HomeMy WebLinkAbout1988-319
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RESOLUTION NO. 88-319
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH ARNOLD M. STEIN, M.D., RELAT-
ING TO MEDICAL SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed
7 to execute on behalf of said City an Agreement with Arnold M.
8 Stein, M.D., relating to medical services, which agreement is
9 attached hereto, marked Exhibit "A", and incorporated herein
10 by reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
12 adopted by the Mayor and Common Council of the City of San
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14
Bernardino at a
reQlIl aT
meeting thereof,
held on the 15th day of AlIollst
, 1988, by the fol-
15 lowing vote to wit:
AYES:
Council Members Reillv. Flores. Malldsley
Minor. Pope-Ludlam. Miller
NAYS:
ABSENT:
None
Council Member
Estra~
" City Clerk
The foregoing
resolution is hereby approved this /i~
, 1988. jb --:;J2
E$i?n:Jl~Yor ~/
City of San Bernardino
day of Auoust
Approved as to form and legal content::
JUL Y 20, 1988
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A G R E E MEN T
5 THIS AGREEMENT is made and entered into at San Bernardino,
California,
this
=<9;:;-L day of a,~, 1988, by and
OF SAN BERNARDINO, a municipal corporation
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between the
CITY
8 hereinafter called .CITY., and ARNOLD M. STEIN, M.D., here-
9 inafter called .Physician..
10 The parties hereto agree as follows:
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1.
Services. Upon request and referral by City, Phy-
12 sician shall conduct pre-employment physicals and eval-
13 uations and provide other medical services for City. Such
14 services shall include, but not be limited to, the following:
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(a)
providing
central coordination of medical
16 data and information related to pre-employment physicals and
17 evaluations for CitY7
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(b)
obtaining the medical history of and per-
19 sonally examining and reviewing all medical tests pertaining
20 to persons referred by City in accordance with the specifics
21 set forth in Exhibit A, attached hereto and incorporated
22 herein by reference7
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(c) upon specific request of City, taking x-rays
24 and conducting other medical tests and providing City an
evaluation thereof7 and
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(d) providing City a summary and evaluation in re-
gard to exams conducted hereunder.
(Continued)
1 2. Payment. City shall pay Physician $38.00 for each
2 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 Physician for such optional
9 'services as may be required by the City as follows: DMV
10 exam, $28.00, or $15.00 in addition to regular physical exam
11 fee if both exams are conducted1 two view back x-ray, $65.001
12 chest x-ray, $33.001 lipid test panel, $19.001 flexibility
13 and mobility tests, $27.001 hemoglobin study, $6.001 tuber-
14 culin skin test, $5.001 electrocardiogram, $35.001 drug
15 screening for general abuse drugs $22.00.
16 3. Report and Recommendation. A written report and
17 recommendation including significant findings and limitations
18 on each physical examination hereunder shall be prepared by
19 Physician on the form provided by City's Director of Person-
20 nel and shall be forwarded to City within three days of
21 completion of the examination. When the form reflects
22 "normal" in an area of examination, the statement shall mean
23 that all applicable items to be reviewed or examined have
24 been so reviewed or examined and that no such significant
25 findings and limitations were determined.
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(Continued)
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2 4. Additional Duties and Responsibilities. Physician
3 shall specifically assume the following additional duties and
4 responsibilities at a price to be agreed upon in advance of
5 such services by the parties.
6 (a) Appeals. In the event an unsuccessful appli-
7 cant appeals his or her rejection to the Civil Service Board,
S Physician shall re-examine and re-evaluate the appellant and
9 'provide information, in person or by comprehensive narrative
10 report, to the Civil Service Board about the appellant's med-
II ical limitations and potential risks involved with the
12 employment of the appellant.
13 (b) Modifying guidelines. City may require expert
14 medical advice and consultation (including research results
15 and recommendations) on occasion for determining new, or
16 revising existing, medical guidelines or changes in medical
17 procedures and examinations for future specific needs.
18 (c) Current employees. Physician shall examine
19 current City employees with problematic medical symptoms or
20 conditions at City referral to determine if the employees are
21 physically able to safely perform their duties.
22 5. Billing. Physician shall bill City monthly and said
23 statement shall include the names of the persons examined and
24 the dates of the examinations. City will accept charges only
25 for those services first requested by City.
26 6. Equipment and Personnel. Physician must have
27 equipment and personnel for back-up and emergencies to assure
28 prompt scheduling of medical examinations. Physician shall
(Continued)
1 conduct any examinations or testing within five working days
2 of City's request for scheduling the exams or tests. Phy-
3 sician shall designate a competent physician or group of
4 physicians to perform all obligations pursuant to and in
5 accordance with the terms of this agreement in the event
6 Physician is temporarily unavailable to render services
7 required.
8 I 7. Assignment. This agreement may not be assigned by
9 : either party hereto.
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8.
Hold harmless.
Physician hereby agrees to, and
11 shall, hold City, its elective and appointive boards, com-
12 missions, officers, agents and employees harmless from any
13 liability for damage or claims for damage for personal
14 injury, including death, as well as for claims for property
15 damage which may arise from Physician's operations and
16 activities under this agreement, whether such operations and
17 activities be by Physician or by anyone or more persons
18 directly or indirectly employed by or acting as agent for
19 Physician. Physician agrees to and shall defend City and its
20 elective and appointive boards, commissions, officers, agents
21 and employees from any suits or actions at law or in equity
22 for damages caused, or alleged to have been caused, by reason
23 of any of Physician's operations or acts or omissions and
24 activities hereunder.
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(Continued)
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9.
Insurance. Physician shall be insured by an insur-
2 ance carrier acceptable to City against loss from public li-
3 ability arising from any operation or activity of the Physi-
4 cian or employees in connection with the performance of this
5 agreement. Minimum coverage shall be one million dollars
6 combined single limit liability, to include medical malprac-
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tice insurance.
A copy of the policy of insurance shall be
Risk Management Division of City and shall
,
I filed with the
name the City of
San Bernardino as an additional insured.
10 Said policy shall specify that the policy may not be
11 terminated, altered or cancelled without thirty (30) days
12 prior written notice to the City by the insurance company.
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10. Workers' Compensation. Physician's employees shall
14 be covered by workers' compensation insurance in an amount
15 and form to meet all applicable requirements of the Labor
16 Code of the State of California and which specifically covers
17 all persons providing services on behalf of Physician and all
18 risks to such persons under this agreement.
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11. Term. This agreement shall be effective as of the
20 date first above written, and shall terminate June 30, 1989.
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City and Physician shall
12.
Right of Termination.
22 have the right to terminate this agreement at any time by the
23 giving of thirty days advance written notice to the other
24 party.
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13. Notices. All notices hereunder shall be by cert-
26 ified mail, postage prepaid, addressed as follows:
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(Continued)
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Director of Personnel
City Hall
300 North "D" Street
San Bernardino, CA 92418
Arnold M. Stein, M.D.
355 East 21st Street
San Bernardino, CA 92404
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IN WITNESS WHEREOF, the parties hereto have executed
7 this agreement on the date first above written.
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, ATTEST:
c';g: SAN BERNARD"O
B ~-._ )1~ ~~._A/
ayor ~/
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~7?~~d./
--City Clerk
13 Approved as to form and legal content:
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I. D.
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TYPES OF MEDICAL EXAMINATIONS
Group I: Employees in the Safety Services, including Police and
Fire Classifications.
1.
2.
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 movemen~s, 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 .. - ..
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Extremities
Lymph nodes
Nervous system
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3. Laboratory Studies:
Urinalysis: Sugar and Albumin
Hematology: Lipid Panel
4. Radiological Studies:
Lumbar Spine X-Rays
Chest X-Ray (optional)
5. Drug screening for general abuse of drugs (optional)
6. Mobility and Flexibility tests (including grip. strength,
drawer sign, etc.)
7. Treadmill EKG where history or other tests suggest
problems (optional) .
8. Written report of findings by Physician
Group II: Employees for heavy labor, skilled trades, equipment
operation, trash ~ollection, 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.
. 3-31-87 .
EXHIBIT
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Chest
Hea r t
Lungs
Abdomen & Viscera - liver, kidneys, spleen.
External genitalia (men) and hernia check (all)
Skin
Spine
Extremities
Lymph nodes
Nervous system
3. Eye test: Near and distant vision (Snelling Chart)
Color vision
8 4. Hearing test: Tuning Fork
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5. Laboratory studies:
Urinalysis: Sugar and Albumin
Hematology: Hemoglobin
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11 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)
"::...a.
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3-31-87
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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
Extremi ties
Lymph nodes
Nervous system
3. Eye test: Near and distant vision (Snelling Chart)
Color vision.
O:_a.t.
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 - light to moderate
physical demands upon employees.
1. Review of personal" and family health history
questionnaire "review
2. Complete physical examination by physician including:
Height
Weight .
Blood pressure
Pulse before and after exercise
Eyes: Field of vision, extra ocular movements, pu~i)s,
fundi "
Ears: Tympanic membrane, wax
Nose, mouth,. throat, dental hygiene
Neck
3-31-87