be limited to, name, identifying number, symbol, or other identifying particular assigned to the
individual, such as fingerprint or voiceprint, or photograph.
5. For purposes of the above sections, genetic information shall include
genetic tests of family members of an individual or individual(s), manifestation of disease or
disorder of family members of an individual, or any request for or receipt of genetic services by
individual or family members. Family member means a dependent or any person who is first,
second, third, or fourth degree relative.
6. The College shall provide access, at the request of the County, and in the
time and manner designated by the County, to PHI in a designated record set(as defined in 45
CFR § 164.501), to an individual or to COUNTY in order to meet the requirements of 45 CFR§
164.524 regarding access by individuals to their PHI. With respect to individual requests, access
shall be provided within thirty (30) days from request. Access may be extended if the College
cannot provide access and provides the individual with the reasons for the delay and the date
when access may be granted. PHI shall be provided in the form and format requested by the
individual or the County.
The College shall make any amendment(s) to PHI in a designated record set at
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Exhibit D
the request of the County or individual, and in the time and manner designated by the County in
accordance with 45 CFR § 164.526.
The College shall provide to the County or to an individual, in a time and manner
designated by the County, information collected in accordance with 45 CFR § 164.528, to permit
the County to respond to a request by the individual for an accounting of disclosures of PHI in
accordance with 45 CFR § 164.528.
7. The College shall report to the County, in writing, any knowledge or reasonable
belief that there has been unauthorized access, viewing, use, disclosure, security incident, or
breach of unsecured PHI not permitted by this Agreement of which the College becomes aware,
immediately and without reasonable delay and in no case later than two (2) business days of
discovery. Immediate notification shall be made to the County's Information Security Officer
and Privacy Officer and the County's Department of Public Health ("DPH") HIPAA
Representative, within two (2) business days of discovery. The notification shall include, to the
extent possible, the identification of each individual whose unsecured PHI has been, or is
reasonably believed to have been, accessed, acquired, used, disclosed, or breached. The
College shall take prompt corrective action to cure any deficiencies and any action pertaining to
such unauthorized disclosure required by applicable federal and State laws and regulations.
The College shall investigate such breach and is responsible for all notifications required by law
and regulation or deemed necessary by the County and shall provide a written report of the
investigation and reporting required to the County's Information Security Officer and Privacy
Officer and the County's DPH HIPAA Representative.
This written investigation and description of any reporting necessary shall be
postmarked within the thirty (30) working days of the discovery of the breach to the addresses
below:
County of Fresno County of Fresno County of Fresno
Dept. of Behavioral Health Dept. of Public Health Dept. of Internal Services
HIPAA Representative Privacy Officer Information Security Officer
(559) 600-6798 (559) 600-6405 (559) 600-5800
1925 E. Dakota Ave P.O. Box 11867 2048 North Fine Street
Fresno, California 93726 Fresno, California 93775 Fresno, California 93727
8. The College shall make its internal practices, books, and records relating to the
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Exhibit D
use and disclosure of PHI received from the county, or created or received by the College on
behalf of the County, in compliance with Parts the HIPAA Rules. The College shall make its
internal practices, books, and records relating to the use and disclosure of PHI received from
the County, or created or received by the College on behalf of the County, available to the
Secretary upon demand.
The College shall cooperate with the compliance and investigation reviews
conducted by the Secretary. PHI access to the Secretary must be provided during the College's
normal business hours; however, upon exigent circumstances access at any time must be
granted. Upon the Secretary's compliance or investigation review, if PHI is unavailable to the
College and in possession of a subcontractor of the College, the College must certify to the
Secretary its efforts to obtain the information from the subcontractor.
9. Safeguards
The College shall implement administrative, physical, and technical safeguards
as required by the HIPAA Security Rule, Subpart C of 45 CFR Part 164, that reasonably and
appropriately protect the confidentiality, integrity, and availability of PHI, including electronic
PHI, that it creates, receives, maintains or transmits on behalf of the County and to prevent
unauthorized access, viewing, use, disclosure, or breach of PHI other than as provided for by
this Agreement. The College shall conduct an accurate and thorough assessment of the
potential risks and vulnerabilities to the confidentiality, integrity and availability of electronic PHI.
The College shall develop and maintain a written information privacy and security program that
includes administrative, technical and physical safeguards appropriate to the size and
complexity of the College's operations and the nature and scope of its activities. Upon the
County's request, the College shall provide the County with information concerning such
safeguards.
The College shall implement strong access controls and other security
safeguards and precautions in order to restrict logical and physical access to confidential,
personal (e.g., PHI) or sensitive data to authorized users only. Said safeguards and
precautions shall include the following administrative and technical password controls for all
D-4
Exhibit D
systems used to process or store confidential, personal, or sensitive data:
A. Passwords must not be:
(1) Shared or written down where they are accessible or recognizable by anyone
else; such as taped to computer screens, stored under keyboards, or visible
in a work area;
(2) A dictionary word; or
(3) Stored in clear text
B. Passwords must be:
(1) Eight (8) characters or more in length;
(2) Changed every ninety (90) days;
(3) Changed immediately if revealed or compromised; and
(4) Composed of characters from at least three (3) of the following four (4)
groups from the standard keyboard:
a) Upper case letters (A-Z);
b) Lowercase letters (a-z);
c) Arabic numerals (0 through 9); and
d) Non-alphanumeric characters (punctuation symbols).
The College shall implement the following security controls on each workstation
or portable computing device (e.g., laptop computer) containing confidential, personal, or
sensitive data:
1. Network-based firewall and/or personal firewall;
2. Continuously updated anti-virus software; and
3. Patch management process including installation of all operating system/software
vendor security patches.
The College shall utilize a commercial encryption solution that has received FIPS
140-2 validation to encrypt all confidential, personal, or sensitive data stored on portable
electronic media (including, but not limited to, compact disks and thumb drives) and on portable
computing devices (including, but not limited to, laptop and notebook computers).
D-5
Exhibit D
The College shall not transmit confidential, personal, or sensitive data via e-mail
or other internet transport protocol unless the data is encrypted by a solution that has been
validated by the National Institute of Standards and Technology (NIST) as conforming to the
Advanced Encryption Standard (AES) Algorithm. The College must apply appropriate sanctions
against its employees who fail to comply with these safeguards. The College must adopt
procedures for terminating access to PHI when employment of employee ends.
10. Mitigation of Harmful Effects
The College shall mitigate, to the extent practicable, any harmful effect that is
suspected or known to the College of an unauthorized access, viewing, use, disclosure, or
breach of PHI by the College or its subcontractors in violation of the requirements of these
provisions. The College must document suspected or known harmful effects and the outcome.
11. The College's Subcontractors
The College shall ensure that any of its contractors, including subcontractors, if
applicable, to whom the Contractor provides PHI received from or created or received by the
College on behalf of the County, agree to the same restrictions, safeguards, and conditions that
apply to the College with respect to such PHI and to incorporate, when applicable, the relevant
provisions of these provisions into each subcontract or sub-award to such agents or
subcontractors.
Nothing in this section 11 or this BAA authorizes the College to perform services
under this Agreement using subcontractors.
12. Employee Training and Discipline
The College shall train and use reasonable measures to ensure compliance with
the requirements of these provisions by employees who assist in the performance of functions
or activities on behalf of the County under this Agreement and use or disclose PHI, and
discipline such employees who intentionally violate any provisions of these provisions, which
may include termination of employment.
13. Termination for Cause
Upon the County's knowledge of a material breach of these provisions by the
D-6
Exhibit D
College, the County will either:
A. Provide an opportunity for the College to cure the breach or end the
violation, and the County may terminate this Agreement if the College does not cure the breach
or end the violation within the time specified by the County; or
B. Immediately terminate this Agreement if the College has breached a
material term of this BAA and cure is not possible, as determined by the County.
C. If neither cure nor termination is feasible, the County's Privacy Officer will
report the violation to the Secretary of the U.S. Department of Health and Human Services.
14. Judicial or Administrative Proceedings
The County may terminate this Agreement if: (1) the College is found guilty in a
criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or
(2) there is a finding or stipulation in an administrative or civil proceeding in which the College is
a party that the College has violated a privacy or security standard or requirement of the
HITECH Act, HIPAA or other security or privacy laws.
15. Effect of Termination
Upon termination or expiration of this Agreement for any reason, the College
shall return or destroy all PHI received from the County (or created or received by the College
on behalf of the County)that the College still maintains in any form, and shall retain no copies of
such PHI. If return or destruction of PHI is not feasible, the College shall continue to extend the
protections of these provisions to such information, and limit further use of such PHI to those
purposes that make the return or destruction of such PHI infeasible. This provision applies to
PHI that is in the possession of subcontractors or agents, if applicable, of the College. If the
College destroys the PHI data, a certification of date and time of destruction shall be provided to
the County by the College.
16. Compliance with Other Laws
To the extent that other state and/or federal laws provide additional, stricter
and/or more protective privacy and/or security protections to PHI or other confidential
information covered under this BAA, the College agrees to comply with the more protective of
D-7
Exhibit D
the privacy and security standards set forth in the applicable state or federal laws to the extent
such standards provide a greater degree of protection and security than HIPAA Rules or are
otherwise more favorable to the individual.
17. Disclaimer
The County makes no warranty or representation that compliance by the College
with these provisions, the HITECH Act, or the HIPAA Rules, will be adequate or satisfactory for
the College's own purposes or that any information in the College's possession or control, or
transmitted or received by the College, is or will be secure from unauthorized access, viewing,
use, disclosure, or breach. The College is solely responsible for all decisions made by the
College regarding the safeguarding of PHI.
18. Amendment
The parties acknowledge that Federal and State laws relating to electronic data
security and privacy are rapidly evolving and that amendment of this BAA may be required to
provide for procedures to ensure compliance with such developments. The parties specifically
agree to take such action as is necessary to amend this agreement in order to implement the
standards and requirements of the HIPAA Rules, the HITECH Act and other applicable laws
relating to the security or privacy of PHI. The County may terminate this Agreement upon thirty
(30) days written notice in the event that the College does not enter into an amendment
providing assurances regarding the safeguarding of PHI that the County in its sole discretion,
deems sufficient to satisfy the standards and requirements of the HIPAA Rules, and the
HITECH Act.
19. No Third-Party Beneficiaries
Nothing expressed or implied in the provisions of this BAA is intended to confer,
and nothing in this BAA does confer, upon any person other than the County or the College and
their respective successors or assignees, any rights, remedies, obligations or liabilities
whatsoever.
20. Interpretation
The provisions of this BAA shall be interpreted as broadly as necessary to
D-8
Exhibit D
implement and comply with the HIPAA Rules, and applicable State laws. The parties agree that
any ambiguity in the terms and conditions of these provisions shall be resolved in favor of a
meaning that complies and is consistent with the HIPAA Rules.
21. Regulatory References
A reference in the terms and conditions of these provisions to a section in the
HIPAA Rules means the section as in effect or as amended.
22. Survival
The respective rights and obligations of the College as stated in this BAA survive
the termination or expiration of this Agreement.
23. No Waiver of Obligation
Change, waiver or discharge by the County of any liability or obligation of the
College under this BAA on any one or more occasions is not a waiver of performance of any
continuing or other obligation of the College and does not prohibit enforcement by the County of
any obligation on any other occasion.
D-9
Exhibit E
Data Security
For the purpose of preventing the potential loss, misappropriation or inadvertent access,
viewing, use or disclose of County data including sensitive or personal client information; abuse
of County resource; and/or disruption to County operations, individuals and/or agencies that
enter into a contractual relationship with the County for the purpose of providing services under
this Agreement must employ adequate data security measures to protect the confidential
information provided to College by the County, including but not limited to the following:
A. College-Owned Mobile, Wireless, or Handheld Devices
College may not connect to County networks via personally-owned mobile,
wireless, or handheld devices, unless the following conditions are met:
a. College has received authorization by County for telecommuting
purposes;
b. Current virus protection software is in place;
c. Mobile device has the remote wipe feature enabled; and
d. A secure connection is used.
B. College-owned Computer or Computer Peripherals
College may not bring College-owned computer or computer peripherals into the
County for use without prior authorization from the County's Chief Information
Officer, and/or designee(s), including but not limited to mobile storage devices. If
data is approved to be transferred, data must be stored on a secure sever
approved by the County and transferred by means of a Virtual Private Network
(VPN) connection, or another type or secure connection. Said data must be
encrypted.
C. County-owned Computer Equipment
College, including its subcontractors and employees, may not use County
computer or computer peripherals on non-County premises without prior
authorization from the County's Chief Information Officer, and/or designee(s).
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Exhibit E
D. College 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. College shall be responsible to employ strict controls to ensure the integrity and
security of County's confidential information and to prevent unauthorized access,
viewing, use or disclosure of data maintained in computer files, program
documentation, data processing systems, data files, and data processing
equipment which stores or processes County data internally and externally.
F. Confidential client information transmitted to one party by the other means of
electronic transmissions must be encrypted according to Advanced Encryption
Standards (AES) of 128 BIT or higher. Additionally, a password or pass phrase
must be utilized.
G. College is responsible to immediately notify County of any violations, breaches,
or potential breaches of security related to County's confidential information, data
maintained in computer files, program documentation, data processing systems,
data files, and data processing equipment which stores or processing County
data internally or externally.
H. County shall provide oversight to College's response to all incidents arising from
a possible breach of security related to County's confidential client information
provided to College. College will be responsible to issue any notification to
affected individuals as required by law or as deemed necessary by County in its
sole discretion. College will be responsible for all costs incurred as a result of
providing the required notification.
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