HomeMy WebLinkAboutVIII-03 Approve Work Order Contract with Primary Diagnostics
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: January 18, 2022
Item: COVID Testing
Council Action Requested:
Approve Work Order Contract with Primary Diagnostics
Background Information:
At its January 3 meeting, the City Council approved the City of Hastings Vaccination, Testing, and Face
Covering Policy consistent with OSHA’s COVID-19 Vaccination and Testing Emergency Temporary
Standard (ETS). Implementation of the policy includes weekly testing of on-vaccinated employees
beginning February 9.
There are 11 vendors providing testing under the State of Minnesota’s cooperative purchase venture. In
consulting with the State, we narrowed the list to 4 vendors. I recommend Primary Diagnostics due to its
pricing and provision of a program administration service. The pricing is $14 per employer-proctored test
and $30 for telehealth-proctored test. We anticipate utilizing a combination of both. The program
administration at $15 per “active” employee per month would coordinate tracking and recordkeeping of
employee tests to document compliance with the ETS.
Financial Impact:
The contract is set to not exceed $35K. Actual costs will depend on the number of employees, frequency,
and types of tests.
Committee Discussion:
Not applicable
Attachment:
• Work Order Contract
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City of Minnesota
Professional and Technical Services
Work Order
This Work Order is between the City of Hastings (“City”) and Primary Diagnostics whose designated business
address is 595 Pacific Avenue, Fl 4, San Francisco, CA, 94133 (“Contractor”). This Work Order Contract issued
under the authority of Master Contract T-Number 22CTS, SWIFT Contract Number #204065 and is subject to all
provisions of the Master Contract, which is incorporated by reference.
Recitals
1. The Contractor represents that it is duly qualified and agrees to perform all duties described
in this Contract to the satisfaction of the City.
Work Order Contract
1. Term of Contract
1.1. Effective date: January 18, 2022, or the date the City obtains all required signatures, whichever
is later.
The Contractor must not begin work under this contract until this contract is fully executed
and the Contractor has been notified by the City’s Authorized Representative to begin the
work.
1.2. Expiration date: June 30, 2022, or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
1.3. Incorporation of Terms. Master Contract T-Number 22CTS, SWIFT Contract Number #204065 as
signed by the State of Minnesota and Contractor, is incorporated herein in its entirety by
reference.
2. Contractor’s Duties. The Contractor, who is not a City or State employee, will perform COVID-19
testing services as described below:
2.1. Coordinator/Project Manager Services - Work with City Authorized Representative to
establish a testing plan based on the City’s requirements for employee testing per HR/LR Policy
#1446
2.2. Provide test kits according to Exhibit A, Test Kit Information, which is attached and
incorporated into this agreement along with subsequent iterations of Exhibit A.
2.3. Provide a collection process that is in accordance with applicable City and federal testing
requirements and lab transportation guidance.
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2.4. Coordinate with and facilitate lab testing of all specimens with an appropriately licensed
lab.
2.5. Provide means for City employees to register for testing. Provide confirmation for
testing via telephone call, email or text message. Registration must include consent for testing
and consent to authorize the release of results to designated City Human Resources personnel.
2.6. Provide report of testing results to authorized parties with a business need as listed
below.
2.7. Provide appropriate personnel who will contact testing participants with results either
via telephone call, email, or text message. Participants will be contacted between 8am and
8pm, seven days a week, including holidays. Any private health information retained by
Contractor shall be treated as not public data in accordance with the Exhibit B, Data Privacy,
which is attached and incorporated into this Work Order Contract.
2.8. Provide reports detailing testing results to designated City Human Resources personnel.
Reports should include, but not be limited to, individual testing results, participation data,
demographics, positivity rate and other data elements as agreed upon between the parties.
2.9. Maintain on file Competency Documentation of each Contractor staff who performed
services under this Work Order Contract. Competency documentation will include, but not be
limited to, documentation of the qualification of each staff performing services under this Work
Order Contract such as licensing, clinical skills checklist, clinical years’ experience, and criminal
background check. The City will treat all Competency Documentation as confidential and will
not disclose such documentation unless authorized by law, Contractor, or the Contractor’s staff.
2.10. Status Reporting. Contractor shall send a status report once a week via email to the City’s
Authorized Representative communicating the number of tests provided, the number of tests
administered on each date and the time it was administered.
2.11. Data Privacy. Comply with all applicable data privacy requirements including in the
master contract and as specified in Exhibit B – Data Privacy, which is attached and incorporated
into this Work Order Contract.
2.12. American Rescue Plan (ARP). ARP funds may be used to fund this Work Order Contract.
Contractor will comply with Exhibit C, American Rescue Plan Terms, which is attached and
incorporated into this contract.
3. City’s Duties. The City will:
3.1. Facilitate employee completion of COVID-19 testing consent forms and test registration.
3.2. Assume sole responsibility for employee, staff or other designated participant
compliance with City’s testing requirements.
3.3. Provide a list of testing participants with names, agencies, employee IDs and email
addresses.
4. Consideration and Payment
4.1.Consideration. The City will pay for all services performed by the Contractor under this Work
Order Contract as outlined in Exhibit B.
4.1.1. Total Obligation. The total obligation of the City for all compensation
and reimbursements to the Contractor under this Word Order Contract will not
exceed $35,000.
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5. Change Orders. City and Contractor can make changes to ordering information in Exhibit A via
change order. Changes should be memorialized in a newly titled Exhibit A (e.g. Exhibit A1,
Exhibit A2, etc.) and City and Contractor must sign the new Exhibit A. Changes must not alter
the Term of this Contract or the Total Obligation.
6. Authorized Representatives
6.1.The City’s Authorized Representative is:
Name Dan Wietecha
Email Address dwietecha@hastingsmn.gov
Phone No. 651-480-2350
6.2.The Contractor’s Authorized Representative is
Name Abigail Stoddard
Email Address abigails@primary.health
Phone No. 612-616-1431
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SIGNATURES AS REQUIRED BY THE CITY.
1. City of Hastings
With delegated authority
Print name: Mary Fasbender
Signature:
Title: Mayor Date:
1. City of Hastings
With delegated authority
Print name: Kelly Murtaugh
Signature:
Title: City Clerk Date:
2. Contractor
The Contractor certifies that the appropriate person(s)
have executed the Contract on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or
ordinances.
Print name:
Signature:
Title: Date:
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Exhibit A: Test Kit Information
Ordering Entity:
Ordering Authorized Representative:
Ordering Entity Representative Contact Information:
Delivery Address: [Attach spreadsheet if shipping to multiple
addresses, indicate how many tests kits to each
location]
Date Purchase Requested:
Funding String:
Is a Courier Requested?
[Indicate “Yes” or “No”. (Indicate “Yes” only if
testing as a group with onsite supervision)]
HIPAA Consent
Do these tests require HIPAA consent to release data
to organization in addition to patient?
[Indicate “Yes” or “No”. ]
Who Should Have Access to Dashboard Results? [Indicate name and email address of individual]
When are tests needed by? [Please give the vendor at
least 7 days]
[Type of Test Definition and Directions
At-Home—Test kits are sent to an individual’s home
Bulk Order—Test kits are sent to a single location and distributed by the employer
Employer-Proctored or Self Administered—Employer sets up and proctors testing
Self Administered—Employee takes the test with no proctoring (check with your agency’s HR
if this is an option and how it needs to be done to comply with Policy 1446)]
Teleproctored – Employee is provided a link to directly connect to a proctor
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Test Type Quantity Price per test Shipping (if not
included with
price per test)
Total Cost
PCR, Tele-Proctored $90
PCR, Self Administered $70
Bulk Order Onsite PCR,
Employer Proctored
$45
Antigen, Tele-Proctored $30
Antigen, Employer Proctored
or Self-Administered
$14
Program Administration Fees
(dashboards, IT set-up, per
person testing fee)
$15 per person,
per month
N/A
Training N/A Included N/A
Total City Obligation
Per person per month program administration fees are roster of participants
registered within the Primary platform. Agencies must estimate on their order
forms the total number of participants and will be charged $15 per participant per
month. Onsite staffing is available. Rates are $82.55 per hour, plus travel & expenses,
with a 4 hour minimum. Prices above include shipping contingent on the following
requirements:
● At-home rapid antigen tests may be mailed directly to home addresses or
distributed by employers.
● At-home PCR tests are mailed to home addresses with all necessary
materials and must be ordered in increments of 4 tests.
● Employer proctored PCR tests are shipped directly to employers and
returned to labs in increments of 30 tests; additional mailing labels can be
supplied at $40/each.
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EXHIBIT B
Data Privacy
A. To the extent the CITY discloses or provides information protected under the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13, (the “Data Practices Act”) as “not public data” on
individuals to CONTRACTOR under this Contract, it is solely for the business purposes described in this
Contract. Contractor must limit its use of the data to the business purposes described in this Contract.
“Not public data” means any data that is classified as confidential, private, nonpublic or protected
nonpublic by statute, federal law, or temporary classification. Minn. Stat. § 13.02, subd. 8a.
B. If this Contract involves performance of duties or services or activities, items or data subject to the
Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Privacy Act or 1974 or any
other applicable federal or State law, the Contractor covenants (or warrants) that it will appropriately
collect, maintain, and safeguard Protected Health Information as defined in 45 CFR 160.103 or other not
public data or private data, including but not limited to individually identifiable health information or
personally identifiable information, and agrees that it is subject to, and shall comply with, applicable
federal or State law and the provisions of 45 CFR 164 Subpart E concerning use or disclosure of
protected health information
C. Notwithstanding paragraphs A or B, in its capacity under this Contract, CONTRACTOR must comply
with the provisions of the Data Practices Act as though it were a governmental entity as defined by the
Data Practices Act. CONTRACTOR will be performing functions of a government entity under Minn. Stat.
§ 13.05, subd. 11, and thus any data created, collected, received, stored, used, maintained or
disseminated by CONTRACTOR in performing its duties under this contract is subject to the protections
of the Data Practices Act. The civil remedies of Minnesota Statutes, section 13.08 apply to the release of
the data governed by the Data Practices Act, Minnesota Statutes, ch. 13, by either the CONTRACTOR or
the CITY.
D. If the CONTRACTOR receives a request to release data created, collected, received, stored, used,
maintained or disseminated by CONTRACTOR in performing its duties under this Contract, CONTRACTOR
must immediately notify and consult with the CITY’s Authorized Representative as to how the
CONTRACTOR should respond to the request.
E. Under this Contract, CONTRACTOR will be performing the functions of a government entity including,
but are not limited to, responding appropriately pursuant to Minn. Stat. §§ 13.03 and 13.04 to requests
for data created, collected, received, stored, used, maintained, or disseminated by CONTRACTOR in
performing its duties under this Contract.
F. CONTRACTOR’s obligations while performing the functions of a government entity include, but are
not limited to, complying with Minn. Stat. § 13.05, subd. 5, to establish appropriate security safeguards
for all records containing data on individuals.
G. CONTRACTOR must comply with Minn. Stat. § 13.055 to investigate and appropriately report or
notify regarding any potential unauthorized acquisition of data created, collected, received, stored,
used, maintained, or disseminated by CONTRACTOR in performing its duties under this Contract.
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Exhibit C: American Rescue Plan Terms
6. Records shall be maintained by Contractor for a period of five (5) years after all funds have been
expended or returned to Treasury, whichever is later
7. Contractor understands and agrees it must maintain a conflict of interest policy consistent with 2
C.F.R. § 200.318(c) and must disclose in writing to Treasury or the pass-through entity, as
appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2
C.F.R. § 200.112.
8. Federal regulations applicable to this award include, without limitation, the following:
8.1 Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2
C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
8.2 Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
8.3 New Restrictions on Lobbying, 31 C.F.R. Part 21.
8.4 Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-
4655) and implementing regulations.
9. Statutes and regulations prohibiting discrimination applicable to this award include, without
limitation, the following:
9.1 Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing
regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or
national origin under programs or activities receiving federal financial assistance;
9.2 Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of disability under any program or activity receiving federal
financial assistance;
9.3 The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s
implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of
age in programs or activities receiving federal financial assistance; and
9.4 Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination on the basis of disability under programs, activities, and
services provided or made available by City and local governments or instrumentalities or
agencies thereto.
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10. Any publications produced with funds from this award must display the following language: “This
project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN]
awarded to [name of Recipient] by the U.S. Department of the Treasury.”
11. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr.
18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented or personally
owned vehicles
12. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6,
2009), Contractor should encourage its employees, subrecipients, and contractors to adopt and
enforce policies that ban text messaging while driving, and Recipient should establish workplace
safety policies to decrease accidents caused by distracted drivers.
13. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s
directives, to ensure that Limited English proficiency (LEP)persons have meaningful access to its
programs, services and activities. Recipient agrees to consider the need for language services for LEP
persons when Recipient develops applicable budgets and conducts programs, services, and
activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR
6067. For more information on taking reasonable steps to provide meaningful access for LEP
persons, please visit http://www.lep.gov.
14. Contractor shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
federal financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part
22, which are herein incorporated by reference and made a part of this contract (or agreement).
Title VI also includes protection to persons with “Limited English Proficiency” in any program or
activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the
Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by
reference and made a part of this contract or agreement.
15. Contractor shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964. Recipient also must inform the
Department of the Treasury if Recipient has received no complaints under Title VI.
16. Contractor must have in place standard grant assurances and review procedures to demonstrate
that that they are effectively monitoring the civil rights compliance of sub- recipients.
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