HomeMy WebLinkAboutUnbudgeted Expenditure - Hire Consultant - Physician to Revi Page 8 - Council/Agency Agenda - 06/02/97 (8)
E-6. (City Council) Authorization For City Councilmembers Who Are Orange County
ISanitation District Board Members To Support Orange County's Proposed
Property Lease Request For Developing An 800 MHZ Public Safety Radio Tower
Q � At Orange County Sanitation District's Huntington Beach Location On Brookhurst
Street (600.10) - Direct the two City Council Orange County Sanitation District Board
I members to support Orange County's proposed property lease for the future installation
41� of one 800 MHZ Public Safety radio tower at the Orange County Sanitation District's
Huntington Beach location on Brookhurst Street. Submitted by the Fire Chief and the
Police Chief
E-7. (City Council) City Council Positions Regarding Proposed Legislation - SB 1329
(Leslie) (Minors Provision Drivers License), AB 1296 (Morrow) (Government Tort
IIts Liability: Skateboarding): SS 1339 (Calderon) (Addition To Prohibited
�1 Weapons/Devices: Large Capacity Ammunition Magazines & Belt Feeding
Devices, Belt Fed Shotguns): AB 252 (Leonard�(Developer Fees) (120.70) -
Support SB 1329 (Leslie) (Minors Provision Drivers License);AB 1296 (Morrow)
(Government Tort Liability: Skateboarding); SB 1339 (Calderon) (Addition To Prohibited
Weapons/Devices: Large Capacity Ammunition Magazines & Belt Feeding Devices,
Belt Fed Shotguns); AB 252 (Leonard) (Developer Fees). Submitted by the City
Administrator /I L
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E-8. (Cijy Council) Budget Appropriation To Cover Cost To Hire C_ nsultant-Physi
To Review Medical Practices In The City Jail & Waiver Of General Liability &
Professional Liability Insurance (320.45) Appropriate $4,000 from the General Fund
and place into Account No. EAA-PD-334-4-03-00 and; approve Settlement Committee's
�9 recommendation to waive general liability and professional liability and accept mutual
hold harmless agreement between the City Consultant-Physician, Dr. John Clark.
Submitted by the Police Chief
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F. Administrative Items
F- (City Council) Letter Of Understanding Regarding Fire Services For The Bolsa
Chica Development (440.60)
Communication from the Fire Chief informing Council that after numerous meetings
�) between the Orange County Fire Authority, the Koll Company (Koll), and City staff
regarding the provision of Fire, Rescue, Emergency Paramedic Service, and Ambulance
Transportation Service to the unincorporated Bolsa Chica development area, various
areas of agreement were reached. This letter of understanding is not intended to be a
binding document, but rather to serve as an outline for developing separate
Implementation Agreements between the Orange County Fire Authority and Koll
Company; the Orange County Fire Authority and City.
Recommended Motion:
Authorize the Fire Chief and City Clerk to execute the Letter of Understanding
regarding Fire Services for the Bolsa Chica development area.
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Council/Agency Meeting Held: Aa
Def rred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Jerks Si at
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Council Meeting Date: June 2 , 1997 Department ID Number: PD-97-002
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR
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PREPARED BY: RONALD E. LOWENBERG, CHIEF OF POLICE
POLICE DEPARTMENT
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SUBJECT: BUDGET APPROPRIATION TO COVER COST TO HIRE
CONSULTANT-PHYSICIAN TO REVIEW MEDICAL PRACTICES IN
THE CITY JAIL
Fstatment of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: The City of Huntington Beach Police Department operates a Type I
Facility(City Jail) as described in Title 15 of the California Board of Corrections Minimum
Standards for Local Detention Facilities. Authority is given to the Board of Corrections by
California Penal Code section 6030 to establish minimum standards for local detention
facilities. Article 10, section 1200.(a) of Title 15 states, in part, "...health matters involving
clinical judgments are the sole province of the responsible physician..." The Police
Department does not employ a full time physician. Therefore, a consultant-physician must
be contracted for the purpose of reviewing existing medical procedures, and to assist in the
formulation and writing of medical procedures and policies to be adhered to in the City Jail.
Fundinq Source: Staff is requesting that $4,000 be transferred to account #E AA-PD-334-
4-03-00 from the General Fund to cover the cost of the contractual service of the
"responsible physician".
Recommended Action:
1. Appropriate $4000 from the General Fund and place into account # E AA-PD-334-4-03-
00 and;
2. Approve Settlement Committee's recommendation to waive general liability and
professional liability and accept mutual hold harmless agreement between the city and
consultant-physician Dr. John Clark;
Alternative Action(s): If the City should not contract with a responsible physician, the City
would be in non-compliance with Title 15 of the California Board of Corrections Minimum
Standards for Local Detention Facilities.
Rr-QUEST FOR COUNCIL ACTIN
MEETING DATE: June 2, 1997 DEPARTMENT ID NUMBER: PD-97-002
Analysis: The City Jail is scrutinized by way of facility inspections by several different local
and state agencies on an annual and biennial basis. A major concern by all inspecting
parties is the health care we provide both in on-going and emergency situations. The Jail
has a policy and procedure manual(chapter 5 of the Police Department's Policy and
Procedure's Manual) which describes many policies and procedures which city employees
must adhere to when providing for health care of inmates in the City's Jail. The manual is
routinely reviewed by inspecting parties. The County of Orange Health Care Agency
inspects the jail annually, as required by section 101045 of the California Health and Safety
Code. The Board of Corrections inspects the Jail biennially as required by section 6031 of
the California Penal Code. Both agencies require, through state and local regulations, that
our manual be reviewed by a "responsible physician" and that he/she provide documentation
that indicates he/she has reviewed the health care sections and that they are medically
sound and proper. With the assistance of the City Attorney's Office, a Request for
Qualifications was initiated seeking the service of a physician who would provide the needed
service. Dr. John H. Clark, M.D., M.P.H., C.C.H.P-A, of Jail Health Consultations has been
selected to provide the necessary service to meet the state and local regulations. A
"responsible physician" is required by law. Our present non-compliance with the law has
been noted and discussed during various inspections by state and county inspection
agencies.
Environmental Status: None.
Attachment(s):
City Clerk's
Page Number
1. Professional Services Contract between the City
of Huntington Beach and John Clark, MD (For
REL:TKD:tkd informational purposes only. )
RCADRJAI.DOC -2- 05/23/97 1:11 PM
PROFESSIONAL SERVICES CONTRACT BETWEEN THE
CITY OF HUNTINGTON BEACH AND JOHN CLARK, M.D.
Table of Contents
1 Work Statement ...................................................................................................1
2 City Staff Assistance ............................................................................................1
3 Time of Performance............................................................................................1
4 Compensation......................................................................................................2
5 Extra Work ...........................................................................................................2
6 Method of Payment..............................................................................................2
7 Disposition of Plans, Estimates and Other Documents ........................................3
8 Indemnification and Hold Harmless......................................................................4
9 Workers' Compensation.......................................................................................4
10 Insurance..............................................................................................................4
11 Certificates of Insurance......................................................................................5
12 Independent Contractor.......................................................................................6
13 Termination of Agreement...................................................................................6
14 Assignment and Subcontracting..........................................................................6
15 City Employees and Officials...............................................................................6
16 Notices ................................................................................................................7
17 Immigration..........................................................................................................7
18 Legal Services Subcontracting Prohibited...........................................................7
19 Attorney Fees......................................................................................................7
20 Entirety................................................................................................................8
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PROFESSIONAL SERVICES CONTRACT BETWEEN THE
CITY OF HUNTINGTON BEACH AND JOHN CLARK, M.D.
THIS AGREEMENT, made and entered into this A;;d day of
1Gr�c , 1997, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and JOHN
CLARK, M. D., hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to review, recommend
modifications and/or approve the content in medical/mental related policies and procedures of
the Huntington Beach Police Department in accordance with the California Code of
Regulations, Title 15; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
HBMC Chapter 3.03 relating to procurement of professional service contracts has been
complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT
CONSULTANT shall provide all services as described in the Work Statement
attached hereto as Exhibit "A" and incorporated into this Agreement by this reference.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONSULTANT
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Exhibit "A" shall be completed no later than thirty (30) days from the date of this
Agreement. These times may be extended with the written permission of the CITY. The time
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for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of
Work. This schedule may be amended if mutually agreed by the CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT a fee not to exceed Four Thousand Dollars ($4,000) or an hourly
rate of One Hundred Fifty Dollars ($150).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A," or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
A. Delivery of work product: A copy of every technical memo and report
prepared by CONSULTANT shall be submitted to the CITY. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for satisfactory
completion. Any such product which has not been formally accepted or rejected by CITY shall
be deemed accepted.
C. The CONSULTANT shall submit to the CITY an invoice for each
progress payment due. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
Upon submission of any such invoice, if CITY is satisfied that
CONSULTANT has completed the tasks in accordance with this Agreement, CITY shall
promptly approve the invoice, in which event payment shall be made within thirty (30) days of
receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY
does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-
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approval, within seven (7) calendar days of receipt of the invoice, and the schedule of
performance set forth in Exhibit "A" shall be suspended until the parties agree that past
performance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement is terminated as provided herein.
D. Any billings for extra work or additional services authorized by CITY shall
be invoiced separately to the CITY. Such invoice shall contain all of the information required
above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra
work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld.
Any dispute between the parties concerning payment of such an invoice shall be treated as
separate and apart from the ongoing performance of the remainder of this Agreement.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
reports, notes, notices, and other documents, shall be turned over to CITY upon termination of
this Agreement. In the event this Agreement is terminated, said materials may be used by
CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall
pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the
point of termination or completion. CONSULTANT shall be entitled to retain copies of all data
prepared hereunder.
8. INDEMNIFICATION AND HOLD HARMLESS
CONSULTANT hereby agrees to indemnify, defend, and hold and save
harmless CITY, its officers and employees from any and all liability, including any claim of
liability and any and all losses or costs arising out of the negligent performance of this
Agreement by CONSULTANT, its officers or employees.
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9. WORKERS COMPENSATION
CONSULTANT shall comply with all of the provisions of the Workers
Compensation Insurance and Safety Acts of the State of California, the applicable provisions
of the California Labor Code and all amendments thereto; and all similar state or federal acts
or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including attorney fees and costs presented, brought or recovered against CITY,
for or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONSULTANT under this Agreement.
CONSULTANT shall obtain and furnish evidence to CITY of maintenance of
statutory workers compensation insurance and employers liability in an amount of not less than
$100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each
employee, and $250,000 bodily injury by disease, policy limit.
10. INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following
insurance policies covering the tasks described in Exhibit A:
A. General Liability Insurance
A policy of general public liability insurance, including motor vehicle coverage.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection
with the PROJECT, and shall provide coverage in not less than the following amount:
combined single limit bodily injury and property damage, including products/completed
operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage
is provided under a form which includes a designated general aggregate limit, the aggregate
limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and
employees as Additional Insureds, and shall specifically provide that any other insurance
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coverage which may be applicable to the PROJECT shall be deemed excess coverage and
that CONSULTANT's insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self-
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
B. Professional Liability Insurance.
CONSULTANT shall acquire a professional liability insurance policy covering the
work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
professional liability in an amount not less than $500,000 per claim. A claims made policy shall
be acceptable.
11. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or
modified without thirty (30) days prior written notice of CITY;
4. and shall state as follows: "The above detailed coverage is not subject
to any deductible or self-insured retention, or any other form of similar type limitation."
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONSULTANT under the
Agreement. CITY or its representative shall at all times have the right to demand the original
or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
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12. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be
responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
13. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not the tasks described in Exhibit A have been completed. Any
termination of this Agreement by CITY shall be made in writing, notice of which shall be
delivered to CONSULTANT as provided herein.
14. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California
Govemment Code.
16. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Police Chief as the situation shall warrant, or by
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enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the
United States Postal Service, addressed as follows:
TO CITY: TO CONSULTANT:
Police Chief John Clark, M.D.
City of Huntington Beach P. O. Box 72028
2000 Main Street Los Angeles, CA
Huntington Beach, CA 92648
17. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
the United States Code regarding employment verification.
18. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
19. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
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20. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
CONSULTANT
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
John Clark, M.D. California
REVIEWED AND APPROVED:
City Administrator
APPROVED AS TO FORM:
tv.S.ICity Attorney �qj
INITIATED AND APPROVED:
Police Chief
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EXHIBIT "A"
Scope of Work:
1. PHYSICIAN agrees to perform, at the request of the Jail Administrator or designee, the
following:
A. Review, recommend modifications and/or approve the content in medical/mental
related policies and procedures of the Huntington Beach Police Department ("HBPD")
Jail facility in accordance with the California Code of Regulations Title 15 as applicable
to Type 1 facilities. Upon approval of said policies and procedures, the PHYSICIAN
shall submit a letter to the Huntington Beach Jail Administrator which will serve as
documentation of the approval.
If necessary, the PHYSICIAN may be able to gain technical support with interpretation
of the related Title 15 sections by contacting the California Board of Corrections and/or
the Orange County Health Care Agency. The California Board of Corrections field
representative that services the HBPD is Bill O'Connor (916)445-5073. Additional
assistance is provided in two California Board of Corrections publications, which are
attached, entitled Guidelines to the Minimum Standards for Local Detention Facilities:
(1) Title 15 Medical and Mental Health, Sanitation and Nutrition Standards, and (2) Title
15 Programs and Procedures Standards.
The PHYSICIAN is encouraged to contact the Project Manager, Sgt. Tom Donnelly,
HBPD at (714) 536-5694, in order to tour the HBPD Jail facility and to obtain additional
information as may be needed to complete the work.
Title 15 Section #
1206.5 1220
1207 1230
1207.5 1248
1212 1055
1213 1057
1217 1058
1218
B. Act as the responsible PHYSICIAN as defined in the above listed Title 15 sections for
the Huntington Beach Police Department Jail facility, which is a Type 1 facility.
C. If necessary, testify in court or legal proceedings in matters concerning the role of the
responsible PHYSICIAN of the Huntington Beach Police Department Jail facility.
(Note: The responsible PHYSICIAN must be licensed as a physician through the Medical Board of California.)
2. The role of the responsible PHYSICIAN for the Huntington Beach Police Department
Jail facility is not to examine or treat inmates.
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