Resolution No. 2022-023RESOLUTION NO. 2022-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPOINTING LAURENE MASCOLA, M.D., MPH AS HEALTH OFFICER
FOR THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE
EXECUTION OF A SERVICES AGREEMENT FOR HEALTH OFFICER
SERVICES
SECTION 1. Recitals.
A. Pursuant to California Health and Safety Code (HSC) Section 101450, each City
is mandated to take measures as may be necessary to preserve and protect public health.
B. As required by HSC Section 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. During the COVID-19 pandemic, the need for the City to have its own Health
Officer became indispensable and there remains a vital need for the City to address public
health matters occurring within the City’s boundaries.
D. On July 20, 2021, the City Council adopted Resolution No. 2021-24, appointing
Laurene Mascola, M.D., MPH (Dr. Mascola) to serve as the City's Health Officer for a
one-year period effective as of July 1, 2021, and approved and executed a related
Services Agreement for this purpose.
E. The City Council of the City of Vernon desires to appoint Dr. Mascola to serve as
Health Officer for the City of Vernon, and approve and authorize the execution of a
Services Agreement for Health Officer Services for a three year period, effective July 1,
2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines
that the above recitals are true and correct.
SECTION 3. The City Council hereby appoints Laurene Mascola, M.D., MPH to
serve as the Health Officer for the City of Vernon effective July 1, 2022.
SECTION 4. The City Council hereby approves the Services Agreement with
Laurene Mascola, M.D., MPH, in substantially the same form as attached hereto as
Exhibit A.
Resolution No. 2022-23
Page 2 of 19
_______________________
SECTION 5. The City Council hereby authorizes the City Administrator to execute
said Agreement for, and on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 6. The City Council hereby instructs the City Administrator, or his
designee, to take whatever actions are deemed necessary or desirable for the purpose
of implementing and carrying out the purposes of this Resolution and the transactions
herein approved or authorized, including but not limited to, any non-substantive changes
to the Agreement attached herein.
SECTION 7. 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 19th day of July, 2022.
______________________
LETICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA,
City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2022-23 was passed and
adopted by the City Council of the City of Vernon at the Regular meeting on July 19,
2022 by the following vote:
AYES: 4 Council Members: Davis, Merlo, Ybarra, Lopez
NOES: 0
ABSENT: 1 Council Member: Larios
ABSTAIN: 0
________________________________
LISA POPE, City Clerk
(seal)
1 of 16
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: Laurene Mascola
Address on file with Health Department
Telephone: (818) 952-4148
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Freddie Agyin,
Director of Health and Environmental
Control
Telephone: (323) 826-1448
Commencement Date: July 1, 2022
Termination Date: June 30, 2025
Consideration: Total not to exceed $50,000.00 (includes all
applicable sales tax); and more particularly
described in Exhibit B
Records Retention Period Three (3) years, pursuant to Section 11.20
Resolution No. 2022-23
Page 3 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
2 of 17
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LAURENE MASCOLA,
M.D., M.P.H., FOR HEALTH OFFICER SERVICES
This Agreement 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 Council on July 19, 2022
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”, a copy which is attached to and incorporated into this
Agreement by reference.
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 it employs, or will employ, at its own expense,
all personnel required to perform the services under this Agreement.
3.2 Contractor shall not subcontract any services to be performed by it under
this Agreement 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 Agreement shall commence on July 1, 2022 and it shall
continue until June 30, 2025, 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
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.
Resolution No. 2022-23
Page 4 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
3 of 17
5.2 Contractor's grand total compensation for the entire term of this
Agreement, shall not exceed $50,000.00 without the prior authorization of the City, as
appropriate, and written amendment of this Agreement.
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 Agreement. Materials shall be of the highest
quality. The above Agreement 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
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 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.
Resolution No. 2022-23
Page 5 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
4 of 17
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
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
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 City, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the acts or
omissions of City hereunder, or arising from City’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.
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
Resolution No. 2022-23
Page 6 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
5 of 17
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 Agreement, 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 hereunder. City assumes no liability for Contractor’s actions and performance, nor
assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by
or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and
save City harmless from all matters relating to the payment of its employees, subcontractors
and independent contractors, including compliance with social security, withholding and all other
wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
11.1.2 Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be
considered employees 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 CONTRACTOR NOT AGENT. Except as the City may authorize
in writing, Contractor and its subcontractors shall have no authority, express or implied, to act
on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
11.3 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, computer tapes,
floppy disks and printouts, 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 Agreement. Contractor may make duplicate
Resolution No. 2022-23
Page 7 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
6 of 17
copies of such materials and documents for its own files or for such other purposes as may be
authorized in writing by the City.
11.4 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.
11.5 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
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.
11.6 WAIVER. The City's waiver of any term, condition, breach, or default of
this Agreement 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 executed
by a duly authorized representative of the party against whom enforcement of a waiver is
sought.
11.7 SUCCESSORS. This Agreement shall inure to the benefit of, and shall
be binding upon, the parties hereto and their respective heirs, successors, and/or assigns.
11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this
Agreement 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 Agreement. No assignment shall release the original
parties from their obligations or otherwise constitute a novation.
11.9 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. Violation of any law
Resolution No. 2022-23
Page 8 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
7 of 17
material to performance of this Agreement shall entitle the City to terminate the Agreement 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.
11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to
enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to
which such party may be entitled.
11.11 INTERPRETATION.
11.11.1 Applicable Law. This Agreement shall be deemed an
agreement 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.
11.11.2 Entire Agreement. This Agreement, 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).
11.11.3 Written Amendment. This Agreement may only be changed
by written amendment executed 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 Agreement shall be of no force or effect.
11.11.4 Severability. If any provision in this Agreement is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be
deemed severed from this Agreement, 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 Agreement.
11.11.5 Order of Precedence. In case of conflict between the terms of
this Agreement and the terms contained in any document attached as an Exhibit or otherwise
incorporated by reference, the terms of this Agreement shall strictly prevail.
11.11.6 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
Resolution No. 2022-23
Page 9 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
8 of 17
presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of
any of the provisions of this Agreement.
11.12 TIME OF ESSENCE. Time is strictly of the essence of this agreement
and each and every covenant, term, and provision hereof.
11.13 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 Agreement, and its execution of this Agreement
has been duly authorized.
11.14 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 Agreement, 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.
11.15 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
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.
Resolution No. 2022-23
Page 10 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
9 of 17
11.16 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.
11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may
terminate this Agreement in whole or in part at any time, for any cause or without cause, upon
fifteen (15) calendar days' written notice to Contractor. If the Agreement 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.
11.18 DEFAULT. In the event either party materially defaults in its obligations
hereunder, the other party may declare a default and terminate this Agreement by written notice
to the defaulting party. The notice shall specify the basis for the default. The Agreement 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
default as a result of Force Majeure. Contractor must notify the City immediately upon knowing
that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that
time Contractor is to submit in writing a Recovery Plan for this Agreement. 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.
11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the
terminating party of further liability or responsibility under this Agreement, 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
Resolution No. 2022-23
Page 11 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
10 of 17
shall be required to provide such document and other information within fifteen (15) days of the
request.
11.19.1 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.
11.20 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 Agreement
and/or is paying only the amounts to which Contractor is properly entitled under the Agreement
or for other purposes relating to the Agreement.
The Contractor shall maintain and preserve all such records for a period
of at least three (3) years after termination of the Agreement.
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.
11.21 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.
11.22 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.
11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five
dollars ($25) for each worker employed in the execution of this Agreement by the respective
Contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code
as a penalty paid to the City; provided, however, work performed by employees of contractors in
excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon
Resolution No. 2022-23
Page 12 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
11 of 17
compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the
basic rate of pay.
11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor
certifies and represents that, during the performance of this Agreement, 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].
Resolution No. 2022-23
Page 13 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
12 of 17
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Commencement Date stated on the cover page.
City of Vernon, a California charter City
and California municipal corporation
By: ____________________________
Carlos R. Fandino, Jr.,
City Administrator
Laurene Mascola, M.D., M.P.H.
By:
Name: Laurene Mascola
Title: Physician
ATTEST:
_______________________________
Lisa Pope,
City Clerk
APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
Interim City Attorney
Resolution No. 2022-23
Page 14 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
13 of 17
EXHIBIT A
SCOPE OF SERVICE
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 contractor 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.
- Work with the Director of Health and Environmental Control to inform, educate, and
Resolution No. 2022-23
Page 15 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
14 of 17
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
- lnform 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.9., 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 lncident 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.
Resolution No. 2022-23
Page 16 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
15 of 17
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.
Resolution No. 2022-23
Page 17 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
16 of 17
EXHIBIT B
SCHEDULE
Hourly Rate: $300 per hour
Contractor shall bill at the applicable hourly rate for services provided under the
Services Agreement for City of Vernon Health Officer Services.
Contractor shall submit invoices to the City of Vernon, Director of Health and
Environmental Control on a bi-weekly basis.
ln addition to the compensation provided above, the City will reimburse Contractor 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 lnternal
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.
.
Resolution No. 2022-23
Page 18 of 19
________________________
Services Agreement with Laurene Mascola, M.D., M.P.H
17 of 17
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.
Resolution No. 2022-23
Page 19 of 19
________________________
City Council Agenda Item Report
Submitted by: Veronica Petrosyan
Submitting Department: Health and Environmental Control Department
Meeting Date: July 19, 2022
SUBJECT
Appointment of Health Officer for the City of Vernon
Recommendation:
A. Find that it is in the best interest of the City to award a services agreement for Health
Officer Services to Dr. Laurene Mascola, M.D., MPH, without a competitive selection
process; and
B. Adopt Resolution No. 2022-23 appointing Laurene Mascola, M.D., MPH as Health
Officer for the City of Vernon and approving and authorizing the execution of a services
agreement for Health Officer Services.
Background:
Pursuant to California Health and Safety Code (HSC) Section 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, HSC Section 101460 also
requires each city to appoint a Health Officer, who must be a physician, unless a city is under
contract with county health services. As required by State law, Vernon must appoint a Health
Officer in order to formalize the roles and responsibilities of its Health and Environmental
Control Department and exercise its full delegated authority. With the ongoing COVID-19
pandemic, the need for the City to have its own Health Officer continues to be indispensable
as there is an ongoing duty for the City to address public health matters occurring within
Vernon boundaries.
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. 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 (VMC) Section 2.36.070 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 City's Health Officer effective as of June 1, 2020, and approved a related Services
Agreement for this purpose. It was determined that the agreement was exempt from
competitive selection requirements, pursuant to VMC Section 3.32.110(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. On June 16,
2020, City Council adopted Resolution 2020-22, ratifying the appointment of Dr. Mascola and
the execution of a related services agreement for a one-year term. To retain continuity of
medical services, and to effectively aid the City in its efforts to address specific ongoing public
health matters faced by the Vernon community, the City Council adopted Resolution No. 2021-
24 on July 20, 2021 extending the service agreement with Dr. Mascola for an additional year.
1
The Department of Health and Environmental Control is interested in continuing its contract
with Dr. Mascola, and now recommends that the City Council deem it to be in the best
interests of the City to do so. 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. Dr. Mascola was initially selected after a careful search and thorough
review of qualifications conducted by the Director of the Health and Environmental Control
Department. Dr. Mascola is qualified to conduct the necessary work, has proven to be reliable
and knowledgeable, is familiar with Vernon's unique needs, and has established a positive
relationship with the City. Accordingly, staff recommends that the City Council adopt
Resolution No. 2022-23 appointing Laurene Mascola, M.D., MPH as Health Officer for the City
of Vernon and authorizing the execution of a services agreement for Health Officer Services
effective July 1, 2022, for a three-year term. The services agreement with Dr. Mascola has
been reviewed and approved as to form by the City Attorney's Office.
Fiscal Impact:
The fiscal impact of the services agreement with Dr. Mascola is a not-to-exceed amount of
$50,000. Sufficient funds are available in General Fund, Health Department Account No.
011.1060.595200.
Attachments:
1. Resolution No. 2022-23
2