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(a) The Director of Public Health and the Director of the Health Service System are hereby authorized to enter into a hospital service agreement and to enter into any amendments to such agreement and any similar agreements subject to approval of the Board of Supervisors.
(b) Upon execution of any agreement described in Subsection (a), the Director of the Health Service System shall pay to the Department of Public Health the amounts owing under the agreement within the time specified in the agreement. The rates and charges contained in any such agreement shall govern rather than any rates and charges approved under Section 117 of this Code.
(c) Upon execution of any agreement described in Subsection (a), the Health Service System shall not be liable for any claims, losses, obligations, actions, demands, costs and expenses (1) which may arise out of any act or omission of the Department of Public Health or its agents or employees in connection with any hospital services performed pursuant to the agreement or (2) which may arise as a result of or are related to any breach or failure of hospital or its agents to perform any of its obligations, representations, warranties, agreements or covenants hereunder. If any such claims, losses, obligations, actions, demands or expenses arise, the Director of Public Health shall take any steps necessary to protect the Health Service System from incurring any liability, consistent with the procedures set forth in the Charter and implementing ordinances governing the settlement and payment of unmitigated and litigated claims. If the Health Service System is required to incur any financial loss due to any such claims, losses, obligations, actions, or demands, the Controller shall pay to the Health Service System any amounts needed to hold the Health Service System harmless from such financial obligations. The obligations of the Department of Public Health to hold harmless the Health Service System as set forth herein apply to acts, omissions and events occurring during the term of the agreement and survives the termination of the agreement. Nothing herein is intended to hold harmless the Health Service System from any liability, claim, loss, obligation, action, demand, cost or expense to the extent that it arises solely as the result of the negligence or wilful misconduct of the Health Service System or its employees or agents, or to the extent that it arises out of a claim of injury based on the failure of the Health Service System to provide coverage for any particular type of medical care under the City Administered Health Plan.
(d) It is the intent of the Board of Supervisors that the obligations imposed by this Section may be compelled by a writ of mandate. It is the further intent of this Section that no party shall be a beneficiary of the obligations imposed by this Section other than the parties who sign the agreement.
(Added by Ord. 253-95, App. 8/4/95)