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HomeMy WebLinkAboutC-2765 - Indemnity Agreement for "Ride-Along Program"CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY August 8, 1989 TO: Mayor and Members of the City Council FROM: Robert H. Burnham F -3(b) i,Y TN° .ITY COUNCIL CITY it :+ MVPO- T 3EACV.. AUG 14 1989 APPROVED C -- �-7G5_ SUBJ: Report from the City Attorney Recommending Approval of an Indemnity Agreement between Hoag Memorial Hospital Presbyterian and the City of Newport Beach The Newport Beach Fire Department has developed a "Ride -Along Program" which allows Hoag Hospital employees to acquire field experience necessary to maintain certificated status. In turn, Hoag's Pre - Hospital Care Coordinator periodically conducts field evaluations as a part of the bi- annual recertification of the City's paramedics. The proposed Agreement would require Hoag to defend and indemnify the City with respect to injuries to Hoag employees resulting from their participation in the Ride -Along Program and, in turn, obligates the City to defend and indemnify Hoag with respect to claims arising out of the Pre - Hospital Care Coordinator's participation in the program. Hoag employees will also be required to sign a personal waiver of liability prior to participating in the program. RECOMMENDATION: It is recommended that the City Council authorize the Mayor City Clerk to sign the proposed Indemnity Agreement attached Exhibit A. RHB:jg Attachment and as INDEMNITY This Agreement, made this .day of 1989, by and between the City of Newport Beach municipal corporation and Charter City, and Hoag Memorial Hospital Presbyterian ( "Hoag "), a California non - profit corporation, is made with reference to the following: A. Hoag employs mobile intensive care nurses and contracts with base hospital physicians (collectively "Hoag employees "). Hoag employees have indicated a desire to ride in the paramedic unit assigned to Hoag and observe the activities of Newport Beach paramedics (Ride -Along Program). B. The Ride -Along Program will enable Hoag employees to acquire the field experience necessary to maintain certified status and will allow them to better understand the demands on paramedics during an emergency. C. The City of Newport Beach has no obligation to participate in the Ride -Along Program proposed by Hoag nor any obligation to allow Hoag employees to participate in Fire Department or paramedics activities except for the bi- annual recertification of the City's paramedics which is in part provided by Hoag's Pre - Hospital Care Coordinator through participation in the Ride -Along Program. D. City, absent this Indemnity Agreement and individual releases signed by each Hoag employee, would not 07 -20 -89 12272-00001 F:\DOC \152 %89070008.AGR routinely allow Hoag employees to participate in the Ride -Along Program. E. Hoag understand that there may be a possibility that Hoag employees could be injured while participating in the Ride -Along Program or observing paramedic activities. NOW, THEREFORE, the Parties agree as follows: 1. City shall permit Hoag employees to participate in a Ride -Along Program with participation to occur on dates and at times approved by the Fire Department. 2. In consideration of City's agreement to allow Hoag employees to ride with Fire Department paramedic units, Hoag agrees to defend, indemnify and hold harmless the City, and its officers, employees, agents and representatives from any and all loss, damages, liability, claims, suits, costs and expenses, including reasonable attorneys' fees, arising out of, or in any way related, to the participation of Hoag or its employees in the City's Paramedic Ride -Along Program, even if the injury was caused, in whole or in part, by the negligence of the City, or its officers, employees, agents or representatives provided, however, the obligations in this paragraph do not extend to: (i) intentional, fraudulent or grossly negligent conduct by City, (ii) claims brought by third parties for damages attributable i solely to City's employees; or (iii) in the instance when Hoag's Pre - Hospital Care Coordinator is participating in the Ride -Along Program for the purpose of satisfying the bi- annual recertification of the City's paramedics. 07 -20 -89 12272 -00001 F: \D0C \152 \89070008.AGR 2 3. In consideration of Hoag's agreement to allow Hoag's Pre - Hospital Care Coordinator to participate in the City's Ride -Along Program for the purpose of recertification of the City's paramedics, City agrees to defend, indemnify and hold harmless Hoag, and its officers, employees, agents and representatives from any and all loss, damages, liability, claims, suits, costs and expenses, including reasonable attorneys' fees, arising out of, or in any way related to the participation of Hoag's Pre - Hospital Coordinator in the City's Ride -Along Program for the purpose of recertification of the City's paramedics. 4. Hoag agrees and acknowledges that: a. The provisions of this Agreement have been reviewed by attorneys for Hoag; b. These attorneys have explained to Hoag the duties and obligations of Hoag pursuant to this Agreement; C. Hoag understands and accepts the duties and obligations created by this Agreement; and d. Hoag is signing this Agreement voluntarily and with full knowledge that it is giving up certain rights and accepting certain duties. i 5. This Agreement contains all of the covenants and promises between the parties that have been made with respect to the participation of Hoag employees in the Paramedic Ride -Along Program and supercedes any and all prior agreements, either oral or in writing, with respect to such participation. Hoag and City 07 -20 -89 12272-00001 F:\DOC \152 \89070008 -AGR 3 acknowledge that no representations, inducements, or promises, orally or otherwise, have been made by any party, or anyone acting on their behalf, which are not contained within this Agreement and any statement or promise not contained in this Agreement shall be of no force and effect. Any modification of this Agreement will be effective only if it is in writing and signed by the party to be charged. Dated: Approved: �L- City A orney 07 -20 -89 12272 -00001 F: \DOC \152 \89070008_AGR City of Newport Beach, a municipal corporation and chart ci��"_ on By: Mayor Hoag Memorial Hospital Presbyterian, a California non - profit X cor poration poration By; FJ Guy K. //"/- laire Chairman, Board of Directors 4 HOAG MEMORIAL HOSPITAL PRESBYTERIAN 301 NEWPORT BOULEVARD • BOX Y • NEWPORT BEACH, CALIFORNIA 92658 -8912 • PHONE (714) 645 -8600 August 25, 1989 ePj City Clerk's Office City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Wanda Dear Wanda: Per our conversation yesterday, enclosed are four copies of the Ride -Along Program Indemnity Agreement which has been signed by the Chairman of the Board of Directors. Please have the Agreement signed on behalf of the City of Newport Beach and return jWo.-fully. executed copies to my attention. Thanks for your assistance. Sincerely, �J Tri h Kerin Executive Secretary :tk Enclosures A NON - PROFIT COMMUNITY HOSPITAL ACCREDITED BY THE .JOINT COMMISSION ON ACCREDITATION OF HOSPITALS