HomeMy WebLinkAbout1997-076
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RESOLUTION
97-76
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH STAT PHYSICIANS' SERVICE TO PROVIDE
BILLING SERVICES FOR THE COLLECTION OF FEES FOR EMERGENCY MEDICAL
AND TRANSPORT 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
7 authorized and directed to execute on behalf of said City an
8 Agreement with stat Physicians' Services, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2. 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Agreement is rescinded if the parties to the Agreement fail to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
Bernardino at a
day of March
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Mayor and Common Council of the City of
joint
regular meeting thereof, held on the
San
Jrd
, 1997, by the following vote, to wit:
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97-76
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH STAT PHYSICIANS' SERVICE TO PROVIDE
2 BILLING SERVICES FOR THE COLLECTION OF FEES FOR EMERGENCY MEDICAL
AND TRANSPORT SERVICES.
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
x
ARIAS
x
OBERHELMAN
x
DEVLIN
x
ANDERSON
x
MILLER
x
1(0. e.lul -CfaAJt....
RACHEL CLARK, City Clerk
h}j AttruiluUrvUrlvr(~1 flpfJtdr1.
The foregoing resolution is hereby approved this ~/1C
day of March , 1997.
~'l lti~t~
ITOM MINOR, Mayor
city of San Bernardino
Approved as to form
and legal content:
JAMES PENMAN
22 City Attorney
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97-76
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AGREEMENT
THIS AGREEMENT is entered into this ;({)IA. day of 7J1.ah..(,L
1997 between by and between the CITY OF SAN BERNARDINO, a charter
City ("City") and a California Corporation doing business as STAT
Physicians' Services, hereinafter referred to as "Provider"
WITNESSETH:
WHEREAS, City did accept the proposal of the Provider,
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. RECITALS
This Agreement is made and entered into with respect to the
following facts:
A. The City has implemented an emergency medical and
transportation program for its residents and the City
will bill those who use the service; and,
B, That Provider is qualified to provide such billing
services to the City; and, therefore, the City has
elected to engage the services of Provider upon the terms
and conditions hereinafter set forth.
2. SERVICES
Provider shall perform those services specified in that
certain proposal dated December 10, 1996, hereinafter called
"Proposal", a copy of which Proposal is on file in the Office
of the City Clerk and by this reference incorporated herein
and made a part hereof though fully set forth herein.
Performance of the work specified in said Proposal is made an
obligation of Provider under this Agreement, subject to any
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97-76
changes made subsequently upon that mutual written agreement
of the parties.
SCOPE
The services to be performed by Provider under this Agreement
shall include, but are not limited to, those services
specified in Proposal.
FEE
Compensation to Provider for the total services to be rendered
pursuant to this Agreement shall be in am amount of not to
exceed seven percent (7%) of amounts collected by Provider
under the billing program. Said amount shall be payable to
Provider by City within fifteen (15) days of receipt of
monthly invoice.
EXTRA SERVICES
No extra services shall be rendered by Provider under this
Agreement unless such extra services first have been
authorized in writing by the City.
PAYMENT BY CITY
Payment for all services rendered pursuant to this Agreement
shall be made in accordance with Paragraph 4 hereof.
CITY SUPERVISION
The Finance Director of the City of San Bernardino, or his/her
designee, shall have the right of general supervision of all
work performed by Provider and shall be the City's agent with
respect to obtaining Provider's compliance hereunder. No
payment for any services rendered under this Agreement shall
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be made without the prior approval of the Finance Director or
his/her designee.
TERM
The initial term of this Agreement shall be for one year,
commencing May l, 1997 and continuing to and including April
30, 1998, with two, one-year options, at the election of the
City, if it is satisfied with the performance of Provider
under the terms of this Agreement, for a total term of three
years.
TERMINATION OF AGREEMENT
The City shall have the right to terminate this Agreement upon
giving a thirty (30) written notice of such termination to
Provider. In the event of such termination, the Mayor of the
City, or his/her designee, based upon termination, shall
determine the amount of fees to be paid to Provider, for such
finding by the Mayor of the City, or his/her designee, and
approved by the San Bernardino Mayor and Common council, shall
be final and conclusive as to the amount of such fee.
INDEPENDENT CONTRACTOR
Provider shall act as an independent contractor in the
performance of the services provided for in this Agreement and
shall furnish such services in Provider's own manner and
method and in no respect shall Provider be considered an agent
or employee of the City.
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97-76
NONASSIGNMENT
This Agreement is not assignable either in whole or in part by
Provider without the written consent of City.
INDEMNIFICATION
Provider hereby agrees to, and shall hold city, its elective
and appointive boards, officers, agents, and employees,
harmless from any liability for damage or claims for damage,
for personal injury, including death, as well as from claims
for property damage which may arise from Provider's negligent
acts, errors or omissions under this Agreement. Provider
agrees to, and shall defend City and its elective and
appointive boards, officers, agents and employees form any
suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the aforesaid
negligent acts, errors or omissions.
EOUAL OPPORTUNITY CLAUSE
Provider shall not discriminate in its recruiting, hiring,
promotion, demotion or termination practices n the basis of
race, religious creed, color, national origin, ancestry, sex,
age or physical handicap in the performance of this Agreement
and shall comply with the provisions of the State Fair
Employment Practices Act as set forth in Part 4.5 of the
Division 2 of the California Labor Code, the Federal Civil
Rights Act of 1964, as set forth in Public Law 88-352, and all
amendments thereto; Executive Order 11246; and all
administrative rules and regulations issued pursuant to such
acts and order.
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97-76
UNAUTHORIZED ALIENS
Provider hereby promises and agrees to comply with all of the
provisions of the Federal Immigration and Nationality Act (8
USCA 1101, et weq.), as amended: and, in connection therewith,
shall not employ unauthorized aliens as defined therein.
Should Provider so employ such unauthorized aliens for the
performance of work and/or services covered by this contract,
and should the Federal Government impose sanctions against the
City for such use of unauthorized aliens, Provider hereby
agrees to, and shall, reimburse City for the cost of all such
sanctions imposed, together with any and all costs, including
attorney's fees, incurred by the City in connection therewith.
The costs, salary and expenses of the City Attorney and
members of his office in enforcing this contract on behalf of
the City shall be considered as "attorney's fees" for the
purposes of this paragraph.
JUDICIAL DECISIONS
This agreement shall be of no force and effect and no
liability an/or damages shall be assigned or assessed to
either party should City be limited, in whole or part, from
carrying out its obligations hereunder due to the decision of
the California Supreme Court in the case of County of San
Bernardino, et al. v. City of San Bernardino, Supreme Court
Case No. S050179 now pending, or any other judicial decision
subsequent to the execution of this Agreement.
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97-76
AGREEMENT WITH STAT PHYSICIANS' SERVICES FOR BILLING SERVICES.
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IN WITNESS THEREOF, the parties have executed this Agreement
on the day and year first above written.
Approved as to form
and legal content:
17 James F. Penman,
City Attorney
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I'
f. t~-v1~"
/f/lli'
,J
City of San Bernardino
B:;-;;;~/f.'J1UA~
I Tom Minor, Mayor
Attest:
Lj
16u.keJL '-(!j()j)L,
Rachel Clark, City Clerk
0U/l{/)tCOfflf'fLL;'I{u J )Dpp~
Provider:
STAT PHYSICIANS' SERVICES
P.O. Box 2310
s"n~rdino, ~ :"06
BY&c~~4~f~ ~
Patricia Scot " Owner
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