HomeMy WebLinkAbout1998-223
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RESOLUTION NO.
98-223
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF FIRST AMENDMENT TO THE AGREEMENT WITH FOX
3 OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES.
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
City a first amendment to the agreement with 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,
1998, and terminates on July 31, 1999.
SECTION 2. This amendment shall not take affect until
fully signed and executed by all parties. The City shall not
be obligated hereunder unless and until the amendment is fully
executed and no oral agreement relating thereto shall be
implied or authorized.
SECTION 3. The authorization to execute the above
referenced amendment is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
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98-223
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2 RESOLUTION TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH
FOX OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES.
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4 COUNCIL MEMBERS:
5 ESTRADA
6 LIEN
7 ARIAS
8 SCHNETZ
9 DEVLIN
10 ANDERSON
11 MILLER
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AYES
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NAYS
ABSTAIN
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'-- CITY CLERK
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.1./. The foregoing resolution is hereby approved this
7' ">r day of Ju1v , 1998.
Approved as to
form and legal content:
JAMES F. PENMAN
24 city Attorney
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.~
Valles, Mayor
of San Bernardino
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ABSENT
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98-223
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EXHIBIT A
FIRST AMENDMENT TO AGREEMENT
4 THIS FIRST AMENDMENT TO AGREEMENT is made and entered into at
5 San Bernardino California, this .;;tJ I^- day of 9tL!
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6 1998, by and between the CITY OF SAN BERNARDINO, a municipal
7 corporation hereinafter called "CITY", and FOX OCCUPATIONAL
8 MEDICAL CENTER, hereinafter called "Medical Center".
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The parties agree as follows:
1.
Services.
Upon request and referral by City,
Medical Center shall conduct pre-employment physicals and
12 evaluations and provide other medical services for city. Such
services shall include, but not be limited to, the following:
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15 and information related to pre-employment physicals and
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(a)
providing central coordination of medical data
evaluations for city;
(b)
obtaining the medical history of and personally
18 examining and reviewing all medical tests pertaining to
19 persons referred by City in accordance with the specifics set
forth in Exhibit "A", attached hereto and incorporated herein
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by reference;
(c)
upon specific request of City, taking x-rays
23 and conducting other medical tests and providing City an
24 evaluation thereof; and
(d) providing City a summary and evaluation in
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regards to exams conducted hereunder.
Any such summary or
evaluation shall be in a form as permitted under California
civil Code section 56.10 unless a document signed by the
98-223
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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 $146.00 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 to,
8 the items listed on Exhibit A, except as to those items listed
9 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 A.
18 For Department of Motor Vehicle License Examinations, city
19 shall pay Medical Center $96.00, or $15.00 in addition to
20 regular physical exam fee if both exams are conducted. Class
21 III physicals - City shall pay Medical Center $66.00 for each
22 person that City refers for a pre-employment physical
23 examination and evaluation. Said physical examination shall
24 specifically include, but not be limited to, the items listed
25 on Exhibit A.
26 3. Report and Recommendation. Following each
27 completed Class II and III examination a written report and
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2 recommendation including significant findings and limitations
3 shall be prepared by Medical Center in the form set forth at
4 l(d) above and shall be forwarded to City within three days of
5 completion of the examination. Class I physical examinations
6 shall be forwarded to city within seven days of completion of
7 the examination. When the report reflects "normal" in an area
8 of examination, the statement shall mean that all applicable
9 items to be reviewed or examined have been so reviewed or
10 examined and that no significant adverse findings or
11 limitations were discovered.
12 4. Additional Duties and Responsibilities. Medical Center
13 shall specifically assume the following additional duties and
14 responsibilities at a price to be agreed upon in advance of
15 such services by the parties.
16 (a) Appeals. In the event an unsuccessful
17 applicant appeals his or her rejection to the Civil Service
18 Board, Medical Center shall re-examine and re-evaluate the
19 appellant and provide information, in person or by
20 comprehensive narrative report, to the civil Service Board
21 about the appellant's present medical limitations.
22 (b) Modifying guidelines. City may require expert
23 medical advice and consultation (including research results
24 and recommendations) on occasion for determining new, or
25 revising existing, medical guidelines or changes in medical
26 procedures and examinations for future specific needs.
27 (c) Current employees. Medical Center shall
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98-223 .
1 examine current employees with problematic medical symptoms or
2 conditions at City referral to determine if the employees are
3 physically able to safely perform their duties.
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5. Billing. Medical Center shall bill city monthly and
said statement shall include the names of the persons examined
and the dates of the examinations. City will accept charges
only for those services first requested by city.
6. Equipment and Personnel. Medical Center hereby
agrees to have equipment and personnel for back-up and
emergencies to assure prompt scheduling of medical
examinations. Medical Center shall conduct any examinations
or testing within five working days of City's request for
scheduling the exams or tests. Medical Center shall designate
a competent physician or group of physicians to perform all
obligations pursuant to and in accordance with the terms of
this agreement in the event Medical Center is temporarily
unavailable to render services required. Medical Center
hereby covenants that any such physician or group of
physicians shall be competent with respect to the specific
tasks to be performed.
7. Assignment.
either party hereto.
8. Hold harmless. Medical Center hereby agrees to, and
shall hold city, its elective and appointive boards,
commissions, officers, agents and employees harmless from any
liability for damage or claims for damage for personal injury,
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This agreement may not be assigned by
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2 including death, as well as for claims for property damage
3 which may arise from Medical Center's operations and
4 activities under this agreement, whether such operations and
5 activities be by Medical Center or by anyone or more persons
6 directly or indirectly employed by or acting as agent for
7 Medical Center. Medical Center agrees to and shall defend
8 City and its elective and appointive boards, commissions,
9 officers, agents and employees from any suits or actions at
10 law or in equity for damages caused, or alleged to have been
11 caused, by reason of any of Medical Center's operations or
12 acts or omissions and activities hereunder.
13 9. Insurance. Medical Center shall be insured by an
14 insurance carrier acceptable to City against loss from public
15 liability arising from any operation or activity of the
16 Medical Center or employees in connection with the performance
17 of this agreement. Minimum coverage shall be one million
18 dollars combined single limit liability, to include medical
19 malpractice insurance. A copy of the policy of insurance
20 shall be filed with the Risk Management Division of City and
21 shall name the City of San Bernardino as an additional
22 insured. Said policy shall specify that the policy may not be
23 terminated, altered or cancelled without thirty (30) days
24 prior written notice to the City by the insurance company.
25 10. Workers' compensation. Medical Center's employees
26 shall be covered by workers' compensation insurance in an
27 amount and form to meet all applicable requirements of the
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2 Labor Code of the state of California and which specifically
3 covers all persons providing services on behalf of Medical
4 Center and all risks to such persons under this agreement.
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effective
6 terminate
Term. This amendment to the agreement shall
as of the date of execution by City, and shall
July 31,1999.
be
7 12. Right of Termination. City and Medical Center shall
8 have the right to terminate this agreement at any time by the
9 giving of thirty days advance written notice to the other
10 party.
11 13. Notices. All notices hereunder shall be by
12 certified mail, postage prepaid, addressed as follows:
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civil service Department
Chief Examiner
300 N. "D" street
San Bernardino, CA 92418
Fox Occupational
Medical Center
suite 130
13 7 5 Camino Real
San Bernardino, CA 92408
14. Independent Contractor. Medical Center shall act as
an independent contractor in the performance of services
18 provided under this agreement and shall furnish such services
19 in Medical Center's own manner and methods and in no respect
20 be considered an agent or employee of City.
21 15. Entire Agreement. This agreement represents the
22 entire agreement between the parties and any amendments and/or
23 addenda shall be made in writing between the parties and
24 attached to this agreement.
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98-223
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2 FIRST AMENDMENT TO AGREEMENT WITH FOX OCCUPATIONAL MEDICAL
CENTER, RELATING TO MEDICAL SERVICES.
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4 IN WITNESS WHEREOF, this first amendment to the agreement has
been executed by the parties effective as the date and year
5 first above written.
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CITY OF SAN BERNARDINO, a
Municipal C9rporation of
the S ef California
8 ATTEST:
1~ Ci~ ~
BY
Mayor
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Sworn
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98-223
GROUP I MEDICAL EXAMINATION
EXHIBIT A
I: Employees in the classifications of Police and Fire
employees.
Personal and family health history questionnaire review.
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)
Pulmonary function/Spirometer
Pre-employment TB testing
written report of findings by physician within seven (7)
working days from day of the examination.
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98-223
GROUP II MEDICAL EXAMINATION
3 GROUP II: Employees for heavy labor, skilled trades, equipment
operation, refuse collection, and grounds maintenance
4 classifications. These jobs require one or more of the
following; lifting and/or carrying weights of more than 50
5 pounds; repetitive awkward motions of the trunk or the back;
frequent bending, squatting, climbing or prolonged standing.
Ears:
Nose,
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., umbilical hernia, surgical
18 scars, etc., must be noted by the physician.)
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1.
Personal and family health history questionnaire review.
2.
Complete physical examination including:
Height
Weight
Blood pressure
Pulse before and after exercise
Eyes: Field of vision, extra ocular movements, pupils,
fundi
Tympanic membrane, wax
mouth, throat, dental hygiene
Eye test: (Corrected & Uncorrected) Near and Distant
Vision, Peripheral and Color vision. (Use of Titmus II
testing equipment or its equivalent is required.)
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
Laboratory studies:
Urinalysis: Sugar and Albumin
Mobility and flexibility tests (to include Jarmar Grip
Test)
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98-223
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 BXAMINATIONS
3 GROUP III: Miscellaneous classifications - light to moderate
physical demands upon employees:
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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
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scars, etc., must ~e noted ~y the physician.)
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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).
Laboratory studies: Urinalysis Sugar and Albumin
T.B. test for employees involved in work in the close
proximity of children. positions in this category are
the Food Handlers, Teacher/Director, Teacher, Teacher
Aide, Recreation series and Lifeguard series.
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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
Examiner within seven (7)
examination.
by physician to the Chief
working days from day of