Cities Index.
Agenda packet

Mayor and City Council
January 18, 2023

Document
Agenda packet
Meeting
January 18, 2023
Body
Mayor and City Council
Pages
31
Original file
131.1 MB
Text extracted from the city's file for reading and search. Open the original on sanbernardino.primegov.com. That file is the official record.

Packet Pg. 1059
POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

SCHEDULE
Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1

COVERED AUTOS LIABILITY COVERAGE

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph A.1. of Section II - Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section I - Covered Autos Coverages of the Auto
Dealers Coverage Form.

Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy.

AS2-631-510199-322
282
Packet Pg. 1060
POLICY NUMBER: AS2-631-510199-038 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respectto coverage provided by this endorsement, the provisionsof the Coverage Form apply unless modified by the endorsement.

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring.

Premium: $ INCL
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of I 249
Policy Number: AS2-631-510199-322
Packet Pg. 1061
Policy
General Liability
Auto Umbrella
Deductible
$1,000,000
$1,000 for Each Auto ‐ Comprehensive Collision
$3,000,000 General/Professional Liability Self Insured Retention $5,000,00 0 Abuse
or M
olestation Self Insured Retention
WC ‐ Concentra  WC ‐ OHC CA    WC ‐ OHC SWPA
P
olicy #
HAZ 4032244581‐6
AS2‐631‐510199‐322
HMC 4032235752
WA7‐63D‐510199‐352
WA5‐36D‐510199‐312WA7‐63D‐510199‐402
$500,000 Deductible
$250,000 Deductible $100,000 Deductible
Property   ZMD0119116‐06
Excess Liability   C023701‐007
$5
0,000 Property Damage Per Occurrence Deductible EXCEPT:
$150,000 Water or Liquid Damage QUAKE: $100,000 Property Damage and Time Element Combined ‐ Per Occurrence EXCEPT: 5% Property Damage and 5% Time Element Combined At each premises, but not less than $250,000 Property Damage and Time Element combined at any and all premises within defined Earthquake Zone 1. 2% Property Damage and 2% Time Element Combined At each premises, but not less than$250,000 Property Damage and Time Element Combined at any and all premises within defined Earthquake Zone 2.

FLOOD: $ 100,000 Property Damage and Time Element Combined at any and all premises (Per Occurrence) EXCEPT: $ 1,000,000 Property Damage and $1,000,000 Time Element at each Location within a Special Flood Hazard Area $ 250,000 Property Damage and Time Element Combined at each Location within a Moderate Flood Hazard Area $150,000 Self Insured Retention    
 Packet Pg. 1062





 
















 

 

























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 HAZ 4032244581-6
Packet Pg. 1063
POLICY NUMBER: HAZ 4032244581-6 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an add itional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Packet Pg. 1064

WAIVER OF RIGHTS OF RECOVERY

APPLICABLE TO GENERAL LIABILITY COVERAGE FORM
The changes set forth below are applicable only to the Commercial General Liability Coverage Form G145566-A, G-145567-A).

The Healthcare Liability Policy Common Conditions (G-144102-A) are amended as set forth below:

Condition XII., Transfer of Rights of Recovery is amended by the addition of the following:
 Solely within the scope of this endorsement as indicated above, we waive any right of recovery we may have against any person or organization that you have agreed with, in writing, prior to the date of loss, to waive your right to recover against because of payments we make under the Commercial General Liability Coverage Form for injury or damage arising out of your ongoing operations. This endorsement applies only to:

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

GSL6554XX (4-11)

Page 1 ends

Policy No: HAZ 4032244581-6
Endorsement No:

Effective Date: 1/1/2022
Insured Name: Concentra Group Holdings Parent, LLC
© CNA All Rights Reserved.

Packet Pg. 1065

REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR
Rebid RFP F-23-01A

PRE-EMPLOYMENT SCREENING SERVICES

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.ci.san-bernardino.ca.us/
Packet Pg. 1066
1 CITY OF SAN BERNARDINO
NOTICE INVITING PROPOSALS, RFP NO. RFP F-23-01A

PRE-EMPLOYMENT SCREENING SERVICES
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino (“City”) via Planetbids until 3:00 PM until Tuesday, October 18, 2022. Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted.

The City is requesting proposals to provide: Pre-Employment Screening Services The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, https://www.ci.san-bernardino.ca.us/. Firms that anticipate submitting a proposal are required to send an email to the project manager acknowledging receipt of the RFP so that the City can add the firm to its notification list. Please include the contact person, the name of the firm, address, phone number, and e-mail address. All addenda will be published on the City’s website.

For more information regarding the RFP, please contact:

City of San Bernardino Purchasing Department
Precious Carter (Purchasing Manager) Email: [email protected] Packet Pg. 1067
2 CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

PRE-EMPLOYMENT SCREENING SERVICES
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1(“Proposers”) for PRE-EMPLOYMENT SCREENING SERVICES (“Services”).

II. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Professional Service Agreement (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

B. City Contact for this RFP
The principal contact for the City regarding this RFP will be Precious Carter, Manager of (Purchasing Department) and Michelle Parra (Buyer), (909) 384-5086), Email: [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and directed to the City Contact for this RFP, identified above.

All written questions, if answered, will be issued to all prospective proposers via Planetbids. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by 3:00 p.m. local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information and responses to questions prior to submitting a proposal.

1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

Packet Pg. 1068
3 D. Pre-Proposal Meeting
Each Proposer is requested to attend a “non-mandatory” pre-proposal meeting to be held on October 5, 2022, from 10:00 am to 11:00 am via Microsoft Teams Meeting. The Teams Meeting login information will be located with Planetbids. Attendance at the pre-proposal meeting will ensure the Proposer understands the full scope of the Services requested.

E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include one (1) electronic pdf file format via the Planetbids.com website. Please allow time for system to process your bid. Bids will not be accepted after the deadline of October 18, 2022.

Proposals shall be in the following order and shall include:

1. Executive Summary: (limit: 2 pages) Summarize the content of your proposal in a clear and concise manner

2. Table of Contents: (limit: 1 page)

3. Identification of Proposer: (limit: 2 pages)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number

4. Staffing Resources: (limit: 3 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.

Packet Pg. 1069
4 (iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time. (ii) Not Required

5. Experience and Technical Competence: (limit: 3 pages) a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
Packet Pg. 1070
5 (c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing
concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws or
regulations.

Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.
c. Technical Competence
Packet Pg. 1071
6 (i) Description of in-house resources (i.e., computer capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

6. Proposed Method to Accomplish the Work: (limit: 3 pages) Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

7. Fee Proposal: (limit: 2 pages) Please provide a not-to-exceed fee proposal with detailed line times for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”).

8. Insurance: (limit: 4 pages) - not including supporting documentation) See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements.

Proposer shall provide a copy of their Certificate of Insurance showing that their insurance meets the requirements of the city.

9. Litigation: (limit: 3 pages) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

10. Other Information: (limit: 2 pages) This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.
b. Description of community involvement.
c. Description of any previous involvement with the city. d. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

11. Certification of Proposal: This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”

12. Appendices: (limit: 5 pages)
F. No Deviations from the RFP
Packet Pg. 1072
7 In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein. If proposer does not take any exceptions or deviations from the terms and conditions indicated in the agreement, then the proposer must indicate this information by making a statement within the proposal documents.

G. Selection Process

1. The city will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California.
b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
g. Fee proposal.
h. Comments by references (Pass/Fail)
i. Exceptions/Deviations to RFP (Pass/Fail)
j. Litigations (Pass/Fail)
k. Fiscal Stability (Pass/Fail)

2. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

3. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will Packet Pg. 1073
8 proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.

The City Council has the final authority to approve or reject the Agreement.

H. Protests

1. Protest Contents: Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy, or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest shall waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

2. City Review: The City will review and evaluate the basis of the protest, provided that the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest.

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal September 26, 2022
Pre-Proposal Meeting Location: Microsoft Teams
Meeting
October 5, 2022
Last Day to Submit Questions for Clarification
received by the City via Planetbids on or before 3:00 PM October 10, 2022
Clarifications Issued by City on or before 3:00 PM October 13, 2022 Packet Pg. 1074
9 ACTION DATE
Deadline for Receipt of Proposals
submitted on or before 3:00 PM
October 18, 2022
The above scheduled dates are tentative, and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.

All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP shall become the exclusive property of the City and shall become public records under the California Public Records Act. Furthermore, the City shall have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from Packet Pg. 1075
10 disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information.

Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this procurement.

1. Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for system to process your proposal. The Proposal must be received no later than 3:00pm PST, on or before October 18, 2022. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions.

K. General Conditions

1. Amendments to RFP: The City reserves the right to amend the RFP and issue to all Proposers an addendum.

2. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification shall be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.

3. Non-Responsive Proposals: A proposal may be considered nonresponsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

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11 4. Costs for Preparing: The City shall not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.

5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.

6. Price Validity: Prices provided by Proposers in response to this RFP are valid for 120 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.

7. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

8. Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the Proposer whose proposal best meets City’s requirements.

9. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

Publication Date of RFP: September 26, 2022
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0 EXHIBIT A

SCOPE OF SERVICES
The City of San Bernardino is requesting proposals for (Pre-employment Screening Services). The vendor will furnish all materials, permits, supervision, and incidentals as necessary to perform and complete the requested services. The City is seeking proposals for professional services from a qualified firm in supporting their preemployment screening services. Please review the following line items below:

1. Pre-employment medical examinations and evaluations for perspective employees. The objectives of the City pre-employment exam process are to ensure that all candidates for City employment are, a) medically capable to perform job duties, b) not placed in positions that can aggravate existing medical conditions or create hazards to themselves or others, and c) permit maximum accommodation of individuals with disabilities. Physiologic measures required of all applicants will include, but may not be limited to: blood pressure, pulse, respiration, temperature, height, weight, visual acuity (corrected and/or uncorrected), color vision, and urinalysis.

2. Occupational/environmental health exams and evaluations (e.g., respiratory, hearing etc.).

3. Prepare and submit a written summary of medical exam/test results to the City in complete, accurate and understandable style, no later than forty-eight (48) hours after an exam or P.O.S.T. exam. All results, including drug and alcohol results, must be included in this summary. Inform City departmental contact by email within forty-eight (48) hours with complete medical screening results. Provider shall advise City Departmental Contact of any delays. If exam is inconclusive and additional time is required, Provider shall contact the City Departmental contact within the forty-eight (48) hour time period to provide status report.

4. Initiate and/or update and maintain medical/health records on all employees and applicants for whom Contractor provides services. Initiate health records on all City job applicants including, but not limited to the following: health questionnaire, results of all tests, proofs of immunity, examinations, physician consultations, and progress notes with rationale for any additional tests or reports outside of the scope of usual examination. These records and all related materials shall remain the property of the City.

5. Maintain and store all medical records for the term of the contract at no additional cost and in a secure and confidential manner. Should the Agreement be cancelled or expire, these records are the property of the City and shall be made available to the City within two (2) weeks of cancellation or expiration, at no charge to the City.

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1 6. Physical exams must be able to occur within two (2) working days of being requested to do so by the City. Applicants/Employees should wait no longer than thirty (30) minutes from the time of actual appointment, before services are begun.

7. Contractor shall maintain examination centers located within San Bernardino or Riverside County and convenient to the City. The City will consider proposals whose facilities are not in close proximity to the City. The Contractor shall provide services during normal business hours Monday-Friday, City holidays excluded.

Location of services shall be handicapped-accessible and shall conform to all applicable federal, state, and local safety laws.

Bidders must acknowledge all requirements of previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city
BIDDER’S RESPONSE:

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0 EXHIBIT B

CITY OF SAN BERNARDINO

SAMPLE PROFESSIONAL SERVICE AGREEMENT
MODEL PROFESSIONAL SERVICES AGREEMENT – REMOVE THIS TITLE WHEN USED.

USE ONLY FOR PROFESSIONAL SERVICES – DEFINED AS: SPECIALIZED

SERVICES SUCH AS FINANCIAL, ECONOMIC, ACCOUNTING, LEGAL,

ENGINEERING OR ADMINISTRATIVE SERVICES
PLEASE NOTE: THIS PROFESSIONAL SERVICES AGREEMENT MAY NOT BE

USED TO CONTRACT FOR DESIGN SERVICES

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
[***INSERT DESCRIPTION***] (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.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
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1 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” [***Alternatively, the compensation schedule may be described here***]
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice.

The invoice shall describe in detail the services performed and the associated time for completion.

Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. 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. a. Adjustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. [***Additionally, the City may include a CPI price adjustment, delete the following language if such adjustment will not be used***] Annual increases shall be three percent (3%) or the not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. This Agreement shall commence on the Effective Date and shall continue for one (1) year (“Initial Term”). Thereafter, the parties shall mutually agree in writing to extend the Agreement (“Renewal Terms”) and the pricing shall be adjusted as set forth in Section 5.a above. through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”). [***Alternatively, the term can be spelled out in this section without reference to the Exhibit***]

7. Maintenance of Records; Audits.

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2 a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. 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.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed.

Consultant shall complete the services required hereunder within Term.

9. 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 nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event 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. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. 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.

11. Standard of Care. Consultant’s services will be performed in accordance with Packet Pg. 1082
3 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. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B” and incorporated herein by this reference. [***IF NO PERFORMANCE

INDICATORS WILL BE USED DELETE THE ABOVE LANGUAGE AND ACCOMPANYING EXHIBIT B***]

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
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4 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed 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. c. 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 elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

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5 (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.
d. 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.
e. Professional Medical Malpractice Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional medical malpractice 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 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.
f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Aviation and/or Drone Liability [***REMOVE SECTION IF NOT APPLICABLE***]
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
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6 (i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 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 Medical Malpractice Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability $1,000,000 per occurrence limit [***REMOVE IF NOT APPLICABLE***]
(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 only on the Commercial General Liability and Automobile Liability policies. i. 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. j. 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 the 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.

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7 (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 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 provide 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. k. 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.
l 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.

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8 (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. (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 the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. 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.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged 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, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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9 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors 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).
[***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK

SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]If the Services are being performed as part of an applicable “public works” or “maintenance” project, 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.

19. 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.

20. 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 San Bernardino, State of California.

21. 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 such services, based on an amount mutually agreed to by City and Consultant of the portion of Packet Pg. 1089
10 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.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. 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.

27. Organization. Consultant shall assign [***INSERT NAME***] as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. 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 the following addresses and shall be effective upon receipt thereof:

CITY: CONSULTANT:

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11 City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
[***INSERT NAME, ADDRESS & CONTACT
PERSON***]

30. 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.

31. 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.

32. Entire Agreement. This Agreement, including Exhibit “A,” 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 is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. 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.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right Packet Pg. 1091
12 or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. 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.

40. Prohibited Interests. Consultant maintains and warrants that it has neither 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 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 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.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

44. [***DELETE SECTION IF THESE PENALTIES WILL NOT BE USED***] Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be Packet Pg. 1092
13 provided a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.

45. Medical Records.
(a) Custodian. Consultant shall serve as the custodian of medical records created at the clinic during the term of this Agreement. Consultant, as custodian of records shall abide by all local, state, and federal requirements for such record retention during and after the term of this Agreement. Consultant shall also abide by all applicable laws related to Consultant and the medical service record retention. City acknowledges that Consultant will provide copies of medical records to any third-party requestor (with the appropriate executed release from the employee/patient, court order, or business affidavit, as applicable). (b) Access. City understands and acknowledges that the City is not entitled to access any patient medical records except to the extent allowed by law. Consultant is a “covered entity” as enumerated in 45 CFR §160.103. As a covered entity, Consultant may only disclose protected health information as authorized by and to the extent allowed by law. (c) Retention and Destruction. Upon the termination of this Agreement for any reason, Consultant shall maintain all records created against the statutory and regulatory requirements. Should City request records be maintained by Consultant beyond any state, local or federal rule due to an ongoing audit or legal matter, then City shall be invoiced for such retention for as long as such records are retained until written notice from City to destroy such retained records.

This Section 45 shall survive the termination of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
Formatted: Font: 11 pt
Formatted: Font: 11 pt
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14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

PLEASE DO NOT SIGN (SAMPLE

AGREEMENT ONLY)
Signature
Name
Title
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15 EXHIBIT A
[***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***]
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16 [***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE EXHIBIT B***]

EXHIBIT B

KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS

1. Performance Expectations
 A Performance Measurement Plan (“Performance Plan”) will be developed by the City [***INSERT DEPARTMENT***], will be mutually agreed to in partnership with Consultant and will be reviewed on a quarterly basis.
 Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below:
 Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12 month trend of each performance measure  Consultant will attend quarterly meetings scheduled by the City [***INSERT DEPARTMENT***]and present and discuss performance measures  Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis

2. Performance Measures

1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury
b. Safety Measures is related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility

2. Quality:
a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.

3. Cost Savings:
a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the County.

4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made in time. This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier.
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17 Packet Pg. 1097
0 [***OPTIONAL: IF FEDERAL FUNDS ARE INVOLVED, ATTACH FEDERAL FUNDING REQUIREMENTS - DELETE THIS EXHIBIT OTHERWISE***]

EXHIBIT C

FEDERAL REQUIREMENTS
[***INSERT APPLICABLE FEDERAL REQUIREMENTS – REQUIREMENTS WILL CHANGE BASED ON FUNDING SOURCE***]
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Response to:

City of San Bernardino
For:

RFP F-22-62A
Pre-Employment Screening Services
October 6, 2022
Submitted By:

Kaiser Permanente on-the-job®
Catherine V. Bland
Senior Sales Executive
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October 6, 2022
City of San Bernardino
290 North D St.

San Bernardino, CA 92401
Attn: Vanessa Slouka
RE: RFP F-22-62A
Dear Ms. Slouka:

On behalf of Kaiser Permanente, I appreciate the opportunity to respond to the City of San Bernardino’s Request for Proposal for Pre-Employment Screening Services.

As one of California’s largest providers of occupational health and safety services, with 24 clinics throughout Southern California, we are experts in keeping employees safe and healthy on the job. Through Kaiser Permanente on-the-job® (KPOJ), the City of San Bernardino will be able to offer these services to your new hires and employees at any KPOJ in Southern CA, allowing your employees more options of treating close to home or close to the job site. For the purposes of this RFP, the two primary KPOJ locations for the City of San Bernardino are located at:

Kaiser Permanente Fontana Medical Campus, Medical Office Building 3, 9985 Sierra Ave, Fontana, CA 92335 Kaiser Permanente Riverside Medical Campus, 4th Floor, 10800 Magnolia Ave., Riverside, CA 92505 This response will remain valid for a period of not less than sixty (60) days from the date of submittal and should be considered a demonstration of our desire to work with the City of San Bernardino. We are committed to helping you reduce costs, mitigate health and safety risks, and boost employee performance with high quality, cost-effective occupational health, and safety services that:
 Educate employees about on-the-job safety and wellness  Improve employee health and reduce absenteeism and presenteeism  Identify health and safety issues
 Support regulatory compliance
Sincerely,
Catherine V. Bland, RN, CCM, CPUM, CLNC
Sr. Sales Executive
Occupational Health Sales & Account Management
Kaiser Foundation Health Plan
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1. EXECUTIVE SUMMARY
Kaiser Permanente on-the-job® is widely recognized as a leader for occupational health and safety services, our expertise is demonstrated in our:

Focus on prevention and wellness – The focus of our medical care program has always been on prevention and wellness, not just health and safety exams or the treatment of injury and illness. We take this same approach with our fee-for-service occupational health and safety services. For example, we use our proprietary electronic health information system, Kaiser Permanente HealthConnect®, to trend data over time and identify developing work- related health issues, such as hearing or lung function loss, so that employees can take preventive measures before the problem becomes serious.

Highly trained and experienced staff – our highly skilled physicians are dedicated to occupational health services and understand the complexities of workforce regulations. Our technicians are trained, certified, and monitored for regulatory compliance and testing accuracy. Extensive peer reviews and continuing medical education requirements help to ensure that physician and staff quality remains high.

Quality standards – We apply exacting quality standards – the same ones that have earned us NCQA Excellent accreditation for our health plans – and Joint Commission certification for all our hospitals – to our occupational health and safety services program.

So that you can be confident that your employees are receiving high-quality care and service, we have a rigorous program of certification, training, clinical review, and quality improvement that includes:
 Ongoing performance monitoring at the individual provider and department level  Credentialing and recredentialing of physicians and other health care professionals  Patient satisfaction surveys
 Internal surveys and audits
 Evidenced-based practice guidelines at the point of care  Continuing medical education programs to improve clinical skills and effectiveness  Test audits to ensure quality and adherence to relevant regulations Local and regional Permanente Medical Group committees share responsibility for quality oversight and improvement, and they monitor and evaluate the quality and appropriateness of all aspects of care, including service and access, within our occupational health centers. They also identify quality assurance issues and priorities, monitor and report on clinical and provider performance, and sponsor quality improvement initiatives.

We have extensive experience in the services requested within the City’s request for proposal and would be happy to provide the following services to the City of San Bernardino:
 Work Fitness exams
 DOT exams
 DOT drug testing
 First Aid
 Return to Duty Evaluations
 Work related injury care evaluation and treatment
 Respirator Clearance
 Immunization evaluation and Vaccinations
 Maintenance of Medical Records
 TB Testing
We have included a corporate organizational chart below.

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2. TABLE OF CONTENTS
Cover Letter

1. Executive Summary

2. Table of Contents

3. Identification of Proposer

4. Staffing Resources

5. Fiscal Stability – N/A

6. Experience and Technical Competence

7. Proposed Method to Accomplish the Work

8. Fee Proposal

9. Insurance

10. Litigation

11. Other Information

12. Certificate of Proposal

13. Appendices
F. Deviations and Exceptions to this RFP
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3. IDENTIFICATION OF PROPOSER
a. Legal name and address of the company.

Kaiser Foundation Health Plan and Kaiser Permanente on-the-job® in partnership with the Southern California Permanente Medical Group, 1800 Harrison Street, 9th Floor, Oakland, CA 94612. b. Legal form of company (partnership, corporation).

Kaiser Permanente is one of the nation's largest not-for-profit prepaid group practice plans, which represents a partnership between Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals and the Permanente Medical Groups. Kaiser Foundation Hospitals is a nonprofit corporation that owns and operates its own hospitals.

Kaiser Foundation Health Plan is a nonprofit corporation, exempt from tax under Section 501 (c)(3) of the Internal Revenue Code. We have no owner, shareholders, or sponsor. Kaiser Foundation Hospitals is a nonprofit corporation that owns and operates its own hospitals.

Permanente Medical Groups are partnerships or professional corporations of physicians. The full responsibility for providing and arranging the medical care services for members and patients. California is served by The Permanente Medical Group (TPMG) and Southern California Permanente Medical Group (SCPMG). TPMG is structured as a corporation, whereas SCPMG is a partnership. Each Permanente Medical Group takes a cooperative approach to medicine and the management of our medical facilities, with its doctors having the opportunity to present their views on policy decisions. Each PMG conducts its own physician recruitment and staffing and is responsible for maintaining the quality of medical services for the members.

Kaiser Permanente on-the-job® (KPOJ) is a specialty department within Kaiser Permanente that provides occupational health and safety services.
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.” Not applicable.
d. Name, title, address, and telephone number of the proposed representative to contact concerning the Proposal Submittal.

Catherine Bland, RN, CCM, CPUM, CLNC
Sr. Sales Executive
1800 Harrison St., 9th floor
Oakland, CA 94612
Phone: 916 367-3302
Email: [email protected]
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e. California Business License Number
Our City of San Bernardino Business License number is Account #2839. Our City and State business licenses are provided below.

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4. STAFFING RESOURCES
a. Firm Staffing and Key Personnel
i. Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.

Staffing of our clinics is determined by clinic and regional leadership to ensure patient safety and optimum service delivery. KPOJ can provide additional staff, as needed to provide these services to the City. Our clinic staffing for the City of San Bernardino services will consist of the following key personnel:

Assigned Staff – KPOJ Fontana Clinic
Position Name
Project Manager/Sales Executive Cathy Bland, RN
Account Manager Marcus Johnson
Chief Physician Dr. Laurie Hemsley
Clinic Physicians Dr. Laurie Hemsley, Dr. Quincy Bascombe, Dr. Jung Lee, Dr. Thomas Pham Clinic Manager Paul Tigno
Clinic Supervisor Eileen Alegre, RN
Case Coordinator Carlos Ramirez, Patricia Castillo
Clinic Staff Doctors, LVNs, RN Supervisor, Case Processors, Case Coordinators, Admin Assistant
Assigned Staff – KPOJ Fontana Clinic
Position Name
Project Manager/Sales Executive Cathy Bland, RN
Account Manager Marcus Johnson
Chief Physician Dr. Gerald West
Clinic Physicians Dr. Dana Johnson, Dr. Jayveeh Navarro, Dr. Tanvir Mahtab, Dr. Michael Song, Dr.

Zaid Al-Faham, Dr. Gregory Bouyer
Clinic Manager Chandra Charles
Clinic Supervisor Esther Castillo
Case Coordinator Cindy Marquez, Sylvia Lherisson
Clinic Staff Colette Hunter, Marcy Vandenberg, Lynette Ruiz, Cherrie Cobarruvias, Melody McConnaughey, Robert Benavides
ii. Identify three (3) persons that shall be principally responsible for working with the City.

Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.

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Name and Position Responsibility
Cathy Bland, RN - Project
Manager/Sales Executive
Primary contact between the City and the KPOJ clinics during the contracting and implementation of services.

Marcus Johnson - Account Manager Liaison available to the City who will assist with ongoing partnership and coordination of Stewardship meetings between KPOJ and the City of San Bernardino following successful implementation of services.

Yolanda D. Parra- Project Manager
III
One of the Southern California Permanente Medical Group’s regional experts on Occupational Health and Safety Services. Will work with the City to coordinate billing and coordinate the Mobile Health vehicle, should the City elect to utilize the Mobile Health Vehicle for some aspects of service delivery. iii. Describe proposed team organization, including identification and responsibilities of key personnel. Please include one-page resumes.

Team Organization – KPOJ Fontana Clinic
Position Responsibility
Cathy Bland, RN - Project Manager/Sales
Executive
Primary contact between City and the KPOJ clinics during the contracting and implementation of services.

Marcus Johnson - Account Manager Liaison available to the City who will assist with ongoing partnership and coordination of Stewardship meetings between KPOJ and the City following successful implementation of services.

Dr. Laurie Hemsley - Chief Physician Provides leadership and oversees the operations and services for occupational health
clinic.

Dr. Laurie Hemsley, Dr. Quincy
Bascombe, Dr. Jung Lee, Dr. Thomas
Pham - Clinic Physicians
Primary providers for occupational health services in addition to the key personnel noted above.

Paul Tigno - Clinic Manager Provides the day-to-day management of the occupational health clinic.

Eileen Alegre, RN - Clinic Supervisor Provides the day-to-day supervision of key clinic staff.

Carlos Ramirez, Patricia Castillo - Case
Coordinators
Provides coordination of medical treatment, referrals, work status, authorizations, and clearance.

Clinic Staff - Doctors, LVNs, RN
Supervisor, Case Processors, Case
Coordinators, Admin Assistant
Provides the day-to-day patient care and coordination of services.

Team Organization – KPOJ Riverside Clinic
Position Responsibility
Cathy Bland, RN - Project Manager/Sales
Executive
Primary contact between City and the KPOJ clinics during the contracting and implementation of services.

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Marcus Johnson, Executive Account
Manager -
Liaison available to the City who will assist with ongoing partnership and coordination of Stewardship meetings between KPOJ and the City following successful implementation of services.

Dr. Gerald West - Chief Physician Provides leadership and oversees the operations and services for occupational health clinic.

Dr. Dana Johnson, Dr. Jayveeh Navarro,
Dr. Tanvir Mahtab, Dr. Michael Song, Dr.

Zaid Al-Faham, Dr. Gregory Bouyer –
Clinic Physicians
Primary providers for occupational health services in addition to the key personnel noted above.

Chandra Charles - Clinic Manager Provides the day-to-day management of the occupational health clinic.

Esther Castillo - Clinic Supervisor Provides the day-to-day supervision of key clinic staff.

Cindy Marquez, Sylvia Lherisson - Case
Coordinators
Provides coordination of medical treatment, referrals, work status, authorizations, and clearance.

Clinic Staff - Colette Hunter, Marcy
Vandenberg, Lynette Ruiz, Cherrie
Cobarruvias, Melody McConnaughey,
Robert Benavides
Provides the day-to-day patient care and coordination of services. iv. Provide brief biographies of individuals that shall be working directly with the City.

Catherine Bland, RN, CCM, CPUM, CLNC, Sr. Sales Executive Cathy is responsible for identifying key employers, carriers and third-party administrators that would benefit from Kaiser Permanente On-the-Job programs and services. Through understanding the occupational health and safety programs of KPOJ customers and potential customers she defines and implements injury care and employment health services that meet the needs of the clients she serves.

Cathy works closely with Kaiser Permanente Account Managers to implement integrated programs and to ensure that client specifics are identified and adhered to at the clinic level.

Cathy is a Registered Nurse who has obtained certifications in Case Management, Utilization Management, and Legal Nurse Consulting. She has 26 years of workers compensation case management experience. She has been a nurse for over 30 years and has extensive background in hospital-based nursing; specializing in critical care and cardiology
Cathy divides her work time between Northern and Southern CA. Cathy has two adult children and when not working enjoys spending time camping, fishing, boating and hiking.

Sr. Sales Executive, Kaiser On-the-Job 2012 - Present
Sr. Account Manager, Kaiser On-the-Job 2010- 2012
National Account Manager, (CorVel) 2007 - 2010
Area Manager Northern Ca and Nevada (CorVel) 2005 - 2007 Concord District Manager (CorVel) 2004 - 2005
Regional UM Manager (GENEX Services) 1996 - 2004
Case Manager (Friendly Hills Health Network) 1995 - 1996 House Supervisor (Western Medical Center) 1994 - 1995
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Utilization Review Supervisor (PacifiCare) 1993 - 1994
Staff Nurse (Sutter Memorial Hospital) 1988 - 1993
Staff Nurse (Western Medical Center) 1985 - 1988
________________________________________________________________________ YOLANDA D. PARRA, PROJECT MANAGER III

EXPERIENCE
Southern California Permanente Medical Group Oct 2008 - Present  Program management and oversight of the Occupation Health & Safety Service (OHSS) program for Kaiser Permanente On-the-Job (KPOJ) focusing on health plan membership conversions  Developed collaborative partnerships with various regional departments including IT, PFS, SSD, Clinical Content, National Proposal Development, Clinic Staff (front-end and back-end), Outside Contracting, Procurement
 Coordination of specialized clinical training and equipment purchasing /maintenance with external vendors in collaboration with BioMed and local medical center protocols and polices  KPHC process development in collaboration with technical business partners from concept to implementation  Consulting for large and small employer contracting/agreement to implement pre-employment, annual screening, and surveillance clearances. Identified and managed out-of-the norm processes in meeting the account needs satisfactorily

EDUCATION

UNIVERSITY OF LAVERNE
La Verne, CA
Doctor of Public Administration (D.P.A) (Jun 2020)
Master of Health Administration (M.B.A.) (2008)
Master of Science (M.S.) Gerontology (2008)
Bachelor of Science (B.S) Organizational Management (2005) ________________________________________________________________________ Gerald Ivan West, M.D., M.S.

Staff Physician, Department of Occupational Health

MEDICAL EDUCATION
MEHARRY MEDICAL SCHOOL, Nashville, TN - M.D., M.S, Degree 2001 MOREHOUSE COLLEGE, Atlanta, GA - BA Degree 1995

POST GRADUATE TRAINING
UNIVERSITY OF CALIFORNIA, IRVINE - Occupational and Environmental Residency, 2007 UNIVERSITY OF CALIFORNIA, IRVINE - Internal Medicine Residency, 2004

PROFESSIONAL EXPERIENCE
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Kaiser Permanente - Department of Occupational Health, Riverside, CA Staff Physician, 2007 – Present
Medical Chief for Occupational Health, 2014 – Present
Kaiser Permanente, Department of Internal Medicine, 2004-2005

LICENSURE
California

CERTIFICATION
Board Certified Occupational Medicine
Board Certified Internal Medicine
Physician and Surgeon, Medical Board of California
________________________________________________________________________ Lauri Hemsley, MD, MPH
Fontana Kaiser Permanente on-the-job

MEDICAL EDUCATION
UNIVERSITY OF CALIFORNIA LOS ANGELES, Los Angeles, CA – MPH Degree1994 LOMA LINDA UNIVERSITY MEDICAL SCHOOL, Loma Linda, CA – MD Degree 1991

POST GRADUATE TRAINING
UNIVERSITY OF SOUTHERN CALIFORNIA, Los Angeles, CA – Residency in Occupational Medicine, 1992-1994
LOMA LINDA UNIVERSITY HOSPITAL, Loma Linda, CA – Internship in Internal Medicine, 1991-1992

PROFESSIONAL EXPERIENCE
Kaiser Permanente - Department of Occupational Health, Fontana, CA Staff Physician, 1995 – Present
Family Practice Clinic, San Bernardino, CA 1992-1995

LICENSURE
California

CERTIFICATION
Board Certified Occupational Medicine
Qualified Medical Examiner
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Paul Tigno, MBA, Department Administrator
Paul oversees daily clinic operations of the Department. He communicates with outside Employers, Employees, Insurance Carrier’s Nurse Case Managers and Adjusters with any questions and feedback that they may have.

He continuously ensures that appropriate staffing and material supply levels are adequate for Occupational Medicine practices, as well as maintaining clinical continuity and optimization. Paul strives for providing the quality and customer care clients expect in a Work Comp Health Care Provider.

Paul partners with the Kaiser Permanente Sales Account Management Team by meeting with customers, as well as potential customers, with facilitating informational gathering sessions to explain our delivery of services and identify customer needs.

Paul is a manager who has over eighteen years of project management, consulting, conflict resolution, training, and healthcare informatics experience. He holds a Master in Business Administration and Batchelor in Information Technology.

Paul enjoys his free time with fishing, camping and paintball. Movies are a favorite as Sci Fi, fantasy, comedy, and horror are genre films to watch with his wife.

Department Administrator, Kaiser Permanente on-the-job 2019 – Present Assistant Department Administrator, Kaiser Permanente Orthopedics/Podiatry 2011- 2019 Workflow Consultant, Kaiser Permanente Business Optimization 2009 - 2011 Project Manager II, Kaiser Permanente System Solutions & Deployment 2006 - 2009 HIM Supervisor, Los Angeles County Probation Health Information Management 2004 - 2006 HIM Supervisor, Los Angeles County Health Department 2003 - 2004 EMT, Greybor Ambulance and Transport 1999-1999
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

KPOJ is the prime contractor for this response. We do not plan to utilize any subcontractors to fulfill the requirements of this contract.

We subcontract on a very limited basis with physicians and other health care professionals for primary and specialty care services to provide additional support to our clinic Physicians. These contracts are negotiated by the medical groups and may include reimbursement methods such as per diem, per case, and fee-for-service.

Our substance abuse program is typically administered by Quest, a third-party administration firm specializing in private and public sector substance abuse testing programs. We provide urine specimen collection services and breath alcohol testing, while Quest provides laboratory services, Medical Review Officer (MRO) services, afterhour testing, reporting, training, and assistance with employer policy development and record keeping requirements. Collection is available both on and off site. If desired, we will act as a collection site for the City of San Bernardino’s third-party administrator for drug screening services. Should the City elect to use their TPA we will require a supply of collection kits, chain of custody forms, and information about the courier service.

5. FISCAL STABILITY – NOT APPLICABLE
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6. EXPERIENCE AND TECHNICAL COMPETENCE
a. Experience
i. The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

Kaiser Permanente is recognized as one of the United States’ leading health care providers and not-for-profit health plans. We currently serve 12.5 million members in 8 states and the District of Columbia. Care for members and patients is focused on their total health and guided by their personal Southern California Permanente Medical Group physicians, specialists, and team of caregivers. Our expert and caring medical teams are empowered and supported by industry-leading technology advances and tools for health promotion, disease prevention, state-ofthe-art care delivery, and world-class chronic disease management. We are dedicated to care innovations, clinical research, health education, and improving community health.

Kaiser Permanente has offered occupational health and safety services since 1993. We are one of the largest providers of occupational health services in California. Our program provides a wide range of workers’ compensation medical care and occupational health and safety services to employers, unions, health and welfare trust funds, and insurers. KPOJ operates 24 occupational health centers in Southern California, and 29 occupational health centers in Northern California staffed with occupational health physicians, case managers, nurse practitioners, physical therapists, and psychologists.

The Fontana and Riverside KPOJ clinics are deemed to be the primary clinics for this RFP to offer your employees the highest quality care. However, all Kaiser Permanente Occupational Health Centers are equipped and staffed to provide the services denoted within this RFP.

Description of Experience. Below we describe how KPOJ will meet the goals and fulfill the general functions identified in Exhibit A – Scope of Services in this RFP.

Work fitness exams. A Fitness exam determines the continued safe performance of job tasks. The evaluation includes an assessment of the employee's ability to safely perform the essential tasks related to his or her current position.

The employer must provide the performance problem or request for accommodation prompting the evaluation.

Under federal and state laws, Return to Work and Fitness for Duty evaluations are restricted to job-related issues. As appropriate, the evaluations include:
 Review of job description, including essential tasks and environmental factors related to the current medical condition(s)
 Review of records
 Review of medical history and current treatment(s)
 Focused physical examination
 Written evaluation of employee's ability to return to work and need for accommodation All information obtained from periodic evaluations is confidential. The employee will need to sign a Health Insurance Portability and Accountability Act (HIPAA) release form at the time of registration in order for us to release any medical information to the employer. HIPAA permits us to disclose certain treatment and payment information with workers' compensation payers and benefit administrators. However, disclosures to an employer of treatment or evaluation information by medical providers' will be limited by HIPAA regulations.

DMV/DOT Exams: Our Department of Transportation/Department of Motor Vehicles (DOT/DMV) medical evaluations are compliant with all applicable standards including the rule effective May 21, 2014, requiring only providers registered as Certified Medical Examiners in the National Registry of Certified Medical Examiners (NRCME) to conduct physical examinations for all commercial motor vehicle (CMV) drivers.

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Our long-standing commitment to prevention and wellness provides an added value to the medical evaluation by targeting risk reduction for the benefit of the future employee and consequently for the benefit of the employer. A Pre-placement examination may be combined with a DMV/DOT License complying with Department of Transportation (DOT) regulations. The medical certificate will be valid for two years (unless an existing medical condition requires a shorter certification period).

DMV/DOT Exams include the following:
 Occupational and medical history, including review of past injuries, illnesses, and prior disabling claims; especially related to musculoskeletal conditions, back and motor vehicle operation tasks  Vital signs along with height and weight
 Physical examination including skin, eyes, ears/nose/throat, heart, lungs, abdomen, nervous system  Musculoskeletal evaluation directed toward past problems and motor vehicle operation tasks: focused back evaluation, neck and upper extremity functional assessment, lower extremity functional assessment, individual interpretation of regulations, identification of renewal interval (two years or less depending on medical conditions), completion of forms and certificate  Vision testing (far, near, color, peripheral) and hearing screen ((Whisper Test/Audiogram)  Dipstick urinalysis
 DOT urine drug screen collection
 Breath Alcohol Testing (DOT 49CFR, part 40)
 Physician assessment and decision based on DOT regulations DOT medical certificate will be provided to the employee as soon as all medical information and/or necessary testing is completed. A copy of the DMV/DOT certificate will be provided to the employer within 24 hours of the certificate being completed.

Mental health evaluation. KPOJ declines to bid on this portion of the RFP Drug and Alcohol Screening: Our occupational clinic staff provide drug screen collection and are trained in Chain of Custody procedures, including specimen collection and National Institute for Drug Abuse (NIDA) and non-NIDA collection requirements. In compliance with 49 CFR Part 40 and the Department of Transportation (DOT) regulations, we require all staff to complete a training course for urine drug screen collections prior to any drug screen collection. In addition, our staff is current with breath alcohol technician training and demonstrates proficiency in accordance with 49 CFR Part 40.

Breath alcohol testing is provided in all our occupational health centers. Our equipment meets DOT/DMV standards and is on the National Highway Traffic Safety Administration’s Conforming Products List for instruments that conform to the model specifications for Evidential Breath Testing Devices. The occupational health technicians who perform breath alcohol testing have all successfully completed a DOT certification course.

Our substance abuse program is typically administered by Quest, a third-party administration firm specializing in private and public sector substance abuse testing programs. We provide urine specimen collection services and breath alcohol testing, while Quest provides the laboratory services, Medical Review Officer (MRO) services, reporting, training, and assistance with employer policy development and record keeping requirements.

Our clinics will also act as a collection site for City of San Bernardino’s third-party administrator, should City of San Bernardino elect to use a different TPA/MRO.

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First aid treatment. Kaiser Permanente On-the-Job (KPOJ) protects your business with our occupational health programs. All City of San Bernardino employees — even those who aren’t Kaiser Permanente members — can obtain first aid and injury care treatment for work-related injuries and illnesses through KPOJ, a fully integrated department within Kaiser Permanente. Your employees may seek care at any of clinics in Southern CA, allowing them to obtain first aid and injury care treatment close to their home or work. Our physicians believe that working in modified or full duty capacity is an important part of the healing process and will provide appropriate functional restrictions based on the diagnosis, symptoms and physician’s exam finding.

With our experienced Telehealth/Video medicine protocols you can be assured that your employees will be cared for in the most medically appropriate environment for their specific healthcare needs; either in person or via telephone/video.

When you include KPOJ as part of your larger health care strategy, you benefit from our coordinated approach to care. Unlike programs run by third-party workforce health vendors, our workforce health programs are integrated and connected to a patient’s electronic medical record. Our occupational clinics are fully integrated with Kaiser Permanente medical and specialty care providers, hospitals, and health plan with a focus on your employees’ health and wellness.

Most of our occupational health centers are located on Kaiser Permanente medical campuses, allowing for one stop access that enables your employees to get the care they need when they need it, with easy referrals to radiology, and specialty care, as well as onsite lab testing, pharmacy, and more. This means less time away from work for your employees and money saved on mileage costs.

Our clinics provide:
 Specialized care for work-related injuries and illnesses  Skilled physicians who are board certified or board eligible in occupational medicine or a related specialty  Kaiser Permanente On-the-Job physicians will coordinate all aspects of care throughout the recovery process
 Case managers and/or case coordinators are available to assist the City, the injured worker or the City’s workers’ compensation payer.
 Urgent and after-hours care available 24 hours a day, every day  Coordinated clinical services, including radiology, specialty care, and pharmacy  Coordinated referrals to physical therapy within your designated Medical Provider Network

Return to duty evaluations. We will evaluate an employee's ability to return to work following an absence, disability, or serious medical condition. The evaluation includes an assessment of the employee's ability to safely perform the essential tasks related to his or her current position.

The employer must provide information related to the medical absence and the employer’s concern related to the employees return to work prompting the evaluation.

Under federal and state laws, Return to Work and Fitness for Duty evaluations are restricted to job-related issues. As appropriate, the evaluations include:
 Review of job description, including essential tasks and environmental factors related to the current medical condition(s)
 Review of records
 Review of medical history and current treatment(s)
 Focused physical examination
 Written evaluation of employee's ability to return to work and need for accommodation All information obtained from periodic evaluations is confidential. The employee will need to sign a Health Insurance Portability and Accountability Act (HIPAA) release form at the time of registration in order for us to Packet Pg. 1139
release any medical information to the employer. HIPAA permits us to disclose certain treatment and payment information with workers' compensation payers and benefit administrators. However, disclosures to an employer of treatment or evaluation information by medical providers' will be limited by HIPAA regulations.

Transportation services. KPOJ declines to bid on this portion of the RFP Medical examinations and evaluations as requested to determine if an injury is work related: As part of initial injury care treatment our experienced occupational health physicians will evaluate the injury or illness regarding the injury or illness having arisen out of the course of employment and during the course of employment and will report their assessment in their initial report to the claims payer. Please note that all claim determinations must be made by the workers’ compensation claims payer. Should the physician determine the injury or illness is not related to the course of employment the KPOJ physician will explain the medical rationale to the employee and refer the patient to their personal physician for care. Should the employee be a Kaiser Permanente member the KPOJ clinic will facilitate future care with the employee’s personal Kaiser Permanente Physician.

Respiration clearance examinations, proof of immunization services, and proof of immunity exams:

Respiratory Clearance (Pulmonary Function Test/Spirometry): To help ensure your employees are physically able to work safely with a respirator, we offer respirator clearance medical examinations. As required by the Occupational Safety and Health Administration (OSHA), clearance takes place before fit testing or training for respirator use. The assessment includes:
 Physician or registered nurse review of respirator questionnaire  Focused occupational and medical history
 N-95 fit testing
 Focused physical examination
 Spirometry
 Physician interpretation and written clearance
Our examinations comply with regulatory agencies (federal, state, and local), accreditation agencies, and the Center for Disease Control and Prevention (CDC)/National Institute for Occupational Safety and Health (NIOSH) guidelines. If the physician identifies potential risk factors for the employee in the respirator questionnaire, the patient history or examination, other tests, such as exercise stress testing, may be required before clearance.

Supplementary tests can often be performed by us, at an additional cost.

Vaccinations: Vaccinations and titers, including Hepatitis A, Hepatitis B, Rabies, Tetanus (Tdap), and other communicable diseases are available through KPOJ. KPOJ offers Hepatitis screening as clinically indicated post exposure. KPOJ also offers Hepatitis Titers to identify employees at risk for exposure during their course of employment through our Occupational Health and Safety Services during a preemployment exam.

Hepatitis Series:

KPOJ offers Hepatitis B vaccination and titers. Hepatitis B Vaccination is a series of 3 injections when clinically indicated unless the City allows employees to decline vaccinations.

KPOJ offers Hepatitis A vaccination and titer. Hepatitis A Vaccination is a series of 2 injections, when clinically indicated, unless the City allows employees to decline vaccinations.

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TB Tests. KPOJ provides PPD/TB Clearance (PPD/TB) for baseline, annual and periodic testing, as well as QuantiFERON lab-based TB testing. Tuberculosis (TB)/PPD skin test can include:
 Purified protein derivative skin tests to help control and prevent the spread of TB.  Two-step testing, with a second test performed approximately one week after the first.

Results from both tests are read 48 to 72 hours after administration. Two-step testing enables us to obtain important baseline information that helps to differentiate in subsequent tests between positive “boosted” reactions due to past infections and positive reactions caused by new TB infections.

KPOJ also offers lab based QuantiFERON as an alternative to TB/PPD skin testing.

TB On-Site Services: KPOJ will provide on-site TB testing services for the City of San Bernardino with a minimum of thirty (30) days’ notice. On-site services must be scheduled for mutually agreed upon dates and times. On-site services typically require a minimum of 30 employees scheduled on any given day. Onsite fees may be waived, based on the number of employees scheduled for services. Other services available onsite include physical exams, vaccinations, respirator clearance and fit testing, and lab work.

Maintain and store all medical records for the term of the contract at no additional cost and in a secure and confidential manner: An electronic medical record is created for each patient in our integrated health management system. All medical records will be maintained for a minimum of the life of the contract in a confidential secure manner, at no charge to the City or the patient.

All records and test results obtained via examinations conducted under the contract shall be considered the property of and owned by the medical provider and will be retained by Kaiser Permanente during the term of the contract. These records will not be released to anyone, except with the written permission of the patient, or as required by regulations for the adjudication of the workers’ compensation claims. Clearance reports will be sent to the employer within 24 hours of having all information necessary to complete the Clearance report. Work Status reports for injury care treatment will be sent to the employer the same day.

Qualified Staff. We have trained and certified physicians and other health care professionals at each of our occupational health centers who are qualified and dedicated to providing high quality services to your employees.

We require all physicians to fulfill Continuing Medical Education (CME) requirements. We also provide specialized programs for advanced practice nursing, medical technologists, and physical/occupational therapists that help fulfill their license requirements for CME.

Our Medical Assistant/ Certified Occupational Health Technician (MA/COHT) is a healthcare assistant who performs non-invasive routine technical support services under the specific authorization, supervision, and direction of and for a licensed physician. Kaiser Permanente on-the-job® has a specialized program to certify Medical Assistants for Occupational Health.

All personnel performing audio screening are certified by the Council on Accreditation of Occupational Hearing Conservation (CAOCH); personnel performing spirometry screening (pulmonary function testing) are certified through a National Institute for Occupational Health and Safety (NIOSH)-approved spirometry course; and personnel performing breath alcohol testing are certified Breath Alcohol Technicians. Certificates are available for review upon request.

All personnel performing spirometry screening (pulmonary function testing) are certified through a National Institute for Occupational Health and Safety (NIOSH)-approved spirometry course.

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Locations and business hours. For the purposes of this RFP, the two primary KPOJ locations for the City of San Bernardino are located at:

Kaiser Permanente Fontana Medical Campus, Medical Office Building 3, 9985 Sierra Ave, Fontana, CA 92335 Kaiser Permanente Riverside Medical Campus, 4th Floor, 10800 Magnolia Ave., Riverside, CA 92505 Additional Exams and Services:

Pre-employment Exams
Standard pre-employment examinations through KPOJ include medical evaluations to determine a job applicant's current limitations in relation to the essential job tasks identified by the employer. Pre-placement examinations provide valuable information to the employer to assist them in determining applicants' fitness to perform essential job tasks, making reasonable accommodations for safety, and in complying with the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA). Pre-placement evaluations are also required for Occupational Safety and Health Administration (OSHA)-regulated medical surveillance.

We are prepared to perform physical exams according to City of San Bernardino job classifications or assignments. If KPOJ is selected as the City of San Bernardino medical provider for these services, we will review each job classification and job description that includes physical requirements related to environmental conditions.

Kaiser Permanente physicians conduct a typical pre-placement exam as follows:
 Occupational and medical history, including review of past injuries, illnesses, and disabling claims, especially related to musculoskeletal conditions, back and Repetitive Motion Injuries (RMI’s) that are directly related to the applicant's job tasks  Review of employer job descriptions which include essential tasks and environmental factors  Vital signs, height, and weight
 Physical examination focused on job tasks, for example:
o Musculoskeletal evaluation directed toward past problems and current job tasks o Focused back evaluation
o Neck and upper extremity screening (over 10 separate assessments and maneuvers)
o Lower extremity functional assessment
o Vision testing (far, near, color, peripheral)
o Hearing screen (Whisper Test)
o Physician assessment and medical recommendation for applicant placement including:
 Recommendations for accommodation
 Recommendations for placement restrictions
 Recommendations for further evaluation prior to final employer decision  Discussion of wellness issues with applicants
Cardiology: Electrocardiograph (ECG or EKG) testing and Stress testing is available through Kaiser Permanente.

The KPOJ clinic will coordinate all aspects of the ECG, EKG and/or Treadmill testing associated with the health and safety clearance.
ii. Describe the past experience of the staff to be assigned to perform the Services in performing similar services.

We have trained and certified physicians and other health care professionals at each of our occupational health centers who are qualified and dedicated to providing high quality services to your employees. We require all Packet Pg. 1142
physicians to fulfill Continuing Medical Education (CME) requirements. We also provide specialized programs for advanced practice nursing, medical technologists, and physical/occupational therapists that help fulfill their license requirements for CME.

Our Medical Assistant/ Certified Occupational Health Technician (MA/COHT) is a healthcare assistant who performs non-invasive routine technical support services under the specific authorization, supervision, and direction of and for a licensed physician. Kaiser Permanente on-the-job® has a specialized program to certify Medical Assistants for Occupational Health.

All personnel performing audio screening are certified by the Council on Accreditation of Occupational Hearing Conservation (CAOCH); personnel performing spirometry screening (pulmonary function testing) are certified through a National Institute for Occupational Health and Safety (NIOSH)-approved spirometry course; and personnel performing breath alcohol testing are certified Breath Alcohol Technicians. Certificates are available for review upon request.

All personnel performing spirometry screening (pulmonary function testing) are certified through a National Institute for Occupational Health and Safety (NIOSH)-approved spirometry course. iii. The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of Services for public clients.

Kaiser Permanente on-the-job® has been offering occupational health and safety services for 29 years, since 1993. We are one of the largest providers in California. We have a broad client base, and we are the provider of choice for a wide variety of private businesses and public sector clients, such as municipalities as well as both state and federal government departments. Our clinics all have extensive experiences in providing the scope of services within this RFP.
iv. Provide three (3) references regarding the Proposer’s experience and performance performing similar services. Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2) project size and description, if applicable, and description of services.

County of San Diego, San Diego, CA
Suzann Charney, Risk Manager, HR Services, (858) 694-3756, [email protected] Description of Services: Occupational Health & Safety Services: Preplacement Physical exams, POST exams, DMV/DOT exams, Drug Screen collection, Audiogram, Respirator Fit Tests, Hazardous Waste/Emergency Worker testing, etc.

City of Ventura, Ventura, CA
Valerie Barroso, Assistant Human Resources Director, (805) 654-7854, [email protected] Description of Services: Occupational Health & Safety Services: Preplacement Physical exams, Police/Firefighter/Dispatch exams, DMV/DOT, Respirator Medical Evaluation, Fitness for Duty/Return to Work, Drug Screen collection (DOT/ Non-DOT), Breath Alcohol testing, Audiogram, PPD/TB, Vaccines – various, etc.

Orange Unified School District, Orange, CA
Diana Gaeta, CSRM Director, Risk Management and Safety, (714) 628-5390, [email protected] Description of Services: Occupational Health & Safety Services: Respirator Medical Evaluation, Fit Testing v. Describe the Proposer’s local experience and knowledge of City.

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Kaiser Permanente is a long-term community partner with the City of San Bernardino. We have provided grant funding for the City of San Bernardino, Community services dept to support summer pools, "Operation Splash" for at least 10 years. City of San Bernardino is also a key partner is community collaborations called Uplift San Bernardino, which includes San Bernardino City Unified School district, several other strategic organizations plus National CORE, nonprofit housing developer to overall improve life for people living, working in San Bernardino.

Community health in San Bernardino is central to our mission because healthy communities are where people thrive. Like our approach to medicine, our work in the community takes a prevention-focused, evidence-based approach. In pursuit of our mission, we go beyond traditional corporate philanthropy and grant-making to leverage our internal resources with our physician expertise, clinical practices, health education expertise, and technical assistance. Our commitment to community includes a robust engagement process that lifts the voice of community members and highlights priority health needs in our 2019 Community Health Needs Assessments (CHNA) and 2019 Community Engagement Summaries (CES). Through this process, Southern California Kaiser Foundation Hospitals identified urgent social and economic factors that negatively impact community health.

Based on the CHNA findings, the 2020 – 2022 Implementation Strategy (IS) Plans for Kaiser Foundation Hospitals apply a health equity lens to outline our commitment to invest, partner, and drive change to improve the health of individuals in communities we serve.

At Kaiser Permanente, we believe in using the full range of our organization’s assets to improve the health of the communities we serve. We regularly gather data and seek input from our community partners and members to inform our investments and to guide the development of strategies that can make long-term, sustainable change and improve health. We are pleased to share our 2021 Community Benefit Year-End report for Kaiser Foundation Hospitals in Fontana and Ontario that summarize our efforts and highlight specific strategies and resources we deployed to respond to the prioritized health needs in those communities. b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include (a) Role of the firm
(a) Dollar value of the services
(b) Dollar value of the fee
(c) Description of services
(d) Staffing
(e) Duration of providing services
(f) Relationship to client
(g) Contact name, position, entity name, telephone number, fax number and e-mail address for each project.

We consider this information to be proprietary.

KPOJ is one of the largest providers of occupational health services within the state of California. We have an extensive employer base that is comprised of private businesses and public sector clients such as municipalities and state and federal government departments. Please refer to the references provided as a small sample of KPOJ services agreements/contracts.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional services agreement once selected. (b) Withdrawal of a proposal as a result of an error.

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(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal or local agency. (e) Involvement in litigation, arbitration or mediation. Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. Knowing concealment of any deficiency in the performance of a prior contract. (f) Falsification of information or submission of deceptive or fraudulent statements in connection with a contract.
(g) Willful disregard for applicable rules, laws or regulations.

Information regarding any of the above may, at the sole discretion of the City, be deemed to indicate an unsatisfactory record of performance.

During the normal course of business, the Health Plan becomes involved in civil litigation such as commercial or contractual disputes. In management's opinion, the legal actions against the organization will have no material adverse effect on the Health Plan's finances or operations, nor will such litigation disrupt the health care services we propose to deliver because the litigation is well managed and because we have sufficient financial resources (insurance and reserves) to cover our costs, continue delivering health care services, and pay our staff. Health Plan has not had criminal or antitrust litigation against it during the past five years. Additional information is available upon request.

In management's opinion, litigation against the Health Plan will not disrupt the services we propose to deliver because the litigation is well managed and because we have sufficient financial resources (insurance and reserves) to cover our costs, continue delivering health care services, and pay our staff. c. Technical Competence
(i) Description of in-house resources (i.e., computer capabilities, software applications, modem protocol, modeling programs, etc.)
Kaiser Permanente HealthConnect®. As the largest, most comprehensive civilian electronic health record (EHR) system in America, Kaiser Permanente HealthConnect® securely links Kaiser Permanente facilities across the nation, making each member’s current medical record securely available when and where it is needed. KP HealthConnect improves coordination of care by merging medical information into one central, secure database.

KP HealthConnect is utilized to deliver integrated care for members and non-members that receive care through KPOJ.

Pharmacy records and lab results, among other data, are accessible around the clock by KPOJ Occupational Physicians, mitigating the possibility of error that can develop with handwritten documentation. Physicians and pharmacists see drug alerts, which warn them of adverse reactions that might occur if patients receive certain combinations of medications simultaneously. As a result, potential miscommunication can be circumvented, and clinicians are assisted in providing the proper protocols and treatment. KP HealthConnect also tracks preventive care and helps ensure that critical appointments are kept.

Virtual Visits. In 2020, Kaiser Permanente took its suite of telehealth offerings to the next level by providing an opportunity to connect with a provider via video in real-time to address their care needs. The convenience of video visits will be available to City of San Bernardino employees as medically appropriate. Video visits may be conducted from a desktop, laptop, or mobile device.

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Patients receive continuity of medical care from their trusted KPOJ Primary Treating Physician, whether visits are in person, virtual, or a combination of the two. KPOJ front office staff, nurses, and physicians are available to support both video and in-person visits.
(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

KPOJ has a strong organizational team that is fully trained and committed to provide the services you require. We have a team of individuals with clear responsibilities with the singular goal of satisfying your needs. Our trained and certified physicians and health care professionals are qualified and dedicated to providing high quality services to your employees. In addition to our occupational physicians, our clinics have access to Kaiser Permanente’s specialty physicians and departments that may be needed as part of pre-placement exams and DOT exams. An example is the ability to coordinate Sleep Apnea Studies through Kaiser Permanente when they are clinically indicated. Our clinics are located on Kaiser Permanente medical campuses that offer ancillary services such as laboratory, radiology, and pharmacy services.

Occupational Health Organizational Team & Structure:
 Chief Physician - Provides leadership and oversees the operations and services for occupational health centers.
 Lead Physician - Manages the occupational health center under the direction of the Chief Physician.  Clinic Manager - Provides the day-to-day management of the occupational health centers.  Other Personnel - We have medical personnel such as registered nurses, physician assistants and Packet Pg. 1146
medical technicians on staff at each occupational health center.  Sales Executive - Primary responsibility for the implementation process between City of San Bernardino and Kaiser Permanente Occupational Health. Following implementation, the Sales Executive will be back up the Account Manager when the Account Manager is out of the office to ensure City of San Bernardino should any issues or concern occur during the Account Manager’s absence.  Account Manager - Will be your key contact to ensure ongoing quality and consistency of our program.

Your designated Kaiser Permanente On-the-Job® Account Manager will schedule stewardship meetings and coordinate with the clinic managers to ensure that your specific needs are met. Kaiser Permanente on-the-Job® has a strong organizational team that is fully trained and committed to provide occupational health & safety services. We have a team of individuals with clear responsibilities with the singular goal of satisfying your needs. We have provided information on our Kaiser Permanente on-the-Job® clinics that are available to service the City of San Bernardino.

7. PROPOSED METHOD TO ACCOMPLISH THE WORK
Please see the general project plan below, which identifies the tasks, milestones, and deliverables for the implementation of the medical services as well as providing the services post implementation. If awarded the contract, we will coordinate with City of San Bernardino staff to ensure the project implementation plan meets the needs of the City and is completed by the go live date set by the City.

KPOJ is committed to working in partnership with the City to protect your organization's most valuable resource; your employees. The KPOJ Sr. Sales Executive and Account Executive will be your primary points of contact and will work closely with you on all aspects of the contracting process and beyond to facilitate a successful partnership, analyze your needs, develop strategies, and recommend solutions.

The KPOJ team will make every effort to ensure that services are provided timely and effectively. In the event that an issue is raised, the City may connect directly with the clinic or the Account Manager. Through coordination with the case manager and clinic manager, we will work with the employer to address and resolve the issue. If case escalation is needed, we will elevate the issue to the Chief Physician and Regional Practice Leader.

Task Lead Target Date Purpose
Meet with City of San
Bernardino representative/s
Cathy Bland Week of contract award Confirm/adjust
implementation plan
Work with the City of
San Bernardino
representative(s)
regarding contract
Cathy Bland Immediately upon award
of contract
Facilitate contract and all
required insurance documents,
business license and vendor
form completion
Schedule KPOJ clinic
meeting and tour for key City
of San Bernardino personnel
Cathy Bland Within 3 weeks of award Arrange for City of San Bernardino representative/s to
meet with key clinic staff to
establish operational expectations
and mutual agreements
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8. FEE PROPOSAL
Our fee schedule appears below.

9. INSURANCE
Kaiser Permanente agrees to the insurance requirements, with the exceptions/deviations noted under the Exceptions and Deviations section. Proof of insurance will be provided as part of the implementation process.

10. LITIGATION
During the normal course of business, the Health Plan becomes involved in civil litigation such as commercial or contractual disputes. In management's opinion, the legal actions against the organization will have no material adverse effect on the Health Plan's finances or operations, nor will such litigation disrupt the health care services we propose to deliver because the litigation is well managed and because we have sufficient financial resources (insurance and reserves) to cover our costs, continue delivering health care services, and pay our staff. Health Plan has not had criminal or antitrust litigation against it during the past five years. Additional information is available upon request.

In management's opinion, litigation against the Health Plan will not disrupt the services we propose to deliver because the litigation is well managed and because we have sufficient financial resources (insurance and reserves) to cover our costs, continue delivering health care services, and pay our staff.

Provide appointment request
form to City of San
Bernardino staff
Cathy Bland Within 1 week
following completion
of contract
Review Referral Process and
provide referral forms for
scheduling all services with the
City of San Bernardino staff
Fontana and Riverside
clinics begin accepting
appts.

Paul Tigno Contract completion scheduling all examinations and drug screens
Additional KPOJ clinics
begin accepting DOT appts.

Southern California
Clinics
Week 3 following
contract completion
scheduling all examinations
and drug screens
Weekly calls with
KPOJ operations
Cathy Bland, Paul
Tigno and Chandra
Bolton-Charles
Weekly upon
completion of contract
Weekly calls to track
implementation progress
Weekly virtual meetings with
the City of San Bernardino
representative/s
Cathy Bland and KPOJ
staff, as indicated
based on meeting
topics
Weekly following
award of contract
through successful
implementation of
services
Weekly meetings to track contract
completion and implementation
progress
Quarterly Stewardship
Meetings with the City
of San Bernardino Key
Personnel
Marcus Johnson and
KPOJ staff, as
indicated based on
meeting topics
Quarterly Ensure program is going well and
the City of San Bernardino team
is happy with services and
partnership with KPOJ
Packet Pg. 1148

11. OTHER INFORMATION
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.

Kaiser Permanente on-the-job® staffs our clinics appropriately to meet the needs of our customers and ensure the safety of patients.

Kaiser Permanente has the experience and staff to provide these services on time and according to the contracted fee schedule budget. Our broad base of customers, as well as the workflow in our clinics maximizes efficiency while prioritizing patient care.

Our Electronic Medical Record improves efficiency and improves medical outcomes by electronic referrals and electronic consults, when medically appropriate. Electronic referrals to Kaiser Permanente pharmacies, radiology, specialty physicians and departments all improve medical outcomes and reduce the amount of time your employees have to spend coordinating care and driving around town for services.

b. Description of community involvement.

Community support. Kaiser Permanente provided $759,075,649 in Community Total Funding and Grants in Southern California in 2021.

Kaiser Permanente has provided high-quality health care to our members and communities for more than 70 years. We understand that getting and keeping healthy means more than just eating fresh fruits and vegetables, working out, and visiting your physician once a year. In fact, there are economic, social, and environmental factors that play major roles in the quality of your health and the health of your family. That’s why we are working to make communities healthier. We support innovative efforts to increase nutritious foods, physical activity, economic vitality, safety, and wellness in local schools, workplaces, and neighborhoods.

As one of the nation's most productive research institutions, Kaiser Permanente and our research scientists are transforming the future of health. The lack of access to high quality health care for the uninsured or underinsured is a major social concern. Community Health funds Community Medicine Fellowships and the training of medical staff to educate a new generation of physicians to improve the health of underserved communities. We contribute resources to support community clinics, public hospitals, and government programs to improve both the access and quality of patient care.
c. Description of any previous involvement with the City.

Kaiser Permanente provides Health Plan Insurance to the City of San Bernardino. Additionally, Kaiser Permanente on-the-job® provides injury care services to the City of San Bernardino. d. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

Kaiser Permanente on-the-job® and the key personnel noted within this RFP have no conflicts of interest with providing the services outlined within this RFP.

12. CERTIFICATION OF PROPOSAL
Kaiser Permanente on-the-job® agrees to furnish the services to the City in accordance with the RFP and to be bound by the terms and conditions of the RFP, with the exceptions and deviations noted below.

13. APPENDICES
Packet Pg. 1149
The following documents are attached:
 KPOJ Southern California location list
 KPOJ mobile health vehicle flyer
F. DEVIATIONS AND EXCEPTIONS
Kaiser Permanente notes the following deviations and exceptions to the requirements of this RFP.

Ownership of Medical Records
All records and test results obtained via examinations conducted under the contract shall be considered the property of and owned by the medical provider and will be retained by Kaiser Permanente in the City of San Bernardino employee’s medical record as required by state and federal regulations.

These records will not be released to anyone, except with the written permission of the patient, or as required by regulations and for the adjudication of workers’ compensation claims.

An electronic medical record is created for each patient in our integrated health management system.

KPHealthConnect® is our electronic medical record; all patient transactions are tracked in this system of record and will be held in perpetuity. At Kaiser Permanente, our computer systems comply with extensive security and disaster recovery guidelines.

All medical reports and clearances sent to the City of San Bernadino from KPOJ may be utilized for audit purposes. The City will be responsible for maintaining any employee records they receive from KPOJ.

The City will be responsible for maintaining their Surveillance program requirements and schedules. .

Drug Screens Deviations/Exceptions
Should the City elect to utilize Quest the test result reporting time varies depending upon the service provided.

BAT and UDS results are typically provided the same day. DOT / non-DOT urine collection typically requires 24- 48 hours for lab results. However, if a Medical Reporting Officer’s interpretation is needed the reporting time will depend upon the donor's response to the MRO.

KPOJ agrees to provide rapid drug tests to meet the timeframes within the RFP and report negative results to the City within 48 hours of the testing. Non- negative tests will need to be sent to either the City’s Third Party Administer or to Quest.

Site Examination
Any site examinations requested by the City of San Bernardino shall be performed (1) not more frequently than once per calendar year, unless the results of the previous site examination reveal deficiencies, in which case the City of San Bernardino may conduct an additional site examination and/or re-evaluation; (2) during Supplier’s normal business hours; (3) on a date and time mutually agreeable to Kaiser Permanente and the City of San Bernardino. Terms of the site visit must be mutually agreeable and must protect patient privacy and not violate HIPAA.

Invoices and/or medical reports that Kaiser Permanente has provided to the City of San Bernardino via mail, fax or email may be subject to audit/examination at the sole discretion of the City of San Bernardino.

Insurance
Notwithstanding any other provision of this Agreement, including but not limited to those contained under section

16. Kaiser Permanente, in lieu of any insurance requirements contained herein, may fulfill such insurance Packet Pg. 1150
obligations through its alternative risk management programs, including self-insurance, and City consents to such self-insurance and agrees that, in such case, Consultant cannot provide endorsements or report deductibles, or self-insured retentions, or other requirements that are inconsistent with a program of self-insurance. City also agrees that Consultant’s fulfillment of the insurance requirements through alternate risk management programs shall not constitute a breach of this Agreement.

Indemnification
Kaiser Permanente agrees to defend, indemnify, protect, and hold harmless the City of San Bernardino, its agents, officers and employees (collectively, “City of San Bernardino") from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the gross negligence or willful misconduct of Kaiser Permanente, or Kaiser Permanente’s employees, agents and officers. Kaiser Permanente’s responsibilities under this agreement do not include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City of San Bernardino, unless arising in combination with the acts or omissions of Kaiser Permanente, its employees, agents or officers; provided, however, that Kaiser Permanente’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of City of San Bernardino. Notwithstanding Kaiser Permanente’s obligation to defend City of San Bernardino hereunder, City of San Bernardino, has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Kaiser Permanente, if the City of San Bernardino chooses to do so.

Packet Pg. 1151
905165838 June 2022
Antelope Valley Area
Lancaster Medical Offices
43112 N. 15th St. W.

West Building
Lancaster, CA 93534
661-726-2262
Baldwin Park Area
Crossroads Medical Offices
12801 Crossroads Parkway S.

Suite 150
City of Industry, CA 91746
562-463-4357
Downey Area
Garden Medical Offices
9353 E. Imperial Highway
3rd Floor
Downey, CA 90242
562-657-2200
Inland Empire Area
Fontana Medical Center
9985 Sierra Ave.

Medical Office Building 3
Basement
Fontana, CA 92335
909-427-3917
Moreno Valley
Heacock Medical Offices
12815 Heacock St.
1st Floor, Suite 106
Moreno Valley, CA 92553
951-353-4322
Ontario Medical Center
2295 S. Vineyard Ave.

Medical Office Building A
3rd Floor, Suite 306
Ontario, CA 91761
909-427-3917
Riverside Medical Center
10800 Magnolia Ave.

Medical Office Building 1
4th Floor, Suite 408
Riverside, CA 92505
951-353-4322
Wildomar Medical Offices
36450 Inland Valley Drive
2nd Floor, Suite 205
Wildomar, CA 92595
951-353-4322
Kern County Area
Stockdale Medical Offices
3501 Stockdale Highway
Bakersfield, CA 93309
661-398-3813
Los Angeles Metro Area
Downtown Hope Street
Medical Offices
333 S. Hope St., Suite C130
Los Angeles, CA 90071
323-783-6621
Inglewood Medical Offices
110 N. La Brea Ave.
3rd Floor, Suite 303
Inglewood, CA 90301
310-202-3030
Los Angeles Medical Center
1526 N. Edgemont St.
1st Floor
Los Angeles, CA 90027
323-783-6621
Playa Vista Medical Center
5300 McConnell Ave.
1st Floor
Los Angeles, CA 90066
310-202-3030
West Los Angeles
Medical Center
5971 Venice Blvd.
4th Floor, Room 462
Los Angeles, CA 90034
310-202-3030
Orange County Area
Alton/Sand Canyon
Medical Offices
6670 Alton Parkway
Medical Office Building 1
Irvine, CA 92618
714-644-6450
Harbor–MacArthur
Medical Offices
3401 S. Harbor Blvd.

Santa Ana, CA 92704
714-644-6450
Orange County–Anaheim
Medical Center
3460 E. La Palma Ave.

Medical Office Building 1
1st Floor
Anaheim, CA 92806
714-644-6450
San Diego County Area
Otay Mesa Medical Offices
4650 Palm Ave.

Medical Office Building 2
2nd Floor
San Diego, CA 92154
833-242-8500
San Diego Medical Center
4647 Zion Ave., 1st Floor
San Diego, CA 92120
833-242-8500
San Marcos Medical Offices
400 Craven Road
Medical Office Building 1
2nd Floor
San Marcos, CA 92078
833-242-8500
San Fernando Valley Area
Panorama City Medical Center
13652 Cantara St.

Building 2, 1st Floor
Panorama City, CA 91402
818-375-2233
Woodland Hills Medical Center
Northside Medical Offices
5601 De Soto Ave.

Entrance N, Suite 172
Woodland Hills, CA 91367
818-719-3006
South Bay Area
Carson Medical Offices
18600 S. Figueroa
1st Floor, Suite 120
Gardena, CA 90248
310-527-5600
Ventura Area
Oxnard Medical Offices
2200 E. Gonzales Road
Oxnard 2 Building
1st Floor, Suite 105
Oxnard, CA 93036
805-604-6055
Our Kaiser Permanente On-the-Job® centers in Southern California Packet Pg. 1152
Produced by SCPMG & Stakeholder Communications, 5/2012
We’re making health calls
Since April 2010, the Kaiser Permanente Mobile Health Vehicle started bringing the medical team to you by offering employees easy access to care at worksites throughout Southern California.

Members receive a range of services when visiting the vehicle, which is equipped with two exam rooms and with Kaiser Permanente HealthConnect®, our state-of-the-art electronic health record system. Caregivers can view your full personal health record, identify necessary preventive screenings, and log the services you receive. And because they are linked to our integrated system, our caregivers can coordinate your labs, EKGs, and prescriptions with your local Kaiser Permanente facility.

Mobile Health Vehicle—bringing better health to work
The mobile clinic offers employees
the following services:
• Routine preventive care
• Routine Ob/Gyn services
• Same day care
• Blood pressure checks
• Body mass index measurement
• Glucose and cholesterol screening
• Immunizations
• Blood and urine collection/processing to
regional lab with doctor visit
• Referrals to specialists when necessary
• And more
Packet Pg. 1153
Occupational Medical
Clinic Services Proposal
for
City of San Bernardino
RFP F-22-62A

PRESENTED BY
Joseph Moritz
Senior Key Accounts Manager
599 Inland Center Drive
San Bernardino, CA 92408
Mobile: 760.212.5910
Email: [email protected]
Packet Pg. 1154
concentra.com 5080 Spectrum Drive, 1200 West Tower, Addison, Texas 75001 • 800.232.3550 October 6, 2022
Vanessa Slouka, Buyer
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
RE: Occupational Medical Clinic Services, F-22-62A
Dear Ms. Slouka:

Concentra® is pleased to present to City of San Bernardino (the City) our proposal to provide Occupational Medical Clinic Services, which adheres to all specifications and includes all relevant attachments.

As the City’s incumbent provider for the scope of services and as the nation’s leader in occupational healthcare, Concentra is highly qualified and well positioned to continue performing the services the City is seeking. Our national footprint, strong infrastructure, health care expertise, and commitment to service excellence would provide ongoing tangible benefits for the City – supporting you in your efforts to meet your program objectives.

Concentra draws from a pool of experienced professionals to serve our clients’ needs. We assign an initial point of contact during the procurement and contracting phases and designate operational resources to provide ongoing account management and program support. The operations director would monitor contract deliverables and program expectations to help ensure we achieve successful outcomes that effectively meet the program objectives. In addition, the account management team would help ensure the services rendered under the contract remain compliant with all applicable local, state, and federal regulations.

Should you have any questions or concerns regarding our response, please contact Joseph Moritz, Senior Key Accounts Manager, via phone: 760.212.5910 or by email: [email protected].

Concentra affirms that:
▪ All information contained herein is current, complete, accurate, and remains valid for 180 days following the due date, October 6, 2022
▪ The City anticipates a contract term of one year
Concentra values the City’s consideration of our response. We are confident that when our experience and capabilities, geographic footprint, and account management strategy are taken into account, Concentra will emerge as your ideal partner for the requested services. We look forward to the opportunity to continue serving as the preferred Occupational Medical Clinic Services partner with City of San Bernardino and its employees.

Respectfully submitted,
Kathy T. Le, MD, MPH
Kathy T. Le, MD, MPH
President and Treasurer
Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers Packet Pg. 1155
City of San Bernardino ♦RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Table of Contents Table of Contents

1. Executive Summary ................................................................................................... 3

3. Identification of Proposer ........................................................................................... 5

4. Staffing Resources..................................................................................................... 6

5. Fiscal Stability............................................................................................................ 9

6. Experience and Technical Competence................................................................... 10

7. Proposed Method to Accomplish the Work ............................................................ 13

8. Fee Proposal............................................................................................................ 18

9. Insurance ................................................................................................................. 19

10.Litigation .................................................................................................................. 20

11.Other Information ..................................................................................................... 21

12.Certification of Proposal:.......................................................................................... 22

13.Appendices .............................................................................................................. 23 Packet Pg. 1156
City of San Bernardino ♦ RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 3

1. Executive Summary (limit: 2 pages)
Executive Summary
The City has unique service specifications and Concentra can deliver customized clinical solutions to help you achieve your program goals and objectives. We treat one in every five work-related injuries/illnesses, more than 18 million since 1979. We maintain policies and procedures to ensure ongoing compliance with standard regulating bodies, including the Occupational Safety and Health Administration (OSHA), the U.S.

Department of Transportation (DOT), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the National Fire Protection Association (NFPA), police officer standards, and many others. Our approach successfully combines evidence-based medicine with our clinical expertise and superior service discipline to deliver convenient access to quality care and measurable cost savings.

Understanding the City’s Requirements
Concentra understands that the City is requesting proposals from qualified firms for pre-employment screening services.

Concentra further acknowledges that the City desires a program consisting of a minimum of the following:
▪ Occupational/environmental health exams and evaluations o Work fitness examinations/evaluations
o Services of a licensed psychologist/therapist or psychiatrist o First aid treatment at the proposer’s medical facility of minor industrial injuries o Return to Duty evaluations
o Medical examinations and evaluations as requested by the City to determine if an employee’s injury or illness is work related
▪ Drug testing in accordance with Department of Transportation (DOT). ▪ Transportation services to and from the facility when necessary. ▪ Respirator Clearance Examinations, Proof of Immunization Services, and Proof of immunity examinations and vaccinations as determined necessary.
▪ Medical examinations/evaluations required for commercial driver’s license ▪ Provide vaccinations and immunizations for communicable diseases ▪ Preparation of written summaries of medical exam/test results ▪ Manage medical/health records
▪ Maintain and store all medical records
▪ Provide staff containing licensed examining physicians, clinicians and support staff who are experienced in occupational medicine and familiar with state and federal laws. ▪ Maintain examination centers located within San Bernardino or Riverside County and convenient to the City.

Expertise and Innovation
Concentra played a significant role in creating the workplace health industry model that exists today. We apply our proven methodologies to occupational medicine and workers’ compensation and have developed evidence-based clinical guidelines to help improve treatment and overall outcomes. We established the Concentra Occupational Health Research Institute (COHRI) in 2000 to promote scientific research and continuing medical education in occupational health.

Packet Pg. 1157
City of San Bernardino ♦ RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 4 A National Leader Applying Proven Approaches
Unmatched Access
With Concentra, your employees have access to our extensive network of nearly 520 Concentra medical centers nationwide. In addition, Concentra Telemed® and Concentra Telerehab® extend access to care beyond the centers’ walls and standard working hours. Our integrated approach ensures continuity of care by leveraging the same electronic medical record and practice model regardless of access point.

Concentra’s Transportation Solution provides injured employees with scheduled and real-time rides to and from Concentra medical centers. Available nationwide, our transportation solution is provided free of cost for employee transportation after initial injury, for follow-up appointments, and for scheduled physical therapy visits. After an employee reports an injury to his/her supervisor, the supervisor calls the local Concentra medical center to request a ride. A few minutes later, a driver sends a text message notifying the employee of the estimated time of arrival for pickup. After the visit, center team members arrange for the employee’s ride back to the workplace or home, depending on the severity of the injury and the treating clinician’s recommended treatment plan. The City’s employees would have prompt access to expert care, convenient rides with no smartphone app or tip required, and reduced time away from work.

Clinical Foundation
Concentra was founded by physicians as a medical practice and the delivery of high-quality medical care continues to be our core competency to this day. We hire and retain some of the finest clinicians in the industry and have established a model for workplace health unequalled in the industry. Concentra’s Medical Expert Panels work to identify health trends, research new treatment approaches, monitor regulatory changes and develop clinical practice guidelines and best practices.

Examples include, but are not limited to:
▪ Developed the FReSH program (Functional Restoration/Status of Healing Scale), a new approach to pain management, which focuses on functional movement and improvements in the healing process.

This program encourages patients to take a more active role in their recovery which means injured employees return to work faster, making your company more productive.

Our Mission
Our company mission is to improve the health of America’s workforce, one patient at a time. We take a customized approach that enables us to meet the diverse needs of our customers across the U.S. We attribute our success to our commitment to put our customers’ people first, delivering personalized attention that optimizes employee health and productivity.

Packet Pg. 1158
City of San Bernardino ♦ RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 5

3. Identification of Proposer (limit: 2 pages)
a. Legal name and address of the company.

Occupational Health Centers of California, a Medical Corporation 5080 Spectrum Drive, Suite 1200W
Addison, TX 75001
b. Legal form of company (partnership, corporation).

Corporation
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.” NA
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal.

Joseph Moritz, Senior Key Accounts Manager
599 Inland Center Drive
San Bernardino, CA 92408
Mobile: 760.212.5910
Email: [email protected]
e. California Business License Number
C2055819
Packet Pg. 1159
City of San Bernardino ♦ RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 6

4. Staffing Resources (limit: 6 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation. (iii) Describe proposed team organization, including identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.

Bidder’s Response 4.a.(i)
Center Medical Therapy MNM Total
Chino Hills 3 5 14 22
Colton 1 2 7 10
Irwindale 2 4 10 16
Irwindale Arrow 5 5 25 35
Moreno Valley-Perris 2 2 11 15
Murrieta 2 3 13 18
Ontario Milliken 2 2 11 15
Ontario Airport 1 1 7 9
Ontario Grove 3 4 13 20
Pomona 2 4 9 15
Rancho Cucamonga 5 9 29 43
Riverside Chicago 2 3 8 13
Riverside West March 1 1 7 9
San Bernardino Inland Center 5 6 25 36
San Bernardino Camino Real 2 3 11 16
Bidder’s Response 4.a.(ii)
Key Principal Contacts Cell Phone E-mail
Sabrina S. Linnemann Vice President Operations –
Pacific 949-779-0273 [email protected]
Keith Wresch, MD
Director of Medical
Operations
Inland Empire & Fresno
909.481.7345 [email protected]
Drashti Desai, MPT
Director of Clinic Services
Inland Empire & Fresno
909.270.0478 [email protected]
Bidder’s Response 4.a.(iii) Profiles of Key Contacts
Packet Pg. 1160
City of San Bernardino ♦ RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 7 Program Organizational Chart
Solicitation
Management
Program
Oversight
Program
Delivery
Bidder’s Response 4.a.(iv)
Sabrina S. Linnemann, Vice President Operations – Pacific Sabrina has over 30 years in the medical industry and comes with a system driving logic to the Operations Team at Concentra. The goal is not only to bring a systematic workflow the centers but to also empower clinic colleagues to be the very best at what they do. And to treat each patient as an individual.

Education
• Executive MBA Candidate – Pepperdine University (coursework completed) Bachelor of Science in Health Systems Management: Chapman University Drashti Desai, Director of Clinical Services
Drashti has over 18 years working in the clinics for Concentra. She brings the Therapy departments into a full recovery center for the patient. Not only with her expertise on the body mechanics but by motivating her clinic directors to care for each patient. Reminding them that the patient recovery is in part mental as well as physical.

Education
• Advanced Masters in Physical Therapy: Loma Linda University, California. GPA: 4.0/4.0 • Bachelors in Physical Therapy: Gujarat University, Ahmedabad, India. GPA: 4.0/4.0 • First Year Bachelor of Arts: Gujarat University, Ahmedabad, India GPA: 3.9/4.0 Dr. Wresch, Director of Medical Operations
Dr. Wresch has over 20 years of medical experience and has worked in many of Concentra busiest clinics in the country. His bedside manner is personable and very informative to the patient. He explains what the process is to the patient and provides them with a top-tier patient experience.

Education
• Doctor of Medicine: Loma Linda University, California.

Resumes
We have included personnel resumes in Attachment A: Key Employee Qualifications.

Joseph Moritz
Senior Acct. Manager
Program Management Medical Oversight Therapy Oversight
Keith Wresch, MD
Director of Medical
Drashti Desai,
MPT Director of
Clinical Services
Administration Medical Services Therapy Services
Medical Assistants
Medical Support Specialists
Patient Service Specialists
Physicians
Physician Assistants
Registered Nurses
Physical Therapists
Athletic Trainers
Initial
Point of
Contact
Program
Leadership
Service
Team
Sabrina S. Linnemann
Vice President
Operations, Pacific
Packet Pg. 1161
City of San Bernardino ♦ RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 8 b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

For this scope-of-work, Concentra will not need to sub-contract out the work.

Concentra would communicate to the primary point of contact at the City, if any alterations to standard operating procedures would occur or be made that affect the scope of work.

Packet Pg. 1162
City of San Bernardino ♦ RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 9

5. Fiscal Stability
Not Applicable.

Packet Pg. 1163
City of San Bernardino ♦ RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 10

6. Experience and Technical Competence (limit: 3 pages) a. Experience
Bidder’s Response A(i)
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

Clinical Experience
Injury Experience
Concentra's injury treatment experience gave rise to our process management approach. We monitor and direct the processes and events that make up the structure and flow of an individual case, all with the focus of achieving the optimal outcome. We also believe to execute the model, a strong partnership between the employer, the patient, and the medical provider must exist. With this insight, Concentra transformed our model into a best-in-class occupational medicine program that integrates these four key components into a cohesive solution that achieves optimal results.

Non-injury Experience
Concentra has been performing physical examinations, conducting drug and alcohol testing, and administering immunizations and vaccinations since our inception more than four decades ago. We maintain written guidelines on all relevant regulatory standards and create client-specific service packages tailored to meet the unique needs of each client’s program requirements. Furthermore, we assure that only qualified individuals perform the requested services, in accordance with all local, state, and federal guidelines.

Bidder’s Response A(ii)
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.

As the incumbent provider for services, we greatly value our relationship with City of San Bernardino. We are committed to providing you with excellent service and will continue to make best efforts to notify the employer of key personnel changes.

Bidder’s Response A(iii)
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of Services for public clients.

History and Background
Concentra was founded by physicians in 1979. Since then, we have grown to be the largest provider of occupational health services in the country. Operating as a division of Select Medical, Concentra is a leading health care company focused on improving the health of America’s workforce, one patient at a time. Concentra currently serves employers by providing a broad range of health advisory services and operating nearly 140 onsite clinics. Concentra treated more than 18 million injured workers since 1979.

Bidder’s Response A(iv)
(iv) Provide three (5) references regarding the Proposer’s experience and performance performing similar services. Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2) project size and description, if applicable, and description of services.

References
San Diego County of Schools County of San Diego
6401 Linda Vista Rd. Rm #505; San Diego, Ca. 92111 5530 Overland Ave. Ste. 210; San Diego, Ca. 92123 Prefers eMail: [email protected] Prefer email: [email protected] Felicia Amenta, San Diego County Office of Education Suzann Charney (Engagement is Employer Services and Injury) County of Riverside City of Menifee
P.O. Box 1120; Riverside, Ca. 92502 29844 Haun Road; Menifee, Ca. 92586 eMail preferred: [email protected] Prefer email: [email protected] Tam Huynh, RN -Workers Compensation Nurse Case Mgr Robert Cardenas, Deputy Human Resources Director City of Rancho Cucamonga
10500 Civic Center Dr.; Rancho Cucamonga, Ca. 91730
Claudia Nunez, ARM, Senior Risk Management Analyst
Bidder’s Response A(v)
(v) Describe the Proposer’s local experience and knowledge of City.

Packet Pg. 1164
City of San Bernardino ♦ RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 11 Local Experience
Concentra has more than 40 years of experience and nationally recognized clinicians in occupational medicine. Our San Bernardino Inland Ctr. Clinic was established in 1995 and proudly provides a range of occupational health services 24 hours a day 7 days a week. We recently remodeled our 13k square foot center into a state-of-the-art medical facility beginning April 2022.

Fox Medical Clinic opened its doors on May 4th, 1996 and has been treating the City ever since that time. In August 2021, Concentra acquired the Fox Medical Clinic and provided an extension of the existing contract the center had with the City of San Bernardino. Dr. Fox has continued the practice under the new name as the Concentra San Bernardino Camino Center and the subsequent staff have remained in place.

Concentra also offers the network of 15 nearby centers to perform the same services and has honored the legacy pricing model for the City. b. Project Specific Experience
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include: b. Project Specific Experience: Bidders Response (2) (a) Role of the firm PRE-EMPLOYMENT SCREENING SERVICES
(b) Dollar value of the
services
$150,000
(c) Dollar value of the
fee
Concentra offers per component pricing with no additional fees for service. (d) Description of
service
HPE Level 2; Pre-employment Physical; Rapid mCup-10 panel urine drug-screen; Hair-sample collection & Workers Compensation.
(e) Staffing Rancho Cucamonga # of Support Staff: 43
(24/7) 12:00 am - 12:00 am (All Holidays)
Email: [email protected]
Concentra carefully considers each project and its unique goals when assigning an account management team. We take a collaborative approach that combines local operational and clinical support to ensure quality and service excellence. The individuals we select bring valuable, relevant experience to the program and provide ongoing support within their respective areas of expertise. (f) Duration of providing
services
Annual with auto-renew
(g) Relationship to client Contracted Clinic and strategic partner (h) Contact name,
position, entity name,
telephone number, fax
number and e-mail
address for ea. project.

Vanessa Rodriguez
10801 Sixth Street; Rancho Cucamonga, CA 91730
Human Resources Generalist I
Inland Empire Health Plan
[email protected]
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include: b. Project Specific Experience: Bidders Response (1) (a) Role of the firm Department of Transportation Drug and Alcohol Testing (b) Dollar value of the
Services
$184,000
(c) Dollar value of the fee Concentra offer per component pricing with no additional fees for service. (d) Description of service Pre-Employment Drug Test; Post-Accident Drug & Alcohol Test; Reasonable Suspicion Drug & Alcohol Test; Random Drug Test; Random Drug & Alcohol (BAT); Non-DOT Drug Test Only; NonDOT Alcohol Test Only (e) Staffing San Bernardino Inland Ctr. # of Support Staff: 36 (24/7) 12:00 am - 12:00 am (All Holidays)
Email: [email protected]
Concentra carefully considers each project and its unique goals when assigning an account management team. We take a collaborative approach that combines local operational and clinical support to ensure quality and service excellence. The individuals we select bring valuable, relevant experience to the program and provide ongoing support within their respective areas of expertise. (f) Duration of providing
services
5-year term
(g) Relationship to client Contracted Collection Center (h) Contact name, position,
entity name, telephone
number, fax number and email address for ea. project.

Omnitrans
1700 West Fifth Street; San Bernardino, CA 92411
Contract Administrator: Name: Nicole Jews
Title: Contract Administrator Telephone: (909) 379-7202 Email: [email protected] Packet Pg. 1165
City of San Bernardino ♦ RFP F-22-62A
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 12 b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include: b. Project Specific Experience: Bidders Response (3) (a) Role of the firm Contracted Center for Employer Services and Workmen’s Compensation (b) Dollar value of the
services
$650,00
(c) Dollar value of the
fee
Concentra offer per component pricing with no additional fees for service. (d) Description of
service
TB Skin Test; Fitness for Duty Physical-Level 2
Physical-level 2; Physical-PrePlacement (New Hire evaluation; - review of forms, immunization records; history, snellen eye exam, ishihara, whisper test, bp, ht, weight ; and BP) U/A dipstick Ishihara Test Book; Non Regulated UDS 10 Panel PrePlacement (e) Staffing Irwindale Arrow Hwy
# of Support Staff: 35
(24/7) 12:00 am - 12:00 am (All Holidays)
Email: [email protected]
Concentra carefully considers each project and its unique goals when assigning an account management team. We take a collaborative approach that combines local operational and clinical support to ensure quality and service excellence. The individuals we select bring valuable, relevant experience to the program and provide ongoing support within their respective areas of expertise. (f) Duration of providing
services
3 years
(g) Relationship to client Contracted clinic and strategic partner (h) Contact name,
position, entity name,
telephone number, fax
number and e-mail
address for ea. project.

Gloria Moran, Executive Assistant to:

Tyler Seto, MD, Vice President of Enterprise, Quality & Pt Safety -City of Hope City of Hope – Duarte Campus / Flash Bldg. 2nd Flr., Room 2216 1500 E. Duarte Road; Duarte, Ca. 91010
[email protected]
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional services agreement once selected. (b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal or local agency. (e) Involvement in litigation, arbitration or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. Knowing concealment of any deficiency in the performance of a prior contract. (f) Falsification of information or submission of deceptive or fraudulent statements in connection with a contract. (g) Willful disregard for applicable rules, laws or regulations. Information regarding any of the above may, at the sole discretion of the City, be deemed to indicate an unsatisfactory record of performance.

Concentra affirms that none of the violations listed above has occurred that would directly affect the contractual relationship between Concentra and the City.
c. Technical Competence
(i) Description of in-house resources (i.e., computer capabilities, software applications, modem protocol, modeling programs, etc.) (ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

Technology
Allscripts TouchWorks® Electronic Health Record (EMR) enables our clinicians to access patient records from any Concentra medical center, onsite clinic, Concentra Telemed, site in the country. Our EMR integrates with practice management systems and supports continuity of patient care and an exceptional customer experience. Allscripts supports all clinical operations, improves clinical quality, and streamlines the information exchange process to afford our clinicians the ability to communicate information quickly and accurately to the City and your employees. Our ability to capture member data in real time from multiple sources helps us learn the health and social behavior patterns unique to each individual and the City’s population in the aggregate.

Concentra HUB
Concentra offers a self-service, online tool for the client’s convenient access to account information, test results, and reporting. The Concentra HUB uses advanced security software to ensure privacy and the protection of employee information. The HUB offers: Online account management; Timely updates to your employees' non-injury and injury visit results and work restrictions; Online Billing; Enhanced security features protect your information; Malware and virus protection; Intrusion detection and prevention.

Center Staff
Concentra employs skilled and experienced health care professionals to deliver services relevant to our offering. Center staff includes an appropriate combination of physicians, mid-levels, nurses, physical therapists, radiology technicians, and medical assistants.

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Occupational Medical Clinic Services
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7. Proposed Method to Accomplish the Work (limit:5 pages) Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

Concentra proposes that our center closest to the City is the San Bernardino Inland Center clinic, serve as the primary site for employees. While the primary clinic is fully capable of providing all required services in one facility, all Concentra medical centers are available as convenience necessitates. All Concentra medical centers maintain the essential staffing resources, required equipment, and licensed and credentialed clinicians to perform your requested scope of services. Please note that hours are subject to change.

We continually evaluate the layout of our centers to accommodate patient flow and volume. Therefore, the physical dimension, layout, and staffing of each center varies depending on the location and overall scope of services. Our centers average between 3,100 and 9,000 square feet in size. The centers maintain security services, and most offer free parking on the center property or adjacent to the center. All facilities are accessible (ADA-compliant) and conform to all applicable federal, state, and local safety and disability laws.

Facility Name Hours of Operation* Holiday Hours*
Chino Hills 8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed (Thanksgiving Day), Closed (Independence Day (observed))
Colton 8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed (Thanksgiving Day), Closed (Independence Day (observed))
Irwindale 8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed (Thanksgiving Day), Closed (Independence Day (observed))
Irwindale Arrow Hwy (24/7) 12:00 am - 12:00 am (All Holidays) Moreno Valley 8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed (Thanksgiving Day), Closed (Independence Day (observed))
Murrieta 8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed (Thanksgiving Day), Closed (Independence Day (observed))
Ontario 8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Christmas Day), Closed (Independence Day), Closed (New Year's Day), Closed
(Thanksgiving Day), Closed (Labor Day), Closed (Memorial Day), Closed (Independence Day (observed))
San Bernardino Inland Ctr.

Address:
599 Inland Center Drive
San Bernardino, Ca. 92408
Contact Information
T 909-889-2665  F 909-884-4114
Hours of Operation*:
24 Hours – 7 Days
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Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 14 Ontario Airport 8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed (Thanksgiving Day), Closed (Independence Day (observed))
Ontario South 8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence
Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed
(Thanksgiving Day), Closed (Independence Day
(observed))
Pomona 8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed (Thanksgiving Day), Closed (Independence Day (observed))
Riverside Chicago
Ave
8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence
Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed
(Thanksgiving Day), Closed (Independence Day
(observed))
Riverside West March 8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence
Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed
(Thanksgiving Day), Closed (Independence Day
(observed))
Rancho Cucamonga (24/7) 12:00 am - 12:00 am (All Holidays) San Bernardino
Camino Real
8:00 am - 5:00 pm (Mon. -
Fri.)
Closed (Thanksgiving Friday), Closed (Independence
Day), Closed (Labor Day), Closed (Memorial Day), Closed (Christmas Day), Closed (New Year's Day), Closed
(Thanksgiving Day), Closed (Independence Day
(observed))
San Bernardino
Inland Center
(24/7) 12:00 am - 12:00 am (All Holidays)
*Please note that hours are subject to change.

Concentra Medical Center Facilities
Concentra medical centers offer a full complement of health care services including, but not limited to, substance abuse testing, physical examinations, clinical services, vaccinations, injury care, physical therapy, and wellness screenings. Our centers offer convenient weekday operational hours, and many locations also offer evening and weekend hours.

We continually evaluate the layout of our centers to accommodate patient flow and volume. Therefore, the physical dimension, layout, and staffing of each center varies depending on the location and overall scope of services. Our centers average between 3,100 and 9,000 square feet in size. The centers maintain security services, and most offer free parking on the center property or adjacent to the center. All facilities are accessible (ADA-compliant) and conform to all applicable federal, state, and local safety and disability laws.

Multilingual Support
Through our nationwide network of Concentra Medical Centers and employer onsite clinics, Concentra has acquired extensive experience with multilingual populations. To accommodate multiple language requirements, we use remote translation services through our preferred provider, Voiance. This 24/7 service supports more than 200 languages and dialects, including American Sign Language. Also, many Concentra centers are staffed with clinician’s and office staff who are bilingual, and recruiting bilingual staff is another option, where a specific engagement requires. In addition, our marketing department can translate Packet Pg. 1168
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Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 15 promotional material and center messaging into other languages. Additional fees may apply for translation services.

Standard Examination Components
Concentra would provide physical examinations according to the client’s requirements. However, it is customary for the standard examination to include the following components:
▪ Medical history
▪ Occupational history
▪ Vital signs
▪ Vision acuity (far distance)
▪ Examination of head, eyes, ears, nose, and throat
▪ Evaluation of the cardiovascular system
▪ Evaluation of the respiratory system
▪ Gastrointestinal examination
▪ Musculoskeletal examination
▪ Neurological evaluation
▪ Skin and lymphatic examination
We would also perform other ancillary testing as requested and/or indicated, upon the client’s approval and consistent with evidence-based medical standards and regulatory requirements.

Return-to-work Examinations
Concentra’s longstanding methodology and practices expedite employees’ safe and sustainable return to work. Our process includes immediate communication with the employer, careful job analysis, and a focus on avoiding or limiting an employee’s lost time from work.

During a return-to-work physical examination, in addition to a review of the employee’s medical history and existing documentation, the clinician performs a basic medical examination. The clinician determines if the employee is medically able to proceed with the functional performance evaluation. If the employee has a medical condition that precludes participation in a functional performance evaluation (e.g., recent back/knee/shoulder surgery, an active hernia, a cardiac condition), we require clearance from the employee’s personal physician prior to the functional evaluation.

Once the employee has completed the required functional tests, the Concentra therapist documents a “pass/fail” result and the results are given to the clinician. The clinician then combines the medical results with the functional test results to render an overall “pass/fail” result for the employee. In some cases, our examining clinician may require additional testing to render a medical decision. However, we do not conduct any additional testing without authorization by the designated employer contact.

COVID-19 Return-to-Work Clearance, Assessment, Testing and Surveillance Concentra medical centers now offer COVID-19 testing for asymptomatic employees to provide initial clearance for return to work. We recommend an initial screening using our COVID-19 Assessment. Your employees complete our assessment questionnaire, and a Concentra clinician reviews the responses to determine if the employee may go to work or if testing for active COVID-19 infection, testing for COVID-19 antibodies, or an in-person clinical examination is recommended.

Department of Transportation (DOT) Physical Examinations Concentra has been performing Department of Transportation (DOT) physical examinations for employers for the past 40 years. Annually, we perform more than 800,000 DOT physicals. We maintain comprehensive policies and procedures for these examinations and thoroughly train our staff on each testing component.

The Federal Motor Carrier Safety Administration (FMCSA) provides the physical requirements for commercial motor vehicle (CMV) drivers in 49 CFR 391.41. (Other DOT agencies may have prescribed different physical standards for their safety sensitive roles, such as pilots, rail conductors, etc.) The purpose of the DOT examination is to detect the presence of physical, mental, or organic conditions of such a character and extent as to affect the driver’s ability to safely operate a commercial motor vehicle. The examination must be conducted carefully and include (at least) all information requested in the applicable form. A history of certain conditions may lead to a disqualification or indicate the need for further testing and/or an evaluation by a specialist.

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Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 16 Medical Examiner’s Certificate
The DOT physical exam is performed by a certified medical examiner listed on the National Registry of Certified Medical Examiners. The exam includes a review of the employee's medical history; a physical exam with vital signs, vision, and hearing testing; and a urine test for blood, protein, and sugar to look for conditions that may impact a driver's ability to safely operate a vehicle. Following the examination, the results are automatically reported to the National Registry and state motor vehicle agencies, as required. If the driver passes, the ME provides the required Medical Examiner’s Certificate (MEC). The certificate may be issued for up to 24 months; however, the Concentra ME may limit certification based on a driver's medical history.

Confidentiality
Concentra maintains the confidentiality of all medical data. Information firefighters provide to our clinician would not be inappropriately shared. No fire department supervisor or manager shall have access to medical records without the express written consent of the employee. There are occasions, however, when specific medical information is required to make decisions regarding placement, return to work, and so forth.

In these cases, written consent shall be obtained from the employee prior to release of specific medical information.

Human Performance Evaluation/Job-specific Functional Testing Following the job-site evaluation, our specialist develops an ADA-compliant, job-specific functional test that we refer to as a human performance evaluation (HPE). The HPE assesses individuals on the ability to perform the essential job functions (EJFs) and can be used for pre-employment and return-to-work testing.

The Concentra physical therapist begins by defining each physically distinguishable task involved in the job (i.e., lifting, carrying, pushing, pulling, etc.), including those tasks that have a definitive starting and ending point, occur with regularity, and require a level of quantifiable physical exertion. For each qualified biomechanical functional requirement, the physical therapist uses a force gauge to measure external weights, starting and ending heights, task frequencies, forces produced or overcome, climbing requirements, and more. This process adheres strictly to evaluation techniques that have a direct correlation to the functional requirements.

Injury Care
By choosing Concentra, the City is assured that its injured workers would have convenient access to care delivered by our specially trained occupational medicine clinicians and therapists, and according to our outcomes-based clinical practices and rigorous standards of care.

Concentra believes an exceptional workforce health program begins with an integrated system that connects four key components: Employer Engagement, Patient Engagement, Clear Communications, and Quality Medical Outcomes. We also believe to execute the model, a strong partnership between the employer, the patient, and the medical provider must exist. With this insight, Concentra transformed our model into a best-in-class occupational medicine program that integrates these four key components into a cohesive solution that achieves optimal results.

Transportation
Concentra’s Transportation Solution provides injured employees with scheduled and real-time rides to and from Concentra medical centers. Available nationwide, our transportation solution is provided free of cost for employee transportation after initial injury, for follow-up appointments, and for scheduled physical therapy visits. After an employee reports an injury to his/her supervisor, the supervisor calls the local Concentra medical center to request a ride. A few minutes later, a driver sends a text message notifying the employee of the estimated time of arrival for pickup. After the visit, center team members arrange for the employee’s ride back to the workplace or home, depending on the severity of the injury and the treating clinician’s recommended treatment plan. The City’s employees would have prompt access to expert care, convenient rides with no smartphone app or tip required, and reduced time away from work.

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Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Page 17 Physical and Rehabilitation
Therapy is one of Concentra’s core competencies, encompassing physical, occupational, and massage therapy, as well as athletic training services in specific locations. More than 60 percent of our therapists are certified in manual therapy and highly skilled in the treatment of cumulative trauma disorders. About five percent of our therapists are certified hand therapists.

Return-to-work Philosophy
Concentra ascribes to the philosophy that injured employees recover better when they can return to normal activities quickly. Our proven methodology focuses on increasing function to expedite the employee's safe and sustainable return-to-work. Our clinicians would communicate with the employer to perform job analyses, and, whenever possible, arrange for limited duty to avoid lost time and productivity. Our clinicians would also educate the injured employee on ways to enhance function. We encourage support from frontline supervisors and can also perform return-to-work evaluations to help ensure the injured employee is able to meet the essential job functions.

Vaccination Services and Infectious Disease Screenings
Concentra offers vaccination services and screening/testing for infectious disease to assist employers in maintaining a healthy workforce. We administer vaccinations and infectious disease screenings per regulatory requirements and recommendations from leading health organizations, including the Occupational Safety and Health Administration (OSHA), Centers for Disease Control and Prevention (CDC), and the World Health Organization (WHO).

Drug and Alcohol Testing
DOT-Compliant Urine Drug Screens
Concentra conducts urine drug testing in full compliance with Department of Transportation (DOT) rule 49 CFR Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing) and adheres to all Substance Abuse and Mental Health Services Administration (SAMHSA) policies and procedures to ensure appropriate chain of custody. By following these procedures in both federal and non-federal testing, Concentra simplifies the collection process, offers the most defensible procedures for our collectors and clients, and provides the optimal level of confidentiality for the donors.

Our typical process includes:
▪ Certified staff to perform collections
▪ Use of split specimen collection method as required by DOT ▪ Use of the proper custody and control forms (CCF) for regulated and non-regulated testing, using electronic CCFs when possible
▪ Proper specimen containment
▪ Shipment of specimen, within 24 hours, to a SAMHSA-certified laboratory for analysis ▪ Involvement of a Medical Review Officer (MRO) for follow-up review, as appropriate Medical Review Officer (MRO) Services
When the laboratory confirms a non-negative result, Concentra enlists a Medical Review Officer (MRO) through our preferred vendor for review of the result. An MRO assistant ensures the MRO copy and the laboratory copy of the chain of custody and control form (CCF) are transmitted timely, as the MRO does not initiate a donor interview until receiving the MRO copy of the CCF and does not transmit verified results until receiving the laboratory copy. If the MRO is unable to obtain either copy, the MRO reports a “canceled” test.

The MRO makes three or more attempts in a three-day period to reach the donor (barring unforeseen circumstances, such as donor’s phone disconnected). The MRO interviews the donor to determine if there is a legitimate medical explanation for the non-negative result. The MRO can ask medically related questions (which the donor’s employer cannot ask under the Americans with Disabilities Act) to validate or invalidate a non-negative laboratory result.

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8. Fee Proposal (limit: 2 pages)
Please provide a not-to-exceed fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”). Fee proposal shall be uploaded separately to planetbids under the “Cost File” tab.

The fees associated with the services requested in the RFP have been uploaded separately to Planetbids as required.

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9. Insurance (limit: 4 pages)
Please provide a copy of your Certificate of Insurance. See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements.

We have included our Certificate of Insurance in Attachment C – Legal and Risk.

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10. Litigation (limit: 2 pages)
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years. Please provide a statement stating that there is no litigation, history of litigation or pending litigations claimed by your firm or against your firm.

Legal Statement
Concentra is subject to certain legal proceedings, inquiries, claims, and disputes that arise from time to time in the ordinary course of business. Such claims and legal proceedings include employment matters, contractual issues, workers’ compensation, professional liability, and general liability matters. Concentra employs various risk transfer methodologies to cover its exposure to risk, including various self-insured programs and high deductible programs. Concentra establishes reserves for its liabilities under those programs based on actuarial analysis that includes the elements of severity, frequency, and jurisdiction, with input from Concentra’s legal representatives responsible for the defense of such claims. Concentra believes that its insurance coverage and the reserves established for its claims are sufficient for its operations.

Concentra does not believe these legal proceedings or actions, individually or in the aggregate, will have a material adverse effect on our financial position, results of operations, or liquidity.

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11. Other Information (limit: 5 pages)
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.

Concentra has weekly team huddles to review progress and adjust staffing to maintain services goals. We measure our total time in center for each patient daily and adjust staffing and flow to ensure positive patient experiences. Concentra also provides frequent and ongoing training to all operators and clinicians to ensure we maintain a high level of skill and acumen for all services offered. We currently contract with multiple municipalities across the State of CA delivering the highest standard of medical care within their proposed budget. References are provided of those contracts and the scope of services offered as examples of our ability to deliver quality service, efficient staffing and effective project management within a designated budget.
b. Description of community involvement.

Pandemic Response
Concentra has developed and implemented measures to ensure our Concentra medical centers are appropriately responding to the COVID-19 pandemic. We are staffed and continue to treat injured and ill employees but with heightened awareness that we will encounter patients potentially infected with COVID-19. We want to assure you that we are taking all possible precautions to ensure the health and safety of all employees, their co-workers, families
2021 & 2022 Health & Lifestyle Exhibition
Hosted by the City of San Bernardino
Concentra participated as an exhibitor & donated prizes for the raffle. c. Description of any previous involvement with the city.

In August 2021, Concentra acquired the Fox Medical Clinic and provided an extension of the existing contract the center had with the City of San Bernardino. The clinic has been performing services since the acquisition. Whereas the office has continued the practice under the new name as the Concentra San Bernardino Camino Real center and the subsequent staff have remained in place. Concentra also offers the network of nearby centers to perform the same services and has honored the legacy pricing model for the City.
d. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

At this time, Concentra is unaware of any conflicts of interest in providing services to the City.

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12. Certification of Proposal:

This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”
Concentra hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP, unless otherwise stated in Concentra’s exceptions.

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13. Appendices
(limit: 2 pages)
Attachments
In this section, Concentra includes the following information for the City’s review:
▪ Attachment A: Key Employee Qualifications
▪ Attachment B: Legal and Risk
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October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Attachment Attachment A
Key Employee Qualifications/ CV
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Drashti Desai
Chino Hills, CA
E-mail: [email protected]

EDUCATION
Advanced Masters in Physical Therapy
Loma Linda University, California. Completed June 2000. GPA: 4.0/4.0 Bachelors in Physical Therapy
Gujarat University, Ahmedabad, India.

Ranked 2nd position statewide in Bachelor’s program. Completed March 1997. GPA: 4.0/4.0 First Year Bachelor of Arts
Gujarat University, Ahmedabad, India. Completed April 1998. GPA: 3.9/4.0

WORK EXPERIENCE
➢ 11/15- Till Date Regional Therapy Director, Concentra Medical Centers, California.

Overseeing all Therapy related aspects for 11 centers in Inland Empire which includes Physical Therapy, Chiropractic, Acupuncture, Physical Abilities testing and Occupational Therapy. Initiated and developed Ergonomics and Work Conditioning, Service lines. Leading a team of about 40 associates with tasks including vacation coverages, schedule management, staffing, progressive discipline, standardization of systems and continuous coaching and mentoring of the associates to help them grow in their roles. Working very closely with the Regional Medical, Sales and Operations Team.
➢ 03/04- 11/15 Physical Therapist, US Healthworks, California.

Worked as the supervising physical Therapist at the Chino location until August 2011, and currently supporting Pomona, Ontario North and Chino as a Per Diem Therapist. At the chino location, led all aspects of operations, including the development of people putting customer service at the top priority. Restructured scheduling to minimize wait times and optimize quality of care, created spreadsheets to track productivity, authorizations, referrals that were sent after hours, due date for re-evaluations and PPE’s. Carefully reviewed employer case instructions for each employee for line of treatment and developed PAT’s for various accounts based on their job description and requirements. Performed weekly financial analysis in AS 400 to evaluate the clinic outcomes in terms of Visits, ARPV, Pt/First visit ratios, missed and no show appointments, projected revenue and amounts reimbursed for past patients to identify areas of deficit and potential for growth. Periodically evaluated the cost of staffing and temp labor to formulate a plan of action based on the budgeted goals and clearly communicated the expectations and action from time to time to the medical providers, center manager and therapy staff via monthly triads or informal meetings as demanded by the situation to maximize clinic’s financial and clinical performance.

VOLUNTARY ACTIVITIES
➢ 3
rd VP Position in Country Springs Elementary School, Chino Hills, California Served the PTA board for 3 consecutive years from 2012 thru 2015 and organized the spring fundraiser, raising almost $ 20,000 for the school by leading fundraising activities like Jogathon, Casino Night, Mother/Son, and Father/ Daughter Dance.
➢ Lead for Indian Community Dance Festival organized by DEVIS Group Structured, organized and delegated various aspects of this huge successful event attended by more than 850 people for October 2013 and 2014. This was the first of its kind for this organization and was involved in management and supervision of a team of more than 20 people.

ACHIEVEMENTS
• Awarded a medal from UNICEF for participation in UNICEF’s fund raising drive. • Actively Participated in the National Pulse Polio Immunization Program held in Ahmedabad. • Appointed Class Representative throughout P.T program from 1993-96 and College Students Representative in the year 1996-97.
• Elected Class Representative and General Secretary of the High School in the year 1991-92.

REFERENCES AVAILABLE UPON REQUEST
Packet Pg. 1179
Keith Richard Wresch MD
Phone: 909-921-6327 Email: [email protected]
Experience:
2022 – Present Director of Medical Operations for the Inland Empire and Fresno 2019 – 2022 Center Medical Director Concentra Rancho Cucamonga 9405 Fairway View Place, Rancho Cucamonga, CA 91730
Medical Director Concentra Amazon ONT 2 Onsite
1910 East Central Avenue, San Bernardino, CA 92408
2017 – 2019 Center Medical Director Concentra San Bernardino 599 Inland Center Drive Suite 105, San Bernardino, CA 92408 2013 – 2017 Medical Director U.S. HealthWorks Ontario North 3200 Inland Empire Boulevard Suite 100, Ontario, CA 91764 2012 – 2013 Staff physician U.S. HealthWorks Chino
15302 El Prado Road, Chino, CA 91710
2011 – 2012 Physician working with Dr. Ralph Dean
91 East Grand Boulevard, Corona, CA 92879
2010 – 2012 Physician Canyon Lake Urgent Care
31740 Railroad Canyon Road Canyon Lake, CA 92587
2007 – 2010 Physician Alternative Care consultants
1733 North Palm Canyon Drive Suite B, Palm Springs, CA 92262 2005 – 2007 Physician Beaver Medical Group Urgent Care
7000 Boulder Avenue Highland, CA 92346
Education:

Graduate Education:
1998 – 2002 Loma Linda University School of Medicine- Graduated Class of 2002 2002 – 2003 Intern in Obstetrics and Gynecology- Loma Linda University 2002 – 2005 Resident in General Surgery -Loma Linda University Medical Center Undergraduate Education:
1993 – 1998 Walla Walla University
204 South College Avenue, College Place, WA 99324
Graduated in 1998 with BA degrees in Spanish and Religion, and a minor in Chemistry
Skills: Fluent in Spanish;
Have ‘California radiology supervisor and operator certificate’ Packet Pg. 1180
Sabrina Linnemann Dana Point, CA | [email protected] | 949.779.0273

HEALTHCARE OPERATIONS EXECUTIVE
Operations and Network Management Executive with expertise in managing high-volume, multi-site physician practice networks and ambulatory clinics for some of the largest healthcare organizations in the country. • Streamlined operations to position healthcare organizations for significant growth • Orchestrated relocation and renovation of clinics and start-up of innovative employer worksite clinics • Implemented best practices that improved customer service metrics

KEY STRENGTHS
■ Healthcare Operations Leadership ■ Strategic Planning & Execution ■ Policy & Regulatory Compliance ■ Business Partner Management ■ Managed Care Expertise ■ Workflow and Process Analysis ■ Business & Market Development ■ Clinical Operations ■ Physician Recruitment & Retention ■ Talent Development ■ P&L and Cost Management ■ Customer Experience

EXECUTIVE CONTRIBUTIONS
CONCENTRA – SOUTHERN CALIFORNIA 2021 – PRESENT
VICE PRESIDENT, OPERATIONS – PACIFIC
SURGICAL CARE AFFILIATES (SCA), AN OPTUM COMPANY 2019 – 2021 Surgical Care Affiliates is Optum’s ambulatory surgical care company, specializing in providing expertise in the management of ASCs, in addition to providing physicians and patients with superior outcomes and experience through the broad array of services provided.

Regional Vice President, Operations - Los Angeles/Inland Empire Recruited to bring two challenging regions together to create a cohesive team culture, develop streamlined and consistent processes across the regions to support growth and expansion in two key regions for the business.

Leveraged broad healthcare and market knowledge, in addition to key physician and system relationships to align resources to drive mutual growth and opportunities to all stakeholders. Create alignment of resources and build relationships with internal support teams to enhance the value SCA brings to our patients and physician-partners. ⧫ Operations: Operational oversight of eight, multi-specialty ambulatory surgery centers of $100MM and 45K cases annualized and 300+ FT/PT teammates. Combined two regions in turmoil together to create a streamlined approach to execute on operational objectives and KPIs. Developed strong team culture amongst both regions where none existed. Identified opportunity to standardize, train and reduce expenses of the purchasing teams by creating a Regional Purchaser’s Champion that is now considered for replication in other regions. Successfully navigated patient care and implementation of significant new policies through the pandemic and ensure 100% compliance with regulatory requirements, passing all CDPH inspections and with no outbreaks in centers.
⧫ Growth: Completed a syndication of ten new physicians into a surgery center which has led to double the revenue year over year, during a pandemic. Completing a successful syndication of seven individual and three key strategic group partners into a center to be completed in 2021. Two struggling new acquisitions that I took over when coming into my role now have the highest case volumes exceeding budget and during a pandemic. Rollout of Total Joint program in four ASCs and Cardiovascular program in four ASCs in ’20-’21. ⧫ Strategy and Market Development: Leading the relationship building with key Optum medical groups in the regions I serve to focus on high acuity migration of cases into the ASC in order to reduce MedEx for groups, increase revenue/acuity in our ASCs and increase physician and patient experience. Developing relationships in both regions with health systems where no relationship had existed and currently exploring opportunities to partner with those systems in JV activities.

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⧫ Customer Experience: Focused efforts to rebuild SCA’s reputation amongst our partners to ensure they have a full appreciation of what we bring to our partnership relationships. Focused on building relationships with key specialists and specialty groups that included bringing them into our partnerships and enhancing their relationships with our Optum medical groups. Managing the patient experience during the pandemic when no visitors were allowed and the implementation of safety practices has made this area challenging, however we have implemented various tools and scripting within each facility to focus on getting patient response rates at or above benchmark and each center has an action plan in place to address opportunities. ⧫ Compliance: All facilities are either JCAHO or AAAHC accredited and several have gone through surveys during 2020 - 2021. All facilities are fully accredited and all passed visits by CDPH during the pandemic in assuring that all safety practices mandated were being adhered to. Focus was made on ensuring that all teammates and operational leaders are fully compliant with all training requirements and audits.

REGAL MEDICAL GROUP – Southern California 2015 – 2019
Regal Medical Group is one of Southern California’s leading and largest full-risk IPA/medical groups. Regal Medical Group and its affiliates has earned a CMS quality STAR rating of 4.5+, cares for 500,000+ managed care lives, and has a network of over 3000 primary care physicians and 7000+ specialists.

Vice President, Network Management
Recruited as senior executive to streamline workflow and position organization to meet corporate targets.

Leveraged understanding of health plans, managed care, and government healthcare programs. ⧫ Operations: Developed and implemented Standard Operating Procedures (SOPs) and Policies and Procedures for Physician Network to ensure sustainable growth across all lines of business. Increased efficiency, productivity, and created standardization by identifying opportunities for improvement. ⧫ Network Growth: Achieved and/or exceeded growth targets for all lines of business to include Senior, Commercial/Employer Group, Exchange, Medi-Cal and Medi-Medi by focusing on network development, enrollment growth, and physician recruitment.
⧫ Performance Management: Increased productivity by developing talent internally, restructuring teams, and establishing accountability measures.
⧫ Strategy and Market Development: Identified and executed on specific strategies to expand network based on market conditions and business partnerships. Development of strategic initiatives to drive growth and create disruption amongst competitor networks within the marketplace. ⧫ Customer Experience: Design and implement processes to improve customer experience and promote brand within physician network to drive growth of physician network and enrollment in all lines of business. ⧫ Compliance: Implemented processes and established standards to ensure 100% compliance with health plan and regulatory requirements within physician network.

CONCENTRA – Ontario, CA 2007 – 2015
Director of Operations, Southern California and Hawaii (2012 – 2015) | 11 clinics, 60 physicians, 150+ employees Promoted to lead a major market for Concentra, the nationwide leader in occupational healthcare and urgent care services with $1B in annual revenue. Achieved goals through standardizing business operations and taking action in the areas of financial management, talent development, performance management, facilities improvement, client relationship management, customer service, regulatory compliance, and strategic planning. ⧫ Network Growth: Launched and operated several work site health clinics for major Southern California companies. Improved profit for $45M market (1,600+ patients daily), meeting all operating expense targets. ⧫ Operations: Executed several major transactions, including relocation of two high-volume, 24-hour clinics, renovation of three clinics, and launch of an innovative employer worksite clinic. ⧫ Customer Relationships: Implemented best practices that improved customer service metrics across the board. Ranked #1 or #2 in the region consistently on measures for overall patient satisfaction and customer wait times.

Packet Pg. 1182
⧫ Process Improvement: Asked by top executives to standardize operations nationwide. Drove successful implementation of standardized procedures, EMR platform and pilot sites for innovative ambulatory clinic management software.
⧫ Talent Management: Optimized FTE efficiency and maintained lowest turnover in region.

CONCENTRA – California, Nevada, Arizona, Oregon, Hawaii Zone Director, Specialist Services (2007 – 2012) | 5 states, 25+ clinics, 80+ physicians Grew volume by improving operational oversight and focusing on development of physician specialty network in Western US. Created growth strategy that targeted high-quality specialists. Was responsible for operations and budget.
⧫ Operations: Doubled program revenue and increased gross revenue 10% per visit by implementing improvements in transcription management and charge entry processes. ⧫ Program Development: Increased internal capture rate of referrals from 38% to 65% in four years by expanding the program’s footprint and establishing a specialist program to broaden the scope of services offered. Doubled specialist panel in five years and grew to #1 ranking nationally for size and scope. ⧫ Network Growth: Aligned strategic plan with overall company strategy, monitored marketplace trends, gathered competitive and business intelligence, and recruited top-quality physicians. ⧫ Strategic Planning: Generated new revenue by expanding subspecialties and removing barriers to entry. ⧫ Marketing Strategy: Improved visibility by rolling out new branding campaign internally and externally; transitioned 25+ centers to new marketing collateral, logos, materials, and branding activities.

THE INSTITUTE FOR HAND AND MICROSURGERY – Santa Ana, CA 2003 – 2007 Director of Marketing and Special Projects
Aligned marketing and operations with expansion and growth strategy for the hand and upper extremity specialty physicians group. Focused on physician recruitment and relationship building with new hospitals, as well as fellowship program outreach, business development, market analysis, and partnership and provider management. ⧫ Network Management: Negotiated and completed 95% of private insurance and Medical Provider Network (California Workers’ Compensation) contracts for the practice, where none existed previously. ⧫ Operations: Expanded the company from one to five offices. ⧫ Marketing Strategy: Strengthened and solidified brand by creating all marketing collateral, including logo development, advertising, and marketing campaign management. ⧫ Government Healthcare Programs: Transitioned practice from 95% Lien Workers’ Compensation to 100% Authorized Workers’ Compensation in 12 months and instituted a diversified payer-mix strategy. ⧫ Customer Relationships / Metrics: Improved service delivery by creating a Patient Satisfaction Survey and utilizing data to track results.

PACIFIC MEDICAL CLINIC – Santa Ana, CA 1992 – 2003
Senior Administrator | Operations and Marketing
Built the occupational, industrial, and family medicine clinic from the ground up. Created the structure, workflow, policies and procedures, hired and trained personnel, identified the site, negotiated leases, and executed the complete build-out of operations.
⧫ Process Improvement: Created a Policy and Procedure Manual to fill process gaps and ensured 100% compliance with OSHA, Workers’ Compensation, and medical practice guidelines. ⧫ Marketing Strategy: Promoted and grew practice by partnering with marketing staff to develop marketing collateral tailored to client companies.

EDUCATION & CREDENTIALS
Certification 9/1/2021
Packet Pg. 1183
Stanford University, Graduate School of Business, Leading Through Personal Excellence Executive MBA Candidate – Pepperdine University (coursework completed) BS in Health Systems Management – Chapman University
Packet Pg. 1184
Joseph Moritz
Linkedin.com/in/Joseph-Moritz |[email protected]|760-212-5910 | [email protected] Qualification
Self-motivated leadership for over 20 years with proven success for both cultural and quota metric driven enterprise goals. Possess positive energy and solutions-based problem-solving skills for team growth.

Relevant Experience
Concentra, Murrieta, Ca. 2014-Present
Sr. Key Accounts Manager, Director Inland Empire
• Maintained Goal year over year, Managing a portfolio of $23.8 million current YTD 110.11%. • Manage relationships between Workers Compensation Claims Managers and Employer contacts at Amazon, UPS, County of Riverside, County of San Bernardino, Keenan, AdminSure, and Sedgwick. • Maintained Goal year over year, for 5 years, while still focusing growth on home clinics of operation. • Brought in $3,394,662 of new business revenue in 2018. Developed cohesive working relationships with both Center Ops. Dir. and Clinicians and cultivated solid synergy with Regional Leadership Team.

Meritus Corp., Irvine, Ca. 2012-2014
Major Account Executive
• Cultivated relationships with clients over $1 million per month in revenue. • Worked in person, phone, & would Video Conference around the world. • Won the 2013 Operations Commitment to Excellence Award, employee of the year.

SuperMedia LLC, Ontario, Ca. 2009-2012
Account Executive
• Golden Eagle award winner 26 consecutive pay periods of positive same store growth. • Navy Seal Mentor award, cultivated, new Reps to successfully achieve over-budget status. • Sales-management training program. Personally mentored & groomed by VP West Coast Sales.

Y.R.C. Roadway Inc., Long Beach, Ca. 2006-2009
Senior Account Executive
• Cultivated a portfolio of 150+ clients maintaining 102% growth during a market recession.

Consultant, Ontario, Ca. 2002-2006
Director of Sales
• I hired/fired, trained and cultivated Acct. Executives for portfolio growth as well as new sales.

ECOLAB, Inc., Industry, Ca. 1999-2002
Senior Account Executive
• Assisted the Sales Manager by interviewing candidates for hire and creating marketing strategies. • Launched a successful corp. campaign to Stater Bros. Markets Corp. chain, worth $285k. • Sold and managed the Chain Account: The Coffee Bean and Tea Leaf worth over $100k. • As part of a National Government Bid Team sold and managed The Chino Prison worth $100k.

Education
Franklin Covey Seminar, Business Organization and Team Relationships.

University of San Francisco, Advanced Social Media Marketing Almeda University: Bachelor of Arts, Business Management 6/2006 Packet Pg. 1185
City of San Bernardino ♦ RFP F-23-02
Occupational Medical Clinic Services
October 6, 2022 © 2022 Concentra Operating Corporation. All rights reserved. Attachment Attachment B
Legal and Risk
Our Legal and Risk Departments reviewed the terms, conditions, and insurance requirements and made minor modifications to the language. We include these suggested revisions on the following pages. If Concentra is the successful bidder, we desire to engage in open dialogue with the City, review the proposed modifications, and ultimately create an agreement that not only outlines the schedule of services, but also protects the business interests of both the City and Concentra.

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REBID RFP F-22-62A
12 EXHIBIT A

SCOPE OF SERVICES

OCCUPATIONAL MEDICAL CLINIC SERVICES

1. Pre-employment medical examinations and evaluations for perspective employees. The objectives of the City pre-employment exam process are to ensure that all candidates for City employment are, a) medically capable to perform job duties, b) not placed in positions that can aggravate existing medical conditions or create hazards to themselves or others, and c) permit maximum accommodation of individuals with disabilities.

Physiologic measures required of all applicants will include, but may not be limited to blood pressure, pulse, respiration, temperature, height, weight, visual acuity (corrected and/or uncorrected), color vision, and urinalysis.

2. Work fitness examinations/evaluations as requested by the city to determine an employee’s physical ability to perform the duties of their position without undue hazard to employee or others.

3. Medical examinations/evaluations required for commercial driver’s license (Class A/B license).

4. Services of a licensed psychologist/therapist or psychiatrist, who can evaluate industrial or non-industrial stress and psychological issues.

5. Drug testing in accordance with Department of Transportation (DOT). The City has established drug testing programs consistent with DOT. The City’s DOT testing includes pre-employment, post-accident, reasonable suspicion, random testing, and follow-up testing, with the addition of periodic testing of individuals. Service shall be available twenty-four (24) hours per day, seven (7) days per week, either directly or in partnership with another qualified provider.

6. Occupational/environmental health exams and evaluations (e.g., respiratory, hearing etc.).

7. First aid treatment at the proposer’s medical facility of minor industrial injuries that do not require more than one follow-up visit. First aid means any one-time treatment, and any follow-up visit for the purpose of observation, of minor scratches, cuts, burns, splinters, or other minor industrial injury, which do not ordinarily require medical care as defined by Labor Code Section 5401. This one-time treatment, and follow-up visit for the purpose of observation, is considered first aid even though provided by a physician or registered professional personnel.

8. Return to Duty evaluations.

9. Prepare and submit a written summary of medical exam/test results to the City in complete, accurate and understandable style, no later than forty-eight (48) hours after an exam or 5 days following a P.O.S.T. exam. All results, including drug and alcohol results, must be included in this summary. Inform City departmental contact by email within fortyeight (48) hours with complete medical screening results. Provider shall advise City Departmental Contact of any delays. If exam is inconclusive and additional time is DocuSign Envelope ID: 83FC8427-14A6-418E-AA1F-8BAAEA8C5E0D Packet Pg. 1187
REBID RFP F-22-62A
13 required, Provider shall contact the City Departmental contact within the forty-eight (48) hour time period to provide status report.

10. Transportation services to and from the facility when necessary.

11. Medical examinations and evaluations as requested by the City to determine if an employee’s injury or illness is work related.

12. Contractor shall, per the request of the City and/or per Occupational Safety and Health Administration (OSHA) protocol, provide the following, but not limited to: Respirator Clearance Examinations, Proof of Immunization Services, and Proof of immunity examinations and vaccinations as determined necessary.

13. Provide vaccinations and immunizations for communicable diseases including, but not limited to, hepatitis, rabies, tetanus, and other communicable diseases as required and/or in response to public emergencies as determined by the County’s Public Health Department. Provide Tuberculosis Testing shall be as follows: Initial and annual tuberculosis screenings for City employees upon request; Provide mass testing/screening at various City worksites upon request; and provide tuberculosis skin testing for employees exposed to active tuberculosis and who have been determined to need additional testing by the City.

14. Initiate and/or update and maintain medical/health records on all employees and applicants for whom Contractor provides services. Initiate health records on all City job applicants including, but not limited to the following: health questionnaire, results of all tests, proofs of immunity, examinations, physician consultations, and progress notes with rationale for any additional tests or reports outside of the scope of usual examination. These records and all related materials shall remain the property of the City.

15. Maintain and store all medical records for the term of the contract at no additional cost and in a secure and confidential manner. Should the Agreement be cancelled or expire, these records are the property of the City and shall be made available to the City within two (2) weeks of cancellation or expiration, at no charge to the City.

16. Physical exams must be able to occur within two (2) working days of being requested to do so by the City. Applicants/Employees should wait no longer than thirty (30) minutes from the time of actual appointment, before services are begun.

17. Contractor shall provide staff containing licensed examining physicians, clinicians and support staff who are experienced in occupational medicine and familiar with state and federal laws. Contractor shall also provide appropriate support staff, such as licensed nurses, medical technicians, etc., as well as necessary facilities, equipment, supplies and materials.

18. Contractor shall maintain examination centers located within San Bernardino or Riverside County and convenient to the City. The City will consider proposals whose facilities are not in close proximity to the City. The Contractor shall provide services during normal business hours Monday-Friday, City holidays excluded. Location of services shall be handicapped-accessible and shall conform to all applicable federal, state, and local safety laws.

DocuSign Envelope ID: 83FC8427-14A6-418E-AA1F-8BAAEA8C5E0D Packet Pg. 1188
REBID RFP F-22-62A
14 Bidders must acknowledge all requirements of previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city
BIDDER’S RESPONSE:

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REBID RFP F-22-62A
15 EXHIBIT B

CITY OF SAN BERNARDINO -EXAMPLEPROFESSIONAL SERVICE

AGREEMENT

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2021 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF

ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
[***INSERT DESCRIPTION***] (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.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. Professional Practices. All professional services to be provided by consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

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REBID RFP F-22-62A
16 4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” [***Alternatively, the compensation schedule may be described here***] b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. 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.

6. Term. This Agreement shall commence on the Effective Date and shall continue for one (1) year (“Initial Term”). Thereafter, the parties shall mutually agree in writing to extend the Agreement (“Renewal Terms”) and the pricing shall be as set forth in Exhibit A. through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”). [***Alternatively, the term can be spelled out in this section without reference to the Exhibit***]

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. 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.

8. Time of Performance. Consultant shall perform its services in a prompt and Packet Pg. 1191
REBID RFP F-22-62A
17 timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. 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 a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event 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. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. 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.

11. Standard of Care. Consultant’s services will be performed in accordance Packet Pg. 1192
REBID RFP F-22-62A
18 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.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ Packet Pg. 1193
REBID RFP F-22-62A
19 policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed 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.

Packet Pg. 1194
REBID RFP F-22-62A
20 c. 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 elected and appointed 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. d. 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.
e. Professional Medical Malpractice Liability (Errors and Omissions) Article I. At all times during the performance of the work under this Agreement the Consultant shall maintain professional medical malpractice 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 Packet Pg. 1195
REBID RFP F-22-62A
21 must 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.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 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 Medical Malpractice Liability $2,000,000
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 only on the Commercial General Liability and Automobile Liability policies. g. 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. h. Policy Provisions Required
Packet Pg. 1196
REBID RFP F-22-62A
22 (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 the 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 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 medical malpractice liability coverage, shall contain or be endorsed to provide 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. i. 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.

Packet Pg. 1197
REBID RFP F-22-62A
23 j. 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. (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 the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. 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.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged 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, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members Packet Pg. 1198
REBID RFP F-22-62A
24 of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors 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). [***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK

SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]If the Services are being performed as part of an applicable “public works” or “maintenance” project, 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.

19. 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 Packet Pg. 1199
REBID RFP F-22-62A
25 same.

20. 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 San Bernardino, State of California.

21. 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 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.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

Packet Pg. 1200
REBID RFP F-22-62A
26 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. 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.

27. Organization. Consultant shall assign [***INSERT NAME***] as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. 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 the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]

30. 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.

31. 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 Packet Pg. 1201
REBID RFP F-22-62A
27 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.

32. Entire Agreement. This Agreement, including Exhibit “A,” 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 is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. 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.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. 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.

Packet Pg. 1202
REBID RFP F-22-62A
28 40. Prohibited Interests. Consultant maintains and warrants that it has neither 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 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 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.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

43. Medical Records. Medical Records.
(a) Custodian. Consultant shall serve as the custodian of medical records created at the clinic during the term of this Agreement. Consultant, as custodian of records shall abide by all local, state, and federal requirements for such record retention during and after the term of this Agreement. Consultant shall also abide by all applicable laws related to Consultant and the medical service record retention. City acknowledges that Consultant will provide copies of medical records to any third-party requestor (with the appropriate executed release from the employee/patient, court order, or business affidavit, as applicable).
(b) Access. City understands and acknowledges that the City is not entitled to access any patient medical records except to the extent allowed by law.

Consultant is a “covered entity” as enumerated in 45 CFR §160.103. As a covered entity, Consultant may only disclose protected health information as authorized by and to the extent allowed by law.
(c) Retention and Destruction. Upon the termination of this Agreement for any reason, Consultant shall maintain all records created against the statutory and regulatory requirements. Should City request records be maintained by Consultant beyond any state, local or federal rule due to an ongoing audit or legal matter, then City shall be invoiced for such retention for as long as such records are retained until written notice from City to destroy such retained records.

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Packet Pg. 1203
REBID RFP F-22-62A
29 This Section 43 shall survive the termination of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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Packet Pg. 1204
REBID RFP F-22-62A
30 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***]
City Manager
ATTESTED BY:
[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
SAMPLE DO NOT SIGN________
Signature
Name
Title
Packet Pg. 1205

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
10/4/2022
The Graham Company
The Graham Building
1 Penn Square West
Philadelphia PA 19102-
Concentra Unit 215-567-6300 215-405-2694 [email protected] Columbia Casualty Company 31127 CONCGRO-01 Liberty Mutual Fire Ins. Co. 23035 Occupational Health Centers of California,
A Medical Corporation, c/o Select Medical Corporat
4716 Old Gettysburg Road
Mechanicsburg PA 17055
Liberty Insurance Corporation 42404 Liberty Mutual Insurance Group 23043 American Guarantee & Liability Ins. Co. 26247 Allied World Assurance Company, AG 269153364 A X 1,000,000 X 500,000 X Professional Lia X $1M Claim/$3M Ag 1,000,000 3,000,000 X Y Y HAZ 4032244581-6 1/1/2022 1/1/2023
3,000,000
B 2,000,000 XY Y AS2-631-510199-322 4/1/2022 4/1/2023
A X X 9,000,000 Y Y HMC 4032235752 1/1/2022 1/1/2023
10,000,000 X
3,000,000
C
D
Y WA7-63D-510199-352
X
WC5-631-510199-362
4/1/2022
4/1/2022
4/1/2023
4/1/2023
1,000,000 1,000,000 1,000,000
E
F
Property
Excess Liability
ZMD0119116-06
C023701-007
1/1/2022
1/1/2022
1/1/2023
1/1/2023

SEE BELOW
$10M Each Occurrence $10M Aggregate
UMBRELLA LIABILITY COVERAGE includes Excess General Liability on an Occurrence Basis and Excess Professional Liability on a Claims Made Basis.

Both Coverages are excess of a $3,000,000 Self-Insured Retention each Occurrence/Claim subject to a $18,000,000 Aggregate.

PROFESSIONAL LIABILITY COVERAGE includes Case Management Services including the rendering of case management or utilization review performed by insured for others.

INDIANA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244595-8; Effective 1/1/2022-1/1/2023 - $500,000 Each Medical Incident/$1,500,000 Aggregate Per Insured or Surgeon See Attached...

CITY OF SAN BERNARDINO
Attn: PURCHASING
290 NORTH D STREET
SAN BERNARDINO CA 92401 Packet Pg. 1206
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

CONCGRO-01 1 1
The Graham Company
Occupational Health Centers of California,
A Medical Corporation, c/o Select Medical Corporat
4716 Old Gettysburg Road
Mechanicsburg PA 17055
25 CERTIFICATE OF LIABILITY INSURANCE
KANSAS PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244600-8; Effective 1/1/2022-1/1/2023 - $500,000 Each Medical Incident/$1,500,000 Aggregate Per Insured or Surgeon LOUISIANA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244614-8; Effective 1/1/2022-1/1/2023 - $100,000 Each Medical Incident/$300,000 Aggregate Per Insured or Surgeon NEBRASKA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244628-8; Effective 1/1/2022-1/1/2023 - $500,000 Each Medical Incident/$1,000,000 Aggregate Per Insured or Surgeon PENNSYLVANIA PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Columbia Casualty Company - Policy #HAZ 4032244631-8; 1/1/2022-1/1/2023 - $500,000 Each Medical Incident/$1,500,000 Aggregate Per Insured or Surgeon WISCONSIN PHYSICIAN PROFESSIONAL LIABILITY COVERAGE - Continental Casualty Company - Policy #HAZ 4032244659-8; 1/1/2022-1/1/2023 - $1,000,000 Each Medical Incident/$3,000,000 Aggregate Per Insured or Surgeon PROPERTY COVERAGE: Risk of Physical Loss or Damage to Covered Property subject to policy terms and conditions.

WORKERS COMPENSATION - Occupational Health Centers of California, A Medical Corporation - Liberty Mutual Insurance Corp. - Policy #WA5-63D-510199-312; Effective: 4/1/2022-4/1/2023
WORKERS COMPENSATION - Occupational Health Centers of Southwest, P.A. - Liberty Insurance Corp. - Policy #WA7-63D-510199-402; Effective:
4/1/2022-4/1/2023
WORKERS COMPENSATION - Occupational Health Centers of Southwest, P.A. - Liberty Mutual Insurance Corp. - Policy #WC5-631-510199-252 (WI); Effective: 4/1/2022-4/1/2023
ADDITIONAL WORKERS COMPENSATION POLICIES:

OHC of Arkansas – Liberty Insurance Corp. - Policy #WC7-631-510199-282; Effective: 4/1/2022-4/1/2023 OHC of Southwest (AZ/UT) – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-242; Effective: 4/1/2022-4/1/2023 OHC of Delaware – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-332; Effective: 4/1/2022-4/1/2023 OHC of Georgia/Hawaii – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-382; Effective: 4/1/2022-4/1/2023 OHC of Illinois – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-412; Effective: 4/1/2022-4/1/2023 OHC of Louisiana – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-292; Effective: 4/1/2022-4/1/2023 OHC of Michigan – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-272; Effective: 4/1/2022-4/1/2023 OHC of Nebraska – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-372; Effective: 4/1/2022-4/1/2023 OHC of New Jersey – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-262; Effective: 4/1/2022-4/1/2023 OHC of North Carolina – Liberty Insurance Corp. - Policy #WC7-631-510199-342; Effective: 4/1/2022-4/1/2023 OHC of Southwest (KS) – Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-422; Effective: 4/1/2022-4/1/2023 Therapy Centers of Southwest I, PA (OR) - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-392; Effective: 4/1/2022-4/1/2023 Therapy Centers of South Carolina, PA - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-302; Effective: 4/1/2022-4/1/2023 OHC of Minnesota - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-452; Effective: 4/1/2022-4/1/2023 OHC of Alaska - Liberty Mutual Fire Insurance Company - Policy #WC2-631-510199-442; Effective: 4/1/2022-4/1/2023 CYBER LIABILITY - AIG Specialty Insurance Company - Policy #01-581-98-19; Effective: 9/25/2022-9/25/2023 - Limit: $10,000,000 EXCESS CYBER LIABILITY - Endurance American Specialty Insurance Company - Policy #NVX30025438400; Effective: 9/25/2022-9/25/2023 - Limit:
$10,000,000 Excess of $10,000,000
CRIME COVERAGE - National Union Fire Insurance Company of Pittsburgh, PA - Policy #02-406-10-33; Effective: 12/31/2021-12/31/2022 - Limit: $10,000,000 Coverage is provided for all medical professionals currently or previously employed or contracted by the above Named Insured, but only for professional services performed for or on behalf of the above Named Insured.

RE: OHC OF CA/CMC IS BIDDING ON AN RFP UNDER # F-22-62A WHICH IS BIDDING TO PROVIDE MEDICAL SERVICES TO THE EMPLOYEES OF THE NAMED CLIENT.

CITY OF SAN BERNARDINO; ITS OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS, VOLUNTEERS are all included as additional insureds on the above General Liability, Auto Liability and Umbrella Liability Policies and coverage shall apply on a Primary and Non-Contributory basis if required by written contract.

Prior to loss, and if required by written contract, Waiver of Subrogation is provided on General Liability, Auto Liability, Umbrella Liability and Workers Compensation Policies for work performed under contract if permissible by state law.

Packet Pg. 1207

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
Person or Organization
Schedule
Job Description
Where required by contract or
written agreement prior to loss and
allowed by law.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of $ 250
Effective Date Premium $
Issued by Liberty Insurance Corporation 21814
For attachment to Policy No. WA7-63D-510199-312
Issued to Concentra Group Holding Parent, LLC
WC 04 03 06
Ed: 04/1984

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