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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