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HomeMy WebLinkAbout2000-070 . ~ '. 1 RESOLUTION NO. 2000-70 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF THIRD AMENDMENT TO THE AGREEMENT WITH FOX OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES, 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Third Amendment to the Agreement with Fox 8 9 Occupational Medical Center for the purpose of conducting medical services for the City, 10 copy of which is attached hereto, marked Exhibit nAn, and incorporated herein by reference 11 as fully as though set forth at length, This amendment is effective July 1,2000, and 12 terminates on June 30, 2001. 13 SECTION 2. This amendment shall not take effect until fully signed and executed 14 15 by all parties. The City shall not be obligated hereunder unless and until the amendment is 16 fully executed and no oral agreement relating thereto shall be implied or authorized, 17 SECTION 3. The authorization to execute the above referenced amendment is 18 rescinded if the parties to the agreement fail to execute it within sixty (60) days ofthe 19 passage of this resolution. 20 II 21 II 22 23 II 24 II 25 II 26 II 27 1 28 r . 2000-70 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECUTION OF THIRD AMENDMENT TO THE AGREEMENT WITH FOX 3 OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES, 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a jo~~ ~ meeting thereof, held reo.Q::t:&_ 7 on the 3rddayof April, 2000, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x 16 MCCAMMACK 17 x 18 19 20 21 22 y){)/Jfffl 0 !Yj!f~0 . "lfI4 on . ERK ~ cfl The foregoing resolution is hereby approved thi$hy of Apr!:~ 2000. / / 23 24 Approved as to form and legal content: 25 26 ..{CL~ Ju' Valles, Mayor ity of San Bernardino I , i ~-j JAMES F, ENMAN, City At! 2 27 By: 28 2000-70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RECEIVED-CITY CLEm\' EXHIBIT A "00 r,m 13 1\ 9 :srlHIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is made and entered into at San Bernardino California, this 3rd day of April, 2000, by and between the CITY OF SAN BERNARDINO, a municipal corporation hereinafter called "CITY", and FOX OCCUPATIONAL MEDICAL CENTER, hereinafter called "Medical Center". The parties agree as follows: I. Services. Upon request and referral by City, Medical Center shall conduct pre-employment physicals and evaluations and provide other medical services for City, Such services shall include, but not be limited to, the following: (a) providing central coordination of medical data and information related to pre-employment physicals and evaluations for City; (b) obtaining the medical history of and personally examining and reviewing all medical tests pertaining to persons referred by City in accordance with the specifics set forth in Exhibit "A", attached hereto and incorporated herein by reference; (c) upon specific request of City, taking x-rays and conducting other medical tests and providing City an evaluation thereof; and (d) providing City a summary and evaluation in regards to exams 22 conducted hereunder. Any such summary or evaluation shall be in a form as permitted 23 under California Civil Code Section 56.10 unless a document signed by the examinee is 24 25 26 27 28 received by Medical Center which authorizes the release to the City of more extensive medical information. 2. Payment - Class I physicals - City shall pay Medical Center $146,00 for 3 2000-70 1 each person that City refers for a pre-employment physical examination and evaluation, 2 Said examination shall specifically include, but not be limited to, the items listed on Exhibit 3 A, except as to those items listed as "optional", or for which a stated additional charge 4 follows. Any item designated as "optional" shall mean optional at the instance of City, and 5 6 City shall pay Medical Center as follows: Steroid Evaluation Drug Screen Panel, $18,00; 7 Standing EKG, $25.00, Class II physicals - City shall pay Medical Center $81.00 for each 8 person that City refers for a pre-employment physical examination and evaluation. Said 9 physical examination shall specifically include, but not be limited to, the items listed on 10 Exhibit A, For Department of Motor Vehicle License Examinations, City shall pay 11 Medical Center $96.00 or $15,00 in addition to regular physical exam fee if both exams are 12 13 conducted. Class III physicals - City shall pay Medical Center $66,00 for each person that 14 City refers for a pre-employment physical examination and evaluation, Said physical 15 examination shall specifically include, but not be limited to, the items listed on Exhibit A. 16 3. Report and Recommendation. Following each completed Class II and III 17 18 limitations shall be prepared by Medical Center in the form set forth at I (d) above and shall 19 20 be forwarded to City within three days of completion of the examination, Class I physical 21 examinations shall be forwarded to City within seven days of completion of the 22 examination, When the report reflects "normal" in an area of examination, the statement 23 shall mean that all applicable items to be reviewed or examined have been so reviewed or 24 examined and that no significant adverse findings or limitations were discovered, 25 4. Additional Duties and Responsibilities, Medical Center shall specifically assume 26 27 the following additional duties and responsibilities at a price to be agreed upon in advance 4 examination a written report and recommendation including significant findings and 28 2000-70 (a) Appeals. In the event an unsuccessful applicant appeals his or her rejection to the Civil Service Board, Medical Center shall re-examine and re-evaluate the appellant and provide information, in person or by comprehensive narrative report, to the (c) Current employees, Medical Center shall examine current 28 2000-70 8. company. 10. Workers' compensation. Medical Center's employees shall be covered by workers' compensation insurance in an amount and form to meet all applicable 6 2000-70 1 requirements of the Labor Code of the State of California and which specifically covers all 2 persons providing services on behalf of Medical Center and all risks to such persons under 3 this agreement. 4 5 6 execution by City, and shall terminate June 30, 200 I. II. Term. This amendment to the agreement shall be effective as ofthe date of 7 8 9 terminate this agreement at any time by the giving of thirty days advance written notice to 12. Right of Termination, City and Medical Center shall have the right to 10 the other party. 11 \3, Notices. All notices hereunder shall be by certified mail, postage prepaid, 12 addressed as follows: 16 17 18 contractor in the performance of services provided under this agreement and shall furnish 19 13 14 15 Civil Service Department Chief Examiner 300 N. "D" Street San Bernardino, CA 92418 Fox Occupational Medical Center Suite 130 \375 Camino Real San Bernardino, CA 92408 14. Independent Contractor. Medical Center shall act as an independent such services in Medical Center's own manner and methods and in no respect be considered 20 an agent or employee of City, 21 22 23 rights under this agreement, the prevailing party shall be entitled to recover reasonable 15. Attorneys' Fees. In the event an action is filed by either party to enforce 24 attorney's fees in addition to any other relief granted by the court. The costs, salary and 25 expenses of the City Attorney and members of his office in enforcing this agreement on 26 behalf of the City shall be considered as "attorney's fees" for the purposes of this 27 28 7 r 2000-70 1 2 3 aragraph. 16. Entire Agreement. This agreement represents the entire agreement between 4 the parties and any amendments and/or addenda shall be made in writing between the 5 arties and attached to this agreement. 6 I 7 I 8 9 II 10 II 11 II 12 II 13 II 14 I 15 16 I 17 I 18 I 19 I 20 I 21 I 22 23 I 24 I 25 I 26 I 27 8 28 2000-70 1 2 3 IN WITNESS WHEREOF, this third amendment to the agreement has been executed by 4 the parties effective as the date and year first above written, 5 CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California HIRD AMENDMENT TO AGREEMENT WITH FOX OCCUPATIONAL MEDICAL ENTER, RELATING TO MEDICAL SERVICES, ,tJ , 0 Medical Director upational Medical Center 1 2 2000-70 EXHIBIT A GROUP I MEDICAL EXAMINATION 3 GROUP I: Employees in the classifications of Police and Fire Sworn employees, 4 1. Personal and family health history questionnaire review. 5 2, 6 7 8 9 10 11 12 13 14 15 16 17 18 3. 19 20 21 4. 22 23 5. 24 25 6. 26 7. 27 28 Complete physical examination including: Height Weight Blood Pressure Pulse (before and after exercise) Eyes (field of vision, extra ocular movements, pupils. fundi, FOR POLICE SAFETY ONLY: appropriate examination for visual acuity and color recognition ability using Titmus II tester or its equivalent) Ears (tympanic membrane, wax, and audio testing using an audiometer and sound proof booth) Nose, mouth, throat, dental hygiene Neck Chest Heart Lungs Abdomen & Viscera - liver, kidneys, spleen External genitalia (men) and hernia check (all) Skin Spine Extremities Lymph nodes Nervous system Laboratory studies: Urinalysis: Sugar and Albumin Hematology: Lipid Panel Radiological Studies: Lumbar Spine X-Rays (5 views) Chest X-Ray Pre-employment Drug Screening - GCMS conformation on all positive screens, Steroid evaluation drug screen panel (optional) Mobility and Flexibility tests (to include Jarmar grip test.) Standing EKG (optional- subject to other test results) 10 1 2 3 10, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2000-70 Pulmonary function/Spirometer Pre-employment TB testing Written report of findings by physician within seven (7) working days from day of the examination. 11 1 2 2000-70 GROUP II MEDICAL EXAMINATION ROUP II: Employees for heavy labor, skilled trades, equipment operation, refuse 3 ollection, and grounds maintenance classifications. These jobs require one or more of the ollowing; lifting and/or carrying weights of more than 50 pounds; repetitive awkward otions of the trunk or the back; frequent bending, squatting, climbing or prolonged tanding, Complete physical examination including: Height Weight Blood pressure Pulse before and after exercise Eyes: Field of vision, extra ocular movements, pupils, fundi Ears: Tympanic membrane, wax Nose, mouth, throat, dental hygiene Neck Chest Heart Lungs Abdomen -Liver, Spleen External genitalia (men) and hernia check (all) Skin Spine 16 Extremities 17 Lymph nodes Nervous system 18 (NOTE: Any abnormalities, i.e., umbilical hernia, surgical scars, etc., must be noted by the physician.) 19 4 5 6 1. 7 2, 8 9 10 11 12 13 14 15 20 3. 21 22 23 5. 24 25 26 7. 27 28 Personal and family health history questionnaire review. Eye test: (Corrected & Uncorrected) Near and Distant Vision, Peripheral and Color Vision, (Use of Titmus II testing equipment or its equivalent is required.) 4. Hearing test: Audiometric testing using a PureTone Audiometer and Soundproof Booth. Testing levels of 500, 1000, 2000, 3000,4000, 6000 Hz, Radiological studies: Two view lumbar spine x-ray 6. Laboratory studies: Urinalysis: Sugar and Albumin Mobility and flexibility tests (to include Jarmar Grip Test) 12 1 8, 2 3 4 5 6 7 8 9 9, 10 11 la, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2000-70 Pre-employment Drug and Alcohol Screening - A screening test for evidence of the use of the following drugs: Marijuana, Cocaine, Opiates, Amphetamines and Phencyclidine. The following positions shall undergo pre-employment substance screenmg: Coach Operator Heavy Equipment Operator Park Maintenance Worker III Motor Sweeper Operator Refuse Operator I, II & III Maintenance Worker II Lead Maintenance Worker DMV Exam - Conducted using the specific instructions provided by DMV Form DL-5l for each category and any deviation will be reported by the Physician to the Chief Examiner. Written report of findings by physician to the Chief Examiner within seven (7) working days from day of examination. 13 1 2000-70 GROUP III EXAMINATIONS 2 ROUP III: Miscellaneous classifications - light to moderate physical demands upon 3 employees: 4 1. 5 2. 6 7 8 3. 9 10 11 12 13 14 15 16 17 18 19 Review of personal data and family health history questionnaire. Proof of immunization record to examining physician with copy to be held on file (Equivalent to State of California requirements upon entry to education system). Positions in this category are the Recreation Series, Food Handlers, Lifeguard Series, Teacher/Director, Teacher and Teacher Aide. Complete physical examination by physician including: Height Weight Blood pressure Pulse (before and after exercise) Eyes: Field of vision, extra ocular movements, pupils, fundi Ears: Tympanic membrane, wax Nose, mouth, throat, dental hygiene Neck Chest Heart Lungs Abdomen - liver, spleen External genitalia (men) and hernia check (all) Skin Spine Extremities Lymph nodes Nervous system 20 (NOTE: Any abnormalities, i.e., umbilical hernia, surgical scars, etc., must be noted by the physician.) 21 22 23 24 5. 25 26 27 7. 28 4. Eye test: (Corrected & Uncorrected) Near and distant vision and color vision. (Use of Titmus II testing equipment or its equivalent is required.) Color vision Hearing test: Audiometric testing using a PureTone Audiometer and soundproof booth. (Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz). 6. Laboratory studies: Urinalysis Sugar and Albumin T.B. test for employees involved in work in the close proximity of children. 14 1 2 3 8. 4 5 6 9. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2000-70 Positions in this category are the Food Handlers, Teacher/Director, Teacher, Teacher Aide, Recreation series and Lifeguard series. Proof of immunization record to examining physician with copy to be held on file (Equivalent to State of California requirements upon entry to education system). Positions in this category are the Recreation series, Food Handlers, Lifeguard series, Teacher/Director, Teacher and Teacher Aide. Written report of findings by physician to the Chief Examiner within seven (7) working days from day of examination. 15