HomeMy WebLinkAbout1997-108
RESOLUTION NO. 97-108
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RESCINDING RESOLUTION 97-93 AND AWARDING A CONTRACT
3 TO DR. EUGENE KWONG FOR SERVICES AS THE FIRE DEPARTMENT MEDICAL
DIRECTOR.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Resolution No. 97-93 is hereby rescinded in its entirety,
SECTION 2. The Purchasing Manager is hereby authorized and directed to execute a
8 contract with Dr. Eugene Kwong to provide services as a part time Medical Director, a copy of which
9 is attached hereto and marked as Exhibit "A" and incorporated herein with reference as though set
10 forth at length.
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SECTION 3. The authorization to execute the above-referenced Agreement is rescinded
12 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this
13 Resolution.
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97-108
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RESCINDING RESOLUTION 97-93 AND AWARDING A CONTRACT
2 TO DR. EUGENE KWONG FOR SERVICES AS THE FIRE DEPARTMENT MEDICAL
DIRECTOR.
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I HEREBY CERTIFY that the foregoing ~e~olution was duly adopted by the Mayor and
4 )01nt
Common Council of the City of San Bernardino at a regula'ineeting thereof, held on the 21stday
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of Apri,11997, by the following vote, to wit:
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7:~kt CJ~
Rachel Clark, City Clerk
!J. yJaneiMDhu! di"ncv-, ~p-tg-
The foregoing Resolution is hereby approved this..1lfi<'day of Apnl , 1997.
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Tom Minor, Mayor
City of San Bernardino
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23 Approved as to form
and legal content:
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JAMES F. PENMAN,
25 City Att y
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By:
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97-108
SERVICES AGREEMENT
THIS AGREEMENT is entered into this _ day of , 1997 between Eugene
L. Kwong, M.D, ("CONTRACTOR) and the CITY OF SAN BERNARDINO ("CITY"),
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:
I. 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 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 (I) year from the date first above shown It may
be canceled by thirty (30) 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, judgment or expenses (including, without limitation,
reasonable costs of defense) 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, naming the City of San
Bernardino as an additional insured, 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,
EXHIBIT "A"
97-108
7. While not restricting or limiting the foregoing, during the term of this Agreement,
CONTRACTOR shall maintain in effect a policy of medical malpractice insurance with limits of at
least $1,000,000,00 per claim, and shall file copies of said policy with the CITY's Risk Manager prior
to undertaking any work under this Agreement. Said medical malpractice insurance policy required
hereunder shall name the CITY as an additional insured,
8. CONTRACTOR shall perform work tasks as directed by the Fire Chief of 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.
9. 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,
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EXHIBIT "A"
97-108
10. 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 Director
200 E. Third Street
San Bernardino, CA 92410
TO THE CONTRACTOR:
Eugene L. Kwong, M,D,
12831 Puesta Del Sol
Redlands, California 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,
By:
Business Name
Date:
Signature
CITY OF SAN BERNARDINO
By:
Date:
John p, Murphy,
Purchasing Manager
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form and
legal conte t:
EXHIBIT "A"
By: