Elder Dental Hygiene/Cancer Screening 15INDEMNITY AND HOLD HARMLESS AGREEMENT
THIS INDEMNITY AGREEMENT AND HOLD HARMLESS ("Agreement") is hereby entered into by the City of La
Quinta ("City") and Elder Dental Hygiene Practice of Laurie King ("Agency") as of October 29, 2015.
RECITALS
A. Agency has proposed to provide screenings to members of the community at the La Quinta
Wellness Center ("Services"). The "Services" will consist of the following Free screening every other month.
Clinician uses an oral screening device "Oral Identify" utilizing fluorescence blue light technology to identify
oral abnormalities such as cancer, pre -cancer, and other abnormal lesions in the mouth.
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 services.
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 Agency shall defend (with counsel selected by the City), indemnify, and hold harmless the City and
its officers, employees, and agents (collectively, "Indemnified Parties") from and against any liability
(including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of
investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole
or in part, the performance of this Agreement by Agency or by any individual or entity for which Agency is
legally liable, including but not limited to officers, agents, employees, or subcontractors of Agency,
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 Agency, Agency shall provide a defense
(with counsel selected by the City) 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, Agency shall be obligated to promptly pay any final judgment or portion thereof
rendered against the Indemnified Parties.
Section 3
ftevici April 2015
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. Prof Tonal Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors or omissions of the
consultant and "Covered Professional Services" as designated in the policy must specifically
include work performed under this agreement. The policy limit shall be no less than $1,000,000
per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before
the effective date of this agreement.
3.2 Agency agrees to provide evidence of the insurance required herein, satisfactory to City, consisting
of: (a) certificate(s) of insurance evidencing all of the coverages required.
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.
3.4 Copies of this Agreement and any other forms of communication between the parties shall be
directed to the addresses set forth below:
To City: To Consultant:
CITY OF LA QUINTA
Attention:
78-495 Calle Tampico
La Quinta, California 92253
Email address:
Vendor Name: Elder Dental Hygiene
Attn: Laurie King, RDH, RDHAP MS
Address: 76679 Florida
City ST ZIP: Palm Desert, CA 92211
Email address: laurieking@verizon.net
ElderDental Hygiene Practice of Laurie King
("Agency")
y: aurie King, RDHAP
Its: Owner
Revised April 2015
CITY OF LA QUINTA
("City")
Digitally signed by Frank J. Spevacek
DN:
serialNumber=1n615nh01202cvmj,
c=US, st=California, I=La Quinta,
o=Frank J. Spevacek, cn=Frank J.
Spevacek
BY: Date: 2015.10.26 14:39:25 -0700'
Frank J. Spevacek, City Manager
APPROVED AS TO FORM:
--11.
By:
William
William H. Ihrke, City Attorney
OLT.
TO: Frank J. Spevacek, City Manager
FROM: Edie Hylton, Deputy City Manager
DATE: October 23, 2015
RE: Free Oral Identify cancer screening every two months
Attached for your signature are two (2) original contracts/agreements between Elder
Dental Hygiene of Laurie King and the City of La Quinta for the project or services
referenced above.
Please sign and return both originals to the City Clerk for final distribution.
Requesting department shall check and attach the items below as appropriate:
NA A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
_____ no reportable interests in LQ or _____ reportable interests
NA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not
meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
NA Approved by the City Council on ___________________________date
NA City Manager’s signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
X City Manager’s signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
NA City Manager’s signature authority provided under Contract Change Order Policy
Contracts under $100,000= 10% max, contracts over $100,000= $25,000 max
The following required documents are attached to the agreement:
X Insurance certificates as required by the agreement (initialed by Risk Manager on 10/26/2015)
NA Performance bonds as required by the agreement (originals)
NA City of La Quinta Business License (not required for agencies providing free services per C. Doran)