HomeMy WebLinkAboutItem 18 - Pre-Employment Medical ServicesHuman Resources Department
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Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Pre -Employment Medical Services
TITLE
Approve an Agreement with Occupational Health Centers of California, a Medical
Corporation dba Concentra Medical Centers ("Concentra") for Pre -Employment Medical
Services
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Concentra to provide a
comprehensive medical services review program in an amount not to exceed $450,000
for a three-year term from January 31, 2024 through January 30, 2027, with the option
for the City to grant up to two 1-year renewals of $150,000 each additional year, in an
amount not to exceed $750,000 over a five-year term. (Agreement No. A-2024-XXX)
GOVERNMENT CODE 484308 APPLIES: Yes
DISCUSSION
As an employer, the City maintains a comprehensive medical services review program
and utilizes a qualified vendor to provide pre -employment medical screening services. A
Request for Proposals (RFP) for these services was posted on July 12, 2023. The
purpose of the RFP was to identify qualified occupational health providers to effectively
coordinate, schedule, and evaluate the results of a variety of medical services such as:
• Pre -employment medical examinations and screenings;
• Department of Motor Vehicles ("DMV") Commercial Classification Driver's
License physical examinations;
• Department of Transportation ("DOT") -related drug and alcohol examinations and
screenings; and
• California Occupational Safety and Health Act ("OSHA") occupational testing
such as periodic evaluation of respiratory, audio, and chest functions, as well as
Hepatitis vaccination and boosters, as needed.
Three proposals were received and evaluated by a staff panel based on the vendors'
qualifications and experience, demonstrated knowledge of a variety of medical services,
ability to fulfill scope of work, availability and convenience of services, cost
Pre -Employment Medical Services
January 16, 2024
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competitiveness, and responsiveness to the proposal. The panel members determined
that Concentra scored the highest during the review process.
Staff recommends the approval of the agreement with Concentra to allow the City's
Human Resources Department to provide a comprehensive medical services review
program that will streamline and expedite the various medical processes required of the
City's employees.
FISCAL IMPACT
The estimated expenditures below are strictly approximations; contract authority may be
paid in its entirety during any given fiscal year, expended throughout the term of the
contract, or not spent at all. Funding for the remainder of the current fiscal year is
included in the FY 2023-24 budget. Funds for the duration of the contract period, an
aggregate amount not to exceed $750,000, will be included in future fiscal years
proposed budget for various departmental Contractual Services Professional accounts
(no. 62300) for City Council consideration.
Fiscal Year: Three Year Agreement
Estimated Total Amount
FY 2023-2024(January 31 — June 30
$75,000
FY 2024-2025 12 months
$150,000
FY 2025-2026 12 months
$150,000
FY 2026-2027 6 months
$75,000
Two -Year Renewal Option
Estimated Total Amount
FY 2026-2027 (6 months)
$75,000
FY 2027-2028 12 months
$150,000
FY 2028-2029 Jul — January)
$75,000
EXHIBIT(S)
1. RFP for Pre -Employment Medical Services
2. Agreement for Pre -Employment Medical Services
Submitted By: Jason Motsick, Executive Director of Human Resources
Approved By: Tom Hatch, Interim City Manager
REQUEST FOR PROPOSALS NO. 23-115
FOR
PRE -EMPLOYMENT MEDICAL SCREENING SERVICES
CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the
discretion of City, with appropriate notice to prospective Proposers.
Issue Date: Wednesday, July 12, 2023
Deadline for Questions: Wednesday, July 26, 2023, 4:00 P.M.
Proposal Due Date: Wednedsay, August 30, 2023, 4:00 P.M.
Presentation/Interview: Monday, September 4 - Monday, September 11, 2023
Projected Award Date: Wednesday, January 31 st, 2024
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TABLE OF CONTENTS
I.
BACKGROUND...........................................................................................................................3
II.
OVERVIEW OF PROJECT..........................................................................................................
3
III.
SCOPE OF SERVICES...............................................................................................................
4
IV.
TERM OF AGREEMENT.............................................................................................................
4
V.
MINIMUM QUALIFICATIONS......................................................................................................
4
VI.
RESPONSE TO RFP..................................................................................................................
4
VI I.
CERTIFICATIONS (ATTACHMENTS).........................................................................................
9
VIII.
REFERENCES............................................................................................................................
9
IX.
MINIMUM SCOPE AND LIMIT OF INSURANCE.......................................................................
10
X.
SELECTION PROCEDURES & CRITERIA...............................................................................
12
XI.
WITHDRAWALS........................................................................................................................13
XII.
GENERAL TERMS AND CONDITIONS....................................................................................
13
XIII.
AWARD OF AGREEMENT........................................................................................................
18
XIV.
IMPLEMENTATION...................................................................................................................
18
EXHIBITS
Exhibits provided herein for Proposers' reference only.
EXHIBIT I — SCOPE OF SERVICES
EXHIBIT 11 — SAMPLE AGREEMENT
ATTACHMENTS
A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER'S STATEMENT
D NON -COLLUSION AFFIDAVIT
E NON -LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
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I. BACKGROUND
CITY OF SANTA ANA
Incorporated in 1886, Santa Ana, a Charter City, established a Council -Manager form of
government in 1952. The City Council is composed of seven members; the Mayor elected at
large and six Council members elected by ward, who appoint the City Manager, City Attorney
and Clerk of the Council. The City of Santa Ana (City) is a full -service City with a diverse
population of approximately 335,000.
The City's eleven agencies provide all the traditional municipal services, as well as water utility,
library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County
Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions
and has an annual citywide budget is $646 million, including the General Fund budget of $316
million.
The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of
Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange
County, encompasses an area of approximately 27 square miles and is the 11th largest by
population in California.
Detailed job classifications are available online at:
https://www.governmentiobs.com/careers/santaana/classspecs
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations
(Proposers) to provide pre -employment medical screening services for its Medical Services
Review program. The City desires to implement a fully comprehensive review program, compliant
with all applicable local, state and federal laws, as an essential part of the City's objective to
provide and maintain a qualified work force.
The City is soliciting proposals from qualified medical services review providers ("Proposers" or
"Consultants") having special skill, knowledge and expertise in the field of impartial medical
evaluations to:
➢ effectively coordinate, schedule and evaluate the results of a variety of medical
examinations including:
• pre -employment medical examinations and screenings;
• post -exposure medical examinations and screenings;
• fitness for duty examinations;
• Department of Motor Vehicles (DMV) Commercial Classification Driver's
License physical examinations;
• certain Department of Transportation (DOT) -related drug and alcohol
examinations and screenings; and
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• 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.
➢ objectively discern if potential applicants or current employees are able to perform the
essential functions of the jobs for which they are being considered; and
➢ objectively discern if current employees are medically fit to return to their regular
essential functions following events such as serious injuries, exposure, or long-term
illnesses.
Consultant will ensure clinics and laboratories used are qualified to perform DOT and non -
DOT urine collection and breathalyzer testing, laboratory analysis and Medical Review Officer
(MRO) responsibilities.
The term "Vendor", "Proposer", and "Contractor" shall refer to any legal entity or entities
submitting a proposal in response to this Request for Proposals (RFP).
III. SCOPE OF SERVICES
SEE EXHIBIT I — SCOPE OF SERVICES
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s)
and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments,
including technical expertise required.
IV. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at
its discretion, extend the agreement with the same or more limited scope of required services for
two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council
approval, or City Manager or City Attorney authorization, as appropriate. The total term of the
awarded agreement shall not exceed five (5) years.
V. MINIMUM QUALIFICATIONS
A) Minimum ten (10) years' experience, under a legally registered business name, in providing
similar services in type and scope to those specified herein. Proposer must not have filed for
bankruptcy under any business name over the past seven (7) years.
B) The Medical facility and key personnel shall hold appropriate licenses for the Medical facility's
discipline and the Services on the date the Proposal is submitted.
VI. RESPONSE TO RFP
I. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been
uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required
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sections and forms, shall be submitted electronically via the City's Bid Management System,
PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will
receive an a -bid confirmation number with a time stamp from PlanetBids indicating that their
proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/i)ortal.cfm?CompanvlD=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization
of the bid management system, for ensuring the capability of their computer system to upload
the required documents, and for the stability of their internet service. Failure of the Proposer
to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief
will be given for late and/or improperly submitted proposals. Proposers experiencing any
technical difficulties with the bid submission process may contact PlanetBids at (818) 992-
1771. Questions of an operational nature may be directed to the City's assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of
assistance, or assurance that any given problem will be resolved by the bid submission
deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at
https://www.planetbids.com/portal/portal.cfm?CompanVID=20137. Proposers shall be
responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive proposal.
COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Project Coordinator(s), and no other City staff about this RFP
from the date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City's Bid Management System,
PlanetBids.
The City will not be responsible for or bound by any oral communication or any other
information or contact that occurs outside the official communication process specified
herein, unless confirmed in writing by the designated Project Manager(s).
III. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS
Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions
will be posted on PlanetBids no later than the date and time shown at the schedule of key
RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit
PlanetBids on a regular basis as responses may be posted earlier than the date above (if
applicable). No verbal requests or responses will be accepted. Significant interpretations or
clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the
deadline will be addressed via addenda to this RFP, which will be released and posted on
PlanetBids under the "Addenda/Emails" tab.
General process questions may be directed to the following:
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Megan Ornelas
Buyer
Email: MOrnelas@santa-ana.org
IV. EXCEPTIONS
Requests submitted for City's consideration of proposed terms and conditions, including
modifications to the City's RFP and/or Contract terms and conditions must be submitted by
the deadline for questions. Such requests should include an attachment in Word or PDF
format on formal company letterhead that shows the requested modifications. City may reject
or strike any requests for exceptions or additional terms and conditions related to Agreement,
RFP, and insurance and indemnification terms and conditions.
V. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on City's
PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanylD=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this
solicitation.
VI. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision,
or requirement of the RFP that the Proposer does not understand. Responses to inquiries,
if they significantly change or clarify the RFP requirements or any aspect of the procurement
process, will be forwarded by addenda to all Proposers. The City will not be bound by any
oral responses to inquiries. By submitting proposals, Proposers assert that they have fully
read the RFP and any addenda issued by the City, the proposed Contract and any other
Contract Documents, and affirm that the terms and conditions stated therein are fully
understood and are acceptable to the Proposer. Each Proposer accepts the terms and
conditions of the Contract Documents and indicates their ability and willingness to perform
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document shall be submitted to the City by the deadline
to submit requests for information or clarification/questions set forth herein.
VI I. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Colored displays,
promotional materials, photographs etc., are not necessary or desired. Emphasis should be
concentrated on conformance to RFP instructions, responsiveness to the RFP requirements,
and on completeness and clarity of content. Digital dividers and clear organization of content
and material are encouraged.
Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages
(excluding section dividers and exhibits). The page limitation includes all appendices,
attachments, and supplemental information. Additionally, SOQ must include the
following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who
can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
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Cover letter must be addressed to the following City Project Manager:
Lori Schnaider, Operations Manager
City of Santa Ana — Human Resources
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the
City as described in Section III — Scope of Services (Above).
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any
and all provisions as contained in EXHIBIT II — Sample Agreement of this RFP (if
any).
d. Firm and Team Experience
Proposal shall include a profile of the firm's experience including the following:
A general description of the firm, including size and number of employees
working directly with the City on this agreement.
ii. Firm's nearest address serving the City of Santa Ana and headquarters
address.
iii. Name and contact information of the supervising Project Manager/Principal
Agent, to be assigned to the agreement. The Project Manager/Principal
Agent shall be the primary contact person to represent your firm and will be
the person to conduct the presentation, if invited to an interview.
iv. Resumes for all key staff proposed describing relevant experience, including
Staff Physicians and Support Personnel.
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm's understanding of the
Scope of Services.
Additionally, proposed work plan shall include Proposers':
i. Anticipated approach to performing services as specified herein;
ii. Suggestions or special concerns the evaluation committee should take into
consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a
general description of the deliverables, implementation plan, and timeline.
f. Facilities: Describe the medical facility(ies) in terms of proximity and access to the City
of Santa Ana. Square footage, number of treatment rooms, and privacy should be
addressed within this description.
g. Scheduling: Indicate current hours of operations, appointment and walk-in availability,
and average patient waiting times. Procedures for after-hours and urgent medical care
must be addressed.
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Equipment and Services: Describe in detail the types of testing equipment and
services the facility provides onsite and offsite, including x-ray, spirometry, audiometry,
vision testing, EKG, immunizations and laboratory. Include the scope of services
available, the Technician's training and qualifications, and the methods employed to
assure proper supervision and quality control. Also specify which tests, if any would
need to be conducted off -site and how off -site services are coordinated, including
additional waiting periods.
i. Communication and Feedback: Describe the methods you use to ensure the City shall
receive timely verbal and written communication regarding examination results.
Indicate the average turnaround time for pre -employment medical examination results.
Privacy Interests: Describe provider/facility compliance with HIPPAA as applicable.
Describe procedures in cases of subpoenaed medical records.
Disabled Candidates: Describe provider/facility knowledge of pre -employment fitness
laws and requirements as they pertain to the hiring/accommodation of disabled
candidates.
Examples of pre -employment placement medical evaluation and results report and
similar reports currently utilized for Proposer's government customers.
m. References: Attachment B — References shall be submitted for similar projects
performed for state and/or similar government clients.
2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing
instructions should be clearly defined to ensure fees proposed can be compared and
evaluated. Cost Proposal must include a payment schedule if applicable. City reserves
the right to negotiate compensation and/or payment schedule prior to award of any
resulting agreement. The following information must be included in each proposal:
Specify the cost for each type of test/examination/medical treatment components below.
1. Audiogram
2. Back X-ray
3. Blood Lead Level ZZP
4. Blood screens — 7 panel drug screen
5. Blood chemistry profile (SMA 24 or equivalent)
6. Complete blood count (CBC w/diff)
7. Chest X-ray
8. DMV Physicals
9. Electrocardiogram
10. Hepatitis "A" blood screen
11. Hepatitis "B" blood screen
12. Hepatitis "B" booster
13. Hepatitis "B" titer
14. Hepatitis "B" Vaccine
15. Hepatitis "A" Vaccine
16. Hepatitis "C" blood screen
17. HIV blood screen
18. Pulmonary function test
19. Respirator Fit test
20. Respirator Physical
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21. Respirator Questionnaire if PX is not required with clearance
22. TB test
23. Urinalysis:
• Urinalysis with microscopy (UA w/micro)
• Urinalysis with dipstick (Dipstick UA)
24. Court Proceedings: Specify the proposed fee for testifying in court depositions or
other court proceedings. Indicate whether the fee is hourly, per -candidate, or part of
an annual retainer.
The City shall not provide reimbursement for travel -related expenses, mileage, parking,
lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any
other business expenses, supplies and materials related to providing services as
specified herein. Additional costs will not be considered and will not be reimbursed by the
City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the
City and if not stricken, shall be deemed invalid.
If providing hourly rate sheets, Proposer shall not include rate ranges or averages.
Proposals shall be valid for a minimum of one hundred eighty (180) days following
Proposal deadline. The cost for developing the Proposal is the sole responsibility of the
Proposer. All Proposals submitted become property of the City.
VII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms,
included in this RFP, shall be signed and included as part of the proposal submittal package:
Attachment A: Proposer's Certification and Proposal Item Pricing
• Attachment B: References
• Attachment C: Proposer's Statement
• Attachment D: Non -Collusion Affidavit
Attachment E: Non -Lobbying Certification
Attachment F: Non -Discrimination Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed
as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any commitment will be awarded pursuant
to this RFP or otherwise.
PLEASE NOTE: City will not waive notarization requirement when applicable on any
of the required attachments.
VIII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services
similar to those specified in this RFP have been performed, including contact names and
telephone numbers. Use ATTACHMENT B — References. The respondent grants permission
for the City to contact any individuals listed as references.
City may disqualify a Proposer if.
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• References fail to substantiate Proposer's description of services and
deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the
Proposer's responsibility to inform the point of contact(s) of normal City
working hours.
IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in
the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor must maintain, for the duration of its contract, insurance coverages as required by the
City.
Additionally, Contractor shall provide the following insurance coverage:
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an "occurrence" basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than $2,000,000
per occurrence. If a general aggregate limit applies, either the general aggregate limit shall
apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate
limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with
limit no less than $1,000,000 per accident for bodily injury and property damage.
• Workers' Compensation: as required by the State of California, with Statutory Limits, and
Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily
injury or disease.
• Professional Liability (Errors and Omissions) Insurance appropriates to
the Consultant's profession, with limit no less than $2,000,000 per
occurrence or claim, $4,000,000aggregate.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown
above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed by
or on behalf of the Contractor including materials, parts, or equipment furnished in connection
with such work or operations. General liability coverage can be provided in the form of an
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endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if
not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG
20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary
coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers,
officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the Entity by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this
waiver of subrogation, but this provision applies regardless of whether or not the Entity has
received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the Entity. The Entity may require
the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention. The
policy language shall provide, or be endorsed to provide, that the self -insured retention may be
satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (note — should be applicable only to professional liability, see below)
If any of the required policies provide claims -made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the
beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy
form with a Retroactive Date prior to the contract effective date, the Contractor must
purchase "extended reporting" coverage for a minimum of five (5) years after completion
of work.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to Entity before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Contractor's obligation to provide them.
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The Entity reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting
all the requirements stated herein, and Contractor shall ensure that Entity is an
additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
X. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review committee. The review committee will evaluate
proposals based on the response to the RFP, which includes adherence to outlined directions
and format, and the City evaluation criteria set forth below.
B. Proposers will be ranked by the review committee based on the following criteria:
CATEGORY
POINTS
Responsiveness to RFP
1. Proposal's compliance with the requirements of this RFP.
2. Scope of Services offered including ability to provide optional services.
3. The value to any new and/or innovative product or service suggestions or
other new ideas and enhancements.
15
Experience of Firm and Personnel
The experience, resources, and qualifications of the firm and individuals
to this account, including manager, supervisor and assigned staff.
40
-assigned
Cost of Proposal
20
Staff Availability
15
References
References that are similar in size and project scope to the City.
10
TOTAL POSSIBLE SCORE
100
C. A final score will be calculated for each submitted proposal and used to rank Proposers.
Based upon the foregoing criteria, all proposals shall be ranked by score. Only those
proposals receiving a score above 70 will be considered for award. The City reserves the
right to award the contract to any proposer(s) with a score above 70. The review committee
will evaluate proposers based on their response to the RFP and the City evaluation criteria
set forth above.
D. The City is under no obligation to accept any proposal and reserves the right to negotiate
with respondents as to fees and terms. The City may reject proposals at its sole discretion.
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If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-
responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards
in the best interests of the City after all factors have been evaluated.
The review committee will recommend the qualified Proposers to the City Council or City
Manager for award of contract, as appropriate.
E. The review committee may invite the proposers to interview. The City reserves the right to
seek additional information from any or all Proposers invited to present proposals. A final
score will be calculated for each submitted proposal and used to rank Proposers. City
reserves the right to begin negotiations and enter into a contract without holding interviews,
or further discussions.
XI. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the
proposal by providing written notice of the proposal withdrawal to the City Contact/Project
Manager. Verbal or telephonic withdrawals are not permissible.
XII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans
with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license
within thirty (30) days of selection and must provide a copy to the City projects manager or
designee prior to commencing any work in Santa Ana.
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the City. This obligation shall apply to
the Contractor; the Contractor's employees, agents, and Subcontractors associated with
accomplishing work and services hereunder. The Contractor's efforts shall include, but not
be limited to, establishing precautions to prevent its employees, agents, and Subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
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could be deemed to influence or appear to influence City staff or elected officers from acting
in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
might be perceived or represented as a conflict should be disclosed. The City reserves the
right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded
a Contract for the provision of services, the delivery of supplies, or the provision of any other
related action which is required, suggested, or otherwise deemed appropriate as an end
product of this Contract. Therefore, Contractor is precluded from contracting for any work
recommended as a result of this Contract.
E. CONTRACTOR'S EXPENSE
Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to
entering into a formal contract. Costs of developing a response to this RFP, are entirely the
responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre -
contractual expenses are not to be included in the cost proposal. Pre -contractual expenses
include, but are not limited to, preparation of the proposal, submission of the proposal and
additional information, attendance at pre -proposal conference, negotiating any matter related
to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date
of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on City sites during the
performance of work and services under this Contract.
F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor's proposal
shall be the individuals who will actually complete the work. Changes in staffing must be
reported in writing and approved by the City. The City shall have the right to require the
removal and replacement of the Contractor's Project Manager and key personnel under the
awarded contract. The City shall notify the Contractor in writing of such action. The City is
not required to provide any reason, rationale, or additional factual information if it elects to
request any specific key personnel be removed from performing services under the awarded
contract. The City shall review and approve the appointment of the replacement for the
Contractor's personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor's personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team members and staff
within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and
fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees
shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the
preparation of required items. These materials shall be made available to and as requested
by City.
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All materials, documents, data or information obtained from the City Data files or any City
medium furnished to Contractor in the performance of an awarded contract will at all times
remain the property of the City. Such data or information may not be used or copied for direct
or indirect use by Contractor after completion or termination of this Contract without the
express written consent of the City. All materials, documents, data or information, including
copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
become property of the City. Proposer information identified as proprietary shall be
maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG -FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters
relating to providing a drug -free workplace. Failure to comply with these requirements may
result in suspension of payments under the Contract or termination of the contract or both,
and the Contractor may be ineligible for award of any future City contracts.
EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City's objectives. Any attachments referenced herein
or any interpretations, clarifications or amendments subsequently posted in relation to this
RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager's attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an
Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a
Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being
notified of selection under this RFP, the City reserves the right to disqualify them without any
further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
retain the right to notify the provider of such occurrence in writing at least thirty (30) days
before the end of the current fiscal period and terminate the contract on the last day of the
current fiscal period without penalty or expense to the City.
M. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP,
they should do so on a prime sub -consultant basis. The City intends to contract with a single
firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub -consultants be offered, the Proposer shall provide the same
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assurances of competence for the sub -consultant plus the demonstrated ability to manage
and supervise the subcontracted work. Sub -consultants shall not be allowed to further
subcontract with others for work under the Agreement. The provisions of the Agreement shall
apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible
for all the actions taken by their sub -contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
N. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees,
nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for
workers' compensation or other fringe benefits of any kind through City.
O. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP,
they should do so on a prime sub -consultant basis. The City intends to contract with a single
firm and not with multiple firms doing business as a joint venture. Should the use of sub -
consultants be offered, the Proposer shall provide the same assurances of competence for
the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted
work. Sub -consultants shall not be allowed to further subcontract with others for work under
the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the
same manner as the Proposer.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
P. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, any civil or criminal litigation or investigation pending which
involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
comply with the terms of this provision will disqualify any proposal. The City reserves the
right to reject any proposal based upon the Proposer's prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failure(s) to meet contract milestones or other contractual
failures.
Q. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The
contract between the parties will consist of the RFP together with any modifications thereto,
and the awarded Contractor's proposal, together with any modifications and clarifications
thereto that are submitted at the request of the City during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these documents,
the documents shall control in the following order of precedence: the final executed contract,
the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the
awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the
final executed contract.
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Negotiations shall be confidential and not subject to disclosure to competing Contractors
unless and until an agreement is reached. If contract negotiations cannot be concluded
successfully, the City reserves the right to negotiate a contract with another Contractor or
withdraw the RFP.
R. NON -PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event
of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
S. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced
under this contract by the Contractor. All documents, reports and other incidental or derivative
work or materials furnished hereunder shall become and remains the sole property of the City
and may be used by the City as it may require without additional cost to the City. Contractor
shall provide the City copies of documents upon its request at any time. None of the documents,
reports and other incidental or derivative work or furnished materials shall be used by the
Contractor without the express written consent of the City.
T. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while
providing services and conducting business with the City.
U. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where
Contractor is performing work, but shall be responsive only to the requests of the City's
Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or
designee.
Contractor acknowledges that City locations consist of public -use facilities and recognizes
the obligation to ensure Contractor personnel and agents maintain the highest level of
professional standards in attire, decorum, and interaction with the public and City personnel.
V. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
W. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
X. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
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Y. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identified as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
Z. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed
after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
XIII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful
negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer"
will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The
term of the agreement will begin after the agreement is fully executed, and all required bonds,
insurance documents and contents of the payment information packet have been received
and approved.
XIV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of
services or at any time as required by the City, to discuss and agree on operational issues
including transition of services and scheduling.
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EXHIBIT I
SCOPE OF SERVICES
Consultant shall perform services as set forth below:
GENERAL REQUIREMENTS
Consultant shall be an independent contractor capable of providing experienced, knowledgeable,
licensed and professional staff. Consultant shall be responsive and maintain excellent working
relationships with City residents, businesses, government officials and City staff. Consultant shall provide
adequate staffing levels at all times and adhere to established schedules.
Consultant shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes,
including but not limited to the Americans with Disabilities Act (ADA), the Health Insurance Portability and
Accountability Act (HIPAA), the Federal Motor Carrier Safety Administration (FMCSA) rules and
regulations, the U.S. Department of Transportation (DOT) rules and regulations, and the California Public
Records Act (Cal. Govt. Code Sections 6250 et seq.)
DESCRIPTION AND SCOPE OF SERVICES
A. The City of Santa Ana is issuing this RFP for a medical services review program; such program to
include organizing, scheduling, managing, and/or evaluating a comprehensive range of medical
services and examinations, including but not limited to:
1. For prospective and current City employees to perform the duties of the position for which they
are being considered (pre -employment assessments), using pre -determined medical protocols
for each job classification such protocols may be modified by the physician, in consultation with
the City's Executive Director of the Human Resources Department, or his/her designee, as is
necessary to make a determination as to suitability for employment;
2. For current City employees being considered for employment in DOT and non -DOT positions
requiring pre -placement or pre -assignment drug screens;
3. Fitness for Duty examinations (industrial and non -industrial), and provide reports and
recommendations regarding the suitability of current employees to continue to perform their
duties;
4. Urine and breath specimen collection, laboratory analysis and Medical Review Officer (MRO)
responsibilities;
5. DMV Driver's License physical examinations;
6. DOT -mandated drug and alcohol testing of employees considered `safety sensitive' as defined
under DOT regulations and City policy. Consultant shall ensure all such testing complies with
DOT testing procedures as per 49 CFR, Part 40; such testing to include pre -employment and
pre -assignment.
B. City shall be responsible for the organization, scheduling, and management of DOT and non -DOT
random and reasonable suspicion drug and alcohol testing, and DOT post -accident drug and alcohol
testing. Consultant shall evaluate results of said testing, in accordance with the provisions of the
Agreement and relevant laws and regulations.
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C. Consultant shall ensure clinic(s) used for DOT -related drug and alcohol testing maintain a current
valid contract with a Substance Abuse and Mental Health Services Administration (SAMSHA)-
certified laboratory that is agreed upon with the City of Santa Executive Director of Human
Resources throughout the entire term of the awarded agreement, including any extension periods.
Consultant shall ensure turn -around time from specimen collection to obtained test results shall be
a maximum of three (3) working days for a negative test, and a maximum of five (5) working days
for a positive test.
D. As part of the medical services review program, Consultant shall:
104
9
0
7.
8.
9.
10
11
12
13
14
Analyze current job classification specifications and make recommendations for the City's use
in the pre -employment medical examination and drug testing process, random drug screen
inclusion for safety sensitive positions inclusive of Department of Justice (DOJ) regulations, and
occupational injury medical examination for return-to-work/fitness for duty.
Provide training to Human Resources personnel in administration procedures of Consultant's
medical services review process.
Communicate with City Human Resources staff regarding applicants' or employees' progress
throughout the medical services review process.
Communicate directly with applicants and City Human Resources staff throughout the pre-
employment or pre -assignment process in regard to results and medical conditions as
ascertained through the medical or physical examinations.
Provide an electronic final report in a format established by City Human Resources staff at its
sole discretion, outlining each candidate's pre -employment placement medical evaluation and
results.
Provide quarterly electronic activity reports, in a format established by Human Resources in its
sole discretion, on the nature and number of examinations conducted, including but not limited
to results and final dispositions.
Provide a detailed quarterly explanation and summary of charges incurred.
Provide all quarterly and annual summaries as required under the DOT.
Provide consultation as needed to Human Resources staff regarding medical services provided
and outlined in the Agreement.
Consultant solely shall review all pre-employment/pre-placement medical evaluation services
and maintain records, pursuant to the Agreement, in accordance with State and Federal laws,
or as otherwise reasonably required by the City, and to the fullest extent permitted by law.
Consultant agrees to permit duly -authorized agents and employees of the City to review such
records.
Consultant shall maintain all books, documents, papers, accounting records, and other
evidence pertaining to the fee paid under this Agreement. Consultant will make materials
available at their offices at reasonable times and notice, during the period of the Agreement and
for three (3) years after date of final payment under the Agreement for inspection by the City or
by any other governmental entity or Department participating in the funding of the Agreement,
or any authorized agents thereof.
Consultant's documents shall not be used, duplicated, or disclosed to any other third party
without written permission from the City, unless such disclosure is required by law. Consultant
shall not be required to create or maintain books and records not required in the ordinary course
of Consultant's business operations, nor will the Consultant be required to disclose any
information, including but not limited to product cost or pricing data, which Consultant considers
confidential or proprietary.
Any Agreement changes which are mutually agreed upon by and between the parties shall be
incorporated in written amendments to the Agreement.
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15. If the circumstances on a particular hearing and/or court proceeding warrant the presence of a
competent and knowledgeable representative of the Consultant, in the sole discretion of the
City, City will request and contractor shall provide such representative, at no additional cost to
City.
E. Additionally, as part of the medical services review program, Consultant shall:
1. Maintain a network of qualified and trained medical providers and medical specialists for
necessary exams;
2. Orient City staff in the legal/medical/risk management and human resources aspects of
Consultant services;
3. Communicate directly with applicants to obtain the confidential medical information that is
needed for clearance for a particular job;
4. Manage all bill review functions for the medical exams performed by clinics; and,
5. Provide access for City staff to Consultant's tracking system.
F. Depending on job classification, pre -employment, and pre -assignment medical examination
components may include:
1. job profile review;
2. review of medical history;
3. check vital signs;
4. detailed vision exam, including check of near/far/peripheral vision, Ishihara 14 and primary
color;
5. audiogram (if classification has specific occupational noise exposure or critical hearing
demands);
6. chest x-ray;
7. EKG or treadmill stress EKG;
8. Spirometry;
9. chem panel 20;
10. CBC w/diff;
11. dipstick UA, or UA w/Micro (to lab);
12. venipuncture & collection.
G. Individual medical exams, such as post exposure, fit for duty, or others, may include one or more of
the following:
1. Audiogram
2. Back X-ray
3. Blood Lead Level ZZP
4. Blood screens - 7 panel drug screen
5. Blood chemistry profile (SMA 24 or equivalent)
6. Complete blood count (CBC w/diff)
7. Chest X-ray
8. DMV Physicals
9. Electrocardiogram
10. Hepatitis "A" blood screen
11. Hepatitis "B" blood screen
12. Hepatitis "B" booster
13. Hepatitis "B" titer
14. Hepatitis "B" Vaccine
15. Hepatitis "A" Vaccine
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16. Hepatitis "C" blood screen
17. HIV blood screen
18. Pulmonary function test
19. Respirator Fit test
20. Respirator Physical
21. Respirator Questionnaire if PX is not required with clearance
22. TB test
23. Urinalysis with microscopy (ILIA w/micro)
24. Urinalysis with dipstick (Dipstick UA)
III. IMPLEMENTATION
Upon award of the Agreement, City shall work with Consultant to develop effective implementation
protocols to ensure Services commence on January 31, 2024.
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EXHIBIT II
SAMPLE AGREEMENT
CONSULTANT -AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this
, ("Consulta
Ana, a charter city and municipal corporation organized and existing under the Con4,
of California ("City").
RECITALS
The City desires to retain a Consultant having special skill and
B. Consultant represents that Consultant is able and willing to
In undertaking the performance of this Agreement,
and that any services performed by Consultant
such standards as may reasonably be expect
NOW THEREFORE, in consideration of the
conditions hereinafter set forth, the parties agr.
1. SCOPE OF SERVICES
Consultant shall perform*iingmaterials, tools, equipment, and
described and set forth in Scope
2. COMPENSATION
3
to grant up
unless tern
4
edge in the field
by and between
he Ck of Santa
lahe State
rdgeable in its field
d in compliance with
in the field.
promises, and subject to the terms and
'M tasks and obligations including all labor,
to fully and adequately complete the services
Preto and incorporated by reference.
to accept as total payment for its services for City, the rates
- Exhibit II. The total annual sum to be expended under this
75,000.
made vMhin forty-five (45) days following receipt of proper invoice evidencing
to City accounting procedures. Payment need not be made for work which
s of performance set forth in the Recitals which may reasonably be expected
Mall commence on January 31, 2024 for a three (3) year term with the option for the City
(1) year renewals, exercisable by a writing by the City Manager and the City Attorney,
in accordance with Section 15, below.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant
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
23-115 Pre -Employment Medical Screening Services Page 21 of 34
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CITY OF SANTA ANA
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy,
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
drawings, estimates, and other documents or works of authorship fixed in any tangible
including but not limited to, physical drawings or data magnetically or otherwise record
which are prepared or caused to be prepared by Consultant under this Agree
Consultant shall require all subcontractors to agree in writing that City is granted -e.
license for any Documents & Data the subcontractor prepares under this Agreement.
warrants that Consultant has the legal right to license any and all Documents & Data.
representation and warranty in regard to Documents & Data which were provided to Cons
shall not be limited in any way in its use of the Documents and Data at any time, provided
within the purposes intended by this Agreement shall be at City's soleAL
6. INSURANCE
Contractor shall procure and maintain for the duration%reXentatfiv
to persons or damages to property which may arise fro
hereunder and the results of that work by the Contractor, ent
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (C
"occurrence" basis, including products
personal & advertising injury with limits n
applies, either the general aggregate limit
09 or 25 04 05 09) or thejJQ6g:1aggrega
2. Automobile Liability:"anerty
owned autos, covering hireper accident for bodily injury
4. Professional
with limit no less
pRrEurwiraintains
II be entitled to the
Additional lnsured s
The City, ' fficials, employees, and volunteers are to be covered as additional insureds on the
CGL policy ect to liability arising out of work or operations performed by or on behalf of the Contractor
including materials, parts or equipment furnished in connection with such work or operations. General liability
coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO
Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions
used).
Primary Coverage
use, odify, reuse, or
s ations, studies,
ofexpression,
Ocr
ompute diskettes,
`Docume Data").
><clusiv perpetual
sult presents 0aiiLdmakes noby the Ci
t v su e not
rIms for injuries
ance of the work
or subcontractors.
es Office Form CG 00 01 covering CGL on an
ations, property damage, bodily injury and
,00 , er occurrence. If a general aggregate limit
epara to this project/location (ISO CG 25 03 05
twice the required occurrence limit.
01 Mering any auto (Code 1), or if Contractor has no
ied autos (Code 9), with limit no less than $1,000,000
by the State of California, with Statutory Limits, and Employer's
6$1,000,000 per accident for bodily injury or disease.
missions): Insurance appropriate to the Contractor's profession,
;urrence or claim, $2,000,000 aggregate.
er coverage and/or higher limits than the minimums shown above, the City requires
Jer coverage and/or higher limits maintained by the contractor.
contain, or be endorsed to contain, the following provisions:
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For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance coverage
at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess
of the Contractor's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, a with notice to
the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any i r of /a)
ctor may
acquire against the City by virtue of the payment of any loss under such insurance. Co rtainendorsement that may be necessary to affect this waiver of subrogation, but this proverdle
whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the C
purchase coverage with a lower retention or provide proof of ability to
administration, and defense expenses within the retention. TFjm
provide, that the self -insured retention may be satisfied by
Acceptability of Insurers
Insurance is to be placed with insurers authorized to c'
of no less than A:VII, unless otherwise acceptablQ to t
Claims Made Policies
If any of the required policies provide claims-
1. The Retroactive Date must be s
work.
2. Insurance must be maintain(
completion of the contract of
3. If coverage is can
Retroactive Date prA
for a minimum of five
Verification of Covera
Contractor shall furnish
policy,hddNibeffectii
Special Risks or
City resery the
experience
e City may require th�tractor to
s and related in esti ations, claim
shall provid be endorsed to
in or Citv
e state
current A.M. Best's rating
the contract or the beginning of contract
be provided for at least five (5) years after
-Maced with another claims -made policy form with a
the Contractor must purchase "extended reporting" coverage
rk.
Ph originaR,Iertificates and amendatory endorsements or copies of the applicable
ge required by this clause. All certificates and endorsements are to be received
work commences. However, failure to obtain the required documents prior to the
ie Contractor's obligation to provide them. The City reserves the right to require
k1l required insurance policies, including endorsements required by these
modify these requirements, inclui
)e, or other special circumstances.
7. INDEMNIFICATION
based on the nature of the risk, prior
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 Contractor, its subcontractors,
agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this
23-115 Pre -Employment Medical Screening Services Page 23 of 34
CITY OF SANTA ANA
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 ty, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal ' , damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arise _son of the terms
of, or effects arising from this Agreement. City may make all reasonable decisions with re to its rep erentation
in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's serv' re subjec ivil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Section to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful miscon f th r_ctor.
Consultant shall defend and indemnify the City, its officers, ag
any and all liability, including costs, for infringement of any United St
infringement, including costs, contained in the work product or docum
pursuant to this Agreement. -
Consultant shall keep records and invoi
Agreement. Consultant shall maintain complete i
Agreement and any services, expenditures, a
(3) years, or for any longer period required
Agreement. All such records and invoices shal
the City to examine, audit, and make transcript
pursuant to this Agreement during regular busine
documents, proceedings, and acAjh elated to
final payment to Consultant and ent.
do the work tube performed under this
ith respect to the costs incurred under this
ged to the City for a minimum period of three
to of final payment to Consultant under this
Consultant shall allow a representative of
cords and any other documents created
nsu shall allow inspection of all work, data,
Jt for a period of three (3) years from the date of
If Cons ultan from the Cit mation which due to the nature of such information is reasonably
understood to be con roprieta sultant agrees that it shall not use or disclose such information
except in the perform of ent, a urther agrees to exercise the same degree of care it uses to
protect its own informati f like' t in no event less than reasonable care. "Confidential Information"
shall include all nonpub f ion. C ential information includes not only written information, but also
inform ferred or ally, electronically, or by other means. Confidential information disclosed to either
part sidiary an gent of the other party is covered by this Agreement. The foregoing obligations of
no a and nondisclosure II not apply to any information that (a) has been disclosed in publicly available
s es; (b) is, fau he Consultant disclosed in a publicly available source; (c) is in rightful possession
o Con o tion of confidentiality; (d) is required to be disclosed by operation of law; or (e) is
in develope the Consultant without reference to information disclosed by the City.
Con'T01111111WIFovenants 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. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and
veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
23-115 Pre -Employment Medical Screening Services Page 24 of 34
(9)
CITY OF SANTA ANA
recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities
or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the Citontractor, and
supersedes any and all other agreements, oral or written, between the parties. In the eveonflict between
the terms of this Agreement and any attachments hereto, the terms of this Agreeme4:;P, his greement
may not be modified except by written instrument signed by the City and by ar tative of
Contractor. The parties agreethat any terms or conditions of any purchase ord nt that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind ornt or the On..
Each party to this Agreement acknowledges that no representations, inducements, eements,or otherwise, have been made by any party, or anyone acting on behalf of any party, whichbodied
Inasmuch as this Agreement is intended to secure the specia
not assign, transfer, delegate, or subcontract any intere/herany such assignment, transfer, delegation or subcontracnull and void. Nothing in this Agreement shall be consimit
which are the subject to this Agreement performed bynel
This Agreement may be terminated by,
event, Consultant shall be entitled to receive
performed by Consultant prior to receipt of such
As a condition o
City all work pro
the property of the
for such purposes as
0an
Cd`hsultant may
of the City and
ll be considered
of the services
retained by City.
30) days written notice of termination
ky Consultant compensation for all
bject to the following conditions:
In such
services
irector may require Consultant to deliver to the
t, and in such case such work product shall be
nd Consultant consents to the City's use thereof
fails to meet the standard of performance specified in
16 of any condition, or any right or remedy contained in or granted by the provisions
✓e unless it is in writing and signed by the party waiving the breach, failure, right
ach, failure or right, or remedy shall be deemed a waiver of any other breach,
r not similar, nor shall any waiver constitute a continuing waiver unless the writing
Thi re as been executed and delivered in the State of California and the validity, interpretation,
performen rcement 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.
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
23-115 Pre -Employment Medical Screening Services Page 25 of 34
(9)
CITY OF SANTA ANA
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. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreemen shall be in writing
and shall be deemed to be properly given if delivered in person or mailed by first class or c d mail, postage
prepaid, or sent by fax or other telegraphic communication in the manner provided in this n, 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, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
First & Last Name
Title
Consultant Firm Name
Address
City, State,
Fax:
A party may cha is ess by�ig notice in writing to the other party. Thereafter, any communication
shall b d and tra d to the new address. If sent by mail, communication shall be effective or deemed
to h en three ( ys after it has been deposited in the United States mail, duly registered or certified,
wi stage prepaid, and a sed asset forth above. If sent by fax, communication shall be effective or deemed
to ve been ty- (24) hours after the time set forth on the transmission report issued by the
tr ittin a ine ddressed as set forth above. For purposes of calculating these time frames,
we eral, stat ounty or City holidays shall be excluded.
20. MISCELLA S PROVISIONS
ndersigned 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.
The Agreement is the final and complete agreement and any prior or contemporaneous
agreements for similar services between the parties is superseded by this Agreement. This shall
not apply where the Parties are currently engaged and Consultant is providing services not
contemplated by this Agreement.
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ate?)CITY OF SANTA ANA
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Executive Director
[INSERT] Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
23-115 Pre -Employment Medical Screening Services Page 27 of 34
(9)
CITY OF SANTA ANA
ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services
being requested as specified herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
Proposal Item Price - Pricing shall be based on the services performed, for services described in Exhibit
I. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor,
overhead, incidental supplies, travel, mileage, and fuel. Attach additional pages as needed.
PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
TYPE OF MEDICAL PROCEDURE
ESTIMATED
# OF TESTS
COST PER
TEST
ESTIMATED
TOTAL COST
LEGAL NAME OF COMPANY
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT
SIGNATURE OF AUTHORIZED AGENT DATE
PHONE AND FAX NUMBERS
TITLE
E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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CITY OF SANTA ANA
ATTACHMENT B
REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
REFERENCE
Customer Name:
Address:
Contract Amount:
Contact Individual:
Phone Number: .
EMAIL:
Year:
Description of supplies, equipment, or services provided:
REFERENCE
Customer Name:
Contact Individual:
Address: Phone Number:
Contract Amount:
EMAIL:
Year:
Description of supplies, equipment, or services provided:
RFFFRFMnF
Customer Name:
Address:
Contract Amount:
Contact Individual:
Phone Number: .
EMAIL:
Year:
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
23-115 Pre -Employment Medical Screening Services Page 29 of 34
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CITY OF SANTA ANA
ATTACHMENT C
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm
Signed and Printed Name:
Title
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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CITY OF SANTA ANA
ATTACHMENT D
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed
State of , County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by
, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
23-115 Pre -Employment Medical Screening Services Page 31 of 34
(9)
CITY OF SANTA ANA
ATTACHMENT E
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
23-115 Pre -Employment Medical Screening Services Page 32 of 34
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CITY OF SANTA ANA
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
23-115 Pre -Employment Medical Screening Services Page 33 of 34
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CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
23-115 Pre -Employment Medical Screening Services Page 34 of 34
DocuSign Envelope ID: A55F15CO-1E47-4E4E-AD3E-815FBo9Dl2D8
AGREEMENT WITH CONCENTRA MEDICAL CENTER
THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by
and between Occupational Health Centers of California, Inc., A Medical Corporation doing
business as Concentra Medical Center ("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 and knowledge in the field of
pre -employment medical examinations and screenings, post -exposure medical
examinations and screenings, fitness for duty examinations, Department of Motor Vehicles
("DMV") commercial classification driver's license physical examinations, certain
Department of Transportation ("DOT") related drug and alcohol examinations and
screenings, and California Occupational Safety and Health Act ("OSHA") occupational
testing. To that end, City released Request for Proposal ("RFP") 23-115.
B. Consultant represents that Consultant is able and willing to provide such services to the
City and submitted a proposal in response to RFP 23-115.
C. City evaluated all proposal submitted in response to RFP 23-115 based on the vendor's
qualifications and experience, demonstrated knowledge of a variety of medical services,
ability to fulfill scope of work, availability and convenience of services, cost
competitiveness and responsiveness and selected Consultant.
D. 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 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 complete the services described and set forth in Scope of Services - Exhibit A,
attached hereto and incorporated by reference.
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 Compensation - Exhibit B. The total amount
to be expended during the term of this Agreement shall not exceed $750,000 consisting
of $450,000 for the Initial Term and $150,000 for each of the optional one (1) year
Page 1 of 9
#335916v1
DocuSign Envelope ID: A55F15C0-1E47-4E4E-AD3E-815FB09D12D8
renewals.
b. The pricing set forth in Exhibit B shall be eligible for an increase of up to five percent
(5%) at the beginning of the third year and any potential option years with
communications to the City of intent to increase with at least six (6) months' notice in
writing.
c. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Consultant agree that all payments due and owing under this Agreement shall be made
through Automated Clearing House (ACH) transfers. Consultant agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Consultant's account(s) with financial institutions.
d. 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 January 31, 2024 for a three (3) year term ending
January 30, 2027 with the option for the City to grant up to a two (2) one (I) -year renewals,
exercisable by a writing signed by the Consultant, City Manager, and the City Attorney, 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 Consultant 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.
S. 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
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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
Consultant shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Consultant, its
agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit
no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily
injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's
profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or higher limits
maintained by the Consultant.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of work or operations performed by or on
behalf of the Consultant including materials, parts or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of an
endorsement to
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the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10,
CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be
primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its
officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance
and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said
Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver
of subrogation, but this provision applies regardless of whether or not the City has received a
waiver of subrogation endorsement from the insurer.
Self Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention. The
policy language shall provide, or be endorsed to provide, that the self -insured retention may be
satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide claims -made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the
beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy
form with a Retroactive Date prior to the contract effective date, the Consultant must purchase
"extended reporting" coverage for a minimum of five (5) years after completion of work.
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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or
copies of the applicable policy language effecting coverage required by this clause. All
certificates and endorsements are to be received and approved by the City before work
commences. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant's obligation to provide them. The City reserves the
right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
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 Contractor, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 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 Contractor'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 Contractor.
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.
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9. 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 snake 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 (c)
is independently developed by the Consultant without reference to information disclosed by the
City.
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. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
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13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the panties. 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 Contractor. The parties agree that any
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.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
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 Contractors retained by City.
15. 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 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.
16. 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,
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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 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. 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,
Human Resources Agency
City of Santa Ana
20 Civic Center Plaza (M-24)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
933591
Kathy T. Le, M.D. MPH
President and Treasurer
Occupational Health Centers of California, a Medical Corporation dba
Concentra Medical Centers
5080 Spectrum Drive, 1200 West Tower
Addison, Texas 75001
❑ocu5ign Envelope 0 A55F15CO-1E47-4E4E-AD3E-815FB09D12D8
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.
20. NUSCELLANEOUS 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: a41um � � 1.CU-
Laura A. Rossini
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
l�
Ramon Figueroa
CJ
Executive Director (A4- A
Human Resources Agency
CITY OF SANTA ANA
Steven Mendoza
Acting City Manager
CONSULTANT:
occupational Health Centers of California, A
Medical corporation, dba Concentra Medical Centers
D.. lBrigne by;
aAfyi'te, M.D. MPH 2 18 2023
President and Treasurer
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EXHIBIT A
SCOPE OF SERVICES
Docu5ign Envelope ID: A55F15C0-lF47-4F4F-AD3E-815FB09D12D8
E1' CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
Consultant small perform services as set forth below:
GENERAL REQUIREMENTS
Consultant shall be an independent contractor capable of providing experienced, knowledgeable,
licensed and professional staff. Consultant shall be responsive and maintain excellent working
relationships with City residents, businesses, government officials and City staff. Consultant shall provide
adequate staffing levels at all times and adhere to established schedules.
Consultant shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes,
including but not limited to the Americans with Disabilities Act (ADA), the Health Insurance Portability and
Accountability Act (HIPAA), the Federal Motor Carrier Safety Administration (FMCSA) rules and
regulations, the U.S. Department of Transportation (DOT) rules and regulations, and the California Public
Records Act (Cal. Govt. Code Sections 6250 et seq.)
II. DESCRIPTION AND SCOPE OF SERVICES
A. The City of Santa Ana is issuing this RFP for a medical services review program; such program to
include organizing, scheduling, managing, and/or evaluating a comprehensive range of medical
services and examinations, including but not limited to -
I. For prospective and current City employees to perform the duties of the position for which they
are being considered (pre -employment assessments), using pre -determined medical protocols
for each job classification such protocols may be modified by the physician, in consultation with
the City's Executive Director of the Human Resources Department, or his/her designee, as is
necessary to make a determination as to suitability for employment;
2. For current City employees being considered for employment in DOT and non -DOT positions
requiring pre -placement or pre -assignment drug screens;
3- Fitness for Duty examinations (industrial and non -industrial), and provide reports and
recommendations regarding the suitability of current employees to continue to perform their
duties;
4. Urine and breath specimen collection, laboratory analysis and Medical Review Officer (MRO)
responsibilities-,
5. DMV Driver's License physical examinations;
6. DOT -mandated drug and alcohol testing of employees considered 'safety sensitive' as defined
under DOT regulations and City policy. Consultant shall ensure all such testing complies with
DOT testing procedures as per 49 CFR, Part 40; such testing to include pre -employment and
pre -assignment.
13. City shall be responsible for the organization, scheduling, and management of DOT and non -DOT
random and reasonable suspicion drug and alcohol testing, and DOT post -accident drug and alcohol
testing. Consultant shall evaluate results of said testing, in accordance with the provisions of the
Agreement and relevant laws and regulations.
23-115 Pre -Employment Medical Screening Services Page 17 of 34
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pry
,,.!r'1' CITY OF SANTA ANA
C. Consultant shall ensure clinic(s) used for DOT -related drug and alcohol testing maintain a current
valid contract with a Substance Abuse and Mental Health Services Administration (SAMSHA)-
certified laboratory that is agreed upon with the City of Santa Executive Director of Human
Resources throughout the entire terra of the awarded agreement, including any extension periods.
Consultant shall ensure turn -around time from specimen collection to obtained test results shall be
a maximum of three (3) working days for a negative test, and a maximum of five (5) working days
for a positive test.
D. As part of the medical services review program, Consultant shall:
1. Analyze current job classification specifications and make recommendations for the City's use
in the pre -employment medical examination and drug testing process, random drug screen
inclusion for safety sensitive positions inclusive of Department of Justice (DOJ) regulations, and
occupational injury medical examination for return-to-work/fitness for duty.
2. Provide training to Human Resources personnel in administration procedures of Consultant's
medical services review process.
3. Communicate with City Human Resources staff regarding applicants' or employees' progress
throughout the medical services review process.
4. Communicate directly with applicants and City Human Resources staff throughout the pre-
employment or pre -assignment process in regard to results and medical conditions as
ascertained through the medical or physical examinations.
5. Provide an electronic final report in a format established by City Human Resources staff at its
sole discretion, outlining each candidate's pre -employment placement medical evaluation and
results.
6. Provide quarterly electronic activity reports, in a format established by Human Resources in its
sole discretion, on the nature and number of examinations conducted, including but not limited
to results and final dispositions.
7. Provide a detailed quarterly explanation and summary of charges incurred.
8. Provide all quarterly and annual summaries as required under the DOT.
9. Provide consultation as needed to Human Resources staff regarding medical services provided
and outlined in the Agreement.
10. Consultant solely shall review all pre-employment/pre-placement medical evaluation services
and maintain records, pursuant to the Agreement, in accordance with State and Federal laws,
or as otherwise reasonably required by the City, and to the fullest extent permitted by law.
11, Consultant agrees to permit duly -authorized agents and employees of the City to review such
records.
12. Consultant shall maintain all books, documents, papers, accounting records, and other
evidence pertaining to the fee paid under this Agreement. Consultant will make materials
available at their offices at reasonable times and notice, during the period of the Agreement and
for three (3) years after date of final payment under the Agreement for inspection by the City or
by any other governmental entity or Department participating in the funding of the Agreement,
or any authorized agents thereof.
13. Consultant's documents shall not be used, duplicated, or disclosed to any other third party
without written permission from the City, unless such disclosure is required by law. Consultant
shall not be required to create or maintain books and records not required in the ordinary course
of Consultant's business operations, nor will the Consultant be required to disclose any
information, including but not limited to product cost or pricing data, which Consultant considers
confidential or proprietary.
14. Any Agreement changes which are mutually agreed upon by and between the parties shall be
incorporated in written amendments to the Agreement.
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aCITY OF SANTA ANA
15. If the circumstances on a particular hearing and/or court proceeding warrant the presence of a
competent and knowledgeable representative of the Consultant, in the sole discretion of the
City, City will request and contractor shall provide such representative, at no additional cost to
City.
E. Additionally, as part of the medical services review program, Consultant shall:
1. Maintain a network of qualified and trained medical providers and medical specialists for
necessary exams;
2. Orient City staff in the legal/medical/risk management and human resources aspects of
Consultant services;
3. Communicate directly with applicants to obtain the confidential medical information that is
needed for clearance for a particular job;
4. Manage all bill review functions for the medical exams performed by clinics; and,
5. Provide access for City staff to Consultant's tracking system.
F. Depending on job classification, pre -employment, and pre -assignment medical examination
components may include:
1. job profile review;
2. review of medical history;
3, check vital signs;
4. detailed vision exam, including check of near/far/peripheral vision, Ishihara 14 and primary
color;
5. audiogram (if classification has specific occupational noise exposure or critical hearing
demands);
6. chest x-ray;
7. EKG or treadmill stress EKG;
8. Spirometry;
9, them panel 20;
10. CBC w/diff;
11. dipstick UA, or UA w/Micro (to lab);
12. venipuncture & collection.
G. Individual medical exams, such as post exposure, fit for duty, or others, may include one or more of
the following:
1. Audiogram
2. Back X-ray
3. Blood Lead Level ZZP
4. Blood screens — 7 panel drug screen
5. Blood chemistry profile (SMA 24 or equivalent)
6. Complete blood count (CBC w/diff)
7. Chest X-ray
8. DMV Physicals
9. Electrocardiogram
10. Hepatitis "A" blood screen
11. Hepatitis "B" blood screen
12. Hepatitis "B" booster
13, Hepatitis "B" titer
14. Hepatitis "B" Vaccine
15. Hepatitis "A" Vaccine
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aCITY OF SANTA ANA
16. Hepatitis "C" blood screen
17. HIV blood screen
18. Pulmonary function test
19. Respirator Fit test
20. Respirator Physical
21. Respirator Questionnaire if PX is not required with clearance
22. TB test
23. Urinalysis with microscopy (UA wlmicro)
24. Urinalysis with dipstick (Dipstick UA)
III. IMPLEMENTATION
Upon award of the Agreement, City shall work with Consultant to develop effective implementation
protocols to ensure Services commence on January 31, 2024.
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EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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aCITY OF SANTA ANA
ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services
being requested as specified herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal_
Proposal Item Price - Pricing shall be based on the services performed, for services described in Exhibit
I. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor,
overhead, incidental supplies, travel, mileage, and fuel. Attach additional pages as needed.
PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
TYPE OF MEDICAL PROCEDURE
ESTIMATED
# OF TESTS
COST PER
TEST
ESTIMATED
TOTAL COST
Audiogram
77
$40.00
$3,080
Back X-Ray
Unknown
$60.00
Per Test
Blood Lead Level ZZP
Unknown
$64,00
Per Test
Breath Alcohol Test
Unknown
$38.00
Per Test
Blood Chemistry Profile (SMA 241Equivalent)
86
$83,00
$7,138
Complete Blood Count (CBC wlDiff)
86
$55.00
$4,730
Chest X-Ray 1 View
92
$74.00
$6,808
Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers 714,288.8303 714 744-1991
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
1045 North Tustin St., Orange, CA 92867
BUSINESS ADDRESS
Kathy T. Le, MD, MPH President and Treasurer
OF AUTHORIZED AGENT TITLE
August 30, 2023 dhaubner@concentra.com (contact)
THORIZED AGENT DATE
E-MAIL ADDRESS
NA
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
23-115 Pre -Employment Medical Screening Services Page 28 of 34
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Additional Pricing
Concentra appreciates the opportunity to present our proposed fee schedule. We affirm all
information contained herein is current, complete, accurate, and remains valid for 180 days
following the date of our submittal Estimated # of tests based on T12 actual where
applicable
TB Test $39 168
Urinalysis with microscopy (UA wlmicro) $29 86
Urinalysis with dipstick (dipstick UA) $29 Unknown
Court Fee Proceedings
$250-00 per
Unknown
hour
Vision (Titmus)
$39
Unknown
Vision (Ishihara 14 panel)
$23
118
Treadmill Stress Test
$150
Unknown
Chem Panel 23
$83
86
CBC wldiff
$55
86
Venipuncture
$35
Unknown
Collection Fee
$23
2
Lipid Panel
$60
86
Physical PrePlacement
$84
365
Rapid 10 panel UDS
$95
18
Non Reg UDS 10 Panel
$75
190
Note regarding any applicable immunization services: After the first twelve months of an awarded and
executed contract, if the current market price for the above services change due to market conditions,
demand(s) and/or shortage(s), the City would be billed the then current market rate.
Docu5ign Envelope ID: A55F15CO-1E47-4E4E-AD3E-815FB09D12D8
Additional Pricing
Concentra appreciates the opportunity to present our proposed fee schedule. We affirm all
information contained herein is current, complete, accurate, and remains valid for 180 days
following the date of our submittal. Estimated # of tests based on T12 actual where
applicable
DMV Physical
$104
Unknown
Electrocardiogram (EKG)
$68
38
Hepatitis "A" blood screen
$67
Unknown
Hepatitis "B" blood screen
$67
Unknown
Hepatitis B Surface Antigen 498SB
$63
Unknown
Hepatitis "B" booster
$83
Unknown
Hepatitis "B" titer
$65
Unknown
Hepatitis "B" vaccine
$105/x3
Per shot/set of 3
Hepatitis "A" vaccine
$1451x2
Per shot/set of 2
Hepatitis "C" blood screen
$65
Unknown
HIV blood screen
$86
Unknown
Pulmonary Function Test (Spirometry)
$46
87
Respirator Fit Test
$53
Unknown
Respirator Physical
$92
Unknown
Respirator Questionnaire
$33
Unknown
Blood Screens-7 Panel Drug Screen
N/A
NIA
Note regarding any applicable immunization services: After the first twelve months of an awarded and
executed contract, if the current market price for the above services change due to market conditions,
demand(s) and/or shortage(s), the City would be billed the then current market rate.