HomeMy WebLinkAboutORANGE, COUNTY OF - HEALTH CARE AGENCYINSURANCE Return ORIGINAL
NOT REQUIRED executed copy to COTC,
WORK MAy PROCEED M
-30
CLERK OF COUNCIL
MEMORANDUM OF UNDERSTANDING
WR 1 8 2020 BETWEEN
THE COUNTY OF ORANGE HEALTH CARE AGENCY
AND
SANTA ANA POLICE DEPARTMENT
FOR
TRANSFER OWNERSHIP OF PROPERTY AND RELEASE OF LIABILITY
N-2020-073
This memorandum of understanding ("MOU") is entered into this 17th day of March, 2020 (the
"Effective Date"), between the County of Orange Health Care Agency ("HCA" ),) and
SANTA ANA POLICE DEPARTMENT for Transfer Ownership of Property and Release of
Liability. SANTA ANA POLICE DEPARTMENT and FICA may be referred to individually as
"Party" and collectively as "the Parties." The relationship between SANTA ANA POLICE
DEPARTMENT and FICA, with regard to this MOU, is based upon the following:
RECITALS
WHEREAS in approximately 2009, Health Care Agency (FICA) purchased a large
quantity of Global Protection HY8510 N95 masks.
WHEREAS the Global Protection HY8510 N95 masks were housed by FICA at the FICA
Emergency Management System (EMS) Warehouse under the EMS -HEM Program.
WHEREAS under the EMS -HEM Program these Global Protection HY8510 N95 masks
are past their expiration date and not medically acceptable for use as N95 masks.
WHEREAS due to the threat that the COVID-19 virus poses to the safety and welfare of
County residents, the immediate donation of this surplus medical equipment is necessary for use
as surgical masks only.
WHEREAS SANTA ANA POLICE DEPARTMENT is aware that Global Protection
HY8510 N95 masks are expired and are being distributed for use as surgical masks only, and
SANTA ANA POLICE DEPARTMENT would like to assume ownership of 500 expired Global
Protection HY8510 N95 masks for use as surgical masks only, and release County of liability and
cost related to the expired Global Protection HY8510 N95 masks.
WHEREAS FICA is agreeable to surrendering ownership of expired Global Protection
HYSS I O N95 masks to SANTA ANA POLICE DEPARTMENT:
NOW, THEREFORE, PARTIES do hereby agree as follows:
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03/13/2020
TABLE OIL CONTENTS
I. TERM ............................................................................................................................3
II. PURPOSE.....................................................................................................................3
III. SCOPE OF WORK......................................................................................................3
IV. SANTA ANA POLICE DEPARTMENT RESPONSIBILITIES ..............I.............3
V. LICA RESPONSIBILITIES........................................................................................3
VI. COMPENSATION..................................................................................................... 3
VILRELEASE OIL LIABILITY ........... ....................................................................... ......3
VIII. CORRESPONDENCE............................................................................ ...............3
IX. TERMINATION..........................................................................................................4
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03/I3/2020
1. TERM
The term shall commence on effective date of MOU and end with the physical transfer of
property, The Parties shall be obligated to perform such duties as would normally extend
beyond this term including, but not limited to, obligations with respect to audits, reporting
and accounting.
11. PURPOSE
The purpose of this MOIL is to set forth the responsibilities of SANTA ANA POLICE
DEPARTMENT and I-ICA regarding transfer of ownership and property.
111. SCOPE OF WORK - Transfer the property and ownership of 500 expired Global
Protection IIY8510 N95 masks to be used as suraicol tuasks only from IICA to SANTA
ANA POLICE DEPARTMENT
IV, SANTA ANA POLICE DEPARTMENT
SANTA ANA POLICE DEPARTMENT shall:
A. Accept the physical transfer of 500 expired Global Protection I IY8510 N95 masks
to be used as surgical masks
B. Assume ownership of the physical property described above releasing County of
Orange, and IICA from all liability related to its use.
C, Assume responsibility for all costs including, but not limited to the maintenance,
use, and disposal of property.
V. HCA RESPONSIBILITIES
IICA shall:
A. I'acilitate the physical transfer of 500 expired Global Protection I-1Y8510 N95 masks
to be used as surgical masks only.
B. Relinquish ownership of the physical property described above, relieving County of
Orange, and IICA from all liability related to its use, including any costs related to
the maintenance, use, and disposal of property.
VI. COMPIi.NSATION
There will be no monetary compensation between Parties in exchange for the ownership
of and physical transfer of equipment under this MOU, Any costs related to the
maintenance, use, and/or disposal of property is assumed by SANTA ANA POLICE
DEPARTMENT as outlined in Paragraph IV above.
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03/13/2020
VII.
RELEASE. OF LIABILITY
SANTA ANA POLICE DEPARTMENT releases from liability and agrees to indemnify
and hold harmless the County of Orange and any of its employees from any liability in
connection with the use of the equipment being transferred. ]'Iris release is for any and all
liability for personal injury, property loss or damage in connection with the possession or
use of the equipment.
NOTICE AND CORRESPONDENCE
A. All correspondence concerning this MOU will be in writing and sent to:
SANTA ANA POLICE DEPARTMENT
60 Civic Center Plaza
Santa Ana, CA 92701
Alan Gonzalez, 714-420-7179
County of Orange Health Care Agency
Emergency Medical Services
405 W. 5a' Street
Santa Ana, CA 92701
Attention: Mike Delaby— 714-415-8980
E. All notices in accordance with this MOU shall be made in writing, and addressed as
above. IJCA and SANTA ANA POLICE DEPARTMENT may mutually agree in
writing to change the addresses to which notices are sent.
VIII. LEI2MINATION
A. Either party may terminate this MOU without penalty immediately with cause or
prior to SANTA ANA POLICE DEPARTMENT acceptance of property.
B. The obligations of each Party under this MOU are contingent upon HCA's desire to
release said property and SANTA ANA POLICE DEPARTMENT" willingness to
accept said property.
By:�_ See attached s n:lture age___ EY _ �_
Print Name: Richard Sanchez, Director
Organization: County of Orange
Health Care Agency
Dated: Dated:
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03/13/2020
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
DAISY GOMEZ PRISTINE RIDGE
Clerk of the Council 01-rA;- City Manager
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA R. CARVALHO
City*pmeyBy:
OSIAN / DA ALE TIN
Assistant City Attorney Chief of Police