Loading...
HomeMy WebLinkAboutC-4458 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. 1 Updated Feb.2020 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. 2 Updated Feb.2020 (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 4 Updated Feb.2020 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 5 Updated Feb.2020 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. 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. 6 Updated Feb.2020 (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 7 Updated Feb.2020 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 8 Updated Feb.2020 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: CONSULTANT: City of Arcadia Occu-Med 240 West Huntington Drive 2121 West Bullard Avenue Arcadia, CA 91066 Fresno, CA 93711 Attn: Shama Curian Attn: Christopher St. George Administrative Services Department 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. 9 Updated Feb.2020 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 10 Updated Feb.2020 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] 11 Updated Feb.2020 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 azzaretto Signature City Manager Date: Its: cSt,t,c ATTEST: Printed Name y: • OWAy Date: \v �j __ ity Clerk APPROVED AS TO FORM y: ignatur By: flay.., Stephen P. Deitsch City Attorney w.zs 3111.,+so^ Printed Name 12 Updated Feb.2020 EXHIBIT A SCOPE OF SERVICES The City of Arcadia — Response to RFP Occupational Health Program Services Employment Medical Programs & Services V • i 1 Proposal Submitted by: Si OCCU-MED 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 The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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 2 1 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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 3 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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 An Occu-Med client with over 1,500 employees based in California.Colorado and Utah installed the Occu-Med System in Years 1 and 2(see graph on left)at all three of its facilities. During this time the employer was experiencing a 35co turnover rate at its Colorado operation,with workers'compensation . r• claims over$1.1 million annually. Ninety percent of the injuries being reported were from employees uith less than one year of experience on the job. By the end of Year 2,workers'compensation claims dipped to S800 000_ At the end of Year 3.workers' compensation claims were at S230,000. Turnover was reduced to 12c. By the end of Year 4,workers' compensation claims were at S200,000,and turnover was reduced to 8% Occu-Med was credited as the major factor in this outstanding turnaround. (C e*Reekornosi sa Dbecs Workers'Coseptusono s Cons) 4 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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). .'.6. ._ ' e's ys em Medical Job Evaluation. Analysis Medical Standards/Guidelines 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 5 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 18/5/21 of the 1990s Occu-Med would continue to establish itself as one of the premier authorities related to occupational health evaluations. By the early 21s`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. 6 t Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 III.Personnel Occu-Med,an S-Corporation,is open Monday-Friday 6:O0am-6:O0pm 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: James Johnson President&CEO Demos Mil,MA Andrew Johnson Jared KO Sheryl Conley Director of Medical Reseerd, Director of Operatics Vice President Controller Anthony Tyler Director of Team Cris et George Alyson 7iilkry Matt Ceskey Medial Specialists&Advisors Tatum Business Development Director of Finanoe Director of Network Management Crhtal Men Matt Warmerdam EXAMOA Team Teton Payne Department Manager of Network Management Team Tadao Analysts(e( Network Mamlement Deparined' lean,henna 11:4 ETTSTbriOiQ tgiS'.7.1"T="MRIMINMI11111111111WRIariF.'TftR'*,.''7 Daa"46.° J 119 - laau iT"*TtS".'t"1♦;C:71^"s7'T .. i7}';M-i"'7'71.!21 1 E.^•3iltf7^=iiLi i7J!Si'7RP'�IIIRS! 1firl77'.?7=\ill 7'i la TP" 1tR:'Rli.?R.1�iLS1 .. ...., ... ...... Mc+':arxT�.VSRs1• 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 7 r Occu-Med — The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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. 8 , Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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 91 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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. 3.0 li Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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. 1 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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 12 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 { 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) K • 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). c - 13 t Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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): Medlin Exam Harvesting M<trlo SCHEDULING TURN AROUND TIME AVERAGE SCHEDULING DOR TO DOE TAT 4-WEEK TREND 8 8 • DOR to DOE IS Bailey 6 • -.DOR to DS 8 • Juno Rambis b El Tatum { 2 LAI -ILAN 0 lb ea � �.9 ♦` 8/22/16 8/29/16 9/5/16 9/12/16 Exvtaxaea to aay. NUMBER OF EXAMS SCHEDULED EXAMS SCHEDULED 4-WEEK TREND 275 280 220 $4 IR Bailey .... • Juno 210 _..._. • Rambis 165 ....._.......... Tatum 140 110 70 212 1i 55 0.m 1 8/22/16 8/29/16 9/5/18 9/12/16 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 14 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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. IshisharaIHRR 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 15-1 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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. 16 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services I 8/5/21 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 RegisterNol.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 17 [ Occu-Med =_ ---� �------— --— ---- The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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) JOSXTNE RESULT Pursuant to Mandatory Guidelines for Federal .»�"�"" —�r-p-«.-• Workplace Drug Testing Programs,drug screen results , mi 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: MiEFEDERAL DIE iG TESTING CUSTODY SA"iR'If#Ji.FORD L I It lI*It s<;ttlf ft I &P.N.MN WM 've. 2b3it8 STEP COYPNETSD 6TIIDCliC�ORMR1T401"ARRBPRElEN7A15Vt_ T A.Erplglr Nertw.Addrex?.1 D Nn R NRO flame AAdxeP.PY..am Nr ati Fe.ap Q 1' j/ C Dorm,8 W SN Or E+ byea I O.Speoy TPepAg AilMie,^:- Nis NED ...DIT s{T*Wt AOA' _ FAA -FAA FTA.�'"OfT�t USCG E.Moron What Psemd 9,+FK DA F 'AlfNN Eww.meCmse Fox Ae 5vbi m'TW '€.bew Cow bit en:%Y1 A F Dmo Tittle W be Pednaned TNC,CAC FCF.CPi ANC 400C ONy .^hA,.Me'KF...... G Collection Ma Minas ,141, faa 1019::.E�i6i m'sr..�a�asron1..." wP +=eRenwma 18 Occu-Med , The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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. L==— -1 9 FOccu-Med -� --�- -- - The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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 20 1 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/27 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. Medical Evacuations Results See Sample Right: "°°�T G**Ohm,w«yeIPSI Lagoa.1•0•41 MBal Evaluation Results Mai eau.00in• .CO.new aofllebvi Pa*crr a"°„_ aY 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. 21 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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 22 3 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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 040 -- 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 73 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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 sixCitypersonnel, (6) MO and more can be added at the City's convenience. Login access CO will be emailed by Occu-Med to the designated City "W representatives. It will be incumbent upon the City to notify oo Occu-Med should a representative change or no longer require access. Occu-Med's web-based portal utilizes individualized C.O.V,` 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 ADAAAIFEHA) 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. 24 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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: eke occUMEO ._ 25 Occu-Med The City of Arcadia-Response to RFP Occupational Health Program Services 8/5/21 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. 26 Occu-Med EXHIBIT B SCHEDULE OF CHARGES OCCU-MED The City of Arcadia Fee Schedule August 5, 2021 J-IealthPoint (Irwindale) SERVICES FEES Physical or DOT Exam with Medical History $125.00 OSHA Audiogram $50.00 Pulmonary Function Test $106.25 PPD Skin Test $62.50 Treadmill Stress Test $225* Venipuncture $31.25 Blood Chemistry Panel and Complete Blood Count $40.00 Urine Collection $50.00 Drug Screen 5-Panel Non-DOT or DOT $36.00 Chest X-Ray 1-View (PA) $97.50 Gross and Microscopic Urinalysis $15.00 QA2 (see Proposal Page 26) $95.00 Other Services: Hepatitis B Titer $30.00 Hepatitis B Vaccine (per shot) $115.00 Chest X-Ray 2-View (PA+LAT) $112.50 Glucose $25.00 Glucose and Liver Function $30.00 Glucose and Complete Blood Count $35.00 Glucose, Liver Functions, and Complete Blood Count $40.00 OSHA Respirator Questionnaire 1910.134 Appendix C $25.00 Resting EKG $118.75 • *Using Foothill Cardiology (Pasadena/Arcadia) Job Analysis, if purchased, is billed at $1,000 a day + out-of-pockets.