HomeMy WebLinkAbout1999-200
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RESOLUTION NO.
1999-200
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING .rl
THE EXECUTION OF SECOND AMENDMENT TO THE AGREEMENT WITH FOX
3 OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES. '1
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
Ci ty a second amendment
to the
agreement wi th Fox
Occupational Medical Center for the purpose of conducting
medical services for the City, copy of which is attached
hereto, marked Exhibit "A", and incorporated herein by
reference as fully as though set forth at length.
This
amendment is effective August 1, 1999, and terminates on June
30, 2000.
SECTION 2. This amendment shall not take affect until
fully signed and executed by all parties. The City shall not
obligated hereunder unless and until the amendment is
fully executed and no oral agreement relating thereto shall
e implied or authorized.
SECTION 3. The authorization to execute the above
eferenced amendment is rescinded if the parties to the
greement fail to execute it within sixty (60) days of the
assage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
dopted by the Mayor and Common Council of the City of San
a joint regu1'lketing thereof, held on the 16th
, 1999, by the following vote, to wit:
1999-l!00 .
I RESOLUTION TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH
FOX OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES.
AYES
NAYS
ABSTAIN ABSENT
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The foregoing Resolution is hereby approved this I7Aayof
August , 1999.
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Betty Dean Anderson
Mayor Pro Tem
18 Approved as to form and
legal content:
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JAMES F. PENMAN,
20 City Attorney
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22 By:~.'?-ile~
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1999-200
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EXHIBIT A
I
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is made and entered into
t San Bernardino California, this16th day of August 1999,
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:
1. 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 conducted hereunder. Any such summary or
evaluation shall be in a form as permitted under California
1999-200
1 Civil Code Section 56.10 unless a document signed by the
2 examinee is received by Medical Center which authorizes the
3 release to the City of more extensive medical information.
4 2. Payment - Class I physicals - City shall pay Medical
5 Center $46.00 for each person that City refers for a pre-
6 employment physical examination and evaluation. Said
7 examination shall specifically include, but not be limited
8 to, the items listed on Exhibit A, except as to those items
9 listed as "optional", or for which a stated additional charge
10 follows. Any item designated as "optional" shall mean
11 optional at the instance of City, and City shall pay Medical
12 Center as follows: Steroid Evaluation Drug Screen Panel,
13 $18.00; Standing EKG, $25.00. Class II physicals - City
14 shall pay Medical Center $81.00 for each person that City
15 refers for a pre-employment physical examination and
16 evaluation. Said physical examination shall specifically
17 include, but not be limited to, the items listed on Exhibit
18 A. For Department of Motor Vehicle License Examinations,
19 City shall pay Medical Center $96.00, or $15.00 in addition
20 to regular physical exam fee if both exams are conducted.
21 Class III physicals - City shall pay Medical Center $66.00
22 for each person that City refers for a pre-employment
23 physical examination and evaluation. Said physical
24 examination shall specifically include, but not be limited
25 to, the items listed on Exhibit A.
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1 3. Report and Recommendation. Following each
2 completed Class II and III examination a written report and
3 recommendation including significant findings and limitations
4 shall be prepared by Medical Center in the form set forth at
5 l(d) above and shall be forwarded to City within three days
6 of completion of the examination. Class I physical
7 examinations shall be forwarded to City within seven days of
8 completion of the examination. When the report reflects
9 "normal" in an area of examination, the statement shall mean
10 that all applicable items to be reviewed or examined have
11 been so reviewed or examined and that no significant adverse
12 findings or limitations were discovered.
13 4. Additional Duties and Responsibilities. Medical Center
14 shall specifically assume the following additional duties and
15 responsibilities at a price to be agreed upon in advance of
16 such services by the parties.
17 (a) Appeals. In the event an unsuccessful
18 applicant appeals his or her rejection to the Civil Service
19 Board, Medical Center shall re-examine and re-evaluate the
20 appellant and provide information, in person or by
21 comprehensive narrative report, to the Civil Service Board
22 about the appellant's present medical limitations.
23 (b) Modifying guidelines. City may require
24 expert medical advice and consultation (including research
25 results and recommendations) on occasion for determining new,
26 or revising existing, medical guidelines or changes in
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1999-200
1 medical procedures and examinations for future specific
2 needs.
3 (c) Current employees. Medical Center shall
4 examine current employees with problematic medical symptoms
5 or conditions at City referral to determine if the employees
6 are physically able to safely perform their duties.
7 5. Billing. Medical Center shall bill City monthly
8 and said statement shall include the names of the persons
9 examined and the dates of the examinations. City will accept
10 charges only for those services first requested by City.
11 6. Equipment and Personnel. Medical Center hereby
12 agrees to have equipment and personnel for back-up and
13 emergencies to assure prompt scheduling of medical
14 examinations. Medical Center shall conduct any examinations
15 or testing within five working days of City's request for
16 scheduling the exams or tests. Medical Center shall
17 designate a competent physician or group of physicians to
18 perform all obligations pursuant to and in accordance with
19 the terms of this agreement in the event Medical Center is
20 temporarily unavailable to render services required. Medical
21 Center hereby covenants that any such physician or group of
22 physicians shall be competent with respect to the specific
23 tasks to be performed.
24 7. Assignment.
25 either party hereto.
26 8. Hold harmless.
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This agreement may not be assigned by
Medical Center hereby agrees to,
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1 and shall hold City, its elective and appointive boards,
2 commissions, officers, agents and employees harmless from any
3 liability for damage or claims for damage for personal
4 injury, including death, as well as for claims for property
5 damage which may arise from Medical Center's operations and
6 activities under this agreement, whether such operations and
7 activities be by Medical Center or by anyone or more persons
8 directly or indirectly employed by or acting as agent for
9 Medical Center. Medical Center agrees to and shall defend
10 City and its elective and appointive boards, commissions,
11 officers, agents and employees from any suits or actions at
12 law or in equity for damages caused, or alleged to have been
13 caused, by reason of any of Medical Center's operations or
14 acts or omissions and activities hereunder.
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9. Insurance. Medical Center shall be insured by an
insurance carrier acceptable to City against loss from
public liability arising from any operation or activity of
the Medical Center or employees in connection with the
performance of this agreement. Minimum coverage shall be
one million dollars combined single limit liability, to
include medical malpractice insurance. A copy of the policy
of insurance shall be filed with the Risk Management
Division of City and shall name the City of San Bernardino
as an additional insured. Said policy shall specify that the
policy may not be terminated, altered or cancelled
without thirty (30) days prior written notice to the City by
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1 the insurance company.
2 10. Workers' compensation. Medical Center's employees
3 shall be covered by workers' compensation insurance in an
4 amount and form to meet all applicable requirements of the
5 Labor Code of the State of California and which specifically
6 covers all persons providing services on behalf of Medical
7 Center and all risks to such persons under this agreement.
8 11. Term.This amendment to the agreement shall be
9 effective as of the date of execution by City, and shall
10 terminate June 30, 2000.
11 12. Right of Termination. City and Medical Center
12 shall have the right to terminate this agreement at any time
13 by the giving of thirty days advance written notice to the
14 other party.
15 13. Notices. All notices hereunder shall be by
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certified mail, postage prepaid, addressed as follows:
Civil Service Department
Chief Examiner
300 N. "D" Street
San Bernardino, CA 92418
Fox Occupational
Medical Center
Suite 130
1375 Camino Real
San Bernardino, CA
92408
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Independent Contractor. Medical Center shall act
21 as an independent contractor in the performance of services
22 provided under this agreement and shall furnish such
23 services in Medical Center's own manner and methods and in
24 no respect be considered an agent or employee of City.
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1 15. Entire Agreement. This agreement represents the
2 entire agreement between the parties and any amendments
3 andlor addenda shall be made in writing between the parties
4 and attached to this agreement.
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1999-200
1 SECOND AMENDMENT TO AGREEMENT WITH FOX OCCUPATIONAL MEDICAL
CENTER RELATING TO MEDICAL SERVICES.
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3 IN WITNESS WHEREOF, this second amendment to the agreement
has been executed by the parties effective as the date and
4 year first above written.
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7 ATTEST:
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CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
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.. /\~c../U' l
9 City\Clerk
/;;. (i{,(A../(
B~~
Betty Dean Anderson
Mayor Pro Tem
IL
Roger E 'I Fox
Owner q Medical Director
Fox Oc ~pational Medical
Cente
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1999-200
EXHIBIT A
GROUP I MEDICAL EXAMINATION
and
family
health
history
questionnaire
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
all positive screens. Steroid
panel (optional)
GCMS conformation on
evaluation drug screen
Mobility and Flexibility tests
test. )
(to include Jarmar grip
Standing EKG (optional - subject to other test results)
Pulmonary function/Spirometer
Pre-employment TB testing
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Written report of findings by physician within seven
(7) working days from day of the examination.
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GROUP II MEDICAL EXAMINATION
2 GROUP II: Employees for heavy labor, skilled trades,
equipment operation, refuse collection, and grounds
3 maintenance classifications. These jobs require one or more
of the following; lifting and/or carrying weights of more
4 than 50 pounds; repetitive awkward motions of the trunk or
the back; frequent bending, squatting, climbing or prolonged
5 standing.
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Personal
review.
and
family
health
history
questionnaire
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2. 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
Extremities
Lymph nodes
Nervous system
(NOTE: Any abnormalities, i. e., UIllbilical hernia, surgical
scars, etc., must be noted by the physician.)
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Eye test: (Corrected & Uncorrected)
Vision, Peripheral and Color Vision.
testing equipment or its equivalent is
Near and Distant
(Use of Titmus II
required. )
Hearing test:
Audiometer and
500, 1000, 2000,
Audiometric testing using
Soundproof Booth. Testing
3000, 4000, 6000 Hz.
a Pure Tone
levels of
Radiological studies: Two view lumbar spine x-ray
Laboratory studies:
Urinalysis: Sugar and Albumin
Mobility and flexibility tests (to include Jarmar Grip
Test)
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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 screening:
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-51 for each category and any
deviation will be reported by the Physician to the
Chief Examiner.
Written report of findings
Examiner within seven (7)
examination.
by physician to the Chief
working days from day of
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GROUP III EXAMINATIONS
2 ROUP III: Miscellaneous classifications
oderate physical demands upon employees:
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scars,
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light to
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
(NOTE:
Any abnormalities, i.e., UIllbi1ica1 hernia,
etc., must be noted by the physician.)
surgical
Eye test: (Corrected & Uncorrected) Near
vision and color vision. (Use of Titmus
equipment or its equivalent is required.)
Color vision
and distant
II testing
Hearing test: Audiometric testing using
Audiometer and soundproof booth. (Testing
500, 1000, 2000, 3000, 4000, 6000 Hz) .
a Pure Tone
levels of
Laboratory studies: Urinalysis Sugar and Albumin
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T . B. test for employees involved in work in the close
proximity of children. Positions in this category are
the Food Handlers, Teacher jDirector, Teacher, Teacher
Aide, Recreation series and Lifeguard series.
Proof of immunization record to examining
with copy to be held on file (Equivalent to
California requirements upon entry to
system). Positions in this category are the
series, Food Handlers, Lifeguard
TeacherjDirector, Teacher and Teacher Aide.
physician
State of
education
Recreation
series,
Written report of findings by physician to the Chief
Examiner within seven (7) working days from day of
examination.
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