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03.06 DHCS and CalOptima FY 2018-19 ���FP��9� U~' � ° .`�'�Ct1 . ��:.: ;�2 A GENDA ITEM ���F���6��GP���°Q � July 9, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Chris Boyd, Fire Chief ��+�s REVIEW: City Manage Finance � 1 . SUBJECT Participate in a one-time Intergovernmental Transfer with the California Department of Health Care Services and Cal Optima. 2. SUMMARY A request for City Council approval to participate in a one-time Intergovernmental Transfer in Fiscal Year 2018-2019 to access additional federal Medicaid dollars to support unreimbursed care. 3. RECOMMENDED ACTION 1) Approve agreements with the California Department of Health Care Services and Cal Optima in the amount of $507,200, for a one-time Intergovernmental Transfer, and authorize the Mayor and City Clerk to execute on behalf of the City. 2) Authorize the transfer of $507,200 of reimbursable funds to the California Department of Health Care Services. 4. FISCAL IMPACT Reimbursable funds of $507,200 will be advanced to obtain previously unreimbursed Medicaid revenue of $422,666. The total amount of $929,866 will be received by early 2020. Funds are available in the General Fund (100). 5. STRATEGIC PLAN GOALS Goal 3.0: Protect lives and property of Orange residents and businesses from urban and wildland fire hazards. Policv 3.8: Ensure that the Fire Department has sufficient capacity, stations, personnel, and equipment to meet growth needs in the City for fire protection and related emergency services. 2: Be a Fiscally Healthy Community a: Expend fiscal resources responsibly. � ITEM 3• � � 1 07/09/2019 � 6. DISCUSSION AND BACKGROUND An Intergovernmental Transfer (IGT) allows California's Medi-Cal managed care plans to partner with local units of government to access additional federal Medicaid dollars and use them to support unreimbursed care and provide health care services. Since the City provides ambulance transport services and has unreimbursed Medicaid expenses, it is eligible to participate in the IGT program. Prior to Fiscal Year 2015 (FY15), cities were not yet eligible and only the University of California, Irvine (UCI) participated in the program. Currently, UCI, the City of Newport Beach, and the City of Orange are participants. In FY15, 16, 17, and 18, the City received net additional revenue of $140,398, $152,701, $180,956, and $472,145 respectively. In FY18, the federal match changed to include the Optional Medicaid Expansion population for which the formula is 5% state/95% federal. This new rate increased the City's return from an average of 25% from FY15-17, to 65% in FY18. Provisions of the IGT require the City to transfer an amount representing 50% of unreimbursed CalOptima patient charges (the IGT amount) to the California State Department of Health Services (DHCS). The City also remits an administrative fee equal to 20% of the IGT amount. DHCS uses the original IGT amount to access the Federal government's highest allowable Medi-Cal reimbursement rate, enabling them to draw down additional Federal funds on behalf of the City. Upon reimbursement from the Federal government, Cal Optima reimburses the City the original IGT amount, the 20% administrative fee, and 50% of the additional reimbursement revenue (the maximum allowed recovery amount under the program). The amount received is based on the rate range and the number of CalOptima providers. While ultimate funding is not guaranteed, DHCS again reached out to the City to participate in the program for FY19. The details of the City's participation are as follows: IGT Transfer to DHCS-FY 19 $ 507,200 IGT Amount 422,666 20% Admin Fee 84,534 Total IGT to DHCS $ 507,200 Estimated IGT Revenue $ 980,000 50% Additional Revenue to City $ 490,000 Total Received back from DHCS $ 997,200 On August 23, 2018, the City submitted a non-binding letter to DHCS confirming our interest in participating in the program. If the City intends to move forward, DHCS requires two (2) agreements to be signed: ITEM � 2 07/09/2019 1) Intergovernmental Agreement regarding transfer of public funds between the City and DHCS, and 2) Health Plan-Provider Agreement between the City and CalOptima. Approximate Timeframe for IGT participation: In May 2019, CalOptima advised DHCS the City will be participating in the IGT program at a funding level of $422,666. In July 2019, all agreements will be signed and submitted to DHCS for their review and approval. Starting in the third quarter of calendar year 2019 (CY19), the City will wire DHCS $507,200 representing unreimbursed Medicaid expenses incurred in FY19. In the first quarter of calendar year 2020 (CY20), DHCS will send the additional revenue to CalOptima for disbursement. CalOptima will distribute an estimated amount of $997.200 back to the City within the 30 days specified in the Provider Agreement, of which $490,000 is the estimated net revenue to the City. Specifics of this IGT participation require additional monies received to be used for transport services. Allowable expenditures include salaries for transport personnel, related materials and supplies, and capital expenses. While there are no specific guidelines or obligations, the additional revenue received should be used within a year after receipt. There are no guarantees that future monies for reimbursement will be available; as such, this revenue should be viewed as one-time funding only. Although funding is not guaranteed, successful participation in each of the FY15 through FY 18 programs did net the City supplementary revenue, and staff recommends the City seek this additional reimbursement. � 7. ATTACHMENTS 1. Intergovernmental Agreement regarding transfer of public funds between the City of Orange and DHCS. 2. Provider Agreement between the City of Orange and CalOptima. ITEM � 3 � 07/09/2019 CONTRACT#18-95607 INTERGOVERNMENTAL AGREEMENT REGARDING TRANSFER OF PUBLIC FUNDS This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES ("DHCS") and the CITY OF ORANGE(GOVERNMENTAL FLTNDING ENTITY)with respect to the matters set forth below. The parties agree as follows: AGREEMENT 1. Transfer of Public Funds 1.1 The GOVERNMENTAL FUNDING ENTITY agrees to make a transfer of funds to DHCS pursuant to sections 14164 and 14301.4 of the Welfare and Institutions Code. The amount transferred shall be based on the sum of the applicable rate category per member per month (PMPM) contribution increments multiplied by member months, as reflected in Exhibit 1. The GOVERNMENTAL FLTNDING ENTITY agrees to initially transfer amounts that are calculated using the Estimated Member Months in Exhibit 1,which will be reconciled to actual enrollment for the service period of July 1, 2018 through June 30, 2019 in accordance with Sub- Section 1.3 of this Agreement. The funds transferred shall be used as described in Sub-Section 2.2 of this Agreement. The funds shall be transferred in accordance with the terms and conditions, including schedule and amount, established by DHCS. � 1.2 The GOVERNMENTAL FUNDING ENTITY shall certify that the funds transferred qualify for Federal Financial Participation pursuant to 42 C.F.R.part 433, subpart B, and are not derived from impermissible sources such as recycled.Medicaid payments, Federal money excluded from use as State match, impermissible taxes, and non-bona fide provider- 1 Template Version- 7/2018 CONTRACT#18-95607 related donations. Impermissible sources do not include patient care or other revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding. 1.3 DHCS shall reconcile the "Estimated Member Months,"in Exhibit 1, to actual enrollment in HEALTH PLAN(S) for the service period of July 1, 2018 through June 30, 2019 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated enrollment figures become available. Actual enrollment figures will be considered final two years after June 30, 2019. If this reconciliation results in an increase to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, the GOVERNMENTAL FLTNDING ENTITY agrees to transfer any additional funds necessary to cover the difference. If this reconciliation results in a decrease to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, DHCS agrees to return the unexpended funds to the GOVERNMENTAL FiJNDING ENTITY. If DHCS and the GOVERNMENTAL FLTNDING ENTITY mutually agree, amounts due to or owed by the GOVERNMENTAL FUNDING ENTITY may be offset against future transfers. 2. Acceptance and Use of Transferred Funds 2.1 DHCS shall exercise its authority under section 14164 of the Welfare and Institutions Code to accept funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to this Agreement as IGTs, to use for the purpose set forth in Sub-Section 2.2. 2.2 The funds transferred by the GOVERNMENTAL FiJNDING ENTITY pursuant to Section 1 and Exhibit 1 of this Agreement shall be used to fund the non-federal share of Medi-Cal Managed Care actuarially sound capitation rates described in section 14301.4(b)(4) of the Welfare and Institutions Code as reflected in the contribution PMPM and rate categories 2 Template Version- 7/2018 CONTR.ACT#18-95607 reflected in Exhibit 1. The funds transferred shall be paid, together with the related Federal Financial Participation, by DHCS to HEALTH PLAN(S) as part of HEALTH PLAN(S)' capitation rates for the service period of July 1, 2018 through June 30, 2019, in accordance with section 14301.4 of the Welfare and Institutions Code. 2.3 DHCS shall seek Federal Financial Participation for the capitation rates specified in Sub-Section 2.2 to the full extent permitted by federal law. 2.4 The parties acknowledge that DHCS will obtain any necessary approvals from the Centers for Medicare and Medicaid Services. 2.5 DHCS shall not direct HEALTH PLAN(S)' expenditure of the payments received pursuant to Sub-Section 2.2. 3. Assessment Fee 3.1 DHCS shall exercise its authority under section 14301.4 of the Welfare and Institutions Code to assess a 20 percent fee related to the amounts transferred pursuant to Section 1 of this Agreement, except as provided in Sub-Section 3.2. GOVERNMENTAL FiJNDING ENTITY agrees to pay the full amount of that assessment in addition to the funds transferred pursuant to Section 1 of this Agreement. 3.2 The 20-percent assessment fee shall not be applied to any portion of funds transferred pursuant to Section 1 that are exempt in accordance with sections 14301.4(d) or 14301.5(b)(4) of the Welfare and Institutions Code. DHCS shall have sole discretion to determine the amount of the funds transferred pursuant to Section 1 that will not be subject to a 20 percent fee. DHCS has determined that $0.00 of the transfer amounts will not be assessed a 20 percent fee, subject to Sub-Section 3.3. 3 Template Version- 7/2018 CONTRACT#18-95607 3.3 The 20-percent assessment fee pursuant to this Agreement is non- refundable and shall be wired to DHCS separately from, and simultaneous to, the transfer amounts made under Section 1 of this Agreement. If, at the time of the reconciliation performed pursuant to Sub-Section 1.3 of this Agreement, there is a change in the amount transferred that is subject to the 20-percent assessment in accordance with Sub-Section 3.1, then a proportional adjustment to the assessment fee will be made. 4. Amendments 4.1 No amendment or modification to this Agreement shall be binding on either party unless made in writing and executed by both parties. 4.2 The parties shall negotiate in good faith to amend this Agreement as necessary and appropriate to implement the requirements set forth in Section 2 of this Agreement. 5. Notices. Any and all notices required,permitted or desired to be given hereunder by one party to the other shall be in writing and shall be delivered to the other party personally or by United States First Class, Certified or Registered mail with postage prepaid, addressed to the other party at the address set forth below: To the GOVERNMENTAL FiJNDING ENTITY: Rick Otto, City Manager City of Orange 300 E. Chapman Ave. Orange, CA 92866 rotto@,cityoforange.org - With copies to: Katrin Bandhauer,Assistant Finance Director City of Orange 4 Template Version-7/2018 CONTR.ACT#18-95607 300 E. Chapman Ave. Orange, CA 92866 kbandhauer(c��yoforan e.org To DHCS: Sandra Dixon California Department of Health Care Services Capitated Rates Development Division 1501 Capitol Ave., Suite 71-4002 MS 4413 Sacramento, CA 95814 S andra.Dixon n,dhcs.ca.� 6. Other Provisions 6.1 This Agreement contains the entire Agreement between the parties with respect to the Medi-Cal payments described in Sub-Section 2.2 of this Agreement that are funded by the GOVERNMENTAL FUNDING ENTITY, and supersedes any previous or contemporaneous oral or written proposals, statements, discussions,negotiations or other agreements between the GOVERNMENTAL FiJNDING ENTITY and DHCS relating to the subj ect matter of this Agreement. This Agreement is not, however, intended to be the sole agreement between the parties on matters relating to the funding and administration of the Medi- Cal program. This Agreement shall not modify the terms of any other agreement, existing or entered into in the future,between the parties. 6.2 The non-enforcement or other waiver of any provision of this Agreement shall not be construed as a continuing waiver or as a waiver of any other provision of this Agreement. 6.3 Sections 2 and 3 of this Agreement shall survive the expiration or termination of this Agreement. 5 Template Version- 7/2018 CONTR.ACT#18-95607 6.4 Nothing in this Agreement is intended to confer any rights or remedies on any third party, including, without limitation, any provider(s) or groups of providers, or any right to medical services for any individual(s) or groups of individuals. Accordingly, there shall be no third party beneficiary of this Agreement. 6.5 Time is of the essence in this Agreement. 6.6 Each party hereby represents that the person(s) executing this Agreement on its behalf is duly authorized to do so. 7. State Authoritv. Except as expressly provided herein,nothing in this Agreement shall be construed to limit, restrict, or modify the DHCS' powers, authorities, and duties under Federal and State law and regulations. 8. A� rU oval. This Agreement is of no force and effect until signed by the parties. 9. Term. This Agreement shall be effective as of July 1, 2018 and shall expire as of December 31,2021 unless terminated earlier by mutual agreement of the parties. . 6 Template Version-7/2018 CONTRACT#18-95607 SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last signature below. THE CITY OF OR.ANGE: By: Date: Mark A. Murphy, Mayor ATTEST: Pamela Coleman, City Clerk APPROVED AS TO FORM: Mary E. Binning, Sr. Asst. City Attorney THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES: By: Date: Jennifer Lopez, Division Chief, Capitated Rates Development Division 7 Template Version- 7/2018 CONTRACT#18-95607 Exhibit 1 �nding Entity: �City of Orange � He alth Plan: CalOptima Rating Region: i�Orange Estimated Estimated Member Contnbution(Non Rate Category ContnbutionPMPM Months FederalShare) Child- non MCHIP $ 0.03 2,517,705 $ 75,531 Child- MCHIP $ 0.01 1,307,665 $ 13,077 Adult- non MCHIP $ 0.10 1,126,289 $ 112,629 Adult- MCHIP $ 0.02 40,055 $ 801 SPD $ 0.24 482,490 $ 115,798 SPD/Full Dual $ 0.06 26,675 $ 1,601 BCCTP $ 0.36 7,396 $ 2,663 LTC $ 2.14 14,780 $ 31,629 LTC/Full Dual $ 1.10 36,930 $ 40,623 Optional E�ansion $ 0.01 2,831,403 $ 28,314 Estimated Total 8,391,388 $ 422,666 8 Template Version- 7/2018 HEALTH PLAN-PROVIDER AGREEMENT INTERGOVERNMENTAL TRANSFER RATE RANGE PROGRAM AGREEMENT This Agreement is made this day of , 2019, by and between CALOPTIMA, a California public agency hereinafter referred to as "PLAN", and the City of Orange, a California municipal corporation operating through its Fire Department, hereinafter referred to as "PROVIDER". RECITALS WHEREAS, PLAN is a public agency formed pursuant to California Welfare and Institutions Code Section 14087.54 and Orange County Ordinance No. 3896 as amended by Ordinance Nos. 00-8, OS-008,06-012, 09-001, 11-013, 14-002 and 16-001, and is party to a Medi- Cal managed care contract with DHCS, entered into pursuant to Welfare and Institutions Code Section 14087.3, under which PLAN arranges and pays for the provision of covered Medi-Cal health care services to eligible Medi-Cal members residing in Orange County; WHEREAS, the City of Orange is a 911 Ground Ambulance provider who provides transportation on a non-contract basis, including to CalOptima Medi-Cal Members; WHEREAS, PLAN and PROVIDER desire to enter into this Agreement to provide for Medi-Cal managed care capitation rate increases to PLAN as a result of intergovernmental transfers ("IGTs") from the City of Orange (GOVERNMENTAL FUNDING ENTITY) to the California Department of Healtfi Care Services ("State DHCS") to maintain the availability of Medi-Cal health care services to Medi-Cal beneficiaries. NOW, THEREFORE, PLAN and PROVIDER hereby agree as follows: IGT MEDI-CAL MANAGED CARE CAPITATION RATE RANGE INCREASES 1. IGT Canitation Rate Range Increases to PLAN A. Pavment Should PLAN receive any Medi-Cal managed care capitation rate increases from State DHCS where the nonfederal share is funded by the GOVERNMENTAL FUNDING ENTITY specifically pursuant to the provisions of the Intergovernmental Agreement Regarding Transfer of Public Funds, #18-95607, ("Intergovernmental Agreement") effective for the period of and July 1, 2018 through June 30, 2019 for Intergovernmental Transfer Medi-Cal Managed Care Rate Range Increases("IGT MMCRRIs"),PLAN shall pay to PROVIDER the amount of the IGT MMCRRIs received from State DHCS, in accordance with paragraph 1.E below regarding the form and timing of Local Medi-Cal Managed Care Rate Range("LMMCRR") IGT Payments. LMMCRR IGT Payments paid to PROVIDER shall not replace or supplant any other amounts paid or payable to PROVIDER by PLAN. B. Health Plan Retention (1) a. PLAN shall retain 33.32 percent from the Medi-Cal managed care rate increases paid to PLAN by DHCS as described in this agreement prior to disbursing LMMCRR IGT Payments to PROVIDER. The retained funds will be expended by PLAN for Covered Services under PLAN's contract with DHCS for Medi-Cal, in either the State fiscal year received, or in subsequent State fiscal years, as appropriated by the CalOptima Board of Directors. Each provider's share of the retained funds shall be calculated based on the provider's proportionate share of the LMMCRR IGT payrnent made by PLAN in Orange County. b. The amounts referenced in this agreement are estimates. The parties understand and agree that the total amount of the Medi-Cal managed care capitation rate increases paid by DHCS to PLAN may fluctuate as a result of enrollment. The parties further understand and agree that any such fluctuations will likewise affect the amount to be retained by the PLAN and the amount payable to PROVIDER by the same percentage as the variance in the capitation rate increases, if any. (2) PLAN will not retain any other portion of the IGT MMCRRIs received from the State DHCS other than those mentioned above. C. Conditions for Receivins Local Medi-Cal Managed Care Rate Range IGT Payments As a condition for receiving LMMCRR IGT Payments,PROVIDER shall, as of the date the particular LMNICRR IGT Payrnent is due: (1) continue to provide emergency transport services to PLAN Members promptly and in a manner which ensures access to care consistent with PROVIDER's regular business practices for providing such services; and (2) not discriminate against PLAN Members or in any way impose limitations on the acceptance of PLAN Members for care or treatment that are not imposed on other patients of PROVIDER. D. 5chedule and Notice of Transfer of Non-Federal Funds (1) PROVIDER shall provide PLAN with a copy of the schedule regarding the transfer of funds to State DHCS referred to in the Intergovernmental Transfer Agreement within ffteen (15) calendar days of establishing such schedule with State DHCS. Additionally, PROVIDER shall notify PLAN, in writing, no less than seven (7) calendar days prior to any changes to an existing schedule, including but not limited to, changes to the amounts specified therein. (2) PROVIDER shall provide PLAN with written notice of the amount and date of the transfer within seven(7) calendar days after funds have been transferred to State DHCS for use as the nonfederal share of any IGT MMCRRIs. 2 E. Form and Timing of Payments PLAN agrees to pay LMMCRR IGT Payments to PROVIDER in the following form and according to the following schedule: (1) PLAN agrees to pay the LMMCRR IGT Payments to PROVIDER using the same mechanism through which compensation and payments are normally paid to PROVIDER (e.g., electronic transfer). (2) PLAN will pay the LMMCRR IGT Payments to PROVIDER no later than thirty(30) calendar days after receipt of the IGT MMCRRIs from State DHCS. F. Consideration (1) As consideration for the LMMCRR IGT Payments, PROVIDER shall use the LMMCRR IGT Payments for the following purposes and shall treat the LMMCRR IGT Payments in the following manner: (a) The LMMCRR IGT Payments shall represent compensation for emergency ambulance services rendered to Medi-Cal PLAN members by PROVIDER between July 1, 2018, and June 30, 2019, and shall be used by PROVIDER solely to fund the costs that exceed the fee-for-service rates paid by Medi-Cal PLAN for covered services provided to Medi- Cal PLAN Members during that period. (b) To the extent that total payments received by PROVIDER for any State fiscal year under this Agreement exceed the cost of Covered Services provided to Medi-Cal PLAN members by PROVIDER during that fiscal year, any remaining LMMCRR IGT Payment amounts shall constitute an overpayrnent, and shall by returned to Medi-Cal PLAN pursuant to the provisions of Section 1.K.,below (2) Both parties agree that none of these funds, either from the GOVERNMENTAL FUNDING ENTITY or federal matching funds will be recycled back to the GOVERNMENTAL FUNDING ENTITY'S general fund, the State, or any other intermediary organization. Payments made by the health,plan to providers under the terms of this Agreement constitute patient care revenues. G. PLAN's Oversight Resnonsibilities PLAN's oversight responsibilities regarding PROVIDER's use of the LMMCRR .. IGT Payments shall be limited as described in this paragraph. PLAN shall request, within thirty (30) calendar days after the end of each State fiscal year in which LMMCRR IGT Payments were transferred to PROVIDER, a written confirmation that states whether and how PROVIDER complied with the provisions set forth in Paragraph 1.F above. In each instance,PROVIDER shall provide PLAN with written confirmation of compliance within thirty (30) calendar days of PLAN's request. 3 H. Cooneration Amons Parties Should disputes or disagreements arise regarding the ultimate computation or appropriateness of any aspect of the LMMCRR IGT Payrnents, PROVIDER and PLAN agree to work together in all respects to support and preserve the LMMCRR IGT Payments to the full extent possible on behalf of the safety net in Orange County. I. Reconciliation Within one hundred twenty (120) calendar days after the end of each of PLAN's fiscal years in which LMMCRR IGT Payments were made to PROVIDER,PLAN shall perform a reconciliation of the LMMCRR IGT Payments transmitted to the PROVIDER during the preceding fiscal year�to ensure that the supporting amount of IGT MMCRRIs were received by PLAN from State DHCS. PROVIDER agrees to return to PLAN any overpayment of LMMCRR IGT Payments made in error to PROVIDER within thirty (30) calendar days after receipt from PLAN of a written notice of the overpayment error,unless PROVIDER submits a written objection to PLAN. Any such objection shall be resolved in accordance with the dispute resolution process set forth in Section 1.H. The reconciliation processes established under this paragraph are distinct from the indemnification provisions set forth in Paragraph 1.J below. PLAN agrees to transmit to the PROVIDER any underpayment of LMMCRR IGT Payments within thirty(30) calendar days of PLAN's identification of such underpayment. J. Indemnification PROVIDER agrees to and acknowledges the following: (1) PLAN has no obligation to make any payments hereunder until PLAN has received IGT MMCRRIs from State DHCS; (2) that PLAN is not responsible for State DHCS payments to PLAN, including any mathematical calculations made by DHCS, and (3) PLAN is not responsible for the timing of the payments from DHCS to PLAN(including the conditions precedent to the timing of such payments which includes the timing of DHCS submission to CMS and/or CMS review and approval). In addition, PLAN and PROVIDER agree and acknowledge that nothing herein is intended to create an obligation on the part of PLAN to agree to delays in capitation payment(s)from DHCS in order to accommodate this IGT. K. Overpavments and CalOptima Right to Recover PROVIDER has an obligation to report any overpayment identified by PROVIDER, and to repay such overpayment to CalOptima within sixty (60) days of such identification by PROVIDER, or of receipt of notice of an overpayment identified by CalOptima. PROVIDER aclrnowledges and agrees that,in the event that CalOptima determines that an amount has been overpaid or paid in duplicate, or that funds were paid which were not due under this Contract to PROVIDER, CalOptima shall have the right to recover such amounts from PROVIDER by recoupment or offset from current or future amounts due from CalOptima to PROVIDER, after giving notice and an opporiunity to return/pay such amounts. This right to recoupment or offset shall extend to any amounts due from PROVIDER to CalOptima, including, 4 but not limited to, amounts due because of overpayments as described in the provisions of this agreement. 2. Term The term of this agreement shall commence on July 1, 2018 and shall terminate on September 30, 2021. SIGNATURES HEALTH PLAN: CalOptima Date: By: Michael Schrader, Chief Executive Officer PROVIDER: City of Orange Date: By: Mark A. Murphy,Mayor ATTEST: Date: Pamela Coleman, City Clerk APPROVED AS TO FORM: Gary A. Sheatz, City Attorney 5