HomeMy WebLinkAbout1997-093 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO, 97-93 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DR. EUGENE KWONG FOR SERVICES AS THE FIRE DEPARTMENT MEDICAL DIRECTOR. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Purchasing Manager is hereby authorized and directed to execute a contract with Dr. Eugene Kwong to provide services as a part time Medical Director, a copy of which is attached hereto and marked as Exhibit "A" and incorporated herein with reference 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 SECTION 2, The authorization to execute the above referenced agreement is rescinded If the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. \\ \\ \\ \\ 04/10/1997 - Per Huston Carlyle (City Attorney's Office) this resolution will be rescinded on the April 21, 1997 Mayor and Common Council meeting. DO NOT HAVE MAYOR SIGN. Eileen Gomez \\ \\ \\ \\ \\ \\ 97-93 1 2 3 4 5 6 7 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DR. EUGENE KWONG FOR SERVICES AS THE FIRE DEPARTMENT MEDICAL DIRECTOR. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regUl'lfieeting April 7 , 199-, by the 7th day of thereof, held on the following vote, to wit: 8 COUNCIL MEMBERS AYES ABSTAIN ABSENT NAYS 9 10 11 12 13 14 15 x NEGRETE x CURLIN x ARIAS x OBERHELMAN x DEVLIN x ANDERSON 16 MILLER 17 18 19 20 x City Clerk day of 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this April 199 7 , -. Tom Minor, Mayor City of San Bernardino 97-93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO DR. EUGENE KWONG FOR SERVICES AS THE FIRE DEPARTMENT MEDICAL DIRECTOR, Approved as to form and legal content: / James F. Penman City Attorney By: 97-93 Exhibit "A" SERVICES AGREEMENT THIS AGREEMENT is entered between Eugene L. Kwong, M.D. BERNARDINO ("CITY"). into this 7th day of April, 1997 ("CONTRACTOR") and the CITY OF SAN WITNESSETH: A. WHEREAS, CITY has need for A Medical Services Director within the CITY and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the lowest responsible bid for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish Physician Oversight and Training services to CITY in accordance with Bid Specifications F-97-14. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Bid Specification F-97-14 Bidder's Proposal and Statement. 3. CONTRACTOR shall provide the San Bernardino City Fire Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The term of this Agreement shall be one (1) year from the date first above shown. It may be canceled by thirty days written notice by either party. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement or expenses (including, without limitation, reasonable costs of defence) arising out of or related to CONTRACTOR's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. 6. While not restricting or limiting the foregoing, during the term of this Agreement, contractor shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. 97-93 7. CONTRACTOR shall perform work tasks as directed by the Fire Chief or EMS Program Director of the Fire Department, but for all intents and purposes contractor shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: EMS Program Directo~ 200 E. Third Streee San Bernardino, CA 92410 TO THE CONTRACTOR: Eugene L. Kwong, M.D. 12831 Puesta Del Sol Redlands, CA 92373 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: BY:Bu~l~~~~Name Signature CITY OF SAN BERNARDINO Date: By: John P. Murphy, Purchasing Manager City of San Bernardino ATTEST: Rachel Clark, City Clerk 97-93 Approved as to form and legal content: James F. Penman, City Attorney By: / ,",--!Uo81__~_--:.-."",_, . ,.._ "~.~.~_ _ ___~~_~.~ "'~~' .";: ~". ;~~:..:~t.~~:::~.~::.;::;::~':~~~~~~.~~-~~,'~t~!~~Si~lf~:~.:';r2S::::\~~=:~2:~~t:~~0~~~~~ REQUEST FOR PURCHASE CITY OF SAN BERNARDINO Item No. Complete Nomenclature J Description of Malenal DimensIons. Color, Mfg. & ~umber, Etc. Detail description of work to be done. II replacement part-Mfg. Name. Part no., MOdel & Serial no. of Machine. Quantity To Order Unit 01 Measure Unit Price or Best Estimate ExtenSion 1 Part time position of Medical Director. $60,000 budgeted for position of Medical Director to work in EMS Division approx. 8 hours per week. We estimate contract services to be $20,000 for remainder of fiscal year. ~ecommenaed Vendor: D Eugene Kwong Ph~: 909-794-1427 SUB TOTAL r. Address: 12831 Puesta Del Sol. Redlands CA 92373 SALES TAX EST. FREIGHT Contact: Delivery Oale: March 1, 1997 Terms: F.O.B. POlOt GRAND TOTAL $20,000 00 $20,00 00 For other vendor contacts userewerae sideo I hereby certify that lha.......It_ .. _ lor ~~e~', arwl anl 10 i;- ~lorl~~l I Buyee I APPROVED DEPARTMENT I DIVISION HEAD CITY ADMINISTRATOR DISTRIBUTION: WHITE & CANARY TO PURCHASING GOLDENROD: DEPT, COpy STK. NO. 75-0267