REPORT TO THE CITY COUNCIL February 4, 2021 FROM: JEFF CARDELL, Director Personnel Services Department BY: DAVID BOLTON, Risk Manager Personnel Services Department SUBJECT ..Title Approve a First Amendment to Agreement to the services agreement with Pinnacle Training Systems, LLC for $200,000 to provide OSHA required COVID-19 testing for employees who work at exposed workplaces. ..Body RECOMMENDATION Staff recommends that Council approve a First Amendment to the services Agreement with Pinnacle Training Systems, Inc., (Pinnacle) in the amount of $200,000, for a total contract amount not to exceed $250,000, for COVID-19 Testing for City employees who work in an exposed workplace as defined by General Industry Safety Orders (GISO) 3205.1 and 3205.2. The current agreement is approved for up to $50,000 and we anticipate expenses for this testing will exceed this amount by February 2021. The amendment will allow the City to continue to provide the required COVID-19 tests for employees per OSHA regulations. EXECUTIVE SUMMARY Staff has found that Pinnacle Training Systems is qualified to perform COVID-19 testing. Pinnacle currently provides COVID-19 testing for Fresno County employees. The scope of work consists of the administration of COVID-19 test to employees by qualified medical professionals. Testing will take place at Ted C. Wills Community Center. BACKGROUND On December 1, 2020, California OSHA approved emergency temporary standards on COVID-19 infection program (General Industry Safety Orders 3205). The standard includes requirements for testing and notifying public health departments of workplace outbreaks (three or more cases in a workplace in a 14-day period) and major outbreaks (20 or more cases within a 30-day period). Section 3205.1 (Multiple COVID-19 infections) states that employers shall immediately provide COVID-19 testing to all employees when there are three or more COVID-19 cases in an exposed workplace within a 14-day period. COVID-19 testing shall be provided at no cost to employees during employees' working hours. Section 3205.1 (Major Outbreaks) states that employers shall immediately provide twice a week COVID-19 testing, or more frequently if recommended by the local health department, to all employees present at the exposed workplace where 20 or more employees test positive in a 30-day period. COVID-19 testing shall be provided at no cost to employees during employees' working hours. Staff recommends the city amend its original agreement in which the City Manager's Office found exigent circumstances. The agreement allows Pinnacle Training Systems, LLC to provide COVID-19 testing services in order to be in compliance with California OSHA General Industry Safety Orders 3205. Pinnacle Training Services provides health and wellness solutions and the City previously contracted with Pinnacle Training Systems to provide COVID-19 screening at the MSC. Exigent circumstances exist as we currently have multiple exposed workplaces with 3 or more positive COVID-19 cases within a 14-day period. This requires the City of Fresno to immediately provide COVID-19 testing to exposed employees. Pinnacle Training Systems will work with the City of Fresno to provide testing at convenient locations and times for employees. Pinnacle will provide trained staff to conduct the PCR SARS-CoV-2 Nasal Swab test and conduct screenings according to Fresno County and CDC guidelines. Results will be provided to the contracted lab (Valley Diagnostics) and results returned in 24-72 hours. Currently, the typical turnaround is 24-36 hours to notify the individual of a positive test and 36-48 hours of notification of a negative test. The approval of an additional $200,000 will allow us to provide up to 1290 added tests over the next 6 months. At this time, it is difficult to anticipate how many tests we will need, or for how long. With the administration of vaccines and various counter measures, we anticipate the number of COVID-19 positive cases to decrease. This amendment allows us the opportunity to comply with the Safety Orders in the short-term. ENVIRONMENTAL FINDINGS This item is not a project as defined by section 15378 of the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because this action pertains to an existing consultant services agreement. FISCAL IMPACT Unless additional stimulus money is provided for testing each Department will be billed $155 for each test provided to an employee in that department. Attachments: First Amendment to Agreement Consultant Service Agreement Exigent Circumstances Memorandum