HomeMy WebLinkAbout1996-305
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96-305
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL
3 CLINIC, RELATING TO MEDICAL SERVICES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
city an agreement with San Bernardino Industrial Medical
Clinic for the purpose of conducting medical services for the
city, copy of which is attached hereto, marked Exhibit "A",
and incorporated herein by reference as fully as though set
forth at length.
This agreement is effective August 1, 1996
and terminates on July 31, 1997.
SECTION 2. This agreement shall not take affect until
fully signed and executed by all parties. The City shall not
be obligated hereunder unless and until the Agreement is fully
executed and no oral agreement relating thereto shall be
implied or authorized.
SECTION 3. The authorization to execute the above
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and
joint
Bernardino at a regular
Common Council of the City of San
7th
meeting thereof, held on the
October
day of
, 1996, by the following vote, to wit:
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RES 96-305
1 RESOLUTION TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO
INDUSTRIAL MEDICAL CLINIC RELATING TO MEDICAL SERVICES.
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3 COUNCIL MEMBERS:
4 NEGRETE
5 CURLIN
6 ARIAS
7 OBERHELMAN
8 DEVLIN
9 ANDERSON
10 MILLER
AYES
NAYS
ABSTAIN
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~LE~
~l'The foregoing resolution is hereby approved this
L day of October , 1996.
'.--j fi
'~/r(J/ua6? \
, Tom Minor, Mayor .
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN
23 City Attorney
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26 By: )~hv'~ t.
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ABSENT
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RES 96-305
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EXHIBIT A
AGREEMENT
HIS AGREEMENT is made
alifornia, this .:/j
and entered into at San Bernardino
day of 'ht/lt~?;/cI/CJi.. ,1996, by and
etween the CITY OF SAN BERNARDINO, a municipal corporation
6 ereinafter called "CITY", and ADVANTAGE CARE MEDICAL GROUP,
7 INC., hereinafter called "Medical Clinic".
8 The parties agree as follows:
9 1. Services. Upon request and referral by City,
10 Medical Clinic shall conduct pre-employment physicals and
11 evaluations and provide other medical services for City. Such
12 services shall include, but not be limited to, the following:
13 (a) providing central coordination of medical data
14 and information related to pre-employment physicals and
15 evaluations for City;
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(b) obtaining the medical history of and personally
17 examining and reviewing all medical tests pertaining to
18 persons referred by City in accordance with the specifics set
19 forth in Exhibit "A", attached hereto and incorporated herein
20 by reference;
21 (c) upon specific request of City, taking x-rays
22 and conducting other medical tests and providing City an
23 evaluation thereof; and
24 (d) providing city a summary and evaluation in
25 regards to exams conducted hereunder. Any such summary or
26 evaluation shall be in a form as permitted under California
27 civil Code section 56.10 unless a document signed by the
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96 305
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examinee is received by Medical Clinic which authorizes the
release to the City of more extensive medical information.
2. Payment - Class II and III physicals. City shall
pay Physician $30.00 for each person that City refers for a
pre-employment physical examination and evaluation. said
physical examination shall specifically include, but not be
limited to, the items listed on Exhibit A, except as to those
items listed as "optional", or for which a stated additional
charge follows. Any item designated as "optional" shall mean
optional at the instance of City, and city shall pay Medical
Clinic for such optional services as may be required by the
city as follows: Department of Motor Vehicle license exam,
$30.00 in addition to regular physical exam fee if both exams
are conducted; three view back x-ray, $30.00; chest x-ray,
$25.00; flexibility and mobility tests, $15.00; chemical panel
(LDH, SGOT, Bilirubin) $23.00; tuberculin skin tests, $10.00;
electrocardiogram, $25.00; drug screening for general abuse
drugs, $31.00. Class I physicals - City shall pay Medical
Clinic $180.00 for each person that City refers for a pre-
employment physical examination and evaluation. Said
examination shall specifically include, but not limited to,
the items listed on Exhibit A, except as to those items listed
as "optional", or for which a stated additional charge
follows. Any item designated as "optional" shall mean
optional at the instance of City, and City shall pay Medical
Clinic as follows: steroid Evaluation Drug Screen Panel,
$150.00; Standing EKG, $20.00.
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96' 305
1 3. Report and Recommendation. Following each
2 completed Class II and III examination a written report and
3 recommendation including significant findings and limitations
4 shall be prepared by Medical Clinic in the form set forth at
5 I (d) above and shall be forwarded to city within three days of
6 completion of the examination. Class I physical examinations
7 shall be forwarded to city within seven days of completion of
8 the examination. When the report reflects "normal" in an area
9 of examination, the statement shall mean that all applicable
10 items to be reviewed or examined have been so reviewed or
11 examined and that no significant adverse findings or
12 limitations were discovered.
13 4. Additional Duties and Responsibilities. Medical Clinic
14 shall specifically assume the following additional duties and
15 responsibilities at a price to be agreed upon in advance of
16 such services by the parties.
17 (a) Appeals. In the event an unsuccessful
18 applicant appeals his or her rejection to the Civil Service
19 Board, Medical Clinic shall re-examine and re-evaluate the
20 appellant and provide information, in person or by
21 comprehensive narrative report, to the Civil Service Board
22 about the appellant's present medical limitations.
23 (b) Modifying guidelines. city may require expert
24 medical advice and consultation (including research results
25 and recommendations) on occasion for determining new, or
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RES 96-305
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revising existing, medical guidelines or changes in medical
procedures and examinations for future specific needs.
(c) Current employees. Medical Clinic shall
examine current employees with problematic medical symptoms or
conditions at city referral to determine if the employees are
physically able to safely perform their duties.
5. Billing. Medical Clinic shall bill city monthly and
said statement shall include the names of the persons examined
and the dates of the examinations. City will accept charges
only for those services first requested by City.
6. Equipment and Personnel. Medical Clinic hereby
agrees to have equipment and personnel for back-up and
emergencies to assure prompt scheduling of medical
examinations. Medical Clinic shall conduct any examinations
or testing within five working days of city's request for
scheduling the exams or tests. Medical Clinic shall designate
a competent physician or group of physicians to perform all
obligations pursuant to and in accordance with the terms of
this agreement in the event Physician is temporarily
unavailable to render services required. Medical Clinic
hereby covenants that any such physician or group of
physicians shall be competent with respect to the specific
tasks to be performed.
7. Assignment. This agreement may not be assigned by
either party hereto.
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96' 305
1 8. Hold harmless. Medical Clinic hereby agrees to, and
2 shall hold City, its elective and appointive boards,
3 commissions, officers, agents and employees harmless from any
4 liability for damage or claims for damage for personal injury,
5 including death, as well as for claims for property damage
6 which may arise from Medical Clinic's operations and
7 activities under this agreement, whether such operations and
8 activities be by Medical Clinic or by anyone or more persons
9 directly or indirectly employed by or acting as agent for
10 Medical Clinic. Medical Clinic agrees to and shall defend
11 City and its elective and appointive boards, commissions,
12 officers, agents and employees from any suits or actions at
13 law or in equity for damages caused, or alleged to have been
14 caused, by reason of any of Medical Clinic's operations or
15 acts or omissions and activities hereunder.
16 9. Insurance. Medical Clinic shall be insured by an
17 insurance carrier acceptable to City against loss from public
18 liability arising from any operation or activity of the
19 Medical Clinic or employees in connection with the performance
20 of this agreement. Minimum coverage shall be one million
21 dollars combined single limit liability, to include medical
22 malpractice insurance. A copy of the policy of insurance
23 shall be filed with the Risk Management Division of City and
24 shall name the City of San Bernardino as an additional
25 insured. Said policy shall specify that the policy may not be
26 terminated, altered or cancelled without thirty (30) days
27 prior written notice to the city by the insurance company.
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96 305
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10. Workers' compensation. Medical Clinic's employees
2 shall be covered by workers' compensation insurance in an
3 amount and form to meet all applicable requirements of the
4 Labor Code of the state of California and which specifically
5 covers all persons providing services on behalf of Medical
6 Clinic and all risks to such persons under this agreement.
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11. Term.
This agreement shall be effective as of
8 the date of execution by City, and shall terminate July 31,
9 1997.
10 12. Right of Termination. City and Medical Clinic shall
11 have the right to terminate this agreement at any time by the
12 giving of thirty days advance written notice to the other
13 party.
14 13. Notices. All notices hereunder shall be by
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certified mail, postage prepaid,
addressed as follows:
~iI,'l<JIA(;.t- <:"/\Il[ /11/:.o'<.../'\L
..fjaJa BeL ua.... dino (;,/L:,'-.,!;.T;.,.
..IRdlistrial Uedical
Clinic - suite 108
599 Inland Center Dr.
San Bernardino, CA 92408
civil service Department
Chief Examiner
300 N. "0" Street
San Bernardino, CA 92418
19 14. Independent Contractor. Medical Clinic shall act as
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an independent contractor in the performance of services
provided under this agreement and shall furnish such services
in Medical Clinic's own manner and methods and in no respect
be considered an agent or employee of city.
15. Entire Agreement. This agreement represents the
entire agreement between the parties and any amendments and/or
addenda shall be made in writing between the parties and
attached to this agreement.
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RES 96-305
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96. 305
GROUP I MEDICAL EXAMINATION EXHIBIT A
GROUP I: Employees in the classifications of Police and Fire
Sworn employees and Police and Fire Dispatchers.
Personal and family health history questionnaire review.
Complete physical examination including:
Height
Weight
Blood Pressure
Pulse (before and after exercise)
Eyes (field of vision, extra ocular movements, pupils,
fundi)
Ears: tympanic membrane, wax
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen & Viscera - liver, kidneys, spleen
External genitalia (men) and hernia check (all)
Skin
Spine
Extremities
Lymph nodes
Nervous system
3.
Laboratory studies:
Urinalysis: Sugar and Albumin
Hematology: Lipid Panel
4.
Radiological Studies:
Lumbar Spine X-Rays (Sworn employees - 5 views)
Chest X-Ray (Dispatchers-ONLY with history of smoking)
5.
Drug Screening for general abuse of drugs GCMS
confirmation on all positive screens. steroid Evaluation
Drug Panel (Sworn employees - optional)
Mobility and Flexibility tests (includes grip strength,
drawer sign, etc.)
Treadmill EKG where history or other tests suggest
problems (optional)
Standing EKG (Sworn employees only. Optional subject to
other test results.)
6.
Pre-Employment TB testing
Written report of findings by physician within seven days
of completion of the examination.
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RES 96-305
96 305
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GROUP II MEDICAL EXAMINATION
GROUP II: Employees for heavy labor, skilled trades, equipment
operation, refuse collection, and grounds maintenance
classifications. These jobs require one or more of the
following; lifting and/or carrying weights of more than 50
pounds; repetitive awkward motions of the trunk or the back;
frequent bending, squatting, climbing or prolonged standing.
1.
Personal and family health history questionnaire review.
2.
Complete physical examination including:
Height
Weight
Blood pressure
Pulse before and after exercise
Eyes: Field of vision, extra ocular movements, pupils,
fundi
Tympanic membrane, wax
mouth, throat, dental hygiene
Ears:
Nose,
Neck
Chest
Heart
Lungs
Abdomen -Liver, Spleen
External genitalia (men) and hernia check (all)
Skin
Spine
Extremities
Lymph nodes
Nervous system
(NOTE: Any abnormalities, Le., umbilical hernia, surgioal
soars, eto., must be noted by the physioian.)
3.
Eye test: (Corrected & Uncorrected) Near and Distant
Vision, Peripheral and Color Vision. (Use of Titmus II
testing equipment or its equivalent is required.)
Hearing test: Audiometric testing using a PureTone
Audiometer and Soundproof Booth. Testing levels of 500,
1000, 2000, 3000, 4000, 6000 Hz.
4.
Radiological studies:
Two view lumbar spine x-ray
5.
6.
Laboratory studies:
Urinalysis: Sugar and Albumin
7.
Mobility and flexibility tests (to include Jarmar Grip
Test)
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96 305
Pre-employment Drug and Alcohol Screening - A screening
test for evidence of the use of the following drugs:
Marijuana, Cocaine, Opiates, Amphetamines and
Phencyclidine. The following positions shall undergo pre-
employment substance screening:
Coach Operator
Heavy Equipment Operator
Park Maintenance Worker III
Motor Sweeper Operator
Refuse Operator I, II & III
Maintenance Worker II
Lead Maintenance Worker
DMV Exam - Conducted using the specific instructions
provided by DMV Form DL-5l for each category and any
deviation will be reported by the Physician to the Chief
Examiner.
Written report of findings
Examiner within seven (7)
examination.
by physician to the Chief
working days from day of
RES 96-305
Complete physical examination by physician including:
Height
Weight
Blood pressure
Pulse (before and after exercise)
Eyes: Field of vision, extra ocular movements, pupils,
fundi
Ears: Tympanic membrane, wax
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen - liver, spleen
External genitalia (men) and hernia check (all)
Skin
Spine
Extremities
Lymph nodes
Nervous system
(NOTE: Any abnormalities, Le., umbilical hernia, surgical
scars, etc., must be noted by the physician.)
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96
305
GROUP III EXAMINATIONS
GROUP III: Miscellaneous classifications - light to moderate
physical demands upon employees:
1.
Review of personal data and family health history
questionnaire.
Proof of immunization record to exam1n1ng physician with
copy to be held on file (Equivalent to State of
California requirements upon entry to education system).
Positions in this category are the Recreation Series,
Food Handlers, Lifeguard Series, Teacher/Director,
Teacher and Teacher Aide.
3.
Eye test: (Corrected & Uncorrected) Near and distant
vision and color vision. (Use of Titmus II testing
equipment or its equivalent is required.)
Color vision
Hearing test: Audiometric testing using a PureTone
Audiometer and soundproof booth. (Testing levels of 500,
1000, 2000, 3000, 4000, 6000 Hz).
Laboratory studies: Urinalysis Sugar and Albumin
T.B. test for employees involved in work in the close
proximity of children. positions in this category are
the Food Handlers, Teacher/Director, Teacher, Teacher
Aide, Recreation series and Lifeguard series.
RES 96-305
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96 305
Proof of immunization record to examining physician with
copy to be held on file (Equivalent to state of
California requirements upon entry to education system).
positions in this category are the Recreation series,
Food Handlers, Lifeguard series, Teacher/Director,
Teacher and Teacher Aide.
written report of findings
Examiner within seven (7)
examination.
by physician to the Chief
working days from day of
RES 96-305
96' 305
PRE-EMPLOYMENT MEDICAL EXAMINATION
FOR
EMPLOYEES IN THE POLICE AND
FIRE SAFETY CLASSIFICATIONS
Personal and family health history questionnaire review.
Complete physical examination including:
Height
Weight
Blood Pressure
Pulse (before and after exercise)
Eyes (field of vision, extra ocular movements, pupils,
fundi. FOR POLICE SAFETY ONLY: appropriate examination
for visual acuity and color recognition ability using
Titmus II tester or its equivalent)
Ears (tympanic membrane, wax, and audio testing using an
audiometer and sound proof booth)
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen & Viscera - liver, kidneys, spleen
External genitalia (men) and hernia check (all)
Skin
Spine
Extremities
Lymph nodes
Nervous system
Laboratory studies:
Urinalysis: Sugar and Albumin
Hematology: Lipid Panel
Radiological Studies:
Lumbar Spine X-Rays (5 views)
Chest X-Ray
Pre-employment Drug Screening - GCMS conformation on all
positive screens.
Steroid evaluation drug screen panel (optional)
Mobility and Flexibility tests (to include Jarmar grip
test.)
Standing EKG (optional - subject to other test results)
Pulmonary function/Spirometer
Pre-employment TB testing
Written report of findings by physician within seven (7)
working days from day of the examination.
RES 96-305
96 - 305
1 AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL CLINIC,
RELATING TO MEDICAL SERVICES.
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IN WITNESS WHEREOF, this agreement has been executed by
the parties effective as the date and year first above
written.
8 ATTEST:
9
M~~
10 citN:lerk
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Approved As to Form
12 and Legal Content.
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James F. Penman
City ~ttorney iJ
I ! , Y,
BY: \...Jt1..~,;> (". V {:;"1/l''1/''-tf"
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CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
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~~; cm'1Illt1Lf'-
Tom Minor, Mayor
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