HomeMy WebLinkAbout1994-268
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RESOLUTION 94-268
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 PARAMEDIC
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 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
12 Agreement is rescinded if the parties to the Agreement fail to
13 execute it within sixty (60) days of the passage of this
14 resolution.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of September
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regular meeting thereof, held on the
6th
, 1994, by the following vote, to wit:
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94-268
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH STAT PHYSICIANS' SERVICE TO PROVIDE
BILLING SERVICES FOR THE COLLECTION OF FEES FOR PARAMEDIC
3 SERVICES.
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AYES NAYS
--X..-
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COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
ABSTAIN
ABSENT
UA.cl--.L~~ e E~./'-Aj
RACHEL CLARK, City Clerk
y , { A.~
The foregoing resolution is hereby approved this
day of September , 1994.
Approved as to form
and legal content:
JAMES PENMAN
City Attorney
By~~a_-
~-7~
'TOM MINOR, Mayor
City of San Bernardino
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94-268
AGREEMENT
2 THIS AGREEMENT, made and entered into this ;('ij~ day of
3 --A1:Jh~- , 1994 by and between the CITY OF SAN BERNARDINO,
4 a Charter
city ("city") and a California Corporation doing
5 business as STAT Physicians' Services, hereinafter referred to as
6 "Provider" WITNESSETH:
7 WHEREAS, city did accept the proposal of the Provider,
8 NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
9 1.
RECITALS
10 This Agreement is made and entered into with respect to the
11 following facts:
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A. The City has implemented a paramedic subscription program
for its residents and City currently bills those program
subscribers as well as those who use the paramedic
service but are not subscribers; 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.
SERVICES
Provider shall perform those services specified in that
certain proposal dated June 20, 1994, 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. Per-
formance of the work specified in said Proposal is made an
obligation of Provider under this Agreement, subject to any
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94-268
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 an amount of not to
exceed eight percent (8%) of amounts collected by Provider
under the billing program. Said amount shall be deducted
weekly from amounts collected and remitted to City.
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
be made without the prior approval of the Finance Director, or
his/her designee.
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94-268
TERM
The term of this Agreement shall be for three years,
commencing October 1, 1994, and continuing to and including
September 30, 1997.
Upon expiration of the term of this Agreement, City shall have
the right to extend the same for an additional two (2) year
period to and including September 30, 1999. Should City elect
to extend the term of this Agreement, city shall so notify the
Provider in writing thirty (30) days prior to September 30,
1997.
TERMINATION OF AGREEMENT
The city shall have the right to terminate this Agreement upon
giving a thirty (30) day written notice of such termination to
Provider. In the event of such termination, the City
Administrator, or his/her designee, based upon termination,
shall determine the amount of fees to be paid to Provider, for
such finding by the City Administrator, 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.
NONASSIGNMENT
This Agreement is not assignable either in whole or in part by
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94-268
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 from 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 on 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.
UNAUTHORIZED ALIENS
Provider hereby promises and agrees to comply with all of the
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94-268
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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.
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94-268
AGREEMENT WITH STAT PHYSICIANS' SERVICES, INCORPORATED FOR BILLING
SERVICES.
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2 IN WITNESS THEREOF, the parties have executed this Agreement
3 on the day and year first above written.
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city of San Bernardino
~~
om Minor, Mayor
Approved as to form
11 and legal content:
Attest:
~k~
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By: ~d2
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Provider
STAT PHYSICIANS' SERVICES
P.O. Box 2310
San Bernardino, CA 92406
/) ()
By: Ifj{.,,~./~fi~
President