Desert Regional Med Ctr IHH (2015-0086)MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Edie Hylton, Deputy City Manager
DATE: October 27, 2015
RE: Free flu immunizations by Desert Regional Medical Center
Attached for your signature are two (2) original contracts/agreements 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:
Approved by the City Council on date
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.
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 1012812015)
NA Performance bonds as required by the agreement (originals)
NA City of La Quinta Business License
INDEMNITY AND HOLD HARMLESS AGREEMENT
This Indemnity Agreement and Hold Harmless ("Agreement") is hereby entered
into by the City of La Quinta ("City") and Desert Regional Medical Center, Inc.
("Agency") as of October 29, 2015 through October 29, 2016.
A. The Agency has proposed to provide free flu immunizations, medical supplies,
and personnel to administer the injections to seniors and other members of the
community at the La Quinta Wellness Center ("Services").
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 this service.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties agree as
follows:
Section I
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, indemnify and hold harmless the City and its
officers, employees, and agents (collectively, "Indemnified Parties") from and
against any and all of 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.
Revised 3-29-12
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 exact 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.
E. Professional 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 the City, consisting of: (a) certificate(s) of insurance evidencing all of the
coverages required and, (b) an additional insured endorsement to Agency's Commercial
general liability policy using ISO Form CG 20 10 with an edition date prior to 1988,
which form shall include coverage for completed operations. 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 coverages, and completed
operations coverages, with respect to liabilities arising out of Agency's performance of
the Services under this Agreement.
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.
Revised 5-29-12
DESERT REGIONAL MEDICAL CENTER, INC.
("Agency],
By.
Carolyn aldwell, FACHE
Its: President and CEO
CITY OF LA QUINTA
("City")
Digitally signedby Frank J. Spevacek
DN: serialNumber=l n615nh01202cvmj,
- - c=US, st=California, I=La Quinta, o=Frank
J.Spevacek, cn=FrankJ. Spevacek
By: Date: Z015.11.02 14:27:18 -08'00'
r rank � .Spevacek, City Manager
APPROVED AS TO FORM:
By:
William H. Ihrke, City Attorney
ATTEST:
DlUQuista,e yCitya( uiQulntz
=HIV DN:—ialN..be,6fmhzhdh4193cr, c=US,-California,
Q Dulnta, Li14of LaQ 8'O ,cn=City of la Dulnta
Date: 2019.11 A214:31:69 -08'00'
Susan Maysels, City Clerk
Revised 5-29-12