HomeMy WebLinkAbout1987-136
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RESOLUTION NO. 87-136
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ARNOLD M. STEIN, M.D., RELAT-
ING TO MEDICAL SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed
to execute on behalf of said City an Agreement with Arnold M.
Stein, M.D., relating to medical services, which agreement is
attached hereto, marked Exhibit nAn, and incorporated herein
by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a n ad;ow:ned reaular
meeting thereof,
held on the.J.lli1 day of
Mav
, 1987, by the fol-
lowing vote to wit:
AYES:
Council Members Estrada, Flores. Maudslev.
Quiel, Frazier. Strickler
~TQR~
NAYS:
ABSENT:
Council Member Reillv
...4.~~~~~
/' City Clerk
The foregoing resolution is hereby approved this /~~
day of
, 1987.
Mav
e City of S~ Bernardino
Approved as to form:
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3-31-87
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A 9 F ~ ~ ~ ~ ~ X
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THIS AGREEMENT is made and entered into at San Bernar-
3 dino, California, this /$6.{ day of ~ 1987, by and
4 between the CITY OF SAN BERNARDINO, a municipal corporation
5 hereinafter
ca,lled
"CITY", and ARNOLD M. STEIN, M.D.,
6 hereinafter called "Physician".
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The parties hereto agree as follows:
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1.
Services.
Upon request and referral by City,
9 Physician shall
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conduct pre-employment physicals and evalua-
services
for
City.
Such
tions
and provide other
medical
services shall include, but not be limited to, the following:
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(a) providing central coordination of medical data
13 and information related to pre-employment physicals and eval-
14 uations for City;
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examining and
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the medical
history
of, personally
(b) obtaining
pertaining
reviewing
medical
all
tests
to
persons referred by City in accordance with the specifics set
incorporated
herein
forth in Exhibit A, attached hereto and
by reference;
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(c) upon specific request of City, taking x-rays
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and conducting other medical tests and provide City an
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evaluation thereof; and
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(d) providing City a summary and evaluation in re-
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gard to exams conducted hereunder.
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2. payment. City shall pay Physician $38.00 for each
(Continued)
3-31-87
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i 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
5 designated as "optional" shall mean optional at the instance
6 of City, and City shall pay Physician for such optional
7 services as may be required by the City as follows: DMV
8 exam, $28.00, or $15.00 in addition to regular physical exam
9 fee if both exams are conducted; two view back x-ray, $55.00;
10 chest x-ray, $33.00; lipid test panel, $19.00; flexibility
11 and mobility tests, $27.00; hemoglobin study, $6.00; tuber-
12 culin skin test, $5.00; electrocardiogram, $35.00; drug
13 screening for general abuse drugs $22.00.
14 3. Report and Recommendation. A written report and
15 recommendation including significant findings and limitations
16 on each physical examination hereunder shall be prepared by
17 Physician on the form provided by City's Director of Person-
18 nel and shall be forwarded to City within three days of
19 completion of the examination. When the form reflects
20 "normal" in an area of examination, the statement shall mean
21 that all applicable items to be reviewed or examined have
22 been so reviewed or examined and that no such significant
23 findings and limitations were determined.
24 4. Additional Duties and Responsibilities. Physician
25 shall specifically assume the following additional duties and
26 responsibilities at a price to be agreed upon in advance of
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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 appellant and
provide information, in person or by comprehensive narrative
report, to the Civil Service Board about the appellant's med-
ical limitations and potential risks involved with the em-
ployment of the appellant.
(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
conditions 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 must have
equipment and personnel for back-up and emergencies to assure
prompt scheduling of medical examinations. Physician shall
conduct any examinations or testing within five (5) working
days of City's request for scheduling the exams or test. Phy-
sician shall designate a competent physician or group of
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3-31-87
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physicians
1 I accordance
2 Physician
3 required.
4 7. Assignment. This agreement may not be assigned by
5 either party hereto.
6 8. Hold harmless. Physician hereby agrees to, and
7 shall, hold City, its elective and appointive boards, com-
8 missions, officers, agents and employees harmless from any
9 liability for damage or claims for damage for personal
10 injury, including death, as well as for claims for property
11 damage which may arise from Physician's operations and
12 activities under this agreement, whether such operations and
13 activities be by Physician or by anyone or more persons
14 directly or indirectly employed by or acting as agent for
15 Physician. Physician agrees to and shall defend City and its
16 elective and appointive boards, commissions, officers, agents
17 and employees from any suits or actions at law or in equity
18 for damages caused, or alleged to have been caused, by reason
19 of any of Physician's operations or acts or omissions and
20 activities hereunder.
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to perform all obligations pursuant to and in
with the terms of this agreement in the event
is temporarily unavailable to render services
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9. Insurance. Physician shall be insured by an insur-
22 ance carrier acceptable to City against loss from public li-
23 ability arising from any operation or activity of the Physi-
24 cian or employees in connection with the performance of this
25 agreement. Minimum coverage shall be one million dollars
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($1,000,000) combined single limit liability, to include med-
ical malpractice insurance.
A copy of the policy of insur-
ance 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 first above written, and shall terminate June 30, 1988.
12. Right of Termination.
City and Physician shall
have the right to terminate this agreement at any time by the
giving of thirty (30) days advance written notice to the
other party.
13. Notices. All notices hereunder shall be by cert-
ified mail, postage prepaid, addressed as follows:
Director of Personnel
City Hall
300 North "0" Street
San Bernardino, CA 92418
Arnold M. Stein, M.D.
355 East 21st Street
San Bernardino, CA 92404
(Continued)
3-31-87
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2 IN WITNESS WHEREOF, the parties hereto have executed
3 this agreement on the date first above written.
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5 ATTEST:
6 By
7 ~-,/~~
8 City Clerk
9 Approved as to form:
10 L:~~~
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12 M. STEIN
.afA
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14 I. D. No.95-263 144
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TYPES OF MEDICAL EXAMINATIONS
Group I: Employees in the Safety Services, including Police and
Fire Classifications.
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 .. - ~
- ~
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 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.
. 3-31-87 ,
'EXHIBIT
A
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-J -- -
fundi
Ears: Tympanic membrane, wax
Nose, mouth, throat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen & Viscera - liver, kidneys,
External genitalia (men) and hernia
Skin
Spine
Extremities
Lymph nodes
Nervous system
spleen
check (all)
3. Eye test: Near and distant vision (Snelling Chart)
Color vision.
-.
":-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
21 physical demands upon employees.
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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, pup/ls,_
fundi
Ears: Tympanic membrane, wax
Nose, mouth,_ throat, dental hygiene
Neck
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i.
~XLreUl.L LLt=::i
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)
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3-31-87