HomeMy WebLinkAbout1991-468
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RESOLUTION NO. 91-468
~SOLUTION OF THE CITY OF SAN BERNARDINO
2 AUTHO~IZING THE EXECUTION OF AN AGREEMENT WITH SAN
BERNARDINO INDUSTRIAL MEDICAL CLINIC RELATING TO PRE-
3 EMPLOYMENT MEDICAL SERVICES FOR POLICE AND FIRE SAFETY
AND SAFETY DISPATCHER EMPLOYEES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
5 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 pre-
employment medical services for the City, copy of which
is attached hereto, marked Exhibit "A", and incorported
herein by reference as fully as though set forth at
length.
This agreement is effective November 1, 1991
and terminates on June 30, 1992.
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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referenced agreement is rescinded if the parties to the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 regular
meeting thereof,
held on the 18th
day of
November
, 1991, by the
following vote to wit:
RESOLUTION TO EXECUTE AN AGREEMENT WITH SAN BERNARDINO
1 INDUSTRIAL MEDICAL CLINIC RELATING TO PRE-EMPLOYMENT
MEDICAL SERVICES FOR POLICE AND FIRE SAFETY AND SAFETY
2 DISPATCHER PERSONNEL.
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COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
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REILLY
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HERNANDEZ
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MAUDSLEY
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MINOR
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POPE-LUDLAM
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MILLER
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GCi~e~
15 The foregoing resolution is hereby approved this
20th day of November I 1991.
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W.R.
City
Approved as to
21 form and legal content:
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JAMES F. PENMAN
city Attorney
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Res. 91-~68
A G R E E MEN T
THIS AGREEMENT is made and entered into at San Bernardino
California, this 6th day of December , 1991, by
and between the CITY OF SAN BERNARDINO, a municipal corpor-
ation hereinafter called "CITY", and San Bernardino Medical
Industrial Clinic hereinafter called "Medical Clinic".
The parties hereto agree as follows:
1. Services. upon request and referral by city,
Medical Clinic shall conduct pre-employment physicals and
evaluations for City. Such services shall include, but not
be limited to, the following:
(a) providing central coordination of medical
data and information related to pre-employment physicals and
evaluations for City;
(b) obtaining the medical history of and per-
sonally examining and reviewing all medical tests pertaining
to persons referred by City in accordance with the specifics
set forth in Exhibit "A", attached hereto and incorporated
herein by reference;
(c) upon specific request of City, taking x-rays
and conducting other medical tests and providing City an
evaluation thereof; and
(d) providing city a summary and evaluation in
regards to exams conducted hereunder. Any such summary or
evaluation shall be in a form as permitted under California
civil Code section 56.10 unless a document signed by the
examinee is received by Medical Clinic which authorizes the
release to the city of more extensive medical information.
(Continued)
1 2. Payment. city shall pay Medical Clinic $180.00 for
2 each person that city refers for a pre-employment physical
3 examination and evaluation. said physical examination shall
4 specifically include, but not be limited to, the items listed
5 on Exhibit A, except as to those items listed as "optional",
6 or for which a stated additional charge follows. Any item
7 designated as "optional" shall mean optional at the instance
8 of city, and City shall pay Medical Care Center for such
9 optional services as may be required by the City as follows:
10 steroid evaluation drug screen panel, $150.00: Standing EKG,
11 $20.00:
12 3. Report and Recommendation. Following each com-
13 pleted examination a written report and recommendation
14 including significant findings and limitations shall be
15 prepared by Medical Clinic in the form set forth at l(d)
16 above and shall be forwarded to City within seven days of
17 completion of the examination. When the report reflects
18 "normal" in an area of examination, the statement shall mean
19 that all applicable items to be reviewed or examined have
20 been so reviewed or examined and that no significant adverse
21 findings or limitations were discovered.
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4. Additional Duties and Responsibilities. Medical
Clinic shall specifically assume the following additional
duties and responsibilities at a price to be agreed upon in
advance of such services by the parties.
(a) Appeals. In the event an unsuccessful
applicant appeals his or her rejection to the civil Service
Board, Medical Clinic shall re-examine and re-evaluate the
appellant and provide information, in person or by
comprehensive narrative report, to the civil Service Board
about the appellant's present medical limitations.
(b) Modifying guidelines. City may require expert
medical advice and consultation (including research results
and recommendations) on occasion for determining new, or
revising existing, medical guidelines or changes in medical
procedures and examinations for future specific needs.
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 exami-
nations.
(continued)
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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. Medical Clinic
hereby convenants 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.
8. Hold harmless. Medical Clinic hereby agrees to,
and shall hold city, its elective and appointive boards,
commissions, 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 Medical Clinic's operations and
activities under this agreement, whether such operations and
activities be by Medical Clinic or by anyone or more persons
directly or indirectly employed by or acting as agent for
Medical Clinic. Medical Clinic 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 Medical Clinic's operations or
acts or omissions and activities hereunder.
(Continued)
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9. Insurance. Medical Clinic shall be insured by an
insurance carrier acceptable to City against loss from public
liability arising from any operation or activity of the
Medical Clinic 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. Medical Clinic'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 Medical
Clinic 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 Medical Clinic
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 certified
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mail, postage prepaid, addressed as follows:
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civil service Department
Chief Examiner
300 N. "D" street
San Bernardino, CA 92418
San Bernardino Medical
Industrial Clinic
599 Inland Center Drive
suite 108
San Bernardino, CA 92408
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14. Independent Contractor. Medical Clinic shall act as an
independent contractor in the performance
of its services
provided under this agreement and shall furnish such services in
Medical Clinic's own manner and methods and in no respect be
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considered an agent or employee of city.
15. Entire Agreement. This agreement represents the entire
agreement between the parties and any amendments and/or agenda
shall be made in writing between the parties and attached
to this I
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agreement.
IN WITNESS WHEREOF, this agreement has been executed by the
parties effective as the date and year first above written.
CITY OF SAN BERNARDINO,
Municipal corporation _of
state of california
a
the
ATTEST:
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Q~~
ciey Clerk
BY
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Joh . Gaylord
Marketing Direc or
San Bernardino Medical
Industrial Clinic
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Approved As to Form
and Legal Content.
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James F. Penman
City Attorney
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1.
2.
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
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Laboratory Studies:
Urinalysis: Sugar and Albumin
Hematology: Lipid Panel
4.
Radiological Studies:
Lumbar Spine X-Rays (5 Views)
Chest X-Ray
5.
Pre-employment Drug Screening - GeMS conformation
on all positive screens.
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steroid evalutation drug screen panel (optional)
Mobility and Flexibility tests (includes Jarmar
grip test.)
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Standing EKG (optional
results)
subject to other test
8. Pulmonary function/Spirometer.
9. Pre-employment TB Testing.
10. Written report of findings by physician within
28 seven (7) working days from day of the examination.
STAR-PREEMPEXAM
1091