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HomeMy WebLinkAboutS3-City Attorney 'r ., - 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 " 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. III III III III /I! ,'il /// III . III ill III .If! " ., , , ./1 III III III III .ill :'1 . ill III III III III III III EXHIBIT "A" . . . " . 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"