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HomeMy WebLinkAbout2023 CON On Duty Health, LLC - Firefighter Physical Fitness AssessmentsAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ON DUTY HEALTH, LLC THIS AGREEMENT is entered into on. this 1.4 day of July, 2022, by and between the CITY OF NATIONAL CITY, a municipal al corporation (the "CITY"), and ON .DUTY HEAT LLC, corporation (the "CONTRACTOR"), RECITALS WHEREAS, the CITY desires to employ a CONTRACTORto provide Ell Firefighter Physical/Fitness Asx t based. on each member's essential job fictions as set forth in their applicable job description. "Fitness Assessment," as defined by the National Fire Protection Association, includes a medical history evaluation, hands-on' physical exam, blood- analysis, urinalysis, , vision testing, audiometry testing, pulmonary function testing, treadmill stress test with 12 lead EKG, cancer screening elements, in substantial compliance with NFPA 82, NFPA 1583, and WFI (Wellness it . Initiative) standards, WHEREAS, the CITY has determined that the CONTRACTOR is on -site occupational health provider specializing in firefighter health and is qualified by experience and ability to perfbrm the services desired by the CITY, and the CONTRACTOR is willing . o perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS ENGAGEMENT .. OF CONTRACTOR, The CITY agrees to engage the CONTRACTOR to provideannual - firefighter health and fitness assessments, and the CONTRACTOR agrees -to perform the services yet forth here in .corder. with I terms and conditions contained herein, The CONTRACTOR represents that all services shall be performed directly by , CONTRACTOR or under direct supervision of the CNTPACTOR. 2. EFFECTIVE DATE AND LENGTHAGREEMENT. This Agreement will become effective on July 1, 2022, The duration of this Agreement is for the period of five years through Arne 30, 2027. Completion dates or time durations for specific portions of roe are set forth in Exhibit "A". This Agreement m y be extendedby mutual agreement upon the same terms and conditions for n additional one I year term. Me e ar ie may exercise up to three one- year extensions, Any extension of this Agreement must be approved in writing the City Manager.. 3. SC PE_OF SERVICES, The CONTRACTOR will perform r ices as set forth in the attached Exhibit "", The CONTRACTOR shall be responsible for all research and. reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by h CITY6 The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be ror m . by the CONTRACTOR under this Agreement* Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith andconfer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, 4. PROJECT COORDINATION AND SUPERVISION. Battalion Chief Brian Krepps hereby is designated as the Project Coordinator for the CITY and will monitor the progress ard execution of this Agreement The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR, Chief Medical Officer Kristin Ballsthereby is designated.as the Project Director for the CONTRACTOR, 5, COMPENSATION AND PAYMENT. The compensation for the C N "RACTOR shall be based on monthlybillings covering actual. work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed 1, 1 MO. The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be r . for paymentand remitted within. thirty days from receipt of invoice, provided i that work is accomplished consistent with Exhibit "A", as determined by the CITY, The CONTRACTOR shall maintain All books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs hicurred, and shall make such materials it bi its office at all reasonable times during the term of this Agreement and for three years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested, 6. ACCEPTABILITYOF WORK* The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of pertbrtnance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the CITY cannot agree the quality or acceptability of the work, the manner of performance and/or o pe s on payable to the CONTRACTOR in this Agreement, .h CITY or the CONTRACTOR shall give to the other written notice* Within ten (10)business days, the CONTRACTOR nd tlite CITY shall each prepare report which supports their position. and file the same .with the other .park The CITY shall, with, reasonable diligence, determine the quality or acceptability of the work, manner of pertbrmance and/or the compensation payable to the CONTRACTOR 7, DISPOSITION , SITION ►.N OWNERSHIP OF DOCUMENTS, The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this project, whether paper or electronic, shall: 1. free from defects;(2) become the property of the CITY for use with respect to this project and 3 shall be tur.ned over to the CITY upon completion. of the project, or any phase thereof, as contemplatedby this Agreement Standard .sent Page Revisod Jan any 2021 On Duty H aIth City of Notionai City and Contemporaneously with the transfer of o um n, the CONTRACTOR C R hereby assigns to .CITY, and. CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this. Agreement, except •upon the CITY' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shalt, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR RACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for ihe CITY'S .purposes,. and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through8 relating intellectual property arid artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared ONTR C ` .R shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. , INDEPENDENT CONTRACTOR. Both parties hereto in the : rrmanof --this- Agreement -will -be -acting i - do ntT it ..and not employeesrpatitners.i- or joint venturers with one another. Neither the CONMCTOR nor the CONTRACTOR'S employees are employees of h CITY, and are not entitled to any of' the rights, benefits, or privileges of the CITY' S employees, including 'but not limited to retirement, medical, omto - ent, or workers' compensation insurance* This Agreement contemplates the personal services of the CONTRACTOR d the CONTRACTOR'S o r s, and it is recognized the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither -this Agreement, nor any interest herein, may assigned by the CONTRACTOR without the prior written consent of the CITY, Nothing hin herein contained is intended to r .n the CONTRACTOR from employingor hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR ay deem necessary for the proper and efficient performance of this Agreement* All agreements by CONTRA CTC R with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adto the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as set forth in this Agreement The CONTRACTOR, or the ONTRACTO ' S agents, servants, or employees are not in manner agents, servants, or employees of the CITY. The CONTRACTOR RACT and its agents, servants, and employees are wholly independent from the CITY and CONTRACTOR'S obligations to the CITY are solely pmscribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance ofthe services to provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR nd each of Standard Agreement Page 3 of:ofil City ()Motional City mid Revigod January =1 On Duty ft itth, LLC its SU CONIC OR S , shall obi lind maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 1.1.. , LICENSES PERMITS , ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONTPACTOR must promptly produce a copy of any such license, permit, or approval to CITY upon request, The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost. and expense, keep in effect at all times during the term .of this Agreement, any license, permit, approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner r consistent with that level of care and skill ordinarily exercised by meinbers of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and membersthe public from risk of harm arising out of the Haters of the work and/or the conditions of the work. site, 13, Unless disclosed in writing prior to the date of this Agreement, the CONTRACTORwarrants to the CITY that it is not now, nor has it for the five 5 years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the C NTRACTOR' S professional performance or the furnishing materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is }i al to the ucc of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, ro s r treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR use due diligence under this sub -section will render the CONTRACTOR liable to the CITY for any increased costs that result from the aryl S later inability to obtain the specified items or any reasonable substitute within, a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time, 13, , 5C .IMINAI N PRO IST NS, The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status., national origin, 13.hysical handicap, or medical condition, The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, r n , demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including ap r nti hip. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause, Standard Agreement Page 4 of 11 GilyofM Mimi City and vi d January 2t On Duty Health, LLC 14. CONFIDENTIAL, INFORMATION. The CITY *Y may from time to time communicateto the CONTRACTOR certain. confidential information to .. the CONTRACTOR to f i . perform the services to be provided herein. The CONTRACTOR shall ireat all such information as confidential and shalt not disclose any part thereof without the prior written consent ofth. CITY. The CONTRACTOR shall limit the use and i i n of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (I) has been disclosed in publicly available sourcesof information;(ii.) is, through no fat of the CONTRACTOR, r aftr disclosed in lily available sources o information; (iii) is already in tith possession. of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTMC11OR by third party, but only to the extent eat the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of e services or the existence of the subject ilia r of thisAgreementwithout . prior written consent of the CITY. in its performance hereunder, the CONTRACTOR. hall comply with all legal obligations it may now or hereafter lave respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNWICATION AND _ _ ARMLSS. To the maximum extent provided by law, The CONTRACTOR agrees. to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and lain , demands, suits, actions, proceedings, reasonable at rn ' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, ow v r, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense ofany action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless oblig ti ntain , herein shall survive the rmxn. of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred. during the term of this Agreement 16. EmpLoympAYMENTS AND ..INDEMNIFICATION. 1-6.1 PERS_ Migibilify Indemnification.. If CONTRACTOR's p l yee(s) providin services .under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to 1i. . 1 for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the m to r e as well as for payment of any penalties and interest on such contributions which would otherwise 'be the responsibility of the CITY'. Standard Agreement Page 5 of 11 City of National City and R.vviseti January 2021 On Duty Health, LUC CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under P RS; 2) be enti.tled to any benefits under PERS; enroll in ERS as an employee of CITY; (4) receive any enAployer contributions paid by CITY for PERS benefits; or cntiticd to any other PERS-related benefit that would accrue to a CITY employee, CONTRACTOR'S employees hereby waive way claims to benefits or compensation described in this S ctin.* This Section 16 applies to CONTRACTOR notwithstanding any other agency, state d ral policy, rule, r ulalio , law or ordinance to the contrary. 16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement sh l be h full and mete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTR C R's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to " TY employees, The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 16.3 IP4flfl.OtiOfl thijuuip.boye Paympllt,, CONTRACTOR agrees to defend and indemnify the CITY for any obligation, °tam, Wit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, 2 any employee of CONTRACTOR, r any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is continuing obligation that survives the termination of this Agreement. 17 woRKERs, compENsATION. The CONTRACTOR h ll comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of theState of California, the applicable provisionsof Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and ho l d harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and. judgment. of every nature and description, including reasonable .: or* y's fees and defense costs presented, nigh or recovered .g in t the CITY or its officers., employees, or olu teer , for or on account of any liability under any of said aots which may be incurred y reason_ of any work to be performed by the CONTRACTOR under this Agreement. 18, I. S JRANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SU ONTRACT R S , when applicable, o purchase and maintain throughout the term this Agreement, the following insurance policies: A. Fj If checked, Professional Liability Insurance (errorsand mi sio s with minimum limits of $1,000,000 per occurrence. B . Automobile insurance covering all bodily injury and property damage incurred i. g the performance of this Agreement, with a minimum coverage of 1, o ,0 combined single limit per accident+ Such automobile insurance shall include owned, nonowned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, n separate a.foal insured endorsement shall be provided. r Standard r ei n. Page � of 11 City ofNational City and Revind January 0 1 On Duty } 1 1t , LI Cl Commercial Genetical Liability insurance., with minimum limits of either $20OO000per occurrence and S4,000,000 aggregate, or , 0, 0 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance un er this Agreement. The .icy shall name the CITY and its. officers, agents,. employees, and volunteers as additionalinsureds.„ a separate additional insured endorsement shall be provided. h general aggregate limit must apply solely to this "project" or "location", The "project" "location" should be noted with specificity on an endorsement that shall be incorporated into the policy* D. Workers' Compensation Insurance in an amount sufficient to meet statutory req-uirements covering all of CONTRACTOR'S employees and employers.' liability insurance with limits of at least $1,000,000 per accident, In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY# Said endorsement shall be provided prior to commencement of work under this Agreement, If CONTRACTOR has no employees subject to the California Workers' Compensation and. Labor laws, CONTRACTOR shall execute a Declaration -to that. effect. Said. Declaration shall be provided. to CONTRACTOR CITY. The aforesalci policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and vo u r , so thatany other policies held by the CITY shall not contribute . t to any loss under said insurance, Said policies shall provide for thirty 3. days prior written notice to the Mrs Risk. Manager, at the address listed in subsection (3 below, of cancellation or material change. F. if required insurance coverage is provided d n a "claims made" rather than "occurrence" form, fhb CONTRACTOR sal maintain such insurance coverage for three yews after expiration of the term (and any extensions) of this Agreement In addition, the "r tr " date must be on r beibre the dale of this Agreement. G, The Certificate Holder for all policies of insurance required by this Section shall e: City f National City c o Risk Manager 1243 National City Boulevard National City, CA.91950-4397 Insurance shall be written with only insurers authorized to conduct business in California that hold asnot policy holder's alphabetic and financial size category rating of not less than ANTI according to the current Best's Key Rating Guide, or a company of quafinancial stability that is approved the C Y' S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they meat be includedon the most recent List of Approved Surplus Line Insurers " ASLP ' and otherwise meet rating requirements, This Agreement shall not take effect until certificate(s) oother . sufficient proof that these insurance provisions have been complied with, are filedwith and approved the CIT 'S Risk Manager, if the CONTRACTOR does not keep all insurance nce policies required by this Section 18 in full three and effect at all times during the term of this Agreement, the CITY may treat the it r'e to maintain the requisite insurance as a breachofthis Agreement and terminate the Agreement provided herein. . J. All deductibles and self.insured retentions in excess of 1 0,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance Slumlord resent Page of 11. City of Nationnl City Rild Revised ifilnifily 2021 On Duty Health, lth, LLC requirementsof this Section 18, including omits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONTRACTOR mains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverageor higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimumlimits of insurance and coverage shall be available to the CITY. 19. LEGAL .FEES. If any party brings a suit or action. against the other party arising from any breath of any the covenants or agreements any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether y final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees, For purposes of determining who is to be considered the prevailing party, it is ti ul. t d. that attorney's attorney'fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney'Attorney's fees to the r v ili g party if other than the CITY shall, in addition, be limited, to the amount of attorney's fees incurred by the Ci Y in its prosecution or defense of the action, irrespective of the actual amount of attorney'attorney's fees incurred by the prevailingparty. 20, TERNONATI. This Agreement may be terminatedwith or without cause 'by the CITY. Termination without cause shall be effective l 'upon 0-day' .... _.written notice to the CONTRACTOR. Duting said -day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material 'breach of this Agreement, misrepresentation by the CONTRACTOR In connection with the ' rm do of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effectedby delivery of written Notice of Termination to the CONTRACTOR as provided for herein, : . In the event of termination, all finished or ni he Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether p r or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall. be entitled to receive just and equitable compensation for any work satisfactorily completed. on such documents and other materials up o the effective date of the Notice f Termination, not to exceed the amounts payable hereunder, and less any damages caused. the CITY by the CONTRACTOR'S breach, if any. Thereafter, owners* of said written material shall vest in the CITY all rights set forth th in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a l titi n in bankruptcy affecting the CONTRACTOR;(2) a reorganization of the CONTRACTOR for the benefit of creditors; or business reorganization, change in business name r change in business at . of the CONTRACTOR. 2L NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally e ivered; or sent by overnight mall (Federal Express Standard Agreement Page 8 of .1.1 City oiNntional City tmmsd Revised January r 1 On DutyHealth, 11,1,C or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive u h notice, (ii) if sent by overnight mail, the business day following • its deposit hi such overnight , mail facility, (th)mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if e address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or if given by telex, telecopy, facsimile or fax, when. sent. Any notice, request, demand, direction or other communication delivered or sent as specispecified above shall be directed to the following persons: To CITY: Brian Krepps Battalion Chief Fire Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Kristin Batia Chief Medical Officer On Duty Health, LLC 1752 E LugoniaAve, STE 1- 9 9 Redlands, CA 92374 Notice of change of .fir shall be given by written notice in the manner specified n this Section, Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request r communication sent Any notice, request, m , direction or other communication sent by cable, telex, telecopy, c imi e or fax must be confirmedwithin forty-eight hours by letter mailed or delivered as specified in this Section, 22. CONFLICT� S AND O TIcAL REFORM T OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not er: rm services of ay kind for any person or entity whose interests conflict in :n way with those of the City of National City. The CONTRACTOR also agrees not to icy any product, treatment, process or material for the project in which he CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact, The CONTRACTOR shall at all times comply with the terms of the Politioal Reform Act and the National City Conflict of interest Code, The CONTRACTOR shall immediately disqualify itse1f and shall not use its official position to influence in ny way any matter coming before the CITY in which the CONTRACTOR has a financial interest defined in Government Code Section 1 , The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself 3om any matter on which it might perform services `or the CITY. Standard Agreement Page 9 of 11 City of atiotn l City mid Revised Jarmary 2021 On Duty Man, LLC If checked, the CONTRACTOR shall comply with all of the reporting. requirements of the Political .fors. Act and. the National City conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk f the City of National City in a timely manner forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtuey violation of this Section 22 by the CONTRACTOR, 23 MY.484,JING„._.:YVA_CITA. State prevailing wage ate may apply to work performed under this Agreement, State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1 20.2, 1 2 . , 1720.4, and 1771. CONTRACTOR is solely responsible to . termin. State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and r raga axio! 24. ADMINISTRATIVE PROVISIONS. A, Computation of Time Periods, If any date or time period providedfor i this Agreement is or ends on a Saturday, Sunday r federal, state or legal holiday, then such date shall automatically be ext n d until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple o t rpart , each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. �. Cqptionsif Any captions to, or headings o, te secti n r suotion of this Agreement are solely for the convenience of 66 parties hereto, are not . part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof, No Obligations to Third Parties, Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to co..fer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Exhibits and Schedules. e Exhibits and Schedules attached hereto are hereby incorporated hr in . y this reference for all proses, To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and. conditions containedin this Agreement, the terms and conditions of this Agreement shall o nt oL F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instilment in. writing executed by each of the parties hereto. G. Assignment & Asisumption of Rights. CONTRACTOR shall. not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. �. Waiver. The waiver or failure re to enforce any provision of this Agreement shall. not operate as a waiver of any future breach of any such provision or any other provision hereof 1. Applicable Law, This Agreement shall be governed y and construed in accordance ith the laws of the State of California. The venue for any legal action art 1 g under this Agreement shall 'be in either state or federal court in the County of San Diego, State of California, Stancthrd Agreement Page 10 of 11 City of Nationat City am] Revised January 2021 Oil Duly Hoalthi � ' J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof, No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or SubCONTRACTaRs. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the sub O TTRATO (s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, ) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS HE O , the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL T Y aulston, City Manager APPROVED AS TO FORM: By: Shdec Sarr ohwl City Attorney Standard Agre inent Reid January 2021 3 ON UT,Y HEALTH, LLC By: B age _11 of 11 Kristin Batla, Chief Medical Officer City ofNationaI City and Ott Duty Health, LL_ r L Standard Agreement Page 12 of 11 Cif of Nationni City rind RevNed jannary 2021 On Duty Health, LI I 60) ON DUTY Keeping Firefighters HEALTH Healthy & Fit For Service Proposal for National City, CA Fire Department NFPA1582 Firefighter Health and Fitness Assessments On -sits Occupational Health Providers Specialized in Firefighter Health Prepared For Brian Krepps, Battalion Chief Proposed On 7-1 5-2022 On Duty Health 1752 E Lu ania Ave, STE 117-4949 51 .655_3578 First Responder Health Redlands, CA 92374 info@onduty.heaRth Dear Chief Krepps, Thank you for your proposal request from On Duty Health regarding your upcoming annual firefighter health & fitness assessments. We take very seriously the high calling that it is to serve this critical population. And we're confident that we'll provide you with expert health assessments as well as excellent customer service. Included in this proposal, you'll find the outline of services we offer, including a full NEPA 1582, 1583 and W I compliant annual assessment at your department. This includes a full body ultrasound screening, comprehensive labs, a maximal 12-lead EKG treadmill stress test (WFI protocol), TRUE VO2 Max testing, vision and audiometry testing, muscular strength and endurance testing, in-depth behavioral health assessment, and more. Our medical record system is fully electronic, meaning that each of your members will always have a secure online portal through which they can track their health results year to year. And, we provide administration with a department -wide analytics dashboard to help inform your decisions on where to implement health improvement plans, with our guidance. We also hope to partner with you to offer continuing services such as return -to -duty assessments, new hire assessments, health education seminars, behavioral health support, nutrition counseling and fitness training. Consider us your one -stop -shop for all your fire health needs. Our Co-owner and Chief Operating Officer is a Fire Chief with 25+ years in the industry, bringing a firefighter -tailored experience and perspective to everything we do. We practice evidence -based research, offering novel cancer screening tools such as the Galleri Multi -Cancer Detection Blood Test and Low Dose CT. Cur. physicians are board certified in cardiology, radiology, dermatology, general and preventative medicine. And our team of Physician Assistants, Nurse Practitioners, Ultrasound Technicians, Exercise Physiologists, Counselors, Nutritionists, Personal Trainers and Phlebotomists are all specifically trained in firefighter occupational health_ medicine, following current peer -reviewed Again, thank you for your request. I'm hopeful that we'll be working together soon to help keep your firefighters healthy and fit for service. And please don't hesitate to call or email us if you have any questions Warm regards, Kristin Batla, PA-C Officer, Co-owner On Duty Health Chief Medical Highlights • Full NFPA 1582, 1583and WFI compliant annual assessment al your department. • Full body ultrasound screening, including Radiology followup for abnormal findings • Maximal 12-lead EKG treadmill stress test (WFI protocol), including Cardiology foilowup for abnormal findings • TPI.JE VOMax testing • Comprehensive labs and urinalysis • Vision and audiometry testing • Muscular strength and endurance testing • In-depth behavioral health assessments • Return -to -duty assessments • New hire assessments • Health education seminars • Behavioral health support • Nutrition counseling • Fitness training Company Profile On Duty Health is a female and firefighter owned, physician -led, customer -service -centered healthcare company specifically specialized in mobile firefighter health. We serve over 3300 first responders in 67 cities across California & Texas with our comprehensive annual health and fitness assessments. This company was founded specifically to improve health outcomes for firefighters; a highly at -risk population. These risks include: Cancers (NIOSH) • 9% higher risk of being diagnosed rith cancer • 14% higher risk of dying from cancer • Significantly higher risk for specific types of cancer Cardiac Deaths (NFPA) 40-50% of annual duty -related fatalities Behavioral Health issues (IAFF) 19% experienced suicidal thoughts 27% struggled with substance abuse 65% suffer from PTSD 80% said a king for help would make them seem "weak" With the above statistics in mind, our system has been designed to identify life threatening issues early so a firefighter may have the best chance at not only tvi 7f in , but thriving well into retirement We are fully -compliant, but go well beyond the NFPA standards by incorporating recommendations from IAFF [AFC, US Preventative Services Task Forces CDC, National Institute for Occupational Safety and Health, American College of Cardiology, American Heart AssociatIons American College of Sports Medicine/ OSHA, and the research and experience of our own hearth team. Proposal Annual Firefighter Health & Fitness Assessments Standard FPA-i B2 ( Fl Assessment Comprehensive Labs & Urinalysis Full Physical Assessment w/ Vision & Hearing Maximal }l2-lead EKG Treadmill Stress Test w/Cardiology follovvup when indicated TRUE V 2 Max Testing Muscular Endurance and Strength Analysis Ultrasound Enhanced Cancer Screening wl Radiology followup when indicated Behavioral Health Assessment 4 $749 $32,207.00 Included Included Included Included Included Included Include Cancer marker screening ( EA, CA 1 , s AFP, 4 54,257.00 Amylase, Lipase) rt Testosterone Levels Testing 42 $49 52,058.00 Cancer antigen 1 . (CA 15 3) [breast cancer] .1 $99 S99.00 Mobile Phlebotomy 4 1, 47.00 Cardiology/Radiology Followup Contingency 43 529 51,247.00 *Total A breakdown of the above items is provided on the next page. including additional services offered and pricing. 41,115M Breakdown of Services Comprehensive Labs Mobile Phlebotomy (On -site draw fee. If all patients visit LabCorp directly for their draws, this fee will not be charged) Urinalysis CBC (Complete Blood Count w/differential) CMP (Comprehensive Metabolic Panel) Lipid Panel with LDL/HDL Ratio Al C (Glucose/Hemoglobin Diabetes Test) TSH (Thyroid Stimulating Hormone) $29 Included Included Included Included Included Included PSA (Prostate Specific Antigen - Men) [included over 0) Included FIT (Fecal Occult Blood Colorectal Cancer Screening) Included [included over 40] Physical Assessment Comprehensive Physical Included Vital Signs Included Vision Test & Audiometry Exam Included &Kin Cancer Assessment Included Personal Consult with Review of Results included Personalized Health Plan with Nutrition & Exercise Included Recommendations Behavioral Health Assessment with Questionnaires & Oral Examination nclu led Fitness Assessment Pulmonary Function Test (Spirometry) Included Resting EKG included Ultrasound Enhanced Cancer Screening Maximal 12-Lead EKG Treadmill Stress Test using WFJ Protocol, Includes Cardiology followup read when indicated Included TRUE VO2 Max Testing Included Metabolic Analysis 'NI' Body Composition Included Muscular Strength, Endurance & Flexibility Evaluation Included Includes- ultrasound imaging of the heart with function, aorta & aortic valves, carotid arteries, thyroid, liver, pancreas, gall bladder, spleen, kidneys, bladder, pelvic (women), breast Included (women), testicular and prostate (men), Includes Radiology followup read when indicated Additional Services Aviflabie Cancer Labs Other Labs Radiology Galleri l Multi -Cancer Early Detection Blood Test (50+ cancers) Cancer marker screening (CEA CA 19-9, AFP, Amylase. Lipase) CA-125 (ovarian cancer screening - women) Cancer antigen 15-3 (CA 15-3) [breast cancer] COV1D-19 Antibody Testing Hepatitis A, B and C Test (Acute Hepatitis Panel) QuantIFERON Gold TB (Blood test) Medical Professionals Urine Drug Screen Nicotine Screening (Urine) HIV testing Heavy Metals Profile I, Blood (arsenic, lead. mercury) Heavy Metals Profile II, Blood (arsenic, cadmium, lead, mercury) Cholinesterase (HazIvlat) testing Testosterone levels Chest X-ray: Reviewed by radiologist $719 $99 $59 $99 $99 $49 $89 $99 $49 $49 $129 $159 $59 $49 $129 New Hire & Return to Available on an ongoing basis with regional scheduling (Send member to Standard Duty us at a nearby agency). Same pricing as full assessment. Mental Health Each health assessment comes standard with a written and oral Variable Support behavioral health assessment, designed for firefighters. For continued Pricing support, we use counselors & therapists that are specifically trained to meet the needs of your firefighter with PTSD support and more. Can be offered on -site or through tele-medicine, Personal Training Our certified personal trainer can build individual or group packages to Variable improve health outcomes through customized workout routines and Pricing demonstrations Nutrition Counseling Each health assessment comes standard with nutrition recommendations, Variable However, our licensed nutritionist can build individual or.group packages to Pricing work with your members for guidance in meal planning, shopping cooking, and more for enhanced health outcomes. Intent to enlist Services If you agree with the above proposal and base pricing, please sign and date below indicating your intent to enlist our services. Signatures: "Customer": National City, CA Fire Department Customer Signature Print Name Print Title Date Kristin Bate, PA-C hief Medical Officer "Company": Duty Health -1 - 02? Date Master Terms & Conditions These Master Terms and Conditions (MTC") govern all use of the Services from On Duty Health ("Company-") by the "Customer", as defined in the Proposal/Purchase Order (collectively the "Parties" and individually a -Party"). 1 . Services. The Company shall provide the Customer s employees with certain services ("Services"). Services consist of an annual Firefighter Physical/Fitness Assessment based on each member's essential job functions as set forth in their applicable job description. "Fitness Assessment," as defined by the National Fire Protection Association, includes a medical history evaluation, hands-on physical exam, blood analysis, urinalysis, vision testing, audiometr • testing, pulmonary function testing, treadmill stress test with 12 lead EKG, cancer screening elements, in substantial compliance with NFPA 1.582, FP 15 3, and WFl Wellness Fitness initiative) standards. 2. Fee. The Customer shall pay the Company the fee set forth in the Proposal/Purchase Order for each Fitness Assessment. The Customer shall remit payment to the Company for all Services within thirty 0 days of receipt of the invoice. A 2% late fee charge will be assessed after 3o days, and for each month thereafter that the payment is delayed. . Modification and Cancellation of Purchase orders. The Customer may cancel or modify the Purchase Order, in whole or in part, without penalty prior to six (6) weeks out from the date set for receiving the Services. After this point, the Customer may not modify or cancel the Purchase Order and shall be responsible for the fees for all Services described in the Purchase Order. If Customer has an Employee(s) who will miss the assessments due to sickness or other reasons, the Customer will hold a "credit" for that Employee, and may work with Company to schedule them for their assessments at another time and place. This credit will remain valid for two hundred (too) days from the start date of the current series of assessments. 4. Employee List & Schedule. At least four 4.) weeks before the Company performs the Services, the Customer shall provide the Company with a list of all employees that will receive the Services (lased off of the "Roster Template" provided by the Company). AL least two (2) weeks before the Company performs the Services, the Customer shall provide the Company with a Schedule of which Employees will be P � seen at what date and time (based off of the "Schedule Template" provided by the Company). 5. Fo uipment. The Company p Any agrees to provide all equipment and supplies necessary for the assessments, EXCEPT for a treadmill. The Customer agrees to provide a properly functioning treadmill (with variable speed and variable incline) and adequate space for the assessments to be conducted. 3 separate, private rooms i preferred. A reliable WiFi connection and log -on information is required. * Locktion.Reciprpcity, The Customer agrees to allow a small number of members from other departments, if any, to be seen on theirr is , This allows for make-up physicals if a member missed at a nearby department, return to duty or new hire physicals. As such, other nearby departments be granting such reciprocity to The Customer. Other departments shall agree to hold harmless the hosting department (The Customer) should. any issue occur, such as an injury incurred by the visiting er. r. Likewise, The customer shall agree to hold harmless a hosting department if a member visits another department for a similar reason. Furthermore, On Duty Heath agrees : hold harmless the hosting department for any issue that may occur from the visiting member. . Fi.xp.ected Price " a _ e The pricing listed. in the proposal is valid for thirty(30) days from the dale listed on. the cover sheet. Due to inflation, please expect a —5% price increase each year per the Medical Price Index average), unless signing a multiyear contract. 8. Limitatigrug Liability. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL CMS BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL,. INCIDENTAL, EXEMPLARY,, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAM ES OF AMY KIND, WHETHER BASED ON CONTRACT, TORT (UNLESS WITHOUT LIMITATION NEGLIGENCE), WARRANTY, GUARANTEE ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EXCEPT AS PROHIBITED BY LAW, THE CUMULATIVE, AGGREGATE LIABILITY OF COMPANY (INCLUDING AT RNY ' FEES AWARDED UNDER THIS AGREEMENT) TTHE CUSTOMER AND ANY OTHER THIRD PARTIES FOR ALL CLAIMS, LIABILITIES AND DAMAGES ARISING OUT Or OR RELATING TO THIS MTC, WHETHER IN CONTRACT OR TORT OR BY WAY OF N MN` TY OR OTHERWISE, SHALL NOT EXCEED: THE FEES PAID BY TRE U T M E, TO THE COMPANY OR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE BREACH FOR WHICH THE DAMAGES ARE CAM . 9. Notice, All notices hereunder u t be in writing to he other Party. If to the Company, the notice shall be sent Greg Batla Chief Executive Officer 1752 E Lugonia Ave, STE - .; Redlands, CA 92374 greg@ondutyletilth I. Miindment& No amendment , modification of, or termination of this MTC win be effective unless : virriti if and signed by the Parties. 1. For * 1 The Company shall not be liable or responsible to . Customer, nor be deemed, to have defaulted or breached this MTC, for any failure or delay fulfilling or performing any term of this MTC when and to the extent such failure or delay is caused by or results from acts or circumatances beyond the .reasonable control of the Company including, without limitation, acts of God food, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declaredor not), terrorist threats or acts, riot, or other civil unrest, . ti ai emergency, revolution, insurrection, epidemic, pandemic, outs, strikes or other labor disputes (whether or not relating to either p� workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequatesuitable materials, or telecommunication breakdown or power outage. 12. Agreement. In signing the Proposal/Purchase Or r above, you agree to the entirety of terms and conditions set forth in this Master Terms And Conditions agreement. More information If you'd like to hear more about our system and how we're leading the way in firefighter health, check out this video presentation from our CEO, Greg Batla: Online wwwonduty. health Contact 512.655.3578 info(@,_onduty.health 1752 E Lu onia Ave, STE 1'17-4949 Redlands CA 92374 v Follow Us @ondutyhealth L'� :16) NATIONAL CI TY FIRE DEPARTMENT ` UN T EXPENDITURE TH f I ATION TO BE COMPLETED BY PERSON REQUESTING PURCHASE: AD IN USE ONLY: ITEM/SERVICE REQUESTED ., Use cost breakdown Wellness exams for fire department staff LOG I DATE REQ EST, EXPENSE S41,115.00 DATE JUSTIFICATION FOR PURCHASE Annual wellness physicals for fire P.O. DATE AMT EC 3 ACCT it 001-41 -1 - 0 -0 000 ACCT /IREQUESTED ESTE BY BC Irepp s M . . P. DATE 9/14/2022 PETTY CASH R F.W. s VENDOR NAME: On Duty H an DATE ADDRESS: 1752 E Lugonia Aye, STE 117-4949 DATE PDIFIRE Redlands, CA 92374 AMOUNT ATTENTION: Greg Batla INVOICE PHONE/Cell #: 0. 0 /) 655-3578 www.anduty.h alth INVOICE IV Email Address: DATE PD/FINANCE FAX ##: WARRANT CHECK AMOUNT VENDOR # USE TAX TOTAL PAYMENT AUTHORIZATIONS: IMMED, SUPS/. COMMENTS DATE: BATT. CHIEF COMMENTS BC Krepps DATE: 9/14/2022 ACCT. MGR. COMMENTS DATE: * COST T BREAKDOWN: QUANTITY ITEM PRICE EXTENSION Wellness exams for fare personnel $41,115 41,115.00 0. 0 0.00 0,00. Ordering Information. Subtotal: 41,1.15.00 Sales Tax: Shipping/Handling: 0.00 TOTAL _41,115.00 G:\Fire\Forms\Account Expenditure Form (Revised 04/22) ACC)RD CERTIFICATE OF LIABILITY INSURANCE DATE (MIVIIDDIYYYY) 9/15/20 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorse.rnenL A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, lnc. 2850 Golf Road Rolling Meadows IL 50008 License#: BR-724491 INSURED ON DUTY HEALTH — TEXAS, PLLC 2028 East Ben White Boulevard Ste 240A Austin TX 78704 ONDUTYH-01 CONTACT Client Service Team A/CPHONE 833- 91-6524 froEx , l;): E-MAIL ADDRESS: seiect_celtiflcates ajq_com INSURER(S) AFFORDING COVERAGE INSURER A : Ohio Security Insurance Company FAX (A/C, Nv}: 725-735-3800 INSURER B : Employers Preferred Insurance Company INSURER C : INSURER D INSURER E ; INSURER F : NAIC 24082 10346 COVERAGES CERTIFICATE NUMBER:1595936298 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR"YPE LTR!NW OF INSURANCE ADDL SUER WVDJMMIDDIYYYY) POLICY NUMBER POLICY EFF POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY BKS2364292113 1/11/2022 1/1112023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DA MA CM PREMISES (Ea occurrence) SI,0}} MED EXP (Any one person) S 15,000 PERSONAL 8 ADV INJURY $ 1, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYX I�E7- JET LOC PRODUCTS - COMP!OP AGG S 2,000,000 OTHER: $ AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT' COMBINED (Ea acciCll3n ANY AUTO BODILY INJURY (Per person) S OWNED ESCHEDULED SCHEDULED AUT BODILY INJURY (Per accident)' S HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per 'accident) UMBRELLA LIAB O OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE ICED RETENTION s a 'V ►ORKERS COMPENSATION 2/10/2022 /10/2023 X STATUTE ST OTH- ER EFL AND EMPLOYERS' LIABILITY f ANYPROPRIETORIPfRTNER/EXECUTIVE E.L. EACH ACCIDENT 5 1,000,000 OFFICER) EMBEREXCLU.IDED? N I A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000.000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE a POLICY LIMIT $ 1,000,000 A A'\ Employment Practices Liability EJ to Compromise BI S 3342 2113 BKS23E42 2113 -I P11 /2022 111112022 1 /11/2023 111112023 Ea Claim/Aggregate Response Expense Defense & Liabllily 25,000/25,000 100,000 100,000 DESCRIPTION OF OPERATIONS l LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER City of National City, CA 1243 National City Blvd National City CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DDIYYYY) 11-17-2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Liberty Mutual Insurance PO Box 188065 Fairfield OH 45018 INSURED On Duty Health - Texas, Plic 2028 E Ben White Blvd Ste 240a Austin TX 78741 CONTACT NAME: PHO E 800-962-7132 (A/C, N ._ Fyn. E-MAIL BusinessService Libert Mutuat.com ADDRESS: FAX �Ce Na): 800-845-3666 INSURER(S) AFFORDING COVERAGE NAIC r INSURER Ohio Security Insurance Company INSURER B ; The Ohio Casualty Insurance Company INSURER C INSURER D INSURER E : INSURER F 24082 24074 COVERAGES CERTIFICATE NUMBER: 0407421936 REVISION NUMBER: 2016-03 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 ITHSTANDING 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. INSR I TYPE OF INSURANCE LTRINSD ADDL SUBR WVD{MM!DDIYYYY) POLICY NUMBER POLICY EFF POLICY EXP IMMJDDfYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000.00 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) ,CEO },000�'(}0 HIED EXP (Any one person) 15,000.00 ? BK364292113 01-11-2023 01-11-2024 PERSONAL & ADV INJURY 1,000,000, 00 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000.00 X POLICY JECT JIrOT LOC PRODUCTS - COMP/OP AGG 2,000,000.0C OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) GINNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ X UMBRELLA LIAR l OCCUR EACH OCCURRENCE 2,000,000,00 f3 ; EXCESS LIAB CLAIMS -MADE US064292113 01-11-2023 01-11-2024 AGGREGATE $ 2,000,00.00 DI=D X RETENTION} $ 10,000.00 WORKERS COMPENSATION PER STATUTE oTH- ER AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE Iwl f A E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? . (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requirad) CERTIFICATE HOLDER City of National City, CA 1243 National City Boulevard National City ACORD 25 (201 103) CANCELLATION CA 91950 SHOULD ANY OF THE ABOVE DESCRIBEDPOLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 7%-y.,:p_e29,-,-- Curtis Luken 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Progressive P.O. Box 94739 Cleveland, OH 44101 1-800-895-2885 JAN 3 0 2023 arY OF NATIONAL CITY FIRE DEPARTMENT Certificate of Insurance Certificate Holder COMMERCIAL Policy number: 964420294 Underwritten by: Progressive County Mutual Ins Co NA1C Number: 29 03 January 26, 2023 Page 1 of 1 City of National City Risk Manager 1243 National City Blvd National City, CA 91950 Insured Agent On Duty Health, LLC 2028EBE 1WHITEBLVD, STE 240-4949 AUSTIN, TX 78741 PROD COMMERCIAL PO BOX 94739 CLEVELAND, OH 44101 This document certifies.that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated, This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Liability coverage may not apply to all scheduled vehicles. Policy Effective Date: Dec 21, 2022 Insurance coverage(s) Policy Expiration Date: Dec 21, 2023 3 Limits Bodily Injury/Property Damage $1 +00 ,000 Combined Single Limit Uninsured/Undarinsurod Motorist Uninsured Motorist Property Damage Blanket Additiona1 Insured Blanket Waiver of Subrogation Description of L ti nN hi l s/Special Items Scheduled autos only $1,00 ,000 Combined Single Limit (included in combined single limit w/$250 Ded) 2020 FORD TRANSIT CONNECT NM0L5 E 9L14 3951 Personal injury Protection $ 5,0 0 Comprehensive $500 Ded Col ision $500 Ded Rental Reimbursement 0 Per Day ($900 Max) Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. Form 5241 (05/1 I Health, PLLC Ben White Blvd, STE 240-4949 it Tx 78741 US +1 5126 53 78 i nfo@ond uty. health ww+. onduty.health BILL TO Battalion Chief Brian Krepps National City, CA Fire tai JAN 2 4"I'L k.171 CITY OF NATIONAL CITY FIRE DEPARTMENT T ON DUTY HEALTH INVOICE 1255 DATE 01 `17/2023 TERMS Net 30 DUE DATE 02/ 16/20 3 DATE DESRTIOI CITY RATE AMOUNT 01/09/2023 /09/2023 Standard NFPA-1582 Health Assessment 01/09/2023 Enhanced Cancer Screening Panel 01/09/2023 Testosterone Testing 01/09/2023 CA 15-3 /09/2023 On Site Phlebotomy 01/09/2023 Fcllowup Contingency Labs, physical, cardiopulmonary assessment with VO2 Max testing, fitness analysis, ultrasound screening, behavioral health assessment. Cancer marker screening (EA, CA 19-9.. AFP, Amylase, Lipase) Breast Cancer Screening - women Sending phlebotomist on -site to perform draws and urinalysis includes funding for radiology and cardiology followups, as needed, which average 5% across the organization. 01/09/2023 PSA Lab Test Prostate Specific Antigen Thank you for your business! Our preferred payment method is ACH transfer. Alternatively, you may mail a check, or pay us through Zelle at billing onduty.health. 40 Assessments (4 Full Credits/ 2 Partial Credits (excludes Labs) 39 Cancer Labs (4 Credits) 39 Testosterone (4 Credits) Smith & Stiles Completed Labs, but not Assessments, they are the Partial Credits above. 19 PSA Drew & Valenzuela did not Complete any Labs, so PSA was 40 749.00 29,9 0.00 39 99.00 3,861.00 39 49.00 1,911.00 1 99.00 99.00 40 2.9.00 1 160 00 40 29.00 1 1 0.00 19 19.00 361.00