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Resolution No. 2020-022 RESOLUTION NO. 2020-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON RATIFYING THE APPOINTMENT OF LAURENE MASCOLA. M.D.. MPH AS HEALTH OFFICER FOR THE CITY OF VERNON AND APPROVING AND RATIFYING THE EXECUTION BY THE CITY ADMINISTRATOR OF A RELATED ESSENTIAL SERVICES AGREEMENT SECTION 1 . Recitals. A. Pursuant to California Health & Safety Code (HSC) 101450. each City is mandated to take measures as may be necessary to preserve and protect public health. B. As required by HSC 101460. and since the City does not currently contract with the County. the City must appoint a health officer in order to formalize the roles and responsibilities of the Health Department and exercise its full delegated authority. C. With the ongoing COVID-19 pandemic. the need for the City to have its own Health Officer has become indispensable as there is an increasing need for the City to address public health matters occurring within the City's boundaries. D. On June 9, 2020, the City Administrator acting as the Director of Emergency Services and pursuant to Vernon Municipal Code Section 8.8. appointed Laurene Mascola, M.D.. MPH ("Dr. Mascola") to serve as the City's Health Officer effective as of June 1. 2020 and approved and executed a related Services Agreement for this purpose. E. The City Council of the City of Vernon desires to ratify the appointment of Dr. Mascola to serve as Health Officer for the City of Vernon, and hereby approves the Agreement and ratifies and confirms the execution by the City Administrator. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council hereby finds and determines that the above recitals are true and correct and incorporates them herein by this reference. SECTION 3. The City Council hereby confirms the appointment of Laurene Mascola, M.D.. MPH to serve as the Health Officer for the City of Vernon effective June 1, 2020. SECTION 4. The City Council hereby approves, ratifies and confirms the execution of the Services Agreement by the City Administrator with Dr. Mascola to serve as Health Officer for the City of Vernon, a copy of which is attached hereto as Exhibit A. Resolution No. 2020-22 Page 2 of 20 SECTION 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 16th day of June. 2020. ETICIA LOPEZ. Mayor ATTEST: errif LISA POPE, City Cleric (seal) APPR VA AS T FOR : AR OLD M. ALVAREZ-GLASMAN. Interim City Attorney Resolution No.2020-16 Page 3 of 20 EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LAURENE MASCOLA. M.D.. M.P.H., FOR HEALTH OFFICER SERVICES COVER PAGE Contractor. Laurene MascoIa. M.D.. M.P.H. Notice Information-Contractor: ddress on file with Health Department Phone. (818) 952-4148 Facsimile: (818) 952-4945 Notice Information -City: City of Vernon 4305 Santa Fe Avenue Vernon. CA 90058 Attention: Freddie Agyin Director of Health and Environmental Control Telephone: (323) 583-8811 ext. 840 email: FAgyin@ci.vernon.ca us Commencement Date: June 1. 2020 Termination Date: May 31, 2021 Consideration: Total not to exceed $85.000 (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years. pursuant to Section 11.20 1 Resolution No.2020-16 Page 4 of 20 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LAURENE MASCOLA. M D., M.P.H..FOR HEALTH OFFICER SERVICES This Contract is made between the City of Vernon ("City"). a California charter City and California municipal corporation ( City"). and Laurene Mascola. M.D., M.P.H. (Contractor). The City and Contractor agree as follows 1 0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Administrator. 2.0 SCOPE OF SERVICES 2.1 Contractor shall perform all work necessary to complete the services set forth in the Scope of Services. Exhibit 'A" 2.2 All services shall be performed to the satisfaction of City 2.3 All services shall be performed in a competent. professional, and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL 3 1 Contractor represents that she is a sole practitioner and does not employ. nor will employ others to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor. and all personnel engaged in the work. shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The term of this Contract shall commence on June 1, 2020, and it shall continue through May 31, 2021, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and 2 Resolution No.2020-16 Page 5 of 20 around Los Angeles County for the same services. For satisfactory and timely performance of the services. the City will pay Contractor in accordance with the payment schedule set forth in Exhibit ..B. attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Contract. shall not exceed 585.000 without the prior authorization of the City. as appropriate. and written amendment of this Contract. 5.3 Contractor shall. at its sole cost and expense. furnish all necessary and incidental labor. material. supplies. facilities equipment. and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative. overhead. insurance. reproduction. telephone. air travel. auto rental, subsistence. and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement. or specifically approved in writing in advance by City. Unless otherwise approved. such costs shall be limited and include nothing more than the following costs incurred by Contractor 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement. which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges 5 4 3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed under this contract without the prior written authorization of City. As used herein. -extra work- means any work that is determined by City to be necessary for the proper completion of the Project. but which is not included within the Scope of Services and which the parties did not 3 Resolution No.2020-16 Page 6 of 20 reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit "B.' if the extra work has been approved by the City. 5 6 Licenses. Permits. Fees. and Assessments. Contractor shall obtain. at Contractor's sole cost and expense. such licenses, permits. and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees. assessments. and taxes. plus applicable penalties and interest. which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed. Contractor shall submit to the City an invoice for the services completed. authorized expenses. and authorized extra work actually performed or incurred according to said schedule 6 2 Each such invoice shall state the basis for the amount invoiced. including a detailed description of the services completed. the number of hours spent. reimbursable expenses incurred and any extra work performed 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work. if any. performed in the immediately preceding calendar month 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services. authorized costs. and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services: and will give any required decisions 4 Resolution No.2020-16 Page 7 of 20 as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff. consultants, and other staff at all reasonable times. 9.0 INDEMNITY. City agrees to indemnify Contractor. and will hold and save her of them harmless from. any and all actions. suits. claims, damages to persons or property. losses. costs. penalties. obligations. errors. omissions or liabilities (herein `claims or liabilities"), including but not limited to professional negligence. that may be asserted or claimed by any person. firm or entity arising out of or in connection with the work. operations or activities of Contractor. provided for herein. or arising from the acts or omissions of Contractor hereunder. or arising from Contractor's performance of or failure to perform any term. provision. covenant or condition of this Agreement. except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of Contractor. and subject to any available and applicable immunities allowed by law for the City or any agent of the City. 10.0 INSURANCE. City has been informed and accepts. in approving this Agreement. that Contractor does not maintain Professional Liability or Errors and Omissions Insurance. The acknowledgement and acceptance set forth herein is subject to the Indemnification and Immunities provisions set forth in Section 9.0. above. 11.0 GENERAL TERMS AND CONDITIONS 11.1 INDEPENDENT CONTRACTOR. 11.1 1 It is understood that in the performance of the services herein provided for, Contractor shall be. and is, an independent contractor. and is not an agent. officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract. or any applicable statute, rule. or regulation. Further. Contractor has and shall retain the right to exercise full control over the employment. direction. compensation and discharge of all persons employed by Contractor in the performance of the services 5 Resolution No.2020-16 Page 8 of 20 hereunder. City assumes no liability for taxes. bonds. payments. or other commitments. implied or explicit. by or for Contractor 11.1.2 Contractor acknowledges that Contractor shall not, under any circumstances. be considered an employee of the City. and that they shall not be entitled to any of the benefits or rights afforded employees of City, including. but not limited to. sick leave. vacation leave. holiday pay. Public Employees Retirement System benefits, or health. life. dental. long-term disability or workers' compensation insurance benefits. 11.2 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports. drawings. plans. specifications. . studies. memoranda. computation sheets. and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.3 CORRECTION OF WORK. Contractor shall promptly correct any defective. inaccurate or incomplete tasks. deliverables. goods. services and other work. without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects. inaccuracy. or incompleteness. 11.4 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor. when requested, shall furnish clarification and/or explanation as may be required by the City. regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs. then Contractor shall. at no cost to City. provide all necessary design 6 Resolution No.2020-16 Page 9 of 20 drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.5 WAIVER The City's waiver of any term, condition. breach. or default of this Contract shall not be considered to be a waiver of any other term. condition. default or breach. nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.6 SUCCESSORS. This Contract shall inure to the benefit of. and shall be binding upon. the parties hereto and their respective heirs successors. and/or assigns. 11.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney. which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties from their obligations or otherwise constitute a novation. 11 8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal. State. County and City laws. ordinances, rules and regulations. which are. as amended from time to time. incorporated herein and applicable to the performance hereof, including but without limitation. the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable 7 Resolution No.2020-16 Page 10 of 20 attorney's fees, costs. and necessary disbursements in addition to any other relief to which such party may be entitled. 11 10 INTERPRETATION. 11.10.1 Applicable Law. This Contract shall be deemed a contract and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder. and submits to the jurisdiction thereof. 11.10.2 Entire Agreement. This Contract. including any exhibits attached hereto. constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations. representations. understandings. correspondence. documentation. and agreements (written or oral). 11.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 11.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid. illegal. void. or unenforceable. such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal. or unenforceable portion had never been part of this Contract. 11.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. 11.10.6 Duplicate Originals. There shall be two (2)fully signed copies of this Contract. each of which shall be deemed an original. 8 Resolution No.2020-16 Page 11 of 20 11.10.7 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement. this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant. term. and provision hereof. 11.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right. power. legal capacity, and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 11.13 ARBITRATION OF DISPUTES. Any dispute for under S25.000 arising out of or relating to the negotiation, construction. performance. non-performance. breach, or any other aspect of this Contract. shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles. California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.14 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail. addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Freddie Agyin, Director of Health and Environmental Control 4305 Santa Fe Avenue Vernon, CA 90058 9 Resolution No.2020-16 Page 12 of 20 If to the Contractor: Laurene Mascola, M.D.. M.P.H. Address on file with Health Department Any such notice shall be deemed to have been given upon delivery, if personally delivered. or. if mailed. upon receipt. or upon expiration of three (3) business days from the date of posting. whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.15 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in. under. or to this Agreement. 11.16 TERMINATION FOR CONVENIENCE (Without Cause). City or Contractor may terminate this Contract in whole or in part at any time. for any cause or without cause. upon written notice to the other party. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations. City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.17 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice. which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor. the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or 10 Resolution No.2020-16 Page 13 of 20 default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default. then the city may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. 11.18 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract. including the payment of money. except for payment for services satisfactorily and timely performed prior to the service of the notice of termination. and except for reimbursement of(1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner. and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein. City may require. at no additional cost to City. that Contractor provide all finished or unfinished documents. data. and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.18.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein. City may procure. upon such terms and in such manner as it may determine appropriate. services similar to those terminated. 11.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives. shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 11 Resolution No.2020-16 Page 14 of 20 The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request. promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon. including_ but not limited to. such additional (out of the City) expenses for personnel. salaries. private auditors, travel, lodging. meals. and overhead. 11.20 CONFLICT. Contractor hereby represents, warrants, and certifies that no member. officer. or employee of the Contractor is a director. officer. or employee of the City of Vernon. or a member of any of its boards. commissions. or committees. except to the extent permitted by law. 11.21 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.22 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that. during the performance of this Contract. it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants. employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color. national origin. ancestry. disability, sex. age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C". [Signatures Begin on Next Page]. 12 Resolution No 2020-16 Page 15 of 20 IN WITNESS WHEREOF the Parties have signed this Agreement as of the Commencement Date stated on the cover page City of Vernon, a California charter City [CONTRACTOR'S NAME a [State and California municipal corporation incorporated in] corporation By ididfaftifielcir By. Oki/VC? Canoe R. Fandinp, Jr. City Administrator Name Laurene Mascola ATTEST 2(. tic rebtj Lisa Pope. City Clerk APPROVED AS TO FORM Arnold M Alvarez-Glasman Interim City Attorney 13 Resolution No.2020-16 Page 16 of 20 EXHIBIT A SCOPE OF SERVICES Background: The City of Vernon is an industrial city of 5.2 square miles located several miles to the southeast of Downtown Los Angeles in Southern California Vernon currently houses more than 1,800 businesses that employ approximately 55.000 people. serving as a vital economic engine in the region. Offering an environment uniquely friendly to business. Vernon is the home to industries including food and agriculture. apparel. steel. plastics. logistics. and home furnishings. Vernon is also home to approximately 300 residents. Public Health Officer: The City of Vernon is seeking a qualified consultant to serve as a contract Health Officer for the Department of Health and Environmental Control. The individual will assume the duties of the Health Officer set forth in the Health and Safety Code of the State, including working jointly with the Director of Health and Environmental Control to assure the effectiveness of the mandated health protection function of local government. The individual will receive general direction from the Director of Health and Environmental Control Department. Services shall be limited to no more than fifteen (15) hours per week unless approved in advance by the Director of Health and Environmental Control. Duties may include, but are not limited to, the following which are referenced in the California Health and Safety Code: - Serve as the Health Officer for the City of Vernon and advise the Department of Health and Environmental Control in preventive measures to protect and preserve the public health - Work with the Director of the Department of Health and Environmental Control to take measures that may be necessary to prevent and control the spread of disease. - Consult with physicians in the diagnosis. investigation. and treatment of communicable diseases. - Consult and provide policy recommendations regarding communicable disease control. outbreak investigations. and emergency preparedness and response. - Provide recommendations regarding the declaration of local emergencies. as indicated. - Work with the Director of Health and Environmental Control to ensure the enforcement of codes and regulations. as well as local ordinances through mechanisms up to, and including. the use of police powers. - Advise policy-makers on community design issues that affect health, the development of public health policy, and implementation of effective public health programs. 15 Resolution No.2020-16 Page 17 of 20 - Work with the Director of Health and Environmental Control to inform. educate. and empower the community and individuals about health issues. - Provide recommendations to protect and advance the health of the city by educating the public, advocating for effective disease prevention and health promotion programs and activities. - Assist in the assessment and reporting on the health status of the community, using multiple epidemiological survey and statistical methods. - Represent the city before Boards. Commissions, political bodies, associations. and the general public. - Coordinate with other health officers regionally and statewide. - Direct the inspection. examination. isolation, quarantine. and decontamination of persons. places. and things within the city necessary to protect the public health. - Inform the City Council about types of health issues that may affect the city. - Assist the Department in planning. organizing. and coordinating all-hazard disaster preparedness and response - Consult with medical and administrative staff of local hospitals and academic centers and assist the Department in surveillance and planning for improvement of public health indicators. - Assist the Department with writing local ordinances and the interpretation of state laws - Perform related duties as needed. QUALIFICATIONS: Knowledge of: - Clinical medicine. public health and health care (e.g . epidemiology. biostatistics. environmental health. maternal and child health) management and administration - Federal, State and local laws governing public health programs and laws, statutes. and regulations governing California Health Services providers and JCAHO and other regulatory requirements - The legislative process - Disaster preparedness and the National Incident Management System (NIMS) - Principles of government organization. public financing, and budgeting - Quality assurance as it applies to public health programs/services - The latest developments in medicine including local public health programs and ethics 16 Resolution No.2020-16 Page 18 of 20 Skill/Ability to: - Serve as public health link to the local medical community and local medical association - Understand, interpret and apply provisions of federal, state and local legislation. rules and regulations pertinent to the administration of Public Health programs. including COVID-19 protocols - Evaluate health risks and hazards and communicate information effectively and proactively - Facilitate the interaction of and foster partnerships with a complex mix of public agencies. community-based organizations. and the private sector that impact public health and policy - Provide written and oral communication in various forms such as reports. and recommendations. memos. Education and Experience: The candidate must be a physician. Any combination of education and experience that would likely provide the required knowledge and skills. Completion of a residency program and three years of administrative or supervisory experience. A Master's degree in Public Health and/or completion of a residency in preventive medicine is required Licensure/Certification: License to practice medicine in the State of California and in good standing. 17 Resolution No.2020-16 Page 19 of 20 EXHIBIT B FEES FOR SERVICE Hourly Rate: $300 per hour Consultant shall bill at the applicable hourly rate for services provided under the Services Agreement for City of Vernon Health Officer Services. Consultant shall submit invoices to the City of Vernon, Director of Health and Environmental Control on a bi-weekly basis In addition to the compensation provided above, the City will reimburse Consultant for reasonable travel-related costs and expenses for work performed under this contract. including mileage for ground transportation n the amount set forth by the Internal Revenue Service standard mileage rate. Travel expenses or travel time beyond Southern California must be approved by the Director of Health and Environmental Control in writing and in advance. 18 Resolution No.2020-16 Page 20 of 20 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that. during the performance of this Agreement. the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race. religious creed. color. national origin. ancestry. handicap. sex. or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall. in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor. state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race. religious creed. color. national origin. ancestry. handicap. sex or age. C. Contractor agrees that it shall. if requested to do so by the City. certify that it has not. in the performance of this Agreement. discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to. and. if requested to do so by City. through its awarding authority. provide copies of all of its records pertaining or relating to its employment practices. except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 19 STAFF REPORT City Council Agenda Item Report Agenda Item No. COV-238-2020 Submitted by: Lilia Hemandez Submitting Department: City Administration Meeting Date: June 16, 2020 SUBJECT Ratify Appointment of Health Officer for the City of Vernon Recommendation: Adopt Resolution No. 2020-22 ratifying the appointment of Laurene Mascola, M.D., MPH as Health Officer for the City of Vernon Background: Pursuant to California Health & Safety Code (HSC) 101450, each city is mandated to take measures as may be necessary to preserve and protect public health. As the health officer plays a key part in the duty to safeguard public health, the HSC 101460 also requires each city to appoint a health officer, who must be a physician, unless they contract with the county. While the City of Vernon has maintained its own health department, the City has not appointed a physician or contracted with the County of Los Angeles to serve as the Citys health officer. As required by State law, the City must appoint a health officer in order to formalize the roles and responsibilities of the Health Department and exercise its full delegated authority. With the ongoing COVID-19 pandemic, the need for the City to have its own Health Officer has become indispensable as there is an increasing need for the City to address public health matters occurring within the City's boundaries. The position of Health Officer requires a highly specialized degree of qualifications and expertise, namely a medical degree and experience working in a public health setting. After a careful search and thorough review of qualifications conducted by the Director of the Health and Environmental Control Department, it was determined that Dr. Laurene Mascola was a qualified and suitable candidate to serve as the City's Health Officer. Dr. Mascola possesses the necessary educational qualifications and breadth of experience in public health and epidemiology. Dr. Mascola has served as the Chief of the Los Angeles County Department of Public Health Acute Communicable Disease Control (ACDC) Program, which performs disease surveillance and epidemic control activities for more than 60 diseases. Dr. Mascola provided oversight for the Countys programs for immunization, food and water safety, epidemiology, vectorborne (insect) disease, hospital outbreaks and bloodbome diseases. She has extensive experience in epidemiology and disease prevention, publishing more than 100 articles and abstracts in numerous medical and public health journals. Dr. Mascola trained at the Centers for Disease Control's Epidemic Intelligence Service in Atlanta and has worked for the World Health Organization in Ethiopia, Brazil, India and Nepal. On March 14, 2020, then Mayor Melissa Ybarra acting as the Chief Executive Officer of the Disaster Council declared the existence of a local emergency due to the COVID-19 pandemic. Subsequently, on March 17, 2020, the City Council adopted Resolution No. 2020-06 ratifying the emergency proclamation and empowering the City Administrator, as the Director of Emergency Services, to carry out all emergency powers conferred upon him by local and state laws, and by all other lawful authority, as may be necessary to protect life and property. Vernon Municipal Code Section 8.8 dictates that the City Administrator acting as the Director of Emergency Services, is authorized to requisition necessary personnel for any City Department. After consulting with the Interim City Attorney, on June 9, 2020, the City Administrator acting as the Director of Emergency Services, appointed Dr. Mascola to serve as the Citys Health Officer effective as of June 1, 2020 and approved a related Services Agreement for this purpose. In approving the agreement with Dr. Mascola, the City Administrator found that the agreement was exempt from competitive selection requirements, pursuant to Vernon Municipal Code Section 2.17.12 (B) (2) as it was in the best interest of the City to award the contract to Dr. Mascola without a competitive selection process due to the immediate and indispensable need for health officer services. The services agreement with Dr. Mascola was reviewed and approved as to form by the Office of the City Attorney prior to execution. Staff is now requesting that the City Council adopt Resolution No. 2020-22 ratifying the appointment of Dr. Mascola to serve as the City's Health Officer. Fiscal Impact: The fiscal impact of the services agreement with Dr. Mascola is a not-to-exceed amount of$85,000. Sufficient funds are available in the Health Department Budget for this necessary expense. Attachments: 1. Resolution No. 2020-22 Ratifying Health Officer Appointment Ivoi . “, . 11" kIY iNOJ rT Memorandum City Clerk Department DATE: June 16, 2020 TO: Department Heads FROM: Lisa Pope, City Clerk RE: City Council Actions Taken At the June 16, 2020 Regular City Council meeting, the Vernon City Council took the actions listed below by unanimous vote unless otherwise noted: 1. Approved the June 2,2020 Regular and June 8, 2020 Special City Council meeting minutes. 2. Received and filed the claims submitted by: 1) Vernon Co, LLC., in an undetermined dollar amount;and 2)Marina Quiroz in the amount of$3,023.77. 3. Approved City Payroll Warrant Register No. 768, for the period of May 1 through May 31, 2020,which totals$2,889,731.37 and consists of ratification of direct deposits,checks and taxes totaling$1,853,582.53 and ratification of checks and electronic fund transfers(EFT)for payroll related disbursements totaling$1,036,148.84 paid through operating bank account. 4. Approved Federal Funds for Street Improvements Account Warrant Register No. 33, for the period of May 17 through May 30, 2020, consisting of ratification of electronic payments totaling$43,066.78. 5. Approved Operating Account Warrant Register No.47, for the period of May 17 through May 30,2020,which totals$8,804,615.16 and consists of ratification of electronic payments totaling $8,329,337.94, ratification of the issuance of early checks totaling $475,277.22, and voided Check Nos. 605584 and 605585 totaling$40,000.00. 6. Received and filed the April 2020 Fire Department Activity Report. 7. Received and filed the April 2020 Police Department Activity Report. 8. Adopted Resolution No. 2020-21 approving the Annual Statement of Investment Policy for Fiscal Year 2020-2021 and delegating investment authority to the Director of Finance/City Treasurer. June 16,2020 Page 2 of 2 City Council Actions Taken 9. Deferred action on Service Agreements for Natural Gas Support Services with NewGen Strategies&Solutions and G2 Integrated Solutions 10. Approved and authorized the City Administrator to execute the Services Agreement with Jacobs Engineering Group, Inc. for environmental support services, in substantially the same form as submitted, for a total amount not-to-exceed $339,913 over the three-year term of the agreement,effective July 1,2020. 11.A)Found the proposed action exempt under the California Environmental Quality Act;and B) Approved and authorized the City Administrator to execute Amendment No. 1 to the Services Agreement with Pacific Advanced Civil Engineering, Inc. (PACE) in substantially the same form as submitted, for a not-to-exceed amount of$97,985.00, effective June 16, 2020, for additional design work associated with the Well No. 22 project. 12. Received and filed the Fiscal Year (FY) 2019/2020 Docket III Grants Awarded by Vernon CommUNITY Fund Grant Committee report. 13. Approved procurement of annual insurance coverage for fiscal year 2020-21 for total annual premiums not to exceed$1,216.866. 14. Tabled consideration of the project on the City's Jawbone Canyon Property in Kern County (Motion carried 3-2,Council Members Menke and Gonzales dissenting). 15. Adopted Resolution No. 2020-22 ratifying the appointment of Laurene Mascola, M.D.,MPH as Health Officer for the City of Vernon. FULLY EXECUTED AGREEMENT SIGNATURE ROUTING FORM CONTRACTOR: Laurene Mascola,M.D., M.P.H. CONTRACT PURPOSE: Services agreement for Health Officer Services CONTRACT IS: ❑ FEDERAL 0 PREVAILING WAGE 0 COMPETITIVE SELECTION&NOTICED RFP O COMPETITIVE BID&NOTICED INVITATION TO BID • EXEMPT FROM COMPETITIVE PROCESS(APPROVAL ATTACHED) • SERVICES 0 MATERIALS 0 BUDGETED ■ NOT BUDGETED TOTAL CONTRACT VALUE: $85,000 Charge Acct.No(s) 011.1060.595200 Amendment Value$ o Contract is an Amendment to Eden Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Freddie Agyin PHONE: ext. 840 AUTHORIZATION: 0 Approved by Council on (Check one and attach Resolution No. (if applicable) supporting documentation) • Approved by City Administrator on 6/9/2020 O Approved by Finance Director on ROUTING SEQUENCE: (Please Follow In Order) Initials Date (1) Responsible Department Person Lid I r4 c,,l e I2 t 2.0 Certifies compliance with Competitive Bidding and Purchasing Ordinance, �" �t obtains approval from City Council/City Administrator/Finance Director,and obtains approval as to form from the City Attorney's Office,assembles two(2)originals of contract, obtains proper signatures from contractor/consultant pursuant to the signature requirements, obtains insurance&bond documents, notifies IT to remove related RFP/bid notice from the City's website(if applicable),enters contract into Eden once routing process is complete. (2) Liability and Claims Approves insurance and sureties, if bonds required. J�/ "i `' (3)Finance(Purchasing) Checks compliance with Competitive Bidding& Living Wage Ordinances !'l and reflected in current budget. (4) City Attorney ,� � Approves contract as to form. P ' �Dllt(2V (5) City docutory ment Signsdocument on behalf of City. (6)City Clerk /04LlA Attests signatures,numbers and files contract,enters contract documents (executed contract, supporting documentation, insurance and bonds,etc.)into Laserfiche, transmits duplicate original to contractor/consultant, notifies Responsible Department Person, and notifies any"consultant"of duties to file Form 700, if applicable. Rev.6/2017 FULLY EXECUTED SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LAURENE MASCOLA, M.D., M.P.H., FOR HEALTH OFFICER SERVICES COVER PAGE Contractor: Laurene Mascola, M.D., M.P.H. Notice Information - Contractor: Address on file with Health Department Phone: (818) 952-4148 Facsimile: (818) 952-4945 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Freddie Agyin Director of Health and Environmental Control Telephone: (323) 583-8811 ext. 840 email: FAgyin@ci.vernon.ca.us Commencement Date: June 1, 2020 Termination Date: May 31, 2021 Consideration: Total not to exceed $85,000 (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 11.20 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LAURENE MASCOLA. M.D., M.P.H..FOR HEALTH OFFICER SERVICES This Contract is made between the City of Vernon ("City"). a California charter City and California municipal corporation ( City ). and Laurene Mascola. M.D.. M.P.H. (Contractor). The City and Contractor agree as follows 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Administrator. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Scope of Services. Exhibit A . 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent. professional. and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that she is a sole practitioner and does not employ. nor will employ others to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors Contractor. and all personnel engaged in the work. shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The term of this Contract shall commence on June 1. 2020. and it shall continue through May 31. 2021, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and 2 around Los Angeles County for the same services. For satisfactory and timely performance of the services. the City will pay Contractor in accordance with the payment schedule set forth in Exhibit B" attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Contract. shall not exceed $85,000 without the prior authorization of the City. as appropriate, and written amendment of this Contract. 5.3 Contractor shall. at its sole cost and expense. furnish all necessary and incidental labor. material. supplies. facilities. equipment. and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical. administrative. overhead. insurance. reproduction. telephone. air travel. auto rental. subsistence. and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement. or specifically approved in writing in advance by City. Unless otherwise approved. such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement. which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed under this contract without the prior written authorization of City. As used herein. extra work- means any work that is determined by City to be necessary for the proper completion of the Project. but which is not included within the Scope of Services and which the parties did not 3 reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit "B." if the extra work has been approved by the City. 5.6 Licenses. Permits. Fees. and Assessments. Contractor shall obtain. at Contractor's sole cost and expense. such licenses. permits. and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees. assessments. and taxes. plus applicable penalties and interest. which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed. Contractor shall submit to the City an invoice for the services completed. authorized expenses. and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced. including a detailed description of the services completed. the number of hours spent. reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work. if any. performed in the immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice 6.6 Payment of such invoices shall be payment in full for all services. authorized costs. and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services: and will give any required decisions 4 as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff. consultants. and other staff at all reasonable times. 9.0 INDEMNITY. City agrees to indemnify Contractor. and will hold and save her of them harmless from. any and all actions. suits. claims. damages to persons or property. losses. costs. penalties. obligations. errors. omissions or liabilities (herein "claims or liabilities"). including but not limited to professional negligence. that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor. provided for herein. or arising from the acts or omissions of Contractor hereunder. or arising from Contractor's performance of or failure to perform any term. provision. covenant or condition of this Agreement. except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of Contractor. and subject to any available and applicable immunities allowed by law for the City or any agent of the City. 10.0 INSURANCE. City has been informed and accepts. in approving this Agreement. that Contractor does not maintain Professional Liability or Errors and Omissions Insurance. The acknowledgement and acceptance set forth herein is subject to the Indemnification and Immunities provisions set forth in Section 9.0. above. 11.0 GENERAL TERMS AND CONDITIONS. 11.1 INDEPENDENT CONTRACTOR. 11.1.1 It is understood that in the performance of the services herein provided for. Contractor shall be. and is. an independent contractor. and is not an agent. officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract. or any applicable statute. rule. or regulation. Further. Contractor has and shall retain the right to exercise full control over the employment. direction, compensation and discharge of all persons employed by Contractor in the performance of the services 5 hereunder. City assumes no liability for taxes. bonds. payments. or other commitments. implied or explicit. by or for Contractor 11.1.2 Contractor acknowledges that Contractor shall not. under any circumstances. be considered an employee of the City. and that they shall not be entitled to any of the benefits or rights afforded employees of City. including. but not limited to. sick leave. vacation leave. holiday pay. Public Employees Retirement System benefits. or health. life. dental. long-term disability or workers' compensation insurance benefits. 11.2 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports. drawings. plans. specifications. . studies. memoranda. computation sheets. and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.3 CORRECTION OF WORK. Contractor shall promptly correct any defective. inaccurate or incomplete tasks. deliverables. goods. services and other work. without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects. inaccuracy. or incompleteness. 11.4 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor. when requested. shall furnish clarification and/or explanation as may be required by the City. regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs. then Contractor shall. at no cost to City. provide all necessary design 6 drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.5 WAIVER. The City's waiver of any term. condition. breach. or default of this Contract shall not be considered to be a waiver of any other term. condition. default or breach. nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.6 SUCCESSORS. This Contract shall inure to the benefit of. and shall be binding upon. the parties hereto and their respective heirs. successors. and/or assigns. 11.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney. which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties from their obligations or otherwise constitute a novation. 11.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal. State. County and City laws. ordinances. rules and regulations. which are. as amended from time to time, incorporated herein and applicable to the performance hereof. including but without limitation. the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws. rules. and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract. the prevailing party shall be entitled to reasonable 7 attorney's fees. costs. and necessary disbursements in addition to any other relief to which such party may be entitled. 11.10 INTERPRETATION. 11.10.1 Applicable Law. This Contract shall be deemed a contract and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder. and submits to the jurisdiction thereof. 11.10.2 Entire Agreement. This Contract. including any exhibits attached hereto. constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations. representations. understandings. correspondence. documentation. and agreements (written or oral). 11.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City. subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 11.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid. illegal. void. or unenforceable. such portion shall be deemed severed from this Contract. and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid. illegal. or unenforceable portion had never been part of this Contract. 11.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference. the terms of this Contract shall strictly prevail. 11.10.6 Duplicate Originals. There shall be two (2) fully signed copies of this Contract. each of which shall be deemed an original. 8 11.10.7 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement. this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant. term. and provision hereof. 11.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right. power. legal capacity. and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 11.13 ARBITRATION OF DISPUTES. Any dispute for under S25.000 arising out of or relating to the negotiation. construction. performance. non-performance. breach. or any other aspect of this Contract. shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles. California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.14 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class. registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Freddie Agyin. Director of Health and Environmental Control 4305 Santa Fe Avenue Vernon. CA 90058 9 If to the Contractor: Laurene Mascola. M.D.. M.P.H. Address on file with Health Department Any such notice shall be deemed to have been given upon delivery. if personally delivered. or. if mailed. upon receipt. or upon expiration of three (3) business days from the date of posting. whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party 11.15 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in. under. or to this Agreement. 11.16 TERMINATION FOR CONVENIENCE (Without Cause). City or Contractor may terminate this Contract in whole or in part at any time. for any cause or without cause. upon written notice to the other party. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations. City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.17 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice. which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor. the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or 10 default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default. then the city may cancel this order in its entirety at no cost to the City. owing only for goods and services completed to that point. 11.18 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract. including the payment of money. except for payment for services satisfactorily and timely performed prior to the service of the notice of termination. and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner. and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein. City may require. at no additional cost to City. that Contractor provide all finished or unfinished documents. data. and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.18.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein. City may procure. upon such terms and in sucn manner as it may determine appropriate. services similar to those terminated. 11.19 MAINTENANCE AND INSPECTION OF RECORDS. The City. or its authorized auditors or representatives. shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 11 The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not. the Contractor shall. upon request. promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including. but not limited to, such additional (out of the City) expenses for personnel. salaries. private auditors. travel. lodging. meals. and overhead. 11.20 CONFLICT Contractor hereby represents. warrants. and certifies that no member. officer. or employee of the Contractor is a director, officer. or employee of the City of Vernon. or a member of any of its boards. commissions. or committees. except to the extent permitted by law. 11.21 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify. explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.22 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that. during the performance of this Contract. it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants. employees and recipients of service are treated equally and are not discriminated against because of their race. religion. color. national origin. ancestry. disability. sex. age. medical condition. sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C". [Signatures Begin on Next Page]. 12 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State and California municipal corporation incorporatedJ,cororationp By iieladfai, By: Carlos R. Fandino, Jr. City Administrator Name Laurene Mascola A TEST: Pliferdj44 Ah,rnde� Lisa Pope, City Clevt�c APPROVED AS TO FORM: 4* >4-/140 Arnold M. Alvarez-Glasman, Interim City Attorney . 13 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon. a California charter City [CONTRACTOR'S NAME. a [State and California municipal corporation incorporated in] corporation, By: i..�fi�C�/w"I 'a/j 'Irf% By: 9LASQ-- Carlos R. Fandino. Jr. City Administrator Name: Laurene Mascola ATTEST: Lisa Pope. City Clerk APPROVED AS TO FORM: Arnold M. Alvarez-Glasman. Interim City Attorney 13 EXHIBIT A SCOPE OF SERVICES Background: The City of Vernon is an industrial city of 5.2 square miles located several miles to the southeast of Downtown Los Angeles in Southern California. Vernon currently houses more than 1.800 businesses that employ approximately 55.000 people. serving as a vital economic engine in the region. Offering an environment uniquely friendly to business. Vernon is the home to industries including food and agriculture. apparel. steel. plastics. logistics. and home furnishings. Vernon is also home to approximately 300 residents. Public Health Officer: The City of Vernon is seeking a qualified consultant to serve as a contract Health Officer for the Department of Health and Environmental Control. The individual will assume the duties of the Health Officer set forth in the Health and Safety Code of the State. including working jointly with the Director of Health and Environmental Control to assure the effectiveness of the mandated health protection function of local government. The individual will receive general direction from the Director of Health and Environmental Control Department. Services shall be limited to no more than fifteen (15) hours per week unless approved in advance by the Director of Health and Environmental Control. Duties may include, but are not limited to, the following which are referenced in the California Health and Safety Code: - Serve as the Health Officer for the City of Vernon and advise the Department of Health and Environmental Control in preventive measures to protect and preserve the public health. - Work with the Director of the Department of Health and Environmental Control to take measures that may be necessary to prevent and control the spread of disease. - Consult with physicians in the diagnosis. investigation. and treatment of communicable diseases. - Consult and provide policy recommendations regarding communicable disease control. outbreak investigations. and emergency preparedness and response. - Provide recommendations regarding the declaration of local emergencies. as indicated. - Work with the Director of Health and Environmental Control to ensure the enforcement of codes and regulations. as well as local ordinances through mechanisms up to. and including, the use of police powers. - Advise policy-makers on community design issues that affect health. the development of public health policy. and implementation of effective public health programs. 15 - Work with the Director of Health and Environmental Control to inform. educate. and empower the community and individuals about health issues. - Provide recommendations to protect and advance the health of the city by educating the public. advocating for effective disease prevention and health promotion programs and activities. - Assist in the assessment and reporting on the health status of the community. using multiple epidemiological survey and statistical methods. - Represent the city before Boards. Commissions. political bodies. associations. and the general public. - Coordinate with other health officers regionally and statewide. - Direct the inspection. examination. isolation. quarantine. and decontamination of persons. places. and things within the city necessary to protect the public health. - Inform the City Council about types of health issues that may affect the city. - Assist the Department in planning. organizing. and coordinating all-hazard disaster preparedness and response - Consult with medical and administrative staff of local hospitals and academic centers and assist the Department in surveillance and planning for improvement of public health indicators. - Assist the Department with writing local ordinances and the interpretation of state laws - Perform related duties as needed. QUALIFICATIONS: Knowledge of: - Clinical medicine. public health and health care (e.g.. epidemiology. biostatistics. environmental health. maternal and child health) management and administration - Federal. State and local laws governing public health programs and laws. statutes. and regulations governing California Health Services providers and JCAHO and other regulatory requirements - The legislative process - Disaster preparedness and the National Incident Management System (NIMS) - Principles of government organization. public financing. and budgeting - Quality assurance as it applies to public health programs/services - The latest developments in medicine including local public health programs and ethics 16 Skill/Ability to: - Serve as public health link to the local medical community and local medical association - Understand. interpret and apply provisions of federal. state and local legislation. rules and regulations pertinent to the administration of Public Health programs. including COVID-19 protocols - Evaluate health risks and hazards and communicate information effectively and proactively - Facilitate the interaction of and foster partnerships with a complex mix of public agencies. community-based organizations. and the private sector that impact public health and policy - Provide written and oral communication in various forms such as reports. and recommendations. memos. Education and Experience: The candidate must be a physician. Any combination of education and experience that would likely provide the required knowledge and skills. Completion of a residency program and three years of administrative or supervisory experience. A Master's degree in Public Health and/or completion of a residency in preventive medicine is required. Licensure/Certification: License to practice medicine in the State of California and in good standing. 17 EXHIBIT B FEES FOR SERVICE Hourly Rate: $300 per hour Consultant shall bill at the applicable hourly rate for services provided under the Services Agreement for City of Vernon Health Officer Services. Consultant shall submit invoices to the City of Vernon. Director of Health and Environmental Control on a bi-weekly basis. In addition to the compensation provided above. the City will reimburse Consultant for reasonable travel-related costs and expenses for work performed under this contract. including mileage for ground transportation n the amount set forth by the Internal Revenue Service standard mileage rate. Travel expenses or travel time beyond Southern California must be approved by the Director of Health and Environmental Control in writing and in advance. 18 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that. during the performance of this Agreement. the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race. religious creed. color. national origin. ancestry. handicap. sex. or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall. in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor. state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race. religious creed. color. national origin. ancestry. handicap. sex or age. C. Contractor agrees that it shall. if requested to do so by the City. certify that it has not. in the performance of this Agreement. discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to. and. if requested to do so by City, through its awarding authority. provide copies of all of its records pertaining or relating to its employment practices. except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 19 STAFF REPORT 0 Vi•-••-'.\-4\- ..1\ _�, ���� 0 ' 2020 4,..„ `'..._.. M°°`S' CITY ADMINISTRATION CI-4/.. DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL INTER-DEPARTMENT MEMORANDUM DATE: June 9, 2020 TO: Carlos R. Fandino, Jr.. City Administrator FROM: Freddie Agyin. Director of Health & Environmental Control RE: Request to Approve Services Agreement between the City of Vernon and Laurene Mascola. M.D.. MPH. for Health Officer Services Recommendation: Approve the attached Services Agreement between City of Vernon and Laurene Mascola. M.D.. MPH in substantially the same form as submitted herewith, for Health Officer services. Background: Each city is mandated to take measures as may be necessary to preserve and protect public health, and the health officer is a key part of this duty. California law requires each county to appoint a health officer, who must be a physician. Each city must also appoint a health officer. unless they contract with the county health officer. While the City of Vernon has maintained its own health department, the City has not appointed a physician or contracted with the County of Los Angeles to serve as the City's health officer. As required by State law. the City must appoint a health officer in order to formalize the roles and responsibilities of the Health Department and exercise its full delegated authority. With the ongoing COVID-19 pandemic. the need for the City to have its own Health Officer has become indispensable as there is an increasing need for the City to address public health matters occurring within the City's boundaries. The position of Health Officer requires a highly specialized degree of qualifications and expertise. namely a medical degree and experience working in a public health setting. Staff has found it difficult to identify available candidates that would be suitable for this position as individuals meeting these criteria are already employed by other health agencies or are currently engaged in commitments to educational institutions. Thus. staff recommends that the proposed services agreement with Dr. Moscola be exempt from competitive selection requirements, pursuant to Vernon Municipal Code Section 2.17.12 (B) (2) as it is in the best interest of the City to award the contract to Dr. Moscola without a competitive selection process. Dr. Mascola is an ideal candidate as she possesses the necessary educational qualifications and breadth of experience in public health and epidemiology. Dr. Mascola has served as the Chief of the Los Angeles County Department of Public Health Acute Communicable Disease Control (ACDC) Program. which performs disease surveillance and epidemic control activities for more than 60 diseases. Dr. Mascola provided oversight for the County's programs for immunization. food and water safety. epidemiology, vectorborne (insect) disease, hospital outbreaks and bloodborne diseases. She has extensive experience in epidemiology and disease prevention, publishing more than 100 articles and abstracts in numerous medical and public health journals. Dr. Mascola trained at the Centers for Disease Control's Epidemic Intelligence Service in Atlanta and has worked for the World Health Organization in Ethiopia. Brazil. India and Nepal. The appointment of Dr. Mascola to serve as the City's Health Officer would be appropriate pursuant to Sec. 8.8 of the Vernon Municipal Code which dictates that the City Administrator acting as the Director of Emergency Services, is authorized to requisition necessary personnel for any City Department. The proposed services agreement has been reviewed and approved as to form by the Office of the City Attorney. Fiscal Impact: The contract includes a total not-to-exceed amount of $85,000. Sufficient budget is allocated to cover the proposed new agreement. Attachments: Services Agreement between the City of Vernon and Laurene Mascola. M.D., MPH, for Health Officer Services SUPPORTING DOCUMENTATION SIGNATURE ROUTING FORM CONTRACTOR: Laurene Mascola,M.D., M.P.H. CONTRACT PURPOSE:Services agreement for Health Officer Services CONTRACT IS: 0 FEDERAL 0 PREVAILING WAGE 0 COMPETITIVE SELECTION&NOTICED RFP 0 COMPETITIVE BID& NOTICED INVITATION TO BID • EXEMPT FROM COMPETITIVE PROCESS(APPROVAL ATTACHED) • SERVICES 0 MATERIALS 0 BUDGETED ■ NOT BUDGETED TOTAL CONTRACT VALUE: $85.000 Charge Acct. No(s) 011.1060.595200 Amendment Value $ Contract is an Amendment to Eden Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Freddie Agyin PHONE:ext.840 AUTHORIZATION: 0 Approved by Council on (Check one and attach Resolution No. (if applicable) supporting documentation) ■ Approved by City Administrator on 6/9/2020 ❑ Approved by Finance Director on ROUTING SEQUENCE: (Please Follow In Order) Initials Date (1)Responsible Department Person l, ' J t t L4112620 Certifies compliance with Competitive Bidding and Purchasing Ordinance. I _ obtains approval from City Council/City Administrator/Finance Director,and obtains approval as to form from the City Attorney's Office,assembles two(2)originals of contract, obtains proper signatures from contractor/consultant pursuant to the signature requirements, obtains insurance&bond documents,notifies IT to remove related RFP/bid notice from the City's website(if applicable),enters contract into Eden once routing process is complete. (2)Liability and Claims Approves insurance and sureties,if bonds required. /(/ L I g (3)Finance(Purchasing) Checks compliance with Competitive Bidding& Living Wage Ordinances i L., and reflected in current budget. (4)City Attorney KA& Approves contract as to form. wttt1w (5)City Signatory Signs document on behalf of City. 11120 (6)City Clerk v /?F- / ?,a Attests signatures,numbers and files contract,enters contract documents (executed contract.supporting documentation,insurance and bonds,etc.)into Laserfiche, transmits duplicate original to contractor/consultant, notifies Responsible Department Person, and notifies any"consultant"of duties to file Form 700, if applicable. Rev.N2017 FULLY EXECUTED SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LAURENE MASCOLA. M.D., M.P.H., FOR HEALTH OFFICER SERVICES COVER PAGE Contractor: Laurene Mascola. M D., M.P.H. Notice Information-Contractor: Address on file with Health Department Phone (818) 952-4148 Facsimile: (818) 952-4945 Notice Information-City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Freddie Agyin Director of Health and Environmental Control Telephone: (323) 583-8811 ext. 840 email: FAgyin@ci.vernon.ca.us Commencement Date: June 1. 2020 Termination Date: May 31, 2021 Consideration: Total not to exceed $85,000 (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three(3) years. pursuant to Section 11.20 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LAURENE MASCOLA. M.D.. M.P.H..FOR HEALTH OFFICER SERVICES This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"). and Laurene Mascola. M D., M.P.H. (Contractor). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Administrator. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Scope of Services. Exhibit "A 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent. professional. and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that she is a sole practitioner and does not employ, nor will employ others to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The term of this Contract shall commence on June 1. 2020. and it shall continue through May 31, 2021, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and 2 around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "B" attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Contract. shall not exceed $85.000 without the prior authorization of the City, as appropriate, and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment. and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative. overhead. insurance, reproduction. telephone, air travel, auto rental. subsistence, and all related costs and expenses. 5 4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed under this contract without the prior written authorization of City. As used herein, "extra work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not 3 reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit B." if the extra work has been approved by the City. 5.6 Licenses. Permits. Fees and Assessments. Contractor shall obtain. at Contractor's sole cost and expense. such licenses. permits. and approvals as may be required by law for the performance of the services required by this Agreement Contractor shall have the sole obligation to pay for any fees. assessments. and taxes. plus applicable penalties and interest. which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6 0 PAYMENT 6.1 As scheduled services are completed. Contractor shall submit to the City an invoice for the services completed. authorized expenses. and authorized extra work actually performed or incurred according to said schedule 6.2 Each such invoice shall state the basis for the amount invoiced. including a detailed description of the services completed the number of hours spent. reimbursable expenses incurred and any extra work performed 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any. performed in the immediately preceding calendar month 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice 6.6 Payment of such invoices shall be payment in full for all services. authorized costs and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services and will give any required decisions 4 as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services 8 0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff. consultants. and other staff at all reasonable times 9 0 INDEMNITY. City agrees to indemnify Contractor. and will hold and save her of them harmless from any and all actions. suits. claims. damages to persons or property. losses. costs. penalties. obligations. errors. omissions or liabilities (herein "claims or liabilities"). including but not limited to professional negligence. that may be asserted or claimed by any person. firm or entity arising out of or in connection with the work. operations or activities of Contractor. provided for herein. or arising from the acts or omissions of Contractor hereunder. or arising from Contractors performance of or failure to perform any term. provision. covenant or condition of this Agreement. except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of Contractor. and subject to any available and applicable immunities allowed by law for the City or any agent of the City. 10 0 INSURANCE. City has been informed and accepts. in approving this Agreement. that Contractor does not maintain Professional Liability or Errors and Omissions Insurance. The acknowledgement and acceptance set forth herein is subject to the Indemnification and Immunities provisions set forth in Section 9.0. above. 11 0 GENERAL TERMS AND CONDITIONS 11 1 INDEPENDENT CONTRACTOR 11.1.1 It is understood that in the performance of the services herein provided for. Contractor shall be, and is. an independent contractor. and is not an agent. officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract. or any applicable statute. rule. or regulation. Further. Contractor has and shall retain the right to exercise full control over the employment. direction. compensation and discharge of all persons employed by Contractor in the performance of the services 5 hereunder. City assumes no liability for taxes, bonds, payments. or other commitments, implied or explicit, by or for Contractor 11.1.2 Contractor acknowledges that Contractor shall not, under any circumstances. be considered an employee of the City. and that they shall not be entitled to any of the benefits or rights afforded employees of City. including. but not limited to. sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits. or health, life, dental, long-term disability or workers' compensation insurance benefits. 11.2 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings. plans. specifications, , studies, memoranda. computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.3 CORRECTION OF WORK. Contractor shall promptly correct any defective. inaccurate or incomplete tasks. deliverables, goods. services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.4 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor. when requested, shall furnish clarification and/or explanation as may be required by the City. regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs. then Contractor shall, at no cost to City. provide all necessary design 6 drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11 5 WAIVER The City's waiver of any term condition breach. or default of this Contract shall not be considered to be a waiver of any other term. condition. default or breach. nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.6 SUCCESSORS. This Contract shall inure to the benefit of. and shall be binding upon, the parties hereto and their respective heirs. successors, and/or assigns. 11 7 NO ASSIGNMENT Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney. which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract No assignment shall release the original parties from their obligations or otherwise constitute a novation 11.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal. State. County and City laws. ordinances. rules and regulations. which are. as amended from time to time, incorporated herein and applicable to the performance hereof. including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws. rules. and regulations Contractor shall be solely responsible for all costs arising therefrom 11.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract. the prevailing party shall be entitled to reasonable 7 attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 11.10 INTERPRETATION. 11.10.1 Applicable Law. This Contract shall be deemed a contract and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 11.10.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations. understandings. correspondence. documentation. and agreements (written or oral). 11.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 11.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal. void, or unenforceable, such portion shall be deemed severed from this Contract. and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal. or unenforceable portion had never been part of this Contract. 11.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. 11.10.6 Duplicate Originals. There shall be two (2)fully signed copies of this Contract, each of which shall be deemed an original. 8 11.10.7 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement. this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term. and provision hereof. 11.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power. legal capacity. and authority to enter into and perform its obligations under this Contract. and its execution of this Contract has been duly authorized. 11.13 ARBITRATION OF DISPUTES. Any dispute for under$25.000 arising out of or relating to the negotiation. construction. performance. non-performance. breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles. California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.14 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class. registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City. City of Vernon Attention: Freddie Agyin. Director of Health and Environmental Control 4305 Santa Fe Avenue Vernon, CA 90058 9 If to the Contractor: Laurene Mascola. M.D., M.P.H. Address on file with Health Department Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three(3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.15 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 11.16 TERMINATION FOR CONVENIENCE (Without Cause). City or Contractor may terminate this Contract in whole or in part at any time, for any cause or without cause. upon written notice to the other party. If the Contract is thus terminated by City for reasons other than Contractors failure to perform its obligations. City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.17 DEFAULT. In the event either party materially defaults in its obligations hereunder. the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or 10 default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default. then the city may cancel this order in its entirety at no cost to the City. owing only for goods and services completed to that point. 11.18 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract. including the payment of money. except for payment for services satisfactorily and timely performed prior to the service of the notice of termination. and except for reimbursement of(1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein. City may require. at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.18.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein. City may procure, upon such terms and in such manner as it may determine appropriate. services similar to those terminated. 11.19 MAINTENANCE AND INSPECTION OF RECORDS. The City. or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least three(3) years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon. including, but not limited to, such additional (out of the City) expenses for personnel. salaries. private auditors. travel. lodging. meals, and overhead. 11.20 CONFLICT. Contractor hereby represents, warrants. and certifies that no member. officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon. or a member of any of its boards. commissions, or committees, except to the extent permitted by law. 11.21 HEADINGS Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.22 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race. religion, color. national origin, ancestry. disability. sex, age. medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C". [Signatures Begin on Next Page]. 12 IN WITNESS WHEREOF. the Parties have signed thrs Agreement as of the Commencement Date stated on the cover page City of Vernon, a California charter City (CONTRACTOR'S NAME. a [State and California municipal corporation incorporated in)corporation By ddeedfaMdfl BY. OL42-el Carlos R Fandino Jr City Administrator Name Laurene Mascola A TEST -411/0 A1/1 Sirril‘le Lisa Pope, City Clerk APPROVED AS TO FORM. r� , ��� Arnold M. Alvarez-Glasman Interim City Attorney 13 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon. a California charter City [CONTRACTOR'S NAME, a [State and California municipal corporation incorporated in] corporation �i� _ By: �1GuZt% By: 06-3-Ak-e)- Carlos R. Fandino. Jr. City Administrator Name: Laurene Mascola ATTEST: Lisa Pope. City Clerk APPROVED AS TO FORM: Arnold M Alvarez-Glasman, Interim City Attorney 13 EXHIBIT A SCOPE OF SERVICES Background: The City of Vernon is an industrial city of 5 2 square miles located several miles to the southeast of Downtown Los Angeles in Southern California. Vernon currently houses more than 1.800 businesses that employ approximately 55 000 people. serving as a vital economic engine in the region Offering an environment uniquely friendly to business. Vernon is the home to industries including food and agriculture, apparel. steel. plastics. logistics. and home furnishings. Vernon is also home to approximately 300 residents Public Health Officer: The City of Vernon is seeking a qualified consultant to serve as a contract Health Officer for the Department of Health and Environmental Control. The individual will assume the duties of the Health Officer set forth in the Health and Safety Code of the State including working jointly with the Director of Health and Environmental Control to assure the effectiveness of the mandated health protection function of local government The individual will receive general direction from the Director of Health and Environmental Control Department. Services shall be limited to no more than fifteen (15) hours per week unless approved in advance by the Director of Health and Environmental Control Duties may include, but are not limited to, the following which are referenced in the California Health and Safety Code: - Serve as the Health Officer for the City of Vernon and advise the Department of Health and Environmental Control in preventive measures to protect and preserve the public health - Work with the Director of the Department of Health and Environmental Control to take measures that may be necessary to prevent and control the spread of disease - Consult with physicians in the diagnosis. investigation. and treatment of communicable diseases. - Consult and provide policy recommendations regarding communicable disease control. outbreak investigations. and emergency preparedness and response. - Provide recommendations regarding the declaration of local emergencies. as indicated. - Work with the Director of Health and Environmental Control to ensure the enforcement of codes and regulations. as well as local ordinances through mechanisms up to. and including, the use of police powers - Advise policy-makers on community design issues that affect health. the development of public health policy and implementation of effective public health programs. 15 - Work with the Director of Health and Environmental Control to inform, educate, and empower the community and individuals about health issues. - Provide recommendations to protect and advance the health of the city by educating the public, advocating for effective disease prevention and health promotion programs and activities. - Assist in the assessment and reporting on the health status of the community, using multiple epidemiological survey and statistical methods. - Represent the city before Boards. Commissions, political bodies. associations, and the general public. - Coordinate with other health officers regionally and statewide. - Direct the inspection. examination. isolation, quarantine, and decontamination of persons. places. and things within the city necessary to protect the public health. - Inform the City Council about types of health issues that may affect the city. - Assist the Department in planning. organizing, and coordinating all-hazard disaster preparedness and response - Consult with medical and administrative staff of local hospitals and academic centers and assist the Department in surveillance and planning for improvement of public health indicators. - Assist the Department with writing local ordinances and the interpretation of state laws - Perform related duties as needed. QUALIFICATIONS: Knowledge of: - Clinical medicine. public health and health care (e.g., epidemiology, biostatistics, environmental health. maternal and child health) management and administration - Federal, State and local laws governing public health programs and laws. statutes, and regulations governing California Health Services providers and JCAHO and other regulatory requirements - The legislative process - Disaster preparedness and the National Incident Management System (NIMS) - Principles of government organization. public financing. and budgeting - Quality assurance as it applies to public health programs/services - The latest developments in medicine including local public health programs and ethics 16 Skill/Ability to: - Serve as public health link to the local medical community and local medical association - Understand, interpret and apply provisions of federal, state and local legislation, rules and regulations pertinent to the administration of Public Health programs. including COVID-19 protocols - Evaluate health risks and hazards and communicate information effectively and proactively - Facilitate the interaction of and foster partnerships with a complex mix of public agencies, community-based organizations, and the private sector that impact public health and policy - Provide written and oral communication in various forms such as reports. and recommendations, memos. Education and Experience: The candidate must be a physician. Any combination of education and experience that would likely provide the required knowledge and skills. Completion of a residency program and three years of administrative or supervisory experience. A Master's degree in Public Health and/or completion of a residency in preventive medicine is required. Licensure/Certification: License to practice medicine in the State of California and in good standing. 17 EXHIBIT B FEES FOR SERVICE Hourly Rate: $300 per hour Consultant shall bill at the applicable hourly rate for services provided under the Services Agreement for City of Vernon Health Officer Services. Consultant shall submit invoices to the City of Vernon. Director of Health and Environmental Control on a bi-weekly basis. In addition to the compensation provided above, the City will reimburse Consultant for reasonable travel-related costs and expenses for work performed under this contract, including mileage for ground transportation n the amount set forth by the Internal Revenue Service standard mileage rate. Travel expenses or travel time beyond Southern California must be approved by the Director of Health and Environmental Control in writing and in advance. 18 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A Contractor certifies and represents that. during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race. religious creed, color, national origin. ancestry. handicap, sex. or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor. state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race. religious creed. color. national origin. ancestry. handicap. sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement. discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and. if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices. except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 19 STAFF REPORT J_JV • 44.of)..FRti' `? 11 • ( ECEP/ED ►<<. -' r." TRATIGN '/, /4 DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL INTER-DEPARTMENT MEMORANDUM DATE: June 9. 2020 TO: Carlos R. Fandino. Jr., City Administrator FROM: Freddie Agyin, Director of Health & Environmental Control RE: Request to Approve Services Agreement between the City of Vernon and Laurene Mascola, M D.. MPH, for Health Officer Services Recommendation: Approve the attached Services Agreement between City of Vernon and Laurene Mascola. M.D.. MPH in substantially the same form as submitted herewith. for Health Officer services. Background: Each city is mandated to take measures as may be necessary to preserve and protect public health, and the health officer is a key part of this duty. California law requires each county to appoint a health officer. who must be a physician. Each city must also appoint a health officer, unless they contract with the county health officer. While the City of Vernon has maintained its own health department, the City has not appointed a physician or contracted with the County of Los Angeles to serve as the City's health officer. As required by State law. the City must appoint a health officer in order to formalize the roles and responsibilities of the Health Department and exercise its full delegated authority. With the ongoing COVID-19 pandemic. the need for the City to have its own Health Officer has become indispensable as there is an increasing need for the City to address public health matters occurring within the City's boundaries. The position of Health Officer requires a highly specialized degree of qualifications and expertise. namely a medical degree and experience working in a public health setting. Staff has found it difficult to identify available candidates that would be suitable for this position as individuals meeting these criteria are already employed by other health agencies or are currently engaged in commitments to educational institutions. Thus, staff recommends that the proposed services agreement with Dr. Moscola be exempt from competitive selection requirements, pursuant to Vernon Municipal Code Section 2.17.12 (B) (2) as it is in the best interest of the City to award the contract to Dr. Moscola without a competitive selection process. Dr. Mascola is an ideal candidate as she possesses the necessary educational qualifications and breadth of experience in public health and epidemiology. Dr. Mascola has served as the Chief of the Los Angeles County Department of Public Health Acute Communicable Disease Control (ACDC) Program, which performs disease surveillance and epidemic control activities for more than 60 diseases. Dr. Mascola provided oversight for the County's programs for immunization, food and water safety, epidemiology, vectorborne (insect) disease, hospital outbreaks and bloodborne diseases. She has extensive experience in epidemiology and disease prevention, publishing more than 100 articles and abstracts in numerous medical and public health journals. Dr. Mascola trained at the Centers for Disease Control's Epidemic Intelligence Service in Atlanta and has worked for the World Health Organization in Ethiopia, Brazil, India and Nepal. The appointment of Dr. Mascola to serve as the City's Health Officer would be appropriate pursuant to Sec. 8.8 of the Vernon Municipal Code which dictates that the City Administrator acting as the Director of Emergency Services, is authorized to requisition necessary personnel for any City Department. The proposed services agreement has been reviewed and approved as to form by the Office of the City Attorney. Fiscal Impact: The contract includes a total not-to-exceed amount of $85,000. Sufficient budget is allocated to cover the proposed new agreement. Attachments: Services Agreement between the City of Vernon and Laurene Mascola, M.D., MPH, for Health Officer Services