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CONTRACT 4878E Amendment CLOSEDAMENDMENT NO. 4878E FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NO. 4878 BETWEEN THE CITY OF EL SEGUNDO AND VITAL MEDICAL SERVICES, LLC THIS FIFTH AMENDMENT ("Amend me n t") is made and entered into this I ST day of July, 2020, by and between CITY OF EL SEGUNDO, a general law city and municipal corporation existing Linder the laws of California ("CITY"), and VITAL MEDICAL SERVICES, LLC, a California limited liability company ("CONTRACTOR"). Pursuant to Section 9.4 of Agreement No. 4878 ("Agreement"), as amended, the parties desire to add the scope of services and additional terms attached as Exhibit "A" to the Agreement, which is incorporated herein by this reference, The, CITY agrees to pay the amounts listed in Exhibit A pursuant to the terms of the Agreement. The cost of the additional services added by this Amendment must not exceed $50,000 for the length of the emergency. This amount is in addition to the not -to -exceed amount of the Agreement, as amended, which is $50,000 per fiscal year. 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 4878 remain the same. IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CITY OF EL SEGUNDO, ge/l law city F I Mit�ick' C y nager 0 Mar ATTEST, Tr c ver, CJyCI - APPROVED AS TO FORM: for Mark D. Hens City Attorney VITAL MEDICAL SERVICES, LLC a California limited liability company 147 Ale Gh zalpour Chief Operating Officer - Armen Vartanian Managing Director Taxpayer ID No.: 46-1055770 p 001 V4F 'V I TAL AMENDMENT NO. 4878E Exhibit "A" Scope of Services for City of EI Segundo Park Vista COVID-19 Screening and Evaluations (A) Park Vista Resident Screening and Evaluations (1) CONTRACTOR will provide qualified medical staff at the Park Vista facility, located at 615 E. Holly Avenue, EI Segundo, California 90245, to assess the needs of current Park Vista residents as it relates to COVID-19 symptoms, including but not limited to: a. Fever b. Tiredness C. Dry cough d. Difficulty Breathing e. Chills and body aches f. Sudden confusion g. Digestive issues (gastrointestinal) h. Conjunctivitis i. Loss of smell or taste j. Fatigue k. Headache/sort throat, congestion I. History of compromised immune system (2) CONTRACTOR's medical staff will perform the following protocols to evaluate such residents, including but not limited to: a. Assessing the resident's mental status b. Taking resident's temperature C. Taking resident's Blood Pressure d. Taking resident's pulse e. Obtaining resident's oxygen saturation level through pulse oximeter reading f. Auscultating resident's lungs g. Inquiry of potential COVID-19 symptoms h. Verify history of compromised immune system i. Document and record all assessment findings, including the date and time of the assessment. j. If, during a medical evaluation, it is determined that a resident has signs and symptoms of COVID-19, the 911 system will be activated and the EI Segundo Fire Department will take over patient care and transport. AMENDMENT NO. 4878E (3) CONTRACTOR will have one staff member available at the Park Vista facility for up to 5.5 -hours per day on Monday, Wednesday and Fridays between the hours of 9:00 a.m. and 2:30 p.m. through June 2020. Beginning July 1, 2020, CONTRACTOR will have one staff member available at the Park Vista facility for up to 8 hours per day on the days requested by the CITY. Each resident of Park Vista will be medically evaluated at least once per week, on a voluntary basis, following the protocols established. If time permits, residents can request to be evaluated for COVID-19 symptoms more than once per week. (4) CONTRACTOR agrees that it will not provide any medical advice or services for symptoms not related to COVID 19 and will refer Park Vista residents to their personal doctors if they have questions or medical issues not related to COVID-19. CONTRACTOR acknowledges that this Amendment relates only to COVID-19 symptoms and the present emergency. (B) Term: This Amendment will remain in effect for the duration of the State of Emergency proclaimed by the Governor of California related to COVID-19 and the local emergency proclaimed by the City of EI Segundo, unless sooner terminated by either party. Either party may terminate this Amendment immediately, with or without cause, by providing the other party written notice of such termination. Upon termination, CITY shall pay CONTRACTOR for services performed in accordance with the Amendment up to the termination date. (C) Fees, Invoices and Payment: The CITY will pay CONTRACTOR for services rendered under this Scope at a rate of $2,178.00 per week through June 2020. Beginning July 1, 2020, the rate is $1,056 per day. This fee and scope do not include physician consultation and COVID-19 Testing. Should the CITY request from CONTRACTOR additional hours of service beyond the hours included in this Scope, CITY shall pay CONTRACTOR $132 per hour or faction thereof for such services. On a monthly basis, CONTRACTOR will submit invoices for the Services provide in the previous month. Payment is due 30 days from receipt of CONTRACTOR's invoice. (D) HIPAA CONTRACTOR is a Covered Entity as that term is defined in the Health Insurance Portability and Accountability Act ("HIPAA"). As the Covered Entity, CONTRACTOR shall be solely responsible for complying with HIPAA and any other federal, state and local laws Vnuc,kt %ts.vic;c.s I TA L AMENDMENT NO. 4878E pertaining to patient confidentiality. In compliance with HIPAA and similar state privacy laws, CONTRACTOR shall only report the results of any testing performed as part of the Services to the individual for whom the testing was performed, any public health authorities, and to CITY's Fire Department officials or others charged with protecting the health or safety of the public pursuant to 45 CFR 164.5120)(1). (E) Disclaimer Samples collected by CONTRACTOR as part of the Services will be sent to a third -party laboratory for processing. CITY acknowledges that (i) all diagnostic testing including, COVID-19 testing, is imperfect, and is susceptible to false -positive and false -negative test results; and (ii) it is possible for a person to be infected with COVID- 19 despite receiving negative test results. CITY agrees that CONTRACTOR shall not be liable for any false -positive, false - negative or otherwise inaccurate test results. (F) Non-discrimination. (1) General. No person will on the grounds of race, color, national origin, religious affiliation or non -affiliation, sex, age, handicap, disability, or political affiliation, be excluded from participation in, be denied the benefits, or be subjected to discrimination under this Agreement. (2) Employment. CONTRACTOR will insure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees under this Agreement. CONTRACTOR's personnel policies will be made available to CITY upon request.