HomeMy WebLinkAboutContracts & Agreements_49-2010_CCv0001.pdf Office of the Daniel J.McHugh
City Attorney
City Attorney Michael Reiter
City of Redlands Assistant City Attorney
MEMORANDUM
TO: CITY CLERK
FROM: CITY ATTORNEY
DATE: May 12, 2010
RE: PHYSICIAN CONSULTANT CONTRACTS
Sam: Attached are two copies of an executed Professional Services Agreement between
the City and SoCal Medical Specialists, Medical Corp for your information and retention.
Pursuant to section 2.15.020 of the City's Municipal Code, the City Attorney may enter into
professional services contracts for the retention of special legal counsel and various consultants
without the prior approval of the City Council. These contracts need only be executed by a
member of the City Council, and are then required to be filed and maintained in the office of the
City Clerk.
Should you have any questions regarding this matter, please feel free to contact me.
DANIEL J. MCHUGH
DJM:sas
enclosures
cc: N. Enrique Martinez
P.O. Box 3005 - Redlands, CA 92373 • (909) 798-7595 • FAX (909) 798-7503
LOca1djmiMemo't20l0 Memos"Physician Consultant Contract Transmittal.doc
r AGREEMENT FOR SERVICES
;
BETWEEN THE CITY OF REDLANDS AND
SOCAL MEDICAL SPECIALISTS, MEDICAL CORP.
L PARTIES AND DATE.
This Agreement for professional services (".Agreement") is made and entered into as of the
15th day of April, 2010, by and between the City of Redlands (the "City"), and So(,a.l Medical
Specialists, Medical. (,orp., a. California medical corporation ("Dr. Secor")
2. RECITALS.
2.1 City presently engage the services of Dr. (Seco i to perform independent medical
examinations, record reviews, and expert�vitne se services '
);
2.2 City wishes to reaffirm, b = this Agreement, the scope of Can='s engagement of Dr.
Secor's services and the rate at which Dr. Secor shall perform such services for City, on the terms
set forth below.
3. TERMS.
3.1 Term. The term of this zkgreement shall commence on April 15, 2010 and shall
continue in full force and effect unless terminated in accordance with Section 3.10 of this
1greetnent.
3.2 Scope of Sertrices. Dr. Secor shall serve as special counsel and shall Services as mai-
be required from time to time by (:in as set forth by this ;kgreement, unless otherwise agreed to by
Citi- and Dr. Secor. As part cif the Seivices to'be performed hereunder, Dr. Secor shall be
responsible for the following:
3.2.1 Perform independent medical examinations of defendants in civil matters
involving the. C:iry involving claimed orthopedic injuries;
:3.2.2 Provide independent medical examination reports;
3.2.3. Review medical records and provide medical record reports;
3.2.4. Testify in depositions, arbitrations and trials regarding his findings;and
3.2.5. Provide ether expert witness services as requested by City and within Dr.
Secor's knowledge and experience.
3.3 Indemnitc Dr. Secor shall defend, indeninify and hold harmless City, and its elected
officials, officers and employees from and against any and all lasses, claims, liabilities, expense;, or
demands
arising out of an�l negligent act or omission of Dr. Secor in connection with the
performance of its Services pursuant to this Agreement.
14 jjt!e of Perforrnance, The services of Dr, Secor shall be performed expeditioush in
the time frames and as directed by City,
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3.5 Assistance. City agrees to provide all information and documents necessary for the
attorneys at Dr. Secor to perform its obligations under this Agreement.
3.6 Increases or Decrease in. Compensation. Dr. Secor or the Cin,, may initiate
consideration of a rate increase or decrease. Such a rate increase or decrease may be approved or
denied lav the City or Dr. Secor, respectfully, i their sole and absolute discretion. Such. rate increase
in eir
or decrease shall be evidenced by an execution of an amendment to this Agreement.
3.7 Independent Contractor. Dr. Secor shall perform all legal services required under
this Agreement as an independent contractor to City and shall remain, at all times as to City, a
wholly independent contractor with only such obligations as are required under this Agreement.
Neither City, nor any of its employees, shall have any control over the manner, mode or means by
which Dr. Secor, its agents or employees, render the Services, except as otherwise set forth. Cit'
�
shall have no voice in the selection, discharge, supentision or control of Dr. Secor's employees,
representatives or agents, or in fixing;their number, compensation, or hours of sen.rice.
3.8 Compensation. For performance of the Services set forth above, City shall pay Dr.
Secor the amounts listed on the attached fee schedule, attached as Fxhibit"A."
3.8.1 Billing. Dr. Secor shall submit City a detailed statement of account for his
Services. City shall review Dr. Secor's monthly statements and pay Dr. Secor for Services rendered
and costs incurred, expeditiously.
3.9 Insurance. Dr. Secor shall maintain any professional insurance required by the State
of California.
3.1 Termination of-kgrcen-ient and Legal Services. Tins Agreement and the Services to
be rendered under it may be terminated at any time upon ten (10) daysprior written notice from
either par",, with or without cause. In the event of such termination, Dr. Secor shall be paid for all
Services i authorized by City and performed up through and including the effective date of
termination,
3.11 L'utirc Agreement. This Agreement contains the entire agreement of the parties with
respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements.
3.12 Governing Law. 'this Agreement shall be governed by, the laws of the State of
California. Venue shall be in San Bernardino County.
3.13 Amendment, Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and siggied by both parties.
3.14 Waiver. No waiver of any default shall constitute a waiver of anv other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntatily or performed by a party= shall ive the other party aliv Contractual rights by
, gi 91
custom, estoppel, or otherwise.
3A5 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
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I(,111AL"Ag.rucinc!Its',Dr.Pciry' nor'� .TICCS AgrL-CI-11Cf1t,I)()('
3.16 DeIL*Ny of Notices. All notices permitted or required under this <kgrecment shall be
r-Notice-
given to the respective parties at the following address, or at such other address as the respective
parties may provide in writing for this purpose:
C1tv:
Daniel.). McHugh, City, Attorney
City of Redlands
W
35 Cajon Street, Suite 200
Redlands, CA 92373-1505
SoCal Medical Specialists, Medical Corp.
Perry R. Secor, M.D.
SoCal Medical Specialists, Medical Corp,
3771 Katella Ave, Suite 209
i
I,os Alamitos, W
920
Such notices shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the part'' at its
applicable address. Actual notice shall be deemed adequate notice on the date actual 'notice
occurred, regardless of the method of setvice,
IN WITNESS WHFRF0F, City and Dr. Secor have executed this .Agreement as of the date
first written above.
CITY OF REDLANDS
Bv:
Pat Gilbreath, ',\favor
XSOC DICAL SPECIALISTS, MEDICAL CORP.
Secor,
M.D.erryR. Secor, M
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