Cities Index.
Exhibit 3: Second Amendment

Alameda City Council
May 7, 2024

Document
Exhibit 3: Second Amendment
Meeting
May 7, 2024
Body
Alameda City Council
Original file
973 KB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

SECOND AMENDMENT
TO THE

MEDICAL DIRECTOR AGREEMENT

BETWEEN

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
AND

THE CITY OF ALAMEDA
THIS SECOND AMENDMENT is entered into by and between The Regents of the University of California, a corporation described in California Constitution Art. IX, Sec. 9, on behalf of the University of California, San Francisco, School of Medicine, Department of Emergency Medicine (hereinafter referred to as "UCSF"), and City of Alameda, municipal corporation ("City").

RECITALS:

WHEREAS, UCSF and the City, for its Alameda Fire Department, entered into a Medical DirectorAgreementwith an effectivedate of July 29, 2020, in whichUCSF will providea UCSF Physician to serve as the director of Alameda City's Fire DepartmentDivision of Emergency Medical Services ("Services), and subsequently, a First amendment with an effective date of January 1, 2022 (hereinafter collectively referred to as "Agreement").

WHEREAS,UCSF wishes to continue to provide Services,and the City wishes to continue to receive such Services under the Agreement.

NOW THEREFORE, UCSF and the City hereby agree to amend the Agreement, as follows:

1. The effective date of this Second Amendment is March 1, 2022.

2. Section 4.1, Compensation,of the Agreement is deleted in its entirety and replaced with the following:

4.1 (a) Compensation. Fire Department shall pay UCSF monthly for services performed under this Agreement as described below:

Period Hours/Month Hourly
Rate
Administrative
Fee
Max
Total/Month*A
March 1,2022-
June 30, 2022
Up to 20 $284.76 $342 $6037
July 1,2022-
June 30, 2023
Up to 20 $303.60 $367 $6439
July 1,2023-
February 29,2024
Up to 20 $312.71 $375 $6629
'*Services not to exceed 20 hours/month
AIncludes Administrative Fee
Total compensation shall not exceed $139,883.

Exhibit 3
(to Payment to UCSF
Thesepaymentsshallbe madeby the 20thof eachmonthforthe precedingmonth's services by check made payable to The Regents of the University of California delivered to:

UCSF Department of Emergency Medicine at ZSFG
Attn: Leesa Cantero
1001 Potrero Avenue
Building 5, Suite 6A
San Francisco, CA 94110
fc) Invoices from UCSF to the City of Alameda
By the 15th day of each month, UCSF shall submit to the City of Alameda an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Section

4.1(a) provided that in no event will any amounts which become due and payable in a fiscal year be invoiced later than 60 days following the beginning of the subsequent fiscal year. If UCSF submits an invoice to the City of Alameda, and such invoice is not in compliance with such timing requirements, then City of Alameda will not be liable for payment of the applicable invoiced amounts. The information in USCF's payment requests shall be subject to verification by City.

UCSF shall send all invoices to:

Alameda Fire Department
Attn: Fire Chief
Cc: Emily Schober - Accounts Payable
[email protected]
1300 Park St
Alameda, CA 94501

3. Section 5.1 Term of Agreement is amended and extended through February 29, 2024.

Except as provided herein, all remaining terms, conditions and provisions of the Agreement are unchanged and unaffected by this Second Amendment and shall continue in full force and effect. [Page IntentionallyLeftBlank]
[Signature Page to Follow]
IN WITNESS, WHEREOF, intending to be legally bound, each party has caused this Second Amendment to be signed by its duly authorized office as of the day and year written below.

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
on behalf of UCSF, Department of Emergency
MedidnfijcaueseD
Mai Wait
^e«K,MD
Its: Vice Dean, UCSF School of Medicine
By
2/3/2022
Date:

CITY OF ALAMEDA
a municipal corporation
("City")
By:

Date:

Eric J. Levitt
Its: City Manager
Recommended for Approval
Alameda Fire Department
By:

Nicholas Luby
Fire Chief
Read and Acknowledged:

C— DocuSigned by:

Peter Sokolove, MD
Its: Chair of the Department of
Emergency Medicine
Approved as to form: City Attorney
>——DocuSigned by:
/U^nf Hjurvur
' v rnnnn7nBy
-ED0D0700E02F492...

Mary Mercer, MD
UCSF Physician
Alan M. Cohen
Assistant City Attorney
IN WITNESS, WHEREOF, intending to be legally bound, each party has caused this Second Amendment to be signed by its duly authorized office as of the day and year written below.

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
on behalf of UCSF, Department of Emergency
Medicine ("UCSF")
By:

Neal Cohen, MD
Its: Vice Dean, UCSF School of Medicine
Date:

CITY OF ALAMEDA
a municipal corporation
("Cit£>
Recommended for Approval
Alameda Fire Department
By:

Nicholas Luby
Fire Chief
Read and Acknowledged: Approved as to form: City Attorney By:

Peter Sokolove, MD
Its: Chair of the Department of
Emergency Medicine
By:

Mary Mercer, MD
UCSF Physician
Alan M. Cohen
Assistant City Attorney
No: 1714929985 Return Address
This Certificate is provided to: UC San Francisco
Cityof Alameda 350 Parnassus, Suite 507
1300 Park St San Francisco, CA 94143-0207
Alameda CA 94501

UNIVERSITY OF CALIFORNIA

EVIDENCE OF SELF-INSURANCE

PROFESSIONAL LIABILITY & HOSPITAL LIABILITY
Type of Coverage Self-Insured Limits
I. PROFESSIONAL MEDICAL AND HOSPITAL LIABILITY: itooo,ooo Each Occurrence 3,000,000Aggregate
II. SPECIAL TERMS & CONDITIONS:

1. This certificate is issued in connection with work performed by:

Mary Mercer, MD at City of Alameda, 1300 park St, Alameda, CA 94501 This certificate is only valid for work performedwithinthe course and scope of his/her employment within:

Department of Emergendy Medicine at University of California, San Francisco Medical Center Effective: 01/01/2022 - 07/01/2022
University employees are provided a University funded defense and indemnification for alleged negligence actsor omissionsrising butofthecourseandscopeofthe Universityemploymentexceptwherethey actor fail to act because of actual fraud, corruption, or actual malice. (California Tort Claims Act. Government Code Section 810). is
.--,.. - / •. •> , I >' ''""

2. The self-insurance evidenced herein follows the provisions of the Bylaws and Standing Orders of the Regents of the Universityof Californiaand self-Insuranceprogramsas administeredby the Universityof California,Office of the President, Office of Risk Sen/ices,-which do not permit any assumption of liability which does not result from and is not caused by the negligent acts or omissions of its officers, agents, or employees. Any indemnification or hold harmless clause with broader provisions than required under such Bylaws and Standing Orders shall invalidate this certificate.

3. This certificate is in effect until the expiration date indicated below or termination of applicable contract, affiliationagreement or termination of Universityemployment, whichever comes first.

Should any of the above described program of self-insurance be materially modified or cancelled before the expiration date shown below, The Regents of the University of California will give 30 days written notice to the certificate holder.

Effective Date: 07/01/2021 Kimberly Dimino
UC San Francisco Risk Management
350 Parnassus, Suite 507
San Francisco CA 94143-0207
Expiration Date: 07/01 /2022 Approval Date: 2/3/2022
This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. The Certificate does not amend, extend or alter the coverage described above. This certificate does not constitute a contract between the holder and the University of California.

Form: PL Individual 0914

UNIVERSITY OF CALIFORNIA

PROOF OF SELF-INSURANCE COVERAGE
The Regentsof the Universityof Californiaare often requestedby outsidepartiesto provide evidence of the University's self-insurance coverage in conjunction with agreements and contracts negotiated by its employees on UC campuses and medical centers. Examplesof situations where the University may be required to provide evidence of insurance include:
• Using an off-campus location to host an event, ceremony, athletic event, theatre production, practice space, job fair, educational outreach event, etc. • Leasing or renting equipment, motor vehicle(s), or real estate • Research grant sub-awards
• Affiliation (non-healthcare/medical related) and Professional Services Agreements The University of California self-funds its liability exposures, so does not issue individual certificates of insurance. The UC Office of Risk Services has developed a Certificate of Self-Insurance Coverage document (COC) to illustrate the self-funded retention levels maintained for each liability program.

The COC is available on-line for use by entities conducting business with the university as evidence of the self-funded retention levels, coverage terms, and limits routinely requested. The self-insurance limits accepted in each specific written asxeement or contract shall be the limits that apply should a loss arise, regardless of the limits provided in the on-line Certificate of Self-Insurance Coverage document.

The UC COC Site is solely for the use and benefit of the vendors and organizations which contract with the University of California and not for resale or other transfer to or use by or for the benefit of any other person or entity. You may print copies for use within your organization, provided that you do not modify the COC in any way, nor distribute any copies outside your organization. You may not use any of the University of California's names or marks in any manner that creates the impression such names or marks belong to or are associated with you or imply any endorsement by the University of California, and you acknowledge that you have no ownership rights in and to any of these names or marks. You will not use the Site, the information contained therein or any of the University's names or marks in unsolicited mailings or spam material. You may not link directly to the COC ("deep link") or bring up or present the COC or other content of this site within another web site ("frame").

Official Correspondence must be sent via postal mail to:

Chief Risk Officer
Office of Risk Services
Office of the President
University of California
1111 Franklin St., 10th Floor
Oakland, CA 94607-5200
510-987-9832
[email protected]
Please contact the local Risk Manager at the specific University of California location where you are contracting if you have insurance coverage questions:
• Campus Risk Managers Directory
• Hospital Risk Managers Directory

CERTIFICATE OF

SELF-INSURANCE COVERAGE
Date: June 7,2021
[PRODUCER/INSURED
The Regents of theUniversityof California
Office of the President
Office of Risk Services
1111 Franklin St, 10th Floor
Oakland, CA 94607-5200
510-987-9832
CO
LTRl

TYPE OF INSURANCE

GENERAL LIABILITY

COMMERCIALGENERALLIABILITY
CLAIMS MADEfx"!OCCURRENCE

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED
AUTOS

SCHEDULED
AUTOS

HIRED AUTOS

NON-OWNED
AUTOS

GARAGE LIABILITY

PROPERTY
71 FIRE &EXTENDEDPERILS

WORKERS' COMPENSATION AND

EMPLOYERS LIABILITY

POLICY NUMBER
Self-Insured
Self-Insured
Self-Insured
Self-Insured
_&.

DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/SPECIAL ITEMS This Certificateis issuedas a matterofinformationonlytoauthorizedviewersfor theirinternaluse onlyandconfersnorightsuponanyviewerofthis Certificate.

TheCertificatedoesnot amend,extendoralterthecoveragedescribedbelow.

ThisCertificatemay onlybecopied,printedanddistributedbyan authorized viewerforits internaluse. Any otheruse, duplicationordistributionofthe Certificatewithoutthe writtenconsentofthe Regentsofthe UniversityofCalifornia is prohibited.

ENTITIES AFFORDING COVERAGE

PARTICIPATION
100%companyletter a The Regents of the University of California COVERAGES *
I2!?J.?JP..C^T,FYTHAT THE AGENTSOF THE UNIVERSITYOF CALIFORNIAIS AGOVERNMENTALENTITYTHAT HAS ASELF-FUNDED5lIS[vr!l! £0R UAB,LITIES DESCRIBED BELOW, NOTWITHSTANDINGANY REQUIREMENT,TERM OR CONDITION OF ANY WRITTEN £X»I55?L?R 0THER D0CUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY PERTAIN. THIS SELF-FUNDEDPROGRAM ISSiiSlESII<lALLPR0V,S,0NSOP THE BYLAWSAND STANDINGORDERSOF THE REGENTSOF THE UNIVERSITYOF CALIFORNIA,WHICHSSSS^ST fJRM,T ANY ASS^PTIONOF LIABILITYWHICH DOES NOT RESULT FROM THE NEGLIGENTACTS OR OMISSIONSOF ITSOFFICERS, AGENTS OR EMPLOYEES.

POLICY EFFECTIVE DATE POUCY EXPIRATION DATE
July 1,2021 July 1.2022
July 1,2021 July 1.2022
July 1.2021 July 1,2022
July 1.2021 July 1,2022
LIMITS

GENERAL AGGREGATE

PRODUCTS-CQMP/OP AGG

PERSONAL &ADV INJURY

CONTRACTUAL LIABILITY

EACH OCCURRENCE

COMBINED SINGLE LIMIT

BODILY INJURY
(PER PERSON)

BODILY INJURY
(PER ACCIDENT)
* Not oppbcatte
S 5.000.000
|S 5.000,000
S 5.000.000
$ 5.000.000
$
* Notsppbcsbto
I 2.500,000
I 2.500.000
PROPERTY DAMAGE I 2.500.000

EACH OCCURRENCE

AGGREGATE

STATUTORY LIMITS

EACH ACCIDENT

DISEASE-POUCYUMIT
DISEASE •EACH EMPLOYEE

7.500.000
$ Notappteatte
As required by
Cafifenva Law
Asroquredby
CoMbrmoLow
Asrequtfodby
CatifomtaLaw

ADDITIONAL COVERED PARTY- AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH RESPECT TO GENERAL LIABILITY

AND AUTOMOBILE LIABILITY

LOSS PAYEE - AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH RESPECT TO PROPERTY COVERAGE

CERTIFICATE HOLDER

APPLICABLE PARTY AS REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT

CANCELLATION

SHOULD THE REGENTS ELECT TO DISCONTINUE SELF-INSURING ITS LIABILITIES. THE REGENTS WILL UPDATE PROOF OF SELF-INSURANCE ON ITS WEBSITE. THE REGENTS SHALL NOT BE OBLIGATED TO PROVIDE INDIVIDUAL

NOTICE TO VENDORS OR OTHERS,
L A. LLOYD, AVP & CHIEF RISK OFFICER

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