HomeMy WebLinkAbout21-Civil Service
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CITvC6F SAN BIERNARDINcP- RIEQ.IEST FOR COUNCIL i:TION
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Roger C. OeFratis
Chief Examiner
Civil Service
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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.
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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~.......
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AC'coc,_'! / 00/- /0 J"- 5J'c;.' 6 0
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(Acct. Descriotionl
~ncil Notes: -!/17,1o,.I1 q'llt"N'C",., 41'/'-;/
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75-0262
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CITYQp SAN BERNARDINoO REcQEST FOR COUNCIL QTION
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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-
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STEINSTAFFRPT90
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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
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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
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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)
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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)
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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)
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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)
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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)
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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
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TYPES OF MEDICAL EXAMINATIONS
Group I: Employees in the Safety Services, including
3 Police and Fire Classifications:
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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 & 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
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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
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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.
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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
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STAR:DRSTEIN2