Loading...
HomeMy WebLinkAbout1995-233 . 1 95-233 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 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the city of San Bernardino is hereby authorized and directed to execute on behalf of said 7 City an agreement with San Bernardino Industrial Medical 8 Clinic for the purpose of conducting medical services for the 9 city, copy of which is attached hereto, marked Exhibit "A", 10 11 12 13 and incorporated herein by reference as fully as though set forth at length. This agreement is effective August 1, 1995 and terminates on July 31, 1996. 14 SECTION 2. This agreement shall not take affect until The city shall not fully signed and executed by all parties. 15 16 be obligated hereunder unless and until the Agreement is fully executed and no oral agreement relating thereto shall be 17 implied or authorized. 18 SECTION 3. The authorization to execute the above 19 referenced agreement is rescinded if the parties to the 20 agreement fail to execute it within sixty (60) days of the 21 passage of this resolution. 22 23 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the 24 adjourned Bernardino at an regular meeting thereof, held 25 26 city of San 10th on the day of July , 1995, by the following vote, to wit: 27 II 28 II T) _ 1 RESOLUTION TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL CLINIC RELATING TO MEDICAL SERVICES. AYES NAYS X X X X X X X 2 3 COUNCIL MEMBERS: 4 NEGRETE 5 CURLIN 6 HERNANDEZ 7 OBERHELMAN 8 DEVLIN 9 POPE-LUDLAM 10 MILLER 11 12 13 14 ABSTAIN 2c~~ CITY CLERK 1The foregoing resolution is hereby approved this /3* day of .T1I1 y , 1995. 15 16 17 18 19 20 Approved as to 21 form and legal content: 22 JAMES F. PENMAN 23 city Attorney 24 ~. [7g , / 87Yl ~A~ Tom Minor, Mayor city of San Bernardino ABSENT 25 7: fe~-.. 26 27 II 28 II 2 95-233 1 2 EXHIBIT A AGREEMENT 3 THIS AGREEMENT is made and entered into at San Bernardino 4 California, this s;AJ:{ day of ,;2111 , 1995, by and 5 between the CITY OF SAN BERNARDINO, a municipal corporation 6 hereinafter called "CITY", and SAN BERNARDINO INDUSTRIAL 7 MEDICAL CLINIC, hereinafter called "Medical Clinic". 8 The parties agree as follows: 9 1. Services. Upon request and referral by city, 10 Medical Clinic shall conduct pre-employment physicals and 11 evaluations and provide other medical services for city. Such 12 services shall include, but not be limited to, the following: 13 (a) providing central coordination of medical data 14 and information related to pre-employment physicals and 15 evaluations for city; 16 (b) obtaining the medical history of and personally 17 examining and reviewing all medical tests pertaining to 18 persons referred by city in accordance with the specifics set 19 forth in Exhibit "A", attached hereto and incorporated herein 20 by reference; 21 (c) upon specific request of City, taking x-rays 22 and conducting other medical tests and providing City an 23 evaluation thereof; and 24 (d) providing City a summary and evaluation in 25 regards to exams conducted hereunder. Any such summary or 26 evaluation shall be in a form as permitted under California 27 Civil Code Section 56.10 unless a document signed by the 28 1 examinee is received by Medical Clinic which authorizes the 2 release to the City of more extensive medical information. 3 2. Payment - Class II and III physicals. city shall 4 pay Physician $30.00 for each person that city refers for a 5 pre-employment physical examination and evaluation. said 6 physical examination shall specifically include, but not be 7 limited to, the items listed on Exhibit A, except as to those 8 items listed as "optional", or for which a stated additional 9 charge follows. Any item designated as "optional" shall mean 10 optional at the instance of city, and City shall pay Medical 11 Clinic for such optional services as may be required by the 12 City as follows: Department of Motor Vehicle license exam, 13 $30.00 in addition to regular physical exam fee if both exams 14 are conducted; three view back x-ray, $30.00; chest x-ray, 15 $25.00; flexibility and mobility tests, $15.00; chemical panel 16 (LDH, SGOT, Bilirubin) $23.00; tuberculin skin tests, $10.00; 17 electrocardiogram, $25.00; drug screening for general abuse 18 drugs, $31.00. Class I physicals - city shall pay Medical 19 Clinic $180.00 for each person that city refers for a pre- 20 employment physical examination and evaluation. said 21 examination shall specifically include, but not limited to, 22 the items listed on Exhibit A, except as to those items listed 23 as "optional", or for which a stated additional charge 24 follows. Any item designated as "optional" shall mean 25 optional at the instance of City, and City shall pay Medical 26 Clinic as follows: steroid Evaluation Drug Screen Panel, 27 $150.00; Standing EKG, $20.00. 28 2 ,'--.[~,:> :::-,':<: 1 3. Report and Recommendation. Following each 2 completed Class II and III examination a written report and 3 recommendation including significant findings and limitations 4 shall be prepared by Medical Clinic in the form set forth at 5 1 (d) above and shall be forwarded to City within three days of 6 completion of the examination. Class I physical examinations 7 shall be forwarded to city within seven days of completion of 8 the examination. When the report reflects "normal" in an area 9 of examination, the statement shall mean that all applicable 10 items to be reviewed or examined have been so reviewed or 11 examined and that no significant adverse findings or 12 limitations were discovered. 13 4. Additional Duties and Responsibilities. Medical Clinic 14 shall specifically assume the following additional duties and 15 responsibilities at a price to be agreed upon in advance of 16 such services by the parties. 17 (a) Appeals. In the event an unsuccessful 18 applicant appeals his or her rejection to the civil service 19 Board, Medical Clinic shall re-examine and re-evaluate the 20 appellant and provide information, in person or by 21 comprehensive narrative report, to the civil service Board 22 about the appellant's present medical limitations. 23 (b) Modifying guidelines. City may require expert 24 medical advice and consultation (including research results 25 and recommendations) on occasion for determining new, or 26 27 28 3 ,r/,-- ~ -. ..... ,{.-.,--_.., ...' ..c:.. 1 revising existing, medical guidelines or changes in medical 2 procedures and examinations for future specific needs. 3 (cl Current employees. Medical Clinic shall 4 examine current employees with problematic medical symptoms or 5 conditions at City referral to determine if the employees are 6 physically able to safely perform their duties. 7 5. Billing. Medical Clinic shall bill city monthly and 8 said statement shall include the names of the persons examined 9 and the dates of the examinations. City will accept charges 10 only for those services first requested by city. 11 6. Equipment and Personnel. Medical Clinic hereby 12 agrees to have equipment and personnel for back-up and 13 emergencies to assure prompt scheduling of medical 14 examinations. Medical Clinic shall conduct any examinations 15 or testing within five working days of city's request for 16 scheduling the exams or tests. Medical Clinic shall designate 17 a competent physician or group of physicians to perform all 18 obligations pursuant to and in accordance with the terms of 19 this agreement in the event Physician is temporarily 20 unavailable to render services required. Medical Clinic 21 hereby covenants that any such physician or group of 22 physicians shall be competent with respect to the specific 23 tasks to be performed. 24 7. Assignment. 25 either party hereto. 26 27 28 This agreement may not be assigned by 4 1 8. Hold harmless. Medical Clinic hereby agrees to, and 2 shall hold City, its elective and appointive boards, 3 commissions, officers, agents and employees harmless from any 4 liability for damage or claims for damage for personal injury, 5 including death, as well as for claims for property damage 6 which may arise from Medical Clinic's operations and 7 activities under this agreement, whether such operations and 8 activities be by Medical Clinic or by 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. 5 28 1 10. Workers' compensation. Medical Clinic's employees 2 shall be covered by workers' compensation insurance in an 3 amount and form to meet all applicable requirements of the 4 Labor Code of the state of California and which specifically 5 covers all persons providing services on behalf of Medical 6 Clinic and all risks to such persons under this agreement. 7 11- Term. This agreement is effective August 1, 8 1995, and shall terminate July 31, 1996. 9 12. Right of Termination. City and Medical Clinic shall 10 have the right to terminate this agreement at any time by the 11 giving of thirty days advance written notice to the other 12 party. 13 13. Notices. All notices hereunder shall be by 14 certified mail, postage prepaid, addressed as follows: 15 16 17 civil Service Department Chief Examiner 300 N. "D" Street San Bernardino, CA 92418 San Bernardino Industrial Medical Clinic - suite 108 599 Inland Center Dr. San Bernardino, CA 92408 18 14. Independent Contractor. Medical Clinic shall act as 19 an independent contractor in the performance of services 20 provided under this agreement and shall furnish such services 21 in Medical Clinic's own manner and methods and in no respect 22 be considered an agent or employee of City. 23 15. Entire Agreement. This agreement represents the 24 entire agreement between the parties and any amendments and/or 25 addenda shall be made in writing between the parties and 26 attached to this agreement. 6 27 28 ~- 1 AGREEMENT WITH SAN BERNARDINO INDUSTRIAL MEDICAL CLINIC, RELATING TO MEDICAL SERVICES. 2 3 IN WITNESS WHEREOF, this agreement has been executed by 4 the parties effective as the date and year first above 5 written. 6 CITY OF SAN BERNARDINO, a 7 Municipal Corporation of the State of California 8 ATTEST: ~)U~ 9 Ci~~ Ce--tJ--,-<j,_ ' Tom Minor, Mayor 10 11 12 Approved As to Form and Legal Content. 13 14 James F. Penman 15 City Attorney 16 L 7-. ~ BY: 17 0 II 18 19 II 20 II 21 II 22 II 23 II 24 II 25 II 26 II 27 II 7 28 Dr. Seymour Rosenblum Primary Officer San Bernardino Industrial Medical Clinic 1 GROUP I MEDICAL EXAMINATION EXHIBIT A GROUP I: Employees in the classifications of Police and Fire 2 Sworn employees and Police and Fire Dispatchers. 3 1. 4 2. 5 6 7 8 9 10 11 12 13 14 3. 15 16 4. 17 18 5. 19 20 6. 21 22 7. 23 24 8. 25 9. 26 27 28 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 Laboratory studies: Urinalysis: Sugar and Albumin Hematology: Lipid Panel Radiological Studies: Lumbar Spine X-Rays (Sworn employees - 5 views) Chest X-Ray (Dispatchers-ONLY with history of smoking) 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.) Pre-Employment TB testing Written report of findings by physician within seven days of completion of the examination. <:-- 1 GROUP II MEDICAL EXAMINATION 2 GROUP II: Employees for heavy labor, skilled trades, equipment operation, refuse collection, and grounds maintenance 3 classifications. These jobs require one or more of the following; lifting and/or carrying weights of more than 50 4 pounds; repetitive awkward motions of the trunk or the back; frequent bending, squatting, climbing or prolonged standing. 5 6 7 8 9 10 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 16 Nervous system (NOTE: Any abnormalities, Le., umbilical hernia, surgical 17 scars, etc., must be noted by the physician.) 11 12 13 14 15 18 3. 19 20 4. 21 22 5. 23 6. 24 7. 25 26 27 28 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. Radiological studies: Two view lumbar spine x-ray Laboratory studies: Urinalysis: Sugar and Albumin Mobility and flexibility tests (to include Jarmar Grip Test) i ' ~ - -, 1 8. 2 3 4 5 6 7 8 9. 9 10 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 If 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 wi thin seven (7) examination. by physician to the Chief working days from day of 1 GROUP III EXAMINATIONS 2 GROUP III: Miscellaneous classifications - light to moderate physical demands upon employees: 3 l. 4 5 2. 6 7 8 3. 9 10 11 12 13 14 15 16 17 18 Review of personal data and family health history questionnaire. 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. 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 19 (NOTE: Any abnormalities, i.e., umbilical hernia, surgical scars, etc., must be noted by the physician.) 20 21 22 23 5. 24 25 6. 26 7. 27 28 4. Eye test: (Corrected & Uncorrected) Near and distant vision and color vision. (use of Titmus II testing equipment or its equivalent is required.) Color vision 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. 1 8. 2 3 4 5 9. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ",,,:,:"" 1 2 3 1. 4 2. 5 6 7 8 9 10 11 12 13 14 15 16 3. 17 18 4. 19 20 5. 21 22 23 6. 24 7. 25 8. 26 9. 27 28 95-233 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 - GeMS 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 10. Pre-employment TB testing Written report of findings by physician within seven (7) working days from day of the examination.