HomeMy WebLinkAbout05 APPROVAL OF AGREEMENT WITH COUNTY OF ORANGEMEETING DATE: MAY 1, 2012
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
SUBJECT: APPROVE AN AGREEMENT FOR POINT OF DISPENSING (POD) SITE
EQUIPMENT SERVICES BETWEEN THE COUNTY OF ORANGE AND THE
CITY OF TUSTIN
SUMMARY
Approval of a Point of Dispensing Equipment agreement with the County of Orange will result in
the City receiving equipment required to operate two Point of Dispensing sites during a pandemic
incident or other emergencies.
RECOMMENDATION
It is recommended that the City Council approve an Agreement for Point of Dispensing (POD) Site
Equipment Services between the County of Orange and the City and authorize the Mayor and City
Clerk to execute the contract documents.
FISCAL IMPACT
There is no fiscal impact associated with this item.
DISCUSSION
In December of 2010, the City Council approved an agreement to participate in the County of
Orange Health Care Agency's regional effort to develop Point of Dispensing (POD) plans for all
County cities. A POD site is a location /facility that can be utilized to provide food, water, medical
supplies and medications to local residents during an emergency event such as an earthquake or
pandemic.
The City's POD plan was developed with oversight and guidance from Health Care Agency and
was completed in the spring of 2011. Two POD sites were selected to provide adequate capacity
to provide services for the City's residents; the Clifton Miller Community Center and the Columbus
Tustin Gymnasium. Included in the plan is specific information on site utilization, traffic control,
staffing and the equipment required to activate the sites on short notice. Pre incident action plans
have also been developed to identify specific City and outside agency responsibilities.
The Health Care Agency is now requesting the City enter into a follow on agreement which will
result in the City receiving equipment required to operate the two POD sites simultaneously in the
event of emergency event. There is no cost to the City associated with the acquisition of the
equipment.
POD Equipment Agreement
May 1, 2012
Page 2
The Agreement has been reviewed by the City Attorney and their comments were incorporated into
the final document. Staff is recommending that the City Council approve the Agreement and
authorize the Mayor and City Clerk to execute the contract documents.
las !. Stack, P.E.
for Public Works /City Engineer
Attachment: POD Agreement
S: \City Council Items\2012 Council Items\Approve Agreement with County of Orange for Point of Dispensing Equipment.docx
I AGREEMENT FOR PROVISION OF
2 POINT OF DISPENSING SITE EQUIPMENT SERVICES
3 BETWEEN
4 COUNTY OF ORANGE
5 AND
6 CITY OF TUSTIN
7 JULY 1, 2010 THROUGH JUNE 30, 2015
8
9 THIS AGREEMENT entered into this 1 st day of July, 2010, which date is enumerated for purposes
10 of reference only, is by and between the COUNTY OF ORANGE (COUNTY) and
I 1 CITY OF TUSTIN, a California local government agency (CONTRACTOR). This Agreement shall be
12 administered by the County of Orange Health Care Agency (ADMINISTRATOR).
13
14 WITNESSETH:
15
16 WHEREAS, COUNTY wishes to contract with CONTRACTOR for the provision of
17 Point of Dispensing Site Equipment Services described herein to the residents of Orange County; and
18 WHEREAS, CONTRACTOR is agreeable to the rendering of such services on the terms and
19 conditions hereinafter set forth:
20 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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CONTENTS
PARAGRAPH PAGE
TitlePage ...................................................................................................... ............................... I
Contents........................................................................................................ ............................... 2
Referenced Contract Provisions ................................................................... ............................... 3
I. Alteration of Terms ...................................................................................... ............................... 4
II. Compliance ................................................................................................... ............................... 4
III. Confidentiality .............................................................................................. ............................... 7
IV. Delegation, Assignment and Subcontracts .................................................. ............................... 7
V. Employee Eligibility Verification ................................................................ ............................... 8
VI. Expenditure and Revenue Report ................................................................ ............................... 8
VII. Facilities, Payments and Services ................................................................ ............................... 8
VIII. Indemnification and Insurance ..................................................................... ............................... 8
IX. Inspections and Audits ................................................................................... .............................10
X. Licenses and Laws ......................................................................................... ..............................1 l
XI. Literature ......................................................................................................... .............................11
XII. Maximum Obligation ..................................................................................... .............................12
XIII. Nondiscrimination .......................................................................................... .............................12
XIV. Notices ............................................................................................................ .............................13
XV. Records Management and Maintenance ........................................................ .............................13
XVI. Severability ..................................................................................................... .............................14
XVII. Status of Contractor ........................................................................................ .............................14
XVIII. Term ................................................................................................................ .............................15
XIX. Termination .................................................................................................... .............................15
XX. Third Party Beneficiary .................................................................................. .............................16
XXI. Waiver of Default or Breach .......................................................................... .............................16
SignaturePage ............................................................................................... .............................17
EXHIBIT A
I . Definitions .................................................................................................... ............................... i
II. Services ......................................................................................................... ............................... 1
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REFERENCED CONTRACT PROVISIONS
Terns: July 1, 2010 through June 30, 2015
Total Aggregate Maximum Obligation $0
Notices to COUNTY and CONTRACTOR:
COUNTY: County of Orange
Health Care Agency
Contract Development and Management
405 West 5th Street, Suite 600
Santa Ana, CA 92701 -4637
County of Orange
Health Care Agency
Program Manager
Health Disaster Management Division
405 West 5th Street, Suite 310
Santa Ana, CA 92701
1CONTRACTOR
City of Tustin
Joe Meyers
300 Centennial Way
Tustin, CA 92780
CONTRACTOR's Insurance Coverages:
Coverage
Comprehensive General Liability with
broad form Property damage and
contractual liability
Automobile Liability, including coverage
for owned, non -owned and hired vehicles
Workers' Compensation
Employer's Liability Insurance
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Minimum Limits
$1,000,000 combined single limit
per occurrence
$2,000,000 aggregate
$1,000,000 combined single limit
per occurrence
Statutory
$1,000,000 per occurrence
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1 I. ALTERATION OF TERMS
2 This Agreement, together with Exhibit A, attached hereto and incorporated herein by reference, fully
3 expresses all understanding of COUNTY and CONTRACTOR with respect to the subject matter of this
4 Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition
5 to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in
6 writing and formally approved and executed by both parties.
7
8 II. COMPLIANCE
9 A. COMPLIANCE PROGRAM - ADMINISTRATOR has established a Compliance Program for
10 the purpose of ensuring adherence to all rules and regulations related to federal and state health care
11 programs.
12 1. ADMINISTRATOR shall ensure that CONTRACTOR is made aware of the relevant
13 policies and procedures relating to ADMINISTRATOR's Compliance Program,
14 2. CONTRACTOR shall ensure that its employees, subcontractors, interns, volunteers, and
15 members of Board of Directors or duly authorized agents, if appropriate, ( "Covered Individuals ")
16 relative to this Agreement are made aware of ADMINISTRATOR's Compliance Program and related
17 policies and procedures.
18 3. CONTRACTOR has the option to adhere to ADMINISTRATOR's Compliance Program or
19 establish its own.
20 4. If CONTRACTOR elects to have its own Compliance Program then it shall submit a copy
21 of its Compliance Program and relevant policies and procedures to ADMINISTRATOR within thirty
22 (30) calendar days of award of this Agreement.
23 5. ADMINISTRATOR's Compliance Officer shall determine if CONTRACTOR's
24 Compliance Program is accepted. CONTRACTOR shall take necessary action to meet said standards or
25 shall be asked to acknowledge and agree to the ADMINISTRATOR's Compliance Program.
26 6. Upon approval of CONTRACTOR's Compliance Program by ADMINISTRATOR's
27 Compliance Officer, CONTRACTOR shall ensure that its employees, subcontractors, interns,
28 volunteers, and members of Board of Directors or duly authorized agents, if appropriate, ( "Covered
29 Individuals ") relative to this Agreement are made aware of CONTRACTOR's Compliance Program and
30 related policies and procedures.
31 7. Failure of CONTRACTOR to submit its Compliance Program and relevant policies and
32 procedures shall constitute a material breach of this Agreement. Failure to cure such breach within sixty
33 (60) calendar days of such notice from ADMINISTRATOR shall constitute grounds for termination of
34 this Agreement as to the non- complying party.
35 B. CODE OF CONDUCT - ADMINISTRATOR has developed a Code of Conduct for adherence
36 by ADMINISTRATOR's employees and contract providers.
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1 1. ADMINISTRATOR shall ensure that CONTRACTOR is made aware of
2 ADMINISTRATOR's Code of Conduct.
3 2. CONTRACTOR shall ensure that its employees, subcontractors, interns, volunteers, and
4 members of Board of Directors or duly authorized agents, if appropriate, ( "Covered Individuals ")
5 relative to this Agreement are made aware of ADMINISTRATOR's Code of Conduct.
6 3. CONTRACTOR has the option to adhere to ADMINISTRATOR's Code of Conduct or
7 establish its own.
8 4. If CONTRACTOR elects to have its own Code of Conduct, then it shall submit a copy of its
9 Code of Conduct to ADMINISTRATOR within thirty (30) calendar days of award of this Agreement.
10 5. ADMINISTRATOR's Compliance Officer shall determine if CONTRACTOR's Code of
11 Conduct is accepted. CONTRACTOR shall take necessary action to meet said standards or shall be
12 asked to acknowledge and agree to the ADMINISTRATOR's Code of Conduct.
13 6. Upon approval of CONTRACTOR's Code of Conduct by ADMINISTRATOR,
14 CONTRACTOR shall ensure that its employees, subcontractors, interns, volunteers, and members of
15 Board of Directors or duly authorized agents, if appropriate, ( "Covered Individuals ") relative to this
16 Agreement are made aware of CONTRACTOR's Code of Conduct.
17 7. If CONTRACTOR elects to adhere to ADMINISTRATOR's Code of Conduct then
18 CONTRACTOR shall submit to ADMINISTRATOR a signed acknowledgement and agreement that
19 CONTRACTOR shall comply with ADMINISTRATOR's Code of Conduct.
20 8. Failure of CONTRACTOR to timely submit the acknowledgement of
21 ADMINISTRATOR's Code of Conduct shall constitute a material breach of this Agreement, and failure
22 to cure such breach within sixty (60) calendar days of such notice from ADMINISTRATOR shall
23 constitute grounds for termination of this Agreement as to the non - complying party.
24 C. COVERED INDIVIDUALS - CONTRACTOR shall screen all Covered Individuals employed
25 or retained to provide services related to this Agreement to ensure that they are not designated as
26 "Ineligible Persons," as defined hereunder. Screening shall be conducted against the General Services
27 Administration's List of Parties Excluded from Federal Programs and the Health and Human
28 Services /Office of Inspector General List of Excluded Individuals/Entities.
29 1. Ineligible Person shall be any individual or entity who:
30 a. is currently excluded, suspended, debarred or otherwise ineligible to participate in the
31 federal health care programs; or
32 b. has been convicted of a criminal offense related to the provision of health care items or
33 services and has not been reinstated in the federal health care programs after a period of exclusion,
34 suspension, debarment, or ineligibility.
35 2. CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement.
36 CONTRACTOR shall not hire or engage any Ineligible Person to provide services relative to this
37 Agreement.
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1 3. CONTRACTOR shall screen all current Covered Individuals and subcontractors to ensure
2 that they have not become Ineligible Persons. CONTRACTOR shall also request that its subcontractors
3 use their best efforts to verify that they are eligible to participate in all federal and State of California
4 health programs and have not been excluded or debarred from participation in any federal or state health
5 care programs, and to further represent to CONTRACTOR that they do not have any Ineligible Person in
6 their employ or under contract.
7 4. Covered Individuals shall be required to disclose to CONTRACTOR immediately any
8 debarment, exclusion or other event that makes the Covered Individual an Ineligible Person.
9 CONTRACTOR shall notify ADMINISTRATOR immediately upon such disclosure.
10 5. CONTRACTOR acknowledges that Ineligible Persons are precluded from providing federal
11 and state funded health care services by contract with COUNTY in the event that they are currently
12 sanctioned or excluded by a federal or state law enforcement regulatory or licensing agency. If
13 CONTRACTOR becomes aware that a Covered Individual has become an Ineligible Person,
14 CONTRACTOR shall remove such individual from responsibility for, or involvement with, COUNTY
15 business operations related to this Agreement.
16 6. CONTRACTOR shall notify ADMINISTRATOR immediately if a Covered Individual or
17 entity is currently excluded, suspended or debarred, or is identified as such after being sanction screened.
18 Such individual or entity shall be immediately removed from participating in any activity associated
19 with this AGREEMENT. ADMINISTRATOR will determine if any repayment is necessary from
20 CONTRACTOR for services provided by ineligible person or individual.
21 D. REIMBURSEMENT STANDARDS
22 1. CONTRACTOR shall take reasonable precaution to ensure that the coding of health care
23 claims, billings and/or invoices for same are prepared and submitted in an accurate and timely manner
24 and are consistent with federal, state and county laws and regulations.
25 2. CONTRACTOR shall submit no false, fraudulent, inaccurate or fictitious claims for
26 payment or reimbursement of any kind.
27 3. CONTRACTOR shall bill only for those eligible services actually rendered which are also
28 fully documented. When such services are coded, CONTRACTOR shall use accurate billing codes to
29 accurately describe the services provided and to ensure compliance with all billing and documentation
30 requirements.
31 4. CONTRACTOR shall act promptly to investigate and correct any problems or errors in
32 coding of claims and billing, if and when, any such problems or errors are identified.
33 E. COMPLIANCE TRAINING - ADMINISTRATOR shall make General Compliance Training
34 and Provider Compliance Training, where appropriate, available to Covered Individuals.
35 1. CONTRACTOR shall use its best efforts to encourage completion by Covered Individuals;
36 provided, however, that at a minimum CONTRACTOR shall assign at least one (1) designated
37 representative to complete all Compliance Trainings when offered.
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1 2. Such training will be made available to Covered Individuals within thirty (30) calendar days
2 of employment or engagement.
3 3. Such training will be made available to each Covered Individual annually.
4 4. Each Covered Individual attending training shall certify, in writing, attendance at
5 compliance training. CONTRACTOR shall retain the certifications. Upon written request by
6 ADMINISTRATOR, CONTRACTOR shall provide copies of the certifications.
7
8 III. CONFIDENTIALITY
9 A CONTRACTOR shall maintain the confidentiality of all records, including billings and any
10 audio and/or video recordings, in accordance with all applicable federal, state and county codes and
11 regulations, as they now exist or may hereafter be amended or changed.
12 B. Prior to providing any services pursuant to this Agreement, all CONTRACTOR members of the
13 Board of Directors or its designee or authorized agent, employees, consultants, subcontractors,
14 volunteers and interns shall agree, in writing, with CONTRACTOR to maintain the confidentiality of
15 any and all information and records which may be obtained in the course of providing such services.
16 The agreement shall specify that it is effective irrespective of all subsequent resignations or terminations
17 of CONTRACTOR members of the Board of Directors or its designee or authorized agent, employees,
18 consultants, subcontractors, volunteers and interns.
19
20 IV. DELEGATION, ASSIGNMENT AND SUBCONTRACTS
21 A. CONTRACTOR may not delegate the obligations hereunder, either in whole or in part, without
22 prior written consent of COUNTY; provided, however, obligations undertaken by CONTRACTOR
23 pursuant to this Agreement may be carried out by means of subcontracts, provided such subcontracts are
24 approved in advance, in writing by ADMINISTRATOR, meet the requirements of this Agreement as
25 they relate to the service or activity under subcontract, and include any provisions that
26 ADMINISTRATOR may require. No subcontract shall terminate or alter the responsibilities of
27 CONTRACTOR to COUNTY pursuant to this Agreement. CONTRACTOR may not assign the rights
28 hereunder, either in whole or in part, without the prior written consent of COUNTY.
29 B. For CONTRACTORS which are nonprofit corporations, any change from a nonprofit
30 corporation to any other corporate structure of CONTRACTOR, including a change in more than fifty
31 percent (50 %) of the composition of the Board of Directors within a two (2) month period of time, shall
32 be deemed an assignment for purposes of this paragraph. Any attempted assignment or delegation in
33 derogation of this paragraph shall be void. ADMINISTRATOR may disallow, from payments otherwise
34 due CONTRACTOR, amounts claimed for subcontracts not approved in accordance with this paragraph.
35 C. For CONTRACTORS which are for -profit organizations, any change in the business structure,
36 including but not limited to, the sale or transfer of more than ten percent (10 %) of the assets or stocks of
37 CONTRACTOR, change to another corporate structure, including a change to a sole proprietorship, or a
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change in fifty percent (50 %) or more of CONTRACTOR's directors at one time shall be deemed an
assignment pursuant to this paragraph. Any attempted assignment or delegation in derogation of this
paragraph shall be void.
V. EMPLOYEE ELIGIBILITY VERIFICATION
CONTRACTOR warrants that it shall fully comply with all federal and state statutes and regulations
regarding the employment of aliens and others and to ensure that employees, subcontractors and
consultants performing work under this Agreement meet the citizenship or alien status requirement set
forth in federal statutes and regulations. CONTRACTOR shall obtain, from all employees,
subcontractors and consultants performing work hereunder, all verification and other documentation of
employment eligibility status required by federal or state statutes and regulations including, but not
limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently
exist and as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all
covered employees, subcontractors and consultants for the period prescribed by the law.
VI. EXPENDITURE AND REVENUE REPORT
A. No later than sixty (60) calendar days following termination of this Agreement,
CONTRACTOR shall submit to ADMINISTRATOR, for informational purposes only, an Expenditure
and Revenue Report for the preceding fiscal year, or portion thereof. Such report shall be prepared in
accordance with the procedure that is provided by ADMINISTRATOR and generally accepted
accounting principles.
B. CONTRACTOR may be required to submit periodic Expenditure- Revenue Reports throughout
the term of the Agreement.
VII. FACILITIES, PAYMENTS AND SERVICES
CONTRACTOR agrees to provide the services, staffing, facilities, any equipment and supplies, and
reports in accordance with Exhibit A, to this Agreement. COUNTY shall compensate, and authorize,
when applicable, said services. CONTRACTOR shall operate continuously throughout the term of this
Agreement with at least the minimum number and type of staff which meet applicable federal and state
requirements, and which are necessary for the provision of the services hereunder.
VIII. INDEMNIFICATION AND INSURANCE
A. CONTRACTOR agrees to indemnify, defend and hold COUNTY, its elected and appointed
officials, officers, employees, agents and those special districts and agencies for which COUNTY's
Board of Supervisors acts as the governing Board ( "COUNTY INDEMNITEES ") harmless from any
claims, demands, including defense costs, or liability of any kind or nature, including but not limited to
personal injury or property damage, arising from or related to the services, products or other
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performance provided by CONTRACTOR pursuant to this Agreement. If judgment is entered against
CONTRACTOR and COUNTY by a court of competent jurisdiction because of the concurrent active
negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that
liability will be apportioned as determined by the court. Neither party shall request a jury
apportionment.
B. COUNTY agrees to indemnify, defend and hold CONTRACTOR, its officers, employees,
agents, directors, members, shareholders and /or affiliates harmless from any claims, demands, including
defense costs, or liability of any kind or nature, including but not limited to personal injury or property
damage, arising from or related to the services, products or other performance provided by COUNTY
pursuant to this Agreement. If judgment is entered against COUNTY and CONTRACTOR by a court of
competent jurisdiction because of the concurrent active negligence of CONTRACTOR, COUNTY and
CONTRACTOR agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
C. Each party agrees to provide the indemnifying party with written notification of any claim
related to services provided by either party pursuant to this Agreement within thirty (30) calendar days
of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation,
each party shall cooperate with the indemnifying party in its defense.
D. Without limiting CONTRACTOR's indemnification, CONTRACTOR warrants that it is self -
insured or shall maintain in force at all times during the term of this Agreement, the policy or policies of
insurance covering its operations placed with reputable insurance companies in amounts as specified on
Page 3 of this Agreement. Upon request by ADMINISTRATOR, CONTRACTOR shall provide
evidence of such insurance.
E. All insurance policies except Workers' Compensation and Employer's Liability, shall contain
the following clauses:
1. "The County of Orange is included as an additional insured with respect to the operations of
the named insured performed under contract with the County of Orange."
2. "It is agreed that any insurance maintained by the County of Orange shall apply in excess
of, and not contribute with, insurance provided by this policy."
3. "This insurance shall not be cancelled, limited or non - renewed until after thirty (30)
calendar days written notice has been given to Orange County HCA/ Contract Development and
Management, 405 West 5th Street, Suite 600, Santa Ana, CA 92701- 4637."
F. Certificates of Insurance and endorsements evidencing the above coverages and clauses shall be
mailed to COUNTY as referenced on Page 3 of this Agreement.
G. COUNTY warrants that it is self - insured or maintains policies of insurance placed with
reputable insurance companies licensed to do business in the State of California which insures the perils
of bodily injury, medical, professional liability, and property damage. Upon request by
CONTRACTOR, COUNTY shall provide evidence of such insurance.
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IX. INSPECTIONS AND AUDITS
A. ADMINISTRATOR, any authorized representative of COUNTY, any authorized representative
of the State of California, the Secretary of the United States Department of Health and Human Services,
the Comptroller General of the United States, or any other of their authorized representatives, shall have
access to any books, documents, and records, including but not limited to, medical and client records, of
CONTRACTOR that are directly pertinent to this Agreement, for the purpose of responding to a
beneficiary complaint or conducting an audit, review, evaluation, or examination, or making transcripts
during the periods of retention set forth in the Records Management and Maintenance paragraph of this
Agreement. Such persons may at all reasonable times inspect or otherwise evaluate the services
provided pursuant to this Agreement, and the premises in which they are provided.
B. CONTRACTOR shall actively participate and cooperate with any person specified in
subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this
Agreement, and shall provide the above — mentioned persons adequate office space to conduct such
evaluation or monitoring.
C. AUDIT RESPONSE
1. Following an audit report, in the event of non-- compliance with applicable laws and
regulations governing funds provided through this Agreement, COUNTY may terminate this Agreement
as provided for in the Termination paragraph or direct CONTRACTOR to immediately implement
appropriate corrective action. A plan of corrective action shall be submitted to ADMINISTRATOR in
writing within thirty (30) calendar days after receiving notice from ADMINISTRATOR.
2. If the audit reveals that money is payable from one party to the other, that is, reimbursement
by CONTRACTOR to COUNTY, or payment of sums due from COUNTY to CONTRACTOR, said
funds shall be due and payable from one party to the other within sixty (60) calendar days of receipt of
the audit results. If reimbursement is due from CONTRACTOR to COUNTY, and such reimbursement
is not received within said sixty (60) calendar days, COUNTY may, in addition to any other remedies
provided by law, reduce any amount owed CONTRACTOR by an amount not to exceed the
reimbursement due COUNTY.
D. CONTRACTOR shall employ a licensed certified public accountant, who will prepare an
annual Single Audit as required by Office of Management and Budget (OMB) 133. CONTRACTOR
shall forward the Single Audit to ADMINISTRATOR within fourteen (14) calendar days of receipt.
E. CONTRACTOR shall forward to ADMINISTRATOR a copy of any audit report within
fourteen (14) calendar days of receipt. Such audit shall include, but not be limited to, management,
financial, programmatic or any other type of audit of CONTRACTOR's operations, whether or not the
cost of such operation or audit is reimbursed in whole or in part through this Agreement.
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I X. LICENSES AND LAWS
2 A. CONTRACTOR, its officers, agents, employees and subcontractors shall, throughout the term
3 of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and
4 exemptions necessary for the provision of the services hereunder and required by the laws and
5 regulations of the United States, State of California, COUNTY, and any other applicable governmental
6 agencies.
7 B. CONTRACTOR shall comply with all laws, rules or regulations applicable to the services
8 provided hereunder, as any may now exist or be hereafter changed. These laws, rules and regulations
9 shall include, but not be limited to, the following:
10 1. OMB Circular No. A -87, Cost Principles for State and Local Governments.
11 2. Federal Single Audit Act of 1984 (31 U.S.C.A. 7501.70).
12 3. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations.
13 C. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS
14 1. CONTRACTOR agrees to furnish to ADMINISTRATOR within thirty (30) calendar days
15 of the award of this Agreement:
16 a. In the case of an individual contractor, his/her name, date of birth, social security
17 number, and residence address;
18 b. In the case of a contractor doing business in a form other than as an individual, the
19 name, date of birth, social security number, and residence address of each individual who owns an
20 interest of ten percent (10 %) or more in the contracting entity;
21 c. A certification that CONTRACTOR has fully complied with all applicable federal and
22 state reporting requirements regarding its employees;
23 d. A certification that CONTRACTOR has fully complied with all lawfully served Wage
24 and Earnings Assignment Orders and Notices of Assignment, and will continue to so comply.
25 2. Failure of CONTRACTOR to timely submit the data and/or certifications required by
26 subparagraphs l.a., l.b., Le., or l.d. above, or to comply with all federal and state employee reporting
27 requirements for child support enforcement, or to comply with all lawfully served Wage and Earnings
28 Assignment Orders and Notices of Assignment, shall constitute a material breach of this Agreement; and
29 failure to cure such breach within sixty (60) calendar days of notice from COUNTY shall constitute
30 grounds for termination of this Agreement.
31 3. It is expressly understood that this data will be transmitted to governmental agencies
32 charged with the establishment and enforcement of child support orders, or as permitted by federal
33 and/or state statute.
34
35 XI. LITERATURE
36 Any literature, including educational and promotional materials, distributed by CONTRACTOR for
37 purposes directly related to this Agreement shall indicate that CONTRACTOR's services are supported
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I by federal, state and county funds, as appropriate. For the purposes of this Agreement, distribution of
2 such literature shall include written materials as well as electronic media such as the Internet.
3
4 XIL MAXIMUM OBLIGATION
5 The Aggregate Maximum Obligation of COUNTY for services provided in accordance with all
6 agreements for POD Site Exercise Services is as specified on Page 3 of this Agreement. This specific
7 Agreement with CONTRACTOR is only one of several agreements to which this Aggregate Maximum
8 Obligation applies. It therefore is understood by the parties that reimbursement to CONTRACTOR will
9 be only a fraction of this Aggregate Maximum Obligation.
10
11 XIII. NONDISCRIMINATION
12 A. EMPLOYMENT
13 1. During the performance of this Agreement, CONTRACTOR shall not unlawfully
14 discriminate against any employee or applicant for employment because of his/her ethnic group
15 identification, race, religion, ancestry, color, creed, sex, marital status, national origin, age (40 and over),
16 sexual orientation, medical condition, or physical or mental disability. CONTRACTOR shall warrant
17 that the evaluation and treatment of employees and applicants for employment are free from
18 discrimination in the areas of employment, promotion, demotion or transfer; recruitment or recruitment
19 advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training,
20 including apprenticeship. There shall be posted in conspicuous places, available to employees and
21 applicants for employment, notices from ADMINISTRATOR and/or the United States Equal
22 Employment Opportunity Commission setting forth the provisions of the Equal Opportunity clause.
23 2. All solicitations or advertisements for employees placed by or on behalf of CONTRACTOR
24 shall state that all qualified applicants will receive consideration for employment without regard to
25 ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age
26 (40 and over), sexual orientation, medical condition, or physical or mental disability. Such requirement
27 shall be deemed fulfilled by use of the phrase "an equal opportunity employer."
28 3. In the event of non - compliance with this paragraph or as otherwise provided by federal and
29 state law, this Agreement may be terminated or suspended in whole or in part and CONTRACTOR may
30 be declared ineligible for further contracts involving federal or state funds.
31 B. SERVICES, BENEFITS, AND FACILITIES - CONTRACTOR shall not discriminate in the
32 provision of services, the allocation of benefits, or in the accommodation in facilities on the basis of
33 ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age
34 (40 and over), sexual orientation, medical condition, or physical or mental disability pursuant to all
35 applicable federal and state laws and regulations, as all may now exist or be hereafter amended or
36 changed.
37 //
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I C. PERSONS WITH DISABILITIES — CONTRACTOR agrees to comply with the provisions of
2 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. 794 et seq., as implemented in 45 CFR 84.1
3 et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C.A. 12101 et seq.), pertaining to the
4 prohibition of discrimination against qualified persons with disabilities in all programs or activities, as
5 they exist now or may be hereafter amended together with succeeding legislation.
6 D. RETALIATION - Neither CONTRACTOR, nor its employees or agents shall intimidate,
7 coerce, or take adverse action against any person for the purpose of interfering with rights secured by
8 federal or state laws, or because such person has filed a complaint, certified, assisted, or otherwise
9 participated in an investigation, proceeding, hearing or any other activity undertaken to enforce rights
10 secured by federal or state law.
11
12 XIV. NOTICES
13 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements
14 authorized or required by this Agreement shall be effective:
15 1. When written and deposited in the United States mail, first class postage prepaid and
16 addressed as specified on Page 3 of this Agreement or as otherwise directed by ADMINISTRATOR;
17 2. When faxed, transmission confirmed;
18 3. When sent by electronic mail; or
19 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel
20 Service, or other expedited delivery service.
21 B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as
22 otherwise directed by ADMINISTRATOR and shall be effective when faxed, transmission confirmed, or
23 when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other
24 expedited delivery service.
25 C. CONTRACTOR shall notify ADMINISTRATOR, in writing, within twenty -four (24) hours of
26 becoming aware of any occurrence of a serious nature, which may expose COUNTY to liability. Such
27 occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or
28 damage to any COUNTY property in possession of CONTRACTOR.
29 D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by
30 ADMINISTRATOR.
31
32 XV. RECORDS MANAGEMENT AND MAINTENANCE
33 A. CONTRACTOR, its officers, agents, employees and subcontractors shall, throughout the term
34 of this Agreement, prepare, maintain and manage records appropriate to the services provided and in
35 accordance with this Agreement and all applicable requirements.
36 B. CONTRACTOR shall implement and maintain administrative, technical and physical
37 safeguards to ensure the privacy of protected health information (PHI) and prevent the intentional or
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unintentional use or disclosure of PHI in violation of the Health Insurance Portability and Accountability
Act of 1996 (HIPAA), federal and state regulations and/or COUNTY HIPAA Policies (see COUNTY
HIPAA P &P 1 -2). CONTRACTOR shall mitigate to the extent practicable, the known harmful effect of
any use or disclosure of protected health information made in violation of federal or state regulations
and /or COUNTY policies.
C. CONTRACTOR's patient records shall be maintained in a secure manner. CONTRACTOR
shall maintain patient records and must establish and implement written record management procedures.
D. CONTRACTOR shall ensure appropriate financial records related to cost reporting,
expenditure, revenue, billings, etc., are prepared and maintained accurately and appropriately.
E. CONTRACTOR shall ensure all appropriate state and federal standards of documentation,
preparation, and confidentiality of records related to participant, client and /or patient records are met at
all times.
F. CONTRACTOR shall make records pertaining to the costs of services, participant fees, charges,
billings, and revenues available at one (1) location within the limits of the County of Orange.
G. If CONTRACTOR is unable to meet the record location criteria above, ADMINISTRATOR
may provide written approval to CONTRACTOR to maintain records in a single location, identified by
CONTRACTOR.
H. CONTRACTOR may be required to retain all records involving litigation proceedings and
settlement of claims for a longer term which will be directed by the ADMINISTRATOR.
1, CONTRACTOR shall notify ADMINISTRATOR of any Public Record Act (PRA) request
within twenty -four (24) hours. CONTRACTOR shall provide ADMINISTRATOR all information that
is requested by the PRA request.
XVI. SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or application thereof
to any person or circumstances to be invalid or if any provision of this Agreement contravenes any
federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or
the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain
in full force and effect, and to that extent the provisions of this Agreement are severable.
XVII. STATUS OF CONTRACTOR
CONTRACTOR is, and shall at all times be deemed to be, an independent contractor and shall be
wholly responsible for the manner in which it performs the services required of it by the terms of this
Agreement. CONTRACTOR is entirely responsible for compensating staff, subcontractors, and
consultants employed by CONTRACTOR. This Agreement shall not be construed as creating the
relationship of employer and employee, or principal and agent, between COUNTY and CONTRACTOR
or any of CONTRACTOR's employees, agents, consultants, or subcontractors. CONTRACTOR
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assumes exclusively the responsibility for the acts of its employees, agents, consultants, or
subcontractors as they relate to the services to be provided during the course and scope of their
employment. CONTRACTOR, its agents, employees, consultants, or subcontractors, shall not be
entitled to any rights or privileges of COUNTY employees and shall not be considered in any manner to
be COUNTY employees.
XVIII. TERM
The term of this Agreement shall commence and terminate as specified on Page 3 of this
Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however,
CONTRACTOR shall be obligated to perform such duties as would normally extend beyond this term,
including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting
and accounting.
XIX. TERMINATION
A. Either party may terminate this Agreement, without cause, upon thirty (30) calendar days
written notice given the other party.
B. Unless otherwise specified in this Agreement, COUNTY may terminate this Agreement upon
five (5) calendar days written notice if CONTRACTOR fails to perform any of the terms of this
Agreement. At ADMINISTRATOR's sole discretion, CONTRACTOR may be allowed up to thirty (30)
calendar days for corrective action.
C. COUNTY may terminate this Agreement immediately, upon written notice, on the occurrence
of any of the following events:
1. The loss by CONTRACTOR of legal capacity.
2. Cessation of services.
3. The delegation or assignment of CONTRACTOR's services, operation or administration to
another entity without the prior written consent of COUNTY.
D. CONTINGENT FUNDING
1. Any obligation of COUNTY under this Agreement is contingent upon the following:
a. The continued availability of federal, state and county funds for reimbursement of
COUNTY's expenditures, and
b. Inclusion of sufficient funding for the services hereunder in the applicable budget
approved by the Board of Supervisors.
2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate
or renegotiate this Agreement upon thirty (30) calendar days written notice given CONTRACTOR.
E. In the event this Agreement is terminated prior to the completion of the term as specified on
Page 3 of the Agreement, ADMINISTRATOR may, at its sole discretion, reduce the Maximum
Obligation of this Agreement in an amount consistent with the reduced term of the Agreement.
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F. In the event this Agreement is terminated by either party, after receiving a Notice of
Termination CONTRACTOR shall do the following:
1. Comply with termination instructions provided by ADMINISTRATOR in a manner which
is consistent with recognized standards of quality care and prudent business practice.
2. Obtain immediate clarification from ADMINISTRATOR of any unsettled issues of contract
performance during the remaining contract term.
3. If records are to be transferred to COUNTY, pack and label such records in accordance with
directions provided by ADMINISTRATOR.
G. The rights and remedies of COUNTY provided in this Termination paragraph shall not be
exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement.
.XX. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in third parties
including, but not limited to, any subcontractors or any clients provided services hereunder.
XXI. WAIVER OF DEFAULT OR BREACH
Waiver by COUNTY of any default by CONTRACTOR shall not be considered a waiver of any
subsequent default. Waiver by COUNTY of any breach by CONTRACTOR of any provision of this
Agreement shall not be considered a waiver of any subsequent breach. Waiver by COUNTY of any
default or any breach by CONTRACTOR shall not be considered a modification of the terms of this
Agreement.
/J
JJ
//
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
CITY OF TUSTIN
BY:
TITLE:
BY:
TITLE:
COUNTY OF ORANGE
l`
HEALTH CARE AGENCY
APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
I M.
DEPUTY
� 1
It
DATED:
If the contracting party is a corporation, two (2) signatures are required: one (1) signature by the Chairman of the Board, the
President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer
or any Assistant Treasurer. If the contract is signed by one (1) authorized individual only, a copy of the corporate resolution
or by -laws whereby the board of directors has empowered said authorized individual to act on its behalf by his or her
signature alone is required by HCA.
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
CITY OF TUSTIN
BY:
TITLE:
BY:
TITLE:
I COUNTY OF ORANGE
IF-ON
HEALTH CARE AGENCY
APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Im
DEPUTY
DATED:
DATED:
DATED:
If the contracting party is a corporation, two (2) signatures are required: one (1) signature by the Chairman of the Board, the
President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer
or any Assistant Treasurer. If the contract is signed by one (1) authorized individual only, a copy of the corporate resolution
or by -laws whereby the board of directors has empowered said authorized individual to act on its behalf by his or her
signature alone is required by HCA.
CITY OF TUSTIN 17 of 17
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
i State of California.
CITY OF TUSTIN
BY:
TITLE:
BY:
TITLE:
COUNTY OF ORANGE
DATED:
DATED:
(BY: DATED:
HEALTH CARE AGENCY
APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY: DATED:
l DEPUTY
If the contracting party is a corporation, two (2) signatures are required: one (1) signature by the Chairman of the Board, the
President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer
or any Assistant Treasurer. If the contract is signed by one (1) authorized individual only, a copy of the corporate resolution
or by -laws whereby the board of directors has empowered said authorized individual to act on its behalf by his or her
signature alone is required by HCA.
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I EXHIBIT A
2 TO AGREEMENT FOR PROVISION OF
3 POINT OF DISPENSING SITE EQUIPMENT SERVICES
4 CITY OF TUSTIN
5 JULY 1, 2010 THROUGH JUNE 30, 2015
6
7 I. DEFINITIONS
8 A. " Equipment " means moveable property of a relatively permanent nature with significant value.
9 Equipment which costs $5,000 or over, including sales taxes, freight charges and other taxes are
10 considered Fixed Assets. Equipment which cost less than $5,000, including sales taxes, freight charges
11 and other taxes are considered Minor Equipment or Controlled Assets.
12 B. " Exercise " means an event designed to test and evaluate the POD site plan using the guidelines
13 set forth by Homeland Security Exercise and Evaluation Program (HSEEP) requirements.
14 C. " Health Emergency means a situation where a potential threat to the health of the community
15 from a disease agent (i.e. Anthrax, Smallpox, Influenza, etc.) requires medication, medical supplies,
16 and/or equipment to be dispensed in mass quantity. Designation of a situation as a Health Emergency
17 requires an emergency declaration by the County Executive Officer and the Public Health Officer.
18 D. " Point of Dispensing (POD) Site means any pre - identified location within a city and/or agency
19 designed to provide public citizens with medications, supplies, equipment, and /or other resources in the
20 event of a Health Emergency.
21
22 II. SERVICES
23 A. COUNTY is loaning CONTRACTOR Equipment. Title to these items shall remain vested in
24 COUNTY and the Equipment shall be deemed to be "Loaned Equipment" while in the possession of
25 CONTRACTOR.
26 B. CONTRACTOR agrees to the transportation, presence, and storage of Loaned Equipment at
27 designated POD site(s) or location of CONTRACTOR's choosing with ADMINISTRATOR'S written
28 approval, in support of this Agreement. POD site locations may be changed with written mutual consent
29 of CONTRACTOR and ADMINISTRATOR. The Loaned Equipment, listed in Table A below, is
30 appropriate for preparation of a public health emergency and/or exercise. In a public health emergency
31 or exercise, the Loaned Equipment shall serve to:
32 1. Identify staff within the POD site;
33 2. Provide instructions to direct and orientate individuals through the POD site; and
34 3. Allow individuals to receive the necessary material during an exercise or Health
35 Emergency.
36 C. With respect to the Loaned Equipment, CONTRACTOR and/or authorized representatives
37 shall:
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I 1. Establish a defined and designated secure location(s) and storage area for the Loaned
2 Equipment;
3 2. Continuously and properly maintain and store Loaned Equipment;
4 3. Develop internal policy and procedures for:
5 a. The preparation for mobilization of Loaned Equipment;
6 b. Transportation of Loaned Equipment;
7 c. The training of assigned staff on these policies and procedures; and
8 D. CONTRACTOR may use Loaned Equipment in the course of its everyday provision of services
9 or for training purpose; provided, however, said Loaned Equipment are readily available and in good
10 working order in the event of a public health emergency and/or exercise.
11 E. During a public health emergency and/or exercise, CONTRACTOR is responsible for:
12 1. Transporting Loaned Equipment to POD site and returning Loaned Equipment to the
13 designated secure locations expressed in II.C. above;
14 2. Setting -up and breaking down the POD site;
15 3. Providing all non - medical POD staff;
16 4. Providing all non - medical Equipment, including but not limited to, tents, tables and chairs;
17 5. Notifying the local community of the event;
18 6. Providing traffic and /or crowd control;
19 7. Disseminating forms to the public; and
20 8. Providing general assistance to the public and COUNTY staff.
21 F. COUNTY shall loan to CONTRACTOR the following Equipment for each of CONTRACTOR's
22 two (2) POD Sites:
23
24 Item Quantity
25 POD Storage Case & Step Stool 1
26 Signage
27 Fill Out Form (36 x 48) 1
28 Show Form (36 x 48) 1
29 Pick Up Medicine (36 x 48) 1
30 Get Vaccine (36 x 48) 1
31 Turn In Form & Exit (36 x 48) 1
32 Medical Services Facility (22 x 28) 1
33 Bioterrorism Agent Information (22 x 28) 6
34 Bioterrorism Symptoms (22 x 28) 6
35 Four Simple Steps (22 x 28) 2
36 Prohibited (22 x 28) 1
37 Exit (11 x 17) 2
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Signage
Quantity
No Exit (11 x 17)
2
Incident Command Post (1 I x 17)
1
Staff Person Wearing Vest can Assist (11 x 17)
1
Break/Staging (I 1 x 17)
1
First Aid (11 x 17)
1
Ambulance (11 x 17)
1
Staff Registration (11 x 17)
1
Please Wait (11 x 17)
2
Family Line (11 x 17)
2
Adult Line (11 x 17)
3
Arrows
g
Entrance Banner (22 x 28)
2
Stop - Fill Out Form (22 x 28)
1
Stop - Turn in Form & Exit (22 x 28)
1
Hardware
Metal A -frames
4
Collapsible Easels
4
Metal Stantions (Part# 05- 015CH)
4
6 -foot Cardboard Poles and Mount Caps
13
Wire Feet
26
Plastic Display Sleeves
10
Vests
Red - XL
89
Orange - XL
25
Blue - XL
5
Yellow - XL
6
Lime Green - XL
30
General Supplies
Clipboards
20
Pens - Boxes
I
POD Field Operations Guide
I
G. CONTRACTOR and ADMINISTRATOR may mutually agree, in writing, to modify the
Equipment set forth in subparagraph II.F., above.
H
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