HomeMy WebLinkAbout25-Civil Service
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c.(f' OF SAN BERNARb~ - REQU'*' FOR COUNCIL ABION
From:
Roger C. DeFratis
Chief Examiner
Civil Service
REC'O.-~~:OfF. Execution of an agreement with
Arnold Stein, M.D., relating to
m59 JUN \6 pg I: 32 medical service
Oept:
Dete: June 13, 1989
Synopsis of Previous Council action:
At their regular meeting on August 15, 1988, the Council approved Resolution 88-319 authorizing
the execution of a one year agreement between the City and Dr. Stein to provide medical
services.
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Recommended motion:
Adopt resolution.
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Contact person:
Roger C. DeFratis
Phone: 5008
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount: ./I.$dTO/esr.
Source: (Acct. No.) 001-108-53060
(Acct. Descriotionl
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Finance: ~-(y I2Y
Council Notes:
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CiTfOF SAN BERNARDI.Q - REQUIJr FOR COUNCIL ACOoN
STAFF REPORT
Dr. stein is currently providing the City with pre-employment
and other medica~ exams. Dr. stein's agreement with the City
has been in effect for approximately 3 years, with costs held
constant. The proposed increases for this year are for DMV
exams and EKG's. The increase in the DMV exams is a result
o~ an increase in regular office visit charge and the EKG
increase is reasonable however, EKG's are not a part of the
normal pre-employment physical exam and therefore would only
be used in special evaluations approximately 3-4 times per
year. All other charges are reasonable in comparison to
costs charged by other clinics/agencies providing such
service, and the work performance by. Dr. stein has been
timely and satisfactory.
Rates
Current ProDosed Difference
Pre-Employment Exam $38.00 $38.00 -0-
DMV (alone) 28.00 30.00 2.00
DMV w/Pre-Employment ~5.00 15.00 -0-
Exam
Back X-Ray 55.00 55.00 -0-
EKG 40.00 45.00 5.00
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN
THE EXECUTION OF AN AGREEMENT WITH
RELATING TO MEDICAL SERVICES.
BERNARDINO AUTHORIZING
ARNOLD M. STEIN, M.D.,
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 "A",
and incorporated
herein by reference as fully as though
set forth at length.
SECTION 2. The authorizations to execute the above
referenced agreements are rescinded if the parties to the
agreements fail to execute them 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
meeting
thereof, held on the
day of
, 1989, by
the following vote to wit:
AYES:
Council Members
NAYS:
ABSENT:
city Clerk
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RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
ARNOLD M. STEIN, M.D., RELATING TO MEDICAL SERVICES.
The foregoing resolution is hereby approved this
day of
, 1989.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form and legal content:
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AGREEMENT
THIS AGREEMENT is made and entered into at San Bernardino,
California, this day of , 1989, by and
between the CITY OF SAN BERNARDINO, a municipal corporation
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
evaluations 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
personally 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
(Continued)
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in regard to exams~onducted her~der. 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.
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, $55.00; chest x-ray,
$33.00; lipid test panel, $19.00; flexibility and
mobility tests, $27.00; hemoglobin study, $6.00; tuber
culin 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 recommenda-
tion 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
. (Continued)
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reflects "normal" I:>an area of Qmination, the state-
ment 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.
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 appellant 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 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
(Continued)
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said statement sha~ include th~ames
of the
persons
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examined and the dates of the examinations. City will
accept charges only for those
by City.
6.
services
first requested
Equipment
and
Personnel. Physician hereby
and personnel for back-up and
prompt scheduling of medical
agrees to have equipment
emergencies
to
assure
examinations. Physician shall conduct any examinations
or testing within five working days of City's request
for scheduling the exams or 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 covenants 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 performed.
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,
commissions, 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 which may arise from Physician's
operations and activities under this agreement, whether
such operations and activities be by Physician or by any
(Continued)
c.
one
or
and
.or more person~irectlY or <=bdirectlY employed by
acting as agent for Physician. Physician agrees to
shall defend City and its elective and appointive
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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.
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
(Continued)
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the date of execut~n by
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City, ~d shall terminate June
30, 1990.
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.
13. Notices. All notices hereunder shall be by
certified mail, postage prepaid, addressed as follows:
Civil Service Department
Chief Examiner
City Hall
300 North "D" 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 ser-
vices in physician's own manner and methods and in no res-
pect 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, the parties hereto have executed
this agreement on the date first above written.
ATTEST:
CITY OF SAN BERNARDINO
By
Mayor
city Clerk
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Agreement with Dr.~ein 1989
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Approved as to form and legal content:
~
c y Attor y
ARNOLD M. STEIN, M.D.
I. D. No.95-2637144
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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
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 (op-
tional)
6. Mobility and Flexibility tests (including grip
strength, d~awer sign, etc.)
7. Treadmill EKG where history or other tests suggest
problems (optional).
8. Written report of findings by Physician
6-15-89
.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, thrbat, dental hygiene
Neck
Chest
Heart
Lungs
Abdomen & Viscera - liver, kidneys, spleen
External genitalia (men) and hernia check (all)
Skin
Spine ~,
Extremeties
Lymph nodes
Nervous system
3. Eye test: Near and distant vision (Snelling Chart)
18 Color vision.
19 4. Hearing Test: Tuning fork
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5. Radiological studies: two view lumbar spine
x-ray ,
6. Laboratory ~tudies:
22 Urinalysis: Sugar and Albumin
23 7. Mobility and flexibility tests (including grip
strength, drawer sign, etc.)
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8. Written report of exam findings by physician.
6-15-89
EXHIBIT A
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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 physicain
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
Extremeties
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
in work in
(optional).
food handlers and employees
the close proximity of
involved
children
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EXHIBIT A