HomeMy WebLinkAbout1992-200
1 RESOLUTION NO. 92-200
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AGREEMENT WITH ARNOLD M. STEIN, M. D., RELATING TO
MEDICAL SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
city an agreement with Dr. Arnold M. stein 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 July 1, 1992 and terminates on June 30,
1993.
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referenced agreement is rescinded if the parties to the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 Common Council of the City of San
Bernardino at a
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day of June
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regular meeting thereof, held on the 15th
, 1992, by the following vote, to wit:
1 RESOLUTION TO EXECUTE AN AGREEMENT WITH ARNOLD M. STEIN, M.D.
RELATING TO MEDICAL SERVICES.
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3 COUNCIL MEMBERS:
4 ESTRADA
5 REILLY
6 HERNANDEZ
7 MAUDSLEY
8 MINOR
9 POPE-LUDLAM
10 MILLER
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AYES
NAYS
ABSTAIN
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The foregoing resolution is hereby approved this
18th day of June ,1992.
77//./ ,
~'~'/~O(~~mb: ~ayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN
23 City Attorney
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f. R,~~
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City of S Bdno Res 92-200 adopted 6/15/92
1 EXHIBIT A
2 AGREEMENT
3 THIS AGREEMENT is made and entered into at San Bernardino
4 California, this ~ 0); day of () ~O ' 1992, by and
5 between the CITY OF SAN BERNARDINO, a municipal corporation
6 hereinafter called "CITY", and ARNOLD M. STEIN, M.D.,
7 hereinafter called "Physician".
8 The parties agree as follows:
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1.
Services. Upon request and referral by City,
10 Physician shall conduct pre-employment physicals and
il evaluations and provide other medical services for city. Such
12 services shall include, but not be limited to, the following:
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(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;
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(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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examinee is received by Physician which authorizes the
release to the city of more extensive medical information.
2. Payment. city shall pay Physician $38.00 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 Physician for such optional
services as may be required by the city as follows: Department
of Motor Vehicle license exam, $30.00, or $15.00 in addition
to regular physical exam fee if both exams are conducted; two
view back x-ray, $71.50; chest x-ray, $36.30; lipid test
panel, $19.00; flexibility and mobility tests, $27.00;
hemoglobin study, $6.00; tuberculin skin test, $5.00;
electrocardiogram, $45.00; drug screening for general abuse
drugs, $22.00.
3. Report and Recommendation. Following each completed
examination a written report and recommendation including
significant findings and limitations shall be prepared by
Physician in the form set forth at l(d) above and shall be
City within three days of completion of the
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forwarded to
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examination.
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1 When the report reflects "normal" in an area of
2 examination, the statement shall mean that all applicable
3 items to be reviewed or examined have been so reviewed or
4 examined and that no significant adverse findings or
5 limitations were discovered.
6 4. Additional Duties and Responsibilities. Physician
7 shall specifically assume the following additional duties and
8 responsibilities at a price to be agreed upon in advance of
9 such services by the parties.
10 (a) Appeals. In the event an unsuccessful
il applicant appeals his or her rejection to the civil service
12 Board, Physician shall re-examine and re-evaluate the
13 appellant and provide information, in person or by
14 comprehensive narrative report, to the civil Service Board
15 about the appellant's present medical limitations.
16 (b) Modifying guidelines. City may require expert
17 medical advice and consultation (including research results
18 and recommendations) on occasion for determining new, or
19 revising existing, medical guidelines or changes in medical
20 procedures and examinations for future specific needs.
21 (c) Current employees. Physician shall examine
22 current employees with problematic medical symptoms or
23 conditions at City referral to determine if the employees are
24 physically able to safely perform their duties.
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5.
Billing. Physician shall bill City monthly and said
2 statement shall include the names of the persons examined and
3 the dates of the examinations. City will accept charges only
4 for those services first requested by City.
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6.
Equipment and Personnel. Physician hereby
6 agrees to have equipment and personnel for back-up and
7 emergencies to assure prompt scheduling of medical
8 examinations. Physician shall conduct any examinations or
9 testing within five working days of City's request for
10 scheduling the exams or tests. Physician shall designate a
il competent physician or group of physicians to perform all
12 obligations pursuant to and in accordance with the terms of
13 this agreement in the event Physician is temporarily
14 unavailable to render services required. Physician hereby
15 covenants that any such physician or group of physicians shall
16 be competent with respect to the specific tasks to be
17 performed.
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7.
Assignment. This agreement may not be assigned by
19 either party hereto.
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8.
Hold harmless. Physician hereby agrees to, and
21 shall hold City, its elective and appointive boards,
22 commissions, officers, agents and employees harmless from any
23 liability for damage or claims for damage for personal injury,
24 including death, as well as for claims for property damage
25 which may arise from Physician's operations and activities
26 under this agreement, whether such operations and activities
27 be by Physician or by anyone or more persons directly or
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1 indirectly employed by or acting as agent for Physician.
2 Physician agrees to and shall defend city and its elective and
3 appointive boards, commissions, officers, agents and employees
4 from any suits or actions at law or in equity for damages
5 caused, or alleged to have been caused, by reason of any of
6 Physician's operations or acts or omissions and activities
7 hereunder.
8 9.
9 insurance
10 liability
il Physician
Insurance. Physician shall be insured by an
carrier acceptable to City against loss from public
arising from any operation or activity of the
or employees in connection with the performance of
12 this agreement. Minimum coverage shall be one million dollars
13 combined single limit liability, to include medical
14 malpractice insurance. A copy of the policy of insurance
15 shall be filed with the Risk Management Division of City and
16 shall name the City of San Bernardino as an additional
17 insured. Said policy shall specify that the policy may not be
18 terminated, altered or cancelled without thirty (30) days
19 prior written notice to the City by the insurance company.
20 10. Workers' compensation. Physician's employees
21 shall be covered by workers' compensation insurance in an
22 amount and form to meet all applicable requirements of the
23 Labor Code of the State of California and which specifically
24 covers all persons providing services on behalf of Physician
25 and all risks to such persons under this agreement.
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11. Term.
This agreement shall be effective as of
2 the date of execution by City, and shall terminate June 30,
3 1993.
4 12. Right of Termination. city and Physician shall have
5 the right to terminate this agreement at any time by the
6 giving of thirty days advance written notice to the other
7 party.
8 13. Notices. All notices hereunder shall be by
9 certified mail, postage prepaid, addressed as follows:
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civil Service Department
Chief Examiner
300 N. "D" Street
San Bernardino, CA 92418
Arnold M. Stein, M.D.
355 East 21st Street
San Bernardino, CA 92404
14. Independent Contractor. Physician shall act as an
independent contractor in the performance of services provided
under this agreement and shall furnish such services in
Physician'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 andlor
agenda shall be made in writing between the parties and
attached to this agreement.
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1 AGREEMENT WITH DR. ARNOLD M. STEIN, M.D., RELATING TO MEDICAL
SERVICES.
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3 IN WITNESS WHEREOF, this agreement has been executed by
4 the parties effective as the date and year first above
5 written.
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8 ATTEST:
1: ~~r~
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Approved As to Form
12 and Legal Content.
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Arnold M. Ste~n, M.D.
1.0. No. 95-2637144
14 James F. Penman
City Attorney
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15 3.
Res 92-200
GROUP I MEDICAL EXAMINATION
EXHIBIT A
GROUP I: Employees in the classifications of Police and Fire
Dispatcher.
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1. Personal and family health history questionnaire review.
2.
Complete physical examination including:
Height
Weight
Blood Pressure
Pulse (before and after exercise)
Eyes (field of vision, extra ocular movements, pupils,
fundi)
Ears: tympanic membrane, wax
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen & 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
Chest X-Ray (ONLY with history of smoking)
Drug Screening for general abuse of drugs
Mobility and Flexibility tests (includes grip strength,
drawer sign, etc.)
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Treadmill EKG where history or other tests suggest
problems (optional)
Pre-Employment TB testing
written report of findings by physician
Res. 92-200
1 GROUP II MEDICAL EXAMINATION
2 GROUP II: Employees for heavy labor, skilled trades, equipment
operation, trash 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.
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2.
1. 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
Eye test: Near and distant vision (Snelling chart)
Color vision
Hearing test: Tuning fork
Radiological studies: Two view lumbar spine x-ray
Laboratory studies:
Urinalysis: sugar and Albumin
Mobility and flexibility tests (including grip strength,
drawer sign, etc.)
Write report of exam findings by physician.
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Res 92,-,200
1 GROUP XXX EXAMXNATXONS
2 GROUP III: Miscellaneous classifications - light to moderate
physical demands upon employees:
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Review of personal data and family health history
questionnaire review.
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 & Viscera - liver, kidney, spleen
External genitalia (men) and hernia check (all)
Skin
Spine
Extremities
Lymph nodes
Nervous system
Eye test: Near and distant vision (Snelling chart)
Color vision
Hearing test: Tuning fork
Laboratory studies:
Urinalysis: Sugar and Albumin
Hematology: Hemoglobin
T.B. test for food handlers and employees involved in
work in the close proximity of children (optional)
Written report of findings by physician
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