HomeMy WebLinkAbout1991-386
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RESOLUTION NO.
91 386
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN 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,
1991 and terminates on June 30, 1992.
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referenced agreement is rescinded if the parties to the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
reqular
meeting thereof,
held on the
3rd
day of September , 1991, by the
following vote to wit:
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RESOLUTION TO EXECUTE AN AGREEMENT WITH ARNOLD M. STEIN,
M.D. RELATING TO MEDICAL SERVICES.
COUNCIL MEMBERS: AYES
ESTRADA x
REILLY x
HERNANDEZ x
MAUDSLEY X
MINOR X
POPE-LUDLAM X
MILLER
ABSTAIN
ABSENT
NAYS
X
a..v..LL /}~~
city Clerk
The foregoing resolution is hereby approved this
5th day of September
1991.
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W. R. 1Iolcomb, Mayor
City of San Bernardino
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20 Approved as to
form and legal content:
22 JAMES F. PENMAN
city Attorney
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. ? C/VV^,.".A-.
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Res. 91-386
A G R E E MEN T
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2 THIS AGREEMENT is made and entered into at San Bernardino
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california, this
day of
SEP 1 6
,1991, by
4 and between the CITY OF SAN BERNARDINO, a municipal corpor-
5 ation hereinafter called "CITY", and ARNOLD M. STEIN, M.D.,
6 hereinafter called "Physician".
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The parties hereto agree as follows:
1.
Services.
Upon request and
referral by
City,
9 Physician shall conduct pre-employment physicals and evalu-
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ations and provide other medical services for City.
Such
11 services shall include, but not be limited to, the following:
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(a)
providing central coordination of medical
13 data and information related to pre-employment physicals and
14 evaluations for City;
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(b)
obtaining the medical history of and per-
16 sonally examining and reviewing all medical tests pertaining
17 to persons referred by city in accordance with the specifics
18 set forth in Exhibit "A", attached hereto and incorporated
19 herein by reference;
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(c)
upon specific request of city, taking x-rays
21 and conducting other medical tests and providing city an
22 evaluation thereof; and
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(d) providing City a summary and evaluation in
24 regards to exams conducted hereunder. Any such summary or
25 evaluation shall be in a form as permitted under California
26 Civil Code Section 56.10 unless a document signed by the
27 examinee is received by the physician which authorizes the
28 release to the city of more extensive medical information.
(Continued)
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2. Payment. City shall pay Physician $38.00 for each
person that city refers for a pre-employment physical exam-
ination 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: Depart-
ment 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 com-
pleted 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 forwarded to city within three days of completion of
the examination. When the report reflects "normal" in an
area of examination, the statement shall mean that all
applicable items to be reviewed or examined have been so
reviewed or examined and that no significant adverse findings
or limitations were discovered.
(Continued)
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4.
Additional Duties and Responsibilities. Physician
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shall specifically assume the following additional duties and
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responsibilities at a price to be agreed upon in advance of
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such services by the parties.
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(a)
Appeals.
In the event an unsuccessful
6 applicant appeals his or her rejection to the civil Service
7 Board, Physician shall re-examine and re-evaluate the appel-
8 lant and provide information, in person or by comprehensive
9 narrative report, to the civil service Board about the
10 appellant's present medical limitations.
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(b)
Modifying guidelines.
City may require expert
12 medical advice and consultation (including research results
13 and recommendations) on occasion for determining new, or
14 revising existing, medical guidelines or changes in medical
15 procedures and examinations for future specific needs.
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(c)
Current employees. Physician shall examine current
17 City employees with problematic medical symptoms or con-
18 ditions at City referral to determine if the employees are
19 physically able to safely perform their duties.
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5.
Billing. Physician shall bill City monthly and
21 said statement shall include the names of the persons
22 examined and the dates of the examinations. City will accept
23 charges only for those services first requested by City.
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6.
Equipment and Personnel.
Physician hereby agrees
25 to have equipment and personnel for back-up and emergencies
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to assure prompt scheduling of medical examinations.
Phys-
27 ician shall conduct any examinations or testing within five
28 working days of city's request for scheduling the exams or
(continued)
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tests. Physician 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. Physician hereby convenants that any such phy-
sician or group of physicians shall be of the same competency
as physician with respect to the specific tasks to be per-
formed.
7. Assignment. This agreement may not be assigned by
either party hereto.
8. Hold harmless. Physician hereby agrees to, and
shall, hold City, its elective and appointive boards, commis-
sions, officers, agents and employees harmless from any
liability for damage or claims for damage for personal
injury, including death, as well as for claims for property
damage which may arise from Physician's operations and
activities under this agreement, whether such operations and
activities be by Physician or by anyone or more persons
directly or indirectly employed by or acting as agent for
Physician. Physician agrees to and shall defend City and its
elective and appointive boards, commissions, officers, agents
and employees from any suits or actions at law or in equity
for damages caused, or alleged to have been caused, by reason
of any of Physician's operations or acts or omissions and
activities hereunder.
(continued)
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9. Insurance. Physician shall be insured by an
insurance carrier acceptable to city against loss from public
liability arising from any operation or activity of the
Physician or employees in connection with the performance of
this agreement. Minimum coverage shall be one million
dollars combined single limit liability, to include medical
malpractice insurance. A copy of the policy of insurance
shall be filed with the Risk Management Division of City and
shall name the City of San Bernardino as an additional
insured. Said policy shall specify that the policy may not
be terminated, altered or cancelled without thirty (30) days
prior written notice to the city by the insurance company.
10. Workers' Compensation. Physician's employees shall
be covered by workers' compensation insurance in an amount
and form to meet all applicable requirements of the Labor
Code of the State of California and which specifically covers
all persons providing services on behalf of Physician and all
risks to such persons under this agreement.
11. Term. This agreement shall be effective as of
the date of execution by City, and shall terminate June 30,
1992.
12. Right of Termination. City and Physician shall
have the right to terminate this agreement at any time by the
giving of thirty days advance written notice to the other
party.
(Continued)
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13. Notices. All notices hereunder shall be by cer-
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tified mail, postage prepaid, addressed as follows:
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civil Service Office
Chief Examiner
300 N. "D" Street
San Bernardino, CA 92418
Arnold M. Stein, M.D.
355 East 21st Street
San Bernardino, CA 92404
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14.
Independent contractor. Physician shall act as an
6 independent contractor in the performance of its services
7 provided under this agreement and shall furnish such services
8 in physician's own manner and methods and in no respect be
9 considered an agent or employee of city.
15.
Entire Agreement. This agreement represents the
11 entire agreement between the parties and any amendments
12 and/or addenda shall be made in writing between the parties
13 and attached to this agreement.
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IN WITNESS WHEREOF, this agreement has been executed by
15 the parties effective as of the date and year first above
16 written.
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ATTEST:
CITY OF SAN BERNARDINO, a
Municipal corporation of the
State of California ~
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Qu_~ /"r<c'<~4-->'-~t-
Ci~y Clerk 0
~ S 91
22 Approved As to Form
and Legal Content.
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Arne: d M. stein,' M.D.
I.D. No. 95-2637144
James F. Penman
City Attorney
Pt"h;'~
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Res. 91-3116
GROUP I MEDICAL EXAMINATION
GROUP I: Employees in the Safety services, including
police, Fire and Dispatcher 1/11.
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. 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
3.
Laboratory studies:
Urinalysis: Sugar and Albumin
Hematology: Lipid Panel
4.
Radiological Studies:
Lumbar spine X-Rays (5 Views)
Chest X-Ray (ONLY with history of smoking)
5.
Pre-employment Drug Screening (Screening for
general abuse of drugs with additional drug
screening on receipt of any positive reaction to
commonly abused drugs including steriods.)
6.
Mobility and Flexibility tests (includes grip
strength, drawer sign, cybex, etc.)
7. Treadmill EKG, or stress treadmill where history or
25 other tests suggest problems.
26 8. Pulmonary function/Spirometer.
27 9. Pre-employment TB Testing.
28 10. written report of findings by physician within
seven (7) working days from day of the examination.
REV 6/91(STAR-3)
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Group II: Employees for heavy labor, skilled trades,
equipment operation, trash 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
Ears: Tympanic membrane, wax
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen & Viscerea - liver, kidneys, spleen
External genitalia (men) and hernia check (all)
Skin
Spine
Extremeties
Lymph nodes
Nervous system
3.
Eye test: Near and distant vision (Snelling Chart)
Color vision.
4. Hearing Test: Tuning fork
5. Radiological studies: two view lumbar spine x-ray
6.
Laboratory studies:
Urinalysis: sugar and Albumin
7.
Mobility and flexibility tests (including grip
strength, drawer sign, etc.)
8. Written report of exam findings by physician.
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Group III: Miscellaneous classifications
moderate physical demands upon employees:
1.
2.
light
to
Review of personal 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
Extremeties
Lymph nodes
Nervous system
3.
Eye test: Near and distant vision (Snelling Chart)
Color vision
4. Hearing test: Tuning Fork
5.
Laboratory studies:
Urinalysis: Sugar and Albumin
Hematology: Hemoglobin
6. Written report of findings by physician.
7.
T.B. test for food handlers and employees involved in
work in the close proximity of children (optional)
8-6-90
25 STAR:DRSTEIN2
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