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HomeMy WebLinkAbout21-Civil Service - CITvC6F SAN BIERNARDINcP- RIEQ.IEST FOR COUNCIL i:TION "m. "'t:' Roger C. OeFratis Chief Examiner Civil Service ~- ~. 1"". 't..",.~ L;-:' . :::1= f:'D.... iL' r- .... Subject: ,.-' ".' -, ',\ ,,. l' t.... r.". ~'-': ; " E~-..~ ".-. ..,-' ..".- Execution of an agreement with Arnold M. Stein. M.O.. relating to Medical Services. Date: August 27. 1990 Synopsis of Previous Council action: 07/17/89 -- Resolution No. 89-256 approved, authorizing the execution of a one year agreement between the City and Dr. Stein to provide medical services. Recommended motion: Adopt resolution. o ~t! 4t:.:f- Contact penon: Roger C. OeFratis Phone: 5008 Supporting data attached: FUNDING REQUIREMENTS: Ward: Amount: $24.000.00 Source: (Acct. No.) 001-108-53060 Medical Exams Finance:.&.~ <I~....... ,.""c/ AC'coc,_'! / 00/- /0 J"- 5J'c;.' 6 0 ,oS ,ff Ycoo ~//9-//.1.cJff (Acct. Descriotionl ~ncil Notes: -!/17,1o,.I1 q'llt"N'C",., 41'/'-;/ V -Ie? ()? yo." ~ ffiwl' &//',( -/A~o /N'4rrc""/ -/ -/ co/- /ff S-../Ob 0 />1/ 75-0262 A d I N _'1. t gen a tem 0 - - J CITYQp SAN BERNARDINoO REcQEST FOR COUNCIL QTION o STAFF REPORT Dr. Stein's agreement with the city to provide pre-employment and other medical exams has been in effect for approximately 4 years. The costs for the medical services for the most part have been held constant. The lone proposed increase this year is for x-ray lab fees. This a a service that is not conducted in the doctor's office, therefore he has no control over the fees. The increase is reasonable in comparsion to fees charg- ed by other labs providing such service, and the work perfor- mance by Dr. Stein has been timely and satisfactory for the level of service requested. Rates CUrrent Proposed Difference Pre-Employment Exam $38.00 $38.00 -0- OMV (Alone) 30.00 30.00 -0- OMV w/Pre-Employment 15.00 15.00 -0- Exam 0 Back X-Ray 65.00 71. 50 6.50 Chest X-Ray 33.00 36.30 3.30 EKG 45.00 45.00 -0- o STEINSTAFFRPT90 7~0264 o 'C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ,I 16 17 18 19 20 21 22 23 24 2S 26 27 28 o c o o o RESOLUTION NO. 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, 1990 and terminates on June 30, 1991. 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 thereof, held on the o C 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS ,I I 16 17 18 19 20 21 22 23 24 2S 26 27 28 o c o o o RESOLUTION TO EXECUTE AN AGREEMENT WITH ARNOLD M. STEIN, M.D. RELATING TO MEDICAL SERVICES. day of , 1990, by the following vote to wit: COUNCIL MEMBERS: ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER AYES NAYS ABSTAIN City Clerk The foregoing resolution is hereby approved this day of Approved as to form and legal content: JAMES F. PENMAN city A torney , 1990. W.R. Holcomb, Mayor. City of San Bernardino o 0 1 2 3 4 S 6 7 8 9 10 11 12 13 14 ,I 15 I' 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o o A G R E E MEN T THIS AGREEMENT is made and entered into at San Bernardino California, this day of , 1990, by and between the CITY OF SAN BERNARDINO, a municipal corpor- ation hereinafter called "CITY", and ARNOLD M. STEIN, M.D., hereinafter called "Physician". The parties hereto agree as follows: 1. Services. Upon request and referral by City, Physician shall conduct pre-employment physicals and eva1u- ations and provide other medical services 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 the physician which authorizes the release to the city of more extensive medical information. (Continued) 0 1 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 2S 26 27 0 28 o o o 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) o 1 o 2 3 4 5 6 7 8 9 10 11 12 13 14 o 15 16 17 18 19 20 21 22 23 24 25 26 27 o 28 o o o 4. Additional Duties and Responsibilities. Physician 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, Physician shall re-examine and re-evaluate the appel- lant 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. (c) Current employees. Physician shall examine current City employees with problematic medical symptoms or con- ditions at City referral to determine if the employees are physically able to safely perform their duties. 5. Billing. Physician 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. Physician hereby agrees to have equipment and personnel for back-up and emergencies to assure prompt scheduling of medical examinations. Phys- ician shall conduct any examinations or testing within five working days of City's request for scheduling the exams or (Continued) 0 1 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 2S 26 27 C 28 0 0 0 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 ~hich 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) 0 1 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 ~ 21 n 23 ~ ~ 26 27 0 28 o o o 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, 1991. 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) C 1 0 2 3 4 S 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 o o o 13. Notices. All notices hereunder shall be by cert- ified mail, postage prepaid, addressed as follows: civil Service Office Chief Examiner 300 N. "0" 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 its 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 and/or addenda shall be made in writing between the parties and attached to this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties effective as of the date and year first above written. CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California ATTEST: By W. R. Holcomb,"Mayor city Clerk Approved As to Form and Legal Content. James F. Penman City ttorney Arnold M. Stein, M.D. I.D. No. 95-2637144 BY: -DRSTEIN1 c o 1 2 Q o o TYPES OF MEDICAL EXAMINATIONS Group I: Employees in the Safety Services, including 3 Police and Fire Classifications: 4 S 6 7 8 9 10 11 12 13 14 o II 15 I 16 17 18 19 20 21 22 23 24 2S 26 27 o 28 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 Extremities Lymph nodes Nervous system 3. Laboratory Studies: Urinalysis: Sugar and Albumin Hematology: Lipid Panel Radiological Studies: Lumbar Spine X-Rays Chest X-Ray (optional) 4. 5. Drug screening for general abuse of drugs {optional) 6. MObility and Flexibility tests (including frip strength, drawer sign, etc.) 7. Treadmill EKG where history or other tests suggest problems (optional) Written report of finding by Physician 8. EXHIBIT A 8-6-90 o o 22 23 24 2S 26 27 C 28 r- ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 o o o 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 ,I I 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 Mobility and flexibility tests (including grip strength, drawer sign, etc.) 8. written report of exam findings by physician. 7. o o c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 o o o Group III: Miscellaneous classifications moderate physical demands upon employees: light to 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, 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 Hearing test: Tuning Fork Laboratory studies: Urinalysis: Sugar and Albumin Hematology: Hemoglobin 6. Written report of findings by physician. 4. 5. 7. T.B. test for food handlers and employees involved in work in the close proximity of children (optional) 23 EXHIBIT A 24 8-6-90 2S 26 27 C 28 STAR:DRSTEIN2