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HomeMy WebLinkAbout1992-201 1 RESOLUTION NO. 92-201 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL 3 CLINIC RELATING TO PRE-EMPLOYMENT MEDICAL SERVICES FOR POLICE AND FIRE SAFETY EMPLOYEES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said 8 City an agreement with San Bernardino Industrial Medical 9 Clinic for the purpose of conducting pre-employment medical 10 services for the City, copy of which is attached hereto, il marked Exhibit "A", and incorporated herein by reference as 12 fully as though set forth at length. This agreement is 13 effective July 1, 1992 and terminates on June 30, 1993. 14 SECTION 2. This agreement shall not take affect until 15 fully signed and executed by all parties. The City shall not 16 be obligated hereunder unless and until the Agreement is fully 17 executed and no oral agreement relating thereto shall be 18 implied or authorized. 19 SECTION 3. The authorization to execute the above 20 referenced agreement is rescinded if the parties to the 21 agreement fail to execute it within sixty (60) days of the 22 passage of this resolution. 23 I HEREBY CERTIFY that the foregoing resolution was duly 24 adopted by the Mayor and Common Council of the City of San 25 Bernardino at a regular meeting thereof, held on the 15th 26 day of June , 1992, by the following vote, to wit: 27 II 28 1 2 3 RESOLUTION TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL CLINIC RELATING TO PRE-EMPLOYMENT MEDICAL SERVICES FOR POLICE AND FIRE SAFETY PERSONNEL. COUNCIL MEMBERS: 4 ESTRADA 5 REILLY 6 HERNANDEZ 7 MAUDSLEY 8 MINOR 9 POPE-LUDLAM 10 MILLER il 12 13 AYES NAYS ABSTAIN x x x x x x x \ !:.;-(" '1jL~ t / h~., '.1.~. i 'J- CITY CLERK cl 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this 18th day of June ,1992. i / / ! ';' f l / I : .~.. / / .. / '/, W.R. Holco~, Mayor City of san Bernardino 21 Approved as to form and legal content: 22 ~ . 2 . City.of S. Bdno .Res 92-201 adopted 6/15/92 1 2 3 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 EXHIBIT A AGREEMENT THIS AGREEMENT is made and entered into at San Bernardino California, this day of , 1992, by and between the CITY OF SAN BERNARDINO, a municipal corporation hereinafter called "CITY", and San Bernardino Medical Industrial Clinic hereinafter called "Medical Clinic". The parties agree as follows: 1. Services. upon request and referral by City, Medical Clinic shall conduct pre-employment physicals and evaluations 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 the 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 civil Code Section 56.10 unless a document signed by the II 1 2 3 4 5 6 7 8 9 10 11 12 examinee is received by Medical Clinic which authorizes the release to the city of more extensive medical information. 2. Payment. City shall pay Medical Clinic $180.00 for each person that city refers for a pre-employment physical examination and evaluation. said physical examination shall specifically include, but not be limited to, the items listed on Exhibit A, except as to those items listed as "optional", or for which a stated additional charge follows. Any item designated as "optional" shall mean optional at the instance of city, and city shall pay Medical Care Center for such optional services as may be required by the City as follows: evaluation drug screen panel, $150.00; Standing EKG, Report and Recommendation. Following each completed examination a written report and recommendation including significant findings and limitations shall be prepared by Medical Clinic in the form set forth at led) above and shall be forwarded to city within seven days of completion of the examination. When the report reflects "normal" in an area of examination, the statement shall mean that all applicable items to be reviewed or examined have been so reviewed or examined and that no significant adverse findings or limitations were discovered. 16 17 18 19 20 21 22 23 24 II 25 II 26 II 27 II 28 2 1 4. Additional Duties and Responsibilities. Medical 2 Clinic shall specifically assume the following additional 3 duties and responsibilities at a price to be agreed upon in 4 advance of such services by the parties. 5 (a) Appeals. In the event an unsuccessful 6 applicant appeals his or her rejection to the civil Service 7 Board, Medical Clinic shall re-examine and re-evaluate the 8 appellant and provide information, in person or by 9 comprehensive narrative report, to the civil Service Board 10 about the appellant's present medical limitations. 11 (b) Modifying guidelines. City may require expert 12 medical advice and consultation (including research results 13 and recommendations) on occasion for determining new, or 14 revising existing, medical guidelines or changes in medical 15 procedures and examinations for future specific needs. 16 5. Billing. Medical Clinic shall bill City monthly 17 and said statement shall include the names of the persons 18 examined and the dates of the examinations. City will accept 19 charges only for those services first requested by City. 20 6. Equipment and Personnel. Medical Clinic hereby 21 agrees to have equipment and personnel for back-up and 22 emergencies to assure prompt scheduling of medical 23 examinations. Medical Clinic shall designate a competent 24 physician or group of physicians to perform all obligations 25 pursuant to and in accordance with the terms of this 26 agreement. 27 II 28 3 1 Medical Clinic hereby covenants that any such physician or 2 group of physicians shall be competent with respect to the 3 specific tasks to be performed. 4 7. Assignment. This agreement may not be assigned by 5 either party hereto. 6 8. Hold harmless. Medical CI inic hereby agrees to, and 7 shall hold city, its elective and appointive boards, 8 commissions, officers, agents and employees harmless from any 9 liability for damage or claims for damage for personal injury, 10 including death, as well as for claims for property damage 11 which may arise from Medical Clinic's operations and 12 activities under this agreement, whether such operations and 13 activities be by Medical Clinic or by anyone or more persons 14 directly or indirectly employed by or acting as agent for 15 Medical Clinic. Medical Clinic agrees to and shall defend 16 city and its elective and appointive boards, commissions, 17 officers, agents and employees from any suits or actions at 18 law or in equity for damages caused, or alleged to have been 19 caused, by reason of any of Medical Clinic's operations or 20 acts or omissions and activities hereunder. 21 II 22 II 23 II 24 II 25 II 26 II 27 II 28 4 In 1 9. Insurance. Medical Clinic shall be insured by an 2 insurance carrier acceptable to city against loss from public 3 liability arising from any operation or activity of the 4 Medical Clinic or employees in connection with the performance 5 of this agreement. Minimum coverage shall be one million 6 dollars combined single limit liability, to include medical 7 malpractice insurance. A copy of the policy of insurance 8 shall be filed with the Risk Management Division of city and 9 shall name the city of San Bernardino as an additional 10 insured. Said policy shall specify that the policy may not be il terminated, altered or cancelled without thirty (30) days 12 prior written notice to the City by the insurance company. 13 10. Workers' compensation. Medical Clinic's employees 14 shall be covered by workers' compensation insurance in an 15 amount and form to meet all applicable requirements of the 16 Labor Code of the State of California and which specifically 17 covers all persons providing services on behalf of Medical 18 Clinic and all risks to such persons under this agreement. 19 11. Term. This agreement shall be effective as of 20 the date of execution by City, and shall terminate June 30, 21 1993. 22 12. Right of Termination. City and Medical Clinic shall 23 have the right to terminate this agreement at any time by the of thirty days advance written notice to the other 24 giving 25 party. 26 II 27 II 28 5 1 13. Notices. All notices hereunder shall be by 2 certified mail, postage prepaid, addressed as follows: 3 4 5 civil Service Department Chief Examiner 300 N. "D" Street San Bernardino, CA 92418 San Bernardino Medical Industrial Clinic 599 Inland Center Drive suite 108 San Bernardino, CA 92408 6 14. Independent Contractor. Medical Clinic shall act as 7 an independent contractor in the performance of its services 8 provided under this agreement and shall furnish such services 9 in Medical Clinic's own manner and methods and in no respect 10 be considered an agent or employee of City. 11 15. Entire Agreement. This agreement represents the 12 entire agreement between the parties and any amendments and/or 13 addenda shall be made in writing between the parties and 14 attached to this agreement. 15 IN WITNESS WHEREOF, this agreement has been executed by 16 the parties effective as the date and year first above 17 written. 18 19 20 ATTEST: CITY OF SAN BERNARDINO, a Municipal Corporation of the state of California BY 21 W.R. Holcomb, Mayor 22 City Clerk 23 Approved As to Form 24 and Legal Content. 25 James F. Penman 26 City Attorney John R. Gaylord Marketing Director San Bernardino Medical Industrial Clinic 27 28 II :/ BY: ..!..4t.--'\,......>1 ~ }- ,) re c, \"-<.... Res 92-201 PRE-EMPLOYMENT MEDXCAL EXAMXNATXON FOR EMPLOYEES IN THE POLICE AND FIRE SAFETY CLASSIFICATIONS 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. . . City of SBdno Res 92-201 adopted 6/15/92 1 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A AGREEMENT THIS AGREEMENT is made California, this I~ and entered into at San Bernardino day of ~ ' 1992, by and BERNARDINcY, a municipal corporation between the CITY OF SAN hereinafter called "CITY", and San Bernardino Medical Industrial Clinic hereinafter called "Medical Clinic". The parties agree as follows: 1. Services. Upon request and referral by City, Medical Clinic shall conduct pre-employment physicals and evaluations 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 the 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 civil Code section 56.10 unless a document signed by the II 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 examinee is received by Medical Clinic which authorizes the release to the city of more extensive medical information. 2. Payment. City shall pay Medical Clinic $180.00 for each person that city refers for a pre-employment physical examination and evaluation. Said physical examination shall specifically include, but not be limited to, the items listed on Exhibit A, except as to those items listed as "optional", or for which a stated additional charge follows. Any item designated as "optional" shall mean optional at the instance of city, and city shall pay Medical Care Center for such optional services as may be required by the City as follows: steroid evaluation drug screen panel, $150.00; Standing EKG, $20.00; 3. Report and Recommendation. Following each completed examination a written report and recommendation including significant findings and limitations shall be prepared by Medical Clinic in the form set forth at led) above and shall be forwarded to city within seven days of completion of the examination. When the report reflects "normal" in an area of examination, the statement shall mean that all applicable items to be reviewed or examined have been so reviewed or examined and that no significant adverse findings or limitations were discovered. II II II II 2 1 4. Additional Duties and Responsibilities. Medical 2 Clinic shall specifically assume the following additional 3 duties and responsibilities at a price to be agreed upon in 4 advance of such services by the parties. 5 (a) Appeals. In the event an unsuccessful 6 applicant appeals his or her rejection to the civil service 7 Board, Medical Clinic shall re-examine and re-evaluate the 8 appellant and provide information, in person or by 9 comprehensive narrative report, to the civil Service Board 10 about the appellant's present medical limitations. il (b) Modifying guidelines. City may require expert 12 medical advice and consultation (including research results 13 and recommendations) on occasion for determining new, or 14 revising existing, medical guidelines or changes in medical 15 procedures and examinations for future specific needs. 16 5. Billing. Medical Clinic shall bill City monthly 17 and said statement shall include the names of the persons 18 examined and the dates of the examinations. City will accept 19 charges only for those services first requested by City. 20 6. Equipment and Personnel. Medical Clinic hereby 21 agrees to have equipment and personnel for back-up and 22 emergencies to assure prompt scheduling of medical 23 examinations. Medical Clinic shall designate a competent 24 physician or group of physicians to perform all obligations 25 pursuant to and in accordance with the terms of this 26 agreement. 27 II 28 3 1 Medical Clinic hereby covenants that any such physician or 2 group of physicians shall be competent with respect to the 3 specific tasks to be performed. 4 7. Assignment. This agreement may not be assigned by 5 either party hereto. 6 8. Hold harmless. Medical Clinic hereby agrees to, and 7 shall hold City, its elective and appointive boards, 8 commissions, officers, agents and employees harmless from any 9 liability for damage or claims for damage for personal injury, 10 including death, as well as for claims for property damage it which may arise from Medical Clinic's operations and 12 activities under this agreement, whether such operations and 13 activities be by Medical Clinic or by anyone or more persons 14 directly or indirectly employed by or acting as agent for 15 Medical Clinic. Medical Clinic agrees to and shall defend 16 City and its elective and appointive boards, commissions, 17 officers, agents and employees from any suits or actions at 18 law or in equity for damages caused, or alleged to have been 1 9. Insurance. Medical Clinic shall be insured by an 2 insurance carrier acceptable to City against loss from public 3 liability arising from any operation or activity of the 4 Medical Clinic or employees in connection with the performance 5 of this agreement. Minimum coverage shall be one million 6 dollars combined single limit liability, to include medical 7 malpractice insurance. A copy of the policy of insurance 8 shall be filed with the Risk Management Division of City and 9 shall name the City of San Bernardino as an additional 10 insured. Said policy shall specify that the policy may not be il terminated, altered or cancelled without thirty (30) days 12 prior written notice to the city by the insurance company. 13 10. Workers' compensation. Medical Clinic's employees 14 shall be covered by workers' compensation insurance in an 15 amount and form to meet all applicable requirements of the 16 Labor Code of the State of California and which specifically 17 covers all persons providing services on behalf of Medical 18 Clinic and all risks to such persons under this agreement. 19 11. Term. This agreement shall be effective as of 20 the date of execution by City, and shall terminate June 30, 21 1993. 22 12. Right of Termination. ci ty and Medical Cl inic shall 23 have the right to terminate this agreement at any time by the of thirty days advance written notice to the other 24 giving 25 party. 26 II 27 II 28 5 , 1 13. Notices. All notices hereunder shall be by 2 3 4 5 certified mail, postage prepaid, addressed as follows: civil service Department Chief Examiner 300 N. "0" street San Bernardino, CA 92418 San Bernardino Medical Industrial Clinic 599 Inland Center Drive suite 108 San Bernardino, CA 92408 6 14. Independent Contractor . Medical CI inic shall act as 7 an independent contractor in the performance of its services 8 provided under this agreement and shall furnish such services 9 in Medical Clinic's own manner and methods and in no respect 10 be considered an agent or employee of city. i1 15. Entire Agreement. This agreement represents the 12 entire agreement between the parties and any amendments and/or 13 addenda shall be made in writing between the parties and 14 attached to this agreement. 15 16 the parties effective as the date and year first above 17 18 19 IN WITNESS WHEREOF, this agreement has been executed by written. CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California~;> / 20 ATTEST: 21 ~~~~ 22 cit Clerk 23 Approved As to Form 24 and Legal Content. 25 Jo n . Gaylord Ma keting Director San Bernardino Medical Industrial Clinic James F. Penman 26 City Attorney : BYJM' ). f~/J..L\"-o<..... , ." Res 92-201 PRE-EMPLOYMENT MEDICAL EXAMINATION FOR EMPLOYEES IN THE POLICE AND FIRE SAFETY CLASSIFICATIONS 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.