Loading...
HomeMy WebLinkAbout11- Civil Service 1 CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Mike Newbry, Chief Examiner Subject: Third Amendment to Agreement with Fox Occupational Dept: Civil Service ORI Gl iJAL Medical Clinic to conduct Physical Examinations for the City Date: March 14, 2000 Meeting Date: April 3, 2000 Synopsis of Previous Council Action: In August 1999, the Council approved a Second Amendment to Agreement for Fox Occupational Medical Clinic to provide Physical Examinations for the City. Recommended Motion: Adopt Resolution ignat e Contact person: Mika Newbry Phone: 5008 Chief Examiner Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) 001-141-5505 (Acct. Descriptian) nther Professional Ser ces Finance:��i����2��/���� Council Notes: Agenda Item No. 413/a�od CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Third Amendment to Agreement with Fox Occupational Medical Center to conduct Pre-employment physical examinations for the City of San Bernardino. This Amendment covers the period July 1, 2000 to June 30, 2001. Background: In July 1997, the Council approved an Agreement with Fox Occupational Medical Center to conduct Pre-employment Physical Examinations for the City of San Bernardino for the period October 1, 1997 through July 31, 1998, then in July 1998, the Council approved the First Amendment to Agreement to cover the period August 1, 1998 to July 31, 1999, and then in August 1999, the Council approved the Second Amendment to Agreement to cover the period August 1, 1999 to June 30, 2000. This will be the last amendment to the agreement and will be going out to bid next year. The agreement consists of providing pre-employment medical screening for the three groups of employees: Group I: Safety Employee (Police and Fire); Group II: Heavy Laborers, Skilled Trades, Heavy Equipment Operators, Grounds Maintenance and Refuse Collection: Group III: Miscellaneous classifications, i.e., Clerical, Engineers, Draftspersons, etc. This Amendment to Agreement represents no increase in cost to the City. The total cost for providing the three classes of pre-employment medical evaluations are: Group I: $146; Group II: $81; Group III: $66. Financial Impact: The funding source for these Agreements is account number 001-141-5505 from the Civil Service Department and the budgeted amount for this Agreement is $30,000. An exact amount cannot be placed since the amount expended depends upon the number of physical examinations conducted during the term of the Agreement. Recommendation: Adopt the Resolution. If this Amendment to Agreement is not approved, the City will not be able to complete the hiring process for new employees. 1 COPY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF THIRD AMENDMENT TO THE AGREEMENT WITH FOX OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 7 directed to execute on behalf of said City a Third Amendment to the Agreement with Fox 8 9 Occupational Medical Center for the purpose of conducting medical services for the City, 10 copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference 11 as fully as though set forth at length. This amendment is effective July 1, 2000,and 12 terminates on June 30,2001. 13 SECTION 2. This amendment shall not take effect until fully signed and executed © 14 by all parties. The City shall not be obligated hereunder unless and until the amendment is 15 16 fully executed and no oral agreement relating thereto shall be implied or authorized. 17 SECTION 3. The authorization to execute the above referenced amendment is 18 rescinded if the parties to the agreement fail to execute it within sixty(60) days of the 19 passage of this resolution. 20 // 21 22 23 // 24 25 26 © 27 28 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECUTION OF THIRD AMENDMENT TO THE AGREEMENT WITH FOX 3 OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof,held 7 on the_day of _,2000,by the following vote,to wit: 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 LIEN it 12 MCGINNIS 13 SCHNETZ 14 SUAREZ 15 ANDERSON 16 MCCAMMACK _ 17 18 19 CITY CLERK 20 The foregoing resolution is hereby approved this_day of , 2000. 21 22 Judith Valles, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Art e 27 By. 28 z 2000-70 1 EXHIBIT A 2 THIRD AMENDMENT TO AGREEMENT 3 THIS THIRD AMENDMENT TO AGREEMENT is made and entered into at San 4 Bernardino California,this 3rd day of April,2000,by and between the CITY OF SAN ' 5 6 BERNARDINO, a municipal corporation hereinafter called"CITY", and FOX 7 OCCUPATIONAL MEDICAL CENTER,hereinafter called"Medical Center". 8 The parties agree as follows: 9 1. Services. Upon request and referral by City,Medical Center shall conduct 10 pre-employment physicals and evaluations and provide other medical services for City. 11 12 Such services shall include,but not be limited to,the following: 13 (a) providing central coordination of medical data and information 14 related to pre-employment physicals and evaluations for City; 15 (b) obtaining the medical history of and personally examining and 16 reviewing all medical tests pertaining to persons referred by City in accordance with the 17 specifics set forth in Exhibit"A", attached hereto and incorporated herein by reference; 18 19 (c) upon specific request of City,taking x-rays and conducting other 20 medical tests and providing City an evaluation thereof; and 21 (d) providing City a summary and evaluation in regards to exams 22 conducted hereunder. Any such summary or evaluation shall be in a form as permitted 23 under California Civil Code Section 56.10 unless a document signed by the examinee is 24 received by Medical Center which authorizes the release to the City of more extensive 25 medical information. 26 27 2. Payment-Class I physicals -City shall pay Medical Center$146.00 for 3 28 2000-70 1 each person that City refers for a pre-employment physical examination and evaluation. 2 Said examination shall specifically include,but not be limited to, the items listed on Exhibit 3 A,except as to those items listed as "optional',or for which a stated additional charge 4 5 follows. Any item designated as 'optional'shall mean optional at the instance of City,and 6 City shall pay Medical Center as follows: Steroid Evaluation Drug Screen Panel, $18.00; 7 Standing EKG,$25.00. Class II physicals-City shall pay Medical Center$81.00 for each 8 person that City refers for a pre-employment physical examination and evaluation. Said 9 physical examination shall specifically include,but not be limited to,the items listed on 10 Exhibit A. For Department of Motor Vehicle License Examinations,City shall pay 11 12 Medical Center$96.00 or$15.00 in addition to regular physical exam fee if both exams are 13 conducted. Class III physicals-City shall pay Medical Center$66.00 for each person that 14 City refers for a pre-employment physical examination and evaluation. Said physical 15 examination shall specifically include,but not be limited to,the items listed on Exhibit A. 16 3. Report and Recommendation. Following each completed Class II and III 17 examination a written report and recommendation including significant findings and 18 limitations shall be prepared by Medical Center in the form set forth at I(d)above and shall 19 20 be forwarded to City within three days of completion of the examination. Class I physical 21 examinations shall be forwarded to City within seven days of completion of the 22 examination. When the report reflects "normal' in an area of examination,the statement 23 shall mean that all applicable items to be reviewed or examined have been so reviewed or 24 examined and that no significant adverse findings or limitations were discovered. 25 26 4. Additional Duties and Responsibilities. Medical Center shall specifically assume 27 the following additional duties and responsibilities at a price to be agreed upon in advance 4 28 2000-70 1 of such services by the parties. 2 (a) Appeals. In the event an unsuccessful applicant appeals his or her 3 rejection to the Civil Service Board, Medical Center shall re-examine and re-evaluate the 4 5 appellant and provide information, in person or by comprehensive narrative report,to the 6 Civil Service Board about the appellant's present medical limitations. 7 (b) Modifying guidelines. City may require expert medical advice and 8 consultation (including research results and recommendations) on occasion for determining 9 new, or revising existing, medical guidelines or changes in medical procedures and 10 examinations for future specific needs. 11 12 (c) Current employees. Medical Center shall examine current 13 employees with problematic medical symptoms or conditions at City referral to determine 14 if the employees are physically able to safely perform their duties. 15 5. Billing.Medical Center shall bill City monthly and said statement shall 16 include the names of the persons examined and the dates of the examinations. City will 17 accept charges only for those services first requested by City. 18 19 6. Equipment and Personnel. Medical Center hereby agrees to have equipment 20 and personnel for back-up and emergencies to assure prompt scheduling of medical 21 examinations. Medical Center shall conduct any examinations or testing within five 22 working days of City's request for scheduling the exams or tests. Medical Center shall 23 designate a competent physician or group of physicians to perform all obligations pursuant 24 to and in accordance with the terms of this agreement in the event Medical Center is 25 26 temporarily unavailable to render services required. Medical Center hereby covenants that 27 any such physician or group of physicians shall be competent with respect to the specific s 28 2000-70 1 tasks to be performed. 2 7. Assignment. This agreement may not be assigned by either party hereto. 3 8. Hold harmless. Medical Center hereby agrees to, and shall hold City, its 4 5 elective and appointive boards, commissions, officers, agents and employees harmless from 6 any liability for damage or claims for damage for personal injury, including death, as well 7 as for claims for property damage which may arise from Medical Center's operations and 8 activities under this agreement, whether such operations and activities be by Medical 9 Center or by any one or more persons directly or indirectly employed by or acting as agent 10 for Medical Center. Medical Center agrees to and shall defend City and its elective and 11 12 appointive boards, commissions, officers, agents and employees from any suits or actions at 13 law or in equity for damages caused, or alleged to have been caused,by reason of any of 14 Medical Center's operations or acts or omissions and activities hereunder. 15 9. Insurance. Medical Center shall be insured by an insurance carrier 16 acceptable to City against loss from public liability arising from any operation or activity 17 of the Medical Center or employees in connection with the performance of this agreement. 18 19 Minimum coverage shall be one million dollars combined single limit liability, to include 20 medical malpractice insurance. A copy of the policy of insurance shall be filed with the 21 Risk Management Division of City and shall name the City of San Bernardino as an 22 additional insured. Said policy shall specify that the policy may not be terminated, altered 23 or cancelled without thirty (30) days prior written notice to the City by the insurance 24 company. 25 26 10. Workers'compensation. Medical Center's employees shall be covered by 27 workers' compensation insurance in an amount and form to meet all applicable 6 28 2000-70 1 requirements of the Labor Code of the State of California and which specifically covers all 2 persons providing services on behalf of Medical Center and all risks to such persons under 3 this agreement. 4 5 11. Term. This amendment to the agreement shall be effective as of the date of 6 execution by City, and shall terminate June 30, 2001. 7 12. Right of Termination. City and Medical Center shall have the right to 8 9 terminate this agreement at any time by the giving of thirty days advance written notice to 10 the other party. 11 13. Notices. All notices hereunder shall be by certified mail, postage prepaid, 12 addressed as follows: 13 Civil Service Department Fox Occupational 14 Chief Examiner Medical Center 300 N. "D" Street Suite 130 15 San Bernardino, CA 92418 1375 Camino Real 16 San Bernardino, CA 92408 17 14. Independent Contractor. Medical Center shall act as an independent 18 contractor in the performance of services provided under this agreement and shall furnish 19 such services in Medical Center's own manner and methods and in no respect be considered 20 an agent or employee of City. 21 22 15. Attorneys'Fees. In the event an action is filed by either party to enforce 23 rights under this agreement, the prevailing party shall be entitled to recover reasonable 24 attorney's fees in addition to any other relief granted by the court. The costs, salary and 25 expenses of the City Attorney and members of his office in enforcing this agreement on 26 behalf of the City shall be considered as "attorney's fees" for the purposes of this 27 7 28 2000-70 1 paragraph. 2 3 16. Entire Agreement. This agreement represents the entire agreement between 4 the parties and any amendments and/or addenda shall be made in writing between the 5 arties and attached to this agreement. 6 / 7 8 9 / 10 / 11 / 12 / 13 / 14 15 16 / 17 / 18 / 19 / 20 / 21 22 23 / 24 / 25 / 26 / 27 8 28 2000-70 1 FHIRD AMENDMENT TO AGREEMENT WITH FOX OCCUPATIONAL MEDICAL 2 ENTER, RELATING TO MEDICAL SERVICES. 3 IN WITNESS WHEREOF,this third amendment to the agreement has been executed by 4 the parties effective as the date and year first above written. 5 CITY OF SAN BERNARDINO, a 6 Municipal Corporation of the State of Califo 'a 7 ATTEST: 8 BY 9 J apes,Mayor 10 City Clerk 11 Approved As to Form 12 and Legal Content. 13 Roger E. Fox Owner& Medical Director 14 Fox Occupational Medical Center 15 James F. Penman 16 City Atto y 17 BY: 18 19 20 // 21 22 23 24 25 26 27 // 9 28 2000-70 1 EXHIBIT A 2 GROUP I MEDICAL EXAMINATION 3 GROUP I: Employees in the classifications of Police and Fire Swom employees. 4 1. Personal and family health history questionnaire review. 5 2. Complete physical examination including: 6 Height Weight 7 Blood Pressure Pulse(before and after exercise) 8 Eyes (field of vision,extra ocular movements,pupils, fundi. FOR POLICE 9 SAFETY ONLY: appropriate examination for visual acuity and color recognition ability using Titmus II tester or its equivalent) 10 Ears (tympanic membrane, wax, and audio testing using an audiometer and sound proof booth) 11 Nose, mouth,throat,dental hygiene 12 Neck Chest 13 Heart Lungs 14 Abdomen&Viscera-liver,kidneys, spleen External genitalia(men)and hernia check(all) 15 Skin 16 Spine Extremities 17 Lymph nodes Nervous system 18 3. Laboratory studies: 19 Urinalysis: Sugar and Albumin 20 Hematology: Lipid Panel 21 4. Radiological Studies: Lumbar Spine X-Rays(5 views) 22 Chest X-Ray 23 5. Pre-employment Drug Screenin g- GCMS conformation on all positive screens. 24 Steroid evaluation drug screen panel (optional) 25 6. Mobility and Flexibility tests(to include Jarmar grip test.) 26 7. Standing EKG(optional- subject to other test results) 27 io 28 2000-70 1 3. Pulmonary f niction/Spirometer 2 Pre-employment TB testing 3 10. Written report of findings by physician within seven(7)working days from day of 4 the examination. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 zuuu-/u 1 GROUP II MEDICAL EXAMINATION 2 -ROUP IL• Employees for heavy labor, skilled trades, equipment operation,refuse 3 ollection, and grounds maintenance classifications. These jobs require one or more of the ollowing; lifting and/or carrying weights of more than 50 pounds; repetitive awkward 4 motions of the trunk or the back; frequent bending, squatting, climbing or prolonged 5 landing. 6 1. Personal and family health history questionnaire review. 7 2. Complete physical examination including: Height 8 Weight 9 Blood pressure Pulse before and after exercise 10 Eyes: Field of vision,extra ocular movements,pupils, lundi Ears: Tympanic membrane, wax 11 Nose, mouth, throat, dental hygiene Neck 12 Chest 13 Heart Lungs 14 Abdomen -Liver, Spleen External genitalia(men) and hernia check(all) 15 Skin 16 Spine Extremities 17 Lymph nodes Nervous system 18 (NOTE: Any abnormalities, i.e., umbilical hernia, surgical scars, etc., must be noted 19 by the physician.) 20 3. Eye test: (Corrected& Uncorrected)Near and Distant Vision,Peripheral and Color Vision. (Use of Titmus II testing equipment or its equivalent is required.) 21 4. Hearing test: Audiometric testing using a PureTone Audiometer and Soundproof 22 Booth. Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz. 23 5. Radiological studies: Two view lumbar spine x-ray 24 6. Laboratory studies: 25 Urinalysis: Sugar and Albumin 26 7. Mobility and flexibility tests (to include Jarmar Grip Test) 27 28 rz 2000-70 1 8. Pre-employment Drug and Alcohol Screening-A screening test for evidence of the 2 use of the following drugs: Marijuana,Cocaine, Opiates,Amphetamines and Phencyclidine. The following positions shall undergo pre-employment substance 3 screening: 4 Coach Operator Heavy Equipment Operator 5 Park Maintenance Worker III 6 Motor Sweeper Operator Refuse Operator I, H& III 7 Maintenance Worker II Lead Maintenance Worker 8 9 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 10 Chief Examiner. 11 10. Written report of findings by physician to the Chief Examiner within seven(7) 12 working days from day of examination. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 2000-70 1 GROUP III EXAMINATIONS 2 ROUP III: Miscellaneous classifications-light to moderate physical demands upon 3 employees: 4 1. Review of personal data and family health history questionnaire. 5 2. Proof of immunization record to examining physician with copy to be held on file 6 (Equivalent to State of California requirements upon entry to education system). Positions in this category are the Recreation Series,Food Handlers,Lifeguard 7 Series, Teacher/Director,Teacher and Teacher Aide. 8 3. Complete physical examination by physician including: 9 Height Weight 10 Blood pressure Pulse(before and after exercise) 11 Eyes: Field of vision,extra ocular movements,pupils, fundi Ears: Tympanic membrane,wax 12 Nose, mouth,throat, dental hygiene 13 Neck Chest 14 Heart Lungs 15 Abdomen - liver, spleen 16 External genitalia(men) and hernia check(all) Skin 17 Spine Extremities 18 Lymph nodes 19 Nervous system 20 (NOTE: Any abnormalities,i.e., umbilical hernia,surgical scars, etc., must be noted by the physician.) 21 4. Eye test: (Corrected&Uncorrected)Near and distant vision and color vision. (Use 22 of Titmus II testing equipment or its equivalent is required.) 23 Color vision 24 5. Hearing test: Audiometric testing using a PureTone Audiometer and soundproof booth. (Testing levels of 500, 1000,2000,3000,4000, 6000 Az). 25 26 6. Laboratory studies:Urinalysis Sugar and Albumin 27 7. T.B. test for employees involved in work in the close proximity of children. 28 14 2000-70 1 Positions in this category are the Food Handlers,Teacher/Director, Teacher, 2 Teacher Aide, Recreation series and Lifeguard series. 3 8. 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). 4 Positions in this category are the Recreation series, Food Handlers, Lifeguard series, 5 Teacher/Director, Teacher and Teacher Aide. 6 9. Written report of findings by physician to the Chief Examiner within seven(7) working days from day of examination. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is