HomeMy WebLinkAboutFresno Building Healthy Communities-COVID-19 Equity Project_D-20-524.pdf
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A G R E E M E N T
THIS AGREEMENT is made and entered into this 28 day of December, 2020, by and between
the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
"COUNTY", and Fresno Building Healthy Communities (Fresno BHC), a California non-profit organization
whose address is 367 N. First St. Fresno, CA 93702, hereinafter referred to as "CONTRACTOR".
W I T N E S S E T H:
WHEREAS, COUNTY, through its Department of Public Health, is in need of community health
outreach and support services related to the COVID-19 pandemic to address the needs of COUNTY’s
vulnerable populations including immigrants and refugees, agricultural and food process workers, other
essential workers and people of color; and;
WHEREAS, COUNTY, is in need of widespread community messaging through trusted community
leaders to enable and improve voluntary compliance to contain the spread of COVID-19 especially among
high risk residents who face challenges to testing, isolation, sheltering in place and other containment and
mitigation measures, and;
WHEREAS, CONTRACTOR, has submitted a comprehensive, equity-focused proposal to
COUNTY to improve the COUNTY’s ability to effectively respond to the pandemic, remove challenges, and
better cope with the barriers and address the specific needs of this population group; and
WHEREAS, CONTRACTOR, has the ability to execute and oversee subcontracts with multiple local
community benefit organizations skilled in the provision of such services and possessing unique community
ties to vulnerable population groups to advance health equity throughout the pandemic; and
WHEREAS, CONTRACTOR, has been performing services since August 2020 as a subcontracted
lead agency with Fresno Economic Opportunities Commission (Fresno EOC), a California non-profit public
benefit organization. In accordance to terms and conditions stipulated in COUNTY’s Agreement D-20-316
with Fresno EOC to provide fiscal stewardship to CONTRACTOR, Fresno EOC has recommended that
CONTRACTOR has met all the contractual requirements and has performed satisfactorily. Fresno County
Department of Public Health (FCDPH) has provided oversight of operations and ensured full
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implementation of all scopes of work detailed in Agreement D-20-316, and acknowledges that
CONTRACTOR is an integral part of the success of the COVID Equity Project thus far with the other two
coalitions contracted with the COUNTY. Based on the performance of CONTRACTOR, FCDPH
recommends the proposed Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, including the above recitals which are incorporated into and are a part of this Agreement, the
parties hereto agree as follows:
1. OBLIGATIONS OF THE CONTRACTOR
A. CONTRACTOR shall perform all services and fulfill all responsibilities identified in
Exhibit A, attached hereto and by this reference incorporated herein.
B. CONTRACTOR shall abide by local and state pandemic guidelines in place at any
given time during the pandemic response and shall make every reasonable effort to follow safe and
appropriate public health protection measures to minimize risk of exposure.
C. CONTRACTOR shall collaborate on media communications and public messages
to ensure cohesive, unified messaging. CONTRACTOR shall notify COUNTY within one (1) business
day upon receiving media requests for interviews or information.
D. CONTRACTOR shall require its subcontractors pursuant to this Agreement to
indemnify the COUNTY as set forth in the first paragraph of section nine (9); to carry insurance, naming
the County of Fresno as additional insured, as set forth in section ten (10) of this Agreement; to comply
with the invoicing and documentation provisions, as set forth in section five (5) of this Agreement; to pay
back to COUNTY advance payments deemed in excess of actual costs, as determined by the COUNTY;
to comply with the Audits and Inspections provisions, as set forth in section thirteen (13) of this
Agreement; to comply with the Single Audit Clause provisions, as set forth in section fourteen (14) of
this Agreement, to comply with the Health Insurance Portability and Accountability Act provisions, as set
forth in section fifteen (15) of this Agreement; to comply with the Data Security provisions, as set forth in
section sixteen (16) of this Agreement; to comply with the Non-Discrimination provisions, as set forth in
section seventeen (17) of this Agreement; and to comply with the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions provisions, the
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Property of County provisions, the Prohibition on Publicity, the Conflict of Interest provisions, and
Lobbying Activity provisions, as set forth in sections nineteen (19), twenty (20), twenty-one (21), twenty-
two (22), and twenty-four (24) of this Agreement.
2. OBLIGATIONS OF THE COUNTY
A. COUNTY shall provide guidance and assistance in the determination and
implementation of safe and appropriate public health practices during the pandemic, such as physical
distancing, hand hygiene, facial coverings, disinfection and other prevention and control measures.
B. COUNTY shall collaborate on media communications and public messages to
ensure cohesive, unified messaging.
C. COUNTY shall review and approve all media, education materials, surveys and
assessment tools developed for use among the public. All data collected or developed during the
performance of this Agreement shall be owned by COUNTY, however CONTRACTOR may retain
copies of all data. COUNTY shall review and approve publications of data prior to public release to
ensure data integrity and confidentiality.
3. TERM
The term of this Agreement shall be effective December 31, 2020 through June 30, 2021. This
Agreement may be extended an additional six (6) month period upon written approval of both parties no
later than thirty (30) days prior to the first day of the next six (6) month extension period. The Director or his
or her designee is authorized to execute such written approval on behalf of COUNTY based on
CONTRACTOR’S satisfactory performance.
4. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice. Funding for
these services is provided by one or more of the following funding sources: the federal Coronavirus Aid,
Relief and Economic Security (CARES) Act funding (CDFA 21.019), Federal Emergency Management
Agency (FEMA) Disaster Grants—Public Assistance Funding (CDFA 97.036), and/or other funding made
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available through legislation. Additional federal, state or local funding may be made available.
B. Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to the COUNTY;
4) Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
The COUNTY shall have the right to demand of the CONTRACTOR and CONTRACTOR shall repay to the
COUNTY any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the
COUNTY were not expended in accordance with the terms of this Agreement.
C. Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY or CONTRACTOR upon the giving of thirty (30) days
advance written notice of an intention to terminate to the other party. In such an event, COUNTY shall
pay CONTRACTOR all outstanding invoices for services provided as of the effective date of termination.
5. COMPENSATION/INVOICING:
A. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation at the rates as identified in Exhibit B, attached hereto and incorporated herein by this
reference. CONTRACTOR shall submit monthly invoices by the thirtieth (30th) working day of each
month for the prior month’s services using a template to be provided by COUNTY with full appropriate
supporting documentation (e.g., activity logs, receipts, invoices) to the County of Fresno, Department of
Public Health, COVID Response, P.O. Box 11867, Fresno, CA 93775, Attention: Community Outreach
Program Manager.
B. In no event shall services performed under this Agreement by CONTRACTOR be
in excess of $2,923,920 (Two Million Nine Hundred Twenty-Three Thousand Nine Hundred and Twenty
Dollars) during the term of this Agreement. It is understood that all expenses incidental to
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CONTRACTOR, performance of services under this Agreement shall be borne by CONTRACTOR.
C. CONTRACTOR may request an advance payment of up to 25% of the maximum
compensation. CONTRACTOR shall reconcile the advance payment with full, appropriate supporting
documentation for all expenses incurred. The Director or his or her designee may make a determination
of an appropriate date of reconciling the remaining advance payment funds.
D. CONTRACTOR shall submit activity reports on a template to be provided by
COUNTY in accordance with the scope of work attached hereto Exhibit A, by the twentieth (20th)
working day of each month for the prior month’s services.
E. Notwithstanding the above, payments made by COUNTY shall be in arrears, for
services provided during the preceding month, within forty-five (45) days after receipt and verification of
CONTRACTOR’S invoices by COUNTY’s Department of Public Health. Invoice verification shall consist
of: review of supporting documentation for all expenditures, which may include but not be limited to
timesheets, receipts, mileage records, quarantine support records, and subcontractor invoices including
all like supporting documentation; documentation is compliant with Section 12 of this Agreement; line
item totals detailed in Exhibit B attached hereto have not been over-expended; indirect costs have been
correctly calculated; and the required invoice template has been submitted.
6. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
CONTRACTOR, including any and all of the CONTRACTOR’S officers, agents, and employees will at all
times be acting and performing as an independent contractor, and shall act in an independent capacity
and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY.
Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by
which CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to
administer this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance
with the terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
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to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
and responsible for providing to, or on behalf of, their employees all legally-required employee benefits. In
addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
to payment of CONTRACTOR’S employees, including compliance with Social Security withholding and all
other regulations governing such matters. It is acknowledged that during the term of this Agreement,
CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
7. MODIFICATION: Any matters of this Agreement may be modified from time to time by the
written consent of all the parties without, in any way, affecting the remainder.
Notwithstanding the above, changes to line items in the budget, attached hereto as Exhibit B, that
do not exceed ten percent (10%) of the maximum compensation payable to CONTRACTOR may be made
with written approval of COUNTY’s Department of Public Health Director or designee. Said budget line item
changes shall not result in any change to the maximum compensation amount payable to CONTRACTOR,
as stated herein.
8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor
their rights or duties under this Agreement without the prior written consent of the other party.
Notwithstanding the foregoing, COUNTY hereby consents to CONTRACTOR subcontracting with any of
the entities identified in Exhibit A. The Department of Public Health Director or designee may consent to
CONTRACTOR subcontracting with additional entities.
9. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or
resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person,
firm, or corporation who may be injured or damaged by the performance, or failure to perform, of
CONTRACTOR, its officers, agents, or employees under this Agreement.
10. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from
CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force
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and effect, the following insurance policies or a program of self-insurance, including but not limited to,
an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the
Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
used in connection with this Agreement.
C. Professional Liability
If a CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
providing services, Professional Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor Code.
E. Molestation
Sexual abuse/molestation liability insurance with limits of not less than One Million Dollars
($1,000,000.00) per occurrence. Two Million Dollars ($2,000,000.00) annual aggregate. This policy shall
be issued on a per occurrence basis.
Additional Requirements Relating to Insurance
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
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by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
provided under CONTRACTOR’S policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under
this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR sign and execute this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O. Box
11867, Fresno, CA 93775, Attention: Contracts Section – 6th Floor, stating that such insurance coverage
have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will
not be responsible for any premiums on the policies; that such Commercial General Liability insurance
names the County of Fresno, its officers, agents and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned; that such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance
provided under CONTRACTOR’S policies herein; and that this insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance, written notice given to COUNTY.
In the event CONTRACTOR fail to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of California,
and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
FSC VII or better.
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11. STATE ENERGY CONSERVATION: CONTRACTOR must comply with the mandatory
standard and policies relating to energy efficiency, which are contained in the State Energy
Conservation Plan issued in compliance with 42 United States (US) Code sections 6321, et. seq.
12. CLEAN AIR AND WATER: In the event the funding under this Agreement exceeds One
Hundred Thousand and No/100 Dollars ($100,000), CONTRACTOR shall comply with all applicable
standards, orders or requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et
seq; the Clean Water Act contained in U.S. Code 1368 et seq.; and any standards, laws and
regulations, promulgated thereunder. Under these laws and regulations, CONTRACTOR shall assure:
A. No facility shall be utilized in the performance of the Agreement that has been
listed on the Environmental Protection Agency (EPA) list of Violating on the Facilities;
B. COUNTY shall be notified prior to execution of this Agreement of the receipt of
any communication from the Director, Office of Federal Activities, U.S. EPA
indicating that a facility to be utilized in the performance of this Agreement is under consideration to be
listed on the EPA list of Violating Facilities;
C. COUNTY and U.S. EPA shall be notified about any known violation of the above
laws and regulations; and,
D. This assurance shall be included in every nonexempt subgrant, contract, or
subcontract.
13. AUDITS AND INSPECTIONS:
A. The CONTRACTOR shall at any time during business hours, and as often as the
COUNTY may deem necessary, make available to the COUNTY for examination all of its records and
data with respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by
the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to
ensure CONTRACTOR’S compliance with the terms of this Agreement.
B. If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR
shall be subject to the examination and audit of the Auditor General for a period of three (3) years after
final payment under contract (Government Code Section 8546.7).
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14. SINGLE AUDIT CLAUSE:
A. If CONTRACTOR expends Seven Hundred Fifty Thousand Dollars ($750,000) or
more Federal and Federal flow-through monies, CONTRACTOR agrees to conduct an annual audit in
accordance with the requirements of the Single Audit Standards as set forth in Office of Management
and Budget (OMB) Title 2 of the Code of Federal Regulations, Chapter II, Part 200. CONTRACTOR
shall submit said audit and management letter to COUNTY. The audit must include a statement of
findings or a statement that there were no findings. If there were negative findings, CONTRACTOR
must include a corrective action plan signed by an authorized individual. CONTRACTOR agrees to take
action to correct any material non-compliance or weakness found as a result of such audit. Such audit
shall be delivered to COUNTY’S DPH Administration for review within nine (9) months of the end of any
fiscal year in which funds were expended and/or received for the program. Failure to perform the
requisite audit functions as required by this Agreement may result in COUNTY performing the necessary
audit tasks, or at the COUNTY’S option, contracting with a public accountant to perform said audit, or,
may result in the inability of COUNTY to enter into future agreements with the CONTRACTOR.
B. A single audit report is not applicable if all CONTRACTOR’S Federal contracts do
not exceed the Seven Hundred Fifty Thousand Dollars ($750,000) requirement or CONTRACTOR’S
federal funding is through Drug Medi-Cal.
15. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT:
A. 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 Sections 5328, 10850,
and 14100.2 et seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. of Title 42,
Code of Federal Regulations (CFR), Section 56 et seq. of the California Civil Code and the Health
Insurance Portability and Accountability Act (HIPAA), including but not limited to Section 1320 D et seq. of
Title 42, United States Code (USC) and its implementing regulations, including, but not limited to Title 45,
CFR, Sections 142, 160, 162, and 164, The Health Information Technology for Economic and Clinical
Health Act (HITECH) regarding the confidentiality and security of patient information, and the Genetic
Information Nondiscrimination Act (GINA) of 2008 regarding the confidentiality of genetic information.
Except as otherwise provided in this Agreement, CONTRACTOR, as a Business
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Associate of COUNTY, may use or disclose Protected Health Information (PHI) to perform functions,
activities or services for or on behalf of COUNTY, as specified in this Agreement, provided that such use
or disclosure shall not violate the Health Insurance Portability and Accountability Act (HIPAA), USC 1320d
et seq. The uses and disclosures of PHI may not be more expansive than those applicable to COUNTY,
as the “Covered Entity” under the HIPAA Privacy Rule (45 CFR 164.500 et seq.), except as authorized for
management, administrative or legal responsibilities of the Business Associate.
B. CONTRACTOR, including its subcontractors 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 [45 CFR Sections 164.504
(e)(2)(i), 164.504 (3)(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. CONTRACTOR
shall not use such identifying information or genetic information for any purpose other than carrying out
CONTRACTOR’S obligations under this Agreement.
C. CONTRACTOR, including its subcontractors 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, or authorized by the client/patient in writing. In using or disclosing PHI that is permitted by this
Agreement or authorized by law, CONTRACTOR shall make reasonable efforts to limit PHI to the
minimum necessary to accomplish intended purpose of use, disclosure or request.
D. 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 finger or voice print, or photograph.
E. For purposes of the above sections, genetic information shall include genetic tests of
family members of an individual or individual, 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.
F. CONTRACTOR shall provide access, at the request of COUNTY, and in the time
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and manner designated by COUNTY, to PHI in a designated record set (as defined in 45 CFR Section
164.501), to an individual or to COUNTY in order to meet the requirements of 45 CFR Section 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 CONTRACTOR cannot
provide access and provides 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 COUNTY.
CONTRACTOR shall make any amendment(s) to PHI in a designated record set
at the request of COUNTY or individual, and in the time and manner designated by COUNTY in
accordance with 45 CFR Section 164.526.
CONTRACTOR shall provide to COUNTY or to an individual, in a time and
manner designated by COUNTY, information collected in accordance with 45 CFR Section 164.528, to
permit COUNTY to respond to a request by the individual for an accounting of disclosures of PHI in
accordance with 45 CFR Section 164.528.
G. CONTRACTOR shall report to 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 it 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 COUNTY’s Information Security Officer and Privacy Officer and COUNTY’s 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. CONTRACTOR 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. CONTRACTOR shall investigate such
breach and is responsible for all notifications required by law and regulation or deemed necessary by
COUNTY and shall provide a written report of the investigation and reporting required to COUNTY’s
Information Security Officer and Privacy Officer and 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:
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County of Fresno County of Fresno County of Fresno
Dept. of Public Health Dept. of Public Health Information Technology Services
HIPAA Representative Privacy Officer Information Security Officer
(559) 600-6439 (559) 600-6405 (559) 600-5800
P.O. Box 11867 P.O. Box 11867 333 W. Pontiac Way
Fresno, CA 93775 Fresno, CA 93775 Clovis, CA 93612
H. CONTRACTOR shall make their internal practices, books, and records relating to
the use and disclosure of PHI received from COUNTY, or created or received by the CONTRACTOR on
behalf of COUNTY, in compliance with HIPAA’s Privacy Rule, including, but not limited to the
requirements set forth in Title 45, CFR, Sections 160 and 164. CONTRACTOR shall make its internal
practices, books, and records relating to the use and disclosure of PHI received from COUNTY, or created
or received by the CONTRACTOR on behalf of COUNTY, available to the United States Department of
Health and Human Services (Secretary) upon demand.
CONTRACTOR shall cooperate with the compliance and investigation reviews
conducted by the Secretary. PHI access to the Secretary must be provided during the CONTRACTOR’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 CONTRACTOR and in
possession of a Subcontractor, it must certify efforts to obtain the information to the Secretary.
I. Safeguards
CONTRACTOR shall implement administrative, physical, and technical safeguards
as required by the HIPAA Security Rule, Subpart C of 45 CFR 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 COUNTY and to prevent unauthorized access, viewing, use,
disclosure, or breach of PHI other than as provided for by this Agreement. CONTRACTOR shall conduct
an accurate and thorough assessment of the potential risks and vulnerabilities to the confidential, integrity
and availability of electronic PHI. CONTRACTOR 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 CONTRACTOR’S operations and the nature and scope of its activities. Upon
COUNTY’s request, CONTRACTOR shall provide COUNTY with information concerning such safeguards.
CONTRACTOR shall implement strong access controls and other security
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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 systems used to process or store
confidential, personal, or sensitive data:
1. Passwords must not be:
a. 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;
b. A dictionary word; or
c. Stored in clear text
2. Passwords must be:
a. Eight (8) characters or more in length;
b. Changed every ninety (90) days;
c. Changed immediately if revealed or compromised; and
d. Composed of characters from at least three (3) of the following four
(4) groups from the standard keyboard:
1) Upper case letters (A-Z);
2) Lowercase letters (a-z);
3) Arabic numerals (0 through 9); and
4) Non-alphanumeric characters (punctuation symbols).
CONTRACTOR 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.
CONTRACTOR shall utilize a commercial encryption solution that has received
FIPS 140-2 validation to encrypt all confidential, personal, or sensitive data stored on portable
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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).
CONTRACTOR 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. CONTRACTOR must apply appropriate sanctions against its
employees who fail to comply with these safeguards. CONTRACTOR must adopt procedures for
terminating access to PHI when employment of employee ends.
J. Mitigation of Harmful Effects
CONTRACTOR shall mitigate, to the extent practicable, any harmful effect that is
suspected or known to CONTRACTOR of an unauthorized access, viewing, use, disclosure, or breach
of PHI by CONTRACTOR or its subcontractors in violation of the requirements of these provisions.
CONTRACTOR must document suspected or known harmful effects and the outcome.
K. CONTRACTOR’S Subcontractors
CONTRACTOR shall ensure that any of their contractors, including
subcontractors, if applicable, to whom CONTRACTOR provide PHI received from or created or
received by CONTRACTOR on behalf of COUNTY, agree to the same restrictions, safeguards, and
conditions that apply to CONTRACTOR 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.
L. Employee Training and Discipline
CONTRACTOR 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 COUNTY under this Agreement and use or disclose PHI and discipline such
employees who intentionally violate any provisions of these provisions, including termination of
employment.
M. Termination for Cause
Upon COUNTY’s knowledge of a material breach of these provisions by a
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CONTRACTOR, COUNTY shall either:
1. Provide an opportunity for the CONTRACTOR to cure the breach or end
the violation and terminate this Agreement if CONTRACTOR does not cure the breach or end the
violation within the time specified by COUNTY; or
2. Immediately terminate this Agreement if a CONTRACTOR has breached a
material term of these provisions and cure is not possible.
3. If neither cure nor termination is feasible, the COUNTY’s Privacy Officer
shall report the violation to the Secretary of the U.S. Department of Health and Human Services.
N. Judicial or Administrative Proceedings
COUNTY may terminate this Agreement in accordance with the terms and
conditions of this Agreement as written hereinabove, if: (1) a CONTRACTOR is found guilty in a
criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or (2) a
finding or stipulation that a CONTRACTOR has violated a privacy or security standard or requirement
of the HITECH Act, HIPAA or other security or privacy laws in an administrative or civil proceeding in
which the CONTRACTOR is a party.
O. Effect of Termination
Upon termination or expiration of this Agreement for any reason, CONTRACTOR
shall return or destroy all PHI received from COUNTY (or created or received by CONTRACTOR on
behalf of COUNTY) that CONTRACTOR still maintains in any form, and shall retain no copies of such
PHI. If return or destruction of PHI is not feasible, it 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 shall apply to PHI that is in the possession of
subcontractors or agents, if applicable, of CONTRACTOR. If CONTRACTOR destroy the PHI data, a
certification of date and time of destruction shall be provided to the COUNTY by CONTRACTOR.
P. Disclaimer
COUNTY makes no warranty or representation that compliance by
CONTRACTOR with these provisions, the HITECH Act, HIPAA or the HIPAA regulations will be
adequate or satisfactory for CONTRACTOR’S own purposes or that any information in
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CONTRACTOR’S possession or control, or transmitted or received by CONTRACTOR, is or will be
secure from unauthorized access, viewing, use, disclosure, or breach. CONTRACTOR are solely
responsible for all decisions made by CONTRACTOR regarding the safeguarding of PHI.
Q. Amendment
The parties acknowledge that Federal and State laws relating to electronic data
security and privacy are rapidly evolving and that amendment of these provisions 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 HIPAA, the HIPAA regulations, the HITECH Act and other applicable laws relating to
the security or privacy of PHI. COUNTY may terminate this Agreement upon thirty (30) days written
notice in the event that CONTRACTOR do not enter into an amendment providing assurances
regarding the safeguarding of PHI that COUNTY in its sole discretion, deems sufficient to satisfy the
standards and requirements of HIPAA, the HIPAA regulations and the HITECH Act.
R. No Third-Party Beneficiaries
Nothing express or implied in the terms and conditions of these provisions is
intended to confer, nor shall anything herein confer, upon any person other than COUNTY or
CONTRACTOR and their respective successors or assignees, any rights, remedies, obligations or
liabilities whatsoever.
S. Interpretation
The terms and conditions in these provisions shall be interpreted as broadly as
necessary to implement and comply with HIPAA, the HIPAA regulations 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 HlPAA and the HIPAA regulations.
T. Regulatory References
A reference in the terms and conditions of these provisions to a section in the
HIPAA regulations means the section as in effect or as amended.
U. Survival
The respective rights and obligations of CONTRACTOR as stated in this Section
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shall survive the termination or expiration of this Agreement.
V. No Waiver of Obligations
No change, waiver or discharge of any liability or obligation hereunder on any one
or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or
shall prohibit enforcement of any obligation on any other occasion.
W. Public Health Exception Extended
1. The HIPAA Privacy Rule creates a special rule for a subset of public
health activities whereby HIPAA cannot preempt state law if, “[t]he provision of state law, including
state procedures established under such law, as applicable, provides for the reporting of disease or
injury, child abuse, birth, or death, or for the conduct of public health surveillance, investigation, or
intervention.” (45 C.F.R. § 160.203(c) [HITECH Act, § 13421, sub. (a)].) ;
2. To the extent a disclosure or use of information received under this
agreement may also be considered a disclosure or use of “Protected Health Information” (PHI) of an
individual, as that term is defined in Section 160.103 of Title 45, Code of Federal Regulations, the
following Privacy Rule provisions apply to permit such data disclosure and/or use by COUNTY and
CONTRACTOR, without the consent or authorization of the individual who is the subject of the PHI:
a) HIPAA cannot preempt state law if, “[t]he provision of state law, including
state procedures established under such law, as applicable, provides for the reporting of disease or
injury, child abuse, birth, or death, or for the conduct of public health surveillance, investigation, or
intervention.” (45 C.F.R. § 160.203(c) [HITECH Act, § 13421, sub. (a)].)];
b) A covered entity may disclose PHI to a “public health authority” carrying
out public health activities authorized by law; (45 C.F.R. § 164.512(b).);
c) A covered entity may use or disclose protected health information to the
extent that such use or disclosure is required by law and the use or disclosure complies with and is
limited to the relevant requirements of such law.” (Title 45 C.F.R. §§ 164.502 (a)(1)(vii),
164.512(a))(1).)
16. DATA SECURITY: For the purpose of preventing the potential loss, misappropriation or
inadvertent access, viewing, use or disclosure of COUNTY data including sensitive or personal client
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information; abuse of COUNTY resources; 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 CONTRACTOR by the COUNTY, including but not limited to the following:
A. CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices
CONTRACTOR may not connect to COUNTY networks via personally-owned
mobile, wireless or handheld devices, unless the following conditions are met:
1) CONTRACTOR has received authorization by COUNTY for telecommuting purposes;
2) Current virus protection software is in place;
3) Mobile device has the remote wipe feature enabled; and
4) A secure connection is used.
B. CONTRACTOR-Owned Computers or Computer Peripherals
CONTRACTOR may not bring CONTRACTOR-owned computers 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 server approved by the COUNTY and transferred by
means of a Virtual Private Network (VPN) connection, or another type of secure connection. Said data
must be encrypted.
C. COUNTY-Owned Computer Equipment
CONTRACTOR or anyone having an employment relationship with the COUNTY,
may not use COUNTY computers or computer peripherals on non-COUNTY premises without prior
authorization from the COUNTY’s Chief Information Officer, and/or designee(s).
D. CONTRACTOR 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. CONTRACTOR 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
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internally and externally.
F. Confidential client information transmitted to one party by the other by 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. CONTRACTOR are 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 processes COUNTY data internally or externally.
H. COUNTY shall provide oversight to CONTRACTOR’S response to all incidents
arising from a possible breach of security related to COUNTY’s confidential client information provided
to CONTRACTOR. CONTRACTOR will be responsible to issue any notification to affected individuals as
required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be
responsible for all costs incurred as a result of providing the required notification.
17. NON-DISCRIMINATION: During the performance of this Agreement, CONTRACTOR shall
not unlawfully discriminate against any employee or applicant for employment, or recipient of services,
because of race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, military status or veteran status pursuant to all applicable State of California and
Federal statutes and regulation.
18. NOTICES: The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
COUNTY CONTRACTOR
County of Fresno Fresno Building Healthy Communities
Director, Department of Public Health President & CEO
1221 Fulton St. 367 N. First St.
Fresno, CA 93721 Fresno, CA 93702
All notices between the COUNTY and CONTRACTOR provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by email. A notice delivered by personal service is effective
upon service to the recipient. 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 recipient. A notice
delivered by an overnight commercial courier service is effective one COUNTY business day after deposit
with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next
day delivery, addressed to the recipient. A notice delivered by email is effective when transmission to the
recipient is completed (but, if such 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 sender maintains a record of the completed transmission. For all claims arising out of or related to
this Agreement, nothing in this section establishes, waives, or modifies any claims presentation
requirements or procedures provided by law, including but not limited to the Government Claims Act
(Division 3.6 of Title 1 of the Government Code, beginning with section 810).
19. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS:
A. COUNTY and CONTRACTOR recognize that CONTRACTOR is a recipient of
Federal funds under the terms of this Agreement. By signing this Agreement, CONTRACTOR agrees to
comply with applicable Federal suspension and debarment regulations, including but not limited to: 7
CFR 3016.35, 29 CFR 97.35, 45 CFR 92.35, and Executive Order 12549. By signing this Agreement,
CONTRACTOR attests to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any Federal department or agency; and
2. Shall not knowingly enter into any covered transaction with an entity or person
who is proposed for debarment under Federal regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in
such transaction.
B. CONTRACTOR shall provide immediate written notice to COUNTY if at any time
during the term of this Agreement CONTRACTOR learns that the representations it makes above were
erroneous when made or have become erroneous by reason of changed circumstances.
C. CONTRACTOR shall include a clause titled “Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion- Lower Tier Covered Transactions” and similar in
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nature to this paragraph in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
D. CONTRACTOR shall, prior to soliciting or purchasing goods and services in
excess of $25,000 funded by this Agreement, review and retain the proposed vendor’s suspension and
debarment status at https://sam.gov/SAM/
20. PROPERTY OF COUNTY: CONTRACTOR agrees to take reasonable and prudent steps
to ensure the security of any and all said hardware and software provided to it by COUNTY under this
Agreement, to maintain replacement-value insurance coverages on said hardware and software of like
kind and quality approved by COUNTY.
All purchases over Five Thousand Dollars ($5,000) made during the life of this Agreement that
will outlive the life of this Agreement shall be identified as fixed assets with an assigned Fresno County
DPH Accounting Inventory Number. These fixed assets shall be retained by COUNTY, as COUNTY
property, in the event this Agreement is terminated or upon expiration of this Agreement.
CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed assets and shall be
physically present when fixed assets are returned to COUNTY possession at the termination or
expiration of this Agreement. CONTRACTOR is responsible for returning to COUNTY all COUNTY
owned fixed assets upon the expiration or termination of this Agreement.
21. PROHIBITION ON PUBLICITY: None of the funds provided directly or indirectly under this
Agreement shall be used for CONTRACTOR’s advertising, fundraising, or publicity (i.e., purchasing of
tickets/tables, silent auction donations, etc.) for the purpose of self-promotion. Notwithstanding the
above, funds provided directly or indirectly under this Agreement may be used by CONTRACTOR for
publicity of the services described in Paragraph One (1) of this Agreement as necessary to raise
public awareness about the availability of such specific services when approved in advance by
COUNTY’s Director of Public Health or designee for such items as written/printed materials, the use of
media (i.e., radio, television, newspapers) and any other related expense(s).
22. CONFLICT OF INTEREST: No officer, employee or agent of the COUNTY who exercises
any function or responsibility for planning and carrying out of the services provided under this
Agreement shall have any direct or indirect personal financial interest in this Agreement. In addition,
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no employee of the COUNTY shall be employed by the CONTRACTOR under this Agreement to fulfill
any contractual obligations with the COUNTY. COUNTY and CONTRACTOR shall comply with all
Federal, State of California and local conflict of interest laws, statutes and regulations, which shall be
applicable to all parties and beneficiaries under this Agreement and any officer, employee or agent of
the COUNTY.
23. CHANGE OF LEADERSHIP/MANAGEMENT: In the event of any change in the status of
CONTRACTOR’s leadership or management, CONTRACTOR shall provide written notice to COUNTY
within thirty (30) days from the date of change. Such notification shall include any new leader or
manager’s name, address and qualifications. “Leadership or management” shall include any
employee, member, or owner of CONTRACTOR who either a) directs individuals providing services
pursuant to this Agreement, b) exercises control over the manner in which services are provided, or c)
has authority over CONTRACTOR’s finances.
24. LOBBYING ACTIVITY: None of the funds provided under this Agreement shall be used for
publicity, lobbying or propaganda purposes designed to support or defeat legislation pending in the
Congress of the United States of America or the Legislature of the State of California.
25. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall only
be in Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this Agreement
shall be governed in all respects by the laws of the State of California.
26. DISCLOSURE OF SELF-DEALING TRANSACTIONS:
This provision is only applicable if a CONTRACTOR is operating as a corporation (a for-
profit or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its
status to operate as a corporation.
Members of the CONTRACTOR’S Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR is providing goods or performing services
under this agreement. A self-dealing transaction shall mean a transaction to which a CONTRACTOR is
a party and in which one or more of its directors has a material financial interest. Members of the Board
of Directors shall disclose any self-dealing transactions that they are a party to by completing and
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signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated
herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing
transaction or immediately thereafter.
27. SEVERABILITY: The positions of this Agreement are severable. The invalidity or
unenforceability of any one provision in the Agreement shall not affect the other provisions.
28. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understanding of any nature whatsoever unless expressly included in this Agreement. In the event of any
inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be
resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding
exhibits) and (2) the exhibits attached hereto.
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Exhibit A
Page 1 of 21
Page 1 of 21
COVID-19 Equity Project: Scope of Work
All Plans submitted for each of the three categories (Health Education and Outreach, Contact Tracing & Medical Investigation,
Quarantine Supports) shall be approved by the County of Fresno- Department of Public Health (DPH) prior to implementation.
Scope of Work is a continuation from Agreement # D-20-316 with Fresno County EOC thus some planning items have been
completed and accepted by DPH.
CATEGORY 1: Health Education and Outreach
Activity Activity
Name
Description Responsible
Party
County or
City of
Fresno
Division
Activity
Deliverables/
Milestones
Timeframe
1.1.1 Assess:
Language &
Cultural
Needs
Identify language and cultural needs
in the community and
organizational/staff capacity in terms
of education and outreach
All Partners County/City Assessment July -
December
1.1.2 Assess:
Testing
Needs
Identify through data analysis any
targeted geographic or demographic
population for testing events and
outreach.
CVHPI County Ongoing
reports of
identified
targeted
populations
July-
December
Exhibit A
Page 2 of 21
Page 2 of 21
1.2.1.1 Plan:
Training/
Curriculum
Development
Develop modules on education and
outreach to include information on:
1. How to be a Promotora
2. COVID19 Transmission
3. Prevention
a. Social distancing
b. Sheltering in Place
c. Wearing Masks
d. Handwashing
4. Testing
5. Isolate when positive
6. Quarantine
7. Glossary of PHD terms
8. Ongoing training in technology
use for COVID-19 related
education and outreach, and
quarantine supports
Prepare training materials and
handouts.
CVHPI
Fresno BHC
Cultiva la Salud
County
initially, then
city funds as
we evolve
the type of
training
needed
Curriculum July-
September
1.2.1.2 Plan:
Training/
Adaptations
Adapt CHW modules for each
language/cultural group
1. Hmong, Lao, Khmer, Arabic,
Slavic
2. Mixteco, Mam, Tlapaneco,
Zapoteco, Triqui
3. Punjabi
4. Spanish
CVHPI
FIRM
CBDIO
Jakara Movement
Cultiva La Salud
City and
County
(50/50 split in
overall
budget,
assumption
that County
funds will be
available
Curriculum August-
September
Exhibit A
Page 3 of 21
Page 3 of 21
5. Swahili (available, but not
anticipated)
6. AA cultural adaptation
first, spent
first)
1.2.2.2 Plan:
Outreach
Testing
Events
Plan how to support Testing Events in
the County of Fresno will be
determined in consultation with
FQHCs, and County-funded testing
agencies. This plan is to include one
event per week given lab and testing
capacity for the County.
Finalize plan on logistics for
supporting City of Fresno/UCSF
mobile testing sites between all
agency partners
All Partners
CBDIO to
coordinate all
partners
County
City
Documented
agreement and
schedule of
events
Written plan
and agreement
By August
7th, identify
county sites
with event
plan and
education
materials, all
ready to go for
the each
event. By
August 15th
conduct first
event
Exhibit A
Page 4 of 21
Page 4 of 21
1.2.3 PLAN:
Outreach
Outreach Plan
Coalition partners will submit a plan
to mobilize and deploy teams of
Community Health Workers/
Promotoras and other project staff
who will utilize a number of
approaches in order to conduct health
education and outreach activities
under the auspices of the project. The
outreach plan will address the
cultural, linguistic and literacy needs
of targeted audiences in Fresno and
Fresno County.
Coalition partners will cover the
entirety of Fresno County based on
each organization’s existing reach
and capacity, including:
● City of Fresno, including
unincorporated areas within city
major boundaries (Calwa,
Highway City, Pinedale)
● Fresno County small towns &
cities
● Unincorporated/ rural areas
outside of the City of Fresno
● FUSD high school feeder
patterns & other local school
districts
All Partners
All Partners
All Partners
CLFA, CBDIO
Cultiva
Fresno BHC
County for
July-August
Modifications
September -
December
City
Outreach Plan
from each lead
agency
Modified
scope of work
and budget
First Draft
August 6th
Modifications
September-
November
15th
Exhibit A
Page 5 of 21
Page 5 of 21
1.2.4.1 Plan:
Communicati
ons
A communications team of Public
Health Department staff and
communication leads from each
partner organization will convene to
plan and coordinate communication
strategies.
Plan in-language media campaigns
with a communications plan within
each target populations
● Ethnic TV/Radio/Print limited
buys
Engage traditional corporate media
through:
● Earned media coverage of
testing events
● Project staff spokespersons
presentations on English and
Spanish media programming
Leverage CBO Coverage on Weekly
COVID-19 Calls, as well as
placement in CBO newsletters and
other existing community-based
network communication.
All Partners
Fresno BHC
City/County
(50/50 split
for coalition
messaging
and broad
public health
info. Actual
for targeted
events)
Copies of
scripts, print
messages and
collaborative
items
July -
December
Exhibit A
Page 6 of 21
Page 6 of 21
1.2.4.2 Plan: Health
Education
Materials &
Messages
Plan health education talking points,
messages and materials within each
target population.
Cultiva La Salud
CVHPI
City/County
50/50
Talking
points,
messages
and
developed
materials
July-August
Updated
Monthly
1.2.4.3 Plan: Field
Testing
Method: Organized as small group
sessions once new messages and
new materials are developed. The
focus will be on the effectiveness of
messages and materials in conveying
information. Are the messages and
materials received well and
understood by the target audience?
This data is to be collected by each
organization that is out on the field
and data will be collected by CVHPI
Cultiva La Salud
CVHPI
Fresno BHC
CBDIO
FIRM
50/50 Field-testing
reports.
Monthly
July-
December
1.3.1 Implement :
Training
CHW/Promotora Initial One Week
Training:
Ongoing Continuing Education on at
least biweekly basis
Train-the-Trainer support for lead
CHWs at each agency
CVHPI with
All Partners
50/50 Sign-in
sheets/electroni
c
documentation
Late July/
Early August
July-
December
Late August
Exhibit A
Page 7 of 21
Page 7 of 21
1.3.2 Implement:
Health
Education &
Outreach
Conduct health education to target
audiences. Include outreach and
promotion of testing events.
Approach 1: High Volume Direct
Health Education on
Transmission/Prevention-
Coalition partners will engage in
direct outreach through numerous
platforms with a goal of reaching
large segments of the underserved
population with consistent
messaging. This approach will
include:
● Phonebanking/texting
campaigns, direct texting
● Robocalls
○ Using existing call lists
○ Through City
Phonetrees
● WhatsApp
● Social Media: Facebook,
Instagram, and Twitter
● Webinars/Virtual Talks
● Grass roots ambassadors
All Partners
All Partners
Remote
Communicati
ons: 50%
City and 50%
County
In Person
Outreach:
Actuals
based on
location of
event sites
Talking points
-Messages
(Voice and video
included)
-Contact metrics
and tracking by
method (number
of attempts,
contacts,
completed
conversations by
approach)
-WhatsApp:
Number of
members on
groups
-Social Media:
Highest number
of shares per
month on any
post
-Webinars and
Virtual talks:
number of views
after 1 month.
July -
December
August-
December
Exhibit A
Page 8 of 21
Page 8 of 21
Approach 2: Direct 1:1 & Small Group
Engagement with Residents-
When necessary and safe, project
staff will engage in one-on-one (1:1)
conversations with residents, as well
as small group/ focus group meetings
to disseminate educational content
and capture information from the
target population related to
prevention needs. This is particularly
needed in isolated (both linguistically
and geographically) communities
where a trusted ambassador is best
positioned to conduct successful
outreach. These will include:
● In-person outreach
● Small group meetings/engage
at worksites, community
centers, and other community
spaces in targeted
neighborhoods
All Partners In Person
Outreach:
Actuals
based on
location of
event sites
Contact metrics
and tracking by
method
August-
December
Exhibit A
Page 9 of 21
Page 9 of 21
Approach 3: Promotion of Clinics and
Testing events- Project staff (with
PPE) will promote clinic locations in
each local area. Coalition partners
will also organize, promote and staff
testing events in local communities.
Considerations for these activities will
include:
● Leveraging
media/communications
activities (see activity 1.3.4)
● Targeted neighborhood
outreach, including phone
banking, canvassing &
leafleting.
All Partners
All Partners
Remote
Communicati
ons: 50%
City and 50%
County
In Person
Outreach:
Actuals
based on
location of
event sites
Reporting of
markets
reached
Contact metrics
and tracking by
method
August-
December
August-
December
Exhibit A
Page 10 of 21
Page 10 of 21
Approach 4: Inter-institutional
Cooperation & Collaboration with
Project Staff & Local School Districts
(GO Fresno)-
Project staff will utilize existing inter-
institutional relationships in order to
bolster outreach and education
efforts. This will include:
● School District partnerships in
Fresno USD and throughout
the county
● School-site partnerships,
including principal and parent/
community engagement staff
collaboration and cooperation
with project staff
● Formalize partnership with
Fresno USD’s Parent
University to conduct phone-
bank outreach to FUSD
parents.
● Coordinate with rural school
districts for education and
outreach, specifically the
quarantine supports the
COVID-19 Equity Project is
managing
● Collaborate with school
districts regarding contact
tracing and/or testing
education and outreach
Fresno BHC In Person
Outreach:
Actuals
based on
location of
event sites
Agreements
with School
Districts and
FCOE
Agreements
with School
sites
Agreements
with FUSD
Parent
University
Completed
Phone Bank
events (# of
people
reached)
July- August
August
August-
September
September-
December
Exhibit A
Page 11 of 21
Page 11 of 21
Approach 5: Inter-institutional
Cooperation & Collaboration with
Project Staff & African American (AA)
owned small businesses (FMBCC)-
Project staff will utilize existing inter-
institutional relationships with city,
county, and state agencies to provide
outreach, education, training efforts.
This will include:
● Provide small business
education & training to ensure
workplace safety, reduce risk
to public health, operational
stability, local & state
compliance, risk mitigation,
effectively manage
procurement of safety
supplies and equipment
Approach 6: Continue collaboration
with farm workers, small farmers, and
farm labor contractors. Support
County DPH rural small businesses
and agricultural businesses testing,
education and outreach
• Provide PPE to employees as
part of outreach efforts when
needed
CBDIO
FIRM
Jakara
County 60
percent
City 40
percent
County 100
percent
Worksite
testing events
Workshops
Phone
Webinars
1:1 TA via
Video-
conferencing
July-
December
August-
December
Exhibit A
Page 12 of 21
Page 12 of 21
1.3.3 Implement:
Testing
Events
Testing Events in the City of Fresno
in partnership with UCSF will be
conducted up to 7 days per week,
with onsite responsibilities rotated
between partner organizations
depending on the targeted languages
and neighborhoods.
Testing events in County will be
conducted according to plan (activity
1.2.2.2)
CHWs will provide information (public
health, COVID workers’ rights,
quarantine supports, other resources)
on-site to everyone who comes to
test.
CHWs provide contact investigation
information and assist patient with
submitting contact information
electronically.
All Partners In Person
Outreach:
Actuals
based on
location of
event sites
City
Number of
testing events
assisted
# of people
contacted to
attend event
# attendees
#of people
followed up
after event
July-
December
July-
December
September-
December
1.3.4 Implement:
Communicati
ons
Convene communications workgroup
regularly and collaborate closely with
Leticia Barber (DPH) and Lacey
Leonard (UCSF)
Promote in ethnic/ linguistic
communities in culturally relevant
ways
All Partners
Remote
Communicati
ons: 50%
City and 50%
County
# of
Interviews, #
of
publications
# of
segments
July-
December
Exhibit A
Page 13 of 21
Page 13 of 21
● Ethnic Media outreach such
as Radio Bilingue, Univision,
Punjabi Radio USA,
JusPunjabi TV, Hmong
Television, KBIF 900 (Hmong,
Lao, Khmer and Arabic Radio
shows), Newspapers
● Earned traditional media
coverage of testing events
● Assess existing response
hotline
● Embed Cultural Brokers into
the 211 COVID hotline
● Launch outreach efforts for
211 COVID hotline
Remote
Communicati
ons: 50%
City and 50%
County
In Person
Outreach:
Actuals
based on
location of
contact
devoted to
COVID
Outreach
# of views on
website after
live airing
# of people
served by
hotline
August-
December
September-
December
1.3.5 Implement:
Field Testing
Each partner organization will
organize field testing groups for rapid
assessment of newly developed
messages and materials.
1. Plan focus group and Invite
participants.
2. Conduct field tests
3. Compile finding and present
to partners.
All Partners 50% City and
50% County
# of field testing
groups monthly
Monthly
August-
December
Exhibit A
Page 14 of 21
Page 14 of 21
1.4.1 Evaluate:
Training
Effectiveness in training (Is the
training we provide to CHWs/CTs
building capacity to level needed as
demonstrated by need encountered
in community?)
CVHPI
Cultiva La Salud
50% City and
50% County
CHW/Promotor
a training
evaluations
August-
December
1.4.2 Evaluate:
Communicati
ons & Health
Education
messages
and materials
Through a process evaluation, obtain
feedback from community members
on implementation of dissemination
methods of new messages and
understanding of messages. This will
done through qualitative data. We will
use interview guide and surveys after
receiving the messages
Two Areas of Evaluation:
Understanding of messages (are
messages sticking or resulting in
impact?)
Which methods are most impactful for
which audiences (radio, tv, in person,
social media, etc)
Fresno BHC
CVHPI
50% City and
50% County
Data from
Evaluation
Meetings with
Team leads
reported to
DPH Ops and
UCSF
Leadership joint
meetings
Monthly
August-
December
Exhibit A
Page 15 of 21
Page 15 of 21
1.4.3 Evaluate:
Events/Outre
ach
Evaluate effectiveness of outreach
strategies around: community
knowledge of virus, turnout at testing
events, follow up
CVHPI
Jakara/CBDIO
50% City and
50% County
Focus Groups
and Survey
Results from
invited past
participants of
outreach
September-
December
1.4.4 Evaluate Evaluate implications for vaccination
campaign and develop
recommendations for practice
CVHPI 50% City and
50% County
Report to DPH
Ops and UCSF
Leadership joint
meetings
November-
December
Exhibit A
Page 16 of 21
Page 16 of 21
CATEGORY 2: Contact Tracing & Medical Investigation
Activity Activity
Name
Description Responsible
Party
County or
City of
Fresno
Division
Activity
Deliverables Timeframe
2.1.1 Assess Coordinate with County Medical
Investigation Team for Contact
Tracing efforts
● Identify Data Management
needs
● Identify Appropriate Training
modules for Contact Tracing
by community members
● Develop additional qualitative
and quantitative data
measures for community
health workers across CBO’s
CVHPI
County Meeting
minutes
Final list of
measures to
be collected
by all CBOs
for evaluation
purposes
August
2.1.2 Assess Re-evaluate and modify training for
contact tracing modules and testing
protocols as they change
CVHPI County Updated
training
modules
Monthly
September -
December
2.2.1 Plan Develop basic overview module on
Contact Tracing & coordination with
Medical Investigation to include
information on:
1. Contact Tracing
CVHPI
Fresno BHC
County
Curriculum
By
August 15
Exhibit A
Page 17 of 21
Page 17 of 21
2. Motivational Interviewing
3. Difficult clients
4. County HIPAA training
5. Infection control and
prevention
Adapt modules to 13 languages/cultures
to ensure Literacy levels, visuals that are
representative of community
FIRM
CBDIO
Jakara
Cultiva La Salud
5,5,1,1,1
adaptations
September/O
ctober
2.3.1.1 Implement CHWs complete internal introductory
training to contact tracing (ASTHO,
basic customer service/interview
skills)
Complete County training for contact
tracing ( County data management
systems and processes)
All partners with
CTs
City/County
County
Sign In
Sheets
County
certification/
approval
By
September
15
By
September
30th
2.3.1.2 Implement Conduct County-referred contact
tracing and investigation
Budget is based on July 11th County
and City COVID-19 total cases
reported over time.
Total Cases: 8,282 100%
City cases: 4353 53%
County cases: 3,929 47%
Actual Charges to County will be
based on patient’s resident address.
All partners with
CTs
City/County
based on
location of
patient
address
Budget
assumed
53% City and
47% County
REDCap or
CalREDIE
September -
December
Exhibit A
Page 18 of 21
Page 18 of 21
City of Fresno address will be billed
to City of Fresno. All others will be
billed to County. Once City of Fresno
allocation is fully spent then
remainder may be billed to County if
funds are remaining in County’s
budget for CATEGORY 2.
2.3.1.3 Implement Conduct ongoing Continuing
Education as contact tracing training
and protocols adapt
CVHPI with all
trained CTs
County Sign In
Sheets
October -
December
2.4.1 Evaluate Monthly evaluations until December
to include
1. Number of people reached for
contact tracing
2. Average time it is taking to
conduct investigation
3. Questions people are asking
beyond contact tracing related
questions, including
identification of other unmet
needs
4. Qualitative data about
knowledge gaps of CTs
CVHPI
All Partners
provide
information to
CVHPI
City/County
50/50
Notes from
monthly
meetings
Monthly
Exhibit A
Page 19 of 21
Page 19 of 21
CATEGORY 3: Quarantine Supports
Activity Activity
Name
Description Responsi
ble Party
Metropolitan
Cities/County
Division
Deliverables Timeframe
3.1.1 Assess:
Needs
Assess needs of presumed or
confirmed COVID19 positive
community members and their
families.
1. Wage replacement
2. Housing/Quarantine site
3. Utilities
4. Access to healthcare and
treatment
5. Food Assistance
6. Childcare or Eldercare
7. Education needs of
students in home
8. Provide PPE to
individuals as needed
9. Provide transportation
There will be an ongoing
assessment on the total funds
allocated and the need between
city and county.
All Partners
County – Funds
will be distributed
to the vulnerable
population in
Fresno County.
Priority for funding
will be in the rural
cities,
unincorporated
areas (e.g. Cantua
Creek, Del Rey,
Five Points,
Calwa), and
disadvantaged
areas within
metropolitan cities.
Quarantine
Assessment
July-August
Exhibit A
Page 20 of 21
Page 20 of 21
3.2.1 Plan:
Payment
Arrangemen
ts
Develop a standardized process
for requests and distribution of
quarantine supports for all
CBOs. Process must be
standardized amongst all
agencies distributing funds. All
agencies must use the same
database tracking for all clients
to ensure there is not a duplicate
disbursement for the same
patient/household. Allow for
multiple families living within one
household.
Fresno BHC
County Invoices for
payments with
supporting
documentation.
Monthly map
demonstrating
location of
distributions of
patient/househ
old address.
August-
December
3.2.2 Plan:
Referrals
Develop process for referrals to
complementary resources and
services. Track across all
agencies in a single database or
comparable that will allow
reporting of unique individuals
being served.
All Partners County Resource map September
3.3.1 Implement:
Quarantine
Supports
Distribute to index cases and
close contacts
County will work with
Contractors to develop
screening form and
methodology for
distribution of funds
Fresno BHC
County # of
patients/house
holds that have
received funds
September-
December
Exhibit A
Page 21 of 21
Page 21 of 21
3.3.2 Implement:
Follow-up
and
Wellness
Checks
Assess if index case and
contacts have received
resources and referrals.
All Partners County Report of
follow-up calls
September-
December
3.4.1 Evaluate Evaluate monthly in terms of
equitable distribution, impact,
and level of funding utilized out
of the whole. We will be re-
evaluating need from geographic
region, to amounts being
distributed, to budget for
isolation/quarantine.
CVHPI
County Monthly
Meeting Oral
Report to DPH
Ops
Monthly
September-
December
Exhibit B
President & CEO 13,504
Chief Administrative Officer 7,836
Executive Admin Assistant 6,240
Communications Specialist 12,480
Project Director 7,121
Project Manager 14,172
Project Specialist 12,480
Project Assistant 7,740
Data Manager 7,585
Compliance Manager 12,641
Lead Community Health Worker 13,759
Community Health Worker/Contact Tracer (8)99,840
Personnel Sub-Total 215,398
Fringe 68,927
Total Personnel 284,325
Operating Costs
Travel 4,200
Communications 1,800
Office Expenses 1,800
Conference, Meeting, Event 2,500
Database Software & Subscriptions 750
Printing & Copying 6,000
Quarantine Supports 1,174,916
Total Operating 1,191,966
Direct Costs 1,476,291
Indirect Costs @ 10%147,629
Total Direct and Indirect 1,623,920
Other Costs (not included in indirect)
Legal/Professional Services 90,000
Coaltion Marketing, Comms, & Graphic Design Services 40,000
CVHPI 90,000
CBDIO 150,000
CLFA 120,000
Cultiva La Salud 210,000
FIRM 270,000
Jakara Movement 240,000
Reading & Beyond 60,000
The Fresno Center 30,000
Other Costs Subtotal 1,300,000
Grand Total 2,923,920
Immigrant Refugee Coalition
COVID-19 Equity Project Budget
Personnel
Budget
December 31, 2020 - June 30, 2021
BHC IR Coalition CEP Budget 2021 County 12.06.20
Exhibit C
Page 1 of 2
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest.”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the Corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
Page 2 of 2
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date: