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
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i,Y TN° .ITY COUNCIL
CITY it :+ MVPO- T 3EACV..
AUG 14 1989
APPROVED
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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.
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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
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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.
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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
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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
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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
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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
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Enclosures
A NON - PROFIT COMMUNITY HOSPITAL ACCREDITED BY THE .JOINT COMMISSION ON ACCREDITATION OF HOSPITALS