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HomeMy WebLinkAbout01/29/1990 Kevin McDermott, Chair Patricia DeMond Ken Peterson Staff: John Stinson AGENDA BUDGET AND FINANCE COMMITTEE Monday, January 29, 1990 12:00 Noon City Manager's Conference Room 1. City Physician 2. Contract Procedures MEMO R A N D U M January 29, 1990 TO: BUDGET AND FINANCE ~OMMI1-FEE FROM: JOHN W STI · NSON, ASSISTANT TO THE CITY MANAGER SUBJECT: ORDINANCE ADDING FORMAL CONTRACT PROCEDURE FOR CONTRACTS NOT INVOLVING THE PURCHASE OF GOODS As a result of a recent review by staff of City practices and procedures regarding the approval and execution of City contracts, recent changes to the City Charter and Municipal Code regarding purchasing regulations and recent experience in litigation, the attached Ordinance is proposed. The purpose of the Ordinance is to clarify the City's contracting policies and procedu'res, particularly for those contracts not involving the purchase of goods (i.e. service contracts). The Ordinance requires that all contracts not involving'the purchase of goods be set forth in writing, approved as to form by the. City Attorney, and signed by the Mayor, a City department head, the Finance Director and filed with the City Clerk. Such contracts of $20,000 or more must be authorized by the City Council. This is consistent with our new ordinance regarding the purchasing of goods. Contracts not involving the purchase of goods may be amended in writing if signed by all original signatories. Such contracts which required City Council authorization {$20,000 or over} except public works contracts, must be amended by Council action. For public works contracts not involving the purchase of goods, amendments must be by Council action unless each individual change order does not exceed $10,000 and the cumulative amount of change orders for that contract do not exceed 25% of the original contract amount. JWS.alb Attachment cc: Honorable Mayor and City Councilmembers J. Dale Hawley, City Manager FORMAL CONTRACT PROCEEOURE - CONTRACTS NOT INVOLVING THE PURCHASE OF GOODS CITY OF BAKERSFIELD FOLLOW GUIOELINES FOR PURCHASING OF GOODS NEEDS CITY COUNCIL OOES THE CONTRACT . AUTHORIZATION RNO ! . INVOLVE THE REOUIREO pURCHRSE OF GO00S? SIGNATURES* ' ~ / NO FN OOES OROER tHRNGE · FOLLOVI PROCEEOURE EEOS CITY COUNCIL EXCEEO $10,000 OR FOR CONTRACTS NOT I' AUTHORIZATION ANO DOES CUMULATIVE INVOLVING PURCHASE ! REOUIREO AMOUNT EXCEEO ~5% OF GO00S / SIGNATURES* OF ORIGINAL CONTRACT AMOUNT? ~' · '~ / NO IS THE CONTRACT IS IT R PUBLIC NEEDS REOUIREO · AMOUNT $~0,000 OR RMENOI ENT )/OAKS CONTRACT? SIGNATURES* MORE? I EEDS CITY COUNCIL NEEDS REOUIRED m RUTHORIZRTION AND SIGNATURES* ! REOUIRED ,SIGNRTURES* DRAFT ORDINANCE NO. NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD 'ADDING SECTION 3 20 105 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO FORMAL COI~CT PROCEDURE FOR CON~CTS NO~ II~OLVING ~ PURCI'~SE OF GOODS. BE IT ORDAINED by the Council of the City of Bakersfield as follows- SECTION 1. Section 3.20.105 is hereby added to the Bakersfieid Municipal Code to read as follows: 3.20.105 Formal contract procedure - Contracts not involving the purchase of goods. ' A. All contracts not involving the purchase of goods shal1 be set forth in writing approved as to form by the City Attorney, signed by the Mayor, a City department head, the Finance Director and filed with the .City Clerk. B. Ail such contracts under which the City is obligated to pay $20,000.00 or more, whether or not such amounts will'Be paid. or reimbursed by a third party, shall be authorized only by the City Council. Such contracts shall also require the signatures set forth in subsection A. of this section. C. Amendments. 1 No contract subject to the provisions of this section may be amended or otherwise modified unless the terms of such amendment are set forth in writing and signed on behalf of 'eaCh party. ~No contract requiring City Council authorization, except for public works contracts, may Be amended, except By council action. 2. Each.amendment to a public works contract~ (change order) not exceeding an amount of $10,000.00 and which, together with all other previously approved change orders for that contract, does not exceed twenty-five percent (25%) of ~the original contract amount, need not be authorized by the City ~Council but shall require the signatures set forth in subsection A. of this section, regardless of whether the City's obligation under the original contract was for $20,000.00 or more. All other change orders shall be authorized only by the City Council. D. The City of Bakersfield shall not be bound by any representation of any officer,.employee or agent of the City which would serve to create or-amend a contract unless and until such representation has been set forth in writing and approved and signed as set forth in this section. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. o0o - 2 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: .~ CITY CLERK and Ex Officio Clerk of the Council of the City of.Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield LCM/meg CONTRACT.1 1/29/90 - 3 - MEMORANDUM January 29, 1990 TO: BUDGET AND FINANCE COMMITTEE Councilmember Kevin McDermott, Chair Councilmember Patricia DeMond Councilmember Ken Peterson FROM: J. DALE HAWLEY, CITY MANAGER ~ · SUBJECT: CITY PHYSICIAN CONTRACT As I indicated in my report to the City Council on January 8, 1990, it is my recommendation that, during August or September, the City request proposals from physicians who would perform pre-employment, fitness and industrial injury services. Upon receipt of the proposals, we should obtain the assistance of an expert in the field of industrial medicine to review the information submitted, inspect the facilities and evaluate the qualifications of the physicians and staff. Due to the projects currently underway in the Personnel Division, I recommend that we postpone the City Physician evaluation until August or September of this year. I agree with the three suggestions that were presented to the Council on January 24th by Valley Industrial Medical Group. JDH.alb Attachments cc: Honorable Mayor and City Councilmembers MEMORANDUM January 26, 1990 TO: BUDGET & FINANCE COMMITTEE FROM: SUE WHITFIELD, PERSONNEL MANAGER SUBJECT: CITY PHYSICIAN CONTRACT BACKGROUND The City of Bakersfield signed an agreement with San Joaquin Industrial Medicine Associates in February 1987. Dr. Willard B. Christiansen is the facility's Medical Director. The Agreement between the City and San Joaquin Industrial Medicine Associates is automatically renewable on February 1st of each year, with a 60-day termination clause by either party. The services provided by the City's physician include: Pre-employment physicals Drug screening Fitness for Duty physicals Driver's License physicals Hepatitis B Inoculations for Fire Fighters Worker's Compensation Treatment Serves as Expert Medical Witness for Attorney's Office and the three Civil Service Boards regarding Medical Appeals For'the calendar year January 1, 1989 through December 31, 1989 the City paid San Joaquin Industrial Medicine Associates $71,233 for pre-employment physicals, drug screenings, fitness-for-duty physicals, driver's license physicals, and Hepatitis B inoculations;~ $46,515 for workers' compensation treatment; and $10,675 in fees for the City physician's costs in regard to liability claims; for an approximate total of $128,423. The · Division of Industrial Accidents reviews and adjusts the City Physician's bills for the treatment of injuries relating to Workers' Compensation. Exhibit A is a chart showing the City's Workers' Compensation injuries for the past five fiscal years. Other bills are paid based upon a fee schedule approved in the City's contract with San Joaquin Industrial Medicine Associates. (Exhibit B is the contract and fee schedule) Most lab work and tests are completed locally. The exception is Drug Testing. The Federal Government has designated that those laboratories which are certified by the National Institute of Drug Abuse (NIDA) are the laboratories that meet the standards by which drug testing should be completed. There are only 6 NIDA Certified Laboratories in California at this time. None are located in Bakersfield. Laboratory Specialists, Inc., the laboratory used by Dr. 'Christiansen, is NIDA certified. Budget & Finance Committee January 26, 1990 Page 2 CONSIDERATIONS The City Physician gets involved in a myriad of services. The total services are a great deal more than pre-employment physicals, or assessment and treatment of on the job injuries. Regarding a new City Physician, these are some of the areas the Council may want to consider: 1) Some medical facilities use Physicians Assistants rather than medical doctors. Exhibit C lists the medical doctors and Exhibit D lists the professional and administrative staff provided under the current contract with the City Physician. 2) The City needs a physician who is able to write comprehensive, logical and concise reports. In this regard, the Attorney's Office regularly requests reports from the City Physician to be used in litigation issues. In addition, the City Physician's reports are also used for the three Civil Service Boards for review whenever a medical appeal is heard. 3) Due to the nature of the work schedule of City employees, emergencies may arise at any time, which require the assistance of a physician. The current City Physician receives calls on a 24-hour basis. ' He refers after hour routine calls to the emergency room, and personally responds to all cases of an emergency nature. 4) The type of medical issues that exist in a city the size of Bakersfield are varied. They may include toxic and pesticide exposures, disability evaluation, industrial and occupational injuries, and drug testing. To address the needs of City employees, it is necessary that the City Physician have a background in these areas. 5) The City Physician should have good interpersonal skills and have the ability to relate well with department heads and management. 6) Finally, the accessibility of the physician to City Staff is important. On a regular basis, Management Staff may consult with the City Physician regarding such medical issues, as light duty assignments, work restrictions, or medical problems that may impact the employee's ability to perform the job. Budget & Finance Committee January 26, 1990 Page 3 STATUS At this point, three medical facilities have verbally expressed an interest in providing services to the City. They are: Bakersfield Family Medical Center Dr. Michael Davies Medical Director 4580 California Avenue, Suite 100 Bakersfield, CA 93309 (805) 327-4411 Medi-Center of Bakersfield, Inc. Mr. Steve Laird Director of Marketing/Industrial Relations 820 - 34th Street Bakersfield, CA 9330'1 (805) 325-6334 Valley Industrial Medical Group Dr. Larry M. Cho Medical Director 2501 "G" Street Bakersfield, CA 93301 (805) 327-2225 The representatives from each facility mentioned above, as well as the current City Physician, are available to meet with the Budget & Finance Committee, if the Committee desires. RECOMMENDATION At this time we would prefer not to change the City Physician. It appears our employees are satisfied with the medical services offered by Dr. Christiansen. In addition, the cost to the City has remained the same as outlined in the fee schedule agreed to in 1987. Currently, a number of projects are being handled simultaneously. We are reviewing the health care issue, and will be selecting a medical consultant to work with staff; we are in the process of reviewing pre-paid dental proposals; we are preparing information for the budget; and negotiations with the Police Unit have just started. Our plan is in August or September 1990 to have a medical doctor, with an expertise in industrial medicine, evaluate proposals from interested providers and make a recommendation to staff. It should be noted that it will take approximately three months to conduct a comprehensive review and evaluation of medical facilities. 4:CPC cc: J. Dale Hawley, City Manager EXHIBIT A WORKERS' COMPENSATION INJURIES FISCAL YEARS: 1988-89 through 1984-85 FISCAL YEAR 1988-89 1987-88 1986-87 1985-86 1984-85 WORKERS' COMPENSATION CLAIMS 216 201 196 195 206 LOST DAYS 887 1,522 1,855 1,033 1,912 TOTAL PAID $854,127 $828,062 $797,145 $733,411 $736,404 4:WCI AGREEMENT NO. 87-9 CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 14th day of January 198 7, between the CITY OF BAKERSFIELD, a municipal corporation (CITY), and San Joaquin Industrial Medicine Associates, an association of physician related services operating under the laws ~of the State of California, (SJIMA). RECITALS WHEREAS, the City of Bakersfield desires pre-employment physicals for employees, fitness for duty physicals, and workers compensation treatment as well as other miscellaneous medical and risk management services; and, WHEREAS, SJIMA is a group of physicians and staff personnel experienced in providing physical examinations and other related work to employers; and, WHEREAS, SJIMA . has submitted a fee schedule for the type of work desired by the City; THEREFORE, City and SJIMA mutually agree as follows: .AGREEMENT 1. SCOPE OF WORK: SJIMA agrees to provide, and the City agrees to utilize, the services of the physicians and staff of SJI~A to perform pre-employment physicals, fitness for duty physicals, workers compensation treatment, and other medical work as agreed in writing between the parties and according to the attached fee schedule, Exhibit "A", and the attached occupational groupings, Exhibits. "B", "C.", "D", "E", "F", and "G" except workers compensation. A list of SJI~A physicians and staff is attached as Exhibit "H". Changes to staff or physicians listed in Exhibit "H" shall be forwarded to the City within 30 days. SJIMA agrees to provide the listed services to the City on a priority basis for City employees-and management. 2. COMPENSATION: Compensation to SJIMA for services 'rendered under this contract shall consist of payment of the fees as set forth in Exhibit "A" hereto except workers compensation. 3. PAYMENT: SJIMA shall sUbmit detailed invoices for services provided to City for City review and approval. SJIMA shall be paid by the City for services rendered after submission and approval of said invoices within 45 days. --1-- 4. TERM: This agreement shall continue for a period of one year commencing February 1, 1987, and shall automatically renew on an annual basis unless otherwise terminated. Either party may terminate this agreement upon 60 days written notice. 5. CHOICE OF HOSPITAL: Bakersfield Memorial Hospital will be used by the parties to this agreement whenever reasonably possible. The emergency room services at Bakersfield Memorial Hospital shall be used exclusively for emergency treatment under this agreement unless the use of said facility would endanger or otherwise result in reasonably foreseeable harm to the one receiv- ing said emergency services. 6. WAIVER OF DEFAULT: The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provi- sion at a later time, and shall not serve to vary the terms of this Agreement. 7. FORUM: Any lawsuit pertaining to any matter arising under or growing out of this contract shall be instituted in Kern County, California. 8. TIME: Time is of-the essence in this Agreement- 9. HEADINGS: All paragraph or section captions are for reference ~nly, and shall not be considered in construing this Agreement. 10. NOTICES: All notices relative to this Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail'. The parties shall be addressed as follows, or at any other address designated by notice: CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California 93301 San Joaquin Industrial Medicine Associates 2100 "~" Street Suite 240 Bakersfield, California' 93301 11. ASSIGNMENT: This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. -2- 12. 'BINDING EFFECT: The rights and obligations of this Agreement shall inure to the benefit of,-and be binding upon, the parties to the contract and their heirs, 'administrators, execu- tors, personal representatives, successors and assigns. 13. ATTORNEY'S FEES: In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and court costs and other nonreimbur- sable litigation expenses, such as expert witness fees and inves- tigation expenses. 14. MERGER AND MODIFICATION: This contract sets forth the entire agreement between the parties, and supersedes all other oral or written provisions. This contract may be modified or ter- minated 0nly in a writing signed by all the parties. 15. COMPLIANCE WITH ALL LAWS: SJIMA shall, at SJIMA's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may. hereaf- ter be in force, pertaining to this Agreement, and shall faith- fully observe in all activities 'relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. 16. INDEPENDENT CONTRACTOR: This Agreement calls for the performance of the services of SJIMA as an independent contractor, and SJIMA. and its staff will not ~be considered employees of the City for any purposes and are not entitled to any of the benefits provided by City to its employees. This Agreement shall not be construed as forming a partnership or any other asso- ciation with SJIMA other than that of an independent contractor. 17.~ INSURANCE: During the term of this Agreement, SJIMA administrative staff shall maintain a single limit compre- hensive general liability insurance policy in an amount of not less than $1,000,000 per occurrence with combined liability for' personal injury and property damage with a reliable insurance car- rier authorized to do business in the State of California. Said policy or policies of insurance shall expressly name the City and its agents, officers, and employees as additional insureds. Said insurance shall not be subject to cancellation, non-renewal, or coverage reduCtion without ten (10) days written notice to City. SJIMA shall provide to the City proof of insurance endorsements and certificates of insurance p~ior to execution of this Agreement. Said proof of endorsements and certificates of insur- ance shall be attached to this Agreement as Exhibit "I". Each named physician in Exhibit "H" shall carry medical malpractice insurance. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the day and year first above written. CITY O~ BAKERSFIELD Mayor APPROVED AS TO FORM: ~7 ~C~ty Attorney nance COUNTERS IGNED: San Joaquin Industrial Medicine Associates, Medical Director -4- A.PROSER CONTRACT FOR PROFESSIONAL SERVICES (SJIMA) San Joaquin Industrial Medicine Associates Administrative Offices 2100 "F" Street, Suite 240 Bakersfield, CA 93301 B05 324-8811 PHYSICAL EXAMINATION - FEE SCHEDULE COMPLETE HISTORY & PHYSICAL EXAMINATION. $25.00 EKG $25.00 AUDIOGRAM (hearing test) $15.00 PU~LMONAR~ FUNCTION TEST $15.00 URINE PREGNANCY TEST $15.00 * SERUM PREGNANCY TEST $21.50 * SERUM LEAD LEVEL $20.00 * CHOLINESTERASE LEVEL $30.00 * CBC WITH D!FFERENT!~.L $10.00 * BLOOD LIPID PROFILE $20.00 * RPR (VDRL) $12.00 * CHEM-ZY.ME PANEL (2~.) $!2.00 * CHEM+CBC+RPR $18.00 * CHEM+CBC WiTH ........... ""~ $!5.00 * BLOOD GLUCOSE SR.00 UA $5.00 TB SKiN TEST $5.00 ):- RAY S CHEST - PA (single view) $20.00 PA & LATERAL $30.00 BACK - Lumbosacral Spine (2 views) $40.00 (3 views) $50.00 (4 views) $60.00 COF~OLETE LUF~BOSACP~.L SPINE (5 views) $75.00 uRINE DRUG SCP~EN : $30.00 DEPARTMENT OF m ~c~ ~ - .RA! ._ OR~.T~ON (DRIVER) PHYSiCDJ5 EX~-M $25.00 CARDIAC ST-~SS TEST $200.00 CERTAIN FITNESS FOR DUTY' SERVICES M~AY REQUIRE ADDITIONAL FEES. * Ail serum lab work includes drawing fee ** Fees quoted are based on providing all occupational health services. ~kHIB.T San doatluin industrial Medicine Associates .- AOrninistr~*We 21 O0 "F" Stree~ Suite 240 Bakersfield; CA 93301' 8O5 324-8811 p~e-employment physlcsl gx~mln~tlon Aegui~ements Group A (Heavy Labor) Complete History and Physical Examination CBC ~:ith Differential Chemzyme Panel UA¸ UB Skin Five (5))i-ray ¥ie~?s cf the Lu~osacr~! Spine Pulmonary Punction Tes~ Audiogram EKG (if ~0 ~,emrs cf age or over, cr at physic~mn's Urine Drug Screen -* See Below ** and a6ditiona! tests as a~prcprlate - at physician's 6iscretion .. EXHIBIT "C" ADminisTrative Offices 21 OD "F" Street. Suite 240 Bakersfield, CA °~3301 805 324-8811 CI~v OF BAk~RS:--~D Pre-employment 'Physical Examination Requirements GROUP B (Moderate Labor) Complete History and Physical Examination with ~:=ferentia! Chemzy~e P~.ne! UA TB Skin · '~ee (3) X-ray ¥iews cf the Lmv~csacra! c-~,~ (.,ay be increased zo 5 v~,e%:s at zhe discreuion or the Pu!mc. nzry Functicn Test - if =rr_cpriate for job c!assificauion Audio~r~m - if appropriate fcr job c!assificaticn * EEG (at physician's discretion) Urine Drug Screen ** See Below * See attacD~nt ** and additional tests as appropriate - at ~hvsiclan's discretion C~'"v_~. OF BAKERSFIELD Pre-employment Pbysicat Examination Requirements GROUP C (Light Work) Commlete History and o'~,,~-ical Examination CBC with Differential Chemz3~e Panel UA TB Skin ~'=: EKG (if 40 years cf =~ -_, _ . -9- or or=- or at =hvslcian's discretion) Urine Drug Screen ** See Below ** and additional tests as aoorcoriate - at '~,~'~c-',an's discretion  J Aoministrative Offices 21 DO "F" Stree% Suite 240 Bakersfield,. CA 9.3301 805 32~-8811 C~_TY OF BAKERSF!EL_D Pre-employment Physical Examination Requirements SEASONAL WORKERS Ccmp!e~e History =n~ Pbv£ica~ UA ° 5~o (2))i-ray \Tiews cf the L''~,~osacrmi S.~ine - ~-' mp?roprir-te for jo5 classification .~ Urine Drug Screen ** See Below and ~_d~iticna! Costs ms appropriate - mt physician's discreet-on ~ .. EXHIBIT "F" Administrative 210O"F" Street, Sui~e2,~O Bakersfield~, CA 93301 805 32z,-8811 CITY OF BAKERSFIELD Pre-employment Physical Examination Requirements GROUP C (Department Heads) Complete History and Pbysizal Examination CBC ~:ith Differential Diood Lipi' UA (2) X.-rsy ¥ie'~..'.s cf Chest Cardiac Stress Test (at discretion of ex~,,ining '~,~ lan) : Urine. Drug Screen ** See Below ** and ad~itiona! tests as appropriate - at phI'sician's discreticn EXEZBIT "G .... . S~n Joaquin Industrial Medicine Associates A~mmis~rative O,'N roes 2100 "F" Street. Suite Bakersfield,' CA, 93301 .' 805 32,4-8811 Pre-employment Physical Examination Requirements PUBLZC SAFETY OFFICERS (Fire and Po!_~e) Comp!e%e History and ?hysical Examination Chemzyme Panel UA ~%~mcnarv ?%notion Audio~r~m (2) Y-r-ly Vie-~:.s c'-~ Chest (?A and Five (5) X-ra',¢ Views cf t'.'.- Car,!a: Stress Urine Drug Screen . ' .... ' :' " ~'~' See Below and additicna! tests as -~.r ~ri-t- - . _ - discretion · EXHIBIT C SAN JOAQUIN MEDICINE ASSOCIATES PHYSICIANS Willard B. Christiansen, M.D. Robert C. Marshall, M.D. INDUSTRIAL MEDICINE EAR-NOSE-THROAT DISABILITY EVALUATION 2203 - 19th Street 2021 - 22nd Street Bakersfield, CA 93301 Bakersfield, CA 93301 (805) 327-0657 (805) 327-9617 Martin Bragg, Ph.D Charles Fritch, M.D. Josh Haskett, Ph.D OPHTHALMOLOGY PSYCHOLOGY 2525 Eye Street 3600 San Dimas Street Bakersfield, CA 93301 Bakersfield, CA 93301 (805) ~327-8511 (805) 327-7621 David J. Elbaum, M.D. 'Gregory Olson, M.D. DERMATOLOGY OPHTHALMOLOGY 2323 - 16th Street, Suite 204 2920 'F' Street, Suite B-1 Bakersfield, CA 93301 Bakersfield, CA 93301 (805) 322-5333 (805) 327-0843 Michael MacDuff, M.D. CENTRAL CARDIOLOGY DERMATOLOGY CARDIOLOGY 2215 'G' Street 2110 Truxtun Avenue Bakersfield, CA 93301 Bakersfield, CA 93301 (805) 324-1312 (805) 323-8384 Richard M. Deaner, M.D. Johnson Jung, M.D. Richard O'Reilly, M.D. INTERNAL MEDICINE CHEST & CARDIO-VASCULAR SURGERY 3551 'Q' Street 2323 - 16th Street, Suite 302 Bakersfield, CA 93301 Bakersfield, CA 93301 (805) 327-9534 (805) 325-4257 Dale T. Herriott, M.D. Arvind S. Shah, M.D. PULMONARY DISEASES U.R. Varanasi, M.D. 2525 Eye Street, Suite 2B INTERNAL MEDICINE/NEPHROLOGY Bakersfield, CA 93301 620 - 34th Street (805) 325-7797 Bakersfield, CA 93301 (805) 324-4721 Stephen J. Helvie, M.D. Thomas H. Stewart , D.D.S. NEUROLOGY GENERAL DENTISTRY 2323 - 16th Street, Suite 506 3809 San Dimas Street, Suite B Bakersfield, CA 93301 Bakersfield, CA 93301 (805) 322-1770 (805) 327-3971 John W. Lucas, D.D.S. Albert R. Swafford, M.D. ORAL SURGERY ORTHOPEDIC SURGERY ORAL MAXILLOFACIAL SURGERY SURGERY OF THE HAND 1600 'F' Street 1800 Westwind Drive, Suite 201 Bakersfield, CA 93301 Bakersfield, CA 93301 (805) 327-2051 (805) 325-5111 Loarn D. Robertson, Ph.D. Michael C. Tivnon, M.D. KINESIOLOGY/ERGONOMICS ORTHOPEDIC SURGERY FUNCTIONAL CAPACITY EVALUATION 3900 San Dimas Street 1800 Westwind Drive, Suite 101 Bakersfield,~ CA 93301 Bakersfield, CA 93301 (805) 327-0843 (805) 327-0382 EXHIBIT D SAN JOAQUIN INDUSTRIAL MEDICINE ASSOCIATES Professional and Administrative Staff Carol Hewes, Director San Joaquin Industrial Medicine Associates Peggy Bainbridge, R.N., B.S.N., Occupational Health Nurse San Joaquin Industrial Medicine Associates Linda Goad, Administrative Assistant San Joaquin Industrial Medicine Associates Loarn Robertson, Ph.D., Clinical Director California Work Diagnostic & Rehabilitation center Linda. Bailey, O.T' California Work Diagnostic & Rehabilitation Center Christine Mullinax, M.S., ACSM Certified Calif°rnla Work Diagnostic & Rehabilitation Center Karan Brown, C.O.T.A. California Work Diagnostic & Rehabilitation Center Derek Thompson, R.P.T., Director of Physical Therapy California Physical Medicine Mark Kurtz, R.P.T. California Physical Medicine Kristi McDonnel, R.P.T. CalifornIa Physical Medicine Reid Jackman, R.P.T. California Physical Medicine San Joaquin Industrial Medicine Associates contracts with safety and claims consultants (up to 120 hours per year) for safety, claims and risk management services. INDUSTRIAL GOOD EVENING HONORABLE MAYOR-AND COUNCILMEMBERS I am Dr. Larry tho, Medical Director of Valley Industrial Medical. Group. I am here this evening along with some of my colleagues from Bakersfield Occupational Medical. Group and Medi Center. We came this evening with the intention of hearing the report and comments from the Budget and Finance Committee to the City Council regarding the motion to send out to bid the City of Bakersfields' industrial medicine contract. The City's current contract is automatically renewed February first of each year. This afternoon, however, I was informed that this business matter was not placed on tonight's agenda because the Budget and Finance Committee will be meeting on Monday, January 29, 1990. Our concern at this time is, since there is an automatic renewal clause in the existing contract, will the current contract be renewed if the Budget and Finance Committee cannot reach a decision on this matter by February 1, 1990. When we left these chambers two weeks, we felt that the contrary would happen based upon the council's motion. Those of us here this evening have some comments that 'you might find'helpful: 1. That your Budget and Finance Committee ask the assis- tance of experts in the field of industrial medicine and risk management to assist you in your deliberations such as insurance agents or brokers that deal exclusively in workers' compensation and/or employers with'a payroll close to the size of the City's who are either self insured or privately insured. 2. We believe it is important when reveiwing your workers' compensation package that you should not comingle that evaluation with that of private health care for your employee package. While they are both medical in nature, it is like mixing apples anti oranges. 3. You may also want to consider having some input from a member representing your employees in choosing your industrial medical care provider. As I am sure you are aware, traditionally, unhappy employees cDst the employer, the taxpayer in this case, a great deal more than a happy and content employee. We.believe that we all have the same goal in mind and that is to .be as cost effective as possible yet provide the best 2501 "G" Street · Bakersfield, CA 93301 · (805) 327~2225 medical care possible to 'our dedicated City employees. We strand ready to work with you to achieve that goal in the qui. ckest possible time frame. Respectfully, Va].ley Industrial Medical Group Bakersfield Occupational Medical Group Medi Center MEMORANDUM JANUARY 16, 1990 TO: DALE HAWLEY, CITY MANAGER FROM: JERRY WEBER, CLAIMS ADMINISTRATOR ~ ~. SUBJECT: "CITY PHYSICIAN" Greg Klimko asked me to write a memo to you regarding the selection of Dr. W.'B. Christiansen as the "City Physician." In 1986, management's dissatiSfaction had gradually grown regarding the City Physician, Dr. M.C. Barnard, and his Niles Medical and Surgical Group regarding 1) pre-employment physicals; 2) fitness for duty physical; and 3) the treatment of our industrially injured employees. As these types of examinations and treatment were being paid for by Personnel and the Self-Insurance Program, Ken Pulskamp asked Margaret Ursin and myself to put together a bid proposal package. We put the proposal together along with comments and suggestions solicited from Ken Pulskamp, Richard Oberholzer, and Bruce Codding, a Risk Management Consultant who was working with the City at the time. A request for proposal letter was sent to ten medical groups and four hospitals on August 19, 1986. The proposals were reviewed and on-site inspections and interviews of some of the physicians were conducted by various department.heads, Margaret, and myself. There were a number of.meetings with department heads to discuss the proposals and who could best serve the City's needs. A decision was made to use San Joaquin Industrial Medicine Associates. Meetings were held with their staff regarding procedure and they reviewed all job descriptions and gave suggestions for the types and extent of pre-employment examinations. A contract for professional services was entered into with San Joaquin Industrial Medicine Associates effective February 1, 1987, for pre-employment physicals, fitness for duty physicals, and workers' compensation treatment. San Joaquin Industrial Medicine Associates consists of Dr. Christiansen as the Medical Director, support staff personnel, and a number of local medical specialists. Attached for your review is a copy of the bid letter, a list of who the bid proposals were sent to, the proposal, and the Contract. cc: Greg Klimko MEMORANDUM January 8, 1990 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: J. DALE HAWLEY, CITY MANAGER ~ SUBJECT' EVALUATION OF PROFESSIONAL MEDICAL SERVICES AND MEDICAL PROGRAMS In view of the escalating health care costs, one of the long-range plans includes an evaluation of the various medical programs currently being utilized by the City. We are currentlyin the process of evaluating proposals for o~r "pre-paid"' dental services. Proposals have been received from three dental facilities. The next step in the evaluation process is to have a dentist, who is also a consultant, review the proposals~ visit the facilities, and comment upon-same.. In addition, plans are also being formulated regarding going"out-to-bid" for our Health Net and Fee-For-Service plans for the 1991 year. As part of the City's re-evaluation of their total medical programs, I also.intend.to have a cOnsultant evaluate proposals from physicians who are.interested..in providing their services as "City Physician." Since this process would, take approximately three to four months to complete, it would commence sometime in August/September of this year. The re-evaluation would be one more facet of the ongoing program to review the City's medical programs in order to contain health care costs. JDH. al b C I T Y O F OFFICE OF CITY MANAGER January 2, 1990 Dr. Larry M. Cho, Valley Industrial Medical 6roup 2501 "G" Street Bakersfie]d, CA 93301 Dear Dr. Cho: Your letter of November 30, 1989 to Councilmember Peterson was referred to me for response. On November ZO, 1989, your Administrative Director, Stephanie Cho, called me and' asked the terms of the City's contract with Dr. Christiansen. I was not familiar with the details of the agreement, therefore, I transferred her call to Sue Nhitfield, the City's Personnel Manager. I would like to give you some background on our present contract with Dr. Christiansen. For sixteen years, prior to 1987, the City's physician was Dr. Barnard. Due to various reasons, the City decided to seek proposals fora new contract. Several proposals were submitted, including one from your firm. TheSe proposals were reviewed by a Committee which included the City Attorney, Fire Chief,.Insurance Coordinator, and the Assistant City Manager. The Committee recommended Dr. Christiansen with San Joaquin Industrial Medicine Associates for the following reasons: 1. Dr. Christiansen had been involved with the treatment industrial injuries for over twenty years and had lectured extensively throughout California on the treatment of industrial injuries and disability evaluation. Z. He had extensive experience in the treabnent of toxic and pesticide exposures, as well as drug testing. 3. He was on-call twenty-four hours a day. 4...All his treatmbnt was provided by medical doctors and all physical examinations are performed by licensed M.D.'s. 5. .His bills for treabnent of injuries were to be reviewed and .adjusted to the amount recommended by the Division of Industrial Accidents. 6. He provided a complete range of services, such as physical therapy and functioning capacity evaluations. '150'1TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93301 · (805) 326-3751 Dr. Larry M. Cho, M.D. Valley Industrial~Medical Group January 2, 1990 Page -Z- 7. He had extensive experience in medical,legal litigation, and has testified in many areas, including orthopedics, neurology, toxic and pesticide exposures and drug abuse. 8. Others who were contacted spoke highly of Dr. Christiansen. Dr. Christiansen provides for more services than only performing physical examinations and treating industrial injuries. He has been used by the Cityto evaluate not only personal injury cases, but also cases of alleged police brutality. The City has not lost any of the cases in which he has been involved. He has saved the City considerable amounts of money, not only in medical care, but in the area of personal injury litigation, as well as providing many services at no charge. The terms of the contract with San Joaquin Industrial Medicine Associates states that the "agreement shall continue for a period of one year, commencing February 1, 1987, and shall automatically renew on an annual basis unless otherwise terminated." Since it was time for the annual review of our Medical Provider Contract, I discussed this issue with' the Department Heads and they all recommend no change in our'provider at this time. It was their opinion that Dr. Christiansen has done excellent service for the City~ Regarding your request for itemized statements and other cost information, it will take about 135 hours to gather the information together. The information covers a wide range of services and involves several City departments. Most of the files are in storage. It you want us to proceed, please let me know. We will estimate the cost of preparing the data. At the time you are notified of the cost, a deposit of one-half the estilmated cost of preparing the information Hill be required. If I can be of further assistance, please contact me at 326-3751. Sincerely, City Manager y ~ JDH.alb cc: Honorable Mayor and City Councilmembers VALLEY INDUSTRIAL MEDICAL anou 30, Kenneth Peterson 6501 Bridgeport Lane Bakersfield, CA 93309 Dear Mr. Peterson: Thank you for taking time out of your busy schedule to speak with Jimmy Shiu, our Industrial Relations Director regarding our industrial medical service and the possibility of providing this service to the City of Bakersfield. Valley Industrial Medical Group was started over five years ago in Bakersfield, CA to offer expert top qua].ity med~.cal care to injured employees while still considering the needs of the employer. We at Valley Industrial Hedical Group specialize industrial medicine exclusively. We have the knowledge, expertise, and fee schedule that will save the Cit. y of Bakersfield a substantial amount of taxpayers money and at the same time provide the City of Bakersfield with a be~ter more efficient industria], medical service. · To further meet the industrial medical needs of our community Valley Industrial Hedical Group has office hours from 7:30 A.M. until 7:00 P.H. Monciay thru Friday. In order to avoid the added expense and inappropriate use of hospital emergency rooms, Valley Industrial Medical Gr.oup .is on 24 hour call for al]. work related injuries that might occur after office hours, weekends, or holidays. Dr. Willard Christensen .has been the City of Bakersfield industrial, medicine physician for the last three years. I understand fro.m your conversation with Jimmy that the open bidding process for the City of Bakersfield account is held every three years. We have spoken with some. department heads within .the City of Bakersfield who feel that a c},a~,ge .is needed at .this time. I do not wish to divulge their names or positions at this time since this may jeopardize their positions with the City of Bakersfield. Concerns raised by these department heacis consisted of higher ].it|gaL|on rates , for [he City of Bakersfield legal department for workers compensation claims, excessive fees~ and conflict of interest · 2501 "G~' Street · Bakersfield, CA 93301 · (805) 327-2225 businesses t.hat are owned by Dr. Christenscn, :i.e. California Physical Medicine Associates, California Work Diagnostic & Rehab Center, and California Thermographic Associates. My Administrative Director, Stefanie Cho, recently spoke with tile City Manager, Dale Hawley, .as to whether or not tile City of Bakersfield will open the bidding process this year to find an industrial medical service to better meet tile needs of the City of Bakersfield and the taxpayers. She also requested from him expenditure figures for the last three years by the City of Bakersfield for industrial injuries seen by Dr. Christensen, for industrial injuries seen at Memorial tlospital Emergency Room, physical therapy, pre-placement physical examinations, thermograms, and MRI scans. He gave Stefanie tile run-around and then referred her to Sue Whitfield in personnel who he said made the decision whether or not the bidding process was to be opened and would have tile figures that had been requested regarding the City expenditures. Stefanie called Sue, informed her that Dale Hawley had referred us to her', and again requested tile above information. Sue was quite surprised and stated that Dale Hawley was the person that made tile decision as to whether or not the. bidding process was opened. She then stated that she would have to make some phone calls to clarify matters and then would call us back. She returned our call later that same day stal:ing that she had .spoken with Dale Hawley who told her ~hat he has departmental meetings all the time and that everyone, was happy with Dr. Cl!ristensen. She also told us that he had made the decision not to re-open tile bidding process since everyone was happy with Dr. Christensen. Stefanie then asked Sue why she was referred to talk with her by Dale when in the end Dale Hawley made the final decision. Sue then stated that she did not know. Stefanie then requested copies of City expenditures for industrial medical care over the last two years to perform a cost analysis. Sue replied that since the bidding process was not going to be re-opened that those figures were not public information. Jimmy called Dale Hawley tile following morning questioning his decision not to re-open the bidding process without further knowledge of our industrial medical service. He invited Dale Hawley to tour our office, meet ns, and see first hand all the services we offer in comparison to Dr. Christensen in the hopes that he would re-open the bidding process. He flatly refused to speak with us. He also added that it has taken Dr. Christensen three years to learn the City of Bakersfield system and that to change now would require another physician to re-learn a system with which we are already quite familiar. He continued to give Jimmy one excuse after,.another and ~ was completely uncooperative in answering his. questions. I find it .extremely disconcerting to know that my tax dollars as well as y~rs are paying close-minded people such as Dale Hawley and Sue Whitfield who do not seem the least bit interested in seeking out better ways to spend taxpayer's money but instead are satisfied with the Status quo. Whether their actions are politically motivated or not remains to be seen. I also question being told by Sue that the City of Bakersfield expenditUre figures are not public information, especially since Mr. Hawley didn't seem to have any problems divulging figures about private health care costs to the City in last nights City Council meeting which I attended. In last nights City Council n~eeting there seemed to be great concern regarding rising ttealth and Dental Benefit costs ~o the City. I believe that Health Net was mentioued as the City's present private patient plan. Yet in speaking with Dale Hawley and Sue Whitfield there seems to be no interest whatsoever in containing the indus[rial medical costs to the City which can be exhorbitant if not controlled. I believe that Valley Industrial Medical Group can save the City of Bakersfield taxpayer's money and at the same time provide a better more efficient industrial medical service in the following ways: 1. Our workers' compensation charges for injuries are 3-5% less than Dr. Christensen's. 2. Our physical' examination fees are 50-100~ less than Dr. Christensen' s. 3. Our after hour, weekend, and holiday fees for industrial injuries are a~ leas~ 27% less tha,~ Memorial Itospital's usual and customary emergency room fees. The City of Bakersfield uses Memorial Hospital after hours since Dr. Christensen does not take call 2~ buurs a day. Dr. Christensen also charges another initial fee once the patient is referred back to him for follow- up. You therefore have two initial charges on the same patient if that patient is seen at Memorial tlospital ER first. Since Valley Industrial Medical Group is on 24 hour call there would o,~ly be one initial, charge and no dupl.ication of charges thereafter. The City, however, does have a:special rate of 15% off Memorial. tlospital's usual and customary emergency room fees. This is still much higher than our fee schedule for the same services. 4. I am the sole owner of Valley Industrial Medical Group. Since I am of Asian descent, Valley Industrial Medical Group is considered a Disadvantaged Business Enterprise. Valley Industrial Medical Group is presently a Certified Disadvantaged Business Enterprise (DBE). The policy of the Bakersfield DBE Program is to tltilize I)BEs in aspects'of'contracting to the maximum extent feasible and consistent with law for .any program or facility funded wholly or ill part with Federal Gover~ment Funds. Please see the Bakersfield DBE Program Po]icy Sta[~ement enclosed with this letter. It. is to %.he City of Bakersfield's advantage to use a DBE ~vhenever possible to insure continued Federal Government aid funding of City of Bakersfield projects. 5. I do not own any other business interests that present a conflict of interest unlike Dr. Chris te~sen. I presently service many companies formerly using Christensen. These companies felt that l)r. Christense~ was over-utilizing his California Physical Medic[ne Associates business for physical therapy and his California Work diagnostic & Rehab Center for physical therapy and rehabi, litatio~ at their expense. Mr. Peterson I am requesting the following items from the City of Bakersfield to make a cost analysis and confirm tile ver'acity of my statements above: 1. Itemized statements and dates of charges for workers' compensation injuries billed to the City of Bakersfield (City) by Dr. Christensen over the last three years. 2 Itemized statements and dates of charges for ~orkers' compensation injuries seen after hours at; MemorJ al Hospital Emergency Room over the last three )rears that were billed to the City. 3. Itemized statements and dates of charges 'for physical therapy rendered to workers' compensation injuries from Dr. Christensen' s California Physical Medicine Associates and California Work Diagnostic & Rehab Center over tile last three )rears that were billed the City. 4. Itemized statements and dates of charges for thermograms and MRI scans billed to the City from Dr. Christensen over the last three years. 5. Itemized statements and dates of charges of all pre- placement physical examinations billed to tile City from Dr. Christensen over the last three years. 6. The percent of workers' compensations (:].aims th.a[, have been litigated since-Dr. Christensen has taken over the City account. 7. The number or percentage of employees with the City requesting to see a physician other than Dr. Christense.n. I would appreciate your complete investigation of ~.his matter. I am greatly concerned as a taxpaying citizen when City officials paid with our tax dollars are not interested in saving those tax dollars, especially when there is a better alternative. In this day of continually rising health care costs I believe that it is the City's fiscal responsibili[y to it's taxpayers to seek out that facility · that would best meet the City's policy of cost containment. I feel that the bidding process should be re-opened by the City to find a better, more cost effective and efficien~ industrial medical service than the City is presently receiving from Dr. Christensen. Thank you for your time and attention taken to address this issue. Should you require further comment or have any questions, please do not hesitate to contact me directly. I would also like to extend you a personal invitation ~o tour our office and speak with us. Respectfully, LarrY'S. Cho, M.D. Medical Director Enclosure LMC:lc