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HomeMy WebLinkAboutCounty of Madera-Temporary Reciprocal Health Officer Coverage_A-24-423.pdf CO- Hall of Records,Room 301 � County of Fresno 2281 Tulare Street Fresno,California > Board of Supervisors 93721-2198 O 1856 O Telephone:(559)600-3529 FRE`' Minute Order Toll Free:1-800-742-1011 www.fresnocountyca.gov August 6, 2024 Present: 5- Supervisor Steve Brandau,Chairman Nathan Magsig,Vice Chairman Buddy Mendes, Supervisor Brian Pacheco,and Supervisor Sal Quintero Agenda No. 52. Public Health File ID:24-0479 Re: Approve and authorize the Chairman to execute an Agreement with the County of Madera,for temporary reciprocal Health Officer coverage,effective upon execution, not to exceed five consecutive years,which includes a three-year base contract and two optional one-year extensions($0) APPROVED AS RECOMMENDED Ayes: 5- Brandau,Magsig, Mendes, Pacheco,and Quintero Agreement No.24-423 County of Fresno Page 54 coU,�,� `, Board Agenda Item 52 1856 Q FRESH DATE: August 6, 2024 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Agreement for Temporary Reciprocal Health Officer Coverage RECOMMENDED ACTION(S): Approve and authorize the Chairman to execute an Agreement with the County of Madera,for temporary reciprocal Health Officer coverage, effective upon execution, not to exceed five consecutive years,which includes a three-year base contract and two optional one-year extensions ($0). Approval of the recommended action will provide the Counties of Fresno and Madera with reciprocal Health Officer coverage if either county's Health Officer is temporarily unavailable to carry out the duties as required by law. This item is countywide. ALTERNATIVE ACTION(S): In the event that the recommended agreement with the County of Madera is not approved, both Fresno and Madera County would need to seek another alternative to fulfill the duties of the Health Officer and Deputy Health Officer should either become temporarily unavailable. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended action. The recommended agreement does not provide any compensation between the County of Fresno and County of Madera. DISCUSSION: Each county in California has an appointed County Health Officer pursuant to Government Code, section 101000 to carry out duties prescribed in Health and Safety Code, section 101025 et seq., as well as other applicable statues. From time to time, a Health Officer may be temporarily absent from the county and/or unavailable to carry out the duties as required by law. This recommended agreement will allow Fresno and Madera counties to provide reciprocal coverage, advise staff, and issue Health Officer orders when either county's Health Officer is temporarily unavailable. Implementing a Health Officer coverage agreement, such as the recommended agreement, is an accepted practice and commonplace among California counties including Alpine, Calaveras, Humboldt, Lake, Marin, Mono, Napa, Sonoma, Tuolumne, and Yuba. Since 2015, the Counties of Fresno and Merced have been engaged in a similar agreement. Under the terms of the recommended agreement, reciprocal Health Officer coverage will be provided at no cost to the requesting county and the providing county's Health Officer shall receive no additional County of Fresno Page 1 File Number:24-0479 File Number:24-0479 remuneration for provision of temporary Health Officer coverage. In addition, the recommended agreement provides each county the discretion to refuse to provide coverage without penalty or liability. It is anticipated that neither county will require more than a minimal amount of coverage from the other county's Health Officer, as the circumstances the Health Officers are truly unavailable are infrequent. Upon approval by your Board, the recommended agreement will be effective June 4, 2024, for a base term of three years and may be extended for two optional one-year periods upon written approval of both parties no later than thirty days to the first day of the next one-year extension upon the same terms and conditions unless written notice of nonrenewal is given by either county. Either party may terminate the recommended agreement without cause upon giving a thirty-day notice of the intent to terminate. The recommended agreement contains mutual indemnification and given the nature of this agreement, the Department considers the agreement to be in the County's best interest and Risk Management has approved. REFERENCE MATERIAL: BAI #59, June 5, 2018 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk-Agreement with County of Madera CAO ANALYST: Ron Alexander County of Fresno page 2 File Number.24-0479 Agreement No. 24-423 HEALTH OFFICER MUTUAL COVERAGE AGREEMENT BETWEEN COUNTY OF MADERA AND THE COUNTY OF FRESNO THIS AGREEMENT ("Agreement") is dated August 6, 2024 , 2024, and is between the COUNTY OF MADERA, a political subdivision of the State of California, whose address is 200 W. 4th Street, Madera, CA 93637, and the COUNTY OF FRESNO, a political subdivision of the State of California, whose address is 1221 Fulton Street, Fresno, CA 93721, (individually referred to as "County" and collectively referred to as "the COUNTIES"). RECITALS A. WHEREAS, the COUNTIES have each appointed a County Health Officer ("Health Officer") pursuant to Health and Safety Code Section 101000; and B. WHEREAS, said Health Officers are appointed to carry out duties prescribed in Health and Safety Code Section 101025 et seq. and other applicable statutes; and C. WHEREAS, each Health Officer, from time to time, is temporarily absent from his/her County or otherwise temporarily unavailable to carry out his/her duties as required by law; and D. WHEREAS, the COUNTIES desire to provide temporary Health Officer coverage for the other County when a Health Officer is temporarily unavailable; NOW, THEREFORE, in consideration of the mutual covenants, terms and Conditions herein contained the COUNTIES agree as follows: 1. RESPONSIBILITIES. 1.1 Through this Agreement, the Health Officer of each County may be requested by the other County's Board of Supervisors, Health Officer, County Administrative or Executive Officer, or other authorized person ("Requesting County") to carry out the functions of the Requesting County's Health Officer when the Requesting County's Health Officer is temporarily unavailable ("Coverage"). The Health Officer of the County providing the Coverage is the "Covering Health Officer," and the County providing the Coverage is the "Providing County." The Covering Health Officer shall have all of the powers and duties of the Requesting County's Health Officer when providing Coverage for the Requesting County. 1.2 For the Purposes of this Agreement, the term "Health Officer" shall include a County's Deputy Health Officer. Should the Health Officer of a Providing County be unable to act as Covering Health Officer to provide Coverage, the Deputy Health Officer of the Providing County is hereby designated to provide temporary Coverage. 1.3 For the Purposes of this Agreement, the term"temporary" shall mean lasting solely for a brief or limited period of time, with the stipulation that the time period (or duration) for which Coverage is needed shall be specified by the Requesting County in advance of the Providing County's agreement to provide Coverage. Nothing in this Agreement shall be interpreted to mean that the Providing Health Officer is providing Coverage in lieu of the Requesting County securing the appointment of its own Health Officer. 1.4 A County or a County Health Officer who is requested by a Requesting County to provide Coverage may refuse to provide Coverage without penalty or liability to 2 said County and/or its Health Officer. A Covering Health Officer may cease providing Coverage to a Requesting County at any time without penalty or liability to himself/herself or the Providing County with prior notification to the Requesting County. 2. COMPLIANCE WITH LAWS. Each County shall, at its own cost, comply with all applicable federal, state, and local laws and regulations in the performance of its obligations under this Agreement, including but not limited to workers compensation, labor and employment, and confidentiality laws and regulations. 3. COMPENSATION. COUNTIES agree that the consideration for any Providing County's Health Officer in providing Coverage for a Requesting County pursuant to this Agreement is the mutual covenants expressed herein. The Providing County shall not be entitled to reimbursement or payment of any costs of the Providing County providing the Coverage. The Coverage provided by a Providing County's Health Officer shall be part of the duties of the Providing County's Health Officer who shall receive no additional remuneration therefore. 4. TERM OF AGREEMENT. 4.1 Term. This Agreement is effective for a period of three (3) years, commencing on AyG-4r 6 , 2024, and terminating on Iq yG-5ZL _S,2027, except as provided in subsection 4.2, "Extension," or Section 6, "Termination and Suspension," below. 4.2 Extension. The term of this Agreement may be extended for no more than two (2), one-year periods only upon written approval of both COUNTIES at least thirty (30) days before the first day of the next one-year extension period. The Director of the Department of Public Health for each County, or his or her respective designee, is 3 authorized to sign the written approval of extension on behalf of each respective County based on mutual satisfactory performance and continued need. 5. NOTICES. 5.1 Contact Information. The persons and their addresses having authority to give and receive notices provided for or permitted under this Agreement include the following: County of Madera: County of Fresno: Director, County of Madera Director, County of Fresno Department of Public Health Department of Public Health 1604 Sunrise Ave 1221 Fulton Street Madera, CA 93638 Fresno, CA 93721 Phone: (559) 675-7893; Phone: (559) 600-6403; Fax: 559-661-2815 Fax: (559) 600-7687 With Copy to: Clerk of the Board Madera County Board of Supervisors 200 West 4th Street Madera, CA 93637 5.2 Change of Contact Information. Either County may change the information in subsection 5.1 "Contact Information" by giving notice as provided in subsection 5.3 "Method of Delivery." 5.3 Method of Delivery. Each notice between the COUNTIES provided for or permitted under this Agreement must be in writing, state that it is a notice provided under this Agreement, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, by telephone facsimile transmission, or by attached documents via through an email process. 4 a. A notice delivered by personal service is effective upon service to the recipient. b. A notice delivered by first-class United States mail is effective three County business days after deposit in the United States mail, postage prepaid, addressed to the recipient. C. A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. d. A notice delivered by telephonic facsimile transmission or by attached document via through an email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of County business hours, then such delivery is deemed to be effective at the next beginning of a county's business day), provided that the sender maintains a machine record of the completed transmission. 5.4 Claims Presentation. For all claims arising from or related to this Agreement, nothing in this Agreement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 6. TERMINATION AND SUSPENSION. 6.1 Termination for Breach. a. Upon determining that a breach (as defined in paragraph c. below) has occurred, either County may give written notice of the breach to the other 5 County. The written notice may suspend performance under this Agreement; and must provide at least 30 days for the noticed County to cure the breach. b. If the noticed County fails to cure the breach to the noticing County's satisfaction within the time stated in the written notice, the noticing County may terminate this Agreement immediately upon written notice of said determination. C. For purposes of this section, a breach occurs when, in the determination of the noticing County, the noticed County has: i. Obtained or used funds illegally or improperly; ii. Failed to comply with any part of this Agreement; iii. Improperly performed Coverage by the Providing County's Health Officer under this Agreement. 6.2 Termination Without Cause. In circumstances other than those set forth above, this Agreement may be terminated by either County by giving at least 30 days advance written notice of an intention to terminate to the other County. 6.3 No Penalty or Further Obligation.Any termination of this Agreement by either County under this Section 6 is without penalty to or further obligation of the COUNTIES. 7. CONFIDENTIALITY. 7.1 Confidentiality. All services performed by the COUNTIES under this Agreement shall be in strict conformance with all applicable Federal, State of California, and/or local laws and regulations relating to confidentiality. 7.2 Survival. This Section 7 survives the termination of this Agreement. 6 8. MUTUAL INDEMNITY AND DEFENSE. 8.1 Mutual Indemnity. Each County shall indemnify and hold harmless and defend the reciprocal County (including its officers, agents, employees and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the COUNTIES, or any third party that arise from or relate to the performance or failure to perform by each County(or any of its officers, agents, subcontractors, or employees) under this Agreement. Each County may conduct or participate in its own defense without affecting the reciprocal County's obligation to indemnify and hold harmless or defend the reciprocal COUNTIES. 8.2 Survival. This Section 8 survives the termination of this Agreement. 9. INSURANCE. The COUNTIES shall comply with all the insurance requirements in Exhibit "A" to this Agreement. 10. GENERAL TERMS. 10.1 Modification. Except as provided in Section 6, "Termination and Suspension," this Agreement may not be modified, and no waiver is effective, except by written agreement signed by both COUNTIES. The COUNTIES acknowledges that County employees have no authority to modify this Agreement except as expressly provided in this Agreement. 10.2 Non-Assignment. Neither County may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other County. 10.3 Governing Law. The rights and obligations of the COUNTIES and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. 7 10.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno County and Madera County, California. COUNTIES consent to California jurisdiction for actions arising from or related to this Agreement, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County. 10.5 Construction. The final form of this Agreement is the result of the COUNTIES' combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either County. 10.6 Days. Unless otherwise specified, "days" means calendar days. 10.7 Headings. The headings and section titles in this Agreement are for convenience only and are not part of this Agreement. 10.8 Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in effect, and the COUNTIES shall make best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to accomplish the COUNTIES' original intent. 10.9 Nondiscrimination. During the performance of this Agreement, the COUNTIES shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status, or any other legally prohibited basis pursuant to all applicable State of California and federal statutes and regulation. 8 10.10 No Waiver. Payment, waiver, or discharge by the COUNTIES of any liability or obligation of the COUNTIES under this Agreement on any one or more occasions is not a waiver of performance of any continuing or other obligation of the COUNTIES and does not prohibit enforcement by the COUNTIES of any obligation on any other occasion. 10.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement between the COUNTIES with respect to the subject matter of the Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement. If there is any inconsistency between the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the terms of the exhibits. 10.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the COUNTIES. 10.13 Authorized Signature. Each County represents and warrants to the other County that: a. Each County is duly authorized and empowered to sign and perform its obligations under this Agreement. b. The individual signing this Agreement on behalf of the COUNTIES is duly authorized to do so and his or her signature on this Agreement legally binds the COUNTIES to the terms of this Agreement. 10.14 Electronic Signatures. The COUNTIES agree that this Agreement may be executed by electronic signature as provided in this section. 9 a. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature. b. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). d. Each County using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other County may rely upon that representation. e. This Agreement is not conditioned upon the COUNTIES conducting the transactions under it by electronic means and either County may sign this Agreement with an original handwritten signature. 10.15 Counterparts. This Agreement may be signed in counterparts, each of which is an original, and all of which together constitute this Agreement. 10 * * * * * * * * * * * IN WITNESS WHEREOF, the COUNTIES hereto have executed this Agreement as of the day and year first hereinabove written. COUNTY OF MADERA COUNTY OF FRESNO Cliairman, Board of Supbrvisors of the Chairman, Board of Supervisors of the County of Madera County of Fresno ATTEST: ATTEST: Clerk, Board of Supervisors Clerk, Board of Supervisors Approved as to Legal Form: Approved as to Legal Form: COUNTY COUNSEL COUNSEL /ATTORNEY i9itallY5i9nedbY:LaurieAvedisian- Laurie Favini DN:;CN=Laurie Avedisian-Favini Ave d i s i a n-Favini email=Ifavini@lozanosmilh.com C= US O=Lozano Smith 17a1e 20 40 By: 41816' 5,24-0T00' By: ACCOUNT NUMBER(S) ACCOUNT NUMBER(S) �c�1 v xv �U�JJ yn• { T T J� 4`p C ® N. 1245\033\AGT\4881-8474-1303.P D F 11 EXHIBIT "A" Page 1 of 3 EXHIBIT A Insurance Requirements 1. Required Policies. Without limiting the indemnification of each County as stated in Section 8, it is understood that COUNTIES, at their sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this Agreement. (A) Commercial General Liability (CGL). Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. Each County shall obtain an endorsement to this policy naming the other County, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the County's policy. (B) Automobile Liability. Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement. (C) Workers Compensation. Workers compensation insurance as required by the laws of the State of California with statutory limits. (D) Employer's Liability. Employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for disease. (E) Professional Liability. Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be prior to the date on which services began under this Agreement; (2) each County shall maintain the policy and provide to the other County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then the County shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. (F) Molestation Liability. Sexual abuse / molestation liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Page 2 of 3 As the COUNTIES are governmental entities, they may satisfy the policy requirements above through a program of self-insurance, including an insurance pooling arrangement or joint exercise of powers agreement. 2. Additional Requirements. (A) Verification of Coverage. Within thirty (30) days after each County signs this Agreement, and at any time during the term of this Agreement as requested by either County's Risk Manager or County Administrative or Executive Office, each County shall deliver to the other, or cause its broker or producer to deliver certificates of insurance and endorsements for all of the coverages required under this Agreement. Said certificates of insurance and endorsements shall be mutually delivered to the County of Fresno, Department of Public Health, P.O. Box 11867, Fresno, CA 93775, Attention: Contracts Section —6th Floor, or email, DPHContracts(cr)fresnocount cca.gov, and to the County of Madera, Department of Public Health, 1604 Sunrise Avenue, Madera, CA 93638, Attention: Contracts, or email DPHFiscal(D,maderacounty.com. (i) Each insurance certificate must state that: (1) the insurance coverage has been obtained and is in full force; and (2) the other County, its officers, agents, employees, and volunteers are not responsible for any premiums on the policy; and (3) the County that is the subject of the certificate has waived its right to recover from the other County, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement and that waiver does not invalidate the insurance policy. (ii) The commercial general liability insurance certificate must also state, and include an endorsement, that each County, its officers, agents, employees, and volunteers, individually and collectively, are additional insureds insofar as the operations under this Agreement are concerned. The commercial general liability insurance certificate must also state that the coverage shall apply as primary insurance and any other insurance, or self-insurance, maintained by the other County shall be excess only and not contributory with insurance provided under each County's individual policy. (iii) The automobile liability insurance certificate must state that the policy covers any auto used in connection with this Agreement. (iv) The professional liability insurance certificate, if it is a claims-made policy, must also state the retroactive date of the policy, which must be prior to the date on which services began under this Agreement. (B) Acceptability of Insurers. All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII. (C) Notice of Cancellation or Change. For each insurance policy required under this Agreement, each County shall provide to the other County, or ensure that the policy requires the insurer to provide to the County, written Page 3 of 3 notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, the County shall, or shall cause the insurer to, provide written notice to the other County not less than 10 days in advance of cancellation. For cancellation of the policy for any other reason, and for any other change to the policy, the County shall, or shall cause the insurer to, provide written notice to the other County not less than thirty (30) days in advance of cancellation or change. The other County in its sole discretion may determine that the failure of the County or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement. (D) County's Entitlement to Greater Coverage. If a County has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the other County requires and is entitled to the broader coverage, higher limits, or both. To that end, the County shall deliver, or cause its broker or producer to deliver, to the other County's Risk Manager certificates of insurance and endorsements for all of the coverages that have such broader coverage, higher limits, or both, as required under this Agreement. (E) Waiver of Subrogation. COUNTIES waive any right to recover from the other County, its officers, agents, employees, and volunteers any amounts paid under the policy of worker's compensation insurance required by this Agreement. Each County is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but the COUNTIES's waiver of subrogation under this paragraph is effective whether or not the COUNTIES obtain such an endorsement. (F) County's Remedy for Contractor's Failure to Maintain. If either County fail to keep in effect at all times any insurance coverage required under this Agreement, the other County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure.