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HomeMy WebLinkAbout25L - AGMT - PRE-EMPLOYMENT SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: APPROVE AN AGREEMENT WITH OCCU-MED, LTD. FOR MEDICAL SERVICES FOR CITY EMPLOYEES AND PRE-EMPLOYMENT ASSESSMENTS (STRATEGIC PLAN NO. 7,51E) CITY M N GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of Council to execute an agreement with Occu-Med Ltd., subject to non -substantive changes approved by the City Manager and City Attorney, to provide comprehensive medical services to City employees and pre-employment assessments for prospective employees for the period of July 1, 2018 through June 30, 2019, in the amount not to exceed $115,000. DISCUSSION Since June 1, 2015, the City has contracted with Occu-Med Ltd. to provide the following medical services: • Pre-employment medical examinations and screenings • Post -exposure medical examinations and screenings • Fitness for duty examinations • Department of Motor Vehicle (DMV) Driver's License physical examinations • Certain Department of Transportation (DOT) related drug and alcohol examinations and screenings; • California OSHA (Occupational Safety and Health Act) occupational testing such as periodic evaluation of respiratory, audio, and chest functions as well as Hepatitis vaccinations and boosters, as needed. The current agreement expires on June 30, 2018. Staff is recommending that the City enter into a one-year agreement with Occu-Med Ltd. to continue comprehensive medical services to City employees and pre-employment employees per the attached agreement. During this time, the City will conduct a Request for Proposal (RFP) for such services. 25L-1 Approve an Agreement with Occu-Med, Ltd. June 19, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of item allows the City to meet Goal #7 -Team Santa Ana, Objective #5, (Create a culture of innovation and efficiency within the organization), Strategy E, (Identify best practices and opportunities for process improvement and automation across City departments in order to provide effective and efficient delivery of City services to the community.) FISCAL IMPACT Funds are budgeted and available in the various departmental Contractual Services - Professional accounts (no. 62300). The estimated amount of expenditures in FY 2018-2019 is $115,000. Human Resources Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez- Executive utierrezExecutive Director�"� Finance and Management Services Agency Exhibit: 1. Agreement between the City and Occu-Med Ltd. 25L-2 AGREEMENT WITH OCCU-MED TO PROVIDE MEDICAL SERVICES THIS AGREEMENT is made and entered into this 19' day of June, 2018 by and between Occu-Med, Ltd., a Delaware corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill special skill, knowledge and expertise in the field of providing a fully comprehensive and legally defensible medical services review program including, but not limited to: pre-employment assessments, drug tests, fitness for duty exams, and medical review officer. B. Consultant represents that Consultant is able and willing to provide such services to the City. Consultant has been providing these services to the City since 2015. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall organize, schedule, manage, and/or evaluate a comprehensive range of medical services and examinations, as set forth in Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement shall not exceed $100,000. a. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2018 for a one (1) year term, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise Page 1 of 7 25L-3 discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. Page 2 of 7 25L-4 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 3 of 7 25L-5 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. L' 9 DEV -11 11 Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. Consultant shall abide by all appreciable medical privacy laws including, but not limited to, the Health Insurance Portability and Accountability Act ("HIPAA"). 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 4 of 7 25L-6 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. i[.. I I s1:1u 11M14I (IM This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection Page 5 of 7 25L-7 with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Steven Pham Executive Director, Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6930 To Consultant: Occu-Med Attn: Christopher St. George 2121 West Bullard Avenue Fresno, CA 93711 Fax: 559-435-7200 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 25L-8 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: k" F _ Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven Pham, Executive Director, Human Resource CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: By: Title: 25L-9 Page 7 of 7 EXHIBIT A SCOPE OF SERVICES 25L-10 Exhibit A City of Santa Ana Response to Request for Updated Scope of Work Submitted by: V OCCU-MED May 31, 2018 Corporate HQ - 2121 West Bullard Avenue, Fresno, CA 93711 TAX ID: #522333519 CA Corporate: #C2472806 559.435.7200 - Fax Contact: Chris St. George 559.435.2800 x207 - Telephone cstgeorge@occu-med.com www.occu-med.com 25L-11 City of Santa Ana Response to Request for Updated Scope of Work f 5/31/18 Table of Contents Page Number Company Identification COVER PAGE Organizational and Credentials Qualifications and Experience of Key Personnel Scope of Services (Technical Proposal) Work Plan Billing/Reporting 15 2 1 Occu-Med 25L-12 City of Santa Ana Response to Request for Updated Scope of Work 1 5/31/18 I. Organizational and Credentials Occu-Med's founder (now President and CEO of the company) directed a project (which eventually expended more than $2 million in cash and in-kind contributions) funded by the United States Civil Service Commission in 1976 "to develop and implement an improved system of physical and medical standards and procedures for employment." The goals of this project were: a) to ensure workers were able to safely perform the essential function of their jobs, b) reduce the costs associated with worker injuries, and c) protecting the rights of the disabled by developing a medically appropriate and legally defensible methodology for determining what medical conditions, injuries or illnesses allowed for reasonable accommodation. The Director of this project, Jim Johnson, having spent his previous two years at the County Supervisors' Association of California ("CSAC") as, among other assignments, staff to the statewide association of District Personnel Administrators, obtained a secondary grant to expand this project to include the entire state of California and to form an Advisory Group of representatives from more than thirty Counties, several Cities and various state and federal agencies enforcing the newly enacted legislation protecting the employment rights of the handicapped. Based on the original research conducted then, Occu-Med's methodology for managing employment medical evaluations was born. Occu-Med has gained a thorough understanding of employment laws and regulations over its 35 years of providing these services, and we know the importance of having a complete understanding of the physical and environmental factors that the employee will face in the workplace before a placement recommendation is made. Occu-Med has both legal and medical staff, and, because we thoroughly understand medicine, the law and the requirements of the job in question, we are able to confidently permit placement of applicants and employees who are able to safely perform the essential duties of the job with or without reasonable accommodation and are able to recommend (just as confidently) the disqualification of individuals who are unable to safely perform the essential duties of the job (again, with or without reasonable accommodation). For example, as part of our services we track, monitor and opine on updates to the Occupational Health and Safety Administration (OSHA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Health Insurance Portability and Accountability Act (HIPAA), the California Fair Employment and Housing Act (FEHA), Peace Officer Standards and Training (POST) Guidelines and National Fire Protection Associated Guidelines (NFPA) 1582 which sometimes go unnoticed by Risk Managers and ESH&S personnel, yet it is the employer who will be left to pay the bill should an applicant be tested inappropriately during a pre -placement medical exam. And just as importantly we ensure the quality of each clinic, provider, and laboratory in our medical network including: Joint Commission, State Medical Board and SAMHSA accreditation. We believe it is 3 1 Occu-Med 25L-13 City of Santa Ana Response to Request for Updated Scope of Work 15/31/18 incumbent upon Occu-Med to remain an authority in the relevant legal changes within which such employment decisions must be made. We have received numerous testimonies from our clients regarding the quality of our service. Occu-Med is open Monday -Friday 7am-6pm PT. Occu-Med maintains multiple offices throughout the United States including one in Denver, CO, Fort Worth, TX and Washington DC. Between the four (4) offices we maintain an average staff of approximately 60 employees. Correspondence regarding our or updated Scope of Work can be directed to Christopher St. George at either address listed on our cover page or by phone at: 559.435.2800 x207. Qualifications and Experience of Key Personnel/Staffing Occu-Med's Medical Director is Devonna M. Kaji M.D. Dr. Kaji graduated Magna Cum Laude from the University of California, Berkeley and the University of Hawaii, John A. Burns School of Medicine. She received her surgery training at the University of Southern California and is a Board Certified Urologist. She has served as Professor of Urology and Assistant Chief of the Department of Urology at the Children's Hospital of Los Angeles, the University of Southern California and the University of Colorado. Dr. Kaji has served on Occu-Med's Board of Directors and managed its Medical Advisory Board for more than 30 years, and she has been the Company's Medical Director for more than 20 years. She has participated in all of the Company's medical research, having met with the medical specialists and sub -specialists representing 12 separate body systems who initially formulated Occu-Med's Compendium of Medical Standards. She has continued to supervise and participate in every medical research meeting addressing the continued effectiveness and appropriateness of this Compendium of what is now termed Medical Guidelines. Dr. Kaji supervises all medical specialists currently on retainer to Occu-Med. Further, as Medical Director, Dr. Kaji oversees all medical aspects of the Company's EXAMQA program. Occu-Med's internal Team Assigned to the City's account is Team Bailey please find their contact information listed below: earn Bailey x 1.559.435.2800 Iristi-fa De-?,u?,u =WWIIII C 1 .� �-,-,u C. u.i7•- 4 1 Occu-Med 25L-14 City of Santa Ana Response to Request for Updated Scope of Work 1 5/31/18 II. Scope of Services (Technical Proposal) Occu-Med contracts with multiple medical providers throughout the Orange County area which will allow the City's applicants and employees to always attend an appointment close to his or her current job or home. This service extends beyond the City's immediate geographical area, as Occu-Med has over 5,000 medical providers nationwide, so no matter where the City is recruiting from rest -assured Occu-Med will have a clinic nearby. Currently, Occu-Med's primary network of clinics for the City of Santa Ana will consist of: Gateway Medical Associates Safeway Elevated Health Anaheim, CA Santa Ana, CA Huntington Beach, CA Work Plan A. Pre -Placement Medical Evaluations PREAMBLE QA' is the name given to Occu-Med's end-to-end solution for the scheduling and on-going review of all medical examinations for applicants or employees for jobs with the City. When applicable the same methodology outlined in this section for scheduling, tracking and reporting the results of the medical exam will be applied when scheduling annual, surveillance and fitness -for -duty exams as well. This service includes Occu-Med's review of exams, the further investigation of medical conditions identified during these exams (through the "RDQA" service --see description), the preparation of letters to applicants or employees who are determined to be Medically Disqualified for the job for which they applied or currently work-in, an analysis of Reasonable Accommodation for each individual Medically Disqualified, and the preparation of periodic (daily, when useful) production / performance / status reports. Scheduling Scheduling pre -placement, or periodic medical exams through Occu-Med could not be easier. A City representative contacts Occu-Med's Exam Scheduling Hotline or submits an Occu-Med Exam Requisition Form via e-mail, and the necessary medical exam is scheduled the same day as the referral. Occu-Med within two (2) hours of receipt of your referral will contact your applicant or employee in order to arrange a medical appointment with him or her. Upon completion of scheduling, your representative will immediately receive email confirmation of the appointment time and date, which will 5 1 Occu-Med 25L-15 City of Santa Ana Response to Request for Updated Scope of Work G 5/31/18 be scheduled to occur within 2 business days of the referral (or as directed by the City). Normally, the exam will be scheduled at: one of the local medical providers identified however, with your permission, exams could be scheduled at an alternative nearby clinic if the preferred clinic is booked out beyond acceptable time periods or if the applicant lives closer to an alternative clinic. Upon scheduling the medical exam the applicant is provided in advance all the necessary paperwork in order to complete the exam successfully. This includes a copy of Occu-Med's GINA compliant medical history forms which are used in place of the local medical providers' forms. We do this to ensure no inappropriate medical history questions are solicited as often times, clinic specific forms lack compliance as they are used for various other types of medical evaluations. Having scheduled the medical exam, and with knowledge of the length of time required to obtain results from the medical testing included in the exam (i.e., PPD test for tuberculosis takes 48 to 72 hours for results), Occu-Med contacts the medical provider to request, or "harvest," the exam at the absolute earliest time that it should be ready for review. This service has cut exam turnaround time for our clients in half in almost every case. Thus, eliminating a clinic from "holding" an exam until they have staff that can fax or email the results. Occu-Med commits to submitting a Medical Exam Summary Report to the City on the same day the complete medical exam is received (provided it is received before 4:OOPM PT). EXAMQA When reviewing an exam Occu-Med combines: a) a thorough knowledge of the essential physical and environmental components of the jobs in question; b) the medical expertise to gather all necessary and appropriate medical information upon which to base safe placement, return -to -work and fitness -for -duty recommendations; and, c) extensive knowledge of the legal constraints within which such hiring decisions must be made. This aspect of our services means that Occu-Med and its medical review staff review all completed medical exams and it is Occu-Med's recommendation that is made to the City regarding an applicant or employees safe placement. This process ensures that pertinent aspects regarding a placement decision are considered and not just those in the examining physician's purview. For Conditional Qualifications (CQ), an Employment Agreement accompanies each such report. For Recommended Delayed for Qualification (RDQ), RDQA is initiated with the applicant, and the City is simply notified that the process has begun. This eliminates the possibility of disclosure of protected personal medical information that may be undesirable for the City to have received. For each Disqualification (DQ), an appropriate medical -legal 6 1 Occu-Med 25L-16 City of Santa Ana Response to Request for Updated Scope of Work ! 5/31/18 report is submitted documenting the specific justifications for the disqualification and informing the City of the requirement of a consideration of Reasonable Accommodation (a process in which we encourage the City to involve us). Periodic performance reports, addressing both clinic turnaround statistics and EXAMQA results, are available upon request. Details regarding Occu-Med's qualification recommendations are as follows: Occu-Med's Qualification Recommendations and Reports Medically Qualified — Applicant is an immediate safe placement. Conditionally Qualified - Applicant may be placed immediately but has work restrictions or accommodation as outlined on the medical restrictions and/or reasonable accommodations page of the report. The specific restrictions or accommodations are always included as part of the Conditionally Qualified Medical Exam Summary Report. Recommendation Delayed for Qualification — Applicant will be required to submit further information regarding one or more medical conditions before being placed. This process is facilitated by Occu-Med via RDQA. The applicant is contacted on the day that he/she becomes delayed and informed that he or she has 10 business days to complete the request for additional medical information (extensions of the timeframe can be granted at the City's discretion). Medically Disqualified — Applicant has been deemed medically unsuited for this job class and will not be 1p aced. Occu-Med's report outlining relevant issues will be attached. The City must consider Reasonable Accommodation for this Medical Disqualification and must determine whether such an accommodation is feasible. Recommendation Delayed for Qualification — RDQA The RDQA process is one of the most elegant and sophisticated services associated with the Occu-Med Program. When the Occu-Med recommendation is that a decision be delayed until certain medical information can be further explored (that is, when the applicant is classified as "Recommendation Delayed for Qualification"—or "RDQ"—under Occu-Med terminology), Occu-Med will submit that report as well as an additional report when the requested additional information is received and Occu-Med is able to offer a conclusive placement recommendation. Since the law permits making "further medical inquiry" into medical conditions that could pose a direct threat of injury from the performance of the job's essential 7 1 Occu-Med 25L-17 City of Santa Ana Response to Request for Updated Scope of Work m 5/31/18 duties, it is necessary to notify the applicant of the specific findings as well as the information that will be necessary to submit in order to be cleared for the job. Since City staff may not have the time or the medical expertise to contact each of these applicants to describe in detail the medical findings and to answer their questions about the medical information needed for clearance to be approved, Occu-Med staff communicates directly with these applicants. Further, there is also a growing fear by employers that they may be receiving medical information about job applicants from medical examinations in violation of state and federal laws relating to such information (specifically, when the medical condition being investigated more fully pursuant to an "RDQ" designation is found to be benign in relation to the job's essential duties). For these reasons Occu-Med has developed—and will institute as part of this contract— a service designated as "RDQA." Under RDQA Occu-Med corresponds directly with job applicants to discuss the medical findings, to answer any questions about the medical condition or the process being employed, and to describe any medical records or documentation required for clearance. Applicants will have five (5) days to respond to Occu-Med and ten (10) days to provide further information unless the City dictates the application of different time requirements. The City's staff will simply be notified that such a review has been initiated, and the City will be informed on a periodic basis (as directed) on the status of each RDQ. Then, when the requested information is submitted, Occu-Med will prepare the appropriate clearance report. Occu-Portal At the request of the City results will also be made available via an online web -based portal known as the Occu-Portal. Occu-Med will provide personnel, designated as authorized by the City, with access to the Occu-Med Portal. This web -based tool will permit designated the City's personnel to access real-time statuses of individuals referred to Occu-Med for evaluation. Additional tutorial information regarding utilizing Occu-Med's vendor portal will also be made available online should new users need training on the site. Occu-Med will also provide to the City, at its convenience, a telephonic or face-to-face walk-through of our portal features so that the City can customize which fields it wishes to have appear on the portal. Occu-Med will create vendor logins for six (6) City personnel, and more can be added at the City's convenience. Login access will be emailed by Occu-Med to the designated City representatives. It will be incumbent upon the City to notify Occu-Med should a representative change or no longer require access. Occu-Med's web -based portal utilizes individualized logins for each client contact and protects 8 I Occu-Med 25L-18 City of Santa Ana Response to Request for Updated Scope of Work 15/31/18 data transmission by utilizing a 128 -bit SSL security certificate. If the City desires to utilize this service a nominal monthly charge per user will be applied (see Exhibit Q. As part of Occu-Med's services Occu-Med serves as the custodian of records for all medical records for our clients. Occu-Med maintains this information in a HIPAA compliant softcopy that is available to the City with a one (1) -business day request. B. DOT MANDATED ALCOHOL AND DRUG TESTING SERVICES Drug screening at many clinics is "hit or miss." Additionally, if a Medical Review Officer (MRO) is ever required, that service is subject to a separate fee. And, finally, many issues that arise are beyond the experience of the clinic to address (i.e., dilute negative tests and shy bladder). Occu-Med has developed a national program that manages all such drug screening issues for its clients, including assisting in the development of drug screening programs and procedures, pursuant to CFR Title 49 Part 40. Further, due to our national purchasing power, we are able to offer attractive pricing with no add-on charges for MRO services. Further, we are readily available to address any issues in this area that arise this service will be substituted for the clinic's typical program, ensuring compliance for the DOT drug screen program. Urine Collections Occu-Med along with selected medical clinics on our network are able to provide the City a comprehensive solution for collecting DOT urine drug screens and BAT in compliance with CFR Title 49, PART 40. Collection sites where the DOT collections can be performed are located in Occu-Med clinic network and available throughout the City and Orange County, and more will be added based on where the City identifies the need to have locations for post -accident and after-hours testing. Only Certified Specimen Collectors having received the CFR Title 49, PART 40.213 Training will be used for these collections. All urine results will be sent to MEDTOX Laboratories for confirmation. Medtox is SAMHSA certified (Federal Register/Vol. 79, No. 27/Monday, February 10, 2014/Notices), and is able to conduct 9 1 Occu-Med 25L-19 City of Santa Ana Response to Request for Updated Scope of Work 15/31/18 confirmatory tests using the split -specimen regulations and MRO confirmation. These results are typically available within 48-72 hours, with up to 72 additional hours needed if MRO confirmation is required pursuant to a DOT requirements for a positive finding using GCMS confirmation. When MRO confirmation is required the City will be notified of the delay. Breath Alcohol Collections For BAT confirmation only EBTs on the NHTSA CPL for evidential devices that meet the requirements of CFR Title 49, PART § 40.231 (b) will be used to conduct alcohol confirmation. These results will be immediately available to the City. C. COMERCIAL DRIVER PHYSICAL EXAMINATIONS Pursuant to 49 CFR § 391.41 Department of Transportation Physical Qualifications and Examination of Drivers Motor Carrier Safety Regulations, a DMV medical exam will be administered. A Department of Motor Vehicles Medical Examiners Certificate per 49 CFR 391.41-49 will be prepared by the examining medical provider and will be given to the employee with a copy emailed by Occu-Med to the City's Human Resources Department. Pursuant to the May 19, 2014 revisions to the Federal Motor Carrier Safety Regulations Occu-Med will ensure all medical providers conducting DOT exams are certified on the National Registry. As required, Occu-Med will also schedule ancillary required commercial driver components including but not limited to: DMV DL 51 Medical Examination Report requirements and Audiometric baseline per CCR Title 8 § 5097 (audiogram an to assess hearing between 500hz-6000hz). Information will be recorded in accordance with CCR Title 8 § 5097. D. FITNESS -FOR -DUTY EXAMS Intensive Return -To -Work Program (IRTW) Occu-Med, through its Fitness -For -Duty (FFD) and Intensive Return -To -Work (IRTW) Programs, focuses on delivering employer -oriented analysis regarding injured or disabled employees. Occu-Med has been an industry leader in employee health solutions for over 36 years, and, through its IRTW division, its medical and legal expertise is concentrated to provide employers with a valuable perspective on evaluating whether or not an employee, as a result of an injury or medical condition, can continue to 10 1 OCCU-Med 25L-20 City of Santa Ana Response to Request for Updated Scope of Work 9 5/31/18 perform the essential functions of a job with or without reasonable accommodation Occu-Med's IRTW Program will provide the City an effective method of managing the possible return to work of employees who require a medical leave of absence due to injury or medical conditions, as well as an Americans With Disabilities (ADA) and Fair Employment and Housing Act (FEHA)-compliant reasonable accommodation forum for engaging such employees. Occu-Med's IRTW Program is currently in use by hundreds of municipalities, water agencies and fire districts. Occu-Med is uniquely positioned to assist the City with human resources matters involving complex medical cases that require a prompt and discerning assessment of the medical factors that may constitute a contraindication to an employee's performing one or more of the essential functions of the his/her job. Occu-Med's expert staff guarantees the quality and timeliness of its reports. Our experts range from physicians, nurses, and physical therapists to legal and human resource professionals. It is through our expert staff that a quality and consistent service is rendered. Occu-Med's staff and consulting physicians as well as other medical providers represent a considerable breadth in various medical fields including: Cardiology, Internal Medicine, Occupational Medicine, Family Practice, Urology, Optometry, Orthopaedic, Rheumatology, Gastroenterology, Neurology, Toxicology, Pathology, Psychiatry and Psychology, as well as a consulting audiologist. Our staff and consulting medical providers ensure that our recommendations are medically appropriate and employer oriented. Additionally, by maintaining legal staff, our clients can be confident that our recommendations are also legally defensible. Occu-Med's IRTW Program is ready to be implemented immediately as a turnkey model to the City. The program is designed to provide the client with the information necessary to make an informed decision regarding any employee's ability to safely perform the essential functions of his or her job by means of a legally defensible recommendation. The IRTW Program strategically applies Occu-Med's medical and legal expertise in order to render medical analysis and recommendations regarding the facts of an evaluation while considering the applicable laws and regulations. Thus, we also render legally defensible recommendations throughout the reasonable accommodation process. The evaluation begins with an assessment of the factors causing the need for the evaluation. This process is formally started by the submission of the requisition form. The requisition form requests the employee's contact information, a job description and other peripheral information pertinent to the employee's situation. The goals are to reduce risk through obtaining specific medical information to determine 111 Occu-Med 25L-21 City of Santa Ana Response to Request for Updated Scope of Work 15/31/18 whether or not a pertinent medical condition, injury, or medication being prescribed will affect the employee's ability to safely perform one or more of the essential functions of the job and to save time by eliminating costly delays. Obtain Medical Information Next, Occu-Med selects the appropriate physician to provide the needed medical information (this can be the treating physician or an independent specialist). Occu-Med contacts the employee by issuing an Individualized Assessment/Reasonable Accommodation Letter. The Individualized Assessment/Reasonable Accommodation Letter will introduce Occu-Med to the employee as the City's healthcare and human resources consultant and will explain that the IRTW Evaluation is an ADA/FEHA compliant reasonable accommodation process. Additionally, the letter will inform the employee of the necessary steps and information required to complete the IRTW Evaluation. The letter, to be made available to the appropriate physician or physicians designated, requests the specific, appropriate medical information that will be necessary to determine whether the employee continues to be an appropriate placement in the job, with or without restrictions. When such medical information is submitted, our medical staff evaluates it in conjunction with the essential functions of the employee's job to determine whether a contraindication to job performance exists. Recommendation Occu-Med delivers a recommendation to the City through verbal communication followed by a legally defensible written report outlining the specific process that occurred and how the recommendation was determined (all while protecting the confidentiality of all medical information that is not job related nor consistent with business necessity). The recommendation specifically advises the client of whether Occu-Med recommends that an employee should be returned to work or not returned to work. Occu-Med's recommendation is outlined in each report and is determined by the evaluation of the medical information submitted in conjunction with the review of the essential functions of the job class. The aforementioned qualifications are explained in each report along with the specifics of the case. For example, sometimes the recommendation is that the employee be retained in or returned to the job with work accommodations or restrictions. In this case, Occu-Med will provide the requested restrictions or accommodations to the client, and the client must then identify the necessary accommodations or restrictions that are reasonable, if any. Thus, the City's obligation to reasonable accommodation of the employee is met. Job assessment is completed and the employee can be returned to work in the same job if the recommended accommodations are indeed reasonable. 12 1 Occu-Med 25L-22 City of Santa Ana Response to Request for Updated Scope of Work 15/31/18 In the event that the restrictions or accommodations aren't reasonable, the client must then determine if an alternate job, for which the employee is otherwise qualified (retains the necessary knowledge, skills and abilities), exists and is presently vacant, allowing the employee to return to work with the City under a new job title. If alternative job placement is not available, the client now has legally defensible documentation to justify that the proposed accommodations are unreasonable. Occu-Med's report (Med- Legal Analysis) integrates the functional limitations of the employee and the legal and practical ramifications regarding the agency's ability to accommodate the employee's restrictions or the legally appropriate path for terminating the employee. Occu-Med considers all the relevant factors of the case before rendering a medically appropriate and legally defensible job suitability recommendation. In cases where the employee is unresponsive to Occu-Med's correspondence a report documenting the attempts to contact the employee and the employee's failure to engage in the reasonable accommodation process will be provided to the City. With the City's approval, a Notification of Medical Disqualification (Failure to Engage in the Reasonable Accommodation Process) letter will be sent to explain to the employee that his or her lack of response to the Individualized Assessment/Reasonable Accommodation invitation constitutes his or her failure to engage in the reasonable accommodation process. This letter may also be used in the case that the employee's medical condition is a contraindication to job placement and no reasonable accommodation could be made. Occu-Med's IRTW Report and recommendation will allow the City to make an informed, legally defensible decision as to whether or not an employee should be returned to work. E. Occu-VAX Occu-VAX is the scheduling and coordination, immunization record management and the on-going management of all immunization and chemoprophylaxis treatments for applicants and employees for jobs. This service includes an individualized evaluation of each applicant / employee to assess the appropriateness and necessity for administering the immunization and chemoprophylaxis treatments outlined in the specific Occu-VAX Profile prior to and, when appropriate, during employment. Scheduling and Coordination: Upon completion of the medical evaluation or concurrently by requirement or request from a designated City employee, Occu-Med will promptly contact applicants / employees to: a) assess the appropriateness and necessity for receiving immunization and 13 1 Occu-Med 25L-23 City of Santa Ana Response to Request for Updated Scope of Work 5/31/18 chemoprophylaxis treatments, and b) schedule and coordinate the administration of those immunization and chemoprophylaxis treatments deemed appropriate and necessary prior to and during employment. Immunization Record Management: Applicants and employees will be given an immunization record (documentation of immunization history) upon completion of: a) initial administration of immunization and chemoprophylaxis treatments; or b) an assessment concluding that no immunization or chemoprophylaxis treatments are necessary. Immunization records for all applicants and employees evaluated will be maintained electronically by Occu-Med. In the event an applicant for employee declines an immunization Occu-Med will obtain the appropriate declination from the individual. On -Going Immunization Management: All immunization and chemoprophylaxis treatments recommended by NFPA, POST or the CDC will be managed by Occu-Med. This service includes tracking to assure compliance with the CDC, in addition to other applicable guidelines; notification of employees and designated supervisory personnel of all periodic follow-ups associated with immunization and chemoprophylaxis treatments; and, upon request, preparation and provision of customized tracking reports documenting any aspect of the immunization and chemoprophylaxis treatment program. Occu-VAXis a dynamic service that any employer can access, from including a Hepatitis B Titer as part of a pre -placement evaluation so that Hepatitis immunity can be immediately documented, or providing on-site flu immunizations during the flu season. Should the City elect to incorporate Occu-VAX a medical records management fee would be applied. OSHA Respirator Medical Evaluation Questionnaire review pursuant to CCR Title 8 § 5144. Occu-Med will administer OSHA Respirator Medical Evaluation Questionnaire pursuant to CCR Title 8 § 5144 to the applicant once the referral is received. Occu-Med can either use the City's form, or the Cal/OSHA form. These forms will be provided to the applicant electronically. Once returned to Occu-Med the OSHA Respirator Medical Evaluation Questionnaire is reviewed by one of our physicians or other licensed health care professional (PLHCP). When necessary, the applicant or employee will undergo a Pulmonary Function Test Occu-Med requires that three (3) blows be taken with the best result becoming the medical record. Additional Annual Physicals Based on coordination with the City Occu-Med is able to provide those physical and associated medical exam components as well. These physicals would be scheduled and coordinated much the same way as described in the Pre -Employment Physical Exam section of the document. Occu-Med and the City would 14 1 Occu-Med 25L-24 City of Santa Ana Response to Request for Updated Scope of Work ' 5/31/18 need to coordinate on the appropriate reporting channel for results in order to ensure only information that is job related and is consistent with business necessity will be shared with the City. Occu-Med is prepared to expertly advise the City on the matter. F. BILLING AND REPORTING Occu-Med maintains a database of all exams that we review, and we have done so for the City's evaluations since 2015, Occu-Med has regularly provided the City with an annual report documenting the results of our work. Clinic performance reports documenting accuracy and turnaround times for exams are also available to our clients upon request. Occu-Med will work with the City to establish what specific information the City wishes to receive in each report. As documented in our May 1, 2018 correspondence to the City Occu-Med is able to maintain our fees at the current rate for the 1 -year extension to our contract (fee schedule enclosed). EXAMQA Report Fee Our EXAMQA services consists of our customary review fee which includes the following: • Scheduling of each medical exam • Tracking each medical exam for applicant/employee attendance • Harvesting all medical exam results from the clinic • Occu-Med Medical Network allowing City applicants to be seen anywhere in the United States • Review and evaluation of completed medical examinations with results sent to you on the same day that the exam is received • Written reports for each review undertaken for each applicant • Employment Agreements for any employees placed with accommodations • Additional reviews for applicants with medical or physical conditions requiring further testing or submission of additional information • Explanation (by telephone and by letter) to prospective employees of additional medical information necessary for job clearance • Submission of legally defensible hiring recommendations • Assistance with reasonable accommodation recommendations • Consultation relative to pre -placement, retum-to-work, and fitness -for -duty issues • RDQA services 15 1 Occu-Med 25L-25 City of Santa Ana Response to Request for Updated Scope of Work 15/31/18 Assurance of excellent clinic performance issues, as needed • Periodic reports documenting the results of Occu-Med's work QAzfees that the City would pay directly to the medical clinic, but without all the hassle of dealing with "MEDICAL BILLING INVOICES" Occu-Med began its Clinic Bill Review service in 2006 as part of its service to ITT, a company charged with deploying employees to Iraq, Kuwait, Qatar and Afghanistan for various major federal projects in that region. We have evaluated more over 100,000 clinic invoices for pre -placement exams over this span of time and have been absolutely appalled at our findings: a) more than 92% of these clinic invoices were initially submitted with inaccuracies (wrong charges for tests not performed, charges for unnecessary testing performed, duplicate billings); and b) much worse is the fact that nearly all of the incorrect invoices were inaccurate in favor of the clinic. Occu-Med requires the submission of an accurate invoice for payment—at which point we immediately submit payment to the clinic. We submit our invoice to the City as a single fee (as negotiated) for an exam— as the City's request our invoice will also include a list of itemized charges, however, the charges will always add up to the pre -agreed negotiated fee. Clients have informed us that this "bill review" service alone has literally saved days of staff time. Another client, upon learning of this billing trend, audited the previous year's invoices and was able to obtain a refund of more than $3,000 for exams performed. On the first day of each month, Occu-Med will submit an invoice to the City for the prior month's medical services and examinations. Our invoices will be itemized by the date of service, name of person examined, type of physical performed, itemized charges for each type of physical (if applicable), a subtotal for each person examined, and a total of charges for the month being billed. Our knowledge of the precise medical exam components that are of value for each specific job class (eliminating useless, improper and overly expensive medical tests), our ability to negotiate fair and reasonable charges from providers for medical exams, our national buying power for laboratory services (blood chemistry panels and urine drug screens), and our careful auditing of clinic and laboratory charges allow us to offer a vastly expanded array of services to our clients for fees typically charged by their medical provider for just the medical examination and laboratory charges. Occu-Med will in -turn be able to continue to submit clear and straightforward monthly invoices to the City. This stands in contrast to the amorphous and often incorrect invoices typically submitted by clinics. 16 1 Occu-Med 25L-26 City of Santa Ana Response to Request for Updated Scope of Work ! 5/31/18 INSURANCE Occu-Med provided the necessary insurance information to the City in our May 2, 2018 correspondence (also attached herein). Thank you for the opportunity to provide the City an updated Scope of Work, we look forward to hearing from you. Proposal Respectfully Submitted By: Christopher St. George Business Development Director 17 1 Occu-Med 25L-27 EXHIBIT B COMPENSATION (RATES) 25L-28 _ / k \ } & 2 25L-29 � !■;#!!B «>;#;a ■ °araa« ! !« \`�` ;! a ; E4; -.i;- ,«...,.,,«...�,.).>««,...,,,\,\,§)),iii !!!\;;!!!!«««!!« \ \ \\ E { ; k 4 ; ...............j------..-,�].\,�!]|..,< >t�{§}}�; » `! )\ 64 U\/`!.;}:!!!t !&e& {!!!! !!!fJ 25L-29 25L-30