Loading...
HomeMy WebLinkAboutOPATS Consulting Services PSA Amendment No. 1 Covid-19 Risk Assessment & Analysis for City Employees 10-26-2021 DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES OPATS Consulting Service COVID-19 Risk Assessment and Analysis This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 10/26/2021, by and between the City of Lake Elsinore, a municipal corporation ("City), and OPATS Consulting Service, LLC., a Limited Liability Corporation ("Consultant"). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 12/14/2020, (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount of Thirty Thousand dollars ($30,000.00). C. The Original Agreement had a term that commenced upon execution of the Agreement and continued until the services and related work are completed in accordance with the Consultant's Proposal (Exhibit A to the Original Agreement). D. The Consultant has completed the Phase One services and the parties desire to extend the term of the Original Agreement and increase the Compensation thereunder to provide Phase Two continuous monitoring services through June 30, 2024 as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 2, Term, of the Original Agreement is hereby amended to read in its entirety as follows: Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing upon execution of this Agreement and ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement on a 12- month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached to this Agreement and incorporated herein by reference. In no event shall DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 Consultant's compensation for services provided pursuant to the Original Agreement exceed Thirty Thousand dollars ($30,000.00)without additional written authorization from the City. For purposes of Amendment No. 1, compensation for Phase Two of the Scope of Services as set forth in Exhibit A, shall not exceed Forty Thousand dollars ($40,000.00) per fiscal year during the Term or any renewal term without additional written authorization from the City Council. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" "CONSULTANT" CITY OF LAKE ELSINORE, a municipal OPATS Consulting Services, LLC. corporation F Ity anager Cli ck or tap here—to enter text. Scott Bui Director of Sales Date: 11/6/2021 1 10:04 AM PDT Date: 11/6/2021 8:49 AM PDT ATTEST: F ocuSigned by: City er APPROVED AS TO FORM: City orney DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 Director of Administrative Services Attachments: Exhibit A-1 —Consultant's Proposal DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 EXHIBIT A-1 CONSULTANT'S PROPOSAL [ATTACHED] DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 :.� ©PATS City of Lake Elsinore Proposal OPATS Consulting and services are intended to support state, local,territorial and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain services and functions depended on daily and that need to be able to operate resiliently during Covid-19 pandemic response. Services included: • OPATS conducts initial and ongoing risk assessment and comprehensive data analysis of every one of your City of Lake Elsinore members and employees (115 associates). • OPATS provides expedited COVID testing for City of Lake Elsinore employees with actionable recommendations. • With each risk stratification, OPATS will give guidance as to which employees should work remotely and those that can safely work on-site. • OPATS will provide a workplace analysis to enhance your current COVID practice to be compliant with CDC, CDPH, Infectious Disease Society, and OSHA guidelines. • OPATS will rapidly address any new or suspicious cases and give an in-depth evaluation and containment action plan. • OPATS comprehensive testing and employee-specific recommendation package will take the guesswork out of employee COVID management and decrease the amount of time employees are out of work. Benefit for City of Lake Elsinore to have OPATS as a third-party COVID Risk Assessor: • Risk behavior and family dynamics-OPATS will be able to ask employee questions about risk behavior and family dynamics that an employer cannot ask. (ADA& EEOC guidelines) • Employee consent-As a third party, OPATS will obtain this information with proper consent from the employee, therefore eliminating risk for City of Lake Elsinore.The key is that OPATS obtain consent from the employee with the information that will be essential for us to make a proper risk analysis but not share the details with the employer (keeping the confidentiality intact to maintain employee's rights but to protect the employer's liability). • Actionable recommendations-The employer gets a simple recommendation as to whether an employee is to return to work or to work remotely based on established guidelines. No confidential information will be shared with the employee,just a simple recommendation of safe to be at work, or not safe to be at work. • Limits on information gathering—The Genetic Information Nondiscrimination Act (GINA) prohibits employers from asking employees medical questions about employees and family members. An employer may not ask an employee, for example, who is physically coming into the workplace whether they have family members who have COVID-19 or symptoms associated 28078 Baxter Rd.,Ste.320, Murrieta,CA 92563 951.292.0966 www.opatsconsulting.com DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 :.� ©PATS ;iNSU[i ilNl SERVICES with COVID-19. The ADA permits employers to make disability-related inquiries and conduct medical exams if job-related and consistent with business necessity. Inquiries and reliable medical exams meet this standard if it is necessary to exclude employees with a medical condition that would pose a direct threat to health or safety. Short-& Long-Term Benefits: Short Term Benefits: "The New Law" The new law turns Newsome's prior Executive Order regarding workers compensation liability for COVID-19 into an actual law that will be in effect through Jan. 1, 2023. The new law creates potential liability for employers themselves regarding COVID "outbreaks" in the workplace, and employer's responsibilities when such occurs. Normally, in order to receive workers compensation benefits,the burden is on an employee to show that his injury or illness occurred during the "course and scope of employment". However, under the new law, burden of proof is on the employer to show that the employee did not contract COVID-19 at the place of employment. OPATS comprehensive COVID case support and contact tracing will provide supportive documentation that can be submitted on City of Lake Elsinore's behalf in defense of employees contracting COVID at the workplace. Long Term Benefits: New reporting requirements in the law require employers to report any instance of COVID to its claim's adjuster. OPATS will provide comparative data over the course of the contract to provide to your Insurance Actuary to demonstrate beneficial collaboration that mitigates COVID risk pool. Executive Summary This document is a medical services proposal for City of Lake Elsinore, prepared by OPATS Consultant LLC on September 20, 2021.This proposal contains a summary of the services being offered,tables 28078 Baxter Rd.,Ste.320, Murrieta,CA 92563 951.292.0966 www.opatsconsulting.com DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 :.� ©PATS lq� "UNSUii iING SERVICES detailing associated costs, and a projected timeline for beginning services. Any questions or comments related to this medical services proposal should be directed to the following point of contact: Dr.Thuan Le—Principal Dylan Bach, MD—Director Clinical Pathology Scott Bui—Director of Sales Christina Claborn—Client Relations Manager OPATS Consultant LLC makes the following guarantees regarding this medical services proposal: will comply with all Federal, State, and Local regulations when providing the listed services. Warrants that the prices outlined in this medical services proposal are considered based on City of Lake Elsinore's needs. Scott Bui is an authorized representative of OPATS Consultant LLC and has been granted full authority to negotiate, represent, and enter into binding agreements on behalf of OPATS Consultant LLC. Relevant Licenses&Qualifications OPATS Consultant LLC is fully licensed and qualified to provide the services listed in this medical services proposal. Relevant licenses and qualifications include: OPATS Consultant LLC hereby guarantees that the above-listed licenses and qualifications will be maintained during the entire period during which medical services are provided to City of Lake Elsinore. Risk Management OPATS Consultant LLC employs a comprehensive risk management program to mitigate potential risk, exposure, or liability wherever possible.A detailed summary of this risk management program is not included in this services proposal but is available by request. Services Offered OPATS Consultant LLC hereby submits the following services for consideration by City of Lake Elsinore. Medical Services Pricing 28078 Baxter Rd.,Ste.320, Murrieta,CA 92563 951.292.0966 www.opatsconsulting.com DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 :.� ©PATS lq� XNSUJ TINC SERVICES The table below details the actual prices that will be charged to City of Lake Elsinore for the medical services listed in this proposal. Phase One: • An onsite assessment of workplace environment and current mitigation strategies • Employee assessment and testing to determine current threat of COVID-19 outbreak in your organization. • Comprehensive Executive package within 7 Days of onsite assessment. Plan included: Service Description • Individualized Risk Analysis • Risk Stratification Reports • Continuous Surveillance • Education Support • COVID-19 Climate Survey • Workplace risk assessment • Infection Mitigation Policy Analysis • Employee Testing • Employee Risk Stratification • Executive Status Report **Immediate State of the art testing (48 hour turn around Concierge lab collection) **Concierge Outbreak Support **Individualized Outbreak Support **Unlimited Specialist Access Package(upfront) initial cost: $180 per associate x 115 =$20,700 ** Subject to the terms and conditions of this Agreement: Package price based on three months add-on service agreement of Phase two. Services and any Add-On Services purchased by Subscriber during the Subscription Term,will automatically renew for additional periods equal to the length of the Subscription Term unless either party provides written notice to the other party at least thirty(30) days prior to the expiration of the Subscription Term. Phase Two• • Continuous monitoring and risk stratification for each employee. 28078 Baxter Rd.,Ste.320, Murrieta,CA 92563 951.292.0966 www.opatsconsulting.com DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 CONSULTING SE � E • Access to COVID-19 specialist to provide individualized support and guidance based on the needs of your organization. • Comprehensive Executive reports to understand the current risk to organization Maintenance monthly contract cost: $26.96 per associate x 115= $3,100 "Based on 115 associates. Client References The following OPATS Consultant LLC clients have given permission to be contacted by City of Lake Elsinore for vetting purposes: City of Lake Elsinore Name/Title: Contact Information: Approval After reviewing the contents of this medical services proposal, City of Lake Elsinore may sign below to indicate approval of the listed services and costs, and willingness to proceed with a formal medical services agreement. OPATS Consultant LLC Name/Title: Signature/Date: City of Lake Elsinore Name/Title: Signature/Date: 28078 Baxter Rd.,Ste.320, Murrieta,CA 92563 951.292.0966 www.opatsconsulting.com DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 DATE(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 12/21/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Chubb Customer Service Center FA CYBERPOLICY INSURANCE SOLUTIONS PHONE 866-972-2727 A/C,No,Ext: (A/C,No): MAIL 5655 LINDERO CANYONRD420 ADDRESS: chubbcsc@chubb.com INSURER(S)AFFORDING COVERAGE NAIC# WESTLAKE VILLAGE, CA 91362-4046 INSURER A: ACE Property And Casualty Insurance Company 20699 INSURED INSURER B: OPATS Consultants LLC INSURER C: 28078 BAXTER RD INSURER D: INSURER E: MURRIETA CA 92563-1404 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F XI MI OCCUR PRESES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 A HLTCAD957584593N 12/19/2020 12/19/2021 PERSONAL&ADV INJURY $ Limited GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ A AUTOS AUTOS OWNED SCHEDULED HLTCAD957584593N 12/19/2020 12/19/2021 BODILY INJURY(Per accident) $ ONLY XHIRED y NON-OWNED $ AUTOS ONLY /► AUTOS ONLY (Per accident) Occurrence/Aggregate $ Incl in GL Limits UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION TA - AND EMPLOYERS'LIABILITY Y/N STUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. The insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street AUTHORIZED REPRESENTATIVE 13rt 130 South Main Street CA 92530 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 1 ACCO Q DATE(/18/2020 �V�� CERTIFICATE OF LIABILITY INSURANCE 12/18/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jeff Garcia CyberPolicy Insurance Solutions PHONE 855 465 8080FA A/C,No,Ext: (A/C,No): 5655 Lindero Canyon Rd,Suite 204 ADDRESS: jeff.garcia@coverhound.com Westlake Village, CA 91362 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: AmTrust INSURED INSURER B: OPATS Consultants LLC INSURER C: 28078 Baxter Road,STE 320 INSURER D: CA INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- ❑ POLICY ❑JECT LOC PRODUCTS-COMP/OP AGG $ PRO- OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED HHU DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER �/ - AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X E.L.EACH ACCIDENT $1,000,000.00 A OFFICER/MEMBER EXCLUDED? ❑Y N/A TWC3936791 12/19/2020 12/19/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000.00 If OF OPERATIONS below F.L DISEASE-POLICY LIMIT $1,000,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Lake Elsinore 130 South Main Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Lake Elsinore CA 92530 THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:41663E6B-8D7F-4BDO-A68A-OB27089F6B47 BUSINESS LICENSE CITY OF LAKE ELSINORE This business license is issued for revenue purposes only and does not grant authorization Administrative Services-Licensing to operate a business. This business license is issued without verification that the holder is 130 South Main Street, Lake Elsinore, CA 92530 subject to or exempted from licensing by the state,county,federal government,or any PH (951)674-3124 other governmental agency. Business Name: OPATS CONSULTANTS BUSINESS LICENSE NO. 025625 Business Location: 28078 BAXTER RD STE 320 Business Type: CONSULTING SERVICES MURRIETA,CA 92563 Owner Name(s): THUAN LE Description: COVID RISK&MITIGATION CONSULTING AMY WRIGHT SERVICES Issue Date: 12/17/2020 Expiration Date: 12/31/2021 OPATS CONSULTANTS 28078 BAXTER RD STE 320 MURRIETA, CA 92563 Starting January 1,2021,Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments.A full notice is available in English or other languages by going to:https://www.dca.ca.gov/publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE WJ