HomeMy WebLinkAboutItem 12f - Professional Occupational Health Program Services
STAFF REPORT
Administrative Services Department
DATE: September 21, 2021
TO: Honorable Mayor and City Council
FROM: Hue C. Quach, Administrative Services Director
By: Cecilia Todd, Senior Human Resources Analyst
SUBJECT: AGREEMENT WITH OCCU-MED FOR PROFESSIONAL
OCCUPATIONAL HEALTH PROGRAM SERVICES IN AN AMOUNT NOT
TO EXCEED $30,000
Recommendation: Approve
SUMMARY
The City uses third-party medical assistance to provide pre-employment health
screenings and medical examinations for certain on-the-job matters. This staff report
would approve a professional occupational medical services agreement with Occu-Med
over a three-year period in an amount not to exceed $30,000 for the duration of the
contract period. During the Fiscal Year 2021-22, it is expected that the contract will not
exceed $13,000, which has been budgeted in the Fiscal Year 2021–22 Operating
Budget. The service will consist of pre-employment and annual medical examinations,
as well as Department of Transportation physicals for those employees operating a
commercial motor vehicle. Additional services will include providing first aid treatment
and ensuring medical compliance with state and federal medical requirements for
occupational licenses.
DISCUSSION
Federal, State and local laws delineate the City’s responsibilities to place individuals in
jobs they can safely perform, and to guard against unlawful discrimination during the
hiring process. To address the challenge of controlling risk in the workplace, mitigate
workers’ compensation costs, and employ people whose health and abilities are
appropriate for the job, the City must have a legally defensible medical screening
system.
Requests for proposals (“RFP”) were distributed to occupational health care providers in
the area. The RFP identified key requirements such as online tracking of medical
results, in-depth job analyses, robust reporting systems, documented administrative
procedural requirements, and a service model that provided direct communication
Agreement with Occu-Med for Pre-Placement Medical Evaluation Services
September 21, 2021
Page 2 of 2
between the vendor and the applicant. Three proposals were received and reviewed by
the selection committee based upon the scoring criteria specified in the RFP. Fees
ranged from $180-$598 per non-sworn applicant and from $460-$1,368 per sworn
applicant depending upon which medical exams are performed.
Vendor Physical Cost
Range
Selection Committee
Scoring
Concentra $598 - $1367 63
Irwindale Industrial Clinic $180 - $460 68
Occu-Med $498 - $908 86
All three vendors provided the full spectrum of pre-employment medical services
requested. Concentra had an excessive travel distance from the City to their only 24-
hour facility and offered the highest cost. The vendor that offered the lowest cost,
Irwindale Industrial Clinic received low scores in the analysis due to the overall quality of
service they have provided the City previously, such as wait times and customer
service. Occu-Med, at the middle of the range cost wise, was ultimately selected
because of their thorough evaluations using their job analysis program, for offering an
ongoing review of all medical examinations, and due to their state-of-the-art scheduling
program. Their advanced processes deliver results promptly, meet state and federal
regulations, and are legally defensible should a dispute surface regarding results.
Additionally, Occu-Med is the only vendor that offered a comprehensive job analysis
review of essential tasks in each position to ensure that specific medical tests are job-
related and consistent with the City’s needs, as well as maintaining compliance with
changes in applicable laws. Occu-Med has served over 500 public agencies and public
safety clients for over 30 years and receives positive performance ratings from clients.
Based on these factors, it is recommended that the City Council enter into an
agreement with Occu-Med.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
Occu-Med’s cost are based on the number of employees sent for their Occupational
Health Program services. The first year’s annual contract cost is not to exceed
$13,000, which has been budgeted in the Fiscal Year 2021-22 Operating Budget.
Agreement with Occu-Med for Pre-Placement Medical Evaluation Services
September 21, 2021
Page 2 of 2
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a
project and is therefore, exempt under the California Environmental Quality Act
(“CEQA”); and that the City Council approve, direct, and authorize the City Manager to
execute a Professional Services Agreement with Occu-Med for Professional
Occupational Health Program Services in the amount not to exceed $30,000 over the
three-year period, with the Fiscal Year 2021-22 contract to not exceed $13,000.
Attachment: Proposed Professional Services Agreement
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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT REGARDING
OCCUPATIONAL HEALTH SERVICES PROGRAM
This Agreement is made and entered into as of October 1, 2021 by and between the City
of Arcadia, a municipal corporation organized and operating under the laws of the State of
California with its principal place of business at 240 West Huntington Drive, Arcadia, California
91066 (“City”), and Occu-Med, a CORPORATION, with its principal place of business at 2121 W.
Bullard Ave. Fresno, CA 93711 (hereinafter referred to as “Consultant”). City and Consultant are
sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project: Occupational Health Services Program (hereinafter referred to
as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.”
2. Compensation.
a.Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B.”
b.In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $33,000. Periodic payments shall be made within 30
days of receipt of an invoice which includes a detailed description of the work performed.
Payments to Consultant for work performed will be made on a monthly billing basis.
3.Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
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4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term of Performance.
The term of this Agreement shall be from October 1, 2021 to September 30, 2024, unless
earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the
term of this Agreement if necessary to complete the Project. Consultant shall perform its services
in a prompt and timely manner within the term of this Agreement and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The
Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
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9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
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(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
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specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
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insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify,
and/or hold harmless arise out of Consultant’s performance of “design professional services” (as
that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final
adjudication that liability under a claim is caused by the comparative active negligence or willful
misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established
comparative liability of the City and shall not exceed the Consultant’s proportionate percentage
of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
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failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such
services must be registered with the Department of Industrial Relations. Consultant shall maintain
registration for the duration of the Project and require the same of any subconsultants, as
applicable. This Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Los Angeles, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
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such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
17. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Christopher St. George as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Shama Curian
Administrative Services Department
CONSULTANT:
Occu-Med
2121 West Bullard Avenue
Fresno, CA 93711
Attn: Christopher St. George
Business Development Director
and shall be effective upon receipt thereof.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
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22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
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from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND OCCU-MED
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF ARCADIA OCCU-MED
By: By:
Dominic Lazzaretto Signature
City Manager
Date: Its:
ATTEST: Printed Name
By: Date:
City Clerk
APPROVED AS TO FORM By:
Signature
By: Its:
Stephen P. Deitsch
City Attorney
Printed Name
The City of Arcadia – Response to RFP
Occupational Health Program Services
Proposal Submitted by:
August 5, 2021
Corporate HQ - 2121 West Bullard Avenue, Fresno, CA 93711
Denver Office – 1920 East 18th Avenue, Denver, CO, 80206
TAX ID: 52-2333519
State of California Corporate ID: C2472806
559.435.7200 - Fax
Contact:
Christopher St. George
559.435.2800 x207 - Telephone
cstgeorge@occu-med.com
www.occu-med.com
EXHIBIT A
SCOPE OF SERVICES
The City of Arcadia - Response to RFP Occupational Health Program Services 8/5/21
2 Occu-Med
Table of Contents
Page
I. Executive Summary N/A
II.Experience & Firm Background 3
III.Personnel 7
IV.Work Plan 11
V. Reporting 20
VI. References Addendum 1
VII. Contract Performance 24
VIII.Proposal Cost Sheet Addendum 2
EXHIBITS
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3 Occu-Med
II. Experience & Firm Background
Since 1979 Occu-Med’s primary mission has been to reduce occupational injuries. Beginning in 1976,
Occu-Med’s founder, James Johnson J.D., directed a two-million dollar United States Civil Service
Commission grant “to develop and implement an improved system of physical and medical standards and
procedures for employment.” The goals of this project were: a) to ensure workers were able to safely
perform the essential function of their jobs, b) reduce the costs associated with worker injuries, and c)
protecting the rights of the disabled by developing a medically appropriate and legally defensible
methodology for determining what medical conditions, injuries or illnesses allowed for reasonable
accommodation. The culmination of Occu-Med’s initial research project would be the Occu-Med System
of medically evaluating applicants’ and employees’ job suitability.
During the thousands of hours spent analyzing various job classes amongst cities and counties throughout
California (which were participating in the research grant), Occu-Med was able to discover and
statistically document that - regardless of job class - approximately 41% of workers’ compensation
injuries occurred in the first year of employment. Further analysis of this figure, conducted with
Sacramento County, Los Angeles County, and many other agencies (in coordination with Jean Felton,
M.D., (“The Modern-Day Father of Occupational Medicine” and Occu-Med’s first Medical Director), as
well as Lee Cady, M.D., Occu-Med’s cardiologist [retired 2014]), resulted in what eventually became the
basis of Occu-Med’s signature service QA2, the gold-standard in pre-placement and occupational health
medical evaluations.
Many of the organizations that participated in this project were eager to begin utilizing the Occu-Med
Occupational Health Evaluation Program. Accordingly, the second phase of Occu-Med’s research began
with the goal of discovering why such a disproportionate amount of injuries occurred almost immediately
after an employee was placed. The results of Occu-Med’s second phase of research (conducted in
coordination with the State of Hawai’i) yielded a revelation, applicants and employees with pre-existing
medical conditions were being placed into jobs that, upon the performance of their essential functions,
predisposed the individual to injury. Therefore, if these medical conditions could be identified prior to
the applicant or employee being placed, entire injuries could be avoided, thus completely eliminating the
associated cost of the resulting workers’ compensation claim.
One of three key elements in this process would be collecting and analyzing valid job information
pertaining to the most physically demanding essential job function for any physical ability required for a
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4 Occu-Med
job. In due course, Occu-Med developed Physical Abilities Analysis, its proprietary system of identifying
the most physically demanding essential functions of a job.
- “But, how do you analyze so much information, jobs can be so complicated?”
Physical Abilities Analysis is a structured group process that involves interviewing job incumbents from
the job being analyzed. During the Job Analysis sessions, incumbents are asked to identify the most
physically demanding essential job tasks for 19 physical ability categories, and then they are instructed to
rate those tasks on a 7-point, behaviorally-anchored scale. The incumbents are also asked to complete a
questionnaire that addresses the environmental factors that they may be exposed to in their job. Overall,
each session only requires about two (2) hours to complete.
Data collected is then qualitatively and statistically analyzed to develop easy to understand 1-page Job
Profiles. The job information collected during these sessions allows Occu-Med’s medical review
personnel to know at what exact point a job task in question becomes too demanding for a medical
condition or injury identified on a job applicant’s post offer pre-placement medical evaluation, or an
employee’s periodic or compulsory medical evaluation. Thus, in light of the almost 5-years of research
completed, Occu-Med began utilizing its Physical Abilities Analysis in collaboration with many of the
agencies who participated in the research and, in 1984 we opened our own clinic. Utilizing our research-
based Program designed specifically to understand what medical conditions to look for during a pre-
placement medical evaluation Occu-Med began to dramatically reduce workers’ compensation costs at
any agency which utilized our Program.
Brief Case Study of Workers’ Compensation Savings
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Throughout the rest of the 1980’s and into the 1990’s Occu-Med continued to apply its findings to help
reduce employee injuries and workers’ compensation costs at hundreds of public agencies throughout
[primarily] the United States. Then, in 1990 with the legislation (and success) of the Americans with
Disabilities Act, employers would be required to comply with more stringent regulations regarding how
an occupational health evaluation was both administered and reviewed.
Out with, Standards & In -dividualized Assessment (Guidelines)
As it related to occupational health one of the key aspects of the 1990 Americans with Disabilities Act
(the “ADA”) was the requirement that pre-placement medical testing be job-related and consistent with
business necessity. Previously, with varying degrees of ambiguity, employers could merely select a
medical test (they believed was diagnostic of an individuals’ ability to perform a job function) and require
all job applicants “pass” such a test, regardless of whether or not that test was actually a valid measure of
safe job performance. The ADA, instead, now required a nexus be shown between the medical test and
one or more of the essential functions of the job into which the applicant was to be placed.
Fortunately, Occu-Med and its clients, were very well prepared for this legislation, after all we had
already been conducting only job-related medical evaluations for over a decade utilizing the Physical
Abilities Analysis process (previously described).
In due course, employers would now look to Occu-Med not only as medical experts but also for
discerning legal and risk management guidance regarding how to appropriately comply with the ADA
legislation which would now govern occupational health-related medical evaluations. For the remainder
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6 Occu-Med
of the 1990s Occu-Med would continue to establish itself as one of the premier authorities related to
occupational health evaluations.
By the early 21st century in addition to the 2008 ADAAA legislation Occu-Med saw the expansion and
updates to additional regulations and guidelines related to occupational health including: California Peace
Officer Standards and Training (POST), National Fire Protection Agency (NFPA) 1582 as well as updates
to the Federal Motor Carrier Safety Administration (FMCSA) Medical Examiners Handbook. In light of
these updates our team would work lockstep with our client employers to ensure continual compliance
with each update, from big things like POST’s recommending back X-Rays no longer be performed on
Peace Officers and color vision deficiency being changed from a category A to a category B medical
condition under NFPA 1582; to more detail-oriented items like the 2016/18/20 revisions of the FMCSA
Medical Examiner Forms.
Today, we serve approximately one thousand clients, including more than 100 Cities and Counties, more
than 200 water agencies, and more than 300 fire districts, and national private employers—frequently
administering more than 200 medical examinations daily. In fact, in 2020, we assisted in the placement
(or continued placement) of more than 15,000 employees in Afghanistan, Iraq, Kuwait, Qatar, Dubai,
Uganda, Ecuador, Germany, Bosnia, Kosovo, Romania and other countries for clients such as: Lockheed
Martin, AECOM, Vectrus, BAE, ABM, L-3 Communications, Honeywell, Triple Canopy, ManTech,
AON, Marsh & McLellan and Arch Insurance.
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III. Personnel
Occu-Med, an S-Corporation, is open Monday-Friday 6:00am-6:00pm PT. Occu-Med maintains multiple
offices throughout the United States including: Denver, Fort Worth, Herndon, VA as well as our
Headquarters in Fresno. Between the four (4) offices we maintain an average staff of approximately 55-60
employees. An organization chart pertaining to the City’s Project Team, Team Tatum, responsible for the
City’s account can be found below:
Christopher St. George - Implementation Project Manager
Mr. St. George began serving as Occu-Med’s Business Development Director in 2017 following four (4)
years of work as the Company’s Director of Global Services.
Mr. Chris St. George continues to be responsible for the continuity of Occu-Med’s services on a global
scale; creating relationships with both United States based and overseas clients, strategic partners and
staff; allowing Occu-Med’s Program to be delivered wherever our client-employers need us. Despite the
typical hardships that arise from a global footprint, the projects Mr. St. George directs consistently receive
ranks from his clients of “Industry-Best”, “Exceptional” “Excellent” and “the Clear Choice” in past
performances ratings in multiple areas of service.
Mr. St. George values diligent work and trust as the keys to sustaining a productive relationship, And,
when necessary, by working inside clients’ overseas operations Mr. St. George is able to ensure each
project is continuously prepared to obtain a quality-driven Occupational Health Program. Ongoing
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8 Occu-Med
collaboration with Occu-Med’s clients allows him to deliver a “One Stop Shop” Occupational Health
Program no matter what the scale of the project; from basic services such as a substance of abuse
screening program, to multi-country pre-placement/pre-deployment and compliance-based periodic
medical evaluations.
In 2020, among other projects, Mr. St. George managed the implementation of the Occu-Med System
with Placer County, The City of Rockin, Mendocino County as well as the competitively recompeted
contracts for The City of Anaheim and The City of Modesto. In a similar capacity, if awarded the City’s
work, Mr. St. George will be responsible for the implementation of the Occu-Med Program with The City
of Arcadia.
Mr. St. George joined Occu-Med in 2004. He is a graduate of the Craig School of Business at Fresno
State University earning his Bachelor of Science Degree in Business Administration; he also holds
multiple education certifications in compliance and management.
William “Bill” Vogeler; M.B.A – Job Analysis Manager
Bill Vogeler joined Occu-Med in 2003 and has been involved with nearly every aspect of the Occu-Med
Program from marketing to training to implementation, focusing on the Company’s continuing
unprecedented growth. His current assignment has him working with our Client Services Department on
many levels with our national and international business partners.
Bill’s business career began in New York City marketing custom-computer programs for leading Wall
Street brokers and banking firms. In the 1980’s, Bill pursued publishing and distribution opportunities in
Hawai’i and Chicago. During his years in Chicago, Mr. Vogeler was involved with the successful launch
and continued operation of a widely read Chicago Restaurant Publication. Upon returning to Hawai’i, the
world’s largest winery, E & J Gallo, famous for its retail presence, hired him to develop the fledgling
Hotel-Restaurant Division for the entire State. The winery’s resort business remains strong to this day.
Finally, Mr. Vogeler served as Vice President and General Sales Manager for one of Hawaii’s “Top 250”
Corporations, Better Brands, LLC. He was charged with overseeing the marketing and distribution of
more than 2500 product lines. Mr. Vogeler holds the degree of Bachelor of Science in Business
Administration from Georgetown University and an MBA in Marketing from American University in
Washington D.C.
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9 Occu-Med
Anthony Tyler- Team Director, Team Tatum assigned to the City’s Account
As team Director of Team Rambis Ms. Howard is responsible for championing Occu-Med’s Core Values
by ensuring his or her own adherence to Occu-Med Core Values, as well as his or her team members’
adherence
Organize and manage the team’s daily workflow:
• Prioritize work to be done and individual team member assignments
• Proofread Medical Examination Summary Reports
• Approve/deny PTO requests of team members and ensure availability of Utility Staff coverage
prior to approving (and/or taking) PTO.
Perform evaluations of team members in accordance with the Occu-Med Training and Management
Strategy:
• Provide team members with feedback
• Super Team model, weekly
• Work with Quality Department to ensure team members receive regular training until fully
trained.
Ensure work performed is in accordance with client expectations and commitments made by
Occu-Med:
• Manage Client Protocols for clients assigned to his or her team by creating new protocols and
updating existing ones as needed
• Ensure that Occu-Med services for clients assigned to his or her team meet or exceed client
expectations
• Investigate cases identified by the Quality Department as failing to meet client and/or Occu-Med
expectations.
Devonna M. Kaji M.D. - Occu-Med’s Medical Director
Dr. Kaji graduated Magna Cum Laude from the University of California, Berkeley and the University of
Hawaii, John A. Burns School of Medicine. She received her surgery training at the University of
Southern California (USC) and is a Board Certified Urologist. She has served as Professor of Urology
and Assistant Chief of the Department of Urology at the Children’s Hospital of Los Angeles, the
University of Southern California and the University of Colorado. Dr. Kaji has served on Occu-Med’s
Board of Directors and managed its Medical Advisory Board for more than 30 years, and she has been the
Company’s Medical Director for more than 20 years. She has participated in all of the Company’s
The City of Arcadia - Response to RFP Occupational Health Program Services 8/5/21
10 Occu-Med
medical research, having met with the medical specialists and sub-specialists representing 12 separate
body systems who initially formulated Occu-Med’s Compendium of Medical Standards (now termed
Medical Guidelines). She has continued to supervise and participate in every medical research meeting
addressing the continued effectiveness and appropriateness of this Compendium. Dr. Kaji supervises all
medical specialists to Occu-Med. Further, as Medical Director, Dr. Kaji oversees all medical aspects of
the Company’s QA2 Program.
Geoffrey W. Black M.D.- Staff Physician; FMCSA Certified
Dr. Black overseas Occu-Med’s medical operation in the Fresno area and is the primary provider at our
medical clinic at that location. In addition to his day-to-day clinical duties, Dr. Black provides medical
policy and expert resources guidance to Occu-Med regarding OSHA, FMCSA (Examiner Number
9764216383) and HAZMAT compliance. Dr. Black attended medical school at USC’s Keck School of
Medicine. Licensure documents for our physicians, staff and our Laboratory enclosed (see EXHIBIT 1).
Additional Medical Advisors
Occu-Med also retains on a consulting basis six (6) additional specialist and sub-specialist physicians
who have over 120 cumulative years of occupational health advisory experience. We make some of these
physicians directly available to the City when necessary for instance during fitness-for-duty exams, which
are often times the most challenging/dynamic cases.
James A. Johnson J.D. - Occu-Med’s CEO and Legal Research Executive
Mr. Johnson founded Occu-Med in 1979 with an initial focus on research and consulting. As interest in
the Company’s proprietary research grew, Mr. Johnson expanded operations to include occupational
medicine clinic management (including Occu-Med’s own clinics), workers’ compensation cost
containment, vocational rehabilitation counseling (with a department of 9 counselors), franchise
operations, and an international network of medical providers committed to providing timely, professional
and cost-effective medical examinations for our clients. Under Mr. Johnson’s guidance, Occu-Med has
been the vanguard of medical standards / guidelines research and risk management programs designed
around such research.
Mr. Johnson is responsible for the development of QA2, the Company’s program to manage a client’s
entire medical evaluation activity, including Occu-Med’s state of the art quality assurance program,
EXAMQA®. He has also guided the Company’s national expansion for 42 years.
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11 Occu-Med
Prior to founding Occu-Med, Mr. Johnson was a private consultant directing several major civil rights
consulting projects. Mr. Johnson was a Legal Analyst and an Affirmative Action Advisor with the County
Supervisors’ Association of California and a Legislative Analyst with the State of Hawaii’s Commission
on the Handicapped.
Mr. Johnson is a graduate of The Ohio State University and the University of the Pacific’s McGeorge
School of Law.
IV. Work Plan
Every medical evaluation performed by Occu-Med is done so in order to comply with a legal
requirements surrounding what is permissible for pre-placement and periodic medical evaluations under
the applicable ADAAA, FEHA & Peace Officer Standards and Training (hereafter, “POST”) Guidelines.
Put simply, we do not just ask the applicant or employee if he or she is able to “do the job” or “return to
work”, rather, our approach provides a quantifiable way to make such a determination for each applicant
and/or employee as part of an individualized assessment.
Start-up and Phase-in Schedule
The cornerstone of creating legal defensibility in Occu-Med’s QA2 Occupational Medicine Program
begins with the administration of Job Analysis, i.e. initially validating all medical testing performed
through a statistically validated method. Occu-Med prepares one page Job Profiles for use in evaluating
pre-placement, fitness-for-duty and return-to-work medical examinations by conducting on-site job
analysis sessions. The procedure utilized during the job analysis sessions is the same one that we have
used for more than 3,000 other agencies: Physical Abilities Analysis. NOTE: If the City elects not to
purchase Job Analysis services Occu-Med can work from the City’s existing Job Descriptions and
Medical Examination Protocols. Our Job Analysis service can always be performed at a later date.
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12 Occu-Med
Job Analysis
Often Occu-Med begins our Program with the administration of Job Analysis. Our approach to
accomplishing job analysis is described on pages 3-6.
Data collected will then be qualitatively and statistically analyzed to develop Job Profiles (EXHIBIT 1)
and Medical Examination Component Profiles (EXHIBIT 2) for each job class studied. The Job Profile
accurately and fully the most demanding essential job tasks of the jobs studied, and the Medical
Examination Component Profile details the specific medical tests that are job-related and consistent with
business necessity and therefore recommended to find or diagnose the medical or physical conditions that
would be of concern for that job.
After our initial Job Analysis is completed Occu-Med can on a regular basis refresh the City’s Job
Profiles to reflect changes to the physical demands of the position. This will also be performed for the
City’s Medical Exam Component Profiles in order to stay compliant with changes to applicable laws.
Occu-Med is prepared to begin work for the City as early as October 1, 2021. Again, if the City elects not
to purchase this service Occu-Med can work from the City’s existing job descriptions and the service can
always be performed at a later date.
QA2 is the name given to Occu-Med’s end-to-end solution for the scheduling and on-going review of all
medical examinations for applicants or employees for jobs with the City. This service includes exam
reviews for pre-placement exams, the further investigation of medical conditions identified during these
exams (through the “RDQA” service--see description), the preparation of letters to applicants who are
determined to be Medically Disqualified for the job for which they applied, an analysis of Reasonable
Accommodation for each individual Medically Disqualified, and the preparation of periodic (daily, when
useful) production / performance / status reports.
A Client Orientation to the laws and regulations governing employment medical testing, the manner in
which the Occu-Med Program fulfills these legal requirements will be performed, the goals of our service
and the provision of assistance to our client in the establishment of appropriate policies and procedures
within the City to authorize the appropriate medical review of employment examinations and the training
of selected staff in the manner in which this process will be performed. Occu-Med requests the City
assist us in preparing for this process by completing a New Client Interface Questionnaire (EXHIBIT 3).
Scheduling pre-placement, or periodic medical exams through Occu-Med could not be easier. Upon the
acceptance of a conditional job offer by the candidate, a City representative contacts Occu-Med’s Exam
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13 Occu-Med
Scheduling Hotline or submits an Occu-Med Exam Requisition Form via e-mail (EXHIBIT 4), and the
necessary medical exam is scheduled the same day as the referral. Occu-Med within two (2) hours of
receipt of your referral will contact your applicant or employee in order to arrange a medical appointment
with him or her (when possible Occu-Med will also provide the applicant with the necessary medical
history forms so that he or she may complete the documents prior to the exam (EXHIBIT 5)). Upon
completion of scheduling, your representative will immediately receive email confirmation of the
appointment time and date, which will be scheduled to occur within 2 business days of the referral. .
Occu-Med’s first option will always be to schedule the exams at the clinic most convenient for the
employee and each of these clinics will have been previously evaluated and is prepared to perform timely
and medically appropriate examinations.
These providers include:
Healthpoint – Irwindale Foothill Cardiology
5345 Irwindale Ave. 289 Huntington Drive #401
Irwindale, CA 91706 Arcadia, CA 91007
M-F 8am-6pm M-F 8am-5pm (Treadmills Only)
Additionally, because Occu-Med has clients throughout Southern California if an applicant or employee
currently lives or works closer to another geographical area, (with approval from the City) Occu-Med can
typically schedule the evaluation at a more convenient location for the same, or roughly the same cost.
Having scheduled the medical exam, and with knowledge of the length of time required to obtain results
from the medical testing included in the exam (i.e., PPD test for tuberculosis takes 48 to 72 hours for
results), Occu-Med contacts the medical provider to request, or “harvest,” the exam at the absolute
earliest time that it should be ready for review. This service has cut exam turnaround time for our clients
in half (or more!) in almost every case. Thus, eliminating a clinic from “holding” an exam until they have
staff that can fax or email the results. Occu-Med commits to submitting a Medical Exam Summary
Report to the City on the same day the complete medical exam is received (provided it is received before
4:00PM PT).
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14 Occu-Med
This coupled with Occu-Med’s pre-positioned laboratory requisition forms virtually eliminate the ability
for a clinic to “wing-it” regarding which medical components to perform. Occu-Med utilizes its custom
tracking software in order to assure that all required client “turnaround time” deliverable metrics are
being met. This process allows us to customize the scheduling, appointment date and results date
pursuant to client specific requirements. While every client is different, a topline sample view of these
tracking tools is provided below (DOR=Date of Referral, DS=Date Scheduled, DOE=Date of Exam):
Medical Tests
Peace Officer Standards and Training P.O.S.T Medical Guidelines
Occu-Med is responsible for the pre-placement medical evaluation program for dozens of Police and
Sheriff Departments throughout the State of California. Our experience in this field has given us profound
and wide-reaching experience with the Police Officer Standards and Training (POST) Medical Screening
Manual a.k.a POST Guidelines.
“The process and decisions resulting from the medical screening of patrol officer candidates are dictated
as much by state and federal regulations as by accepted medical practices. It is therefore imperative that
physicians as well as hiring authorities have a full and complete understanding of the legal issues
underlying medical screening for occupational suitability.” –Excerpt from POST
SCHEDULING T851$5281'7,0( AVERAGE
2
4
6
8
BaileyJunoRambisTatum0.480.50.820.45
1.88
4.625.32
3.47
DOR to DOE
DOR to DS
NUMBER OF EXAMS SCHEDULED
55
110
165
220
275
BaileyJunoRambisTatum242
175150169
184
Average
SCHEDULING DOR TO DOE TAT
4-WEEK TREND
0
2
4
6
8
8/22/16 8/29/16 9/5/16 9/12/16
1.88
2.682.84
4.4 4.624.58
6.14
4.38
5.32
3.67
7.037.19
3.47
4.02
5.11
6.54
Bailey
Juno
Rambis
Tatum
EXAMS SCHEDULED 4-WEEK TREND
70
140
210
280
8/22/16 8/29/16 9/5/16 9/12/16
242
213
265
175 175
88
146
166
150
133133146
169
120131130
Bailey
Juno
Rambis
Tatum
&YQSFTTFEJOEBZT
.FEJDBM&YBN)BSWFTUJOH.FUSJDT
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15 Occu-Med
Occu-Med, by standing at the crossroads of both the medical and legal community (having both medical
and legal staff) is able to make discerning recommendations regarding officer placement that our client
employers can be confident in.
Occu-Med will also inform the City of any relevant updates to the POST Guidelines in order to ensure
ongoing compliance, for instance the 2016 update to the color vision standard which now requires a
Hardy-Rand-Rittler (HRR) color vision test, replacing the Ishihara Plates and Farnsworth D-15 Panel.
Ishishara/HRR Color Vision Testing
When necessary, a comprehensive visual acuity evaluation will be administered. Occu-Med will then
review the results and make the appropriate recommendation to the candidate regarding the uses of
spectacles, or when necessary soft contact lenses depending on the essential function of the job as
identified by the City, POST Guidelines, FMCSA, or NFPA 1582. Pursuant to POST guidelines, which
go far above the vision requirements of the DMV, as required, a function color vision assessment (HRR)
will also be administered as part of the initial medical evaluation. Regardless of the specific visual acuity
requirement, the City will be able to rest assured knowing that any candidate placed into a Police Officer,
driving, or Firefighter position has the necessary visual acuity (in consideration of job requirement (such
as long-rifle use)), with the appropriate correction, if required, and the necessary functional color and
depth perception.
Audiological Testing Equipment
When requested, applicants will undergo an audiogram to assess hearing between 500hz-6000hz.
Information will be recorded in accordance with CCR Title 8 §5097. For safety-sensitive positions the
8000hz frequency will also be tested. When a significant hearing deficient is detected, through
Occu-Med’s RDQA process Occu-Med will recommend to the applicant the appropriate follow-up
medical testing, for instance the HINT. As appropriate, Occu-Med can also provide assistance to the
applicant in coordinating such tests (although additional testing is always the applicants personal and
financial responsibility). When 20 or more Audiological Tests are necessary on a given day Occu-Med is
also able to provide onsite services at City facilities as well, please refer to the onsite section of this
document to review our full compliment of onsite services.
Laboratory Services
Blood chemistry panels often involve an extensive array of tests that are often not job related nor
consistent with business necessity. In fact, a Southern California City was recently sued because its clinic
had decided to include testing for STDs in the panel since “it did not increase to price of the panel.” (The
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16 Occu-Med
City settled with the applicant for $300,000+ for this invasion of privacy—even though the test was
negative and the City never saw the result.) Occu-Med has developed “Occu-Panels” with a national
laboratory that allows the selection of only those tests for the blood chemistry panel that are compliant
with state law for each job class. Further, national pricing permits substituting these panels for those
normally provided by the clinic with no increase in exam fees. All laboratory testing is coordinated by
Occu-Med and performed at a CAP/CLIA accredited lab.
Pursuant to POST and NFPA Guidelines a Blood Chemistry Panel and Complete Blood Count will be
conducted. As previously stated Occu-Med will utilize Occu-Panels to ensure that only blood work that
is job related and is consistent with business necessity is tested. Occu-Med will then apply the applicable
Guidelines to any relevant findings, and is expertly qualified to address dynamic findings such as a Police
Officer cadet with insulin-dependent diabetes. Occu-Med is prepared to assist the City with the entire
management of any findings, from notifying a candidate of a wellness issue, to the entire three (3) step
qualification assessment process of a sheriff candidate with insulin-dependent diabetes.
Pulmonary Function Test
For certain classifications or as part of an OSHA 1910.134 evaluation, the applicant/employee will
undergo a Pulmonary Function Test as requested by the City. Occu-Med requires that three (3) blows be
taken with the best result becoming the medical record. Based on FVC and FEV1 results (for instance
less than 70% for a firefighter applicant) Occu-Med will initiate RDQA in order to determine, based on an
individualized assessment, whether or not the applicant is able to safely be placed; and/or, effectively
mitigate/ameliorate an underlying medical condition i.e. for a Deputy Sheriff Candidate determining if
Asthma is allergy or exercise induced.
EKG Equipment
For safety-sensitive positions or as directed by the City Occu-Med will require a 12-lead resting
electrocardiogram. Abnormal results will always be over-read by a qualified physician and when
appropriate additional testing recommended. Additionally, many agencies require an exercise treadmill
stress test for POST positions. Pursuant to POST Guidelines the BRUCE or modified BRUCE protocol
can be administered when initial resting EKG findings are abnormal. Occu-Med and POST recommends
that, unless a contraindication arises, the test be run to 12 METS.
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NFPA 1582
Regardless of the complexity of scope or logistical requirements Occu-Med is able to perform medically
appropriate & legally defensible NFPA 1582 physical anywhere in the world. We have performed our
service for Fire Departments on US Army bases in the Middle East and despite the enormous challenges
with such an effort we still received “Exceptional” or “Very Good” Performance rating across the board.
Many of our qualifications for performing such evaluations can be found throughout this document. We
will take this same commitment and provide it to all City firefighters at the time of his or her placement
medical evaluation as well as annually at the time of each firefighters annual/periodic medical evaluation.
All findings will be reviewed to ensure compliance with NFPA 1582 and any other applicable guidance
for instance (FMCSA for engineers) or cal-OSHA for respirator, heavy metals and bloodborne pathogens
surveillance.
Additionally, instituting a program that regularly evaluates pertinent aspects of your employees’ health
can prevent injuries resulting from deterioration in employee health, as well as maintain compliance with
regulations that require medical surveillance. A large segment of Occu-Med’s business has become the
performance and management of compliance for required periodic testing including: OSHA Compliance,
hearing conservation, HAZMAT, respiratory protection, and many other regulations.
Department of Transportation mandated Substance of Abuse Testing Programs
All too often, substances of Abuse Testing/Reporting: Drug screening at many clinics is “hit or miss.”
Additionally, if a Medical Review Officer (MRO) is ever required, that service is subject to a separate fee
at many clinics. And, finally, many issues that arise are beyond the experience of the clinic to address
(i.e., dilute negative tests and shy bladder). In order to address these issues Occu-Med has developed a
national program that manages all such drug screening issues for its clients, including assisting in the
development of drug screening programs and procedures, pursuant to 29 CFR Part 40 (and all subsequent
updates). Further, we are readily available to address any issues in this area that arise, and be fully ready
to implement our testing program by the City’s anticipated implementation date of October 1, 2021. This
service will be substituted for the clinic’s typical program.
Drug Screen Collections - Only Certified Specimen Collectors having received the SAMHSA training
will be utilized. Occu-Med will ensure that collection sites are equipped with the requisite chain of
custody forms and drug screen collection materials prior to scheduling City personnel for a drug screen.
All urine results will be sent to MEDTOX Laboratories for confirmation. MEDTOX is SAMHSA
certified (Federal Register/Vol. 79, No. 27/Monday, February 10, 2014/Notices), and is able to conduct
confirmatory tests using the split-specimen regulations and MRO confirmation. These results are
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available within 24-48 hours, with up to 72 additional hours needed if MRO confirmation is required
pursuant to a Federal requirements for a positive finding using GC/MS confirmation. When MRO
confirmation is required the City will be notified of the delay. Occu-Med will submit a written report to
the City to document negative or positive drug screen results on the same business day as such results
become available.
Medical Review Officer (MRO)
Pursuant to Mandatory Guidelines for Federal
Workplace Drug Testing Programs, drug screen results
that reflect a positive laboratory finding will always receive
Medical Review Officer (MRO) confirmation. Occu-Med
provides MRO confirmation to its clients at no additional
charge. A sample of a federally compliant MRO Report >
Occu-Med utilizes is attached. For drug screens completed
on Occu-Med’s network, when a result requires MRO
confirmation the MRO process is immediately initiated and
performed by Occu-Med’s subcontractor Doctor’s Review
Service.
Additionally, at our wholly-owned subsidiary medical clinic (operated on the premise of Occu-Med’s
corporate offices), Dr. Black, our clinic’s medical director, is also a certified Medical Review Officer.
Accordingly, Occu-Med can unequivocally state that our MRO process is immediately initiated whenever
MRO confirmation is required by law. As an additional quality control measure Occu-Med’s contracted
MRO service contact information is preprinted on each of our Federally compliant chain-of-custody
forms, so that the MRO process is initiated once our laboratory has detected a non-negative result.
See sample below:
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Vaccination, Hepatitis B Vaccination etc…
Occu-VAX
Occu-VAX is the scheduling and coordination, immunization record management and the on-going
management of all immunizations for applicants and employees for jobs. This service includes an
individualized evaluation of each applicant / employee to assess the appropriateness and necessity for
administering the immunization treatments outlined in the specific Occu-VAX Profile prior to and, when
appropriate, during employment. Occu-VAX fees are billed as incurred. If the City elects not to utilize
this service no charges apply.
Scheduling and Coordination: Upon completion of the medical evaluation or concurrently by
requirement or request from a designated City employee, Occu-Med will promptly contact applicants /
employees to: a) assess the appropriateness and necessity for receiving immunization treatments, and b)
schedule and coordinate the administration of those immunizations deemed appropriate and necessary
prior to and during employment.
Immunization Record Management: Applicants and employees will be given an immunization record
(documentation of immunization history) upon completion of: a) initial administration of immunizations;
or b) an assessment of each individual’s vaccination history concluding that no immunizations are
necessary. Immunization records for all applicants and employees evaluated will be maintained
electronically by Occu-Med. In the event an applicant tor employee declines an immunization Occu-Med
will obtain the appropriate declination from the individual.
On-Going Immunization Management: Upon request, all immunizations recommended will be managed
by Occu-Med. This service includes tracking to assure compliance with the CDC and cal-OSHA, in
addition to other applicable guidelines; notification of employees and designated supervisory personnel of
all periodic follow-ups associated with immunizations; and the preparation and provision of customized
tracking reports documenting any aspect of the immunization treatment program and/or obtaining signed
declination forms documenting the individual’s electing not to obtain the immunization[s].
Occu-VAX is a dynamic service that any employer can access, from including a Rabies Titer as part of a
pre-placement medical evaluation so that Rabies immunity can be immediately documented, or providing
on-site flu immunizations during the flu season.
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Tuberculin Testing
Tuberculosis Testing, a 2-step PPD (TB) skin test will be administered. This test will require the
applicant return to the clinic 48-72 hours later for the test to be read. Applicants with positive results, as
interpreted by the medical professional, consisting of induration of greater than or equal to 5 or 10mm
(depending on job class) will receive the appropriate level of additional screening as recommended by the
CDC including a chest X-Ray and/or consultation.
X-Rays
Depending on job class a one, two or “B” Reader Chest X-Ray will be administered. When requested
Pursuant to CCR Title 8 § 5208 and CCR Title 8 § 5208 Appendix E and NFPA 1582, a 2-view (PA and
Lateral) chest X-Ray/chest roentgenogram will be collected at the time of the pre-placement medical
exam. This image along with all subsequent images will be read by a certified B-Reader radiologist. If a
B reader is not requested a 2-view chest X-Ray will be utilized instead. For Police Officer applicants a
1-View (PA) Chest X-Ray is typically administered.
V. Reporting
EXAMQA
When reviewing & reporting medical evaluation results Occu-Med combines:
a) a thorough knowledge of the essential physical and environmental components of the jobs in
question;
b) the medical expertise to gather all necessary and appropriate medical information upon which to
base safe placement, return-to-work and fitness-for-duty recommendations; and,
c) extensive knowledge of the legal constraints within which such hiring decisions must be made.
This aspect of our services means that Occu-Med and its medical review staff review all completed
medical exams and it is Occu-Med’s recommendation that is made to the City regarding an applicant or
employees safe placement. This process ensures that pertinent aspects regarding a placement decision are
considered and not just those in the examining physician’s purview. For Conditional Qualifications (CQ),
an Employment Agreement accompanies each such report. For Recommended Delayed for Qualification
(RDQ), RDQA is initiated with the applicant, and the City is simply notified that the process has begun.
This eliminates the possibility of disclosure of protected personal medical information that may be
undesirable for the City to have received. For each Disqualification (DQ), an appropriate medical-legal
report is submitted documenting the specific justifications for the disqualification and informing the City
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21 Occu-Med
of the requirement of a consideration of Reasonable Accommodation (a process in which we encourage
the City to involve us). Periodic performance reports, addressing both clinic turnaround statistics and
EXAMQA results, are available upon request.
See Sample Right:
Details regarding Occu-Med’s qualification recommendations are as follows:
Occu-Med’s Qualification Recommendations and Reports
Medically Qualified - Applicant is an immediate safe placement.
Conditionally Qualified - Applicant may be placed immediately but has work restrictions or
accommodation as outlined on the medical restrictions and/or reasonable accommodations page of the
report. The specific restrictions or accommodations are always included as part of the Conditionally
Qualified Medical Exam Summary Report.
Recommendation Delayed for Qualification - Applicant will be required to submit further information
regarding one or more medical conditions before being placed. This process is facilitated by Occu-Med
via RDQA. The applicant is contacted on the day that he/she becomes delayed and informed that he or
she has 10 business days to complete the request for additional medical information (extensions of the
timeframe can be granted at the City’s discretion).
Medically Disqualified - Applicant has been deemed medically unsuited for this job class and will not be
placed. Occu-Med’s report outlining relevant issues will be attached. The City must consider Reasonable
Accommodation for this Medical Disqualification and must determine whether such an accommodation is
feasible via the interactive process.
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Recommendation Delayed for Qualification – RDQA
The RDQA process is one of the most elegant and sophisticated services associated with the Occu-Med
Program, for the City this process will be the mechanism for facilitating an individualized assessment of
an applicant or employee when initial medical information collected does not allow of an immediate
determination of placement or disqualification.
When the Occu-Med recommendation is that a decision be delayed until certain medical information can
be further explored (that is, when the applicant is classified as “Recommendation Delayed for
Qualification”—or “RDQ”—under Occu-Med terminology), Occu-Med will submit that report as well as
an additional report when the requested additional information is received and Occu-Med is able to offer a
conclusive placement recommendation. Since the law permits making “further medical inquiry” into
medical conditions that could pose a direct threat of injury from the performance of the job’s essential
duties, it is necessary to notify the applicant of the specific findings as well as the information that will be
necessary to submit in order to be cleared for the job. Since City staff may not have the time or the
medical expertise to contact each of these applicants to describe in detail the medical findings and to
answer their questions about the medical information needed for clearance to be approved, Occu-Med
staff communicates directly with these applicants. Further, there is also a growing fear by employers that
they may be receiving medical information about job applicants from medical examinations in violation
of state and federal laws relating to such information (specifically, when the medical condition being
investigated more fully pursuant to an “RDQ” designation is found to be benign in relation to the job’s
essential duties). For these reasons Occu-Med has developed—and will institute as part of this contract—
a service designated as “RDQA.” Under RDQA Occu-Med corresponds directly with job applicants to
discuss the medical findings, to answer any questions about the medical condition or the process being
employed, and to describe any medical records or documentation required for clearance. Applicants will
have five (5) days to respond to Occu-Med and ten (10) days to provide further information unless the
City dictates the application of different time requirements. The City’s staff will simply be notified that
such a review has been initiated, and the City will be informed on a periodic basis (as directed) on the
status of each RDQ. Then, when the requested information is submitted, Occu-Med will prepare the
appropriate clearance report
As part of Occu-Med’s services Occu-Med serves as the custodian of records for all medical records for
our clients. This includes the completed medical history questionnaire (customized by Occu-Med to meet
POST & GINA requirements), results of all tests immunizations, examination information and any
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23 Occu-Med
follow-up information collected as a result of medical findings. Occu-Med maintains this information in
a HIPAA compliant softcopy that is available to the City with a one (1)-business day request.
Annual/Periodic/ Wellness Exams (when applicable)
A. Instituting a program that regularly evaluates pertinent aspects of your employees’ health can prevent
injuries resulting from deterioration in employee health, as well as maintain compliance with regulations
that require medical surveillance. A large segment of Occu-Med’s business has become the performance
and management of compliance for required annual testing including: OSHA Compliance, hearing
conservation, HAZMAT, respiratory protection, and many other regulations.
Occu-Med would be pleased to begin providing the necessary medical tests associated with ongoing
compliance of these many regulations. Further, information regarding this service can be discussed with
the City should Occu-Med be selected as the vendor.
Occu-Med serves as a ready resource for medical (i.e. what level of hearing loss is acceptable for a
Dispatcher), legal and personnel (i.e. what can we do when an employee mentions to his/her supervisor
that he/she has been diagnosed with carpal tunnel syndrome) issues that may arise. We serve hundreds of
public and private sector clients, and most issues that arise have been researched and answers are readily
available. Also, after more than 42 years of experience in this very focused endeavor, our staff is
extremely well qualified to advise on most issues in this arena.
Medical Records Storage/Accessibility
As part of our QA2 Program, Occu-Med serves as the custodian of records for all medical records for our
clients. Occu-Med maintains this information in a HIPAA compliant softcopy that is available to the City
with a one (1) business day request.
Occu-Portal & Electronic Medical Record Maintenance: At the request of the City results will also be
made available via an online web-based portal known as the Occu-Portal.
Occu-Med will provide personnel, designated as authorized by the City,
with access to the Occu-Med Portal. This web-based tool will permit
designated City personnel to access real-time statuses of
individuals referred to Occu-Med for evaluation. Additional tutorial
information regarding utilizing Occu-Med's vendor portal will also be made available online should new
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24 Occu-Med
users need training on the site.
Occu-Med will also provide to the City, at its convenience, a telephonic or face-to-face walk-through of
our portal features so that the City can customize which fields it wishes to have appear on the portal.
Occu-Med will create vendor logins for six (6) City personnel,
and more can be added at the City's convenience. Login access
will be emailed by Occu-Med to the designated City
representatives. It will be incumbent upon the City to notify
Occu-Med should a representative change or no longer require
access. Occu-Med's web-based portal utilizes individualized
logins for each client contact and protects data transmission by
utilizing a 128-bit SSL security certificate.
VI. Contract Performance & Legal Compliance
The fundamental principle of Occu-Med’s Program is ADAAA and FEHA compliance. ADAAA
compliance is the thread that is woven throughout our entire QA2 Occupational Program. And, as
described, on Pages 20-23, legal compliance is the cornerstone on which Occu-Med was founded.
Although we hope it is not the case, perhaps the City will select another vendor it believes is a better
value, but we can say unequivocally no other vendor can ensure the level of ADA (and ADAAA/FEHA)
compliance Occu-Med offers as part of this Proposal. Occu-Med has successfully defended 110 of 110
challenges brought against our placement decisions, however, we have not received a legal challenged in
over two decades, nor has Occu-Med had any contracts terminated for convenience, non-performance or
any other reason in the past five years.
VII. Proposal Cost Sheet
QA2 Exam Component fees are itemized as part of the City’s Proposal Cost Sheet Attachment A.
Should the City elect to include Occu-Med’s Job Analysis service included in our proposal such analysis
can be conducted for (see Cost Proposal) per day of job analysis and can likely be accomplished in three
(3) days (with 2-3 days of back-office support to finalize the data). Actual out-of-pocket expenses will be
billed as incurred. If the City elects not to do this, Occu-Med is just as easily able to work from City Job
Descriptions, as stated previously our Job Analysis can always be completed at a later date.
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QA2 fees are those that the City would typically pay directly to the medical clinic, but without all the
hassle of dealing with MEDICAL “BILLING” INVOICES. Occu-Med began its Clinic Bill Review
service in 2006 as part of its service to ITT, a company charged with deploying employees to Iraq,
Kuwait, Qatar and Afghanistan for various major federal projects in that region. We have evaluated more
than 100,000 clinic invoices for pre-placement exams over this span of time and have been absolutely
appalled at our findings: a) more than 92% of these clinic invoices were initially submitted with
inaccuracies (wrong charges for tests not performed, charges for unnecessary testing performed, duplicate
billings); and b) much worse - is the fact that nearly all of the incorrect invoices were inaccurate in favor
of the clinic.
Occu-Med requires the submission of an accurate invoice for payment—at which point we immediately
submit payment to the clinic. We submit our invoice to the City as a single fee (as negotiated) for an
exam— as the City’s request our invoice will also include a list of itemized charges, however, the charges
will always add up to the pre-agreed negotiated fee. Clients have informed us that this “bill review”
service alone has literally saved days of staff time. Another client, upon learning of this billing trend,
audited the previous year’s invoices and was able to obtain a refund of more than $3,000 for exams
performed.
On the first day of each month, Occu-Med will submit an invoice to the City for the prior month’s
medical services and examinations. Our invoices will be itemized by the date of service, name of person
examined, type of physical performed, itemized charges for each type of physical (if applicable), a
subtotal for each person examined, and a total of charges for the month being billed. Sample Below:
Invoice No.0413111
Invoice Date: /5/1
SERVICES PROVIDED (Completed Activity Through /31/1)
Name Date of ServicePhysicalBlood &KHPUrinalysisAudiologySpirometryResting EKGVisionImmunization and infectious
26+$screening
TB Testing+HSDWLWLV 7LWHU TreadmillPSACXR+HDY\0HWDO)OXPanel
Drug Screen
Invoiced
Amount
Smith, Joe /01/201xx x x x xx x x x xxxx x $-
Kelly, Ronald /07/20xx x x x xx x x x x x x $-
-TOTAL DUE BY /05/1$
For questions please contact:
Ruth Santos
(559) 435-2800 x 117
Please remit payment to:Occu-Med, Ltd.
Federal Tax ID# 52-2333519
2121 W. Bullard Ave.
Fresno, CA 93711
STATEMENT FOR SERVICES
RENDERED FOR:
$WWQ &LW\RI3ODQR
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26 Occu-Med
Our knowledge of the precise medical exam components that are of value for each specific job class
(eliminating useless, improper and overly expensive medical tests), our ability to negotiate fair and
reasonable charges from providers for medical exams, our national buying power for laboratory services
(blood chemistry panels and urine drug screens), and our careful auditing of clinic and laboratory charges
allow us to offer a vastly expanded array of services to our clients for fees typically charged by their
medical provider for just the medical examination and laboratory charges.
We hope you enjoyed reviewing our proposal and that you find Occu-Med’s service offerings a potential
value to the City of Arcadia. We look forward to hearing from you regarding how we may proceed.
Proposal Respectfully Submitted By:
Chris St. George
Business Development Director
Occu-Med Ltd.
EXHIBIT B
SCHEDULE OF CHARGES