City Physician RFP 2025.pdf — Bakersfield City Council, October 8, 2025

1 REQUEST FOR PROPOSAL (RFP)

TO PROCURE MEDICAL SERVICES
(CITY PHYSICIAN)

CITY OF BAKERSFIELD

Christi Tenter, Human Resources Director
Human Resources Department
City Hall North, 1600 Truxtun Ave, 1st Floor | Bakersfield, CA 93301

POSTED: June 23, 2025
DUE: July 25, 2025
2 REQUEST FOR PROPOSAL (RFP)

TO PROCURE MEDICAL SERVICES (CITY PHYSICIAN)

The City of Bakersfield is seeking qualified physicians to provide medical services as described herein, other than treating injuries for workers’ compensation , as the City's Physician.

Respondents to the Request for Proposal (RFP) are specifically directed not to contact any City personnel other than the contact person indicated below. It is suggested that you send a single email inquiry if there are multiple questions concerning the scop e of medical services required.

Christi Tenter, Human Resources Director
Human Resources Department
1600 Truxtun Avenue | Bakersfield, CA 93301
Email: [email protected] | (661) 326-3408

HOW TO RESPOND TO THIS RFP:

In order to respond to this RFP, please submit three (3) hard copies of your proposal to the following address:

Shayla Collins, Human Resources Manager
Human Resources Department
1600 Truxtun Avenue | Bakersfield, CA 93301
Email: [email protected] | (661) 326-3015

All envelopes/shipping boxes are to be clearly marked as follows:

RESPONSE TO REQUEST FOR PROPOSAL (RFP)

TO PROCURE MEDICAL SERVICES (CITY PHYSICIAN)

DUE DATE: This proposal is subject to a 30-day response period. Consideration has been included for mail delivery and holidays in calculating the respons e date. Proposers are solely responsible for ensuring timely receipt of proposals , and responses received after the due date may not be considered. Postmark date will not constitute timely delivery.

The proposal must arrive at the address noted above before 5:00 pm , on the closing date listed below, to be considered for this proposal.

Listed below are specific and estimated dates and times o f actions related to this RFP. The actions with specific dates must be completed as indicated unless otherwise changed. If it becomes necessary to change any of the specific dates and times in the calendar o f events listed below, an addendum to the RFP will be issued.

Anticipated Distribution of RFP ………………………………………….…………………………….06/23/25 Anticipated DUE DATE for Response to RFP…………………………...…………………………….07/25/25 Anticipated Notification of Final Selection, Tentative…………………………………………….09/01/25 3 GENERAL INFORMATION
The City of Bakersfield desires proposals from qualified physicians who will perform Pre - employment Physicals, Drug Screening s, Fitness -for-Duty Physicals, Vaccination Clinics, Driver's License Physicals, Hazardous Materials Physicals and Disability Retirement Evaluations. The following physicals were completed in a recent 12-month period.

91 Pre-employment Physicals

282 Pre-employment Drug Screens

79 Pre-employment DOT Physicals

179 Random Drug Screenings (includes DOT testing)

42 Fitness-for-Duty Physicals (Non-Industrial and Industrial)

88 DOT Medical Recertification Physicals

79 DOT Drug Screens

80 Functional Capacity Evaluations

The City of Bakersfield has approximately 2,000 full-time, regular employees, and approximately 125 temporary employees, depending on seasonal fluctuations.

The services of the City Physician will be retained until December 31 , 20 29. The agreement between the City of Bakersfield and the City Physician will be reviewed on an annual basis. The City reserves the right to contract with more than one service provider and an agreement does not constitute that a specific volume of business will be guaranteed.

4 SERVICES PROVIDED BY CITY PHYSICIAN

1. Pre-employment physical examinations

2. Functional capacity evaluations/assessments (including ADA assessments)

3. Department of Transportation Medical Recertification Physicals

4. Fitness-for-Duty evaluations and Disability Retirement evaluations

5. Drug Screenings (includes DOT regulated tests)

6. Hepatitis B inoculations including Firefighters, Police Officers, Lifeguards and other at-risk employees; (on-site and in-office)

7. Hazardous materials physicals for Fire Department Hazardous Materials Team

8. Medical/legal witness for the City Attorney's Office and Risk Management Division

9. Medical consultation for three (3) Civil Service Boards regarding medical appeals

10. On-site presentations and discussions with staff and employees regarding a variety of medical related employee wellness issues (i.e., weight control, cholesterol level, blood pressure, exercise), and other Risk Management related issues as requested

11. Annual influenza inoculations and vaccinations

SERVICES TO BE PROVIDED BY CITY STAFF

City staff will review and evaluate the proposals submitted and will present a report with a recommendation to the City Council. Final approval will be made by the City Council.

RFP INTERPRETATION AND ADDENDA
Interpretation of RFP:

All proposers shall carefully examine the requirements, specifications and conditions expressed in the RFP and fully inform themselves as to the quality and type of services required.

Discrepancies, omissions or requests for interpretation should be submitted in writing to:

Christi Tenter, Human Resources Director
Human Resources Department
1600 Truxtun Avenue | Bakersfield, CA 93301

5 Addenda:

Any change in the RFP will be made only by written addenda. Addenda issued by the City interpreting or changing any of the items in this RFP shall be incorporated into this RFP. The vendor shall sign and date the Addenda Cover Sheet , if any, and submit them with the proposal (or deliver them to the City Human Resources Office, if the vendor has previously submitted its proposal to the City). Failure to receive any addenda shall be the sole responsibility of the vendor. The vendor shall check with the City to ensure all addenda have been received prior to submitting any proposal. The city shall not be held liable in any event for failure of the vendor to receive addenda or letters of clarification.

TERMS AND CONDITIONS
Contract:

A sample agreement detailing the terms and conditions under which work is to be performed is attached. Although minor changes may be negotiated, the sample agreement is substantially as it will be in its final form. Requested changes to the terms and conditions of the agreement must be included in the agreement section of the proposal.

Compensation:

It is the City's preference to contract for the services to be performed under this Agreement on a fixed fee schedule.

Other Physicians:

The City Physician shall provide the City a complete listing of, and payment schedule for , all physicians, physical therapy facilities, laboratories, and other medical services which the City Physician uses as subcontractors for medical services provided to the City. The cost of these subcontractors will be the sole responsibility of the City Physician. The City will contract only with the City Physician who will be solely responsible for providing the services agreed to in the agreement.

Local Preference:

Whenever possible, the City requests the use of local health care providers and service facilities in close proximity to City facilities and operations. However, outside providers will not be excluded and are encouraged to submit an RFP.

Invoicing:

The provider’s clerical staff will work closely with the City’s Human Resources and Risk Management staff in ensuring, to the extent possible, the following:

1. Invoices and statements are issued at approximately the same time and in a consistent time frame

2. On follow -up appointments, the original appointment date will be referenced on the new invoice
6 3. For drug screens and pre -employment physicals, note on the invoice whether the test is for a regular or temporary employee

4. The City employee authorizing any appointment will be noted on the invoice.

GENERAL INSTRUCTIONS

The submission of a proposal shall be conclusive evidence that the provider has investigated and is satisfied as to the conditions to be encountered, the type, quality and scope of work to be performed and the requirements of the City.

Proposal to Remain Firm:

All proposals shall remain firm for a period of at least one hundred twenty ( 120) days from July 25, 2025.

Compliance with all Laws:

The vendor shall, at the vendor’s sole cost, in responding to this RFP, and in carrying out the terms of the agreement, should an agreement be awarded, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, and shall faithfully observe in all activities relating to or growing out of this proposal all municipal ordinances and state and federal statutes, rules and regulations, and permitting requirements now in force or which may hereafter be in force, including without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code §5.02) where required.

Signature of Provider:

The proposal and any clarification thereto shall be signed by an officer of the provider company or designated agent empowered to bind the firm in an agreement.

Complete Written Proposal:

Only written proposals will be accepted. No oral, facsimile, telegraph, telephone or electronic proposals or submissions will be considered. The completed proposal shall be without interlineation, alteration or erasers. Unnecessarily lengthy documents are discouraged.

PROPOSAL FORMAT AND CONTENTS

For ease in review and to facilitate evaluation, the proposals submitted for this project should be organized and presented in the following requested order:

Cover Page
Name of Company and Proposal Title
Organizational Information
7 Provide specific information concerning your firm in this section. If two or more companies are involved, information concerning the working relationship between the company, i.e., primary physician/other physician must be provided.
(a) Agreement Information
Provide a list of any agreements you may have with the City of Bakersfield. (b) Medical Practice Information
Describe your current medical practice and the approximate percentage of time dedicated to various medical services.
(c) Other
Provide a list of any ownership interests you may have with any medical facility, including, but not limited to, laboratories, radiology, and equipment.

Specification re Computer-Integrated Linkup:

Provide specifications regarding computer -integrated communication linkup to the City’s Risk Management and Human Resources D epartments for purposes of billing and accessing patient status. Provide security measures for the same. Describe how the program works.

Qualifications and Experience:

Provide specific information in this section concerning your company and/or other physicians' capabilities and experience as it relates to the services provided.

Provide a list of other organizations which your company works with and provides medical services that are of a similar nature to the City of Bakersfield. Include names and telephone numbers of three (3) references for these services provided.

Professional Team:

Include the name and location of the office where the work is to be performed. Provide a list of personnel who are part of your staff , and the length of time employed. Attach curriculum vitae for medical doctors (including any board certifications), and all significant members of the professional staff which reflect their experience in this type of work. Indicate hospital(s) affiliation for each physician. Finally, provide an organizational chart for the professional staff which identifies their titles.

Insurance Requirements:

Prior to beginning work, the vendor will provide evidence of the following insurance coverage:

1. Professional Liability Insurance providing coverage on claims made on the basis of errors and omissions with limits of not less than one million dollars ($1,000,000).

2. Automobile Liability Insurance providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than one thousand dollars ($1,000.000) per occurrence. 8 3. Workers’ Compensation with statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor council, officers, agents, employees and volunteers.

4. General Liability Insurance with limits of not less than one million dollars ($1,000,000) per occurrence; the Workers’ Compensation insurance policy shall include a waiver of subrogation endorsement in favor of the City of Bakersfield.

The General Liability insurance policy shall include an additional insured endorsement naming the City of Bakersfield, its mayor, council members, agents and employees as additional insureds with limits of not less than one million dollars ($1,000,000) per occurrence.

All policies required of the vendor shall be primary insurance as to the City, its mayor, council members, officers, agents, employees, or designated volunteers and any insurance or self -insurance maintained by the City shall be excess of the vendor’s insurance; shall not contribute with it.

All policies shall contain an endorsement providing the City with thirty (30) days’ written notice of cancellation or material change in policy language or terms.

The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the City.

The vendor shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The City may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement.

Full compensation for all premiums , which the vendor is required to pay on all of the insurance described herein, shall be considered as included in the prices paid for the various items of work to be performed under the agreement, and no additional allowance will be made for additional premiums which may be required by extensions of the policies of insurance.

It is further understood and agreed , by the vendor, that its liability to the City shall not in any way be limited to or affected by the amount of insurance obtained and carried by the vendor in connection with this Agreement.

Unless otherwise approved by the City, if any part of the work under this Agreement is subcontracted, the “basic insurance requirements” set forth above shall be provided by, or on behalf of, all subcontractors.

Cost of Services:

An itemized fee schedule should be included based upon the scope of work to be performed as enumerated in the attached Fee Schedule Exhibits A - I.

Sample Reports:

The proposal shall contain written samples of status reports that would be submitted to the City on a Pre-employment Physical, D epartment of Transportation Medical Recertification Physical, and a Fitness-for-Duty Physical.

9 Exceptions (General):

If you cannot comply with any conditions of the scope of work to be performed, explain what conditions cannot be complied with and the reason.

Exceptions to Contract Terms:

If you cannot comply with any conditions of the contract, explain what conditions cannot be complied with, and the reason.

SELECTION PROCESS
Solicitation Caveat:

The issuance of this solicitation does not constitute an award commitment on the part of the City, nor shall the City pay for costs incurred in the preparation of, or submission of proposals.

Initial Screening:

All proposals received by the specified deadline will be reviewed by the City staff for content, fee charges, related experience and professional qualifications of physicians and other professional staff (including length of the employment with the facility). City staff will then make a recommendation to the City Council. Included in the review may be an inspection of the facility. Interviews of th e selected companies may be conducted as part of the final selection process. The award of the agreement is contingent upon approval by the City of Bakersfield City Council.

The City reserves the right to select the proposal(s) which, in its sole judgment, best meets the needs of the City.

Rejection of Proposals:

The City reserves the right to reject any and all proposals received and to waive any informality, technical defect or clerical error in any proposal as the interest of the City may require. Applicants submitting proposals which do not substantially meet the requirements will be considered noncompliant.

Notification:

After evaluation of proposals and approval by the City of Bakersfield, all pro posers will be notified by letter of the new provider(s), within twenty (20) days of the final selection.

The contents of the proposal and any clarification thereto submitted by the successful pro poser shall become part of the contractual obligation and be incorporated by reference into the ensuring agreement.

All proposals become the property of the City of Bakersfield and are subject to the California Public Records Act.

10 SELECTION CRITERIA
The City of Bakersfield reserves the right to award this Agreement not necessarily to the company with the lowest cost, but to the company which will provide the best overall match to the RFP requirements.

Failure to provide the requested information or unwillingness to accept the terms, conditions and other requirements of this RFP may result in rejection of the proposal.

Companies may be selected for oral interviews based on their overall quality of written response to the RFP, public entity cost containment experience, computer systems and compatibility, fee structure and overall costs, and experience and skill of staff.

An evaluation team comprised of representatives of the City of Bakersfield and other team members as deemed necessary will review all proposals meeting the criteria of this RFP. Proposals will be evaluated using a weighting factor for the criteria listed below.

Failure to provide the requested information or unwillingness to accept terms, conditions and other requirements of this RFP may result in rejection of the proposal. The City of Bakersfield reserves the right without prejudice to reject any or all proposals.

Provider Qualifications:

The criteria will measure the ability of the prospective physician to successfully complete the scope of work as required. Consideration will be given, but not limited to, the following, with points or rating factors applied. The sum of the factors will be the total given to this grouping.

1. Expertise, experience, education, license and certification.

2. Ability to write comprehensive, logical and concise reports.

3. Ability to be on-call 24 hours, 7 days a week.

4. Ability to complete medical examinations in accordance with the POST Medical Screening Manual.

5. Prior experience in toxic and pesticide exposures, disability evaluation, and drug testing. (Include documentation.)

6. Review of listed references.

7. Professional training or other experience that qualifies physician to testify in areas of claims liability and Americans with Disabilities Act.

8. Professional training of other members of professional staff.

9. Experience in testifying in court. This should include, but not be limited to, the number of times the physician has testified in court and in what areas of expertise the physician has been certified in by the Superior Court. In addition, experience testifying at Workers' 11 Compensation Appeals Board Hearing s. Administrative Hearings and at depositions. (Submit any relevant documentation.)

10. Adequacy of facilities and equipment.

11. Ability to conduct physical examinations within a reasonable time and provide medical reports within a maximum of three (3) days of the examination.

12. Ability to see employees or applicants within a reasonable time of scheduled appointment.

13. Availability for telephone and/or in person conferences by City management staff.

14. Cost of services including sufficiency of detail.

15. Ability to commence services upon contract approval.

16. Professional Merit: The soundness of the program and professionalism of the content will be evaluated by these criteria . This is to include such things as knowledge of content , the types of medical issues , and the varied services the City Physician will perform. In addition, reasonableness of staffing plans, soundness of approach and quality of the total program offered will be considered.

APPENDIX

INSTRUCTIONS

FOR EACH SERVICE OR EXAMINATION SPECIFIED IN THE FOLLOWING EXHIBITS A - J, INDICATE THE COMPONENT FEE CHARGED FOR THAT SERVICE OR EXAMINATION. ALSO , INDICATE THE TITLE OF THE INDIVIDUAL ADMINISTERING THE TEST.

INCLUDE ADDITIONAL TESTS OR SERVICES AS APPROPRIATE WITH THE FEE SCHEDULE FOR EACH TEST.

12 EXHIBIT A
City of Bakersfield Fee Schedule for
Hazardous Materials Physical for Fire Department
RFP 2025

Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular (including
interpretation)
$
Oxygen Uptake for MET Level $
Audiogram $
Spirometry with completed Respiratory
Questionnaire
$
Urinalysis $
Cholinesterase Levels $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
Occult Feces Blood Screen $
Heavy Metal Testing: (Cadium;
Beryllium; Lead; Mercury; Arsenic)
$
X-ray Lumbar 5 views (at discretion of
physician)
$
X-ray Lumbar 3 views $
X-ray Chest 2 views $
Functional Capacity Evaluation $
Total $

Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
13 EXHIBIT B
City of Bakersfield Fee Schedule for
Pre-Employment Physical for Fire Department
RFP 2025

Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular $
Electrocardiogram $
Oxygen Uptake for MET Level** $

Audiogram $
Spirometry $
Urinalysis $
TB Skin Test $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
Drug Screen $
X-ray Lumbar 5 views (at discretion of
physician)
$
X-ray Lumbar 3 views $
X-ray Chest 2 views $
Occult Feces Blood Screen ** $
Respiratory Questionnaire $
Total $

Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
14 EXHIBIT C
City of Bakersfield Fee Schedule for
Voluntary Annual Physical for Fire and Police
RFP 2025

Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular $
Electrocardiogram $
Audiogram $
Spirometry $
Urinalysis $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
PSA if over 40 years old $
X-ray Chest 2 views $
Total $

Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
15 EXHIBIT D
City of Bakersfield Fee Schedule for
Police Department
Clandestine Lab Training Physical
RFP 2025

Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular (including
interpretation)
$
Electrocardiogram $
Audiogram $
Spirometry $
Urinalysis $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
X-ray Chest 2 views $
Respiratory Questionnaire $
Total $

Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
16 EXHIBIT E
City of Bakersfield Fee Schedule for
Police Department
FBI Hazardous Devices School Physical
RFP 2025

Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular (including
interpretation)

Electrocardiogram $
Audiogram $
Spirometry $
Urinalysis $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
X-ray Chest 2 views $
Functional Capacity Evaluation $
Respiratory Questionnaire $
Total $

Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
17 EXHIBIT F
City of Bakersfield Fee Schedule for
Pre-Employment Physical for Police Department
RFP 2025

Service Fee Title of Person Performing Services Complete History and Physical Exam
(Visual Acuity included)
$
Stress Test Cardiovascular $
Electrocardiogram $
Audiogram $
Spirometry $
TB Skin Test $
CBC with Differential $
Comprehensive Metabolic Panel $
Lipid Profile $
Drug Screen $
X-ray Lumbar 5 views (at discretion of
physician)
$
X-ray Lumbar 3 views $
X-ray Chest 2 views $
Respiratory Questionnaire $
Total $

18 EXHIBIT G
City of Bakersfield Fee Schedule for
Miscellaneous Services
RFP 2025

Service Fee Title of Person Performing Services

Educational Programs

Heart Disease $
Hypertension $
Colon Cancer $
Back Care $
Heat Illness $
Exercise and Fitness $
Nutrition/Weight Control $
Substance Abuse $
Stress Management $
Tobacco & Alcohol $
Screening Programs $
Diabetes $
Weight Control $
Hypertension $
MMR Titer $
Varicella/Zoster Titer $
TDAP-Tetanus, Diphtheria, Pertussis $
Tuberculosis Skin Test $
Tuberculosis Chest X-ray $
MMR Booster $
Varicella/Zoster Vaccine $
19 Respirator Fit Test $
Respirator Fit Test Full Face $
Respirator Questionnaire $
Spirometry $
Seasonal Influenza $
*On-Site Clinic Fee $
Hepatitis Vaccination (A, B, A/B
Twinrix)

$
Near Vision Testing

$
Medical Consultation for Committees
or Boards Regarding Medical Appeals
$
Fitness for Duty $
Functional Capacity Evaluations $
Med/Legal Witness for the City
Attorney’s Office and Risk
Management
$
DOT Recertification Physical $
Urine Drug Screen (DOT) $
Management of DOT Program $
Any Additional Tests Or Pricing That Is
Pertinent To Include

Include any additional tests as appropriate with the reason for the test and the fee schedule. Attach as an additional sheet. Components of the above physical exam may be changed at the discretion of the City of Bakersfield.
*Seasonal Influenza and other vaccinations are typically administered a t an on -site clinic at our employer location. Indicate if there is a fee for services involving an on -site clinic, and what the fees are for the clinic. If no fee is applicable, indicate NO FEE.

20 EXHIBIT H
City Of Bakersfield Fee Schedule for
Pre-Employment Physical for Group A (Med-Heavy Laborer) RFP 2025

Service Fee Title of Person Performing Services Drug Screen – Rapid
*Do not proceed unless negative
results
$
Complete History and Physical Exam $
Functional Capacity Evaluation
*As requested per position
requirements
$
DOT Physical/Drug Screen
*As requested per position
requirements
$
Audiogram
*As requested per position
requirements
$
Spirometry
*As requested per position
requirements
$
TB Skin Test
*As requested per position
requirements
$

Total

21 EXHIBIT I
City Of Bakersfield Fee Schedule for
Pre-Employment Physical for Group B (Professional/Light Work) RFP 2025

Service Fee Title of Person Performing Services Drug Screen – Rapid
*Do not proceed unless negative
results
$
Complete History and Physical Exam $
TB Skin Test
*As requested per position
requirements
$
$
$
Total $

22 EXHIBIT J
City Of Bakersfield Fee Schedule for
Disability Retirement Medical Evaluations
RFP 2025
Pursuant to state statutes, t he City of Bakersfield is respo nsible for recommending disability retirements for safety members of the City of Bakersfield, through the Disability Retirement Committee.

In some cases, the Disability Retirement Committee may request an independent medical evaluation by the City Physician in order to obtain clarification on a medical condition, or additional information regarding work restrictions. Depending on the medical condition, the City Physician may elect to also refer the case to a specialist for an evaluation to assist in making a comprehensive opinion about an employee’s medical condition and ability to work.

Service Fee Title of Person Performing Services

Complete History and Physical Exam
$
Functional Capacity Evaluation
*Physician to determine if necessary
for medical determinations.
$
$
$
$
Total $

23 SAMPLE
AGREEMENT NO. ___________________

CITY PHYSICAN'S AGREEMENT

This CITY PHYSICIAN’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation, (referred to herein as "CITY”) and ______________________________________ a [business type:

Individual; Sole Proprietorship; Partnership; Corporation; LLC; etc.] authorized to do business in California (referred to herein as "CONTRACTOR").

R E C I T A L S
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of providing physical examinations and other related occupational medical services for employers; and
WHEREAS, CITY desires to employ CONTRACTOR for pre -employment physicals, fitness- for-duty physicals, HAZMAT physicals, drug testing, and other miscellaneous medical and risk management services; and
WHEREAS, CITY does not have expertise currently on staff to perform City physician services; and
WHEREAS, CONTRACTOR submitted a response to Request for Proposal issued by CITY.

Said Request for Proposal and CONTRACTOR’s response are incorporated herein by reference as though fully set forth as EXHIBIT “A” and EXHIBIT “B”.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: CONTRACTOR agrees to provide, and CITY agrees to utilize, the services of the physicians and staff of CONTRACTOR for pre-employment physicals, fitness-for-duty physicals, drug testing and other medical services as set forth in the City’s Request for Proposal attached hereto and incorporated herein as EXHIBIT “A.” (“Scope of Work”).

The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.

2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):

On an hourly [or time/material] basis in accordance with the hourly rates as shown on EXHIBIT “B” attached and included by reference herein. 24 CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out -of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $_____________ for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminat e on December 31, 2029, and may be extended for one additional year.

4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.

5. COMPLIANCE WITH ALL LAWS . CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is 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 association with CONTRACTOR other than that of an independent contractor.

7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.

8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.

9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.

10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY’s written approval. 25 11. INCLUDED DOCUMENTS . Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.

12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licenses or professional degrees.

13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.

14. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.

15. INSURANCE.

15.1 Types and Limits of Insurance . In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").

15.1.1 Professional liability insurance, providing coverage on claims made on the basis of errors and omissions with limits of not less than $1,000,000 per occurrence.

15.1.2 Automobile liability insurance , providing coverage for owned, non - owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

15.1.3 Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:

15.1.3.1 Provide contractual liability coverage for the terms of this Agreement;

15.1.3.2 Provide products and completed operations coverage;

15.1.3.3 Provide premises, operations, and mobile equipment 26 coverage; and

15.1.3.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

15.1.4 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, CONTRACTOR is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

15.2 General Provisions Applying to All Insurance Types.

15.2.1 All policies required of CONTRACTOR must be written on a first -dollar coverage basis or contain a deductible provision. Subject to CITY’s advance approval, CONTRACTOR may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured.

15.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of C ONTRACTOR’s insurance and must not contribute with it.

15.2.3 The insurance required above, except for workers’ compensation 27 insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A -:VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.

15.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.

15.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.

15.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement.

15.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.

16. THIRD PARTY CLAIMS . In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.

17. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.

18. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, 28 obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.

19. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder and made available to CITY representatives upon request at any time during regular business hours.

20. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the agreement and their heirs, administrators, executors, personal representatives, successors and assigns.

21. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

22. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

23. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, and all parties are equally responsible for authorship of this Agreement.

Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

24. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

25. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

26. GOVERNING LAW . The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way 29 from this Agreement shall be brought in Kern County, California.

27. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.

28. MERGER AND MODIFICATION . This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

29. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).

30. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CHRISTI TENTER, HUMAN RESOURCES DIRECTOR

CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301

CONTRACTOR: ___________________________
___________________________
___________________________
___________________________

31. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.

32. TITLE TO DOCUMENTS . All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.

33. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number __________________
CONTRACTOR is a corporation? Yes No ________ (Please check one.)

30 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD [NAME OF CONTRACTOR]

By:________________________________ By:_________________________________

KAREN GOH
Mayor Print Name: ________________________

Title: ________________________________
APPROVED AS TO CONTENT:
[CITY DEPARTMENT NAME]

By:_______________________________
[DEPARTMENT HEAD NAME]
[Title]

APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney

By:___________________________
[ATTORNEY NAME]
[Title]

Insurance:____________

COUNTERSIGNED:

By:_______________________________

RANDY MCKEEGAN
Finance Director

Attachment: EXHIBIT A – Request for Proposal
EXHIBIT B – Proposal from [Name of Contractor]

Bakersfield City CouncilOctober 8, 2025

Bakersfield City Council
October 8, 2025