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1 1. ADMINISTRATOR shall ensure that CONTRACTOR is made aware of <br />2 ADMINISTRATOR'S Code of Conduct. <br />3 2. CONTRACTOR shall ensure that its employees, subcontractors, interns, volunteers, and <br />4 members of Board of Directors or duly authorized agents, if appropriate, ("Covered Individuals") <br />5 relative to this Agreement are made aware of ADMINISTRATOR'S Code of Conduct. <br />6 3. CONTRACTOR has the option to adhere to ADMINISTRATOR'S Code of Conduct or <br />'7 establish its own. <br />8 4. If CONTRACTOR elects to have its own Code of Conduct, then it shall submit a copy of its <br />9 Code of Conduct to ADMINISTRATOR within thirty (30) calendar days of award of this Agreement. <br />10 5. ADMINISTRATOR'S Compliance Officer shall determine if CONTRACTOR'S Code of <br />11 Conduct is accepted. CONTRACTOR shall take necessary action to meet said standards or shall be <br />12 asked to acknowledge and agree to the ADMINISTRATOR'S Code of Conduct. <br />13 6. Upon approval of CONTRACTOR'S Code of Conduct by ADMINISTRATOR, <br />14 CONTRACTOR shall ensure that its employees, subcontractors, interns, volunteers, and members of <br />15 Board of Directors or duly authorized agents, if appropriate, ("Covered Individuals") relative to this <br />16 Agreement are made aware of CONTRACTOR'S Code of Conduct. <br />17 7. If CONTRACTOR elects to adhere to ADMINISTRATOR'S Code of Conduct then <br />18 CONTRACTOR shall submit to ADMINISTRATOR a signed acknowledgement and agreement that <br />19 CONTRACTOR shall comply with ADMINISTRATOR'S Code of Conduct. <br />20 8. Failure of CONTRACTOR to timely submit the acknowledgement of <br />21 ADMINISTRATOR'S Code of Conduct shall constitute a material breach of this Agreement, and failure <br />22 to cure such breach within sixty (60) calendar days of such notice from ADMINISTRATOR shall <br />23 constitute grounds for termination of this Agreement as to the non-complying party. <br />24 C. COVERED INDIVIDUALS -CONTRACTOR shall screen all Covered Individuals employed <br />25 or retained to provide services related to this Agreement to ensure that they are not designated as <br />26 "Ineligible Persons," as defined hereunder. Screening shall be conducted against the General Services <br />2'7 Administration's List of Parties Excluded from Federal Programs and the Health and Human <br />28 Services/Office of Inspector General List of Excluded Individuals/Entities. <br />29 1 . Ineligible Person shall be any individual or entity who: <br />30 a. is currently excluded, suspended, debarred or otherwise ineligible to participate in the <br />31 federal health care programs; or <br />32 b. has been convicted of a criminal offense related to the provision of health care items or <br />33 services and has not been reinstated in the federal health care programs after a period of exclusion, <br />34 suspension, debarment, or ineligibility. <br />35 2. CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement. <br />36 CONTRACTOR shall not hire or engage any Ineligible Person to provide services relative to this <br />37 Agreement. <br />CITY OF SANTA ANA 5 of 17 <br />X:\CONTRACTS - 201 O-\201 0-201 5 W1I HS\POD-EQU?F-MASTER- 10-1 5-BG. roc SAN 14-MAPOD03 MACK 1 5