September 29, 2015
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Supervisors:
AMENDMENT NUMBER ONE TO AGREEMENT NUMBER 78039
FOR FIRE SUPPRESSION CAMP SERVICES
BY AND BETWEEN
COUNTY OF LOS ANGELES AND
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS
ALL DISTRICTS
(3 VOTES)

SUBJECT
This is a joint recommendation with the Los Angeles County Sheriff¶s Department seeking the
approval of Amendment Number One to County Agreement Number 78039/ California Department of
Corrections and Rehabilitations Agreement Number 5600003948 with the California Department of
Corrections and Rehabilitations for fire suppression camp services.
IT IS RECOMMENDED THAT THE BOARD:
Approve and instruct the Mayor of the Board to execute the attached Amendment Number One to
the Agreement with California Department of Corrections and Rehabilitations for fire suppression
camp services to (1) reduce the offender per-diem rate from $46.19 to $10.00 per day, (2) add an
offender per-diem rate of $81 per day for female inmates in training, and (3) correct a clerical error in
Exhibit J.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On September 17, 2013, the Board approved an Agreement with California Department of
Corrections and Rehabilitations (CDCR) to allow Los Angeles County (County) inmate participation

The Honorable Board of Supervisors
9/29/2015
Page 2
in the fire suppression camp services offered by CDCR. Pursuant to the Agreement, CDCR
assumes custody of County inmates who are convicted as non-violent, non-serious, non-sexual
offenders (N3) and assigns them to one of the five Los Angeles County Inmate Fire Suppression
Camps (Fire Camps). The Agreement is funded from the Sheriff¶s Department (Sheriff) allocation of
the Public Safety Realignment Act of 2011 (AB 109) funds. Amendment Number One to the
Agreement is necessary to document the reduction in the offender per-diem rate, to add an offender
per-diem rate for female inmates in training, and to correct a clerical error in Exhibit J.
On June 11, 2014, CDCR notified the Sheriff that the contracted offender per-diem rate of $46.19
was being reduced to $10.00, retroactive to January 1, 2014. The reduction in the offender per-diem
rate was due to an agreement between CDCR and the California State Sheriff¶s Association to
reduce the rate to allow the smaller counties with limited resources the opportunity to participate in
CDCR's inmate fire suppression camp program. The Agreement between CDCR and the County
includes a provision which requires that the County be afforded the lowest rates offered to other
California counties.
In addition, an offender per-diem rate was negotiated to allow for the training of female offenders by
CDCR. Pursuant to the Agreement, the County is currently required to provide all fire suppression
training for inmates prior to placement in a Fire Camp. The County however provides training in fire
suppression activities for male inmates only. The training is provided by the Consolidated Fire
Protection District (Fire District) of the County pursuant to a memorandum of understanding (MOU)
between the Department and the Fire District. Because the County is unable to provide the
necessary training for female inmates, CDCR will now be required to do so. All eligible female
inmates will be transferred to the California Institution for Women in Chino for their physical fitness
training and wildland fire training, prior to placement in the Malibu Fire Camp.
The Sheriff provided the Board with notice of the reduction in offender per-diem rates and the
proposed offender per-diem rate for female inmates in training on August 25, 2014. This Amendment
Number One now formally documents the rate modifications. The Exhibits A, B and J are attached
for reference since they affected by the changes in Amendment One. Exhibits C - I are not provided
in the board letter since they are not affected by the change.
Background
Since the early 1980¶s, the five local Fire Camps have been jointly managed by CDCR and the Fire
District. CDCR supplies the State inmate workforce and onsite security, while the Fire District
supervises the inmates working on fire crews. In a similarly managed operation, CDCR supplies
State inmate fire crews to the California Department of Forestry and Fire Protection¶s (CALFire), 39
fire camps located throughout the State.
With the implementation of AB 109, the CALFire system¶s inmate population gradually declined due
to attrition (inmates released, paroled, or sent back to secure CDCR institutions) and the fact that
those inmates typically assigned to fire camps are now being sentenced to local county jails. CDCR
responded to the eligible inmate population reduction by modifying fire crew size and their fire camp
deployment strategy throughout the State, including the five Fire Camps.
The Agreement, approved by the Board on September 17, 2013, transferred custody of up to 528 N3
inmates (380 male and 100 female, plus an additional 10 percent of up to 48 inmates) to replace the
State inmates within the five Fire Camps. The N3 inmates are exclusively housed within our Fire
Camps, thereby, benefiting the County by:

The Honorable Board of Supervisors
9/29/2015
Page 3
1. Creating jail capacity specifically for N3s with long-term sentences at a cost that is less than a
traditional jail bed;
2. Restoring up to 528 traditional jail beds to the general inmate population;
3. Providing enhanced housing relief since inmates participating in a fire camp program receive two
days credit for each day served, resulting in twice as many N3 inmates participating in the fire camp
program compared to a traditional jail term;
4. Transferring inmate custodial responsibilities from the Sheriff to the CDCR, including inmate
security, welfare, and liability. The CDCR-Fire relationship within the Fire Camps will remain
unchanged with CDCR providing security, albeit with a N3 population, and Fire providing supervision
and training of the inmate fire crews; and
5. Securing and maintaining the County¶s full operational fire-fighting capacity with Sheriff supplied
N3 fire crews; thereby, eliminating the County¶s reliance on the CDCR to supply State inmate fire
crews.
Since the Agreement was approved by the Board on September 17, 2013, Proposition 47 was
passed by the voters on November 4, 2014, that allowed certain low-level, nonviolent felonies the
ability to be reduced to misdemeanors on old criminal records and leaving the County jail system
earlier than originally sentenced. Therefore, due to the passage of Proposition 47, the County is
currently experiencing lower than anticipated number of inmates qualified for placement in the Fire
Camps. Currently, there are approximately 150 inmates in the Fire Camps compared to the 528
inmates estimated by the Sheriff when the Agreement was first approved in September 17, 2013.
Implementation of Strategic Plan Goals
This action meets the County¶s Strategic Plan Goal 1: Operational Effectiveness and Strategic Plan
Goal 2: Fiscal Responsibility by creating alternative custody beds to house the additional N3 inmate
population outside of the County¶s traditional jail system.
FISCAL IMPACT/FINANCING
Funding has been designated to the Sheriff from local AB 109 allocation to fund the Agreement with
CDCR. With the passage of Proposition 47, the Sheriff is experiencing a lower than anticipated
number of qualified inmates for the Fire Camps. Any Fire Camp savings will be used to mitigate the
overall deficit that the Sheriff experiences as the result of AB 109 funding. The Sheriff will continue
to absorb any deficit as a result of the State¶s underfunding of the program.
Prior to the proposed Amendment Number One, CDCR established a State-wide fire camp contract
daily bed rate of $46.19, which is equivalent to an annual cost of $8.9 million for the custody transfer
of 528 N3s. In contrast, the Sheriff daily jail bed rate calculated and approved by the AuditorController¶s Office is $132.67 and would equate to approximately $25.6 million in reimbursement for
528 N3s over 365 days.
AGENCY

FORMULA

Sheriff
CDCR

$132.67 Daily Bed Rate x 528 N3 x 365 Days
$46.19 Daily Bed Rate x 528 N3 x 365 Days

ANNUAL COST
$25,568,162
$8,901,737

The Honorable Board of Supervisors
9/29/2015
Page 4
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
Amendment Number One to the Agreement documents the decrease in the offender per-diem rate
from $46.19 to $10.00 per day, effective January 1, 2014. Amendment Number One also requires
CDCR to provide training in fire suppression activities for all female inmates assigned to the Fire
Camp program in exchange for an offender per diem of $81.00 per day when a female inmate is
housed at the California Institute for Women and undergoing training. Amendment Number One also
corrects a clerical error in Exhibit J. All other terms and conditions of the Agreement remain the
same and unchanged.
The attached Amendment Number One has been approved as to form by County Counsel.
General Agreement Provisions
The Agreement was approved by the Board on September 17, 2013. The term of the Agreement
commenced October 23, 2013, and terminates on June 30, 2016. CDCR provides housing,
sustenance, inmate programs, and routine medical care in exchange for an offender per-diem rate.
The Agreement may be terminated by either party with 60 calendar days advance written notice to
the other party. The Agreement provides for mutual indemnification by the parties. Both parties
acknowledge that they are self-insured to meet their indemnification obligations under the
Agreement.
CDCR provides all services under the Agreement in accordance with all federal, State, and local law,
rules, regulations, policies, procedures, and correctional standards, including but not limited to Title
15 and all CDCR policies, procedures, rules, and regulations. The County has the right to audit,
inspect, review, and examine the Fire Camp facilities and its operations and programs, including all
documents related thereto.
CDCR Staff
CDCR staff shall be Correctional Officers who meet the California Peace Officers Standards and
Training staffing requirements, have passed CDCR¶s background clearances, and have completed
the minimum standards for training of correctional officers established by the Board of CDCR and
Community Corrections (California pursuant to California Penal Code Section 6035).
Inmates
The Agreement details the inmate eligibility requirements for participation in the CDCR Fire Camp
program; whereby, the Sheriff is responsible for conducting criminal history and medical screening of
eligible N3s. Upon this initial clearance, the Sheriff provides physical training and, through a
separate training MOU with Fire, basic fire suppression training. The Sheriff then transports eligible
trained male N3 inmates to a centralized Fire Camp Intake Center at Camp Holton in Sylmar. As
amended, the Sheriff will transport eligible trained female N3s directly to the California Institute for
Women. CDCR will then assume custody and control of the N3 inmates for the remainder of their
sentence. All inmates participate in Fire Camp work programs while assigned to a Fire Camp,
including fire suppression work crew assignments, firefighting training, in-camp work assignments,
and other miscellaneous work assignments, unless otherwise medically or administratively
precluded. N3 inmates are transferred back to the Sheriff for processing prior to release. No
inmates are released directly from the Fire Camps.

The Honorable Board of Supervisors
9/29/2015
Page 5

Worker¶s Compensation and Medical Care
For all injuries incurred by an inmate housed at a Fire Camp, the County is not responsible for the
payment of any medical care or benefits related to an inmate's workers' compensation injuries or
claims as required by California law, including but not limited to California Labor Code section 3370.
CDCR is solely responsible for all workers' compensation claims and benefits, including the
administration of the claims, in the same manner as if the inmate was an inmate of CDCR.
CDCR provides routine medical care to the inmates while housed at the Fire Camps. CDCR notifies
the Sheriff of an inmate¶s increase in medical care needs, including emergent care. In the event that
it becomes necessary to remove an inmate from a Fire Camp due to an increase in medical care
needs beyond that provided by CDCR (i.e., as routine medical care), CDCR notifies the Sheriff to
coordinate the pick-up and transport of the inmate by the Sheriff back to County jail for further
medical care.
Fire Camp Credit
Pursuant to California Penal Code section 4019.2, any inmate who is assigned to a county or state
correctional institution as an inmate firefighter and who is eligible to earn one day of credit for every
one day of incarceration pursuant to California Penal Code Section 4019 shall instead earn two days
of credit for every one day served in that assignment. This assists the Sheriff¶s population
management by reducing N3 sentences in half in exchange for their work on a fire crew, which is a
direct beneficial service to our communities.
IMPACT ON CURRENT SERVICES (OR PROJECTS)
The Fire Camp program has expanded the County¶s jail system to accommodate the population
increase attributable to long-term sentenced N3s. There will be no negative impact on current
County services as a result of Amendment Number One to the Agreement.
CONCLUSION
Please return one adopted copy of this board letter and two copies of the fully executed Amendment
Number One to the Sheriff¶s Department, Administrative and Training Division.

The Honorable Board of Supervisors
9/29/2015
Page 6
Respectfully submitted,

SACHI A. HAMAI
Interim Chief Executive Officer
JIM McDONNELL
Sheriff
SAH:JM:JJ
SW:cc
Enclosures
c:

Executive Office, Board of Supervisors
County Counsel
Fire

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

STATEMENT OF WORK
Unless otherwise defined herein, all capitalized words and terms used herein shall have
the meaning set forth in Paragraph 2.0, Definitions, of the Agreement, unless otherwise
apparent from the context in which they are used.
A.

GENERAL SCOPE OF SERVICES

1.

The State will be responsible for providing housing, sustenance, supervision,
education, inmate programs, and other services and accommodations for
Offenders provided by County at the Fire Camps listed on Exhibit C, List of Fire
Camps, of this Agreement. It is understood by the parties that the Fire DistrictCDCR Agreement sets forth the responsibilities of the State and the Fire District
for the operations of the Fire Camps. This Agreement may be expanded by way
of written Amendment pursuant to Paragraph 8.1, Amendments, of the
Agreement to add additional fire camps located outside of the County which are
operated and maintained by Cal Fire.

2.

The parties shall make reasonable efforts to maintain Offender populations in the
Fire Camps in the amounts set forth on Exhibit C, List of Fire Camps, of this
Agreement.

3.

The State shall provide and maintain adequate staffing to provide all required
services to Offenders when such Offenders are under the custody and control of
the State.

4.

Once the County transfers custody of an Offender to the State, such Offender will
be the sole responsibility of the State and will be under the custody and control of
the State, including but not limited to when such Offenders are working on fire
crews with the Fire District.

5.

The State will ensure the secure custody, care, and safekeeping of all Offenders.
The State will be solely responsible for developing and implementing State
policies, procedures, rules, and regulations related to the secure custody, care,
and safekeeping of Offenders in Fire Camps.

6.

The State will provide all services under this Agreement in accordance with all
federal, State, and local law, rules, regulations, policies, procedures, and
correctional standards, including but not limited to Title 15, and all State policies,
procedures, rules, and regulations. The County shall have no liability for the
State's failure to comply with such federal, State, and local rules, regulations,
policies, procedures, and correctional standards. The County shall have no
liability resulting from any State policies, procedures, rules, and regulations which
are or may be later deemed to be non-compliant or in violation of any federal,
State, and local rules, regulations, policies, procedures, and correctional
1

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

standards. The State will provide to the County all State policies, procedures,
rules, and regulations within reasonable notification upon request by County.
The State will provide reasonable notification to the County in the event of any
allegation, investigation, or finding related to the State's non-compliance or
violation of any federal, State, and local rules, regulations, policies, procedures,
and correctional standards.
7.

The State will, at all times, remain in full compliance with the most recent
standards for the prevention, detection, response and monitoring of sexual abuse
in adult prisons and jails (Prison Rape Elimination Act or "PREA"), as required by
the United States Department of Justice.

8.

Except during the initial transition of Fire Camps from State inmates to Offenders
pursuant to Section D(3) of this SOW, the State will provide housing, sustenance,
supervision, education, inmate programs, and other services and
accommodations at the Fire Camps solely to Offenders from the County during
the term of this Agreement. Except during the initial transition of Fire Camps
from State inmates to Offenders pursuant to Section D(3) of this SOW, the State
will not house offenders or inmates from any other law enforcement agency or
public or private entity, nor utilize the Fire Camps in any way for offenders or
inmates from any other law enforcement agency or public or private entity.
Notwithstanding, upon the mutual agreement of the parties, offenders from other
counties or State inmates may be housed in Fire Camps listed on Exhibit C, List
of Fire Camps, either with or without County Offenders, to meet the operational
needs of the parties.

9.

The County shall have the right to audit, inspect, review, and examine the Fire
Camp facilities and its operations and programs, including all documents related
thereto. Such rights include but are not limited to site inspections, review of
investigative materials related to Offender incidents, and examination of
documents related to the care and treatment of Offenders. At the County's sole
discretion, such audits, inspections, reviews, and examinations may be
conducted by the County and/or its agents at anytime with or without advance
notice to the State.

B.

SECURITY AND CLASSIFICATION OF OFFENDERS

1.

The security and classification level of Offenders eligible for Fire Camps
participation are limited to the adult Offenders sentenced to County jail selected
by the County and approved by the State.

2.

The State criteria for participation are attached to the Agreement as follows:


Exhibit D, Fire Camp Offender Criteria – Criminal History
2

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014




Exhibit E, Fire Camp Offender Criteria – Medical/Mental Health/Dental
Exhibit F, County Fire Camp Offender Screening and Processing Form

3.

Prior to the County's submission of an Offender to the State for Fire Camp
placement consideration, the County shall conduct a thorough criminal history
screening consistent with Exhibit D, Fire Camp Offender Criteria – Criminal
History, of the Agreement to determine eligibility for Fire Camp participation.

4.

Prior to the County's submission of an Offender to the State for Fire Camp
placement consideration, the County shall conduct a thorough health care
screening, which includes medical, mental health, and dental examinations
consistent with Exhibit E, Fire Camp Offender Criteria – Medical/Mental
Health/Dental, of the Agreement to determine eligibility for Fire Camp
participation.

5.

At the time of submission by the County of an Offender for Fire Camp placement
consideration, the County shall provide the Fire Camp State Administrative Office
with a completed Exhibit F, County Fire Camp Offender Screening and
Processing Form, of the Agreement, along with all required documentation which
includes copies of all Offender classification data, including commitment and
other judicial orders, and medical, mental health, and dental clearance records.

6.

All Offenders submitted for Fire Camp placement consideration shall be subject
to an initial intake review by the State to confirm that Fire Camp placement is
appropriate. All Offenders shall also be subject to an annual review conducted
by the assigned Fire Camp State Administrative Office to confirm that continued
Fire Camp placement is appropriate.

C.

OFFENDER FIRE SUPPRESSION TRAINING

1.

The County shall provide training in fire suppression activities for male Offenders
prior to placement in a Fire Camp. The fire suppression training for male
Offenders will be provided by the Fire District pursuant to the separate
Memorandum of Agreement between the County and the Fire District. All male
Offenders shall be trained, certified as "fire-ready" (unless medically, physically,
or administratively precluded), and approved by the Fire District prior to
placement in a Fire Camp.

2.

The State will provide training in fire suppression activities for female Offenders.
The fire suppression training for female Offenders will be provided by the State at
the California Institution for Women in Chino, California. All female Offenders
shall be trained, certified as "fire-ready" (unless medically, physically, or
administratively precluded), and approved by the Fire District prior to placement
in a Fire Camp.
3

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

3.

D.

Offenders may be placed into a Fire Camp as a Non Grade Eligible Offender if 1)
the Offender fails the physical fitness or the fire suppression training program,
and 2) the County has identified a special work skill that the Offender possesses
that will allow the State to place the Offender in a Fire Camp, and 3) placement
of the Non Grade Eligible Offender is mutually agreed upon by the County and
the Fire Camp State Administrative Office prior to placement in a Fire Camp.
DELIVERY OF OFFENDERS TO FIRE CAMPS

1.

The County shall be responsible for the transportation and delivery of male
Offenders to the Holton Fire Camp and the costs thereof. The State will be
responsible for the transportation and delivery of male Offenders to an Offender's
assigned Fire Camp. Female Offenders however shall be transported directly by
the County to the California Institution for Women (CIW). The State will be
responsible for the transportation and delivery of female Offenders from the
California Institution for Women to Malibu Fire Camp following their training in fire
suppression activities.

2.

The County and the State shall work cooperatively to coordinate the delivery and
acceptance of Offenders.

3.

At the outset of this Agreement, the date of the initial delivery of the Offenders to
Fire Camps shall be on a date mutually agreed upon by the County, the Fire
District, and the State. The parties agree that Offenders will be phased into the
Fire Camps over time and as they are trained by the Fire District. It is
understood by the parties that there may be Offenders housed with State
inmates during the initial transition period when State inmates are phased out
and Offenders are phased in.

4.

Funds of an individual Offender held in trust by the County shall be provided via
check to the State within seven (7) Business Days of the Offender’s delivery to a
Fire Camp. Offender funds shall be held and managed pursuant to the State
policies, procedures and practices related to Offender trust accounts.

E.

RETURN OF OFFENDERS TO COUNTY

1.

The County shall be responsible for the transportation, and the costs thereof, for
the pick-up and return of an Offender from the Holton or Malibu Fire Camp or
other agreed upon location to the County.

2.

Upon the demand by the State or the County, Offenders shall be delivered to the
custody of the County at a mutually agreed upon time.

3.

In the event that it becomes necessary to remove an Offender from a Fire Camp
or fire training facility due to an increase in healthcare needs beyond those
provided by the State as part of Routine Medical Care, any ongoing or Serious
4

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

Disciplinary reason, an inability to provide a level of custody consistent with the
safety and security of the Offender, staff, and/or the Fire Camp, or an Offender's
refusal to participate in the Fire Camp program, the State will remove the
Offender from the Fire Camp or fire training facility immediately. Following
removal, the State will notify the County and coordinate the Offenders return to
the County. Except as provided in Section Z(5) of this Statement of Work, each
night an Offender is not in a Fire Camp or fire training facility bed but temporarily
housed in a State prison or State contracted medical facility, the County shall be
charged at the Special Custodial Costs Rate set forth on Exhibit B, Price
Schedule, of the Agreement. In the event the Offender requires housing outside
of a State facility due to disciplinary action, all associated costs will be passed to
the County.
4.

The County and the State will coordinate the processing of an Offender prior to
the Offender’s completion of his or her sentence.

5.

All Pre-Release Processing shall be the responsibility of the County. The County
shall be responsible for any earned time/good time credit adjustments for which
an Offender may be eligible while the Offender is in State custody.

6.

When an Offender returns to the County, the State will provide the Offender's
funds from the Offender's trust account, in the form of a check payable to the
County, within seven (7) Business Days of the Offender's return to the County.  
Once the release paperwork is complete, it will be forwarded to Trust Accounting
in Sacramento. The check will be processed and then forwarded to the County.

7.

When an Offender is identified for return to the County, the State will ensure that
the Offender’s Camp File (OCF) is current with documentation to include but not
be limited to program activities (work, education, etc.), classification endorsement
and action, and disciplinary history. Offender records maintained at the Fire
Camp site shall be transported with the Offender upon return to the County.
Files maintained at the Fire Camp State Administrative Office will be mailed to
the County within fourteen (14) calendar days of the County Offender’s departure
from the Fire Camp.

8.

In the event that an Offender is summoned for appearance in court, the County
shall provide any such documentation received by the County to the Fire Camp
State Administrative Office for processing. The County shall assume temporary
custody of the Offender and transport the Offender both to and from the assigned
Fire Camp for local, state, and federal court appearances.

F.

OFFENDER WORK ASSIGNMENTS

1.

All Offenders shall participate in Fire Camp work programs while assigned to a
Fire Camp, including fire suppression work crew assignments, firefighting
5

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

training, in-camp work assignments, and other work assignments, unless
otherwise medically or administratively precluded.
2.

All Offender work assignments shall be assigned and performed in accordance
with Title 15 requirements or as otherwise required by law.

3.

For all injuries incurred by an Offender while an Offender is housed at a Fire
Camp, the County shall not be responsible for the payment of any medical care
or benefits related to an Offender's workers' compensation injuries or claims as
required by California law, including but not limited to California Labor Code
section 3370. The State will be solely responsible for all workers' compensation
claims and benefits, including the administration of the claims, in the same
manner as if the Offender was an inmate of the State. The State, at the State's
option, may provide stated medical coverage in lieu of workers' compensation
benefits, consistent with California law; however, the State remains responsible
for any and all workers' compensation benefits, including past, present, and
future medical benefits, temporary disability payments, permanent disability
payments, home health care costs, and any other benefits or costs arising out of
the workers' compensation claim. Should a workers' compensation claim be filed
against the County arising out of the performance of this Agreement, the State
agrees to defend and indemnify the County for any and all costs, findings, or
expenses incurred by the County or that become an obligation of the County.
Also, the State will reimburse the County for the costs of any and all medical care
provided directly by the County related to an Offender's workers' compensation
injury. If emergency medical care related to a workers' compensation injury is
provided by an emergency medical provider, then the State will pay the
emergency medical provider directly for any and all emergency medical care
costs, including emergency transportation by ambulance costs.

4.

Wages or compensation payable to Offenders for the performance of work
assignments, if any, will be the sole responsibility of the State.

5.

Offenders who refuse to participate in Fire Camp work programs shall be
returned to the County. The County shall transport the Offender back to the
County, at a mutually agreed upon time, following notice to the County from the
State of the Offender's refusal to participate in Fire Camp work programs.

G.

FIRE CAMP FACILITY OPERATIONS

1.

The Fire Camp facilities shall be provided for and maintained in accordance with
the requirements set forth in the Fire District–CDCR Agreement

6

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

2.

Ongoing inspections and tests of the Fire Camp facilities and their building
systems shall be performed in accordance with the requirements set forth in the
Fire District–CDCR Agreement.

3.

The State will maintain an emergency operations manual that identifies a plan of
action in the event of an emergency, such as labor strike, natural disaster, or
Offender unrest. The emergency operations procedures shall include mutual aid
agreements with surrounding law enforcement agencies.

H.

OFFENDER PROGRAM OPERATIONS

1.

Offender program operations shall be directed by the State, in compliance with
all applicable laws, rules, regulations, policies, procedures, and correctional
standards, including Title 15, as well as all State policies, procedures, rules, and
regulations.

2.

The State will develop a policy and procedure manual which describes Fire Camp
regulations on procedures for intake, supervision, count, Offender housing,
visitation, recreation, food services, medical services, discipline, Offender
complaints, Offender release, facility armory, escape, emergency operations, and
security-related operations.

3.

The State will provide to the County all State policies, procedures, rules, and
regulations related to program operations at Fire Camps upon request by the
County.

I.

OFFENDER PROGRAM SERVICES

1.

The Sheriff of Los Angeles County has adopted a philosophy within the jails
known as Education Based Incarceration. It focuses on deterring and mitigating
crime by investing in Offenders through education and rehabilitation and
providing dignity in the jails.

2.

The State will provide and maintain inmate programs for Offenders in keeping
with the spirit of Education Based Incarceration and in consultation with the
County. Offender programming shall be sufficient to meet the minimum
standards required by Title 15 and aimed at reducing recidivism, increasing
employability, and reunifying families.

3.

Offender programs may include, but are not limited to, academic programs, life
skills programs, vocational and technical training programs, behavior modification
programs, religious and volunteer programs, recreation programs, and visitation
and family reunification programs.

7

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

4.

Offender participation in hobby craft programs and the sale of hobby craft items
shall be in accordance with State policies and procedures.

5.

The State will provide Offenders reasonable time, accommodations, and space
for religious services in keeping with Fire Camp security and other necessary
Fire Camp operations and activities. Religious services and counseling may be
provided by local volunteer groups and organizations.

6.

The State will provide recreational opportunities for Offenders on a daily basis.

7.

The State will ensure that all Offenders have court-related access consistent with
State policies and procedures. All Offenders requesting access to a law library
shall be transported back to the County by the County upon notice from the
State.

J.

FOOD SERVICES

1.

The State will provide sustenance and food services to Offenders at Fire Camps,
which meet the minimum dietary and nutritional requirements dictated by Title 15.

2.

Food services shall be provided to Offenders in accordance with State policies
and procedures.

3.

The State will arrange for the purchase of all necessary foods to comply with the
minimum dietary and nutritional requirements dictated by Title 15.

4.

Offender meals shall be prepared and served three (3) times within each 24 hour
period.

5.

The State will provide meal planning, kitchen supervision, and meal preparation.

6.

Necessary food storage and refrigeration space shall be provided, as well as
adequately sized kitchens with required appliances, in accordance with the Fire
District-CDCR Agreement.

7.

All food shall be prepared and stored in accordance with all State and local
codes and regulations.

K.

HOUSING AND HOUSEKEEPING SERVICES

1.

The State will confine and supervise Offenders in accordance with State policies
and procedures. The State will provide security and supervision of Offenders
consistent with State policies and procedures, based upon Offender disciplinary
behavior, program participation, and other activities.
8

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

2.

Dormitory style housing units shall be provided in accordance with the Fire
District-CDCR agreement. Dormitory style housing shall provide both day rooms
and sleeping space for Offenders at the Fire Camps. Offenders shall be housed
in housing units consistent with the Offenders classification and security needs
as determined by the State.

3.

The State will develop and implement a housekeeping plan to ensure the proper
cleanliness of the housing areas.

4.

Offenders shall be required to comply with procedures for maintaining their living
space.

5.

The State will provide all bed linens and towels for use by Offenders. A schedule
for the regular issuance of linens and towels shall be developed and maintained
by the State.

6.

The State will develop, and provide to each Offender, an orientation manual to
educate new Offenders on State policies and procedures related to Fire Camps.
The manual shall address, at a minimum, housekeeping procedures, sick call/pill
call procedures, policies regarding behavior and discipline, and daily routines and
practices.

L.

OFFENDER CLOTHING

1.

The State will provide all Offender clothing for Offenders assigned to Fire Camps
in accordance with the Fire District-CDCR Agreement.

2.

Offender clothing shall be suitable to the climate and to specific work
assignments, as required.

3.

The State will be responsible for the laundry, repair, and replacement of Offender
State issued clothing during the Offender’s incarceration at the Fire Camp to
ensure clean clothes on at least a weekly basis. The State will develop a plan,
procedure, and a schedule for the exchange of clean Offender clothing.

4.

Upon admission and intake of Offenders to the assigned Fire Camp, each
Offender shall be issued clothing consistent with current State policies and
procedures.

5.

Other specialized clothing and safety equipment shall also be issued to
Offenders, as necessary, consistent with State policies and procedures.

6.

The County shall provide County-issued clothing to the Offender prior to the
Offender's permanent return to the County.
9

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

M.

VISITATION

1.

Offenders shall be provided visitation privileges in accordance with Title 15
requirements. The schedule and hours of visitation shall be in accordance with
State policies and procedures.

2.

The State will provide space, opportunity, furniture, and equipment for visitation
as determined by the State.

3.

Offender visitors shall be approved per the current State approval process prior
to visitation with an Offender.

N.

CANTEEN

1.

Offenders shall be provided with canteen services in accordance with Title 15
requirements and State policies and procedures.

2.

The State reserves the right to disapprove any canteen items for Offenders. The
State reserves the right to exclude any canteen item deemed by the State to be a
security risk.

3.

The State will implement a quarterly package program for Offenders consistent
with State policies and procedures. The State reserves the right to exclude any
quarterly package item deemed by the State to be a security risk.

O.

MAIL

1.

Offenders shall be provided regular mail service consistent with Title 15
requirements and State policies and procedures.

2.

Indigent Offenders shall be provided with supplies for correspondence for up to
the price of twenty (20) one (1) ounce first class letters per month. However, no
request for mailing of verified legal mail shall be denied under this provision
regardless of postage limit or financial status of the Offender. The State is
entitled to recoup postage fees when the Offender has sufficient funds in his
Offender trust account.

3.

Pursuant to the State policy, all non-confidential Offender mail, incoming or
outgoing, is subject to being read by designated State staff.

4.

All incoming and outgoing mail and packages shall be searched for contraband.

10

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

P.

TELEPHONE

1.

Offenders shall be provided access to telephone service in accordance with Title
15 requirements and State policy and procedures.

Q.

OFFENDER PROPERTY

1.

Offenders shall be allowed to possess personal property consistent with State
policies and procedures. The allowable property list is attached as Exhibit H,
State Allowable Property for Offenders, to the Agreement. Exclusions may be
granted based on Fire Camp security requirements.

2.

The State will follow State policies and procedures on the disposition of Offender
property. The State will compensate Offenders for lost or damaged property due
to the negligence of the State in accordance with applicable remedies consistent
with State policies and procedures. The County shall not be responsible for such
lost or damaged property, and the State will indemnify the County for any and all
claims, losses, liabilities, etc., attributable to such lost or damaged property while
in State custody.

3.

At the time of an Offender's return to the County, only property allowable by the
County may be transported back to the County with the Offender. The allowable
property list is attached as Exhibit I, County Allowable Property for Offenders, to
the Agreement. The State will inform all Offenders of the allowable County
property and assist the Offender with its disposition in accordance with State
policies and procedures prior to return to the County.

R.

OFFENDER COMPLAINTS

1.

The State will have and maintain a process for handling Offender complaints and
grievances related to conditions of Fire Camp confinement and other State
actions and decisions made while the Offender is in State custody. The State will
retain final authority on all issues of resolution and appeals related to State
decisions and actions.

2.

Offender complaints and grievances related to County decisions and actions
shall be remedied via the County's complaint process. The County shall retain
final authority on all issues of resolution and appeals related to County decisions
and actions.

S.

STAFFING

1.

The County shall not be responsible for the recruitment, hiring, and training of
State Fire Camp staff.
11

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

2.

The State staff shall meet State and California Peace Officer Standards and
Training (POST) staffing requirements and background clearances.

3.

The State staff shall be Correctional Officers, who have completed the minimum
standards for training of correctional officers established by the Board of State
and Community Corrections, State of California, pursuant to Penal Code Section
6035.

4.

The State staff shall have specific duties relating to the security of the facility and
the safety of the community, staff, and Offenders. The State will provide security
and supervision for Offenders assigned to the Fire Camp whether in the Fire
Camp or elsewhere.

5.

The State staff recruitment will follow the guidelines and standards for personnel
selection established by the Board of State and Community Corrections, State of
California, as part of its standard training for corrections programs.

T.

STAFF TRAINING

1.

The State will develop and implement a training program for all State custody
staff hired for the Fire Camp. The training program will be in accordance with
training standards and guidelines developed by the Board of State and
Community Corrections, State of California, and promulgated through the
Standards and Trainings for Corrections Program.

U.

COMMUNICATION OPERATIONS

1.

The State shall at all times maintain radio and other communication operations in
the Fire Camps which are adequate and appropriate for the administration,
security, and safety of the Fire Camp facility, staff, and Offenders.

2.

Fire Camp radio operations shall be conducted in accordance with Federal
Communications Commission procedures and guidelines.

V.

FINANCIAL MANAGEMENT OF FUNDS AND INTERNAL CONTROL

1.

The State will establish and maintain sufficient accounting, internal control,
financial reporting, and administrative capacity to effectively administer the
services required under this Agreement.

2.

The State Project Director will be responsible for accounting of all program and
facility costs, maintaining all financial records including Offender trust funds, and
serving as State's liaison to County fiscal authorities. The State Project Director
shall be assisted by the Fire Camp State Administrative Office.
12

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

3.

The State Project Director will ensure that accounting and financial records
management practices meet generally accepted standards.

4.

In accordance with Paragraph 8.33, Record Retention and Inspection/Audit
Settlement, of this Agreement, the County may conduct periodic audits of any
and all records relating to this Agreement. Such audits may be conducted by any
State or federal auditor or agent or an outside accountant or agent employed by
the County.

5.

When an Offender is transferred to the State from the County, the balance of
such Offender's trust account shall also be transferred to the State. If the
Offender is transferred back to the County or to another facility, the balance of
the Offender's trust account shall also be transferred.

6.

Upon notification of a court order for restitution by a County Offender, the State
agrees to collect funds from wages and account deposits from the County
Offender’s trust account. All collected funds will be remitted in a manner that
adheres to Title 15, Subchapter 2, Article 1.5, Section 3097 of the California
Code of Regulations (15 CCR § 3097).

W.

ESCAPES

1.

In the event of an escape by an Offender from Fire Camp custody, the State will
initiate efforts to apprehend such Offender and notify the State I.D./Warrants Unit
and the local law enforcement agencies as required by State statute in the same
manner it uses for any other State escapees.

2.

The State will immediately, or as soon as reasonably practicable but no later than
one (1) hour following the State's knowledge of the escape, notify the
Department Fire Camp Operations if the escape occurs during regular business
hours. If the escape occurs outside of regular business hours, then notification
shall be made to the Watch Commander at the Pitchess Detention Center –
South Facility.

3.

If the escaped Offender is located within the first twenty-four (24) hours, then the
Department Fire Camp Operations shall be notified and will respond to the
assigned Fire Camp to accept responsibility of the Offender within twenty-four
(24) hours of notification to the Department Fire Camp Operations.

4.

If, after twenty-four (24) hours, the Offender has not been located, then the
County shall assume and be responsible for the escape pursuit and investigation.

5.

In the event of an Offender escape, the State will be responsible for all first
reports, which will be filed with the local District Attorney's office.
13

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

X.

NOTIFICATION
DISCIPLINE

1.

Offender-related incidents, emergencies, and discipline shall be reported to
Department Fire Camp Operations as soon as reasonably practicable after the
incident, emergency, or disciplinary matter.

2.

All Offenders are subject to State policies, rules, and regulations regarding
conduct and behavior. The State will be responsible for adjudicating any
disciplinary matters while Offenders are in State custody.

Y.

OFFENDER RECORDS AND PROGRESS REPORTS

1.

The State will handle and maintain all Offender OCFs and ensure compliance
consistent with the State policies and procedures.

2.

Offender records regarding Offenders while at the Fire Camp shall be collected
and maintained by the State on-site at the Fire Camps in accordance with State
record-keeping practices and operating requirements governing confidentiality.

3.

OCF's shall not be maintained inside housing units or easily accessible to the
Offender population.

4.

Upon request, all records, reports, and documents related to Offenders, including
but not limited to Offender work/education-vocation records, will be made
available to the County for review immediately upon request. When an Offender
is transferred from the Fire Camp, the records provided by the County and
additional information compiled while the Offender was at the Fire Camp will be
updated and transported with the Offender to his/her new location. The record
consists of reports, timesheets, staff memos, correspondence, medical records,
and other documentation relating to behavior of the Offender.
All warrants/holds/detainers received by the County for an Offender shall be
forwarded to the Fire Camp State Administrative Office within twenty-four (24)
hours of receipt by the County. The County and the State shall work
cooperatively to coordinate the transportation of the Offender by the County.

5.

6.

OF

OFFENDER

INCIDENTS,

EMERGENCIES,

AND

The County shall perform all time calculations for Offenders while housed in the
Fire Camps and shall provide the State with an initial Offender release date and
any subsequent changes to the Offender release date. This information is
required to facilitate return of the Offender to the County within forty-eight (48)
hours of his/her release.

14

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

Z.

MEDICAL SERVICES

1.

The State will ensure that all Offenders are provided all necessary routine
medical care.

2.

All medical care shall be provided in compliance with Title 15 requirements and
as other required by law.

3.

The State will develop and implement State policies and procedures for the
provision of all medical care, including medical procedures for the dispensing of
medication.

4.

In the event that it becomes necessary to remove an Offender from the Fire
Camp due to an increase in medical care needs beyond that provided by the
State as Routine Medical Care, the State will notify the Department Fire Camp
Operations to coordinate the pick-up and transport of the Offender by the County
to the County for Non-Routine Medical Care.

5.

Emergency, life-threatening Non-Routine Medical Care shall be provided off-site
by emergency medical providers within the vicinity of the Fire Camp, and the
emergency transport to the emergency medical provider may be provided by
ambulance. The State will provide custody supervision of the Offender, and
transportation if necessary, at no additional charge to the County while the
Offender is at the emergency medical facility for treatment. The State will
provide supervision until such time as the Offender is transported back to the Fire
Camp or the County assumes supervision of the Offender. The State will provide
notice to Department Fire Camp Operations as soon as reasonably practicable
but no later than four (4) hours after the occurrence of the Offender's condition
that gave rise to the need for hospitalization or emergency treatment. State
procedures, including transportation and custody of Offenders, shall be
developed and implemented for handling emergency, life-threatening NonRoutine Medical Care for Offenders. All procedures shall be made available to
the County within a reasonable amount of time upon request.

6.

If, either upon arrival from the County or during incarceration, the State
determines that an Offender (1) is not in a sufficient medical condition to be, or
remain to be, housed at the Fire Camp, or (2) has serious medical, mental
health, or dental needs which cannot be accommodated at the Fire Camp, then
said Offender shall be returned to the County. The State will notify the
Department Fire Camp Operations to coordinate the pick-up and transport of the
Offender by the County.

7.

Any Offender suspected of being sexually assaulted shall be transported by the
State to the local emergency medical provider for treatment, and a rape kit shall
15

EXHIBIT A
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

be sent to the hospital with the State custody staff, consistent with the State
Prison Rape Elimination Act (PREA) protocols.
8.

The State will have written policies and procedures to support the management
and prevention of infectious diseases.

16

EXHIBIT B
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

PRICE SCHEDULE
1. Offender Per-Diem Rate
The Offender Per-Diem Rate shall be an all-inclusive daily rate for all fire
suppression services for one (1) Offender, including, but not limited to, housing,
sustenance, supervision, education, Offender programs, Routine Medical Care, and
other services and accommodations as required by this Agreement and otherwise by
law. The Offender Per-Diem Rate does not include the costs of Non-Routine
Medical Care or Special Custodial Costs.

$10.00*

OFFENDER PER-DIEM RATE

2. Offender Per-Diem Rate - Female Offender in Training
The Offender Per-Diem Rate for female Offenders in training shall be an all-inclusive
daily rate for all fire suppression training services for one (1) female Offender,
including but not limited to, housing, sustenance, supervision, education, Offender
programs, Routine Medical Care, and other services and accommodations as
required by this Agreement and otherwise by law. The Offender Per-Diem Rate for
female Offenders in training does not include the costs of Non-Routine Medical Care
or Special Custodial Costs.

$81.00*

OFFENDER PER-DIEM RATE

3. Special Custodial Costs Rate
The Special Custodial Costs Rate shall be an all-inclusive daily rate for
transportation and custody supervision of an Offender to any destination previously
approved by the County or when an Offender is temporarily housed at a State prison
or State contracted medical facility.
SPECIAL CUSTODIAL COSTS RATE

$77.00*

*If, at any time during the term of this Agreement, CDCR offers fire suppression camp services
to any county at offender per-diem rates and/or a special custodial costs rate lower than the
Offender Per-Diem Rates and/or the Special Custodial Costs Rate set forth herein, then (1)
CDCR shall extend those lower rates to the County within a reasonable timeframe - not to
exceed thirty (30) calendar days - unless CDCR can demonstrate that extending the lower
rates would be cost prohibitive to CDCR, and (2) if the lower rates are extended to County, this
Agreement shall be amended in accordance with Paragraph 8.1.3 of this Agreement to
decrease the Offender Per-Diem Rates and/or the Special Custodial Costs Rate set forth herein
to reflect the lower rates.
County of Los Angeles
Sheriff's Department

Fire Suppression Camp Services Agreement
Price Schedule

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

AGREEMENT
CONTRACTOR’S OBLIGATIONS AS A
“BUSINESS ASSOCIATE” UNDER THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996
AND THE HEALTH CARE INFORMATION TECHNOLOGY
FOR ECONOMIC AND CLINICAL HEALTH ACT
(BUSINESS ASSOCIATE AGREEMENT)
Under this Agreement, Contractor (“Business Associate”) provides services (“Services”)
to County (“Covered Entity”) and Business Associate receives, has access to or creates
Protected Health Information in order to provide those Services.
Covered Entity is subject to the Administrative Simplification requirements of the Health
Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), and
regulations promulgated thereunder, including the Standards for Privacy of Individually
Identifiable Health Information (“Privacy Regulations”) and the Health Insurance Reform:
Security Standards (“the Security Regulations”) at 45 Code of Federal Regulations
(C.F.R.) Parts 160 and 164 (together, the “Privacy and Security Regulations”). The
Privacy and Security Regulations require Covered Entity to enter into a contract with
Business Associate ("Business Associate Agreement") in order to mandate certain
protections for the privacy and security of Protected Health Information, and those
Regulations prohibit the disclosure to or use of Protected Health Information by Business
Associate if such a contract is not in place.
Further, pursuant to the Health Information Technology for Economic and Clinical Health
Act, Public Law 111-005, title XIII and title IV of Division B, ("HITECH Act"), effective
February 17, 2010, certain provisions of the HIPAA Privacy and Security Regulations
apply to Business Associates in the same manner as they apply to Covered Entity and
such provisions must be incorporated into the Business Associate Agreement.
This Business Associate Agreement and the following provisions are intended to protect
the privacy and provide for the security of Protected Health Information disclosed to or
used by Business Associate in compliance with HIPAA's Privacy and Security
Regulations and the HITECH Act, as they now exist or may hereafter be amended.
Therefore, the parties agree as follows:
DEFINITIONS
1.1

"Breach" has the same meaning as the term “breach" in 45 C.F.R. § 164.402.

1.2

“Disclose” and “Disclosure” mean, with respect to Protected Health Information,
the release, transfer, provision of access to, or divulging in any other manner of
Protected Health Information outside Business Associate’s internal operations or
to other than its employees.
1

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

1.3

“Electronic Health Record” has the same meaning as the term “electronic health
record" in the HITECH Act, 42 U.S.C. section 17921. Electronic Health Record
means an electronic record of health-related information on an individual that is
created, gathered, managed, and consulted by authorized health care clinicians
and staff.

1.4

“Electronic Media” has the same meaning as the term “electronic media” in 45
C.F.R. § 160.103. Electronic Media means (1) Electronic storage media including
memory devices in computers (hard drives) and any removable/transportable
digital memory medium, such as magnetic tape or disk, optical disk, or digital
memory card; or (2) Transmission media used to exchange information already in
electronic storage media. Transmission media include, for example, the internet
(wide-open), extranet (using internet technology to link a business with information
accessible only to collaborating parties), leased lines, dial-up lines, private
networks, and the physical movement of removable/transportable electronic
storage media. Certain transmissions, including of paper, via facsimile, and of
voice, via telephone, are not considered to be transmissions via electronic media,
because the information being exchanged did not exist in electronic form before
the transmission. The term “Electronic Media” draws no distinction between
internal and external data, at rest (that is, in storage) as well as during
transmission.

1.5

“Electronic Protected Health Information” has the same meaning as the term
“electronic protected health information” in 45 C.F.R. § 160.103. Electronic
Protected Health Information means Protected Health Information that is (i)
transmitted by electronic media; (ii) maintained in electronic media.

1.6

“Individual” means the person who is the subject of Protected Health Information
and shall include a person who qualifies as a personal representative in
accordance with 45 C.F.R. § 164.502(g).

1.7

"Minimum Necessary" refers to the minimum necessary standard in 45 C.F.R. §
162.502 (b) as in effect or as amended.

1.8

"Privacy Rule" means the Standards for Privacy of Individually Identifiable Health
Information at 45 Code of Federal Regulations (C.F.R.) Parts 160 and 164, also
referred to as the Privacy Regulations.

1.9

“Protected Health Information” has the same meaning as the term “protected
health information” in 45 C.F.R. § 160.103, limited to the information created or
received by Business Associate from or on behalf of Covered Entity. Protected
Health Information includes information that (i) relates to the past, present or future
physical or mental health or condition of an Individual; the provision of health care
to an Individual, or the past, present or future payment for the provision of health
2

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

care to an Individual; (ii) identifies the Individual (or for which there is a reasonable
basis for believing that the information can be used to identify the Individual); and
(iii) is received by Business Associate from or on behalf of Covered Entity, or is
created by Business Associate, or is made accessible to Business Associate by
Covered Entity. “Protected Health Information” includes Electronic Health
Information.
1.10

“Required By Law” means a mandate contained in law that compels an entity to
make a Use or Disclosure of Protected Health Information and that is enforceable
in a court of law. Required by law includes, but is not limited to, court orders and
court-ordered warrants; subpoenas or summons issued by a court, grand jury, a
governmental or tribal inspector general, or any administrative body authorized to
require the production of information; a civil or an authorized investigative demand;
Medicare conditions of participation with respect to health care providers
participating in the program; and statutes or regulations that require the production
of information, including statutes or regulations that require such information if
payment is sought under a government program providing benefits.

1.11

“Security Incident” means the attempted or successful unauthorized access, Use,
Disclosure, modification, or destruction of information in, or interference with
system operations of, an Information System which contains Electronic Protected
Health Information. However, Security Incident does not include attempts to
access an Information System when those attempts are not reasonably considered
by Business Associate to constitute an actual threat to the Information System.

1.12

"Security Rule" means the Security Standards for the Protection of Electronic
Health Information also referred to as the Security Regulations at 45 Code of
Federal Regulations (C.F.R.) Part 160 and 164.

1.13

“Services” has the same meaning as in the body of this Agreement.

1.14

"Unsecured Protected Health Information" has the same meaning as the term
“unsecured protected health information" in 45 C.F.R. § 164.402.

1.15

“Use” or “Uses” mean, with respect to Protected Health Information, the sharing,
employment, application, utilization, examination or analysis of such Information
within Business Associate’s internal operations.

1.16

Terms used, but not otherwise defined in this Business Associate Agreement shall
have the same meaning as those terms in the HIPAA Regulations and HITECH
Act.

3

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

OBLIGATIONS OF BUSINESS ASSOCIATE
2.1

Permitted Uses and Disclosures of Protected Health Information.
Associate:

Business

(a) shall Use and Disclose Protected Health Information only as necessary to
perform the Services, and as provided in Sections 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10,
4.3 and 5.2 of this Agreement;
(b) shall Disclose Protected Health Information to Covered Entity upon request;
(c) may, as necessary for the proper management and administration of its
business or to carry out its legal responsibilities:
(i) Use Protected Health Information; and
(ii) Disclose Protected Health Information if the Disclosure is Required by
Law.
Business Associate shall not Use or Disclose Protected Health Information for any
other purpose or in any manner that would constitute a violation of the Privacy
Regulations or the HITECH Act if so Used or Disclosed by Covered Entity.
2.2

Prohibited Uses and Disclosures of Protected Health Information.
Associate:

Business

(a) shall not Use or Disclose Protected Health Information for fundraising or
marketing purposes.
(b) shall not disclose Protected Health Information to a health plan for payment or
health care operations purposes if the Individual has requested this special
restriction and has paid out of pocket in full for the health care item or service
to which the Protected Health Information solely relates.
(c) shall not directly or indirectly receive payment in exchange for Protected Health
Information, except with the prior written consent of Covered Entity and as
permitted by the HITECH Act. This prohibition shall not affect payment by
Covered Entity to Business Associate. Covered Entity shall not provide such
written consent except upon express approval of the departmental privacy
officer and only to the extent permitted by law, including HIPAA and the
HITECH Act.

4

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

2.3

Adequate Safeguards for Protected Health Information. Business Associate:
(a) shall implement and maintain appropriate safeguards to prevent the Use or
Disclosure of Protected Health Information in any manner other than as
permitted by this Business Associate Agreement. Business Associate agrees
to limit the Use and Disclosure of Protected Health Information to the Minimum
Necessary in accordance with the Privacy Regulation’s minimum necessary
standard as in effect or as amended.
(b) as to Electronic Protected Health Information, shall implement and maintain
administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of Electronic
Protected Health Information; effective February 17, 2010, said safeguards
shall be in accordance with 45 C.F.R. Sections 164.308, 164.310, and 164.312,
and shall comply with the Security Rule's policies and procedure and
documentation requirements.

2.4

Reporting Non-Permitted Use or Disclosure and Security Incidents and Breaches
of Unsecured Protected Health Information. Business Associate
(a) shall report to Covered Entity each Use or Disclosure of Protected Health
Information that is made by Business Associate, its employees,
representatives, Agents, subcontractors, or other parties under Business
Associate's control with access to Protected Health Information but which is not
specifically permitted by this Business Associate Agreement or otherwise
required by law.
(b) shall report to Covered Entity each Security Incident of which Business
Associate becomes aware.
(c) shall notify Covered Entity of each Breach by Business Associate, its
employees, representatives, agents or subcontractors of Unsecured Protected
Health Information that is known to Business Associate or, by exercising
reasonable diligence, would have been known to Business Associate.
Business Associate shall be deemed to have knowledge of a Breach of
Unsecured Protected Health Information if the Breach is known, or by
exercising reasonable diligence would have been known, to any person, other
than the person committing the Breach, who is an employee, officer, or other
agent of the Business Associate as determined in accordance with the federal
common law of agency.
2.4.1

Immediate Telephonic Report. Except as provided in Section 2.4.3,
notification shall be made immediately upon discovery of the nonpermitted Use or Disclosure of Protected Health Information, Security
5

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

Incident or Breach of Unsecured Protected Health Information by
telephone call to (562) 940-3335.
2.4.2

Written Report. Except as provided in Section 2.4.3, the initial
telephonic notification shall be followed by written notification made
without unreasonable delay and in no event later than three (3)
Business Days from the date of discovery of the non-permitted Use or
Disclosure of Protected Health Information, Security Incident, or
Breach by the Business Associate to the Chief Privacy Officer at:
Chief Privacy Officer
Kenneth Hahn Hall of Administration
500 West Temple Street
Suite 525
Los Angeles, California 90012
HIPAA@auditor.lacounty.gov
(213) 974-2166
(a)

The notification required by section 2.4 shall include, to the extent
possible, the identification of each Individual whose Unsecured
Protected Health Information has been, or is reasonably believed
by the Business Associate to have been, accessed, acquired,
Used, or Disclosed; and

(b)

The notification required by section 2.4 shall include, to the extent
possible, all information required to provide notification to the
Individual under 45 C.F.R. 164.404(c), including:
(i)

A brief description of what happened, including the date of
the Breach and the date of the discovery of the Breach, if
known;

(ii)

A description of the types of Unsecured Protected Health
Information that were involved in the Breach (such as
whether full name, social security number, date of birth,
home address, account number, diagnosis, disability code,
or other types of information were involved);

(iii) Any other details necessary to conduct an assessment of
whether there is a risk of harm to the Individual;
(iv) Any steps Business Associate believes that the Individual
could take to protect him or herself from potential harm
resulting from the breach;
6

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

(v)

A brief description of what Business Associate is doing to
investigate the Breach, to mitigate harm to the Individual,
and to protect against any further Breaches; and

(vi) The name and contact information for the person most
knowledge regarding the facts and circumstances of the
Breach.
If Business Associate is not able to provide the information specified
in section 2.3.2 (a) or (b) at the time of the notification required by
section 2.4.2, Business Associate shall provide such information
promptly thereafter as such information becomes available.
2.4.3

Request for Delay by Law Enforcement. Business Associate may
delay the notification required by section 2.4 if a law enforcement
official states to Business Associate that notification would impede a
criminal investigation or cause damage to national security. If the law
enforcement official's statement is in writing and specifies the time for
which a delay is required, Business Associate
shall
delay
notification, notice, or posting for the time period specified by the
official; if the statement is made orally, Business Associate shall
document the statement, including the identity of the official making
the statement, and delay notification, notice, or posting temporarily and
no longer than thirty (30) calendar days from the date of the oral
statement, unless a written statement as described in paragraph (a) of
this section is submitted during that time.

2.5

Mitigation of Harmful Effect. Business Associate agrees to mitigate, to the extent
practicable, any harmful effect that is known to Business Associate of a Use or
Disclosure of Protected Health Information by Business Associate in violation of
the requirements of this Business Associate Agreement.

2.6

Breach Notification. Business Associate shall, to the extent Covered Entity
determines that there has been a Breach of Unsecured Protected Health
Information, provide Breach notification for each and every Breach of Unsecured
Protected Health Information by Business Associate, its employees,
representatives, agents or subcontractors, in a manner that permits Covered Entity
to comply with its obligations under Subpart D, Notification in the Case of Breach
of Unsecured PHI, of the Privacy and Security Regulations, including:
(a) Notifying each Individual whose Unsecured Protected Health Information has
been, or is reasonably believed to have been, accessed, acquired, Used, or
Disclosed as a result of such Breach;

7

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

(b) The notification required by paragraph (a) of this Section 2.6 shall include, to
the extent possible:
(i)

A brief description of what happened, including the date of the Breach and
the date of the discovery of the Breach, if known;

(ii) A description of the types of Unsecured Protected Health Information that
were involved in the Breach (such as whether full name, social security
number, date of birth, home address, account number, diagnosis,
disability code, or other types of information were involved);
(iii) Any steps the Individual should take to protect him or herself from potential
harm resulting from the Breach;
(iv) A brief description of what Business Associate is doing to investigate the
Breach, to mitigate harm to individuals, and to protect against any further
Breaches;
(v) Contact procedures for Individual(s) to ask questions or learn additional
information, which shall include a toll-free telephone number, an e-mail
address, Web site, or postal address; and
(vi) The notification required by paragraph (a) of this section shall be written
in plain language.
Covered Entity, in its sole discretion, may elect to provide the notification required
by this Section 2.6, and Business Associate shall reimburse Covered Entity any
and all costs incurred by Covered Entity, including costs of notification, internet
posting, or media publication, as a result of Business Associate's Breach of
Unsecured Protected Health Information.
2.7

Availability of Internal Practices, Books and Records to Government Agencies.
Business Associate agrees to make its internal practices, books and records
relating to the Use and Disclosure of Protected Health Information available to the
Secretary of the federal Department of Health and Human Services for purposes
of determining Covered Entity’s compliance with the Privacy and Security
Regulations. Business Associate shall immediately notify Covered Entity of any
requests made by the Secretary and provide Covered Entity with copies of any
documents produced in response to such request.

2.8

Access to Protected Health Information. Business Associate shall, to the extent
Covered Entity determines that any Protected Health Information constitutes a
“designated record set” as defined by 45 C.F.R. § 164.501, make the Protected
Health Information specified by Covered Entity available to the Individual(s)
identified by Covered Entity as being entitled to access and copy that Protected
8

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

Health Information. Business Associate shall provide such access for inspection
of that Protected Health Information within two (2) Business Days after receipt of
request from Covered Entity. Business Associate shall provide copies of that
Protected Health Information within five (5) Business Days after receipt of request
from Covered Entity. If Business Associate maintains an Electronic Health Record,
Business Associate shall provide such information in electronic format to enable
Covered Entity to fulfill its obligations under the HITECH Act.
2.9

Amendment of Protected Health Information. Business Associate shall, to the
extent Covered Entity determines that any Protected Health Information
constitutes a “designated record set” as defined by 45 C.F.R. § 164.501, make any
amendments to Protected Health Information that are requested by Covered
Entity. Business Associate shall make such amendment within ten (10) Business
Days after receipt of request from Covered Entity in order for Covered Entity to
meet the requirements under 45 C.F.R. § 164.526.

2.10

Accounting of Disclosures. Upon Covered Entity’s request, Business Associate
shall provide to Covered Entity an accounting of each Disclosure of Protected
Health Information made by Business Associate or its employees, agents,
representatives or subcontractors, in order to permit Covered Entity to respond to
a request by an Individual for an accounting of disclosures of Protected Health
Information in accordance with 45 C.F.R. § 164.528 and/or the HITECH Act which
requires an Accounting of Disclosures of Protected Health Information maintained
in an Electronic Health Record for treatment, payment, and health care operations.
However, Business Associate is not required to provide an Accounting of
Disclosures that are necessary to perform the Services because such Disclosures
are for either payment or health care operations purposes, or both.
Any accounting provided by Business Associate under this Section 2.10 shall
include: (a) the date of the Disclosure; (b) the name, and address if known, of the
entity or person who received the Protected Health Information; (c) a brief
description of the Protected Health Information disclosed; and (d) a brief statement
of the purpose of the Disclosure. For each Disclosure that could require an
accounting under this Section 2.10, Business Associate shall document the
information specified in (a) through (d), above, and shall securely maintain the
information for six (6) years from the date of the Disclosure. Business Associate
shall provide to Covered Entity, within ten (10) Business Days after receipt of
request from Covered Entity, information collected in accordance with this Section
2.10 to permit Covered Entity to respond to a request by an Individual for an
accounting of disclosures of Protected Health Information in accordance with 45
C.F.R. § 164.528. If Business Associate maintains an Electronic Health Record,
Business Associate shall provide such information in electronic format to enable
Covered Entity to fulfill its obligations under the HITECH Act.

9

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

2.11

Indemnification. Business Associate shall indemnify, defend, and hold harmless
Covered Entity, including its elected and appointed officers, employees, and
agents, from and against any and all liability, including but not limited to demands,
claims, actions, fees, costs, penalties and fines (including regulatory penalties
and/or fines), and expenses (including attorney and expert witness fees), arising
from or connected with Business Associate's acts and/or omissions arising from
and/or relating to this Business Associate Agreement; Business Associate's
obligations under this provision extend to compliance and/or enforcement actions
and/or activities, whether formal or informal, of Secretary of the federal Department
of Health and Human Services and/or Office for Civil Rights.

3.0

OBLIGATION OF COVERED ENTITY

3.1

Obligation of Covered Entity. Covered Entity shall notify Business Associate of
any current or future restrictions or limitations on the use of Protected Health
Information that would affect Business Associate’s performance of the Services,
and Business Associate shall thereafter restrict or limit its own uses and
disclosures accordingly.

4.0

TERM AND TERMINATION

4.1

Term. The term of this Business Associate Agreement shall be the same as the
term of this Agreement. Business Associate’s obligations under Sections 2.1 (as
modified by Section 4.2), 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 4.3 and 5.2 shall survive
the termination or expiration of this Agreement.

4.2

Termination for Cause. In addition to and notwithstanding the termination
provisions set forth in this Agreement, upon either party's knowledge of a material
breach by the other party, the party with knowledge of the other party's breach
shall:
(a) Provide an opportunity for the breaching party to cure the breach or end the
violation and terminate this Agreement if the breaching party does not cure the
breach or end the violation within the time specified by the non-breaching party;
(b) Immediately terminate this Agreement if a party has breached a material term
of this Agreement and cure is not possible; or
(c) If neither termination nor cure is feasible, report the violation to the Secretary
of the federal Department of Health and Human Services.

4.3

Disposition of Protected Health Information Upon Termination or Expiration.
(a) Except as provided in paragraph (b) of this section, upon termination for any
reason or expiration of this Agreement, Business Associate shall return or
10

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

destroy all Protected Health Information received from Covered Entity, or
created or received by Business Associate on behalf of Covered Entity. This
provision shall apply to Protected Health Information that is in the possession
of subcontractors or agents of Business Associate. Business Associate shall
retain no copies of the Protected Health Information.
(b) In the event that Business Associate determines that returning or destroying
the Protected Health Information is infeasible, Business Associate shall provide
to Covered Entity notification of the conditions that make infeasible. If return or
destruction is infeasible, Business Associate shall extend the protections of this
Business Associate Agreement to such Protected Health Information and limit
further Uses and Disclosures of such Protected Health Information to those
purposes that make the return or destruction infeasible, for so long as Business
Associate maintains such Protected Health Information.
5.0

MISCELLANEOUS

5.1

No Third Party Beneficiaries. Nothing in this Business Associate Agreement shall
confer upon any person other than the parties and their respective successors or
assigns, any rights, remedies, obligations, or liabilities whatsoever.

5.2

Use of Subcontractors and Agents. Business Associate shall require each of its
agents and subcontractors that receive Protected Health Information from
Business Associate, or create Protected Health Information for Business
Associate, on behalf of Covered Entity, to execute a written agreement obligating
the agent or subcontractor to comply with all the terms of this Business Associate
Agreement.

5.3

Relationship to Services Agreement Provisions. In the event that a provision of
this Business Associate Agreement is contrary to another provision of this
Agreement, the provision of this Business Associate Agreement shall control.
Otherwise, this Business Associate Agreement shall be construed under, and in
accordance with, the terms of this Agreement.

5.4

Regulatory References. A reference in this Business Associate Agreement to a
section in the Privacy or Security Regulations means the section as in effect or as
amended.

5.5

Interpretation. Any ambiguity in this Business Associate Agreement shall be
resolved in favor of a meaning that permits Covered Entity to comply with the
Privacy and Security Regulations.

11

EXHIBIT J
Amended and restated pursuant
to Amendment 1
Effective January 1, 2014

5.6

Amendment. The parties agree to take such action as is necessary to amend this
Business Associate Agreement from time to time as is necessary for Covered
Entity to comply with the requirements of the Privacy and Security Regulations and
other privacy laws governing Protected Health Information

12