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HomeMy WebLinkAbout14-Civil Service CITY OF SAN BERNADINO - REQUEST F. COUNCIL ACTION From: H. Doug Chandl er Chi ef Exami ner Dept: Civil Service Date: January 5, 1993 Subject: Resolution of the City of San Bernardino authorizing the execution of an Agreement with flarey B. Paul, M.D., relating to medical services. Synopsis of Previous Council action: At' their regular meeting on June IS, 1992, the Council approved resolution 92-200 authorizing the execution of a one year agreement between the City and Dr. Stein to provide medical services. Recommended motion: Adopt Resolution /I J]yt d,.,d~ Signature '. Contact person: H. Doua Chandl er Phone: 5008 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $10,000 est. Source: (Acct. No.) 001-108-53060 (Acct. Descriotion) Medical Exams Finance:j'jJ{ l"dia- //);-t ~. Council Notes: 75.0262 Agenda Item No. /1 - -- - CITY OF SAN BERN~INO - REQUEST F. COUNCIL ACTION STAFF REPORT Dr. Arnold M. stein had an agreement with the City to provide pre- "employment and other medical exams for approximately six years. Dr. stein has announced his retirement which was effective December 31, 1992 and as of that date Dr. Carey B. Paul has assumed Dr. stein's patients and contracts. The costs for the medical services for the most part have held constant and there will be no increase in costs for the remainder of this contract. The current rates are: Pre-employment exam DMV (alone) DMV with pre-employment exam Back X-Ray Chest X-Ray EKG $38.00 $30.00 $15.00 $71.50 $36.30 $45.00 Lipid test panel Flexibility test Drug Screen Hemoglobin study TB test $19.00 $27.00 $22.00 $6.00 $5.00 This contract with Dr. Paul will expire on June 30, 1993, which was the same expiration date for Or. Stein's contract. Approval of this contract will insure no break in services for the City. 75-0264 . . 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT WITH CAREY B. PAUL M.D., RELATING TO 3 MEDICAL SERVICES. 4 5 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 6 hereby authorized and directed to execute on behalf of said 7 City an agreement with Dr. Carey B. Paul for the purpose of 8 conducting medical services for the City, copy of which is 9 10 attached hereto, marked Exhibit "A", and incorporated herein 11 12 13 14 by reference as fully as though set forth at length. This agreement is effective January 1, 1993 and terminates on June 30, 1993. SECTION 2. This agreement shall not take affect until fully signed and executed by all parties. 15 16 The City shall not be obligated hereunder unless and until the Agreement is fully executed and no oral agreement relating thereto shall be 17 implied or authorized. 18 SECTION 3. The authorization to execute the above 19 referenced agreement is rescinded if the parties to the 20 21 22 agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly 23 adopted by the Mayor and Common Council of the City of San 24 Bernardino at a 25 day of 26 27 II 28 II meeting thereof, held on the , 1993, by the following vote, to wit: . . 1 RESOLUTION TO EXECUTE AN AGREEMENT WITH CAREY B. PAUL, M.D. RELATING TO MEDICAL SERVICES. 2 3 COUNCIL MEMBERS: 4 ESTRADA 5 REILLY 6 HERNANDEZ 7 MAUDSLEY 8 MINOR 9 POPE-LUDLAM 10 MILLER 11 12 13 14 15 16 17 18 19 20 ~ ~ ABSTAIN CITY CLERK The foregoing resolution is hereby approved this day of , 1993. Approved as to 21 form and legal content: 22 JAMES F. PENMAN 23 City Attorney 24 25 26 27 28 ~ W.R. Holcomb, Mayor City of San Bernardino 2 . . 1 EXHIBIT A 2 AGREEMENT 3 THIS AGREEMENT is made and entered into at San Bernardino 4 California, this day of , 1993, by and 5 between the CITY OF SAN BERNARDINO, a municipal corporation 6 hereinafter called "CITY", and CAREY B. PAUL, M.D. ,hereinafter 7 called "Physician". 8 The parties agree as follows: 9 1. Services. Upon request and referral by City, 10 Physician shall conduct pre-employment physicals and 11 evaluations and provide other medical services for city. Such 12 services shall include, but not be limited to, the fOllowing: 13 (a) providing central coordination of medical data 14 and information related to pre-employment physicals and 15 evaluations for City; 16 (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; 21 (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 28 II - -- - - . . 1 examinee is received by Physician which authorizes the 2 release to the City of more extensive medical information. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 forwarded to 24 examination. 25 26 II 27 II 28 II 2 . . 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 11 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. 25 II 26 II 27 II 28 3 . . 1 2 5. Billing. Physician shall bill City monthly and said 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. 5 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 11 competent physician or group of physicians to perform all 12 obligations pursuant to and in accordance with the terms of 13 14 15 16 be competent with respect to the specific tasks to be 17 18 this agreement in the event Physician is temporarily unavailable to render services required. Physician hereby covenants that any such physician or group of physicians shall performed. 7. Assignment. This agreement may not be assigned by 19 either party hereto. 20 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 ~ V 4 - -- . - . 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. Insurance. Physician shall be insured by an 9 insurance carrier acceptable to City against loss from public 10 liability arising from any operation or activity of the 11 Physician 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. 26 II 27 II 28 5 . . 1 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 9 10 11 Notices. 13. All notices hereunder shall be by certified mail, postage prepaid, addressed as follows: Civil Service Department Chief Examiner 300 N. "0" Street San Bernardino, CA 92418 Carey B. Paul, M.D. 7255 Boulder Ave. Highland, CA 02346 12 13 14 15 16 17 18 entire agreement between the parties and any amendments andlor 19 20 21 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 agenda shall be made in writing between the parties and attached to this agreement. 22 II 23 II 24 II 25 II 26 II 27 II 28 II 6 - . . 1 AGREEMENT WITH DR. CAREY B. PAUL, M. D., RELATING TO MEDICAL SERVICES. 2 3 IN WITNESS WHEREOF, this agreement has been executed by 4 the parties effective as the date and year first above 5 written. 6 7 8 ATTEST: 9 10 City Clerk 11 12 Approved As to Form and Legal Content. 13 14 James F. Penman City Attorney 15 BY:L.?~ 16 17 1// 18 II 19 II 20 II 21 II 22 II 23 II 24 II 25 II 26 II 27 II 7 28 CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California BY W.R. Holcomb, Mayor Carey B. Paul, M.D. I.D. No. 33-0525189 1 . . GROUP X MBDXCAL BXAHXNATXOB EXHIBIT A 2 GROUP I: Employees in the classifications of Police and Fire Dispatcher. 3 4 5 6 7 8 9 10 11 12 13 14 15 3. 16 17 4. 18 19 5. 20 6. 21 7. 22 23 8. 24 9. 25 II 26 II 27 II 28 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 2. 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.) Treadmill EKG where history or other tests suggest problems (optional) Pre-Employment TB testing Written report of findings by physician . . 1 GROUP II IIBDICAL BXAMINATION 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 andlor carrying weights of more than 50 4 pounds; repetitive awkward motions of the trunk or the back; frequent bending, squatting, climbing or prolonged standing. 5 1- 6 2. 7 8 9 10 11 12 13 14 15 16 17 3. 18 4. 19 5. 20 6. 21 22 7. 23 8. 24 25 II 26 II 27 II 28 II 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. 2 1 . . GROUP XXX BXAKXNATXONS 2 GROUP III: Miscellaneous classifications - light to moderate physical demands upon employees: 3 1- 4 5 2. 6 7 8 9 10 11 12 13 14 15 3. 16 17 18 5. 19 20 6. 21 22 4. 7. 23 II 24 II 25 II 26 II 27 II 28 II 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 3