HomeMy WebLinkAbout25F - AGMT MEDICAL SERVICESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2017
TITLE:
AGREEMENT WITH U.S. HEALTHWORKS
FOR PREVENTATIVE OCCUPATIONAL
MEDICAL SERVICES
{STRATEGIC PLAN NO. 7,6}
Cltj MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1� Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with U.S.
Healthworks to provide preventative occupational medical services for a 2 -year period expiring on
June 30, 2019, in an amount not to exceed $150,000, subject to non -substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The City maintains an agreement with U.S. Healthworks to provide preventative medical services
to employees as required by CalOSHA. Preventative services include, but are not limited to, blood
lead level testing, hearing exams, hepatitis B vaccinations, respirator medical clearances and fit
testing.
The City entered into agreement no. N-2016-070 on April 29, 2016 for a total compensation of
$25,000. The term of the agreement was extended through amendment no. N-2016-070-001 and
set to expire on June 30, 2018. Due to a recent increase in the use of services, particularly by the
Police Department for respirator medical clearances, all funds allocated through the existing
agreement have been exhausted. Additionally, on October 13, 2017, Governor Jerry Brown
declared a state of emergency regarding an outbreak of Hepatitis A. The outbreak was prevalent
in the neighboring counties of San Diego and Los Angeles. As a pro -active preventative measure,
hepatitis A vaccinations were offered to potentially exposed City staff. The offer received great
response and approximately 240 staff members have been or will be vaccinated. The Hepatitis A
vaccination requires two shots over a six-month period. The total cost of the vaccinations is
estimated at $65,000.
Approval of this recommended action will allow the City to continue to offer preventative
occupational medical services to its employees.
25F-1
Agreement with U.S. Healthworks for Preventative Occupational Medical Services
December 5, 2017
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #6 (Provide a
positive workplace environment that supports the health of its employees and celebrates its
success).
FISCAL IMPACT
Funds are available in the Liability & Property Insurance account (account no. 08009051-62300),
Workers' Compensation account (account no. 08209054-62300), and additional agency accounts
as authorized.
Fiscal Year Liability Fund Workers' Comp Fund Additional Total
08009051-62300 08209054-62300 Agency Accounts
17-18 $40,000 $40,000 $20,000 $100,006--
18-19 $20,000 $20,000 $10,000 $50,000
EdwaRaya rd
Executive Director
Personnel Services
Exhibit: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez (rb If
Executive Director
Finance & Management Services Agency
25F-2
MEDICAL SERVICES AGREEMENT WITH
U.S. HEALTEINVORKS MEDICAL GROUP
THIS AGREEMENT is made and entered into on this 5a' day of December, 2017, by and
between U.S. Healthworks Medical Group, a California professional 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. City and Consultant entered into Agreement #N-2016-070 on April 29, 2016, to provide
medical services for job related injuries and illnesses including for workers exposed to
communicable diseases.
B. The parties entered into a First Amendment to the Agreement (#N-2016-070-001) to
exercise the option to extend the agreement for one year from June 30, 2017 through June
30, 2018. The Agreement, by operation of the First Amendment, currently remains in
effect. All funds allocated to this Agreement have been exhausted.
C. On October 13, 2017, Governor Jerry Brown declared a state of emergency regarding an
outbreak of Hepatitis A. This outbreak had been also declared emergencies in neighboring
Los Angeles and San Diego counties. The City began to offer Hepatitis A vaccinations
which was met by an increased demand by Police and City staff requests for vaccinations
against Hepatitis A. The vaccinations require multiple shots over a six month period and
will benefit those City employees that work directly with or were exposed to the illness
due to the clean-up of and City services related to the Civic Center area.
D. City desires to retain the services of Consultant for the continuation of its current services,
treatment for job related injuries and to include vaccinations for City workers that could be
potentially exposed to communicable diseases, to include Hepatitis A. Consultant
represents that Consultant is able and willing to provide such services to the City.
E. Consultant was selected to provide these services based on its continuing work in
conjunction with the City's worker's compensation provider for industrial injuries and
worker's compensation claims.
F. The parties agree that this Agreement supersedes all prior understandings, agreements and
informal working arrangements between the parties and may not be amended orally, but
only by a writing duly executed by the parties hereto.
G. 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:
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25F-3
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately provide treatment to City employees suffering from an industrial injury. In
addition, Consultant will also provide preventative medical services to City employees who may
be exposed to communicable diseases per the attached Exhibit A, including vaccinations for
Hepatitis A.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit A. The total amount to be expended
under this Agreement shall not exceed $150,000.
b. 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 the date first written above and continue through June
30, 2019, unless terminated earlier in accordance with Section 14, 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 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
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25F-4
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.
d. 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
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25F-5
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. 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.
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.
8. RECORDS
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
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25F-6
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.
9. 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.
Pursuant to this Agreement, confidential medical information may be disclosed by City's
employees to Consultant. Consultant shall comply with all federal, state and local laws regarding
the privacy of medical information including but not limited to the Health Information Portability
and Accountability Act ("HIPAA").
10. 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.
11. DISCREVIINATION
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.
12. 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
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25F-7
terms 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.
13. 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.
14. TERMINATION
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 of Personnel Services 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.
15. WAIVER
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.
16. 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 with or by reason of this Agreement.
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17. 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.
18. 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 terms 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.
19. 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:
Executive Director,
Personnel Services Agency
City of Santa Ana
20 Civic Center Plaza (M-24)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5311
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (1V1-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
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Page 7 of 9
To Consultant:
U.S. Healthworks — East Edinger
Attn: Michelle Harrison, Clinic Supervisor
1619 E. Edinger Ave.
Santa Ana, CA 92705
Fax: 714-541-5313
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
Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
ED RAYA
Executive Director
Personnel Services Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
U.S. HEALTHWORKS
MEDICAL GROUP:
Name:
Title:
Tax ID
25F-10
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SERVICES and FEE SCHEDULE
25F-11
DocuSIgn Envelope ID; E03EEB4C-ODE4-4BE1-A8CMOACB3F24B10
FEESCHEOULE
TYPE OF MEDICAL PROCEDURE COST PER TEST
AUDIOGRAM
$
25,69
BACK X-RAY
$
72.00
BLOOD LEAD LEVEL ZIP
$
61.00
BLOOD SCREENS- 7 panel drug screen
$
86.00
CH95TX-RAY
$
5100
COREEXAM•
$
80.00
DMV
$
99.00
HEPABLOODSCREEN
$
50.00
H EP B BLOOD SCREEN
$
55.00
HEP 8 BOOSTER
$
100.00
HEP BTITER
$
55.00
HEP B VACCINE
$
100.00
HEPAVACONE
$
132.00
HEP C BLOOD SCREEN
$
55.00
HIV BLOOD SCREEN
$
45,00
PULMONARY FUNCTION TEST
$
70,U0
RESPIRATOR FITTEST
$
50,00
RESPIRATOR PHYSICAL (requires Pulmonary Function Test)
$
80.00
RESPIRATOR QUESTIONIAREIF PX IS NOTREQUIRED W/CLEARANCE
$
28.00
TB
$
29,00
URINALYSIS
$
15.00
URINE COLLECTION FEE
$
28.00
°Core exams are basic physicals: include vital signs, vision testing, physical exam, and urinalysis
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