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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Huston T. Carlyle, Jr.
Senior Assistant City Attorney
Dept: City Attorney's Office
Subject: Resolution Rescinding Resolution
97-93 and awarding a contract
"J1rI(i/"')f~for Fire Department Medical Director.
Date: April 17, 1997
Synopsis of Previous Council action:
Adoption of Resolution 97-93 on April 7, 1997.
Recommended motion:
Adopt Resolution Rescinding Resolution 97-93 and awarding
the contract for Fire Department Medical Director to
Dr. Eugene Kwong.
Signature
Contact person: Stephanie D. Easland
Phone:
(909)384-5355
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
Res 97- ItJ ~
otft/ /17
Agenda Item No. I:; - ''3 --
75-0262
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STAFF REPORT
Council Meeting Date: APRIL 21,1997
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
Huston T. Carlyle, Jr., Senior Assistant City Attorney
APRIL 17, 1997
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO RESCINDING RESOLUTION 97.93 AND
AWARDING A CONTRACT TO DR. EUGENE KWONG FOR SERVICES AS
THE FIRE DEPARTMENT MEDICAL DIRECTOR
The prior contract adopted by Resolution 97-93 did not include the City of San Bernardino
as an additional insured on Dr. Kwong's comprehensive public, general and automobile liability
insurance, nor did it provide for Dr. Kwong to carry medical malpractice insurance. These two
provisions are necessary to better protect the City of San Bernardino in its undertaking to provide
ambulance service to the public.
.
.
.
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 panies hereto agree as follows:
1. CONTRACTOR shall fumish 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. COI\<!RACTOR shall provide the San Bernardino Fire Department with a monthly invoice
in arrears and shall be provided payment within thiny (30) days therefrom. CITY retains the right
to challenge all or any pan 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 thiny (30) days written notice by either party.
5. CONTRACTOR shall indelllllifY, 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 propeny is caused by CITY's ....illful 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 51,000,000.00 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 undenaking any work under this
Agreement.
EXHIBIT "A"
.
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"
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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
selVlce.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
date first above shown.
Date:
By:
Business Name
Signature
CITY OF SAN BERNARDINO
Date:
By:
ATTEST:
John P. Murphy,
Purchasing Manager
City of San Bernardino
Rachel Clark, City Clerk
Approved as to form and
legal conte t:
By:
EXHIBIT "A"