The URL can be used to link to this page

Visiting Nurse Assoc/Indemnity Agreement 11INDEMNITY AND HOLD HARMLESS AGREEMENT This Indemnity Agreement and Hold Harmless ("Agreement") is hereby entered into by the City of La Quinta ("City") and Visiting Nurse Association of the Inland Counties ("Agency") for services rendered on October 4, 2011. RECITALS A. The Agency has proposed to provide blood pressure screenings for senior citizens and members of the community at the La Quinta Senior Center ("Services"); and B. The City wishes to have Agency provide the Services at a location where its senior citizens and other residents of the City can obtain these screenings. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties agree as follows: Section 1 The foregoing Recitals are true and correct and are hereby incorporated herein by this reference and are expressly made a part of this Agreement. Section 2 2.1 Indemnification by Agency. Agency shall defend, indemnify and hold harmless the City and its officers, employees, and agents (collectively, "Indemnified Parties") from and against any and all claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the Agency's activities in the performance of the Services described .in this Agreement, or to the Agency's acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the Indemnified Parties. 2.2 In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding alleging negligent or wrongful conduct on the part of the Agency, the Agency shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties on an ongoing monthly basis their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. 2.3 In addition, the Agency shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 2.4 Indemnification by City. City shall indemnify Agency, its affiliates and their respective officers, directors, employees and agents, against and hold the same harmless from any and all claims, causes of action, obligations, losses, liabilities, damages, actions, judgments, costs and expenses (including attorneys fees and cost of litigation) arising out of and/or resulting from, directly or indirectly, any alleged negligent or intentional acts or omissions by City or its agents or employees or City's failure to perform any obligation undertaken in this Agreement. Upon notice from Agency, City shall resist and defend at its own expense, and by counsel reasonably satisfactory to Agency, any such claim or action. Section 3 3.1 Prior to the execution and throughout the duration of this Agreement, Agency shall maintain insurance in conformance with the requirements set forth below. Agency may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Agency shall have it amended to do so. Agency acknowledges that the insurance coverage and policy limits set forth in this Section 3.1 constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City in the event of a loss covered by this Agreement. Agency shall provide the following types and amounts of insurance: A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. 3.2 Agency agrees to provide evidence of the insurance required herein, satisfactory to the City, consisting of: (a) certificate(s) of insurance evidencing all of the coverages required and, (b) an additional insured endorsement to Agency's general liability policy using ISO Form CG 20 10 with an edition date prior to 2004. The additional insured endorsement shall expressly name the City, its officers, and employees as additional insureds on the policy (ies) as to commercial general liability bodily injury and property damage coverages, with respect to liabilities arising out of Agency's performance of the Services under this Agreement. I 1y 3.3 Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance, shall be delivered to City prior to Agency commencing performance of any of the Services described in this Agreement. THE VISITING NURSE ASSOCIATION OF THE INLAND COUNTIES ("Agency") CITY OF LA QUINTA ("City') Y-Fomas P. Genovese, City Manager APPROVED AS TO FORM: SIGNED IN CO NdTERPARf By: M. Katherine Jenson, City Attorney 3.3 Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance, shall be delivered to City prior to Agency commencing performance of any of the Services described in this Agreement. THE VISITING NURSE ASSOCIATION OF THE INLAND COUNTIES ("Agency') CITY OF LA QUINTA ("City") SIGNED IN COUNTERPART By: Thomas P. Genovese, City Manager APPROVED AS TO FORM: im o ,4u Client#: 1117 IDVNAINLANDC ACORDP, CERTIFICATE OF LIABILITY INSURANCE oATeeoJJ wwm 03/0212011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL IN9URE0. the policy(fes) must be endorsed. N SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy, certain policies may require an endereement. A statement on this Certificate does not confer rights to the certificate holder In lieu of such endorsemenl(s). PRODUCER Livermore B Associates, Inc. 9570 Center Ave Rancho Cucamonga, CA91730-2999 Or Carol Morris P, wed. ac wof: 909948d635 .. ........... .ADOBES&.. NauREa(s1AwRooacovEaneE ruler_, _- MISUM A: Philadelphia Indemnity lnsuranc 909 466.9595 VNA of the Intend Counties 6235 River Crest Or Ste L Riverside, CA 92507 INBU80e:---- Naurtme, INSURER F: I COVERAGES CERTIFICATE NUMBER: kLviwvN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BCCN ISSUEO TO THE INSURED NAMFDASOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY MDRTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIESS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAS) CLAIMS. ......._ .................. Tq TYPEOFINSURANCE POUCYNUMSER WYMW- M L 3/03/2011 MMN 0310=01 LIMBS A GENEPI LIABILITY PHPK691302 EMMMML?,ppIUCCTURpREENCE $1000000 PREAeC S F. ,, u,reMal._ ai16U19UD..___ X COMMERCIM GENEM('L�L�MBEIIY CLASO MADE I wl OCCUR MED EIN M anP ON6M 15 000 FERWO &ADY NJURY 1l (100L000 CENEMLAGGNEGATE 13000 O CENLAOGIacLAIEUWTAPFLIESPEVL PRODUCTS-COMPIOP AGO 83,000.000 CLRAfkNLU S111TI.Llf MAxw- — 1 1,000,000 A PCMCY AvroMoaRE UAeaITY PHF'K681302 3I03I2011 03lOSI201 1 1 ANYAUTO eTILYINAInY(PP(P.) DODILYIWUR raPU a LL SCHEDULED AOWNED X X ED RTY A—Zr V i 1 MAUTOS A ROCCUqPHUB337976 5103/201103103PL01 F- Occunaewce __ 11,000.000 nGGREWTE f 0 ess LMe OLAaL4WDE I X RETENERms10.000 1 -- Vn)RNERa COMP[NIATION WCSTATU. OTH AAANNNDppOarDIpKpqO�IYGSETTRR�TIaPPU,A{eIMn ❑ NIA EJ.. FACNACCbENT__ --' 8 EL. gaEASE-fAEMPIOYFE 8 OFVNx�IUMGMBERAWR� Pfl.dAsy M NNi EL. MSkA9E_POLIf.Y Vn xJsawaq,aMN ..... PHPKfi9t 302 3/03/201t 03f03/201 A Prot Liability 91,000,00013,000,000 Claims Made Retro Date 12131101 Crime PHS0607322 OW0312011031031201 $550000 OFSCNPTION OP OPERARONa/IDDATxNBIVENICLES NILRNACORD edt, AddMonal aamaNf BWosub.wewrosaacrb RyulrWl Additional Insured per policy terms and conditions as respects. Service Contract (See Attached Descriptions) City of La quanta P O Box 1504 La Quints, CA 92247.1604 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010105) 1 Of 2 The ACORD name and logo are registered marks of ACORD CAROM #618611IM18595 ILocations: 1) 6235.River crest Dr, Stes G-R, Riverside, CA 92507-0788 2) 204 N Highland Springs Ave, Bldg 4-A, Banning, CA 92220-3084 3) 222 E Main St, Suite 112, Barstow, CA 92311.2365 4)12421 Hesperla Rd, Ste6 111-14, Waterville, CA 92395-7703 5) 42800 Cook St, Ste 202, Palm Desert, CA 92211-5143 6) 56300 29 Palms Hwy, Ste 10, Yucca Valley, CA 92284-2800 7) 39815 Alta Mumeta Or, St" C2.4, Murrieta, CA 92663.5405 0)18169 Bear Valley Rd, Suite C, Hesperia, CA 923454977 9)1800 E Florida Ave, Hemet, CA 92544-4701 SAGtrTA 25.3 (2010105) 2 of 2 $S78B1116118595 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDOrfMI � Fag, 1 Ot 1 05/17/2D11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)mu8t be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement($). PRODUCER CONTACT Willis IneuYance services of California, Inc. pNWE ND.ErTx__8.'CY__�4-8 26 Century Blvd. - ____�_NyC,N01—QQQ_46'L-2378_ P. o. Box 305191 c AMRES&,_certificatefgwkll1Nom _... � Nashville, TN 37230-5191 _. _______ _ - _ INSUPER(SyFFORDINGCOVERAGE __ ..... NAIGS___ INSURERA: American Zurich Inaurance Company 40142-001 INSURED INSURERS: VSeSCing Nurse Association OE the Inlnnd Countlee -------------------- 6235 River Crest Drive RISURERC__._ Suite L D: Riverside, CA 92507 _INSURER _INSURER_E INSURER F--- .,—__.._..— I CCVPRArAE3 CERTIFICATE NUMBER: 159B1365 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ___ — --_ ._...—_._._......._.__ _—_ INSR TYPEOFNISINI CE D' SUB MMYNUM M POLICY E F F POLICI'EXP LIMITS GENERA -LIABILITY EACHOCOURRENCE COMMERCMLGENERAL LIABEItt. UAMAGETORENTED PREMISE$IFaosnrAlNp)._.._ f _ CVJMS-MADE OCCUR MEDEXP_Ir_ypnoni PERSONA.& ADVIWURY S GENERALAGGREGATE S OENLAGGREGATE LIMITAPPLIES PER: PRODUCTSGOMPNPAGG S S 1 POLICY n PRO LOC AUTOMOBILELIASILITY fAMBIWO SINGLE LIMIT EFBODILY S INJURY(Pe, P n) S— n ANY AUTO a NED - 2WWLM AUTOS _ AGTOB NCDNIREDAUTOS O __ SODEYINJUW(PwacdtleM) If Px ERtlttnl01 __—__._—.. S UMBRELLAL OCCUR EACH OCCURRENCE $ AGGREGATE S___.,_____ EXCESS WB CLAIMYMADE DED RETENTIONS $ A IMORNERSOOMPENSRTION NC930410309 /16/2011 5/16/201.2 X ANDEMPLOYERS'WBILITY yyyyyy ��11��111III ANY PROPRIETORIPARTNERIEX OMPIE (OMFaF,IICERrIMvEMB{EEDREXCLWED] NIA E.L. EACH ACCIDENT S 1,000,000 -_ EL. DISEASE _EAEMPLOYEE _ S 1,000,000 E.I. DISEASE 1,000,000 PTIOTIO NOFF SOROPERATICNS belmv Dr, DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (AMach AWN 101, AAdNnM RAmFMF SHOUN, if aeau h NQUINM Evidence of Coverage CERTIFICATE HOLDER CAnL MIL 11UPI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Visiting Nurse Association of the Inland Counties ",1 Ic Au-e.L Coll:3362806 Tn1:1268617 Cert:15981365 01088-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD