HomeMy WebLinkAbout22-Human Resources
o
c
o
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO TO
AUTHORIZE A CONTRACT WITH FOX
OCCUPATIONAL MEDICAL CENTER
FOR THE PROVISION OF PRE-
EMPLOYMENT PHYSICALS AND
WORKERS' COMPENSATION
OCCUPATIONAL INJURY SERVICES
FOR THE CITY OF SAN
BERNARDINO EMPLOYEES,
PURSUANT TO SECTION 3.04.010B3
OF THE MUNICIPAL CODE.
Linn Livingston, Human
Resources Director
Dept:
Human Resources
Date:
June 26, 2008
MICC Meeting Date: July 7, 2008
Synopsis of Previous Council Action:
On July 1, 1999, Mayor and Common Council approved Resolution 1999-200
authorizing agreement between City and Fox.
On July 1, 2000, Mayor and Common Council approved Resolution No. 2000-70
authorizing agreement between City and Fox.
Recommended Motion:
Adopt Resolution.
v ~( lei? 0(/(;
I Signature
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
$160,000
Source: (Acct.,No.)
678-452-5505 ($25,000)
678-452-5163 ($135,000)
(Acct. Description) Professional/Contractual Svcs
and Workers' Comoensation Claims
Finance:
Council Notes:
Agenda Item No. >>~
7/1/fJ(
o
o
o
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
. Staff Report
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino to authorize a
contract with Fox Occupational Medical Center for the provision of pre-employment physicals
and Workers' Compensation Occupational Injury Services for the City of San Bernardino
employees, pursuant to Section 3.04.010B3 of the Municipal Code.
Backl!found:
Pre-employment examinations are necessary prior to the hiring process to ensure the suitability
of a candidate's ability to perform the essential job function requirements. Occupational Clinics
are necessary to provide for immediate medical care following an industrial injury and to ensure
a speedy recovery and return to work.
Dr. Roger Fox is a local provider who proviMs pre-employment physical and workers'
compensation services to the City of San Bernardino employees. He has provided these services
to the City for many years. Dr. Fox has been used by several public agencies in the area for pre-
employment physical, and workers' compensation services in accordance with the statutory
requirements. He is a State Certified Occupational provider and has a proven track record
regarding his understanding of the scope of services provided and state reporting requirements
regarding workers' compensation matters.
Financial Impact:
The financial impact for the 2008-2009 fiscal year for pre-employment physicals should not
exceed $25,000. The $135,000 for workers' compensation services are included in the 2008-
2009 workers' compensation budget line items.
The Human Resources Department is requesting a purchase order for the pre-employment
physicals and workers' compensation occupational injury services in the amount of $160,000 for
FY 2008-2009 with two (2) one (I) year extensions at the City's option.
Recommendation:
Adopt Resolution.
HR/Agenda Items:SR.FOX.2008
Resolution No
2
5
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF AN AGREEMEN
WITH FOX OCCUPATIONAL MEDICAL CENTER FOR THE PROVISION OF PRE
EMPLOYMENT PHYSICALS AND WORKERS' COMPENSATION OCCUPATION
INJURY SERVICES FOR THE CITY OF SAN BERNARDINO EMPLOYEES
PURSUANT TO SECTION 3.4.010B3 OF THE MUNICIPAL CODE.
3
4
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
7
8
SECTION I. The City Manager of the City of San Bernardino is hereby authorized and
9
directed to execute on behalf of said City an Agreement with Fox Occupational Medical Center
10
for the provision of pre-employment physicals and workers' compensation occupational injury
11
services for City of San Bernardino employees. A copy of the Agreement is attached hereto as
12
Exhibit "A" and incorporated herein.
13
SECTION 2. This purchase is exempt from Section 3.04.010 of the San Bernardino
14
Municipal Code, pursuant to Section 3.04.0IOB3 of said Code, "Purchases approved by the
15
Mayor and Common Council."
16
SECTION 3. The Purchasing Manager is hereby authorized to issue a Purchase Order to
17
Fox Occupational Medical Center for the provision of pre-employment physicals and workers'
18
compensation occupational injury services, for a total amount not to exceed $160,000 for fiscal
19
year 2008-2009, with two (2) one (I) year extensions at the City's option.
20
SECTION 4. The Purchase Order shall reference this Resolution No. 2008-
21
22
and shall read "Fox Occupational Medical Center for the provision of pre-employment physicals
23
and workers' compensation occupational injury services, P.O. No.
not to exceed
24 $160,000" and shall incorporate the terms and conditions of this Resolution.
25 SECTION 5. The authorization to execute the above-mentioned agreement is rescinded
if the parties to the agreement fail to sign it within sixty (60) days of the passage of this
resolution.
1f;_ /I ~
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF AN AGREEMEN
2 WITH FOX OCCUPATIONAL MEDICAL CENTER FOR THE PROVISION OF PRE
EMPLOYMENT PHYSICALS AND WORKERS' COMPENSATION OCCUPATION
3 INJURY SERVICES FOR THE CITY OF SAN BERNARDINO EMPLOYEES
4 PURSUANT TO SECTION 3.4.010B3 OF THE MUNICIPAL CODE.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 the Common Council of the City of San Bernardino at a
meeting thereof,
7 held on
day of
, 2008, by the following vote, to wit:
8
16
17
Rachel G. Clark, City Clerk
18
The foregoing resolution IS hereby approved this
day of
19
,2008.
20
21
Patrick J. Morris, Mayor
City of San Bernardino
22
23
Approved as to Form:
24 JAMES F. PENMAN,
City Attorney
25
By:
?-JL-
geod. l1ems:Reso.FOX.2008
VENDOR SERVICE AGREEMENT
2
This Vendor Service Agreement is entered into this _ day of
3
and between Fox Occupational Medical Center ("VENDOR") and the City of San Bernardin
4
("CITY").
5
WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageou
7
and in the best interest of the CITY to acquire pre-employment physicals, and workers
8
compensation occupational injury services; and
9
WHEREAS, this purchase is exempt from the formal contract procedures of Sectio
10
11
3.04.010 of the San Bernardino Municipal Code, pursuant to Section 3.04.010B3 of said Code
12
"Purchases approved by the Mayor and Common Council";
13
NOW, THEREFORE, the parties hereto agree as follows:
14 1.
SCOPE OF SERVICES.
15
For the remuneration stipulated, CITY hereby engages the services of VENDOR t
16
provide those products and services as set forth in Exhibit "A", attached hereto and incorporate
17
herein by this reference.
18
2.
COMPENSATION AND EXPENSES.
19
For the services delineated above, the CITY, upon presentation of an invoice
a.
20
shall pay the VENDOR as follows:
21
1. Payments for workers' compensation occupational injury services shall b
22
23
paid in accordance with the Official Medical Fee Schedule promulgated by the Division 0
24
Workers' Compensation Administrative Director under Labor Code Section 5307.1 and found i
25
Sections 9789.10 et seq. of Title 8, California Code of Regulations.
2. Pre-employment Payments - Class I Physicals - CITY shall pay VENDO
$210.00 for each person that CITY refers for a pre-employment physical examination an
EXHIBIT "A"
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
evaluation. Said examination shall specifically include, but not be limited to, the items listed 0
Exhibit "B", except as to those items listed as "optional," or for which a stated additional charg
follows. Any item designated as "optional," shall mean optional at the instance of CITY, an
CITY shall pay VENDOR as follows: Steroid Evaluation Drug Screen Panel, $18.00; Standin
EKG, $25.00. Class II Physicals - CITY shall pay VENDOR $81.00 for each person that CIT
refers for a pre-employment physical examination and evaluation. Said physical examinatio
shall specifically include, but not be limited to, the items listed on Exhibit "B", For Departmen
of Motor Vehicles License Examinations, CITY shall pay VENDOR $96.00 or $15.00 i
addition to regular exam fee if both exams are conducted. Class III Physicals - CITY shall pa
VENDOR $66.00 for each person that CITY refers for a pre-employment physical examinatio
and evaluation. Said physical examination shall specifically include, but not be limited to, th
items listed on Exhibit "B".
b.
VENDOR shall bill CITY monthly and said statement shall include the names 0
the persons examined and the dates of the examinations. CITY will accept charges only fo
those services first requested by the CITY. VENDOR's annual compensation shall in no cas
exceed $160,000.
c. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year, with two (2) one-ye
extensions at the City's option.
This Agreement may be terminated at any time by thirty (30) days written notice b
either party. The terms of this Agreement shall remain in force unless mutually amended.
duration of this Agreement may be extended with the written consent of both parties.
2
EXHIBIT "A"
4.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
INDEMNITY.
CITY agrees to indemnify and hold hannless VENDOR, its officers, agents an
volunteers from any and all claims, actions, or losses, damages and/or liability resulting fro
CITY's negligent acts or omissions arising from the CITY's performance of its obligations unde
the Agreement.
VENDOR agrees to indemnify and .hold hannless the CITY, its officers, agents, an
volunteers from any and all claims, actions, or losses, damages and/or liability resulting fro
VENDOR's negligent acts or omissions arising from the VENDOR's performance of it
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for an
claim, action, loss, or damage which results from their respective obligations under th
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of its comparativ
fault.
5.
INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement
VENDOR shall maintain in effect policies of comprehensive public, general and automobil
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory workers
compensation coverage in accordance with the laws of the State of California. VENDOR shal
maintain professional malpractice insurance for professional negligence, including errors
omissions, or other professional acts in the amount of $100,000.00. VENDOR shall fil
Certificate(s) of Insurance with the CITY's Risk Manager prior to undertaking any work unde
this Agreement. CITY shall be set forth as an additional named insured in each Certificate 0
Insurance provided hereunder. The Certificate( s) of Insurance furnished to the CITY shal
require the insurer to notify CITY of any change or termination in the policy.
3
EXHIBIT "A"
6.
INDEPENDENT CONTRACTOR.
2
VENDOR shall perform work tasks provided by this Agreement, but for all intents an
3
purposes VENDOR shall be an independent contractor and not an agent or employee of th
4
CITY. VENDOR shall secure, at its expense, and be responsible for, any and all payment 0
5
Income Tax, Social Security, State Disability Insurance Compensation, Unemploymen
6
Compensation, and other payroll deductions for VENDOR and its officers, agents, an
7
employees, and all business licenses, if any are required, in connection with the services to b
8
9
performed hereunder.
10
7.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
11
VENDOR warrants that it possesses or shall obtain, and maintain a business registratio
13
qualifications, insurance and approval of whatever nature that are legally required ofVENDO
12
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits
14
to practice its business or profession.
15 8.
NOTICES.
16
Any notice to be given pursuant to this Agreement shall be deposited with the Unite
17
States Postal Service, postage prepaid and addressed as follows:
18
TO THE CITY:
Linn Livingston
Human Resources Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5161
19
20
21
TO THE VENDOR:
Fox Occupational Medical Center
1375 Camino Real, Suite 130
San Bernardino, CA 92408
(909) 884-1500
22
23
24
25
9.
ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, th
prevailing party shall be entitled to recover from the opposing party all costs and expenses
4
EXHIBIT "A"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of it
rights or remedies hereunder or the enforcement of any of the terms, conditions or provision
hereof. The costs, salary and expenses of the City Attorney and members of his office i
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for th
purposes of this paragraph.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law asSIgn, transfer, sublet 0
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prio
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voi
and shall constitute a breach of this Agreement and cause for the termination of this Agreement
Regardless of CITY's consent, no subletting or assignment shall release VENDOR 0
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunde
for the term of this Agreement.
11.
VENUE.
The parties hereto agree that all actions or proceedings arising in connection with thi
17
Agreement shall be tried and litigated either in the State courts located in the County of S
18
Bernardino, State of California or the u.S. District Court for the Central District of California
19
20
21
22
23
24
Riverside Division. The aforementioned choice of venue is intended by the parties to b
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13.
SUCCESSORS AND ASSIGNS.
25 This Agreement shall be binding on and inure to the benefit of the parties to thi
Agreement and their respective heirs, representatives, successors, and assigns.
5
EXHIBIT "A"
14. HEADINGS.
2
3
4
5
6
7
8
9
The subject headings of the sections of this Agreement are included for the purposes 0
convenIence only and shall not affect the construction or the interpretation of any of it
provISIons.
15. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between th
parties, and supercedes any prior agreements and understandings relating to the subject matter 0
this Agreement. This Agreement may be modified or amended only by a written instrumen
10 executed by all parties to this Agreement.
11 II
12 II
13 II
14 II
15 II
16 II
17
II
18
II
19
II
20
II
21
II
22
23 II
24 II
25 II
6
EXHIBIT "A"
1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the da
2 and date set forth below.
3 Dated: ,2008 VENDOR
4
5 By:
6
Its:
7
8
Dated ,2008 CITY OF SAN BERNARDINO
9
10 By:
Fred Wilson, City Manager
11
Approved as to Form:
12
JAMES F. PENMAN,
13 City Attorney
14
15 By:
16
17
18
19
20
21
HRJ Agenda Items:agreement.fox.2008
22
23
24
25
7
EXHIBIT "A"
2
3
4
5
6
7
8
9
10
11
12
13
14
15
EXHIBIT "A"
SCOPE OF SERVICES
Upon request and referral by City, Fox Occupational Medical Center ("FOX") shal
conduct pre-employment physicals and provide workers' compensation occupational inj
services. Such services shall include, but not be limited to, the following:
1.
Workers' Compensation. Scope of services shall be provided III accordance
California Labor Code 94600 and all other applicable statutes.
2. Pre-employment Phvsicals.
a. Providing central coordination for medical data and information related to pre
employment services 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 "B," attached hereto and incorporated herein by reference;
c.
Upon specific request of City, taking x -rays and conducting other medical
16 tests and providing City an evaluation thereof; and
17
18
19
20
21
22
23
24
25
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 956.10 unless a document signed by the examinee is received by FOX which
authorizes the release to the City of more extensive medical information.
3. Reoort and Recommendation. Following each completed Class I, II and III examination
a summary and evaluation shall be prepared by FOX in a form set forth at 2(d) above and shal
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 t
be reviewed or examined have been so reviewed or examined and that no significant adverse
EXHIBIT "A"
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
findings or limitations were discovered.
4. Additional Duties and Responsibilities. FOX shall specifically assume the followin
additional duties and responsibilities at a price to be agreed upon in advance of such services b
parties.
a. Appeals. In the event an unsuccessful applicant appeals his or her rejection to th
Civil Service Board, FOX shall re-examine and re-evaluate the appellant and provid
information, in person or by comprehensive narrative report, to the Civil Service Board about th
appellant's present medical limitations.
b. Modifving Guidelines. City may require expert medical advice and consultatio
(including research results and recommendations) on occasion for determining new, or revisin
existing, medical guidelines or changes in medical procedures and examinations for futur
specific needs.
5. Eauipment and Personnel. FOX hereby agrees to have equipment and personnel fo
backup and emergencies to assure prompt scheduling of medical examinations. FOX shal
conduct any examinations or testing within five working days of City's request for schedulin
the exams or test. FOX shall designate a competent physician or group of physicians to perfo
all obligations pursuant to and in accordance with the terms of this agreement in the event FO
is temporarily unavailable to render services required. FOX hereby covenants that any suc
physician or group of physicians shall be competent with respect to the specific task performed.
2
EXHIBIT "A"
EXHIBIT "B"
CLASS I MEDICAL EXAMINATION
CLASS I: Employees in t\1e classification of Police and Fire Sworn employees.
1. Personal and Family healt\1 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) 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
EXHIBIT "A"
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Extremities
Lymph nodes
Nervous system
3. Laboratory Studies:
Urinalysis: Sugar and Albumin
Hematology: Lipid Panel
4. Radiological Studies:
Lumbar Spine x-rays (5 views)
Chest x-rays
5. Pre-employment Drug Screening - GeMS conformation on all positive screens.
Steroids evaluation drug screen panel (optional)
6. Mobility and Flexibility test (to include Jarmar grip test)
7. Standing EKG (optional-subject to other test results)
8. Pulmonary function/Spirometer
9. Pre-employment TB testing
10. Written report of findings by physician within seven (7) days from day of
the examination.
2
EXHIBIT "A"
2
3
4
5
CLASS II MEDICAL EXAMINATION
CLASS II: Employees for heavy labor skilled trades, equipment operation, refuse collection, an
ground maintenance classifications. These jobs require one or more of the following: lifting
and/or carrying weights of more than 50 pounds; repetitive awkward motions of the back;
frequent bending, squatting, climbing or prolonged standing.
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)
Ears (tympanic membrane, wax)
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen & Viscera - liver, kidneys, spleen
External genitalia (men) and hernia check (all)
Skin
Spine
Extremities
3
EXHIBIT "A"
1
2
3
4
Lymph nodes
Nervous system
(NOTE: The physician must note any abnormalities, i.e., umbilical hernia, surgical scars,
etc. )
5
3. Eye test: (Corrected & Uncorrected) Near and distant Vision, Peripheral and Color
6
Vision. (Use of Titmus II testing equipment or its equivalent is required.)
7
4. Hearing test: Audiometric testing using a PureTone Audiometer and Soundproof Booth.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz.
5. Radiological studies: Two view lumbar spine x-ray
6. Laboratory studies:
Urinalysis: Sugar and Albumin
7. Mobility and flexibility test (to include Jarmar Grip Test)
8. 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:
Integrated Waste Operator I, II & III
Coach Operator
Heavy Equipment Operator
Park Maintenance Worker III
Motor Sweeper Operator
9. 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 Human Resources
Maintenance Worker II
Lead Maintenance Worker
Director.
25 10.
Written report of findings by physician to the Human Resources Director within seven
(7) working days from day of examination.
4
EXHIBIT "A"
CLASS III MEDICAL EXAMINATION
CLASS III: Miscellaneous classifications - light to moderate physical demands upon
employees:
I. Personal and Family health history questionnaire review.
2. 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.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3.
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 & Viscera -liver, kidneys, spleen
Extemal genitalia (men) and hernia check (all)
Skin
5
EXHIBIT "A"
1
2
3
4
5
6
7
8
9
10
11
Spine
Extremities
Lymph nodes
Nervous system
(NOTE: Any abnormalities, i.e., umbilical hernia, surgical scars, etc. must be noted by the
physician)
4. Eye test: (Corrected & Uncorrected) Near and distant vision and color vision. (Use of
Titmus II testing equipment or its equivalent is required.)
5. Hearing test: Audiometric testing using a PureTone Audiometer and Soundproof Booth.
(Testing levels of 500, toOO, 2000, 3000, 4000, 6000 Hz)
13
14
15
16
17
18
19
20
21
22
23
24
25
Laboratory studies:
Urinalysis: Sugar and Albumin
7. T.B. test for employees involved in work in the close proximity of children. Positions in
this category are Food Handlers, Teacher/Director, Teacher, Teacher Aide, Recreation series and
12 6.
Lifeguard series
8. Written report of findings by physician to the Human Resources Director within seven
(7) working days from day of examination.
6
EXHIBIT "A"
2
3
4
5
6
7
8
9
10
11
12
13
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of
2008, b
and between Fox Occupational Medical Center ("VENDOR") and the City of San Bernardin
("CITY").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageou
and in the best interest of the CITY to acquire pre-employment physicals, and workers'
compensation occupational injury services; and
WHEREAS, this purchase is exempt from the formal contract procedures of Sectio
3.04.010 of the San Bernardino Municipal Code, pursuant to Section 3.04.0IOB3 of said Code
"Purchases approved by the Mayor and Common Council";
NOW, THEREFORE, the parties hereto agree as follows:
15
16
17
18
19
20
21
22
23
24
25
SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of VENDOR t
provide those products and services as set forth in Exhibit "A", attached hereto and incorporate
herein by this reference.
14 1.
2.
COMPENSATION AND EXPENSES.
a.
For the services delineated above, the CITY, upon presentation of an invoice
shall pay the VENDOR as follows:
1. Payments for workers' compensation occupational injury services shall b
paid in accordance with the Official Medical Fee Schedule promulgated by the Division 0
Workers' Compensation Administrative Director under Labor Code Section 5307.1 and found i
Sections 9789.10 et seq. of Title 8, California Code of Regulations.
2. Pre-emplovrnent Pavrnents - Class I Physicals - CITY shall pay VENDO
$210.00 for each person that CITY refers for a pre-employment physical examination an
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
evaluation. Said examination shall specifically include, but not be limited to, the items listed 0
Exhibit "B", except as to those items listed as "optional," or for which a stated additional charg
follows. Any item designated as "optional," shall mean optional at the instance of CITY, an
CITY shall pay VENDOR as follows: Steroid Evaluation Drug Screen Panel, $18.00; Standin
EKG, $25.00. Class II Physicals - CITY shall pay VENDOR $81.00 for each person that CIT
refers for a pre-employment physical examination and evaluation. Said physical examinatio
shall specifically include, but not be limited to, the items listed on Exhibit "B", For Departmen
of Motor Vehicles License Examinations, CITY shall pay VENDOR $96.00 or $15.00 i
addition to regular exam fee if both exams are conducted. Class III Physicals - CITY shall pa
VENDOR $66.00 for each person that CITY refers for a pre-employment physical examinatio
and evaluation. Said physical examination shall specifically include, but not be limited to, th
items listed on Exhibit "B".
b.
VENDOR shall bill CITY monthly and said statement shall include the names 0
the persons examined and the dates of the examinations. CITY will accept charges only fo
those services first requested by the CITY. VENDOR's annual compensation shall in no cas
exceed $160,000.
c. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year, with two (2) one-ye
extensions at the City's option.
This Agreement may be terminated at any time by thirty (30) days written notice b
either party. The terms of this Agreement shall remain in force unless mutually amended.
duration of this Agreement may be extended with the written consent of both parties.
2
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents an
volunteers from any and all claims, actions, or losses, damages and/or liability resulting fro
CITY's negligent acts or omissions arising from the CITY's performance of its obligations unde
the Agreement.
4.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, an
volunteers from any and all claims, actions, or losses, damages and/or liability resulting fro
VENDOR's negligent acts or omissions arising from the VENDOR's performance of it
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for an
claim, action, loss, or damage which results from their respective obligations under th
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of its comparativ
fault.
5.
INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement
VENDOR shall maintain in effect policies of comprehensive public, general and automobil
liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory workers'
compensation coverage in accordance with the laws of the State of California. VENDOR shal
maintain professional malpractice insurance for professional negligence, including errors
omissions, or other professional acts in the amount of $100,000.00. VENDOR shall fil
Certificate(s) of Insurance with the CITY's Risk Manager prior to undertaking any work unde
this Agreement. CITY shall be set forth as an additional named insured in each Certificate 0
Insurance provided hereunder. The Certificate( s) of Insurance furnished to the CITY shal
require the insurer to notify CITY of any change or termination in the policy.
3
1 6. INDEPENDENT CONTRACTOR.
2
VENDOR shall perform work tasks provided by this Agreement, but for all intents an
3
purposes VENDOR shall be an independent contractor and not an agent or employee of th
4
CITY. VENDOR shall secure, at its expense, and be responsible for, any and all payment 0
5
Income Tax, Social Security, State Disability Insurance Compensation, Unemploymen
6
Compensation, and other payroll deductions for VENDOR and its officers, agents, an
7
employees, and all business licenses, if any are required, in connection with the services to b
8
9
performed hereunder.
10
7.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
11
VENDOR warrants that it possesses or shall obtain, and maintain a business registratio
13
qualifications, insurance and approval of whatever nature that are legally required of VENDO
12
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits
14
to practice its business or profession.
15 8.
NOTICES.
16
Any notice to be given pursuant to this Agreement shall be deposited with the Unite
17
States Postal Service, postage prepaid and addressed as follows:
18
TO THE CITY:
Linn Livingston
Human Resources Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5161
19
20
21
TO THE VENDOR:
Fox Occupational Medical Center
1375 Camino Real, Suite 130
San Bernardino, CA 92408
(909) 884-1500
22
23
24
25 9.
ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, th
prevailing party shall be entitled to recover from the opposing party all costs and expenses
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of it
rights or remedies hereunder or the enforcement of any of the terms, conditions or provision
hereof. The costs, salary and expenses of the City Attorney and members of his office i
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for th
purposes of this paragraph.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law asSign, transfer, sublet 0
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prio
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voi
and shall constitute a breach of this Agreement and cause for the termination of this Agreement
Regardless of CITY's consent, no subletting or assignment shall release VENDOR 0
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunde
for the term of this Agreement.
11.
VENUE.
The parties hereto agree that all actions or proceedings arising in connection with thi
17
Agreement shall be tried and litigated either in the State courts located in the County of S
18
Bernardino, State of California or the U.S. District Court for the Central District of California
19
20
21
22
23
24
Riverside Division. The aforementioned choice of venue is intended by the parties to b
mandatory and not permissive in nature.
12.
GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
SUCCESSORS AND ASSIGNS.
13.
25 This Agreement shall be binding on and inure to the benefit of the parties to thi
Agreement and their respective heirs, representatives, successors, and assigns.
5
14. HEADINGS.
2
3
4
5
6
7
8
9
The subject headings of the sections of this Agreement are included for the purposes 0
convenience only and shall not affect the construction or the interpretation of any of it
provisions.
15. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between th
parties, and supercedes any prior agreements and understandings relating to the subject matter 0
this Agreement. This Agreement may be modified or amended only by a written instrumen
10 executed by all parties to this Agreement.
11 II
12 II
13 II
14 II
15 II
16 II
17
II
18
II
19
II
20
II
21
II
22
23 II
24 II
25 II
6
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the da
2 and date set forth below.
3 Dated:
4
5
6
7
8
Dated
9
10
11
Approved as to Form:
12
JAMES F. PENMAN,
13 City Attorney
14
15
16
17
,2008
VENDOR
By:
Its:
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
18
19
20
21
HR/Agenda Items:agreement.fox.2008
22
23
24
25
7
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
EXHIBIT" A"
SCOPE OF SERVICES
Upon request and referral by City, Fox Occupational Medical Center ("FOX") shal
conduct pre-employment physicals and provide workers' compensation occupational inj
services. Such services shall include, but not be limited to, the following:
1.
Workers' ComDensation. Scope of services shall be provided III accordance
California Labor Code 94600 and all other applicable statutes.
2. Pre-emDlovrnent Phvsicals.
a. Providing central coordination for medical data and information related to pre
employment services 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 "B," 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 956.10 unless a document signed by the examinee is received by FOX which
authorizes the release to the City of more extensive medical information.
3. Reoort and Recommendation. Following each completed Class I, II and III examination
a summary and evaluation shall be prepared by FOX in a form set forth at 2(d) above and shal
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 t
be reviewed or examined have been so reviewed or examined and that no significant adverse
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
findings or limitations were discovered.
4. Additional Duties and Responsibilities. FOX shall specifically assume the followin
additional duties and responsibilities at a price to be agreed upon in advance of such services b
parties.
a. Appeals. In the event an unsuccessful applicant appeals his or her rejection to th
Civil Service Board, FOX shall re-examine and re-evaluate the appellant and provid
information, in person or by comprehensive narrative report, to the Civil Service Board about th
appellant's present medical limitations.
b. Modifying Guidelines. City may require expert medical advice and consultatio
(including research results and recommendations) on occasion for determining new, or revisin
existing, medical guidelines or changes in medical procedures and examinations for futur
specific needs.
5. Eauipment and Persounel. FOX hereby agrees to have equipment and persounel fo
backup and emergencies to assure prompt scheduling of medical examinations. FOX shal
conduct any examinations or testing within five working days of City's request for schedulin
the exams or test. FOX shall designate a competent physician or group of physicians to perfo
all obligations pursuant to and in accordance with the terms of this agreement in the event FO
is temporarily unavailable to render services required. FOX hereby covenants that any suc
physician or group of physicians shall be competent with respect to the specific task performed.
2
EXHIBIT "B"
CLASS I MEDICAL EXAMINATION
CLASS I: Employees in the classification of Police and Fire Sworn employees.
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) 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Extremities
Lymph nodes
Nervous system
3. Laboratory Studies:
Urinalysis: Sugar and Albumin
Hematology: Lipid Panel
4. Radiological Studies:
Lumbar Spine x-rays (5 views)
Chest x-rays
5. Pre-employment Drug Screening - GCMS conformation on all positive screens.
Steroids evaluation drug screen panel (optional)
6. Mobility and Flexibility test (to include Jarmar grip test)
7. Standing EKG (optional-subject to other test results)
8. Pulmonary function/Spirometer
9. Pre-employment TB testing
10. Written report of findings by physician within seven (7) days from day of
the examination.
2
1
2
3
4
5
CLASS II MEDICAL EXAMINATION
CLASS II: Employees for heavy labor skilled trades, equipment operation, refuse collection, an
ground maintenance classifications. These jobs require one or more of the following: lifting
and/or carrying weights of more than 50 pounds; repetitive awkward motions of the back;
frequent bending, squatting, climbing or prolonged standing.
6
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)
Ears (tympanic membrane, wax)
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen & Viscera - liver, kidneys, spleen
External genitalia (men) and hernia check (all)
Skin
Spine
Extremities
I.
7
2.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Lymph nodes
Nervous system
(NOTE: The physician must note any abnormalities, i.e., umbilical hernia, surgical scars,
etc. )
3. 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 of500, 1000,2000,3000,4000,6000 Hz.
5. Radiological studies: Two view lumbar spine x-ray
6. Laboratory studies:
Urinalysis: Sugar and Albumin
7. Mobility and flexibility test (to include Jarmar Grip Test)
8. 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:
Integrated Waste Operator I, II & III
Coach Operator
Heavy Equipment Operator
Park Maintenance Worker III
Motor Sweeper Operator
9. 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 Human Resources
Maintenance Worker II
Lead Maintenance Worker
Director.
25 10.
Written report of findings by physician to the Human Resources Director within seven
(7) working days from day of examination.
4
CLASS III MEDICAL EXAMINATION
CLASS ill: Miscellaneous classifications - light to moderate physical demands upon
employees:
I. Personal and Family health history questionnaire review.
2. 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 & Viscera -liver, kidneys, spleen
External genitalia (men) and hernia check (all)
Skin
1
2
3
4
5
6
7
8
5
Spine
2 Extremities
3 Lymph nodes
4
Nervous system
5
6
7
8
9
10
11
12
I3
14
15
16
(NOTE: Any abnormalities, i.e., umbilical hernia, surgical scars, etc. must be noted by the
physician)
4. Eye test: (Corrected & Uncorrected) Near and distant vision and color vision. (Use of
Titmus II testing equipment or its equivalent is required.)
5.
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
7. T .B. test for employees involved in work in the close proximity of children. Positions in
this category are Food Handlers, Teacher/Director, Teacher, Teacher Aide, Recreation series and
Lifeguard series
17
8. Written report of findings by physician to the Human Resources Director within seven
18
(7) working days from day of examination.
19
20
21
22
23
24
25
6