Common use of Emergency/Declared Disaster Requirements Clause in Contracts

Emergency/Declared Disaster Requirements. In the event of an emergency or if Orange County is declared a disaster area by the County, state or federal government, this Contract may be subjected to unusual usage. The Contractor shall service the County during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions. The pricing quoted by the Contractor shall apply to serving the County’s needs regardless of the circumstances. If the Contractor is unable to supply the goods/services under the terms of the Contract, then the Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from the Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Contractor shall show both the emergency purchase order number and the Contract number. The California State Assembly passed AB 2941 in 2018 and it went into effect as of January 1, 2019. This bill requires health plans to take certain actions to provide displaced or potentially displaced enrollees with access to medically necessary health care services if a state of emergency is declared by the Governor for a California county. Contractor recently completed an effort to be in compliance with this legislation. Contractor will continue to post actions taken to respond to an emergency which affects enrollees on its website (xxxxxxxxxxxx.xxx). Contractor’s obligations under this provision are subject to the limitations set forth in Article 35 – Force Majeure of this model contract. In other words, if an emergency or disaster is a force majeure event for Contractor as defined under Article 35, Contractor would be excused from compliance with the requirements under Article 19.