HomeMy WebLinkAboutCC AG PKT 2008-01-14 #Q
e
AGENDA REPORT
DATE: January 14, 2008
TO: Honorable Mayor and City Council
TIiRU: David Carmany, City Manager
FROM: Jeff Kirkpatrick, Chief of Police
SUBJECT: SEAL BEACH PROFESSIONAL SERVICE AGREEMENT:
DR. DAVID R. BLOOM, M,D. (CONSULTANT)
SUMMARY OF REQUEST:
e
At their meetIng of September 23,2007, Council approved the opening and operation of
.the City Jail by the Police Department. Subsequently, the City CounCil amended the
'07-'09 budget for operation of the city jail, which included contract professional
sel"Vlces. Federal and state laws and codes require that medIcal personnel be available for
Inmate care DaVId R. Bloom, M.D. is a California licensed phYSICian and qualified to
provide medical services as delIneated in the agreement.
Staff ]S requesting Councll authorization to execute the Professional Services Agreement
between the City and Consultant David R. Bloom, MD. The City Attorney has reviewed
the agreement and approved it as to form.
BACKGROUND:
Following non-renewal of the CIty's contract with Correctional Systems Inc. to proVlde
Jail services, Requests for Proposals were solIcited from alternate prospective jail
operators. No satisfactory subrmssions were received. The Police Department submitted
Jail alternatives and budget to Council, which they approved. In preparation to open a
full sel"Vlce Jml, the PolIce Department-recommended Consultant to proVIde medical
services to Jail inmates. To ensure that the City and Consultant are in mutual agreement,
the City Attorney-reviewed Professional Services Agreement now comes before the City
Council. The Support Services DiVIsion, PolIce Department, staff contacted a number of
medical groups and doctors. Of the two doctors who responded, the police department
recommends Dr. Bloom because of his responSiveness, dIsclosures, low cost and inSight
of Jail operations.
FISCAL IMPACT:
e
Consultant Bloom would be paid from the Jml Operations Account 001-024-44000,
Contract Professional Services, of at least $13,575 per annum for basic med1cal services.
Agenda Item OJ.
e
RECOMMENDATION:
Staff requests that the City Council authorize the City Manager to execute the
Professional Services Agreement between the City and David R. Bloom, M.D. for
medical services as delineated.
NOTED AND APPROVED:
o--..::t'-
DaVid Cannany, Clt"lanager
e
e
e
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCll. OF THE CITY OF
SEAL BEACH AUTHORIZING THE CITY MANAGER TO SIGN
SEAL BEACH PROFESSIONAL SERVICE AGREEMENT WITH
CONSULTANT DAVID R. BLOOM, M.D.
The CIty Council of the City of Seal Beach hereby resolves as follows:
SECTION 1 The City Cowcll hereby approves of the Seal Beach ProfesSIOnal
ServIce Agreement allowing Consultant to provide the CIty WIth medIcal servICes for the
CIty's JaIl operal1ons as delIneated In the agreement and authonzes the City Manager to
SIgn necessary agreement WIth DavId R Bloom, M.D.
SECTION 2. The CIty Clerk shall cerl1fy to the passage and adoption of t1us
resolution.
PASSED, APPROVED, AND ADOPTED by the CIty Council nf the City of Seal
Beach on the 14th day of January. 2008 by the follOWing vote.
AYES. Council Members
NOES Council Members
ABSENT: Council Members
ABSTAIN' CouncIl Members
e
Mayor
ATTEST:
CIty Clerk
STATEOFCAUFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
r. LInda DevlDe, CIty Clerk of Seal Beach, CalIfornia, do hereby Cerl1fy that the
foregOing resnlul10n IS the ongmal copy of Resolul1on Number _on file In the office
of the City Clerk, passed, approved, and adopted by the City CounCIl of the CIty of Seal
Beach, at a regular meellDg thereof held on the 14th day of January. 2008
e
CIty Clerk
e
e
e
CITY OF SEAL BEACH
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this 28th Day of January 2008, by and between
the City of Seal Beach ("City") and Dr. DaVId R. Bloom, M.D. ("Doctor").
RECITALS
A. Doctor desires to perform Il1}d assume responsibility for the provision of certain
professional servJ.ces for the City. Doctor represents that it is expenenced in providing
profeSSIOnal ServJ.ces to public clients, and is farmhar with the scope of work of City.
B. City desires to engage Doctor to render professional SefV1ces in accordance with
thiS Agreement.
AGREEMENT
1. Scope of Services
1.1 MedIcal Services
Doctor promises and agrees to provide medical services to the inmates of the Seal Beach
City Jail. For purposes of this agreement, "medical services" includes: serving when avaJlable
and on an "as needed" basis as the authorizing physician for any and all screenmg physical
exams of inmates and for the admimstering of any and all necessary prescription medications to
mmates by the on-duty nursing staff when deemed medically appropriate by Doctor in
consideration of the specific condluon(s) and the fact that the Seal Beach City JaJlls a site of
limited medical staffing and services; provldmg and overseeing BaSIC First Aid treatment
according to established policies; and providing triage to 9ll/paramedics/Los Alamltos
Emergency Department per the appropriate protocol. Doctor will consult the Jail nurse, Senior
JaJlor, or Support Services Manager by phone or in person up to 8 umes each calendar month
regarding minor medJ.cal issues and minor medical policy updates. Doctor will provide to the
City all labor, materials, tools, equipment, services, and inCidental and customary work
necessary to fully and adequately supply the medical services covered by this Agreement. All
medical services shall be subject to and performed in accordance with this Agreement, and all
apphcable local, state, and federal laws, rules and regulations.
1.2 Comoliance Services
Doctor promises and agrees to serve as the Pohcy and Procedure ReViewing Physician,
and m such capacity, ensure that the City's medical procedures and standards comply with the
regulations and guidelines of both the State of California Department of Corrections and
Rehabilitation and the Orange County Department ofHea1th.
2. Term
The term of this Agreement shall begin on January 28,2008, and continue thereafter until
terminated in accordance with the terms of this Agreement.
10f8
87296-0001 \ I 022061 v4 doc
e
e
e
3. Responsibilities of Doctor
3.1 Control and Payment of Subordinates: Indeoendent Contractor
All services provided pursuant to this Agreement shall be performed by Doctor or under
his personal superY1sion. Doctor will determine the means, methods, and details of performmg
the services. City retains Doctor as an independent contractor and not as an employee. Any
additional personnel performing services under this Agreement on behalf of Doctor shall also not
be employees of City and shall at all times be under Doctor's exclusive direction and control.
Doctor shall pay all wages, salaries, and other amounts due such personnel in connectIOn With
their performance of services under tIns Agreement and as required by law. Doctor shall be
responsible for all reports and obligations respecting such additional personnel, mcludmg, but
not limited to: social security taxes, income tax withholding, unemployment insurance, dIsability
insurance, and workers' compensation insurance.
3'.2 Cltv'S Reoresentative
The City hereby designates or his designee, to act as its representative for the
performance oftIus Agreement ("City's Representative"). City's Representative shall have the
power to act on behalf of the City for all purposes under tIns Contract. Doctor shall not accept
direction from any person other than the City's Representative or his or her designee.
3.3 Standard of Care
Doctor shall perform all services under this Agreement m a skillful and competent
manner, consistent With the profeSSional standards generally recognized as bemg employed in
the same discipline in the State of CalIfornia. Doctor represents that it, its employees and
subcontractors have all lIcenses, permits, qualifications, and approvals of whatever nature that
are legally required to perform the services under this Agreement, and that such licenses and
approvals shall be maintained throughout the term of thiS Agreement Any employee who is
determmed by the City to be uncooperative, mcompetent, a threat to the adequate or timely
proVIsion of services, a threat to the safety of persons or property, or any employee who fails or
refuses to perform the services in a manner acceptable to the City, shall be promptly removed by
the Doctor and shall not be re-employed to perform any of the services under tIns Agreement.
3.4 Laws and Relrul.ations
Doctor shall keep Itself fully informed of and in compliance with all local, state, and
federal laws, rules, and regulations in any manner affectmg the performance of the Project or the
SerY1ces, including all CaIlOSHA requirements, and shall give all notices required by law.
Doctor shall be liable for all violations of such laws and regulations in connection with services
provided under this Agreement. If the Doctor performs any work knowing it to be contrary to
such laws, rules, and regulations, and without giving wntten notice to the City, Doctor shall be
solely responsible for all costs arising therefrom. Doctor shall defend, mdemmfy, and hold City,
ItS officials, directors, officers, employees and agents free and hannless, pursuant to the
indemnification provisions of this Agreement, from any claim or lIability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
20f8
87296-000 I \1 022061 v4.doc
e
e
e
3.5 Insurance
3.5.1 Time for Compliance
Consultant shall not commence work under this Agreement untIl he has provided
evidence satisfactory to the City that Consultant has secured all insurance required under thIS
section. Consultant shall furnish City with original certIficates of Insurance and endorsements
effecting coverage required by this Agreement on forms satisfactory to the CIty. The certIficates
and endorsements for each insurance policy shall be signed by a person authonzed by that
insurer to bind coverage on its behalf, and shall be on forms provided by the City If requested.
All certificates and endorsements must be received and approved by the City before work
commences. The City reserves the right to reqUIre complete, certIfied copies of all required
Insurance policies, at any time.
3.5.2 Mimmum Requirements
Consultant shall, at its expense, procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damages to property that may arise from or In
connection WIth the performance of this Agreement. Insurance is to be placed with InSurers with
a current A.M. Best's rating no less than A.VIII, licensed to do business in California, and
satIsfactory to the City. Coverage shall be at least as broad as the latest version of the following:
(I) General LIability: Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001); and (2) Automobile Liability: Insurance Services Office Business
Auto Coverage form number CA 0001, code 1 (any auto). Consultant shall maintaIn limits no
less than: (1) General LiabIlity: $1,000,000 per occurrence for bodily injury, personal injury and
property damage and If Commercial General Liability Insurance or other form with a general
aggregate limit is used, eIther the general aggregate limit shall apply separately to this
Agreementllocation or the general aggregate limit shall be twice the required occurrence limit;
and (2) Automobile LiabIlity: $1,000,000 per accident for bodIly Injury and property damage.
Consultant shall, at its expense, procure and maintain for the duration of the Agreement
profesSIOnal lIabilIty msurance m the amount of $l-;QOO,OOO.
3.5.3 Insurance Endorsements
The insurance polIcies shall contain the following prOVIsions, or Consultant shall proVIde
endorsements on forms supplied or approved by the City to state: (i) coverage shall not be
suspended, voided, reduced or canceled except after 30 days prior wntten notice by certified
mall, return receipt requested, has been given to the City; (it) any failure to comply with
reportmg or other provisIOns of the pOlICIes, including breaches of warranties, shall not affect
coverage provided to the CIty, Its directors, officials, officers, (iii) coverage shall be primary
insurance as respects the City, ItS dIrectors, officials, officers, employees, agents and volunteers,
or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage and that any insurance or self-msurance mamtained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (IV) for general lIability insurance,
that the City, its directors, officials, officers, employees, agents and volunteers shall be covered
as additIonal insureds with respect to the services or operations performed by or on behalf of the
Consultant, including matenals, parts or equipment furnished in connection with such work; and
30f8
S7296-ll001\I022061v4 doc
e
e
e
(Ii) for automobile liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant IS responsible.
3.5.4 Separation of Insureds; No Special Lllmtations
All insurance required by this Sect:ton shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any specIal limitations on the scope of
protectIOn afforded to the City, ItS directors, officials, officers, employees, agents, and
volunteers.
3.5.5 Deductibles and Self-Insurance Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the CIty, either: (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the CIty, its dIrectors, officials,
officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond
8\)aranteeing payment of losses and related investigation costs, chums and administrative and
d~fense expenses.
4. Fees and Payments
4.1 Retainer Fee
City shall pay Doctor a monthly retainer fee of $1,000, to be paid no later than 30 days
after the last day of the precedmg month during which ServICes were provided under this
Agreement.
4.2 Additional ComDensation
City shall pay also pay Doctor, as follows:
· $1,275 per annum for conducting a Title 15 Annual Review of the medIcal
policies, manual, and related documents for the Seal Beach CIty Jm1.
· $300 per inspection of the Seal Beach City Jail's first aid kit(s), medication
storage, .and general inmate medical record keeping performed at the request of
the Senior Jailer or Support Services Manager.
· $200 per hour for consulting at the request of the Semor Jmler or Support ServJ.ces
Manager for detailed case review beyond the scope of the nurse or for major
policy updates or other medIcal-related recommendations.
· $300 per inmate screening physical performed at the request of the Senior JaJ\er
or Support Services Manager.
40f8
S7296-000 1\ I 022061 v4 doc
e
e
e
Doctor shall submit to City a monthly itelmzed statement that indicates the number of
requests and responses each month. City shall, within 30 days of receiving such statement,
review the statement and pay all approved charges thereon.
4.3 Reimbursement for Exnenses
Doctor shall not be reimbursed for any expenses unless authorized m writing by the City.
5. Termination
5.1 Termination bv Cltv
City may, by wntten notice to Doctor, terminate the whole or any part of this Agreement
at any time and without cause by giving written notice to Doctor of such termination, and
specifying the effective date thereof, at least 7 days before the effective date of such termination.
Upon tennination, Doctor shall be compensated only for those services that have been
adequately rendered to City, and Doctor shall be entitled to no further compensation.
5.2 Termination bv Doctor
Doctor may, by written notice to City, termmate this Agreement at any time and Without
cause by giving written notice to City of such termination, and specifying the effective date
thereof, at least 30 days before the effective date of such termination. Upon tenninatlOn, Doctor
shall be compensated only for those services that have been adequately rendered to City, and
Doctor shall be entitled to no further compensation.
5.3 Documents and Data
If this Agreement is terminated as provided herein, City may require Doctor to provide
all finished or unfinished Documents and Data and other information of any kmd prepared by
Doctor in connection With the performance of services under this Agreement. Doctor shall
provide such documents and other information to City within fifteen days of the request.
6. Notices
All notices permitted or required under this Agreement shall be given to the respective
parties at the following address:
DOCTOR: David R. Bloom, M.D.
17822 Beach Blvd., Suite 325
Huntington Beach, California 92647
CITY: Seal Beach Police Department
911 Seal Beach Boulevard
Seal Beach, Califorma 90740
Attn: City Clerk
Such notice shall be deemed made when personally dehvered or when mailed 48 hours
after depOSit in the U.S. Mail, first class postage prepaid and addressed to the party at its
50f8
57296-0001\1 022061 v4 doc
e
e
e
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
7. Confidentiality
All ideas, memoranda, specifications, plans, procedures, drawings, descriptions,
computer program data, input record data, written information, and other Documents and Data
either created by or provided to Doctor m connection with the performance of this Agreement
shall be held confidential by Doctor. Such matenals shall not, without the prior written consent
of CIty, be used by Doctor for any purposes other than the performance of the Services. Nor
shall such materials be dISclosed to any person or entity not connected WIth the performance of
the Services or the Project. Nothing furnished to Doctor that is otherwtse known to Doctor or IS
generally known, or has become known, to the related mdustry shall be deemed confidentIal.
Doctor shall not use City's name or insIgnia or any publicity pertaining to the services provided
under this Agreement m any magazine, trade paper, newspaper, televIsion or radIo productwn or
other simIlar medium without the prior written consent of City.
8. Attorney's Fees
If either party commences an action against the other party, either legal, administrative or
otherwise, arising out of or m connection with this Agreement, the preVaIling party in such
lItigatIon shall be entitled to have and recover from the losing party actual attorney's fees and all
other costs incurred in connectIon with such action.
9.
Indemnification
Doctor shall defend, indemnIfy and hold the City, ItS officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, lIability, loss, damage or injury, in law or eqUIty, to property or persons,
mcludmg wrongful death, in any manner arising out of or inCIdent to any acts, omissions or
willful mIsconduct of Doctor, his employees, agents, ~smg out of or in connection with the
performance of this Agreement, mcludIng WIthout limitation the payment of all consequential
damages and attorneys fees and other related costs and expenses. Doctor shall defend, at
Doctor's own cost, expense and nsk, any and all such aforesaId SUItS, actIons or other legal
proceedmgs of every kmd that may be brought or mstItuted against CIty, ItS directors, officials,
officers, employees, agents or volunteers. Doctor shall pay and satisfy any judgment, award or
decree that may be rendered against City or its directors, offiCIals, officers, employees, agents or
volunteers, m any such suit, action or other legal proceeding. Doctor shall reImburse CIty and its
dIrectors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses
and costs incurred by each of them in connectIon therewtth or In enforcing the mdemnity herem
provided. Doctor's oblIgatIon to indemrufy shall not be restncted to insurance proceeds, if any,
received by the City, its directors, officials, officers, employees, agents or volunteers. All duties
of Doctor under thIS Section shall SUrvIve tennination of this Agreement.
60f8
57296-000 11102206\ v4 doc
e
e
e
10. Entire Agreement.
This Agreement contams the entire Agreement of the parties with respect to the subject
matter hereof, and supersedes all prior negotIations, understandings, or agreements. This
Agreement may only be modified by a writmg signed by both parties.
11. Governing Law
ThIs Agreement shall be govemed by the laws of the State of California.
12. Time of Essence
Time is of the essence for each and every provision of this Agreement.
13. Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether
of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntanly
given or performed by a Party shall give the other Party any contractual nghts by custom,
estoppel, or otherwise.
14. Prohibited Interests
Doctor maintams and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Doctor, to solicit or secure this
Agreement. Further, Doctor 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 Doctor, any fee, commission,
percentage, brokerage fee, gift or other consideration contIngent upon or resultIng from the
award or malang of this Agreement. For breach or VIolatIon of this warranty, City shall have the
nght to rescind thiS Agreement without liability. For the term of this Agreement, no member,
officer or employee of City, during the term of his or her SeTVlce with City, shall have any direct
interest in thiS Agreement, or obtam any present or anticipated material benefit arismg therefrom.
15. Equal Opportunity Employment
Doctor represents that he is an equal Opportunity employer and It shall not discnminate
against any subcontractor, employee, or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex, or age. Such non-discnmination shall include, but
not be limited to, all activities related to initial employment, upgrading, demotIOn, transfer,
recruitment or recruitment advertising, layoff, or termination.
16. Labor Certification
By its signature hereunder, Doctor certifies that it is aware of the proviSIOns of Section
3700 of the California Labor Code that require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of that
Code, and agrees to comply with such proVIsions before commencing the performance of the
Services.
70f8
S7296-OO0 I \ I 022061 v4 doc
e
e
e
17. Authority to Enter Agreement
Doctor has all requisite power and authority to conduct Ius business and to execute,
deliver, and perform the Agreement. Each Party warrants that the indiVlduals who have signed
this Agreement have the legal power, nght, and authority to make this Agreement and bind each
respective Party.
CITY OF SEAL BEACH
DOCTOR
By:
.>7-5 /f.- ~1WoIJ
David R. Bloom, M.D.
By:
David Carmany, City Manager
Attest:
By:
Linda Devine, City Clerk
Approved as to Form:
By.
Qumn Barrow, City Attorney
80f8
S7296-000 1\1 022061 v4 doc