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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Michael J. Conrad, Fire Chief
Subject: Resolution authorizing the City of San Bernardino
to enter into a new standard agreement with the
Department of Mental Health-Patton State Hospital.
OPt:
Fire
Date:
June 12, 2008
MC/C Meeting Date:
July 7,2008
Synopsis of Previous Council Action:
07/24/06
Resolution #2006-266 authorizing the City of San Bernardino to enter into standard agreements
with the Department of Mental Health-Patton State Hospital.
RECOMMENDATION:
Adopt resolution.
o
~pt,~
Signature
Contact Person: Michael J. Conrad. Fire Chief
Phone: (909) 384-5286
Supporting data attached: StaffReoort. Resolution. and Agreement
Ward: Citv Wide
FUNDING REQUIREMENTS:
Amount:
Source:
(AcctNo.)
(Acct Descriotion)
Finance:
Council Notes:
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Agenda Item NO.--1.9..---
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STAFF REPORT
SUBJECT:
Resolution authorizing the City of San Bernardino to enter into a new standard agreement with
the Department of Mental Health-Patton State Hospital.
BACKGROUND:
The Fire Department responds to emergency medical incidents and renders emergency medical
care and lifesaving measures in accordance with emergency medical standards established by the
San Bernardino County Health Officer. For EMS services rendered, the city charges a user fee.
The City of San Bernardino Municipal Code Chapter 3.72 authorizes the city to charge the EMS
user fee to recover costs associated with the delivery of paramedic services for basic and
advanced life support services.
The California Department of Mental Health requires that state mental hospitals enter into
agreements to reimburse local agencies for services provided to patients. The current agreement
expires on June 30, 2008. Therefore, Patton State Hospital, the local care and treatment facility
within our community is required to establish a new agreement with the city. The agreement will
allow Patton State Hospital to reimburse the city for emergency medical services rendered.
The Fire Department is requesting authorization to enter into a new standard agreement with the
Department of Mental Health-Patton State Hospital to compensate the city for billable EMS
services at their facility. The agreement requires action for the city to receive compensation for
services provided to Patton State Hospital from July 1, 2008 through June 30, 2010 (attachment
A). The agreement outlines mutual expectations, rights and responsibilities of the Department of
Mental Health-Patton State Hospital and the Fire Department.
Since the implementation date of agreement has passed, the resolution ratifies any action taken
from July 1, 2008 through the date that the agreement is executed.
FINANCIAL IMPACT:
There is no cost to the City to enter into this new standard agreement with the Department of
Mental Health-Patton State Hospital. Services are being provided with or without the agreement
in place. However, this will allow Patton State Hospital to compensate the City for all emergency
medical services rendered to their patients.
All approved invoices by Patton State Hospital will compensate the City for EMS services and
funds will be deposited into the City's revenue account number 001-000-4880 (EMS user fee).
Agreement number 08-30099 will allow us to receive compensation for billable services in the
amount not-to-exceed $49,999.99; retro from July 1, 2008 through June 30, 2010.
RECOMMENDATION:
Adopt resolution.
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER
INTO A NEW STANDARD AGREEMENT WITH THE DEPARTMENT OF MENTAL
HEALTH-PATTON STATE HOSPITAL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City of San Bernardino and the Department of Mental Health-Patton
State Hospital wish to enter into a new standard agreement for emergency medical services
reimbursement to the City of San Bernardino;
SECTION 2. The City Manager or his designee is hereby authorized and directed to
execute said agreement, a copy of which is attached and incorporated herein as Attachment A;
SECTION 3. The term of the Standard Agreement is from July 1, 2008 through June
30,2010; therefore, any action taken between July 1,2008 and the date that the agreement is
executed is hereby ratified.
SECTION 4. The authorization to execute the above referenced Agreement IS
rescinded if it is not executed within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER
INTO A NEW STANDARD AGREEMENT WITH THE DEPARTMENT OF MENTAL
HEALTH-PATTON STATE HOSPITAL.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof,
held on the
day of
, 2008, by the following vote, to wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
City of San Bernardino
The foregoing Resolution is hereby approved this
day of
,2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN, City Attorney
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STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
08-30099
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Department of Mental Health - Patton State Hospital
CONTRACTOR'S NAME
City of San Bernardino Fire Department
The term of this
Agreement is:
3. The maximum amount $49,999.99
of this Agreement is: Forty-Nine Thousand, Nine Hundred and Ninety-Nine Dollars, and Zero Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work
2.
July 1,2008 through June 30, 2010
3 pages
Exhibit B - Budget Detail and Payment Provisions
2 pages
Exhibit C* - General Terms and Conditions
GTC 307
Check mark one item below as Exhibit D:
rgJ Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement)
o Exhibit - D* Special Terms and Conditions
3 pages
Items shown with an Asterisk (*j, are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.govIStandard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR eellfornie Department of G.n....,
Services Us. Only
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership. etc.)
City of San Bernardino Fire Department
BY (Authorized Signatul8) DATE SIGNED(Do not type)
,g
PRINTED NAME AND TITLE OF PERSON SIGNING APPROVED AS TO FORM:
Fred Wilson, City Manager James F. Penman,
ADDRESS ~~~.I ..
200 E. Third Street
San Bernardino, CA 92410-4889 By:
STATE OF CALIFORNIA
AGENCY NAME
Department of Mental Health - Patton State Hospital
BY (Authorized Signature) DATE SIGNED(Do not type)
,g
PRINTED NAME AND TITLE OF PERSON SIGNING 181 Exempt per. SCM #4.04.5.b
Octavio C. Luna, Executive Director
ADDRESS
3102 East Highland Avenue
Patton, CA 92369-0999
ATTACHMENT "A"
SCOPE OF WORK
EXHIBIT A
City of San Bernardino Fire Department
Agreement #08-30099
Page 2 of 10
Important Disclaimer: This contract shall be of no force or effect pending signature by both parties (State
Agency and Contractor).
1. City of San Bernardino Fire Department, hereafter referred to as the Contractor, agrees to provide to Patton
State Hospital (PSH) paramedic and Emergency Medical Technician (EMT-1) services as described herein:
A. To assist the PSH Medical Staff in providing the highest quality of medical care reasonable and consistent
with available resources.
B. To assure that evaluations and documentation meet the requirements and standards set by Licensing (Title
22) and Joint Commission on Accreditation of Health care Organizations (JCAHO) or American
Osteopathic Association (AOA) accreditation.
2. The services shall be performed for Patton State Hospital, 3102 E. Highland Avenue, Patton, CA 92369-0999.
3. The Contractor's professional, technical, and administrative personnel shall provide the necessary covered
services (on-call), 24 hours per day, 7 days per week.
4. The project representative during the term of this agreement will be:
State Agency:
Name:
Phone:
Fax:
Direct All Inquiries To:
State Agency:
Section/Unit
Attention:
Address:
Phone:
Fax:
Patton State Hospital
Darryl Brown
(909) 425-7960
(909) 425-6589
Contractor:
Name:
Phone:
Fax:
Patton State Hospital
Contracts Office
Carolyn DeCorse
3102 E. Highland Avenue
Patton, CA 92369-0999
(909) 425-7285
(909) 425-6243
Contractor:
Section/Unit:
Attention:
Address:
Phone:
Fax:
City of San Bemardino
Fire Department
Bemie Horak
(909) 384-5530
(909) 384-5281
City of San Bernardino
Fire Department
EMS Coordinator
Bernie Horak
200 E. Third Street
San Bernardino, CA 92410
(909) 384-5530
(909) 384-5281
City of San Bernardino Fire Department
Agreement #08-30099
Page 3 of 10
SCOPE OF WORK (Continued)
5. Contractor shall supply all personnel, labor, tools, supplies, materials, equipment, licenses, permits, insurance,
and a properly equipped service vehicle to provide paramedic and EMT-1 services, on as-needed basis.
A. Contractor shall assure that qualified personnel will provide paramedic and EMT -1 service. Contractor's
vehicle will arrive with the Advanced Cardiac Life Support (ACLS) and other equipment for life-saving
measures.
B. Paramedic services shall be for emergency care to stabilize the patient on-site at PSH.
C. Upon arrival at a PSH medical emergency, if a PSH physician is already attending and directing emergency
care, the paramedic shall acquire authorization from the attending physician (on-site) to commence
emergency procedures.
D. The PSH attending physician shall transfer control to Contractor's paramedic at an appropriate point of
care. If there is no PSH physician on-site directing emergency care when Contractor's paramedic reaches
the patient, Contractor's paramedic shall assume control immediately. PSH staff shall supply relevant
patient medical information to paramedic and EMT-1, as available.
E. Exchange of monitoring equipment (from PSH to Contractor) shall be done at an appropriate time that does
not interfere with medical treatment in progress.
F. Contractor shall respond in a timely manner, to PSH calls, for emergency or non-emergency calls, as
requested and/or as appropriate.
G. Contractor shall provide a liaison for discussion of questions or problems related to cases in which the
Contractor is involved. PSH liaison shall be the Chief Physician and Surgeon or designee.
H. PSH shall provide opportunities for Contractor to participate in drills or practice/mock runs on the hospital's
property, upon Contractor's request or voluntarily if invited by PSH, to enhance readiness for emergency or
disaster response.
I. Contractor shall provide copy of run sheets with invoices, or earlier upon request by PSH, to facilitate
clinical case review.
6. PSH Requirements
A. Contractor shall abide by PSH bylaws, policies, and procedures.
B. All patient care services must comply with applicable Joint Commission on Accreditation of Healthcare
Organizations (JCAHO) standards.
C. Mutual Indemnification - Each party, to this contract, shall defend, indemnify, hold free and harmless the
other party, its elected officials, its officers and employees, from and against any and all liability, claims,
losses and demands, including attorney's fees and other reasonable costs incurred in defending any such
claim, whether resulting from court action or otherwise, arising out of the acts, errors or omissions of the
indemnifying party, its employees and/or authorized subcontractors, whether intentional or negligent, in the
performance of this Agreement.
D. Self-Insured Status - Contractor is self-insured through the Big Independent Cities Excess Pool Joint
Powers Authority ("BICEP") pursuant to Government Code sections 990.8 and 6500, et seq.
E. Contractor shall maintain in effect at all times, during the term of the Agreement, current licenses,
certifications, and permits in accordance with Federal, State, and local government requirements.
City of San Bernardino Fire Department
Agreement #08-30099
Page 4 of 10
SCOPE OF WORK (Continued)
F. Contractor's representatives shall present proper identification in order to be admitted into all secured
compounds. (Valid Pictured I.D., Certification Cards, Etc.)
G. All work shall be coordinated and approved by the Project Coordinator.
City of San Bernardino Fire Department
Agreement #08-30099
Page 5 of 10
THIS PAGE HAS BEEN INTENTIONALLY BLANK
City of San Bernardino Fire Department
Agreement #08-30099
Page 6 of 10
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicina and Pavment
A. For services satisfactorily rendered as specified in EXHIBIT A, Scope of Work, and upon receipt and
approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in
accordance with the rates specified herein, which is attached hereto (labeled in Item #3 - Budget Detail)
and made a part of this Agreement.
B. Invoices for services to be paid by Pattan State Hospital (PSH) must be submitted in duplicate, as specified
in Paragraph B, within forty-five (45) days after services were performed and shall include the PSH
Agreement Number, Patient Name, Date of Services Performed. Description of Services/Procedures
Provided, the Usual and Customary Rate. Itemization of Costs, related CPT codes associated with
services, and Total Amount Due. Invoice(s) shall be submitted in arrears to:
Patton State Hospital
ATTN: ACCOUNTING/Accounts Payable
3102 E. Highland Avenue
Patton, CA 92369-0999
C. Prior to invoicing Patton State Hospital, Contractor shall bill Medicare or other third-party insurance within
the specified time frames set by Medicare or other third-party insurance for reimbursement. Statements
and Medicare Explanation of Benefits, which reflect MEDICARE and/or third party payments or denials,
must be submitted with original invoice for payment when invoicing Patton State Hospital for the difference
and/or the remaining balance which is not covered by Medicare.
D. Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5,
commencing with Section 927.
F. Amounts to be encumbered for the fiscal years covered by this contract are as follows:
$24,999.99 in FY 2008/09 (07/01/08 to 06/30/09)
$25,000.00 in FY 2009/10 (07/01/09 to 06/30/10)
G. The above amounts may be adjusted between the fiscal years to cover services rendered for a particular
fiscal year at the sole discretion of the Fiscal Officer at PSH as long as the total amount specified on Page
1, Item #3, is not exceeded.
2. Budaet Continaencv Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under
this Agreement does not appropriate sufficient funds for the program, this Agreement shall be invalid and of
no further force and effect. In this event, the State shall give notice thereof to Contractor, and shall have no
further liability to pay any funds whatsoever to the Contractor or to fumish any other considerations under
this Agreement except for services already performed, and the Contractor shall not be obligated to perform
any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State
shall have the option to either cancel this Agreement with no liability accruing to the State, except for
payment for services already completed, or offer an agreement amendment to the Contractor to reflect the
reduced amount.
BUDGET DETAIL AND PAYMENT PROVISIONS (continued)
3. Budaet Detail
RATE PER CAlL
$250.00
$250.00
City of San Bernardino Fire Department
Agreement #08-30099
Page 7 of 10
GTC 307
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and to
copy any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated. Contractor agrees to
allow the auditor(s) access to such records during normal business hours and-to allow interviews
of any employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview staff in any
subcontract related to performance of this Agreement. (Gov. Code ~8546.7, Pub. Contract Code
~10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indenmify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance ofthis Agreement, shall act in an independent capacity and not as officers or
. employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section l2l56( e), the certification required by this subdivision shall specify that the cartridges so
comply (pub. Contract Code ~12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (cancer), age (over 40), marital status, and denial offamily care leave. Contractor and
subcontractors shall insure thatthe evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment. Contractor and subcontractors
shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code ~ 12990
(a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of
Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment
and Housing Commission implementing Govemment Code Section 12990 (a-f), set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into
this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws ofthe State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement,
a monetary recovery for a cause of action assigned under this chapter, the assignor shall be
entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover
from the public body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public body as part of the bid
price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of$IOO,OOO, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a). The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department."
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIR1NGCONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code ~10353.
S:IADMIN\HOMEP AGEIGTC-307.doc
City of San Bemardino Fire Department
Agreement #08-30099
Page 8 of 10
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. NOTICE. Notice to either party shall be given by first class mail properly addressed, postage fully prepaid, to
the address beneath the name of each respective party. Such notice shall be effective when received as
indicated by post office records or if deemed undeliverable by post office, such notice shall be effective
nevertheless 15 days after mailing. Altematively, notice may be given by personal delivery by any means
whatsoever to the party, and such notice shall be deemed effective when delivered.
2. WAIVER. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent
breach. All remedies afforded in this Contract shall be taken and construed as cumulative; that is, in addition to
every other remedy provided therein or by law. The failure of either party to enforce at any time the provisions
of this Contract, or to require at any time performance by the other party of any of the provisions, shall in no way
be construed to be a waiver of such provisions not to affect the validity of this Contract or the right of eith!!r
party to enforce said provisions.
3. GRATUITIES AND CONTINGENCY FEES. The State, by written notice to the Contractor, may terminate the
right of Contractor to proceed under this Contract if it is found, after notice and hearing by the State, that
gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer
or employee of the State with a view toward securing a contract or securing favorable treatment with respect to
the awarding, amending, or performing of such contract.
In the event this Contract is terminated as provided in the paragraph above, State shall be entitled (a) to pursue
the same remedies against Contractor as it could pursue in the event of the breach of the Contract by the
Contractor, and (b) as a predetermined amount of liquidated damages, to exemplary damages in an amount
which shall not be less than three times the cost incurred by the Contractor in providing any such gratuities to
any such officer or employee.
The rights and remedies of the State provided in this clause shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this Contract.
The Contractor warrants by execution of this Contract that no person or selling agency has been employed or
retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage,
brokerage or contingent fee, excepting bona fide employees of Contractor, for the purpose of securing
business. For breach or violation of this warranty, the State shall have the right to annul this Contract without
liability, paying only for the values of the work actually retumed, or in its discretion to deduct from the contract
price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
4. INSURANCE. Contractor hereby warrants that it is self insured for Public Liability and Workers' Compensation
and agrees to furnish to State satisfactory evidence thereof at any time the State may request the same.
In the alternative Contractor hereby warrants that it carries and shall maintain in full force and effect during the
full term of this contract and any extensions to said term:
Sufficient and adequate Worker's Compensation Insurance for all of its employees who shall be engaged in the
performance of this Contract and agrees to furnish to State satisfactory evidence thereof at any time the State
may request the same; and
Sufficient and adequate Liability Insurance to cover any and all potential liabilities and agrees to furnish to State
satisfactory evidence thereof upon request by State.
City of San Bernardino Fire Department
Agreement #08-30099
Page 9 of 10
SPECIAL TERMS AND CONDITIONS (Continued)
5. CONTRACT IS COMPLETE. Other than as specified herein, no document or communication passing between
the parties hereto shall be deemed a part of this Contract.
6. CAPTIONS. The clause headings appearing in this Contract have been inserted for the purpose of
convenience and ready reference. They do not purport to and shall not be deemed to define, limit or extend the
scope or intent of the clauses to which they pertain.
7. PUBLIC HEARINGS. If public hearings on the subject matter dealt with in this Contract are held within one year
from the contract expiration date, Contractor shall make available to testify the personnel assigned to this
Contract at the hourly rates specified in the Contractor's proposed budget. State shall reimburse Contractor for
travel of said personnel at the contract rates for such testimony as may be requested by State.
8. FORCE MAJEURE. Neither the State nor the Contractor shall be deemed to be in default in the performance of
the terms of this Contract if either party is prevented from performing the terms of this Contract by causes
beyond its control, including without being limited to: acts of God; interference, rulings or decision by municipal,
Federal, State or other governmental agencies, boards or commissions; any laws and/or regulations of such
municipal, State, Federal, or other governmental bodies; or any catastrophe resulting from flood, fire, explosion,
or other causes beyond the control of the defaulting party. If any of the stated contingencies occur, the party
delayed by force majeure shall immediately give the other party written notice of the cause of delay. The party
delayed by force majeure shall use reasonable diligence to correct the cause of the delay, if correctable.
9. PERMITS AND LICENSES. The Contractor shall procure and keep in full force and effect during the term of
this Contract all permits, registrations and licenses necessary to accomplish the work specified in this Contract,
and give all notices necessary and incident to the lawful prosecution of the work.
The Contractor shall keep informed of, observe, comply with, and cause all of its agents and employees to
' observe and to comply with all prevailing Federal, State, and local laws, and rules and regulations made
pursuant to said Federal, State, and local laws, which in any way affect the conduct of the work of this Contract.
If any conflict arises between provisions of the plans and specifications and any such law above referred to,
then the Contractor shall immediately notify the State in writing.
10. LITIGATION. Each party, promptly after receiving notice thereof, shall notify the other party in writing of the
commencement of any claim, suit, or action against the notifying party or its officers or employees for which the
other party must provide indemnification under this Contract. The failure of a party to give such notice,
information, a\lthorization or assistance shall not relieve the other party of its indemnification obligations. Each
party shall immediately notify the other party of any claim or action against it which affects, or may affect, this
Contract, the terms and conditions hereunder, or the other party, and shall take such action with respect to said
claim or action which is consistent with the terms of this Contract and the interest of the other party.
11. EVALUATION OF CONTRACTOR'S PERFORMANCE. The Contractor's performance under this Contract shall
be evaluated by the State after completion of the contract. A copy of the written evaluation shall be maintained
in the contract file and may be submitted to the Office of Legal Services, Department of General Services.
12. TRAVEL. Contractor's headquarters for purposes of payment of travel shall be the city designated in the
signature block unless otherwise specified in the contract.
For travel necessary to the performance of this Contract, contractor shall use and submit travel reimbursement
forms provided by the Department. All reimbursements shall be made in accordance with, and shall not exceed
the rates authorized by, the State Administrative Manual and the Policies and Procedures of the Department.
All requests to exceed any base reimbursement rate established in the State Administrative Manual or the
Policies and Procedures of the Department must be made and approved prior to the date of travel and must be
submitted in writing to the State's Contract Manager.
13. TERMINATION. Unless otherwise specified, either party may terminate this Contract by giving 30 days written
notice to the other party. The notice of termination shall specify the effective date of termination.
City of San Bernardino Fire Department
Agreement #08-30099
Page 10 of 10
SPECIAL TERMS AND CONDITIONS (Continued)
A. Upon the Contractor's receipt of notice of termination from the State, and except as otherwise directed in
the notice, the Contractor shall stop work on the date specified in the notice.
14. CONFIDENTIALITY AND INFORMATION SECURITY PROVISIONS.
A. Each party shall comply with applicable laws and regulations, including but not limited to Sections 14100.2
and 5328 et seq. of the Welfare and Institutions Code, Section 431.300 et seq. of Title 42, Code of Federal
Regulations, and the Health Insurance Portability and Accountability Act (HIPAA), and it's implementing
regulations (including but not limited to Title 45, CFR, Parts 160, 162 and 164) regarding the confidentiality
and security of individually identifiable health information (IIHI).
B. Nondisclosure. Neither party shall use or disclose confidential, individually identifiable, or sensitive
information other than as permitted or required by the Contract and as required by law.
15. AUDITS, INSPECTION AND ENFORCEMENT.
A. From time to time, the State may inspect the facilities, systems, books and records of Contractor to monitor
compliance with the Contract.
B. Contractor shall promptly remedy any violation of any provision of the Contract and
C. The fact that the State inspects, or fails to inspect, or has the right to inspect Contractor's facilities, systems,
and procedures does not relieve Contractor of its responsibility to comply with the Contract.
D. The State's failure to detect or the State's detection of any unsatisfactory practices, but failure to notify
Contractor or require Contractor's remediation of the unsatisfactory practices does not constitute
acceptance of such practice or a waiver of the State's enforcement rights under the Contract.
16. Use of State Funds. Contractor, including its officers and members, shall not use funds received from the
Department pursuant to this contract to support or pay for costs or expenses related to the following:
A. Campaigning or other partisan activities to advocate for either the eiection or defeat of any candidate for
elective office, or for or against the passage of any proposition or ballot measure; or,
B. Lobbying for either the passage or defeat of any legislation.
This provision is not intended and shall not be construed to limit any expression of a view, opinion, or
position of any member of Contractor as an individual or private citizens, as long as state funds are not
used; nor does this provision limit Contractor from merely reporting the results of a poll or survey of its
membership.
17. Drug-Free Workplace Certification. Contractor shall comply with the requirements of the Drug-Free Workplace
Act of 1990 (Government Code Section 8350 et seq.) and shall provide a dug-free workplace.
18. Conflict of Interest Certification. In accordance with State laws and Departmental policy, no employees
(including contractors) shall participate in incompatible activities, which are in conflict with their job duties. In
addition, State law requires employees whose positions are designated in the Department's Conflict of Interest
Code to file statements of economic interest. Employees whose positions have been designated will be notified
by the Department if a statement is required.
In signing this contract, I certify that I have read and understand GOVERNMENT CODE 19990.
Rev. 7-3-08
STATE OF CALIFORNIA
STANDARD AGREEMENT
sm 213 (Rev 06/03)
AGREEMENT NUMBER
08-30099
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCYS NAME
Department of Mental Health - Patton State Hospital
CONTRACTOR'S NAME
2.
City of San Bemardino Fire Department
The term of this
Agreement is:
July 1, 2008 through June 30, 2010
3. The maximum amount $49,999.99
of this Agreement is: Forty-Nine Thousand, Nine Hundred and Ninety-Nine Dollars, and Zero Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work 3 pages
Exhibit B - Budget Detail and Payment Provisions
2 pages
Exhibit C* - General Terms and Conditions
GTC 307
Check mark one item below as Exhibit 0:
!81 Exhibit - 0 Special Terms and Conditions (Attached hereto as part of this agreement)
D Exhibit - 0* Special Terms and Conditions
3 pages
Items shown with an Asterisk (*), are hereby Incorporated by referance and made parl of this agreement as If attached hereto.
These documents can be viewed at www.oIs.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties herato.
CONTRACTOR Callforn" Deportment of General
SWVIC8S Use Only
CONTRACTOR'S NAME (if other than an individual. state whether a corporation, partnership, etc.)
City of San Bernardino Fire Department
BY (Authorized Signature) DATE SIGNED(Do not type)
~
PRINTED NAME AND TITLE OF PERSON SIGNING APPROVED AS TO FORM:
Fred Wilson, City Manager James F. Penman,
ADDRESS '-.1. '-x "
200 E. Third Street By: ( IJ. ~</)-
San Bemardino, CA 92410-4889
STATE OF CALIF~R~IA
AGENCY NAME , .V
Department of Mental Health - Patton State Hospital
BY (Authorized Signature) DATE SIGNED(Do not type)
II<
PRINTED NAME AND TITLE OF PERSON SIGNING 1:81 Exempt per: SCM #4.04.5.b
Octavio C. Luna, Executive Director
ADDRESS
3102 East Highland Avenue
Patton, CA 92369-0999
STATE OF CALIFORNIA
STANDARD AGREEMENT
STO 213 (Rev 06/03)
AGREEMENT NUMBER
08-30099
REGISTRA nON NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Department of Mental Health - Patton State Hospital
CONTRACTOR'S NAME
City of San Bernardino Fire Department
The term of this
Agreement is:
3. The maximum amount $49,999.99
of this Agreement is: Forty-Nine Thousand, Nine Hundred and Ninety-Nine Dollars, and Zero Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A- Scope of Work
2.
July 1,2008 through June 30, 2010
3 pages
Exhibit B - Budget Detail and Payment Provisions
2 pages
Exhibit C* - General Terms and Conditions
GTC 307
Check mark one item below as Exhibit D:
[8J Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement)
D Exhibit - D* Special Terms and Conditions
3 pages
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreament as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California Department of Genaral
Services Use Only
CONTRACTOR'S NAME (If other than an individual. state whether a corporation, partnership, etc.)
City of San Bernardino Fire Department
BY (Authorized Signature)
DATE SlGNED(Do not type)
IS
PRINTED NAME AND TITLE OF PERSON SIGNING
Fred Wilson, City Manager
ADDRESS
200 E. Third Street
San Bernardino, CA 92410-4889
AGENCY NAME
Department of Mental Health - Patton State H
BY (Authorized Signature)
APPROVED AS TO FORM:
James F. Penman,
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Octavio C. Luna, Executive Director
ADDRESS
3102 East Highland Avenue
Patton, CA 92369-0999
~ Exempt per. SCM #4.04.5.b
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
08-30099
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Department of Mental Health - Patton State Hospital
CONTRACTOR'S NAME
City of San Bernardino Fire Department
2. The term of this
Agreement is:
July 1, 2008 through June 30, 2010
3. The maximum amount $49,999.99
of this Agreement is: Forty-Nine Thousand, Nine Hundred and Ninety-Nine Dollars, and Zero Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work 3 pages
Exhibit B - Budget Detail and Payment Provisions
2 pages
Exhibit C* - General Terms and Conditions
GTC 307
Check mark one item below as Exhibit D:
~ Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement)
o Exhibit - D* Special Terms and Conditions
3 pages
Items shown with an Asterisk (*J, are hereby incorpolBted by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.o/s.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Depal1ment of General
Services Use Only
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of San Bernardino Fire Department
BY (Authorized Signature) DATE SIGNED(Do not type)
llS
PRINTED NAME AND TITLE OF PERSON SIGNING APPROVED AS TO FORM:
Fred Wilson, City Manager James F. Penman,
ADDRESS ".......l' =, .~
200 E. Third Street '-- ..... iJ.d
San Bernardino, CA 92410-4889 By: rfl
STATE OF CALIFQRIi A
AGENCY NAME V
Department of Mental Health - Patton State Hospital
BY (Authorized Signature) DATE SIGNED(Donottype)
,,(
PRINTED NAME AND TITLE OF PERSON SIGNING 1:81 Exempt per: SCM #4.04.5.b
Octavio C. Luna, Executive Director
ADDRESS
3102 East Highland Avenue
Patton, CA 92369-0999
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
08-30099
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Department of Mental Health - Patton State Hospital
CONTRACTOR'S NAME
2.
City of San Bemardino Fire Department
The tenn of this
Agreement is:
July 1, 2008 through June 30, 2010
3. The maximum amount $49,999.99
of this Agreement is: Forty-Nine Thousand, Nine Hundred and Ninety-Nine Dollars, and Zero Cents
4. The parties agree to comply with the tenns and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work 3 pages
Exhibit B - Budget Detail and Payment Provisions
2 pages
Exhibit C* - General Terms and Conditions
GTC 307
Check mark one item below as Exhibit D:
~ Exhibit - D Special Tenns and Conditions (Attached hereto as part of this agreement)
D Exhibit - D* Special Tenns and Conditions
3 pages
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.o/s.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR C./Ifornl. DeP'lrtment of Genar.'
Services Use Only
CONTRACTOR'S NAME (If other than an Individual, state whether a corporation, partnership, etc.)
City of San Bemardino Fire Department
BY (Authorized Signature) DATE SIGNED(Do not type)
2S
PRINTED NAME AND TITLE OF PERSON SIGNING APPROVED AS TO FORM:
Fred Wilson, City Manager James F. Penman,
ADDRESS '-.L ...,Y 1-j~
200 E. Third Street J....
San Bernardino, CA 92410-4889 By:
STATE OF CALIFp~ ~IA
AGENCY NAME V
Department of Mental Health - Patton State Hospital
BY (Authorized Signature) DATE SIGNED(Do not type)
f'(
PRINTED NAME AND TITLE OF PERSON SIGNING 181 Exempt per: SCM #4.04.5.b
Octavio C. Luna, Executive Director
ADDRESS
3102 East Highland Avenue
Patton, CA 92369-0999
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
08-30099
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Department of Mental Health - Patton State Hospital
CONTRACTOR'S NAME
City of San Bernardino Fire Department
2. The term of this
Agreement is:
July 1, 2008 through June 30, 2010
3. The maximum amount $49,999.99
of this Agreement is: Forty-Nine Thousand, Nine Hundred and Ninety-Nine Dollars, and Zero Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work 3 pages
Exhibit B - Budget Detail and Payment Provisions
2 pages
Exhibit C. - General Terms and Conditions
GTC 307
Check mark one item below as Exhibit D:
~ Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement)
D Exhibit - D. Special Terms and Conditions
3 pages
Items shown with an Asterisk (.J, are hereby incolpOrated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
Callfornl. Department of General
ServIces Use Only
CONTRACTOR'S NAME (if other than an individual. state whether a corporation, partnership, etc.)
City of San Bernardino Fire Department
BY (Authorized Signature)
DATE SIGNED(Do .., type)
f6
PRINTEO NAME AND TITLE OF PERSON SIGNING
Fred Wilson, City Manager
ADDRESS
200 E. Third Street
San Bernardino, CA 92410-4889 By :
STATE OF CALIF.
APPROVED AS TO FORM:
James F. Penman,
AGENCY NAME
Department of Mental Health - Patton State Hospital
BY (Authorized Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Octavio C. Luna, Executive Director
ADDRESS
3102 East Highland Avenue
Patton, CA 92369-0999
J:8:I Exempt per: SCM #4.04.5.b
SCOPE OF WORK
EXHIBIT A
City of San Bernardino Fire Department
Agreement #08-30099
Page 2 of 10
Important Disclaimer: This contract shall be of no force or effect pending signature by both parties (State
Agency and Contractor).
1. City of San Bernardino Fire Department, hereafter referred to as the Contractor. agrees to provide to Patton
State Hospital (PSH) paramedic and Emergency Medical Technician (EMT-1) services as described herein:
A. To assist the PSH Medical Staff in providing the highest quality of medical care reasonable and consistent
with available resources.
B. To assure that evaluations and documentation meet the requirements and standards set by licensing (Title
22) and Joint Commission on Accreditation of Health care Organizations (JCAHO) or American
Osteopathic Association (AOA) accreditation.
2. The services shall be performed for Patton State Hospital, 3102 E. Highland Avenue, Patton, CA 92369-0999.
3. The Contractor's professional, technical, and administrative personnel shall provide the necessary covered
services (on-call), 24 hours per day, 7 days per week.
4. The project representative during the term of this agreement will be:
State Agency:
Name:
Phone:
Fax:
Direct All Inquiries To:
State Agency:
Section/Unit
Attention:
Address:
Phone:
Fax:
Patton State Hospital
Darryl Brown
(909) 425-7960
(909) 425-6589
Contractor:
Name:
Phone:
Fax:
Patton State Hospital
Contracts Office
Carolyn DeCorse
3102 E. Highland Avenue
Patton, CA 92369-0999
(909) 425-7285
(909) 425-6243
Contractor:
Section/Unit:
Attention:
Address:
Phone:
Fax:
City of San Bernardino
Fire Department
Bern ie Horak
(909) 384-5530
(909) 384-5281
City of San Bernardino
Fire Department
EMS Coordinator
Bernie Horak
200 E. Third Street
San Bernardino, CA 92410
(909) 384-5530
(909) 384-5281
City of San Bernardino Fire Department
Agreement #08-30099
Page 3 of 10
SCOPE OF WORK (Continued)
5. Contractor shall supply all personnel, labor, tools, supplies, materials, equipment, licenses, permits, insurance,
and a properly equipped service vehicle to provide paramedic and EMT-1 services, on as-needed basis.
A. Contractor shall assure that qualified personnel will provide paramedic and EMT-1 service. Contractor's
vehicle will arrive with the Advanced Cardiac Life Support (ACLS) and other equipment for life-saving
measures.
B. Paramedic services shall be for emergency care to stabilize the patient on-site at PSH.
C. Upon arrival at a PSH medical emergency, if a PSH physician is already attending and directing emergency
care, the paramedic shall acquire authorization from the attending physician (on-site) to commence
emergency procedures.
D. The PSH attending physician shall transfer control to Contractor's paramedic at an appropriate point of
care. If there is no PSH physician on-site directing emergency care when Contractor's paramedic reaches
the patient, Contractor's paramedic shall assume control immediately. PSH staff shall supply relevant
patient medical information to paramedic and EMT -1, as available.
E. Exchange of monitoring equipment (from PSH to Contractor) shall be done at an appropriate time that does
not interfere with medical treatment in progress.
F. Contractor shall respond in a timely manner, to PSH calls, for emergency or non-emergency calls, as
requested and/or as appropriate.
G. Contractor shall provide a liaison for discussion of questions or problems related to cases in which the
Contractor is involved. PSH liaison shall be the Chief Physician and Surgeon or designee.
H. PSH shall provide opportunities for Contractor to participate in drills or practice/mock runs on the hospital's
property, upon Contractor's request or voluntarily if invited by PSH, to enhance readiness for emergency or
disaster response.
I. Contractor shall provide copy of run sheets with invoices, or earlier upon request by PSH, to facilitate
clinical case review.
6. PSH Requirements
A. Contractor shall abide by PSH bylaws, policies, and procedures.
B. All patient care services must comply with applicable Joint Commission on Accreditation of Healthcare
Organizations (JCAHO) standards.
C. Mutual Indemnification - Each party, to this contract, shall defend, indemnify, hold free and harmless the
other party, its elected officials, its officers and employees, from and against any and all liability, claims,
losses and demands, including attorney's fees and other reasonable costs incurred in defending any such
claim, whether resulting from court action or otherwise, arising out of the acts, errors or omissions of the
indemnifying party, its employees and/or authorized subcontractors, whether intentional or negligent, in the
performance of this Agreement.
D. Self-Insured Status - Contractor is self-insured through the Big Independent Cities Excess Pool Joint
Powers Authority ("BICEP") pursuant to Government Code sections 990.8 and 6500, et seq.
E. Contractor shall maintain in effect at all times, during the term of the Agreement, current licenses,
certifications, and permits in accordance with Federal, State, and local government requirements.
City of San Bernardino Fire Department
Agreement #08-30099
Page 4 of 10
SCOPE OF WORK (Continued)
F. Contractor's representatives shall present proper identification in order to be admitted into all secured
compounds. (Valid Pictured 1.0., Certification Cards, Etc.)
G. All work shall be coordinated and approved by the Project Coordinator.
City of San Bernardino Fire Department
Agreement #08-30099
Page 5 of 10
THIS PAGE HAS BEEN INTENTIONALLY BLANK
City of San Bemardino Fire Department
Agreement #08-30099
Page 6 of 10
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicina and Payment
A. For services satisfactorily rendered as specified in EXHIBIT A, Scope of Work, and upon receipt and
approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in
accordance with the rates specified herein, which is attached hereto (labeled in Item #3 - Budget Detail)
and made a part of this Agreement.
B. Invoices for services to be paid by Patton State Hospital (PSH) must be submitted in duplicate, as specified
in Paragraph B, within forty-five (45) days after services were performed and shall include the PSH
Agreement Number, Patient Name, Date of Services Performed, Description of Services/Procedures
Provided, the Usual and Customary Rate, Itemization of Costs, related CPT codes associated with
services, and Total Amount Due. Invoice(s) shall be submitted in arrears to:
Patton State Hospital
ATTN: ACCOUNTING/Accounts Payable
3102 E. Highland Avenue
Patton, CA 92369-0999
C. Prior to invoicing Patton State Hospital, Contractor shall bill Medicare or other third-party insurance within
the specified time frames set by Medicare or other third-party insurance for reimbursement. Statements
and Medicare Explanation of Benefits, which reflect MEDICARE and/or third party payments or denials,
must be submitted with original invoice for payment when invoicing Patton State Hospital for the difference
and/or the remaining balance which is not covered by Medicare.
D. Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5,
commencing with Section 927.
F. Amounts to be encumbered for the fiscal years covered by this contract are as follows:
$24,999.99 in FY 2008/09 (07/01/08 to 06/30/09)
$25,000.00 in FY 2009/10 (07/01/09 to 06/30/10)
G. The above amounts may be adjusted between the fiscal years to cover services rendered for a particular
fiscal year at the sole discretion of the Fiscal Officer at PSH as long as the total amount specified on Page
1, Item #3, is not exceeded.
2. Budaet Continaencv Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under
this Agreement does not appropriate sufficient funds for the program, this Agreement shall be invalid and of
no further force and effect. In this event, the State shall give notice thereof to Contractor, and shall have no
further liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under
this Agreement except for services already performed, and the Contractor shall not be obligated to perform
any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State
shall have the option to either cancel this Agreement with no liability accruing to the State, except for
payment for services already completed, or offer an agreement amendment to the Contractor to reflect the
reduced amount.
BUDGET DETAIL AND PAYMENT PROVISIONS (continued)
3. Budaet Detail
DESCRIPTION
RATE PER CALL
$250.00
$250.00
City of San Bernardino Fire Department
Agreement #08-30099
Page 7 of 10
GTC 307
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and to
copy any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated. Contractor agrees to
allow the auditor(s) access to such records during normal business hours and to allow interviews
of any employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview staff in any
subcontract related to performance of this Agreement. (Gov. Code ~8546.7, Pub. Contract Code
~ 10 115 et seq., CCR Title 2, Section 1896).
5.lNDEMNIFICATION: Contractor agrees to indenmify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
peIjury, the minimum, ifnot exact, percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12l56(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code ~ 12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including mv and AIDS), mental disability, medical
condition (cancer), age (over 40), marital status, and denial offarnily care leave. Contractor and
subcontractors shall insure that the evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment. Contractor and subcontractors
shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code ~ 12990
(a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of
Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment
and Housing Commission implementing Government Code Section 12990 (a-f), set forth in
Chapter 5 of Division 4 of Title 2 ofthe California Code of Regulations, are incorporated into
this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
I). "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (cornmencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement,
a monetary recovery for a cause of action assigned under this chapter, the assignor shall be
entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover
from the public body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public body as part of the bid
price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a). The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (cornmencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department."
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code ~ 1 0353.
S:IADMIN\HOMEP AGElGTC-307.doc
City of San Bernardino Fire Department
Agreement #08-30099
Page 8 of 10
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. NOTICE. Notice to either party shall be given by first class mail properly addressed, postage fully prepaid, to
the address beneath the name of each respective party. Such notice shall be effective when received as
indicated by post office records or if deemed undeliverable by post office, such notice shall be effective
nevertheless 15 days after mailing. Alternatively, notice may be given by personal delivery by any means
whatsoever to the party, and such notice shall be deemed effective when delivered.
2. WAIVER. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent
breach. All remedies afforded in this Contract shall be taken and construed as cumulative; that is, in addition to
every other remedy provided therein or by law. The failure of either party to enforce at any time the provisions
of this Contract, or to require at any time performance by the other party of any of the provisions, shall in no way
be construed to be a waiver of such provisions not to affect the validity of this Contract or the right of either
party to enforce said provisions.
3. GRATUITIES AND CONTINGENCY FEES. The State, by written notice to the Contractor, may terminate the
right of Contractor to proceed under this Contract if it is found, after notice and hearing by the State, that
gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer
or employee of the State with a view toward securing a contract or securing favorable treatment with respect to
the awarding, amending, or performing of such contract.
In the event this Contract is terminated as provided in the paragraph above, State shall be entitled (a) to pursue
the same remedies against Contractor as it could pursue in the event of the breach of the Contract by the
Contractor, and (b) as a predetermined amount of liquidated damages, to exemplary damages in an amount
Which shall not be less than three times the cost incurred by the Contractor in providing any such gratuities to
any such officer or employee.
The rights and remedies of the State provided in this clause shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this Contract.
The Contractor warrants by execution of this Contract that no person or selling agency has been employed or
retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage,
brokerage or contingent fee, excepting bona fide employees of Contractor, for the purpose of securing
business. For breach or violation of this warranty, the State shall have the right to annul this Contract without
liability, paying only for the values of the work actually returned, or in its discretion to deduct from the contract
price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
4. INSURANCE. Contractor hereby warrants that it is self insured for Public Liability and Workers' Compensation
and agrees to furnish to State satisfactory evidence thereof at any time the State may request the same.
In the alternative Contractor hereby warrants that it carries and shall maintain in full force and effect during the
full term of this contract and any extensions to said term:
Sufficient and adequate Worker's Compensation Insurance for all of its employees who shall be engaged in the
performance of this Contract and agrees to furnish to State satisfactory evidence thereof at any time the State
may request the same; and
Sufficient and adequate Liability Insurance to cover any and all potential liabilities and agrees to furnish to State
satisfactory evidence thereof upon request by State.
City of San Bernardino Fire Department
Agreement #08-30099
Page 9 of 10
SPECIAL TERMS AND CONDITIONS (Continued)
5. CONTRACT IS COMPLETE. Other than as specified herein, no document or communication passing between
the parties hereto shall be deemed a part of this Contract.
6. CAPTIONS. The clause headings appearing in this Contract have been inserted for the purpose of
convenience and ready reference. They do not purport to and shall not be deemed to define, limit or extend the
scope or intent of the clauses to which they pertain.
7. PUBLIC HEARINGS. If public hearings on the subject matter dealt with in this Contract are held within one year
from the contract expiration date, Contractor shall make available to testify the personnel assigned to this
Contract at the hourly rates specified in the Contractor's proposed budget. State shall reimburse Contractor for
travel of said personnel at the contract rates for such testimony as may be requested by State.
8. FORCE MAJEURE. Neither the State nor the Contractor shall be deemed to be in default in the performance of
the tenms of this Contract if either party is prevented from perfonming the terms of this Contract by causes
beyond its control, including without being limited to: acts of God; interference, rulings or decision by municipal,
Federal, State or other governmental agencies, boards or commissions; any laws and/or regulations of such
municipal, State, Federal, or other governmental bodies; or any catastrophe resulting from flood, fire, explosion,
or other causes beyond the control of the defaulting party. If any of the stated contingencies occur, the party
delayed by force majeure shall immediately give the other party written notice of the cause of delay. The party
delayed by force majeure shall use reasonable diligence to correct the cause of the delay, if correctable.
9. PERMITS AND LICENSES. The Contractor shall procure and keep in full force and effect during the term of
this Contract all penmits, registrations and licenses necessary to accomplish the work specified in this Contract,
and give all notices necessary and incident to the lawful prosecution of the work.
The Contractor shall keep informed of, observe, comply with, and cause all of its agents and employees to
observe and to comply with all prevailing Federal, State, and local laws, and rules and regulations made
pursuant to said Federal, State, and local laws, which in any way affect the conduct of the work of this Contract.
If any conflict arises between provisions of the plans and specifications and any such law above referred to,
then the Contractor shall immediately notify the State in writing.
10. LITIGATION. Each party, promptly after receiving notice thereof, shall notify the other party in writing of the
commencement of any claim, suit, or action against the notifying party or its officers or employees for which the
other party must provide indemnification under this Contract. The failure of a party to give such notice,
infonmation, al,lthorization or assistance shall not relieve the other party of its indemnification obligations. Each
party shall immediately notify the other party of any claim or action against it which affects, or may affect, this
Contract, the terms and conditions hereunder, or the other party, and shall take such action with respect to said
claim or action which is consistent with the terms of this Contract and the interest of the other party.
11. EVALUATION OF CONTRACTOR'S PERFORMANCE. The Contractor's perfonmance under this Contract shall
be evaluated by the State after completion of the contract. A copy of the written evaluation shall be maintained
in the contract file and may be submitted to the Office of Legal Services. Department of General Services.
12. TRAVEL. Contractor's headquarters for purposes of payment of travel shall be the city designated in the
signature block unless otherwise specified in the contract.
For travel necessary to the perfonmance of this Contract, contractor shall use and submit travel reimbursement
fonms provided by the Department. All reimbursements shall be made in accordance with, and shall not exceed
the rates authorized by, the State Administrative Manual and the Policies and Procedures of the Department.
All requests to exceed any base reimbursement rate established in the State Administrative Manual or the
Policies and Procedures of the Department must be made and approved prior to the date of travel and must be
submitted in writing to the State's Contract Manager.
13. TERMINATION. Unless otherwise specified, either party may terminate this Contract by giving 30 days written
notice to the other party. The notice of tenmination shall specify the effective date of termination.
City of San Bemardino Fire Department
Agreement #08-30099
Page 10 of 10
SPECIAL TERMS AND CONDITIONS (Continued)
A. Upon the Contractor's receipt of notice of termination from the State, and except as otherwise directed in
the notice, the Contractor shall stop work on the date specified in the notice.
14. CONFIDENTIALITY AND INFORMATION SECURITY PROVISIONS.
A. Each party shall comply with applicable laws and regulations, including but not limited to Sections 14100.2
and 5328 et seq. of the Welfare and Institutions Code, Section 431.300 et seq. of Title 42, Code of Federal
Regulations, and the Health Insurance Portability and Accountability Act (HIPAA), and it's implementing
regulations (including but not limited to Title 45, CFR, Parts 160, 162 and 164) regarding the confidentiality
and security of individually identifiable health information (II HI).
B. Nondisclosure. Neither party shall use or disclose confidential, individually identifiable, or sensitive
information other than as permitted or required by the Contract and as required by law.
15. AUDITS, INSPECTION AND ENFORCEMENT.
A. From time to time, the State may inspect the facilities, systems, books and records of Contractor to monitor
compliance with the Contract.
B. Contractor shall promptly remedy any violation of any provision of the Contract and
C. The fact that the State inspects, or fails to inspect, or has the right to inspect Contractor's facilities, systems,
and procedures does not relieve Contractor of its responsibility to comply with the Contract.
D. The State's failure to detect or the State's detection of any unsatisfactory practices, but failure to notify
Contractor or require Contractor's remediation of the unsatisfactory practices does not constitute
acceptance of such practice or a waiver of the State's enforcement rights under the Contract.
16. Use of State Funds. Contractor, including its officers and members, shall not use funds received from the
Department pursuant to this contract to support or pay for costs or expenses related to the following:
A. Campaigning or other partisan activities to advocate for either the election or defeat of any candidate for
elective office, or for or against the passage of any proposition or ballot measure; or,
B. Lobbying for either the passage or defeat of any legislation.
This provision is not intended and shall not be construed to limit any expression of a view, opinion, or
position of any member of Contractor as an individual or private citizens, as long as state funds are not
used; nor does this provision limit Contractor from merely reporting the results of a poll or survey of its
membership.
17. Drug-Free Workplace Certification. Contractor shall comply with the requirements of the Drug-Free Workplace
Act of 1990 (Govemment Code Section 8350 et seq.) and shall provide a dug-free workplace.
18. Conflict of Interest Certification. In accordance with State laws and Departmental policy, no employees
(including contractors) shall participate in incompatible activities, which are in conflict with their job duties. In
addition, State law requires employees whose positions are designated in the Department's Conflict of Interest
Code to file statements of economic interest. Employees whose positions have been designated will be notified
by the Department if a statement is required.
In signing this contract, I certify that I have read and understand GOVERNMENT CODE 19990.
Rev. 7-3-08
Attachment "A"
,
CALIFO.I.A DEPA.TMEIT OF
Mental Health
Patton State Hospital
3102 East Highland Avenue, Patton, CA 92369
(909) 425.7000
May 28, 2008
City of San Bernardino Fire Department
ATTN: Bernie Horak
200 E Third St.
San Bernardino, CA 92410
RE: Contract #08-30099 - Paramedic Services
Dear Mr. Horak:
Attached is the agreement referenced above for your review and signature. Please sign all
5 originals of the agreement face sheet (Standard Agreement - STD 213) and return them
as soon as possible in the addressed envelope provided. Once all signatures have been
obtained, a signed original of the entire contract will be returned for your records.
If you have any questions or concerns, you may contact me at (909) 425-7285.
Sincerely,
~ t)e~
Carolyn DeCorse
Contract Analyst
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r ..' ,u--l
L:AY 2 9 2008 \
San Ber.J.ard.1~o City Fire