HomeMy WebLinkAboutPRR 2023-092 OPATS - SR CITY OF
LADE LSMORE
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DREAM EXTREME.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Director of Administrative Services
Date: October 26, 2021
Subject: Amendment No. 1 to the Professional Services Agreement with OPATS
Consulting Services to Perform COVID-19 Compliance and Third-Party Risk
Assessment for Fiscal Years 2021-22 through 2023-24
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Professional
Services Agreement with OPATS Consulting Services to perform COVID-19 Compliance and
Third-Party Risk Assessment for Fiscal Years ending June 30, 2022, 2023, and 2024 in an
amount not to exceed $40,000 annually in substantially the form attached and in such final form
as approved by the City Attorney.
Background
OPATS Consulting is a third-party risk assessor, owned and operated by physicians, nurses, and
support staff with its Clinical Lab and Infusion Center. The Board-Certified Medical Team
specializing in Clinical Pathology, Toxicology, Epidemiology, Infectious Disease, and Internal
Medicine, can help businesses expertly navigate the swiftly-changing landscape of infectious
disease compliance and pandemic management. They know we provide critical goods and
services to our community and can ill afford work stoppages due to the complex and often
confusing regulatory and compliance challenges facing our HR Department. They understand
and their team can help City staff stay safe, on the job, and productive. OPATS Consulting is
uniquely positioned to provide expert guidance through the tangled web of regulatory compliance
due to its role as a third-party risk assessor. They obtain informed consent from the employee to
regularly assess their ongoing risk in the workplace, to provide testing and vaccination services,
and to inform the employee when he or she is safe to return to work. Thier professionally qualified
medical and administrative teams are experts in infectious disease prevention, treatment, and
compliance. They are intimately acquainted with the regulatory hurdles presented by ADA,
HIPAA, GINA, Worker's Compensation, EEOC, Cal/OSHA, and the CARES Act. By obtaining
consent from the employees, OPATS can ask employees those things that employers are not
allowed to ask. Therefore, accurately assess risk while protecting the City from liability.
Professional Services Agreement
October 26, 2021
Page 2 of 2
Discussion
OPATS will provide testing and/or vaccination for all employees and their families. They will then
put you in a colored tier that allows the City to identify who is a high-risk factor and should work
from home, and those who can come back to work. By doing this, they work with the employees
and the company to reduce transmission and facilitate risk containment. OPATS will provide
same-day testing and results to all employees that are participating in the Program. They provide
comprehensive vaccination services, including booster doses. They have COVID-19 expertise
available to both employers and employees should concerns and questions arise, and they can
provide substantial resources. They have created these services and tools to help businesses
operate safely and efficiently. They have customizable and adaptive tools to better support our
City staff through the implementation of their Employee Health Management Program.
The City of Lake Elsinore retained OPATS Consulting as a third-party COVID-19 Risk Assessor
to assist everyone and help us manage SB1159, which turns the Governor's prior Executive Order
regarding workers compensation liability for COVID-19 into an actual law that will be in effect
through January 1, 2023. The new law creates potential liability for employers regarding COVID-
19 "outbreaks" in the workplace. Normally, to receive workers' compensation benefits, an
employee's burden shows that injury or illness occurred during employment. However, under the
new law, the burden is on the employer to show that the employee did not contract COVID-19 at
the place of employment. OPATS Consulting's comprehensive COVID-19 case support and non-
intrusive contact tracing provide supporting documentation that can be submitted to substantiate
against claims that COVID-19 originated in the workplace.
Fiscal Impact
Funding of $40,000 will come from the available Human Resources division as incorporated in
the FY21-22 Annual Operating budget.
Exhibit
A—Agreement
Al- Proposal
B — Original Agreement