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HomeMy WebLinkAbout32- Civil Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION =rom:H. Doug Chand.E'en. Subject: Agtceement with San BetcnaAdino Induist,%iat ^h.ieb Exam.inetc �Q[PV Medicat C.?i.nic to pxovide medicat �s envice 3 C,i.vit'.. SeAvice bon City -)ate: August 7, 1996 iynopsis of Previous Council action: On Ju.E'y 10, 1996, the Counc it apptcoved an agtceement (Re�sotution 95-233) bon San Betcnatcdino Indu.6tAiat Medicat Ctinic to conduct ptce-emp.t?oyment phys.icat examinati.ow botc the City. 3ecommended motion: 4dopt Rez otut,.on / n Signature :ontact person: H. Doug ChandP_Ph Phone: 5008 Supporting data attached: Ward: =UNDING REQUIREMENTS: Amount: Source: Finance• �, _ 1 Notes: Previously � ���9 6 w Previously Continued to -5-0262 Agenda Item No. ��� — CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT San Bernardino Industrial Medical Clinic's agreement with the City to provide physical examinations for the City has been in effect since January 1, 1994. The agreement covering the period August 1, 1996 through July 31, 1997, for San Bernardino Industrial Medical Clinic to provide physical examinations for the City is attached. This agreement represents no increase in cost to the City. x-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL 3 CLINIC, RELATING TO MEDICAL SERVICES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said 8 City an agreement with San Bernardino Industrial Medical 9 Clinic for the purpose of conducting medical services for the 10 City, copy of which is attached hereto, marked Exhibit "A", 11 and incorporated herein by reference as fully as though set 12 forth at length. This agreement is effective August 1, 1996 13 and terminates on July 31, 1997. 14 SECTION 2. This agreement shall not take affect until 15 fully signed and executed by all parties. The City shall not 16 be obligated hereunder unless and until the Agreement is fully 17 executed and no oral agreement relating thereto shall be 18 implied or authorized. 19 SECTION 3. The authorization to execute the above 20 referenced agreement is rescinded if the parties to the 21 agreement fail to execute it within sixty (60) days of the 22 passage of this resolution. 23 I HEREBY CERTIFY that the foregoing resolution was duly 24 adopted by the Mayor and Common Council of the City of San 25 Bernardino at a meeting thereof, held on the 26 day of , 1996, by the following vote, to wit: 27 28 // 1 RESOLUTION TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO 2 INDUSTRIAL MEDICAL CLINIC RELATING TO MEDICAL SERVICES. 3 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 4 NEGRETE 5 CURLIN 6 ARIAS 7 OBERHELMAN 8 DEVLIN 9 ANDERSON 10 MILLER 11 12 CITY CLERK 13 14 The foregoing resolution is hereby approved this 15 day of , 1996. 16 17 18 Tom Minor, Mayor 19 City of San Bernardino 20 Approved as to 21 form and legal content: 22 JAMES F. PENMAN 23 City Attorney 24 25 26 27 28 2 1 EXHIBIT A 2 AGREEMENT 3 THIS AGREEMENT is made and entered into at San Bernardino 4 California, this day of , 1996, by and 5 between the CITY OF SAN BERNARDINO, a municipal corporation 6 hereinafter called "CITY", and SAN BERNARDINO INDUSTRIAL 7 MEDICAL CLINIC, hereinafter called "Medical Clinic" . 8 The parties agree as follows: 9 1. Services. Upon request and referral by City, 10 Medical Clinic shall conduct pre-employment physicals and 11 evaluations and provide other medical services for City. Such 12 services shall include, but not be limited to, the following: 13 (a) providing central coordination of medical data 14 and information related to pre-employment physicals and 15 evaluations for City; 16 (b) obtaining the medical history of and personally 17 examining and reviewing all medical tests pertaining to 18 persons referred by City in accordance with the specifics set 19 forth in Exhibit "A", attached hereto and incorporated herein 20 by reference; 21 (c) upon specific request of City, taking x-rays 22 and conducting other medical tests and providing City an 23 evaluation thereof; and 24 (d) providing City a summary and evaluation in 25 regards to exams conducted hereunder. Any such summary or 26 evaluation shall be in a form as permitted under California 27 Civil Code Section 56. 10 unless a document signed by the 28 1 examinee is received by Medical Clinic which authorizes the 2 release to the City of more extensive medical information. 3 2. Payment - Class II and III physicals. City shall 4 pay Physician $30.00 for each person that City refers for a 5 pre-employment physical examination and evaluation. Said 6 physical examination shall specifically include, but not be 7 limited to, the items listed on Exhibit A, except as to those 8 items listed as "optional" , or for which a stated additional 9 charge follows. Any item designated as "optional" shall mean 10 optional at the instance of City, and City shall pay Medical 11 Clinic for such optional services as may be required by the 12 City as follows: Department of Motor Vehicle license exam, 13 $30. 00 in addition to regular physical exam fee if both exams 14 are conducted; three view back x-ray, $30. 00; chest x-ray, 15 $25.00; flexibility and mobility tests, $15. 00; chemical panel 16 (LDH, SGOT, Bilirubin) $23 .00; tuberculin skin tests, $10. 00; 17 electrocardiogram, $25. 00; drug screening for general abuse 18 drugs, $31. 00. Class I physicals - City shall pay Medical 19 Clinic $180.00 for each person that City refers for a pre- 20 employment physical examination and evaluation. Said 21 examination shall specifically include, but not limited to, 22 the items listed on Exhibit A, except as to those items listed 23 as "optional", or for which a stated additional charge 24 follows. Any item designated as "optional" shall mean 25 optional at the instance of City, and City shall pay Medical 26 Clinic as follows: Steroid Evaluation Drug Screen Panel, 27 $150.00; Standing EKG, $20. 00. 28 2 1 3 . Report and Recommendation. Following each 2 completed Class II and III examination a written report and 3 recommendation including significant findings and limitations 4 shall be prepared by Medical Clinic in the form set forth at 5 1(d) above and shall be forwarded to City within three days of 6 completion of the examination. Class I physical examinations 7 shall be forwarded to City within seven days of completion of 8 the examination. When the report reflects "normal" in an area 9 of examination, the statement shall mean that all applicable 10 items to be reviewed or examined have been so reviewed or 11 examined and that no significant adverse findings or 12 limitations were discovered. 13 4. Additional Duties and Responsibilities. Medical Clinic 14 shall specifically assume the following additional duties and 15 responsibilities at a price to be agreed upon in advance of 16 such services by the parties. 17 (a) Appeals. In the event an unsuccessful 18 applicant appeals his or her rejection to the Civil Service 19 Board, Medical Clinic shall re-examine and re-evaluate the 20 appellant and provide information, in person or by 21 comprehensive narrative report, to the Civil Service Board 22 about the appellant's present medical limitations. 23 (b) Modifying guidelines. City may require expert 24 medical advice and consultation (including research results 25 and recommendations) on occasion for determining new, or 26 27 3 28 1 revising existing, medical guidelines or changes in medical 2 procedures and examinations for future specific needs. 3 (c) Current employees. Medical Clinic shall 4 examine current employees with problematic medical symptoms or 5 conditions at City referral to determine if the employees are 6 physically able to safely perform their duties. 7 8 5. Billing. Medical Clinic shall bill City monthly and 9 said statement shall include the names of the persons examined 10 and the dates of the examinations. City will accept charges 11 only for those services first requested by City. 12 6. Equipment and Personnel. Medical Clinic hereby 13 agrees to have equipment and personnel for back-up and 14 emergencies to assure prompt scheduling of medical 15 examinations. Medical Clinic shall conduct any examinations 16 or testing within five working days of City's request for 17 scheduling the exams or tests. Medical Clinic shall designate 18 a competent physician or group of physicians to perform all 19 obligations pursuant to and in accordance with the terms of 20 this agreement in the event Physician is temporarily 21 unavailable to render services required. Medical Clinic 22 hereby covenants that any such physician or group of 23 physicians shall be competent with respect to the specific 24 tasks to be performed. 25 7• Assignment. This agreement may not be assigned by 26 either party hereto. 27 28 4 1 8. Hold harmless. Medical Clinic hereby agrees to, and 2 shall hold City, its elective and appointive boards, 3 commissions, officers, agents and employees harmless from any 4 liability for damage or claims for damage for personal injury, 5 including death, as well as for claims for property damage 6 which may arise from Medical Clinic's operations and 7 activities under this agreement, whether such operations and 8 activities be by Medical Clinic or by any one or more persons 9 directly or indirectly employed by or acting as agent for 10 Medical Clinic. Medical Clinic agrees to and shall defend 11 City and its elective and appointive boards, commissions, 12 officers, agents and employees from any suits or actions at 13 law or in equity for damages caused, or alleged to have been 14 caused, by reason of any of Medical Clinic's operations or 15 acts or omissions and activities hereunder. 16 9. Insurance. Medical Clinic shall be insured by an 17 insurance carrier acceptable to City against loss from public 18 liability arising from any operation or activity of the 19 Medical Clinic or employees in connection with the performance 20 of this agreement. Minimum coverage shall be one million 21 dollars combined single limit liability, to include medical 22 malpractice insurance. A copy of the policy of insurance 23 shall be filed with the Risk Management Division of City and 24 shall name the City of San Bernardino as an additional 25 insured. Said policy shall specify that the policy may not be 26 terminated, altered or cancelled without thirty (30) days 27 prior written notice to the City by the insurance company. 28 5 1 10. Workers' compensation. Medical Clinic's employees 2 shall be covered by workers' compensation insurance in an 3 amount and form to meet all applicable requirements of the 4 Labor Code of the State of California and which specifically 5 covers all persons providing services on behalf of Medical 6 Clinic and all risks to such persons under this agreement. 7 11. Term. This agreement shall be effective as of 8 the date of execution by City, and shall terminate July 31, 9 1997. 10 12 . Right of Termination. City and Medical Clinic shall 11 have the right to terminate this agreement at any time by the 12 giving of thirty days advance written notice to the other 13 party. 14 13. Notices. All notices hereunder shall be by 15 certified mail, postage prepaid, addressed as follows: 16 Civil Service Department San Bernardino Chief Examiner Industrial Medical 17 300 N. "D" Street Clinic - Suite 108 San Bernardino, CA 92418 599 Inland Center Dr. 18 San Bernardino, CA 92408 19 14. Independent Contractor. Medical Clinic shall act as 20 an independent contractor in the performance of services 21 provided under this agreement and shall furnish such services 22 in Medical Clinic's own manner and methods and in no respect 23 be considered an agent or employee of City. 24 15. Entire Agreement. This agreement represents the 25 entire agreement between the parties and any amendments and/or 26 addenda shall be made in writing between the parties and 27 attached to this agreement. 28 6 1 AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL CLINIC, 2 RELATING TO MEDICAL SERVICES. 3 IN WITNESS WHEREOF, this agreement has been executed by 4 the parties effective as the date and year first above 5 written. 6 CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California 8 ATTEST: BY 9 Tom Minor, Mayor 10 City Clerk 11 Approved As to Form 12 and Legal Content. Dr. Seymour Rosenblum 13 Primary Officer San Bernardino Industrial 14 Medical Clinic James F. Penman 15 City ttorney 16 17 BY: ; 18 19 20 21 22 23 24 25 26 27 28 7 1 GROUP I MEDICAL EXAMINATION EXHIBIT A 2 GROUP I: Employees in the classifications of Police and Fire Sworn employees and Police and Fire Dispatchers. 3 1. Personal and family health history questionnaire review. 4 2. Complete physical examination including: 5 Height Weight 6 Blood Pressure Pulse (before and after exercise) 7 Eyes (field of vision, extra ocular movements, pupils, fundi) 8 Ears: tympanic membrane, wax Nose, mouth, throat, dental hygiene 9 Neck Chest 10 Heart Lungs 11 Abdomen & Viscera - liver, kidneys, spleen External genitalia (men) and hernia check (all) 12 Skin Spine 13 Extremities Lymph nodes 14 Nervous system 15 3 . Laboratory studies: Urinalysis: Sugar and Albumin 16 Hematology: Lipid Panel 17 4. Radiological Studies: Lumbar Spine X-Rays (Sworn employees - 5 views) 18 Chest X-Ray (Dispatchers-ONLY with history of smoking) 19 5. _ Drug Screening for general abuse of drugs - GCMS confirmation on all positive screens. Steroid Evaluation 20 Drug Panel (Sworn employees - optional) 21 6. Mobility and Flexibility tests (includes grip strength, drawer sign, etc. ) 22 7. Treadmill EKG where history or other tests suggest 23 Problems (optional) Standing EKG (Sworn employees only. Optional subject to 24 other test results. ) 25 8. Pre-Employment TB testing 26 9. Written report of findings by physician within seven days of completion of the examination. 27 28 I GROUP II MEDICAL EXAMINATION 2 GROUP II: Employees for heavy labor, skilled trades, equipment 3 operation, refuse collection, and grounds maintenance classifications. These jobs require one or more of the 4 following; lifting and/or carrying weights of more than 50 pounds; repetitive awkward motions of the trunk or the back; 5 frequent bending, squatting, climbing or prolonged standing. 6 1. Personal and family health history questionnaire review. 7 2 . Complete physical examination including: Height 8 Weight Blood pressure 9 Pulse before and after exercise Eyes: Field of vision, extra ocular movements, pupils, 1 fundi 0 Ears: Tympanic membrane, wax 11 Nose, mouth, throat, dental hygiene Neck 12 Chest Heart 13 Lungs Abdomen -Liver, Spleen 14 External genitalia (men) and hernia check (all) Skin 15 Spine Extremities 16 Lymph nodes Nervous system 17 (NOTE: Any abnormalities, i.e. , umbilical hernia, surgical scars, etc. , must be noted by the physician. ) 18 3. Eye test: (Corrected & Uncorrected) Near and Distant 19 Vision, Peripheral and Color Vision. (Use of Titmus II testing equipment or its equivalent is required. ) 20 4 . Hearing test: Audiometric testing using a PureTone 21 Audiometer and Soundproof Booth. Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz. 22 5. Radiological studies: Two view lumbar spine x-ray 23 6. Laboratory studies: 24 Urinalysis: Sugar and Albumin 25 7. Mobility and flexibility tests (to include Jarmar Grip Test) 26 27 28 1 8. Pre-employment Drug and Alcohol Screening - A screening test for evidence of the use of the following drugs: 2 Marijuana, cocaine, Opiates, Amphetamines and Phencyclidine. The following positions shall undergo pre- 3 employment substance screening: 4 Coach Operator Heavy Equipment Operator 5 Park Maintenance Worker III Motor Sweeper Operator 6 Refuse Operator I, II & III Maintenance Worker II 7 Lead Maintenance Worker 8 9. DMV Exam - Conducted using the specific instructions provided by DMV Form DL-51 for each category and any 9 deviation will be reported by the Physician to the Chief Examiner. 10 10. Written report of findings by physician to the Chief 11 Examiner within seven (7) working days from day of examination. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 GROUP III EXAMINATIONS 2 GROUP III: Miscellaneous classifications - light to moderate 3 physical demands upon employees: 1. Review of personal data and family health history 4 questionnaire. 5 2 . Proof of immunization record to examining physician with copy to be held on file (Equivalent to State of 6 California requirements upon entry to education system) . Positions in this category are the Recreation Series, 7 Food Handlers, Lifeguard 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 12 Ears: Tympanic membrane, wax Nose, mouth, throat, dental hygiene 13 Neck Chest 14 Heart Lungs 15 Abdomen - liver, spleen External genitalia (men) and hernia check (all) 16 Skin Spine 17 Extremities Lymph nodes 18 Nervous system 19 (NOTE: Any abnormalities, i.e. , umbilical hernia, surgical 20 scars, etc. , must be noted by the physician. ) 21 4. Eye test: (Corrected & Uncorrected) Near and distant vision and color vision. (Use of Titmus II testing equipment or its equivalent is required. ) Color vision 23 5. Hearing test: Audiometric testing using a PureTone 24 Audiometer and soundproof booth. (Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz) . 25 6. Laboratory studies: Urinalysis Sugar and Albumin 26 7. T.B. test for employees involved in work in the close 27 proximity of children. Positions in this category are the Food Handlers, Teacher/Director, Teacher, Teacher 28 Aide, Recreation series and Lifeguard series. 1 8. Proof of immunization record to examining physician with copy to be held on file (Equivalent to State of 2 California requirements upon entry to education system) . Positions in this category are the Recreation series, 3 Food Handlers, Lifeguard series, Teacher/Director, Teacher and Teacher Aide. 4 9. Written report of findings by physician to the Chief 5 Examiner within seven (7) working days from day of examination. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 PRE-EMPLOYMENT MEDICAL EXAMINATION FOR 2 EMPLOYEES IN THE POLICE AND 3 FIRE SAFETY CLASSIFICATIONS 4 1. Personal and family health history questionnaire review. 2. Complete physical examination including: 5 Height Weight 6 Blood Pressure Pulse (before and after exercise) 7 Eyes (field of vision, extra ocular movements, pupils, fundi. FOR POLICE SAFETY ONLY: appropriate examination 8 for visual acuity and color recognition ability using Titmus II tester or its equivalent) 9 Ears (tympanic membrane, wax, and audio testing using an audiometer and sound proof booth) 10 Nose, mouth, throat, dental hygiene Neck 11 Chest Heart 12 Lungs Abdomen & Viscera - liver, kidneys, spleen 13 External genitalia (men) and hernia check (all) Skin 14 Spine Extremities 15 Lymph nodes 16 Nervous system 3. Laboratory studies: 17 Urinalysis: Sugar and Albumin 18 Hematology: Lipid Panel 4. Radiological Studies: 19 Lumbar Spine X-Rays (5 views) 20 Chest X-Ray 5. Pre-employment Drug Screening - GCMS conformation on all 21 positive screens. 22 Steroid evaluation drug screen panel (optional) 6. Mobility and Flexibility tests (to include Jarmar grip 23 test. ) 24 7. Standing EKG (optional - subject to other test results) 25 s. Pulmonary function/Spirometer 26 9. Pre-employment TB testing 27 10. Written report of findings by physician within seven (7) 28 working days from day of the examination.