HomeMy WebLinkAbout09 Civil ServiceCITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: H. Doug Chandler, Chief Subject: Second Amendment to
Examiner Agreement with Fox Occupational
Medical Clinic to conduct Physical
Dept: Civil Service OR I uls INA L Examinations for the City
Date: July 19, 1999
Synopsis of Previous Council Action: In July 1998, the Council approved a First
Amendment to Agreement for Fox Occupational Medical Clinic to provide
Physical Examinations for the City.
Recommended Motion: Adopt Resolution
ignature
Contact person: H Doug Chandler Phone: 50OR
Chief Examiner
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: $30,000
Source: (Acct. No.)001- 141 -5505
Council Notes:
Description) Other Rrofessional -r
e,�
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Second 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 August 1, 1999 to June 30, 2000.
Background: In FY 96 -97 RFQs were mailed out by Civil Service for medical
examinations. Fox medical Center was selected as the lowest responsible bidder. On July
15, 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. In July 1998, the Council approved the
First Amendment to the original Agreement for providing continued service from August
1, 1998 to July 31, 1999. Now this is the second amendment to agreement for Fox to
continue service for a third year from August 1, 1999 to June 30, 2000. As with all other
agreements in the past, Civil Service will mail out RFQs during the third year of the
agreement and the provider with the lowest cost to the City will be selected by the Civil
Service Board and forwarded to Council for approval. RFQs will be mailed out
March/April 2000.
The agreement consists of providing pre- employment medical screening for three groups
of employees: Group I: Safety Employees (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 is: 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.
0799
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RESOLUTION NO. 1999 -200
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF SECOND AMENDMENT TO THE AGREEMENT WITH FOX
OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City a second amendment to the agreement with Fox
Occupational Medical Center for the purpose of conducting
edical services for the City, copy of which is attached
hereto, marked Exhibit "A ", and incorporated herein by
reference as fully as though set forth at length. This
amendment is effective August 1, 1999, and terminates on June
0, 2000.
SECTION 2. This amendment shall not take affect until
fully signed and executed by all parties. The City shall not
be obligated hereunder unless and until the amendment is
fully executed and no oral agreement relating thereto shall
be implied or authorized.
SECTION 3. The authorization to execute the above
referenced amendment is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
assage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a point regullFeeting thereof, held on the 16th
ay of August 1999, by the following vote, to wit:
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1999 -200
RESOLUTION TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH
FOX OCCUPATIONAL MEDICAL CENTER RELATING TO MEDICAL SERVICES.
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
(VACANT) - 5th ward
ANDERSON _ x—
MILLER x
`CITY CLERK
The foregoing Resolution is hereby approved this %7�ay of August , 1999.
Betty Dean Anderson
Mayor Pro Tem
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
By:
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1999 -200 1
COPY
SECOND AMENDMENT TO AGREEMENT
HIS SECOND AMENDMENT TO AGREEMENT is made and entered into
t San Bernardino California, this16th day of August 1999,
y and between the CITY OF SAN BERNARDINO, a municipal
orporation hereinafter called "CITY ", and FOX OCCUPATIONAL
EDICAL CENTER, hereinafter called "Medical Center ".
The parties agree as follows:
1. Services. Upon request and referral by City,
edical Center shall conduct pre - employment physicals and
valuations and provide other medical services for City.
uch services shall include, but not be limited to, the
ollowing:
(a) providing central coordination of medical
data and information 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 "A ", attached hereto and
incorporated herein by reference;
(c) upon specific request of City, taking x -rays
and conducting other medical tests and providing City an
evaluation thereof; and
(d) providing City a summary and evaluation in
regards to exams conducted hereunder. Any such summary or
evaluation shall be in a form as permitted under California
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1999 -200 1
_"ivil Code Section 56.10 unless a document signed by the
:xaminee is received by Medical Center which authorizes the
release to the City of more extensive medical information.
2. Payment - Class I physicals - City shall pay Medical
-enter $46.00 for each person that City refers for a pre -
employment physical examination and evaluation. Said
=_ xamination shall specifically include, but not be limited
:o, the items listed on Exhibit A, except as to those items
Listed as "optional ", or for which a stated additional charge
Eollows. Any item designated as "optional" shall mean
optional at the instance of City, and City shall pay Medical
enter as follows: Steroid Evaluation Drug Screen Panel,
X18.00; Standing EKG, $25.00. Class II physicals - City
Shall pay Medical Center $81.00 for each person that City
refers for a pre - employment physical examination and
evaluation. Said physical examination shall specifically
include, but not be limited to, the items listed on Exhibit
k. For Department of Motor Vehicle License Examinations,
_"ity shall pay Medical Center $96.00, or $15.00 in addition
--o regular physical exam fee if both exams are conducted.
Class III physicals - City shall pay Medical Center $66.00
for each person that City refers for a pre - employment
physical examination and evaluation. Said physical
examination shall specifically include, but not be limited
to, the items listed on Exhibit A.
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1999 -200
3. Report and Recommendation. Following each
completed Class II and III examination a written report and
recommendation including significant findings and limitations
shall be prepared by Medical Center in the form set forth at
1(d) above and shall be forwarded to City within three days
of -completion of the examination. Class I physical
examinations shall be forwarded to City within seven days of
completion of the examination. When the report reflects
"normal" in an area of examination, the statement shall mean
that all applicable items to be reviewed or examined have
been so reviewed or examined and that no significant adverse
findings or limitations were discovered.
4. Additional Duties and Responsibilities. Medical Center
shall specifically assume the following additional duties and
responsibilities at a price to be agreed upon in advance of
such services by the parties.
(a) Appeals. In the event an unsuccessful
applicant appeals his or her rejection to the Civil Service
(Board, Medical Center shall re- examine and re- evaluate the
appellant and — provide information, in person or by
comprehensive narrative report, to the Civil Service Board
about the appellant's present medical limitations.
(b) Modifying guidelines. City may require
expert medical advice and consultation (including research
results and recommendations) on occasion for determining new,
or revising existing, medical guidelines or changes in
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11999 -200
dical procedures and examinations for future specific
Ineeds.
(c) Current employees. Medical Center shall
examine current employees with problematic medical symptoms
or conditions at City referral to determine if the employees
are physically able to safely perform their duties.
S. Billing. Medical Center shall bill City monthly
land said statement shall include the names of the persons
examined and the dates of the examinations. City will accept
charges only for those services first requested by City.
6. Equipment and Personnel. Medical Center hereby
agrees to have equipment and personnel for back -up and
emergencies to assure prompt scheduling of medical
examinations. Medical Center shall conduct any examinations
or testing within five working days of City's request for
scheduling the exams or tests. Medical Center shall
designate a competent physician or group of physicians to
perform all obligations pursuant to and in accordance with
the terms of this agreement in the event Medical Center is
temporarily unavailable to render services required. Medical
Center hereby covenants that any such physician or group of
physicians shall be competent with respect to the specific
tasks to be performed.
7. Assignment. This agreement may not be assigned by
either party hereto.
8. Hold harmless. Medical Center hereby agrees to,
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and shall hold City, its elective and appointive boards,
commissions, officers, agents and employees harmless from any
liability for damage or claims for damage for personal
injury, including death, as well as for claims for property
damage which may arise from Medical Center's operations and
activities under this agreement, whether such operations and
activities be by Medical Center or by any one or more persons
directly or indirectly employed by or acting as agent for
Medical Center. Medical Center agrees to and shall defend
City and its elective and appointive boards, commissions,
officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been
caused, by reason of any of Medical Center's operations or
acts or omissions and activities hereunder.
9. Insurance. Medical Center shall be insured by an
insurance carrier acceptable to City against loss from
public liability arising from any operation or activity of
the Medical Center or employees in connection with the
performance of this agreement. Minimum coverage shall be
one million dollars combined single limit liability, to
include medical malpractice insurance. A copy of the policy
of insurance shall be filed with the Risk Management
Division of City and shall name the City of San Bernardino
as an additional insured. Said policy shall specify that the
policy may not be terminated, altered or cancelled
without thirty (30) days prior written notice to the City by
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11999 -200
the insurance company.
10. Workers' compensation. Medical Center's employees
shall be covered by workers' compensation insurance in an
amount and form to meet all applicable requirements of the
Labor Code of the State of California and which specifically
covers all persons providing services on behalf of Medical
Center and all risks to such persons under this agreement.
11. Term.This amendment to the agreement shall be
effective as of the date of execution by City, and shall
terminate June 30, 2000.
12. Right of Termination. City and Medical Center
shall have the right to terminate this agreement at any time
by the giving of thirty days advance written notice to the
other party.
13. Notices. All notices hereunder shall be by
certified mail, postage prepaid, addressed as follows:
Civil Service Department
Chief Examiner
300 N. "D" Street
San Bernardino, CA 92418
Fox Occupational
Medical Center
Suite 130
1375 Camino Real
San Bernardino, CA 92408
13. Independent Contractor. Medical Center shall act
as an independent contractor in the performance of services
provided under this agreement and shall furnish such
services in Medical Center's own manner and methods and in
no respect be considered an agent or employee of City.
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1999 -200
15. Entire Agreement. This agreement represents the
entire agreement between the parties and any amendments
and /or addenda shall be made in writing between the parties
and attached to this agreement.
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COND AMENDMENT TO AGREEMENT WITH FOX OCCUPATIONAL MEDICAL
NTER RELATING TO MEDICAL SERVICES.
IN WITNESS WHEREOF, this second amendment to the agreement
has been executed by the parties effective as the date and
vear first above written.
.TTEST:
7 (�'' �
City \Cler
Approved As to Form
and Legal Content.
James F. Penman
City Attorney
BY:
s
CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
Betty Dean Anderson
Mayor Pro Tem
Roger E. Fox
Owner & Medical Director
Fox Occupational Medical
Center
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1999 -200
GROUP I MEDICAL EXAMINATION
EXHIBIT A
3ROUP I: Employees in the classifications of Police and Fire
Sworn employees.
L. Personal and family health history questionnaire
review.
?. Complete physical examination including:
Height
Weight
Blood Pressure
Pulse (before and after exercise)
Eyes (field of vision, extra ocular movements, pupils,
fundi. FOR POLICE SAFETY ONLY: appropriate examination
for visual acuity and color recognition ability using
Titmus II tester or its equivalent)
Ears (tympanic membrane, wax, and audio testing using
an audiometer and sound proof booth)
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen & Viscera - liver, kidneys, spleen
External genitalia (men) and hernia check (all)
Skin
Spine
Extremities
Lymph nodes
Nervous system
3. Laboratory studies:
Urinalysis: Sugar and Albumin
Hematology: Lipid Panel
1. Radiological Studies:
Lumbar Spine X -Rays (5 views)
Chest X -Ray
D. Pre - employment Drug Screening - GCMS conformation on
all positive screens. Steroid evaluation drug screen
panel (optional)
5. Mobility and Flexibility tests (to include Jarmar grip
test.)
Standing EKG (optional - subject to other test results)
Pulmonary function /Spirometer
�. Pre - employment TB testing
All
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10. Written report of findings by physician within seven
(7) working days from day of the examination.
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2 GROUP II: Employees for heavy labor, skilled trades,
equipment operation, refuse collection, and grounds
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 trunk or
the back; frequent bending, squatting, climbing or prolonged
standing.
111999 -200 i
GROUP II MEDICAL EXAMINATION
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�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
Ears: Tympanic membrane, wax
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen - Liver, Spleen
External genitalia (men) and hernia check (all)
Skin
Spine
Extremities
Lymph nodes
Nervous system
(NOTE: Any abnormalities, i.e., umbilical hernia, surgical
scars, etc., must be noted by the physician.)
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 of
500, 1000, 2000, 3000, 4000, 6000 Hz.
�. Radiological studies: Two view lumbar spine x -ray
S. Laboratory studies:
Urinalysis: Sugar and Albumin
7. Mobility and flexibility tests (to include Jarmar Grip
Test)
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1999 -200
3. 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:
Coach Operator
Heavy Equipment Operator
Park Maintenance Worker III
Motor Sweeper Operator
Refuse Operator I, II & III
Maintenance Worker II
Lead Maintenance Worker
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
Chief Examiner.
L0. Written report of findings by physician to the Chief
Examiner within seven (7) working days from day of
examination.
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I1999 -200 I
GROUP III EXAMINATIONS
3ROUP III: Miscellaneous classifications - light to
moderate physical demands upon employees:
1. Review of personal data and family health history
questionnaire.
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.
3. Complete physical examination by physician including:
Height
Weight
Blood pressure
Pulse (before and after exercise)
Eyes: Field of vision, extra ocular movements, pupils,
f undi
Ears: Tympanic membrane, wax
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen - liver, spleen
External genitalia (men) and hernia check (all)
Skin
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.)
Color vision
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
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7. T.B. test for employees involved in work in the close
proximity of children. Positions in this category are
the Food Handlers, Teacher /Director, Teacher, Teacher
Aide, Recreation series and Lifeguard series.
3. 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.
Written report of findings by physician to the Chief
Examiner within seven (7) working days from day of
examination.
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C I T Y O F
an i)ernardino
a
R A C H E L C L A R K
C I T Y C L E R K
August 18, 1999
Mr. Roger Fox
Fox Occupational Medical Center
1375 Camino Real, Suite 4130
San Bernardino, CA 92408
Dear Mr. Fox:
At the Mayor and Common Council meeting of August 16, 1999, the City of San
Bernardino adopted Resolution 1999 -200 approving a 2 "d amendment to an agreement
for medical services.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return
the original agreement to the City Clerk's Office, ATTN: Melanie Miller, P. O. Box
1318, San Bernardino, CA, 92418 as soon as possible.
Please retain a copy of the executed document for your files.
Please be aware that the documents are null and void if not executed within sixty (60)
days -- October 15, 1999:
If you have any questions, please do not hesitate to contact me at (909) 384 -5002.
Sincerely,
Melanie Miller
Senior Secretary
P. O. B O X 1 3 1 8, S A N B E R N A R D 1 N 0, C A 9 2 4 0 2
3 0 0 N O R T H 0' S T R E E T S A N 8 E R N A R D I N 0.
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4- S 0 0 2
( 9 0 9) 3 8 4 - 5 1 0 2 F A X -( 9 0 9) 3 8 4- 5 1 5 8
T 0 D/ T T Y -( 9 0 9) 3 8 4- 5 5 4 0