HomeMy WebLinkAbout05 AGREEMENT WITH THE COUNTY OF ORANGE FOR POINT OF DISPENSING SITE SERVICESAgenda Item 5
Reviewed:
AGENDA REPORT City Manager
Finance Director KNI
MEETING DATE: OCTOBER 3, 2017
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: CHARLES F. CELANO, JR., CHIEF OF POLICE
SUBJECT: AGREEMENT WITH THE COUNTY OF ORANGE FOR POINT OF
DISPENSING SITE SERVICES
SUMMARY
The Orange County Health Care Agency (HCA) is responsible the Cities Readiness
program. This includes supporting Point of Dispensing (POD) operations for possible
epidemic and pandemic incidents. This agreement will enable the HCA to continue to
provide material and program support to the City.
RECOMMENDATION
Approve the Agreement with the County of Orange for the Provision of Point of Dispensing
Site Services and authorize the Mayor and City Clerk to execute the contract documents.
FISCAL IMPACT
No fiscal impact. This program funded by the County of Orange. Exercise expenses will be
reimbursed by the County.
CORRELATION TO THE STRATEGIC PLAN
The recommendation correlates to the City's strategic plan by implementing Goal B, item
number two to provide additional emergency preparedness training.
Agreement with the County of Orange for Point of Dispensing Site Services
October 3, 2017
Page 2 of 2
BACKGROUND/DISCUSSION
The Orange County Health Care Agency (HCA) serves as the lead agency in collaborating
with cities to establish a mass medication dispensing and mass vaccination services in
Orange County in order to effectively respond to a large scale public health incident. Mass
dispensing and mass vaccination are considered to be effective strategies for reducing the
number of illnesses and deaths by providing lifesaving medications or vaccines to the public.
The OCHCA worked with cities throughout the County to identify, plan and exercise the
mechanism to dispense pharmaceuticals and vaccines to a large population in a short period
of time. This mechanism is known as a POD, or Point of Dispensing. Establishing POD
sites and conducting full-scale exercises is the strategy employed to help Orange County
be prepared in the event of a health disaster.
In 2010, the City worked with HCA to establish two POD sites in the City. The POD locations
established were the Columbus Tustin Activity Center and Clifton Miller Community Center.
As part of the POD program, staff participated in HCA -led trainings and workshops to
identify, assess, develop plans each POD site.
As part of the HCA's 2017 POD Planning and Exercise Program, the City has volunteered
to coordinate a functional exercise at the Columbus Tustin Activity Center. City staff will work
with partner agencies to deliver flu vaccine to the general public. This is an excellent
opportunity for City staff to participate in a field level multi -agency exercise. Agency
coordination will include staff from HCA, Orange County Fire Authority and the City. The
effort will include training and workshops for all agencies involved.
At this time, it is necessary to execute the Agreement (See Exhibit A) between the City and
the County to insure reimbursement of City staff and materials costs associated with POD
planning and exercise services. The planning process will culminate with a'full-scale POD
exercise at the Columbus Tustin Activity Center on Thursday, October 26, 2017.
CHARLES F. CELANO, JR.
Chief of Police
-.�
JO1MVIEYERS
Emergency Mgmt. Coordinator
Attachment:
1. Agreement for the Provision of Point of Dispensing Site Services Between County of
Orange and.the City of Tustin
DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3D0-BD672C28683D
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ATTACHMENT NO. 1
AGREEMENT FOR PROVISION OF
POINT OF DISPENSING SITE SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF TUSTIN
JULY 1, 2015 THROUGH JUNE 30, 2018
THIS AGREEMENT entered into this 1 st day of July 2015, which date is enumerated for purposes
of reference only, is by and between the COUNTY OF ORANGE (COUNTY) and CITY OF TUSTIN, a
California local government agency (CONTRACTOR). This Agreement shall be administered by the
County of Orange Health Care Agency (ADMINISTRATOR).
WITNESSETH:
WHEREAS, COUNTY wishes to contract with CONTRACTOR for the provision of Point of
Dispensing Site Services described herein to the residents of Orange County; and
WHEREAS, CONTRACTOR is agreeable to the rendering of such services on the terms and
conditions hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
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CONTENTS
2
PARAGRAPH PAGE
3
Title Page..................................................................................................................................
1
4
Contents....................................................................................................................................
2
5
Referenced Contract Provisions..............................................................................................
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I.
Acronyms.................................................................................................................................
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II.
Alteration of Terms..................................................................................................................
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III.
Assignment of Debts................................................................................................................
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IV.
Compliance..............................................................................................................................
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V.
Confidentiality..........................................................................................................................
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VI.
Delegation, Assignment and Subcontracts..............................................................................
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VII.
Employee Eligibility Verification...........................................................................................
1 I
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VIII.
Equipment....................................................................................................................
I I
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IX.
Expenditure and Revenue Report ............................................................................................
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X.
Facilities, Payments and Services............................................................................................
12
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XI.
Indemnification and Insurance................................................................................................
13
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XII.
Inspections and Audits.............................................................................................................
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XIII.
Licenses and Laws...................................................................................................................
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XIV.
Literature, Advertisements, and Social Media........................................................................
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XV.
Maximum Obligation................................................................................................................
19
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XVI.
Nondiscrimination....................................................................................................................
19
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XVII.
Notices......................................................................................................................................
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XVIII.
Notification Of Public Events And Meetings.........................................................................
22
24
XIX.
Records Management and Maintenance.................................................................................
22
25
XX.
Research and Publication.........................................................................................................
23
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XXI.
Right to Work and Minimum Wage Laws..............................................................................
23
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XXII.
Severability...............................................................................................................................
24
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XXIII.
Special Provisions....................................................................................................................
24
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XXIV.
Status of Contractor.................................................................................................................
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XXV.
Term.........................................................................................................................................
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XXVI.
Termination..............................................................................................................................
25
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XXVII.
Third Party Beneficiary...........................................................................................................
27
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XXVIII.
Waiver of Default or Breach....................................................................................................
27
34
Signature Page.........................................................................................................................
28
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CITY OF TUSTIN
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CONTENTS
EXHIBIT A PAGE
PODServices.............................................................................................................................. 1
EXHIBIT B PAGE
I. Definitions............................................................................................................................... 1
II. Payments..................................................................................................................................... 2
EXHIBIT C PAGE
I. POD Planning Services............................................................................................................... 1
II. Services to be Provided............................................................................................................... 1
EXHIBIT D PAGE
I. POD Exercise Services............................................................................................................... 1
II. Services to be Provided............................................................................................................... 1
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REFERENCED CONTRACT PROVISIONS
I Master Agreement Term: July 1, 2015 through June 30, 2018
Contractor Term:
POD Planning Services Not Applicable
POD Exercise Services July 1, 2017 through June 30, 2018
I Total Aggregate Maximum Obligation $750,000
Basis for Reimbursement: Actual Cost
Payment Method: Actual Cost
Notices to COUNTY and CONTRACTOR:
COUNTY: County of Orange
Health Care Agency
Contract Services
405 West 5th Street, Suite 600
Santa Ana, CA 92701-4637
ICONTRACTOR:
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County of Orange
Health Care Agency
Program Manager
Health Disaster Management Division
405 West 5th Street, Suite 310
Santa Ana, CA 92701
City of Tustin
Joe Meyers
300 Centennial Way
Tustin, CA 92780
jmeyers@tustinea.org
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
1 I. ACRONYMS
2 The following standard definitions are for reference purposes only and may or may not apply in their
3 entirety throughout this Agreement:
4
A.
ARRA
American Recovery and Reinvestment Act
5
B.
ASRS
Alcohol and Drug Programs Reporting System
6
C.
CCC
California Civil Code
7
D.
CCR
California Code of Regulations
8
E.
CEO
County Executive Office
9
F.
CFR
Code of Federal Regulations
10
G.
CHPP
COUNTY HIPAA Policies and Procedures
11
H.
CHS
Correctional Health Services
12
I.
COI
Certificate of Insurance
13
J.
D/MC
Drug/Medi-Cal
14
K.
DHCS
Department of Health Care Services
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L.
DPFS
Drug Program Fiscal Systems
16
M.
DRS
Designated Record Set
17
N.
ePHI
Electronic Protected Health Information
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O.
GAAP
Generally Accepted Accounting Principles
19
P.
HCA
Health Care Agency
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Q.
HHS
Health and Human Services
21
R.
HIPAA
Health Insurance Portability and Accountability Act of 1996, Public
22
Law 104-191
23
S.
HSC
California Health and Safety Code
24
T.
ISO
Insurance Services Office
25
U.
MHP
Mental Health Plan
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V.
OCJS
Orange County Jail System
27
W.
OCPD
Orange County Probation Department
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X.
OCR
Office for Civil Rights
29
Y.
OCSD
Orange County Sheriff's Department
30
Z.
OIG
Office of Inspector General
31
AA.
OMB
Office of Management and Budget
32
AB.
OPM
Federal Office of Personnel Management
33
AC.
PA DSS
Payment Application Data Security Standard
34
AD.
PC
State of California Penal Code
35
AE.
PCI DSS
Payment Card Industry Data Security Standard
36
AF.
PHI
Protected Health Information
37
AG.
PIl
Personally Identifiable Information
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CITY OF TusTIN
DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3D0-BDB72C28683D
I AH. PRA Public Record Act
2 Al. SIR Self -Insured Retention
3 AJ. The HITECH Act The Health Information Technology for Economic and Clinical Health
4 Act, Public Law 111-005
5 AK. USC , United States Code
6 AL. WIC State of California Welfare and Institutions Code
7
8 II. ALTERATION OF TERMS
9 A. This Agreement, together with Exhibits A, B, C, and D, attached hereto and incorporated
10 herein, fully expresses the complete understanding of COUNTY and CONTRACTOR with respect to
11 the subject matter of this Agreement.
12 B. Unless otherwise expressly stated in this Agreement, no addition to, or alteration of the terms of
13 this Agreement or any Exhibits, whether written or verbal, made by the parties, their officers, employees
14 or agents shall be valid unless made in the form of a written amendment to this Agreement, which has
15 been formally approved and executed by both parties.
16
17 III. ASSIGNMENT OF DEBTS
18 Unless this Agreement is followed without interruption by another Agreement between the parties
19 hereto for the same services and substantially the same scope, at the termination of this Agreement,
20 CONTRACTOR shall assign to COUNTY any debts owing to CONTRACTOR by or on behalf of
21 persons receiving services pursuant to this Agreement. CONTRACTOR shall immediately notify by
22 mail each of these persons, specifying the date of assignment, the County of Orange as assignee, and the
23 address to which payments are to be sent. Payments received by CONTRACTOR from or on behalf of
24 said persons, shall be immediately given to COUNTY.
25
26 IV. COMPLIANCE
27 A. ADMINISTRATOR has established a Compliance Program for the purpose of ensuring
28 adherence to all rules and regulations related to federal and state health care programs.
29 1. ADMINISTRATOR shall provide CONTRACTOR with a copy of the relevant HCA
30 policies and procedures relating to HCA's Compliance Program, HCA's Code of Conduct and General
31 Compliance Trainings.
32 2. CONTRACTOR has the option to adhere to HCA's Compliance Program and Code of
33 Conduct or establish its own, provided CONTRACTOR's Compliance Program and Code of Conduct
34 have been verified to include all required elements by ADMINISTRATOR's Compliance Officer as
35 described in subparagraphs below.
36 3. If CONTRACTOR elects to adhere to RCA's Compliance Program and Code of Conduct;
37 the CONTRACTOR shall submit to the ADMINISTRATOR within thirty (30) calendar days of award
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of this Agreement a signed acknowledgement that CONTRACTOR shall comply with HCA's
Compliance Program and Code of Conduct.
4. If CONTRACTOR elects to have its own Compliance Program and Code of Conduct then it
shall submit a copy of its Compliance Program, Code of Conduct and relevant policies and procedures
to ADMINISTRATOR within thirty (30) calendar days of award of this Agreement.
ADMINISTRATOR's Compliance Officer shall determine if CONTRACTOR Compliance Program
and Code of Conduct contains all required elements. CONTRACTOR shall take necessary action to
meet said standards or shall be asked to acknowledge and agree to the HCA's Compliance Program and
Code of Conduct if the CONTRACTOR's Compliance Program and Code of Conduct does not contain
all required elements.
5. Upon written confirmation from ADMINISTRATOR's Compliance Officer that the
CONTRACTOR Compliance Program and Code of Conduct contains all required elements,
CONTRACTOR shall ensure that all Covered Individuals relative to this Agreement are made aware of
CONTRACTOR's Compliance Program, Code of Conduct and related policies and procedures.
6. Failure of CONTRACTOR to submit. its Compliance Program, Code of Conduct and
relevant policies and procedures shall constitute a material breach of this Agreement. Failure to cure
such breach within sixty (60) calendar days of such notice from ADMINISTRATOR shall constitute
grounds for termination of this Agreement as to the non -complying party.
B. SANCTION SCREENING — CONTRACTOR shall adhere to all screening policies and
procedures and screen all Covered Individuals employed or retained to provide services related to this
Agreement to ensure that they are not designated as Ineligible Persons, as pursuant to this Agreement.
Screening shall be conducted against the General Services Administration's Excluded Parties List
System or System for Award Management, the Health and Human Services/Office of Inspector General
List of Excluded Individuals/Entities, and the California Medi -Cal Suspended and Ineligible Provider
List and/or any other as identified by the ADMINISTRATOR.
1. Covered Individuals includes all contractors, subcontractors, agents, and other persons who
provide health care items or services or who perform billing or coding functions on behalf of
ADMINISTRATOR. Notwithstanding the above, this term does not include part-time or per -diem
employees, contractors, subcontractors, agents, and other persons who are not reasonably expected to
work more than one hundred sixty (160) hours per year; except that any such individuals shall become
Covered Individuals at the point when they work more than one hundred sixty (160) hours during the
calendar year. CONTRACTOR shall ensure that all Covered Individuals relative to this Agreement are
made aware of ADMINISTRATOR's Compliance Program, Code of Conduct and related policies and
procedures.
2. An Ineligible Person shall be any individual or entity who:
a. is currently excluded, suspended, debarred or otherwise ineligible to participate in
federal and state health care programs; or
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b. has been convicted of a criminal offense related to the provision of health care items or
services and has not been reinstated in the federal and state health care programs after a period of
exclusion, suspension, debarment, or ineligibility.
3. CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement.
CONTRACTOR shall not hire or engage any Ineligible Person to provide services relative to this
Agreement.
4. CONTRACTOR shall screen all current Covered Individuals and subcontractors semi-
annually to ensure that they have not become Ineligible Persons. CONTRACTOR shall also request that
its subcontractors use their best efforts to verify that they are eligible to participate in all federal and
State of California health programs and have not been excluded or debarred from participation in any
federal or state health care programs, and to further represent to CONTRACTOR that they do not have
any Ineligible Person in their employ or under contract.
5. Covered Individuals shall be required to disclose to CONTRACTOR immediately any
debarment, exclusion or other event that makes the Covered Individual an Ineligible Person.
CONTRACTOR shall notify ADMINISTRATOR immediately if a Covered Individual providing
services directly relative to this Agreement becomes debarred, excluded or otherwise becomes an
Ineligible Person.
6. CONTRACTOR acknowledges that Ineligible Persons are precluded from providing
federal and state funded health care services by contract with COUNTY in the event that they are
currently sanctioned or excluded by a federal or state law enforcement regulatory or licensing agency.
If CONTRACTOR becomes aware that a Covered Individual has become an Ineligible Person,
CONTRACTOR shall remove such individual from responsibility for, or involvement with, COUNTY
business operations related to this Agreement.
7. CONTRACTOR shall notify ADMINISTRATOR immediately if a Covered Individual or
entity is currently excluded, suspended or debarred, or is identified as such after being sanction
screened. Such individual or entity shall be immediately removed from participating in any activity
associated with this Agreement. ADMINISTRATOR will determine appropriate repayment from, or
sanction(s) to CONTRACTOR for services provided by ineligible person or individual.
CONTRACTOR shall promptly return any overpayments within forty-five (45) business days after the
overpayment is verified by the ADMINISTRATOR.
C. COMPLIANCE TRAINING — ADMINISTRATOR shall make General Compliance Training
and Provider Compliance Training, where appropriate, available to Covered Individuals.
1. CONTRACTOR shall use its best efforts to encourage completion by Covered Individuals;
provided, however, that at a minimum CONTRACTOR shall assign at least one (1) designated
representative to complete all Compliance Trainings when offered.
2. Such training will be made available to Covered Individuals within thirty (30) calendar
days of employment or engagement.
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1 3. Such training will be made available to each Covered Individual annually.
2 4. Each Covered Individual attending training shall certify, in writing, attendance at
3 compliance training. CONTRACTOR shall retain the certifications. Upon written request by
4 ADMINISTRATOR, CONTRACTOR shall provide copies of the certifications.
5 D. MEDICAL BILLING, CODING, AND DOCUMENTATION COMPLIANCE STANDARDS
6 1. CONTRACTOR shall take reasonable precaution to ensure that the coding of health care
7 claims, billings and/or invoices for same are prepared and submitted in an accurate and timely manner
8 and are consistent with federal, state and county laws and regulations.
9 2. CONTRACTOR shall not submit any false, fraudulent, inaccurate and/or fictitious claims
10 for payment or reimbursement of any kind.
11 3. CONTRACTOR shall bill only for those eligible services actually rendered which are also
12 fully documented. When such services are coded, CONTRACTOR shall use accurate billing codes
13 which accurately describes the services provided and must ensure compliance with all billing and
14 documentation requirements.
15 4. CONTRACTOR shall act promptly to investigate and correct any problems or errors in
16 coding of claims and billing, if and when, any such problems or errors are identified.
17 5. CONTRACTOR shall promptly return any overpayments within forty-five (45) business
18 days after the overpayment is verified by the ADMINISTRATOR.
19
20 V. CONFIDENTIALITY
21 A. CONTRACTOR shall maintain the confidentiality of all records, including billings and any
22 audio and/or video recordings, in accordance with all applicable federal, state and county codes and
23 regulations, as they now exist or may hereafter be amended or changed.
24 B. Prior to providing any, services pursuant to this Agreement, all members of the Board of
25 Directors or its designee or authorized agent, employees, consultants, subcontractors, volunteers and
26 interns of the CONTRACTOR shall agree, in writing, with CONTRACTOR to maintain the
27 confidentiality of any and all information and records which may be obtained in the course of providing
28 such services. This Agreement shall specify that it is effective irrespective of all subsequent
29 resignations or terminations of CONTRACTOR members of the Board of Directors or its designee or
30 authorized agent, employees, consultants, subcontractors, volunteers and interns.
31 C. If CONTRACTOR is a public institution, COUNTY understands and agrees the
32 CONTRACTOR is subject to the provisions of the California Public Records Act. In the event
33 CONTRACTOR receives a request to produce this Agreement, or identify any term, condition, or aspect
34 of this Agreement, CONTRACTOR shall notify COUNTY no less than three (3) business days prior to
35 releasing such information.
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I VI. DELEGATION, ASSIGNMENT AND SUBCONTRACTS
2 A. CONTRACTOR may not delegate the obligations hereunder, either in whole or in part, without
3 prior written consent of COUNTY. CONTRACTOR shall provide written notification of
4 CONTRACTOR's intent to delegate the obligations hereunder, either in whole or part, to
5 ADMINISTRATOR not less than sixty (60) calendar days prior to the effective date of the delegation.
6 Any attempted assignment or delegation in derogation of this paragraph shall be void.
7 B. CONTRACTOR may not assign the rights hereunder, either in whole or in part, without the
8 prior written consent of COUNTY.
9 1. If CONTRACTOR is a nonprofit organization, any change from a nonprofit corporation to
10 any other corporate structure of CONTRACTOR, including a change in more than fifty percent (50%)
11 of the composition of the Board of Directors within a two (2) month period of time, shall be deemed an
12 assignment for purposes of this paragraph, unless CONTRACTOR is transitioning from a community
13 clinic/health center to a Federally Qualified Health Center and has been so designated by the Federal
14 Government. Any attempted assignment or delegation in derogation of this subparagraph shall be void.
15 2. If CONTRACTOR is a for-profit organization, any change in the business structure,
16 including but not limited to, the sale or transfer of more than ten percent (10%) of the assets or stocks of
17 CONTRACTOR, change to another corporate structure, including a change to a sole proprietorship, or a
18 change in fifty percent (50%) or more of Board of Directors of CONTRACTOR at one time shall be
19 deemed an assignment pursuant to this paragraph. Any attempted assignment or delegation in
20 derogation of this subparagraph shall be void.
21 3. If CONTRACTOR is a governmental organization, any change to another structure,
22 including a change in more than fifty percent (50%) of the composition of its governing body (i.e. Board
23 of Supervisors, City Council, School Board) within a two (2) month period of time, shall be deemed an
24 assignment for purposes of this paragraph. Any attempted, assignment or delegation in derogation of
25 this subparagraph shall be void.
26 4. Whether CONTRACTOR is a nonprofit, for-profit, or a governmental organization,
27 CONTRACTOR shall provide written notification of CONTRACTOR's intent to assign the obligations
28 hereunder, either in whole or part, to ADMINISTRATOR not less than sixty (60) calendar days prior to
29 the effective date of the assignment.
30 5. Whether CONTRACTOR is a nonprofit, for-profit, or a governmental organization,
31 CONTRACTOR shall provide written notification within thirty (30) calendar days to
32 ADMINISTRATOR when there is change of less than fifty percent (50%) of Board of Directors of
33 CONTRACTOR at one time.
34 C. CONTRACTOR's obligations undertaken pursuant to this Agreement may be carried out by
35 means of subcontracts, provided such subcontracts are approved in advance, in writing by
36 ADMINISTRATOR, meet the requirements of this Agreement as they relate to the service or activity
37 under subcontract, and include any provisions that ADMINISTRATOR may require.
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1 1. After approval of a subcontract, ADMINISTRATOR may revoke the approval of a
2 subcontract upon five (5) calendar days written notice to CONTRACTOR if the subcontract
3 subsequently fails to meet the requirements of this Agreement or any provisions that
4 ADMINISTRATOR has required.
5 2. No subcontract shall terminate or alter the responsibilities of CONTRACTOR to COUNTY
6 pursuant to this Agreement.
7 3. ADMINISTRATOR may disallow, from payments otherwise due CONTRACTOR,
8 amounts claimed for subcontracts not approved in accordance with this paragraph.
9 4. This provision shall not be applicable to service agreements usually and customarily
10 entered into by CONTRACTOR to obtain or arrange for supplies, technical support, and professional
11 services provided by consultants.
12
13 VII. EMPLOYEE ELIGIBILITY VERIFICATION
14 CONTRACTOR warrants that it shall fully comply with all federal and state statutes and
15 regulations regarding the employment of aliens and others and to ensure that employees, subcontractors,
16 and consultants performing work under this Agreement meet the citizenship or alien status requirement
17 set forth in federal statutes and regulations. CONTRACTOR shall obtain, from all employees,
18 subcontractors, and consultants performing work hereunder, all verification and other documentation of
19 employment eligibility status required by federal or state statutes and regulations including, but not
20 limited to, the Immigration Reform and Control Act of 1986, 8 USC §1324 et seq., as they currently
21 exist and as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all
22 covered employees, subcontractors, and consultants for the period prescribed by the law.
23
24 VIII. EQUIPMENT
25 A. Unless otherwise specified in writing by ADMINISTRATOR, Equipment is defined as all
26 property of a Relatively Permanent nature with significant value, purchased in whole or in part by
27 Administrator to assist in performing the services described in this Agreement. "Relatively Permanent"
28 is defined as having a useful life of one year or longer. Equipment which costs $5,000 or over,
29 including freight charges, sales taxes, and other taxes, and installation costs are defined as Capital
30 Assets. Equipment which costs between $600 and $5,000, including freight charges, sales taxes and
31 other taxes, and installation costs are defined as Controlled Equipment. Controlled Equipment includes,
32 but is not limited to audio/visual equipment, computer equipment, and lab equipment. The cost of
33 Equipment purchased, in whole or in part, with funds paid pursuant to this Agreement shall be
34 depreciated according to GAAP.
35 B. CONTRACTOR shall obtain ADMINISTRATOR's prior written approval to purchase any
36 Equipment with funds paid pursuant to this Agreement. Upon delivery of Equipment, CONTRACTOR
37 shall forward to ADMINISTRATOR, copies of the purchase order, receipt, and other supporting
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
I documentation, which includes delivery date, unit price, tax, shipping and serial numbers.
2 CONTRACTOR shall request an applicable asset tag for said Equipment and shall include each
3 purchased asset in an Equipment inventory.
4 C. Upon ADMINISTRATOR's prior written approval, CONTRACTOR may expense to
5 COUNTY the cost of the approved Equipment purchased by CONTRACTOR. To "expense," in
6 relation to Equipment, means to charge the proportionate cost of Equipment in the fiscal year in which it
7 is purchased. Title of expensed Equipment shall be vested with COUNTY.
8 D. CONTRACTOR shall maintain an inventory of all Equipment purchased in whole or in part
9 with funds paid through this Agreement, including date of purchase, purchase price, serial number,
10 model and type of Equipment. Such inventory shall be available for review by ADMINISTRATOR,
11 and shall include the original purchase date and price, useful life, and balance of depreciated Equipment
12 cost, if any.
13 E. CONTRACTOR shall cooperate with ADMINISTRATOR in conducting periodic physical
14 inventories of all Equipment. Upon demand by ADMINISTRATOR, CONTRACTOR shall return any
15 or all Equipment to COUNTY.
16 F. CONTRACTOR must report any loss or theft of Equipment in accordance with the procedure
17 approved by ADMINISTRATOR and the Notices Paragraph of this Agreement. In addition,
18 CONTRACTOR must complete and submit to ADMINISTRATOR a notification form when items of
19 Equipment are moved from one location to another or returned to COUNTY as surplus.
20 G. Unless this Agreement is followed without interruption by another agreement between the
21 parties for substantially the same type and scope of services, at the termination of this Agreement for
22 any cause, CONTRACTOR shall return to COUNTY all Equipment purchased with funds paid through
23 this Agreement.
24 H. CONTRACTOR shall maintain and administer a sound business program for ensuring the
25 proper use, maintenance, repair, protection, insurance, and preservation of COUNTY Equipment.
26
27 IX. EXPENDITURE AND REVENUE REPORT
28 A. No later than sixty (60) calendar days following termination of each period or fiscal year of this
29 Agreement, CONTRACTOR shall submit to ADMINISTRATOR, for informational purposes only, an
30 Expenditure Report for the preceding fiscal year, or portion thereof. Such report shall be prepared in
31 accordance with the procedure that is provided by ADMINISTRATOR and GAAP.
32 B. CONTRACTOR may be required to submit periodic Expenditure Reports throughout the term
33 of this Agreement.
34
35 X. FACILITIES, PAYMENTS AND SERVICES
36 CONTRACTOR agrees to provide the services, staffing, facilities, and supplies in accordance with
37 Exhibit(s) A, B, C, and D to this Agreement. COUNTY shall compensate, and authorize, when
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CITY of TusTIN
DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
1 applicable, said services. CONTRACTOR shall operate continuously throughout the term of this
2 Agreement with at least the minimum number and type of staff which meet applicable federal and state
3 requirements, and which are necessary for the provision of the services hereunder.
4
5 XI. INDEMNIFICATION AND INSURANCE
6 A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY,
7 and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special
8 districts and agencies for which COUNTY's Board of Supervisors acts as the governing Board
9 (COUNTY INDEMNITEES) harmless from any claims, demands or liability of any kind or nature,
10 including but not limited to personal injury or property damage, arising from or related to the services,
11 products or other performance provided by CONTRACTOR pursuant to this Agreement. If judgment is
12 entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the
13 concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and
14 COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request
15 a jury apportionment.
16 B. COUNTY agrees to indemnify, defend and hold CONTRACTOR, its officers, employees,
17 and/or agents harmless from any claims, demands, or liability of any kind or nature, including but not
18 limited to personal injury or property damage, arising from or related to the services, products or other
19 performance provided by COUNTY pursuant to this Agreement. If judgment is entered against
20 COUNTY and CONTRACTOR by a court of competent jurisdiction because of the concurrent active
21 negligence of CONTRACTOR, COUNTY and CONTRACTOR agree that liability will be apportioned
22 as determined by the court. Neither party shall request a jury apportionment.
23 C. Each party agrees to provide the indemnifying party with written notification of any claim
24 related to services provided by either party pursuant to this Agreement within thirty (30) calendar days
25 of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation,
26 each party shall cooperate with the indemnifying party in its defense.
27 D. Prior to the provision of services under this contract, CONTRACTOR agrees to purchase all
28 required insurance at CONTRACTOR's expense, including all endorsements required herein, necessary
29 to satisfy the County that the insurance provisions of this contract have been complied with.
30 CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements
31 on deposit with the County during the entire term of this contract. In addition, all subcontractors
32 performing work on behalf of CONTRACTOR pursuant to this contract shall obtain insurance subject to
33 the same terms and conditions as set forth herein for CONTRACTOR.
34 E. Contractor shall ensure that all subcontractors performing work on behalf of CONTRACTOR
35 pursuant to this Agreement shall be covered under CONTRACTOR's insurance as an Additional
36 Insured or maintain insurance subject to the same terms and conditions as set forth herein for
37 CONTRACTOR. CONTRACTOR shall not allow subcontractors to work if subcontractors have less
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
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than the level of coverage required by COUNTY from CONTRACTOR under this agreement. It is the
obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor
and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of
insurance must be maintained by CONTRACTOR through the entirety of this agreement for inspection
by COUNTY representative(s) at any reasonable time.
F. All self-insured retentions (SIRs) and deductibles shall be clearly stated on the Certificate of
Insurance. If no SIRs or deductibles apply, indicate this on the Certificate of Insurance with a zero (0)
by the appropriate line of coverage.
G. If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this
contract, COUNTY may terminate this contract.
H. QUALIFIED INSURER
1. The policy or policies of insurance must be issued by an insurer with a minimum rating of
A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current
edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred,
but not mandatory, that the insurer be licensed to do business in the state of California (California
Admitted Carrier).
2. If the insurance carrier does not have an A.M. Best Rating of A -/VIII, the CEO/Office of
Risk Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
3. The policy or policies of insurance maintained by CONTRACTOR shall provide the
minimum limits and coverage as set forth below:
Coverage
Commercial General Liability
Automobile Liability including coverage
for owned, non -owned and hired vehicles
Workers' Compensation
35 Employers' Liability Insurance
36
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Minimum Limits
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
Statutory
$1,000,000 per occurrence
TUS03-MAPODO 1MSKK18
DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3D0-BDB72C28683D
1 L REQUIRED COVERAGE FORMS
2 1. The Commercial General Liability coverage shall be written on Insurance Services Office
3 (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.
4 2. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05,
5 CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.
6 J. REQUIRED ENDORSEMENTS — The Commercial General Liability policy shall contain the
7 following endorsements, which shall accompany the Certificate of Insurance:
8 1. An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a format least
9 as broad naming the County of Orange its elected and appointed officials, officers, agents and
10 employees as Additional Insureds.
11 2. A primary non-contributing endorsement evidencing that the Contractor's insurance is
12 primary and any insurance or self-insurance maintained by the County of Orange shall be excess and
13 non-contributing.
14 K. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving
15 all rights of subrogation against the County of Orange, its elected and appointed officials, officers,
16 agents and employees.
17 L. All insurance policies required by this contract shall waive all rights of subrogation against the
18 County of Orange, its elected and appointed officials, officers, agents and employees when acting within
19 the scope of their appointment or employment.
20 M. Contractor shall notify COUNTY in writing within thirty (30) days of any policy cancellation
21 and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to
22 COUNTY. Failure to provide written notice of cancellation may constitute a material breach of the
23 contract, upon which COUNTY may suspend or terminate this contract.
24 N. The Commercial General Liability policy shall contain a severability of interests clause also
25 known as a "separation of insureds" clause (standard in the ISO CG 0001 policy).
26 0. Insurance certificates should be forwarded to the agency/department address listed on the
27 solicitation.
28 P. If CONTRACTOR fails to provide the insurance certificates and endorsements within seven (7)
29 days of notification by CEO/Purchasing or the agency/department purchasing division, award may be
30 made to the next qualified vendor.
31 Q. COUNTY expressly retains the right to require CONTRACTOR to increase or decrease
32 insurance of any of the above insurance types throughout the term of this contract. Any increase or
33 decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to
34 adequately protect COUNTY.
35 R. COUNTY shall notify CONTRACTOR in writing of changes in the insurance requirements. If
36 Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with
37 COUNTY incorporating such changes within thirty (30) days of receipt of such notice, this contract may
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be in breach without further notice to CONTRACTOR, and COUNTY shall be entitled to all legal.
remedies.
S. The procuring of such required policy or policies of insurance shall not be construed to limit
CONTRACTORS liability hereunder nor to fulfill the indemnification provisions and requirements of
this contract, nor act in any way to reduce the policy coverage and limits available from the insurer.
T. SUBMISSION OF INSURANCE DOCUMENTS
1. The COI and endorsements shall be provided to COUNTY as follows:
a. Prior to the start date of this Agreement.
b. No later than the expiration date for each policy.
c. Within. thirty (30) calendar days upon receipt of written notice by COUNTY regarding
changes to any of the insurance types as set forth in Subparagraph F. of this Agreement.
2. The COI and endorsements shall be provided to the COUNTY at the address as referenced
in the Referenced Contract Provisions of this Agreement.
3. If CONTRACTOR fails to submit the COI and endorsements that meet the insurance
provisions stipulated in this Agreement by the above specified due dates, ADMINISTRATOR shall
have sole discretion to impose one or both of the following:
a. ADMINISTRATOR may withhold or delay any or all payments due CONTRACTOR
pursuant to any and all Agreements between COUNTY and CONTRACTOR until such time that the
required COI and endorsements that meet the insurance provisions stipulated in this Agreement are
submitted to ADMINISTRATOR.
b. CONTRACTOR maybe assessed a penalty of one hundred dollars ($100) for each late
COI or endorsement for each business day, pursuant to any and all Agreements between COUNTY and
CONTRACTOR, until such time that the required COI and endorsements that meet the insurance
provisions stipulated in this Agreement are submitted to ADMINISTRATOR.
c. If CONTRACTOR is assessed a late penalty, the amount shall be deducted from
CONTRACTOR's monthly invoice.
4. In no cases shall assurances by CONTRACTOR, its employees, agents, including any
insurance agent, be construed as adequate evidence of insurance. COUNTY will only accept valid
COI's and endorsements, or in the interim, an insurance binder as adequate evidence of insurance.
XII. 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, financial statements, general
ledgers, relevant accounting systems, 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
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
1 audit, review, evaluation, or examination, or making transcripts during the periods of retention set forth
2 in the Records Management and Maintenance Paragraph of this Agreement. Such persons may at all
3 reasonable times inspect or otherwise evaluate the services provided pursuant to this Agreement, and the
4 premises in which they are provided.
5 B. CONTRACTOR shall actively participate and cooperate with any person specified in
6 Subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this
7 Agreement, and shall provide the above—mentioned persons adequate office space to conduct such
8 evaluation or monitoring.
9 C. AUDIT RESPONSE
10 1. Following an audit report, in the event of non—compliance with applicable laws and
11 regulations governing funds provided through this Agreement, COUNTY may terminate this Agreement
12 as provided for in the Termination Paragraph or direct CONTRACTOR to immediately implement
13 appropriate corrective action. A plan of corrective action shall be submitted to ADMINISTRATOR in
14 writing within thirty (30) calendar days after receiving notice from ADMINISTRATOR.
15 2. If the audit reveals that money is payable from one party to the other, that is, reimbursement
16 by CONTRACTOR to COUNTY, or payment of sums due from COUNTY to CONTRACTOR, said
17 funds shall be due and payable from one party to the other within sixty (60) calendar days of receipt of
18 the audit results. If reimbursement is due from CONTRACTOR to COUNTY, and such reimbursement
19 is not received within said sixty (60) calendar days, COUNTY may, in addition to any other remedies
20 provided by law, reduce any amount owed CONTRACTOR by an amount not to exceed the
21 reimbursement due COUNTY.
22 D. CONTRACTOR shall retain a licensed certified public accountant, who will prepare and file
23 with ADMINISTRATOR, an annual, independent, organization -wide audit of related expenditures as
24 may be required during the term of this Agreement.
25 E. CONTRACTOR shall forward to ADMINISTRATOR a copy of any audit report within
26 fourteen (14) calendar days of receipt. Such audit shall include, but not be limited to, management,
27 financial, programmatic or any other type of audit of CONTRACTOR's operations, whether or not the
28 cost of such operation or audit is reimbursed in whole or in part through this Agreement.
29
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
I XIII. LICENSES AND LAWS
2 A. CONTRACTOR, its officers, agents, employees, affiliates, and subcontractors shall, throughout
3 the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates,
4 accreditations, waivers, and exemptions necessary for the provision of the services hereunder and
5 required by the laws, regulations and requirements of the United States, the State of California,
6 COUNTY, and all other applicable governmental agencies. CONTRACTOR shall notify
7 ADMINISTRATOR immediately and in writing of its inability to obtain or maintain, irrespective of the
8 pendency of any hearings or appeals, permits, licenses, approvals, certificates, accreditations, waivers
9 and exemptions. Said inability shall be cause for termination of this Agreement.
10 B. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS
11 1. CONTRACTOR agrees to furnish to ADMINISTRATOR within thirty (30) calendar days
12 of the award of this Agreement:
13 a. In the case of an individual contractor, his/her name, date of birth, social security
14 number, and residence address;
15 b. In the case of a contractor doing business in a form other than as an individual, the
16 name, date of birth, social security number, and residence address of each individual who owns an
17 interest of ten percent (10%) or more in the contracting entity;
18 c. A certification that CONTRACTOR has fully complied with all applicable federal and
19 state reporting requirements regarding its employees;
20 d. A certification that CONTRACTOR has fully complied with all lawfully served Wage
21 and Earnings Assignment Orders and Notices of Assignment, and will continue to so comply.
22 2. Failure of CONTRACTOR to timely submit the data and/or certifications required by
23 Subparagraphs La., Lb,., l.c., or l.d. above, or to comply with all federal and state employee reporting
24 requirements for child support enforcement, or to comply with all lawfully served Wage and Earnings
25 Assignment Orders and Notices of Assignment, shall constitute a material breach of this Agreement;
26 and failure to cure such breach within sixty (60) calendar days of notice from COUNTY shall constitute
27 grounds for termination of this Agreement.
28 3. It is expressly understood that this data will be transmitted to governmental agencies
29 charged with the establishment and enforcement of child support orders, or as permitted by federal
30 and/or state statute.
31 //
32 //
33 U
34 //
35 //
36 //
37 H
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I XIV. LITERATURE, ADVERTISEMENTS, AND SOCIAL MEDIA
2 A. Any written information or literature, including educational or promotional materials,
3 distributed by CONTRACTOR to any person or organization for purposes directly or indirectly related
4 to this Agreement must be approved at least thirty (30) days in advance and in writing by
5 ADMINISTRATOR before distribution. For the purposes of this Agreement, distribution of written
6 materials shall include, but not be limited to, pamphlets, brochures, flyers, newspaper or magazine ads,
7 and electronic media such as the Internet.
8 B. Any advertisement through radio, television broadcast, or the Internet, for educational or
9 promotional purposes, made by CONTRACTOR for purposes directly or indirectly related to this
10 Agreement must be approved in advance at least thirty (30) days and in writing by ADMINISTRATOR.
11 C. If CONTRACTOR uses social media (such as Facebook, Twitter, YouTube or other publicly
12 available social media sites) in support of the services described within this Agreement,
13 CONTRACTOR shall develop social media policies and procedures and have them available to
14 ADMINISTRATOR upon reasonable notice. CONTRACTOR shall inform ADMINISTRATOR of all
15 forms of social media used to either directly or indirectly support the services described within this
16 Agreement. CONTRACTOR shall comply with COUNTY Social Media Use Policy and Procedures as
17 they pertain to any social media developed in support of the services described within this Agreement.
18 CONTRACTOR shall also include any required funding statement information on social media when
19 required by ADMINISTRATOR.
20 D. Any information as described in Subparagraphs A. and B. above shall not imply endorsement
21 by COUNTY, unless ADMINISTRATOR consents thereto in writing.
22
23 XV. MAXIMUM OBLIGATION
24 The Aggregate Maximum Obligation of COUNTY for services provided in accordance with all
25 agreements for Point of Dispensing Site Services is as specified in the Referenced Contract Provisions
26 of this Agreement. This specific Agreement with CONTRACTOR is only one of several agreements to
27 which this Aggregate Maximum Obligation applies. It therefore is understood by the parties that
28 reimbursement to CONTRACTOR will be only a fraction of this Aggregate Maximum Obligation.
29
30 XVI. NONDISCRIMINATION
31 A. EMPLOYMENT
32 1. During the term of this Agreement, CONTRACTOR and its Covered Individuals shall not
33 unlawfully discriminate against any employee or applicant for employment because of his/her ethnic
34 group identification, race, religion, ancestry, color, creed, sex, marital status, national origin, age (40
35 and over), sexual orientation, medical condition, or physical or mental disability. Additionally, during
36 the term of this Agreement, CONTRACTOR and its Covered Individuals shall require in its
37 subcontracts that subcontractors shall not unlawfully discriminate against any employee or applicant for
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I employment because of his/her ethnic group identification, race, religion, ancestry, color, creed, sex,
2 marital status, national origin, age (40 and over), sexual orientation, medical condition, or physical or
3 mental disability.
4 2. CONTRACTOR and its Covered Individuals shall not discriminate against employees or
5 applicants for employment in the areas of employment, promotion, demotion or transfer; recruitment or
6 recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection
7 for training, including apprenticeship.
8 ' 3. CONTRACTOR shall not discriminate between employees with spouses and employees
9 with domestic partners, or discriminate between domestic partners and spouses of those employees, in
10 the provision of benefits.
11 4. CONTRACTOR shall post in conspicuous places, available to employees and applicants for
12 employment, notices from ADMINISTRATOR and/or the United States Equal Employment
13 Opportunity Commission setting forth the provisions of the Equal Opportunity clause.
14 5. All solicitations or advertisements for employees placed by or on behalf of
15 CONTRACTOR and/or subcontractor shall state that all qualified applicants will receive consideration
16 for employment without regard to ethnic group identification, race, religion, ancestry, color, creed, sex,
17 marital status, national origin, age (40 and over), sexual orientation, medical condition, or physical or
18 mental disability. Such requirements shall be deemed fulfilled by use of the term EOE.
19 6. Each labor union or representative of workers with which CONTRACTOR and/or
20 subcontractor has a collective bargaining agreement or other contract or understanding must post a
21 notice advising the labor union or workers' representative of the commitments under this
22 Nondiscrimination Paragraph and shall post copies of the notice in conspicuous places available to
23 employees and applicants for employment.
24 B. SERVICES, BENEFITS AND FACILITIES — CONTRACTOR and/or subcontractor shall not
25 discriminate in the provision of services, the allocation of benefits, or in the accommodation in facilities
26 on the basis of ethnic group identification, race, religion, ancestry, color, creed, sex, marital status,
27 national origin, age (40 and over), sexual orientation, medical condition, or physical or mental disability
28 in accordance with Title IX of the Education Amendments of 1972 as they relate to 20 USC §1681 -
29 §1688; Title VI of the Civil Rights Act of 1964 (42 USC §2000d); the Age Discrimination Act of 1975
30 (42 USC §6101); and Title 9, Division 4, Chapter 6, Article 1 (§10800, et seq.) of the California Code of
31 Regulations,) as applicable, and all other pertinent rules and regulations promulgated pursuant thereto,
32 and as otherwise provided by state law and regulations, as all may now "exist or be hereafter amended or
33 changed. For the purpose of this Nondiscrimination paragraph, Discrimination includes, but is not
34 limited to the following based on one or more of the factors identified above:
35 1. Denying a client or potential client any service, benefit, or accommodation.
36 2. Providing any service or benefit to a client which is different or is provided in a different
37 manner or at a different time from that provided to other clients.
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
1 3. Restricting a client in any way in the enjoyment of any advantage or privilege enjoyed by
2 others receiving any service or benefit.
3 4. Treating a client differently from others in satisfying any admission requirement or
4 condition, or eligibility requirement or condition, which individuals must meet in order to be provided
5 any service or benefit.
6 5. Assignment of times or places for the provision of services.
7 C. COMPLAINT PROCESS — CONTRACTOR shall establish procedures for advising all clients
8 through a written statement that CONTRACTOR and/or subcontractor's clients may file all complaints
9 alleging discrimination in the delivery of services with CONTRACTOR, subcontractor, and
10 ADMINISTRATOR or the U.S. Department of Health and Human Services' OCR.
11 1. Whenever possible, problems shall be resolved informally and at the point of service.
12 CONTRACTOR shall establish an internal informal problem resolution process for clients not able to
13 resolve such problems at the point of service. Clients may initiate a grievance or complaint directly with
14 CONTRACTOR either orally or in writing.
15 2. Within the time limits procedurally imposed, the complainant shall be notified in writing as
16 to the findings regarding the alleged complaint and, if not satisfied with the decision, may file an appeal.
17 D. PERSONS WITH DISABILITIES — CONTRACTOR and/or subcontractor agree to comply
18 with the provisions of §504 of the Rehabilitation Act of 1973, as amended, (29 USC 794 et seq., as
19 implemented in 45 CFR 84.1 et seq.), and the Americans with Disabilities Act of 1990 (42 USC 12101
20 et seq.),as applicable, pertaining to the prohibition of discrimination against qualified persons with
21 disabilities in all programs or activities; and if applicable, as implemented in Title 45, CFR, §84.1 et
22 seq., as they exist now or may be hereafter amended together with succeeding legislation.
23 E. RETALIATION — Neither CONTRACTOR nor subcontractor, nor its employees or agents shall
24 intimidate, coerce or take adverse action against any person for the purpose of interfering with rights
25 secured by federal or state laws, or because such person has filed a complaint, certified, assisted or
26 otherwise participated in an investigation, proceeding, hearing or any other activity undertaken to
27 enforce rights secured by federal or state law.
28 F. In the event of non-compliance with this paragraph or as otherwise provided by federal and
29 state law, this Agreement may be canceled, terminated or suspended in whole or in part and
30 CONTRACTOR or subcontractor may be declared ineligible for further contracts involving federal,
31 state or county funds.
32
33 XVII. NOTICES
34 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements
35 authorized or required by this Agreement shall be effective:
36 //
37 //
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1 1. When written and deposited in the United States mail, first class postage prepaid and
2 addressed as specified in the Referenced Contract Provisions of this Agreement or as otherwise directed
3 by ADMINISTRATOR;
4 2. When faxed, transmission confirmed;
5 3. When sent by Email; or
6 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel
7 Service, or other expedited delivery service.
8 B. Termination Notices shall be addressed as specified in the Referenced Contract Provisions of
9 this Agreement or as otherwise directed by ADMINISTRATOR and shall be effective when faxed,
10 transmission confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United
11 Parcel Service, or other expedited delivery service.
12 C. CONTRACTOR shall notify ADMINISTRATOR, in writing, within twenty-four (24) hours of
13 becoming aware of any occurrence of a serious nature, which may expose COUNTY to liability. Such
14 occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or
15 damage to any COUNTY property in possession of CONTRACTOR.
16 D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by
17 ADMINISTRATOR.
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19 XVIII. NOTIFICATION OF PUBLIC EVENTS AND MEETINGS
20 A. CONTRACTOR shall notify ADMINISTRATOR of any public event or meeting funded in
21 whole or part by the COUNTY, except for those events or meetings that are intended solely to serve
22 clients or occur in the normal course of business.
23 B. CONTRACTOR shall notify ADMINISTRATOR at least thirty (30) business days in advance
24 of any applicable public event or meeting. The notification must include the date, time, duration,
25 location and purpose of public event or meeting. Any promotional materials or event related flyers must
26 be approved by ADMINISTRATOR prior to distribution.
27
28 XIX. RECORDS MANAGEMENT AND MAINTENANCE
29 A. CONTRACTOR, its officers, agents, employees and subcontractors shall, throughout the term
30 of this Agreement, prepare, maintain and manage records appropriate to the services provided and in
31 accordance with this Agreement and all applicable requirements.
32 B. CONTRACTOR shall ensure appropriate financial records related to cost reporting,
33 expenditure, revenue, billings, etc., are prepared and maintained accurately and appropriately.
34 C. CONTRACTOR shall ensure all appropriate state and federal standards of documentation,
35 preparation, and confidentiality of records related to participant, client and/or patient records are met at
36 all times.
37 U
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D. CONTRACTOR shall retain all financial records for a minimum of seven (7) years from the
commencement of the contract, unless a longer period is required due to legal proceedings such as
litigations and/or settlement of claims.
E. 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.
F. 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.
G. 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.
H. CONTRACTOR shall notify ADMINISTRATOR of any PRA requests related to, or arising out
of, this Agreement, within forty-eight (48) hours. CONTRACTOR shall provide ADMINISTRATOR
all information that is requested by the PRA request.
XX. RESEARCH AND PUBLICATION
CONTRACTOR shall not utilize information and data received from COUNTY or developed as a
result of this Agreement for the purpose of personal publication.
XXI. RIGHT TO WORK AND MINIMUM WAGE LAWS
A. In accordance with the United States Immigration Reform and Control Act of 1986,
CONTRACTOR shall require its employees directly or indirectly providing service pursuant to this
Agreement, in any manner whatsoever, to verify their identity and eligibility for employment in the
United States. CONTRACTOR shall also require and verify that its contractors, subcontractors, or any
other persons providing services pursuant to this Agreement, in any manner whatsoever, verify the
identity of their employees and their eligibility for employment in the United States.
B. Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and
State of California Labor Code, § 1178.5, CONTRACTOR shall pay no less than the greater of the
federal or California Minimum Wage to all its employees that directly or indirectly provide services
pursuant to this Agreement, in any manner whatsoever. CONTRACTOR shall require and verify that
all its contractors or other persons providing services pursuant to this Agreement on behalf of
CONTRACTOR also pay their employees no less than the greater of the federal or California Minimum
Wage.
C. CONTRACTOR shall comply and verify that its contractors comply with all other federal and
State of California laws for minimum wage, overtime pay, record keeping, and child labor standards
pursuant to providing services pursuant to this Agreement.
D. Notwithstanding the minimum wage requirements provided for in this clause, CONTRACTOR,
where applicable, shall comply with the prevailing wage and related requirements, as provided for in
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
I accordance with the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the
2 State of California (§§1770, et seq.), as it exists or may hereafter be amended.
3
4 XXII. SEVERABILITY
5 If a court of competent jurisdiction declares any provision of this Agreement or application thereof
6 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any
7 federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or
8 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain
9 in full force and effect, and to that extent the provisions of this Agreement are severable.
10
11 XXIII. SPECIAL PROVISIONS
12 A. CONTRACTOR shall not use the funds provided by means of this Agreement for the following
13 purposes:
14 1. Making cash payments to intended recipients of services through this Agreement.
15 2. Lobbying any governmental agency or official. CONTRACTOR shall file all certifications
16 and reports in compliance with this requirement pursuant to Title 31, USC, §1352 (e.g., limitation on
17 use of appropriated funds to influence certain federal contracting and financial transactions).
18 3. Fundraising.
19 4. Purchase of gifts, meals, entertainment, awards, or other personal expenses for
20 CONTRACTOR's staff, volunteers, or members of the Board of Directors.
21 5. Reimbursement of CONTRACTOR's members of the Board of Directors for expenses or
22 services.
23 6. Making personal loans to CONTRACTOR's staff, volunteers, interns, consultants,
24 subcontractors, and members of the Board of Directors or its designee or authorized agent, or malting
25 salary advances or giving bonuses to CONTRACTOR's staff.
26 7. Paying an individual salary or compensation for services at a rate in excess of the current
27 Level I of the Executive Salary Schedule as published by the OPM. The OPM Executive Salary
28 Schedule may be found at www.opm.gov.
29 8. Severance pay for separating employees.
30 9. Paying rent and/or lease costs for a facility prior to the facility meeting all required building
31 codes and obtaining all necessary building permits for any associated construction.
32 B. Unless otherwise specified in advance and in writing by ADMINISTRATOR, CONTRACTOR
33 shall not use the funds provided by means of this Agreement for the following purposes:
34 1. Funding travel or training (excluding mileage or parking).
35 2. Making phone calls outside of the local area unless documented to be directly for the
36 purpose of client care.
37 3. Payment for grant writing, consultants, certified public accounting, or legal services.
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3D0-BDB72C28683D
1 4. Purchase of artwork or other items that are for decorative purposes and do not directly
2 contribute to the quality of services to be provided pursuant to this Agreement.
3
4 XXIV. STATUS OF CONTRACTOR
5 CONTRACTOR is, and shall at all times be deemed to be, an independent contractor and shall be
6 wholly responsible for the manner in which it performs the services required of it by the terms of this
7 Agreement. CONTRACTOR is entirely responsible for compensating staff, subcontractors, and
8 consultants employed by CONTRACTOR. This Agreement shall not be construed as creating the
9 relationship of employer and employee, or principal and agent, between COUNTY arid CONTRACTOR
10 or any of CONTRACTOR's employees, agents, consultants, or subcontractors. CONTRACTOR
11 assumes exclusively the responsibility for the acts of its employees, agents, consultants, or
12 subcontractors as they relate to the services to be provided during the course and scope of their
13 employment. CONTRACTOR, its agents, employees, consultants, or subcontractors, shall not be
14 entitled to any rights or privileges of COUNTY's employees and shall not be considered in any manner
15 to be COUNTY's employees.
16
17 XXV. TERM
18 A. This specific Agreement with CONTRACTOR is only one of several agreements to which the
19 term of this Agreement applies. This specific Agreement shall commence as specified in the Reference
20 Contract Provisions of this Agreement or the execution date, whichever is later. This specific
21 Agreement shall terminate as specified in the Referenced Contract Provisions of this Agreement, unless
22 otherwise sooner terminated as provided in this Agreement; provided, however, CONTRACTOR shall
23 be obligated to perform such duties as would normally extend beyond this term, including but not
24 limited to, obligations with respect to confidentiality, indemnification, audits, reporting and accounting.
25 B. Any administrative duty or obligation to be performed pursuant to this Agreement on a weekend
26 or holiday may be performed on the next regular business day.
27
28 XXVI. TERMINATION
29 A. Either party may terminate this Agreement, without cause, upon thirty (30) calendar days
30 written notice given the other party.
31 B.. Unless otherwise specified in this Agreement, COUNTY may terminate this Agreement upon
32 five (5) calendar days written notice if CONTRACTOR fails to perform any of the terms of this
33 Agreement. At ADMINISTRATOR'S sole discretion, CONTRACTOR may be allowed up to thirty
34 (30) calendar days for corrective action.
35 C. COUNTY may terminate this Agreement immediately, upon written notice, on the occurrence
36 of any of the following events:
37 1. The loss by CONTRACTOR of legal capacity.
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
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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.
4. The neglect by any physician or licensed person employed by CONTRACTOR of any duty
required pursuant to this Agreement.
5. The loss of accreditation or any license required by the Licenses and Laws Paragraph of
this Agreement.
6. The continued incapacity of any physician or licensed person to perform duties required
pursuant to this Agreement.
7. Unethical conduct or malpractice by any physician or licensed person providing services
pursuant to this Agreement; provided, however, COUNTY may waive this option if CONTRACTOR
removes such physician or licensed person from serving persons treated or assisted pursuant to this
Agreement.
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 suspend,
terminate or renegotiate this Agreement upon thirty (30) calendar days written notice given
CONTRACTOR. If COUNTY elects to renegotiate this Agreement due to reduced or terminated
funding, CONTRACTOR shall not be obligated to accept the renegotiated terms.
E. In the event this Agreement is suspended or terminated prior to the completion of the term as
specified in the Referenced Contract Provisions of this 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.
F. In the event this Agreement is terminated by either party pursuant to Subparagraphs B., C. or D.
above, 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. Until the date of termination, continue to provide the same level of service required by this
Agreement.
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
1 4. If clients are to be transferred to another facility for services, furnish ADMINISTRATOR,
2 upon request, all client information and records deemed necessary by ADMINISTRATOR to effect an
3 orderly transfer.
4 5. Assist ADMINISTRATOR in effecting the transfer of clients in a manner consistent with
5 client's best interests.
6 6. If records are to be transferred to COUNTY, pack and label such records in accordance
7 with directions provided by ADMINISTRATOR.
8 7. Return to COUNTY, in the manner indicated by ADMINISTRATOR, any equipment and
9 supplies purchased with funds provided by COUNTY.
10 8. To the extent services are terminated, cancel outstanding commitments covering the
11 procurement of materials, supplies, equipment, and miscellaneous items, as well as outstanding
12 commitments which relate to personal services. With respect to these canceled commitments,
13 CONTRACTOR shall submit a written plan for settlement of all outstanding liabilities and all claims
14 arising out of such cancellation of commitment which shall be subject to written approval of
15 ADMINISTRATOR.
16 G. The rights and remedies of COUNTY provided in this Termination Paragraph shall not be
17 exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement.
18
19 XXVII. THIRD PARTY BENEFICIARY
20 Neither party hereto intends that this Agreement shall create rights hereunder in third parties
21 including, but not limited to, any subcontractors or any clients provided services pursuant to this
22 Agreement.
23
24 XXVIII. WAIVER OF DEFAULT OR BREACH
25 Waiver by COUNTY of any default by CONTRACTOR shall not be considered a waiver of any
26 subsequent default. Waiver by COUNTY of any breach by CONTRACTOR of any provision of this
27 Agreement shall not be considered a waiver of any subsequent breach. Waiver by COUNTY of any
28 default or any breach by CONTRACTOR shall not be considered a modification of the terms of this
29 Agreement.
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CITY OF TusTIN
DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
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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
BY:
HEALTH CARE AGENCY
APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY:FDocuSigned by:
46�
Df IrTr
fIrTr aFD...
DATED:
DATED:
DATED:
DATED: 814/2017
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 ADMINISTRATOR.
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CTTY of TusTIN
TUS03-MAPODO IMSKKI8
DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
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EXHIBIT A
TO AGREEMENT FOR PROVISION OF
POINT OF DISPENSING SITE SERVICES
CITY OF TUSTIN
JULY 1, 2015 THROUGH JUNE 30, 2018
I. POD SERVICES
CONTRACTOR agrees to provide the following Point of Dispensing Site Services pursuant to the
terms and conditions specified in the Agreement for provision of such services by and between
COUNTY and CONTRACTOR dated July 1, 2015 as hereinafter indicated. CONTRACTOR and
COUNTY may mutually agree, in writing, to add or delete services to be provided by CONTRACTOR.
POD Planning Services
as specified in Exhibit C
POD Exercise Services
as specified in Exhibit D
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CITY OF TUSTIN
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EXHIBIT A
TUS03MAPODOIMSKKI8
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EXHIBIT B
TO AGREEMENT FOR PROVISION OF
POINT OF DISPENSING SITE SERVICES
CITY OF TUSTIN
JULY 1, 2015 THROUGH JUNE 30, 2018
I. DEFINITIONS
A. Emergency Operations Center (EOC) means any city, county and/or agency center designed to
coordinate and manage city, county, and/or agency response activities.
B. EOC Exercise means an event designed to test and evaluate the coordination, management, and
communication of the Health EOC and the City's EOC using the guidelines set forth by Homeland
Security Exercise and Evaluation Program (HSEEP) requirements.
C. Field Operations Guide (FOG) means a field response document designed to serve as a response
guidance document to be utilized in the event of POD activation by a core group of POD site plan
subject matter experts who may fill a supervisory role during a POD response or exercise.
D. Health Emergency means a situation where a potential threat to the health of the community
from a disease agent (i.e. Anthrax, Smallpox, Influenza, etc.) requires medication, medical supplies,
and/or equipment to be dispensed in mass quantity. Designation of a situation as a Health Emergency
requires an emergency declaration by the County Executive Officer and the Public Health Officer.
E. Incident Management Personnel means any sworn Fire Agency, Paramedic, or Emergency
Medical Technician employed by any city or county agency contracted with CONTRACTOR.
F. Local Distribution Center (LDC) means a pre -identified Health Care Agency location that
serves as the primary distribution point where medications, medical supplies, and/or equipment that is
set to be dispensed in mass quantity will be delivered to and then distributed to response locations for
dispensing.
G. LDC Exercise means an event designed to test and evaluate the delivery of medication, medical
supplies, and/or equipment to a POD Site using the guidelines set forth by HSEEP requirements.
H. Local Emergency Management Personnel means the designated city emergency preparedness
planner, and staff, that are employed by any city or county agency contracted with CONTRACTOR.
I. POD means Point of Dispensing.
J. POD Exercise means an event designed to test and evaluate the POD Site Plan using the
guidelines set forth by HSEEP requirements.
K. POD Site means any pre -identified location within a city and/or agency designed to provide
public citizens with medications, supplies, equipment, and/or other resources in the event of a Health
Emergency.
L. POD Site Plan means developing a plan to identify POD Sites within a city boundary in
response to a Health Emergency or to conduct POD Exercise.
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EXHIBIT B
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DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
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M. Public Safety Personnel means any sworn Law Enforcement personnel or non -sworn public
safety personnel that are employed by any city or county agency contracted with CONTRACTOR.
II. PAYMENTS
A. BASIS FOR REIMBURSEMENT — CONTRACTOR shall be compensated for services
provided pursuant to the Agreement. COUNTY shall pay CONTRACTOR monthly in arrears at the
following rates or payment of reimbursement; provided, however, the total of monthly payments to all
CONTRACTORS shall not exceed the Aggregate Maximum Obligation set forth in the Referenced
Contract Provisions of the Agreement and costs are reimbursable pursuant to COUNTY, state, and
federal regulations.
B. RATES FOR POD PLANNING SERVICES — COUNTY shall pay CONTRACTOR, in arrears,
for CONTRACTOR's personnel costs associated with developing each POD Site Plan.
CONTRACTOR shall be reimbursed for the actual cost of providing said services hereunder, not to
exceed per POD Site Plan.
POD Planning Services
Reimbursement Rate
1. POD Site Identification and Assessment $300 maximum per completed POD Site form
2. Online POD Training
3. POD Workshop
4. FOG Workshop
5. Draft POD Incident Action Plan
6. Final POD Site Plan
$450 maximum per Training completed
$1,500 maximum per Workshop attended
$3,000 maximum per Workshop attended
$750 maximum per POD Incident Action Plan
$3,000 maximum per each completed POD
Site Plan
C. PAYMENT FOR POD EXERCISE SERVICES — COUNTY shall pay CONTRACTOR, in
arrears, for providing local emergency management, public safety, and incident management personnel
in connection with Health Emergencies or POD Exercises at CONTRACTOR's POD site.
CONTRACTOR shall be reimbursed for the actual cost of providing said services hereunder, not to
exceed 9000 per site for seasonal mass vaccination exercises. List below are staff positions that are
eligible for reimbursement by COUNTY for a POD Exercise:
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EXHIBIT B
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1. City Emergency Management/Planner
2. City Emergency Management/Planning staff
3. Police Chief
4. Police Captain
5. Police Lieutenant
6. Police Sergeant
7. Police Deputy
8. Police Officer
9. Fire Chief
10. Division Chief
11. Battalion Chief
12. Fire Captain
13. Firefighter
14. Paramedic
15. Emergency Medical Technician
16. Non -sworn Law Enforcement and City Public Safety Personnel
17 Local Emergency Management Personnel
18. Incident Management Personnel
19. Emergency Operations Center Personnel
20. City Public Works Personnel
ADMINISTRATOR may, at its sole discretion, revise the list of eligible positions identified above
and shall notify CONTRACTOR in writing of any changes.
D. COUNTY and CONTRACTOR may mutually agree, in writing, to amend the payment
maximums identified in Subparagraph II.B. of this Exhibit B to the Agreement for POD Planning
Services, at a rate proportional to the attendance of the required personnel, identified in Paragraph II. of
Exhibit C to the Agreement.
E. COUNTY and CONTRACTOR may mutually agree, in writing, to amend the payment
maximums identified in Subparagraph II.0 of this Exhibit B to the Agreement for POD Exercise
Services for providing local emergency management, public safety, and incident management personnel
in connection with Health Emergencies or POD, EOC, or LDC exercises at CONTRACTOR's POD site
as identified in Paragraph II of Exhibit D to the Agreement.
F. Payment Maximum for Subparagraphs II.B. and II.C. of this Exhibit B to the Agreement, if
amended, shall not exceed COUNTY's Total Aggregate Maximum Obligation identified in the
Referenced Contract Provisions of the Agreement.
G. CONTRACTOR's invoices shall be on forms approved or supplied by ADMINISTRATOR and
include other information as required by ADMINISTRATOR. Invoices shall be submitted by the tenth
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(10th) working day of the month following the provision of services, and payments to CONTRACTOR
shall be released by COUNTY no later than the tenth (10th) calendar day of the succeeding month.
H. CONTRACTOR's billing shall identify each service as a Planning or Exercise Service.
CONTRACTOR's billings shall include any additional information as is required by
ADMINISTRATOR.
I. All costs billed to COUNTY shall be supported, at CONTRACTOR's facility, by source
documentation including, but are not limited to, ledgers, books, vouchers, payrolls, schedules for
allocating costs, journals, time sheets, invoices, bank statements, canceled checks, receipts, receiving
records, and records of services provided.
J. ADMINISTRATOR may withhold or delay any payment if CONTRACTOR fails to comply
with any provision of the Agreement.
K. COUNTY shall not reimburse CONTRACTOR for services provided beyond the expiration
and/or termination of the Agreement, except as may otherwise be provided under the Agreement.
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EXHIBIT B
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EXHIBIT C
TO AGREEMENT FOR PROVISION OF
POINT OF DISPENSING SITE SERVICES
CITY OF TUSTIN
JULY 1, 2015 THROUGH JUNE 30, 2018
I. POD PLANNING SERVICES
If CONTRACTOR has agreed to provide POD Planning Services as specified in
Exhibit A to the Agreement, CONTRACTOR shall provide said services in accordance with
Paragraph 11. below.
II. SERVICES TO BE PROVIDED
A. CONTRACTOR agrees to assist COUNTY in planning for and responding to a Health
Emergency or Exercise, by identifying POD Site locations within CONTRACTOR'S boundaries and
developing individual POD Site Plan(s). CONTRACTOR shall ensure ADMINISTRATOR approves
each POD Site location. ADMINISTRATOR and CONTRACTOR may, upon written mutual consent,
agree to revise POD Site locations as necessary. Development of the POD Site Plan shall be prepared
by CONTRACTOR personnel and the plan shall require:
1. A POD Site Identification and Assessment utilizing HCA POD site assessment form;
POD workshop attendance — where site maps, staff identification, resource identification, and incident
action plan will be developed.
2. POD workshop attendance - planning session designed to identify and develop a core group
of POD site plan subject matter experts. Required participants for this training include:
a. One (1) City Emergency Manger;
b. One (1) City Fire Representative;
c. Two (2) City Law Enforcement Representatives with one of those a traffic control
officer; and
d. One (1) Site Representative.
3. Field Operations Guide (FOG) workshop attendance —planning session designed, to identify
and develop a core group of POD site plan subject matter experts. Required participants for this training
include the following persons/functions (e.g. Fire Captain, Police Sergeant, etc.) identified within POD
organization chart to fill the following positions:
a. Two (2) Unified Command staff,
b. Two (2) Section Chiefs;
c. Three (3) Security Branch Staff;
d. Five (5) Clinic Branch Staff (i.e. check-in, line monitors, etc.);
e. Four (4) Supply Unit Staff;
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CITY OF TUSTIN
EXHIBIT C
TUS03MAPODOIMSKKI8
DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3D0-BDB72C28683D
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f. Two (2) Communications Unit Staff;
g. One (1) Planning Section Staff,
h. Two (2) Registration Staff;
i. One (1) Safety Officer;
j. Four (4) Support/Volunteer Staff; and
k. One (1) Facility/site representative.
4. Online POD planning modules designed to educate and develop a secondary group of POD
site plan subject matter experts.
5. Development and submission of a draft POD site Incident Action Plan (IAP), which must
be approved by COUNTY that includes, but is not limited to the following Incident Command System
(ICS) and HCA forms:
a. SITE MAPS AND MAPPING NOTES
b. SITE EQUIPMENT LIST
c. ICS 202 — INCIDENT OBJECTIVES
d. ICS 203 — ORGANIZATIONAL ASSIGNMENT LIST
e. SITE SECURITY PLAN
f. ICS 204 — DIVISION ASSIGNMENT LIST
g. ICS 205 — COMMUNICATIONS PLAN
h. ICS 206 — MEDICAL PLAN
i. POD ORGANIZATIONAL CHART
j. ICS 215A — SITE SAFETY MESSAGE AND ANALYSIS
k. ICS 221 — DEMOBILIZATION CHECKOUT
6. Development and submission of a Final POD site Incident Action Plan (IAP), which meets
the requirements set forth by the COUNTY and has been approved by COUNTY that includes, but is
not limited to, the following Incident Command System (ICS) and HCA forms.
B. TIMELINES
1. CONTRACTOR shall submit POD Site location(s) for ADMINISTRATOR approval by
December 15, 2017.
2. CONTRACTOR shall submit the HCA POD Site Assessment form by December 29, 2017.
3. CONTRACTOR shall provide staff to attend a POD Workshop by March 31, 2018.
4. CONTRACTOR shall provide staff to attend a FOG Workshop by April 30, 2018.
5. CONTRACTOR shall ensure a minimum of twenty (20) pertinent staff attend online
training by May 31, 2018.
6. CONTRACTOR shall submit a draft POD Site Plan to ADMINISTRATOR for each
location identified in Subparagraph II.A. of this Exhibit C to the Agreement, by June 1, 2018.
7. CONTRACTOR shall submit a final HCA approved POD Site Plan to ADMINISTRATOR
for each location identified in Subparagraph II.A. of this Exhibit C to the Agreement, by June 15, 2018.
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CITY OF TusuN
DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3D0-BDB72C28683D
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C. ADMINISTRATOR and CONTRACTOR may mutually agree, in writing, to amend the due
dates identified in Subparagraph II.B to this Exhibit A.
D. CONTRACTOR shall develop POD Site Plans.
E. LOAN EQUIPMENT
1. CONTRACTOR agrees to sign the POD Equipment Agreement.
2. COUNTY shall loan to CONTRACTOR the POD Equipment after the POD Equipment
Agreement isfully executed between the COUNTY and CONTRACTOR. Title of the items in the POD
Equipment shall remain vested in the COUNTY and the POD Equipment shall be deemed "Loaned
Equipment" while in the possession of the CONTRACTOR.
3. CONTRACTOR agrees to the transportation, presence, and storage of the Loaned
Equipment at designated POD Site(s) or location of CONTRACTOR's choosing with
ADMINISTRATOR's written approval.
4. CONTRACTOR agrees to repay all POD Site Plans funds to the COUNTY if the POD
Equipment Agreement is not fully executed within one hundred twenty (120) days after the completion
of the POD Site Plans.
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CITY OF TUSTIN
EXHIBIT C
TUS03MAP0D01MSKKI8
DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3D0-BDB72C28683D
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EXHIBIT D
TO AGREEMENT FOR PROVISION OF
POINT OF DISPENSING SITE SERVICES
CITY OF TUSTIN
JULY 1, 2015 THROUGH .LUNE 30, 2018
I. POD EXERCISE SERVICES
If CONTRACTOR has agreed to provide POD Exercise Services as specified in
Exhibit A to the Agreement, CONTRACTOR shall provide said services in accordance with
Paragraph II. below.
II. SERVICES TO BE PROVIDED
CONTRACTOR agrees to assist COUNTY in planning for and responding to a Health Emergency
or POD Exercise operations by providing local emergency management and public safety
representatives, including non -sworn police officers, logistical support, and public works support for
initiating POD sites to conduct POD Exercise operations. Participating Cities and POD Exercise
operations locations may be amended, in writing, by mutual consent of CONTRACTOR and
ADMINISTRATOR. Initiating this POD Exercise operation is designed to test the COUNTY's mass
dispensing and vaccination capabilities as well as CONTRACTOR's public emergency management,
security and safety personnel response. CONTRACTOR shall provide city, emergency operations
center, fire, emergency medical services, and additional public safety personnel for the following
components, including, but are not limited to:
A. Participation in the health EOC Exercise to include representation of local emergency
operations center staff in the overall exercise management and coordination.
B. Participation in the LDC Exercise to include representation of local law enforcement agency
staff in the overall exercise management.
C. Participation in the POD Exercise to include:
1. Representation of local emergency management, public safety, and incident management
personnel in exercise planning activities to include:
a. Initial Planning Conference (IPC);
b. Midterm Planning Conference (MPC);
c. Final Planning Conference (FPC); and
d. Interactive POD Training (IPT) overall exercise management.
2. Representation of local emergency management, public safety, and incident management
personnel overall exercise management.
3. Overall law enforcement operations management.
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EXHIBIT D
TUS03MAPODO 1MSKK18
DocuSign Envelope ID: 55E4C679-EF64-4B5B-B3DO-BDB72C28683D
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4. Oversee all security operational functions, including, but are not limited to the following
site areas:
a. Staffing and Break Areas;
b. Site Perimeter Security;
c. Command Post Security;
d. Traffic and Crowd Control Security;
e. Internal Clinic Area Security;
f. Medication Storage Security; and
g. Parking Security.
5. Representation of local emergency management personnel and fire. personnel in overall
exercise incident management activities.
6. Representation of onsite paramedics for the, exercise.
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CrrY of Tusm;
EXHIBIT D
TUS03MAPODOIMSKKI8