HomeMy WebLinkAboutReso - CC - 068-1999RESOLUTION NO. 68-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AMENDMENT NO.2 TO THE JOINT POWERS AGREEMENT
ESTABLISHING THE SAN MATEO PRE -HOSPITAL EMERGENCY SERVICES
PROVIDERS GROUP AND AUTHORIZING THE MAYOR EXECUTE THE
AMENDMENT BY AND ON BEHALF OF THE CITY OF BURLINGAME
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City joined the San Mateo Pre -Hospital Emergency Service Providers Joint
Powers Agency to deliver effective emergency medical services throughout the County of San
Mateo; and
WHEREAS, it is imperative that this Agency obtain insurance coverages that protect the
public, the members, and the Agency and that meets the terms of the Agency's agreement with the
other emergency medical services provider and the County; and
WHEREAS, the Agency has obtained this insurance and in order to complete this process,
the members of the Agency must agree to indemnify the Agency with regard to vehicle liability; and
WHEREAS, the Agency has proposed an Amendment No. 2 to the Agency agreement that
would require this indemnification,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. Amendment No. 2 to the Agreement Establishing the San Mateo Pre -Hospital Emergency
Services Providers Group as contained in Exhibit 1 to this Resolution is approved.
2. The Mayor is authorized and requested to execute the Amendment on behalf of the City
of Burlingame, and the Clerk is directed to attest to the signature of the Mayor.
MAYOR
I, JUDITH A. MALFATTI, City Clerk ofthe City ofBurlingame, do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 6th day of July
1999, and was adopted thereafter by the following vote:
AYES: COUNCILMEMEERS:
NOES: COUNCILMEMEERS:
ABSENT: COUNCILMEMBERS:
GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
NONE
2
Resolution No. 99-03
A Resolution of the Board of Directors of the
San Mateo Pre -Hospital Emergency Medical
# Powers Agreement Providers Group
Approving an Amendment to be Join
Establishing the Group Relating to Insurance
WHEREAS, Section XIII (Liability) of the Joint Powers Agreement Fstatbho hi g
izes
the San Mateo Pre -Hospital Emergency Se>d , Providers GrouC'Group") other insurance asp deemed appropriate;
the Group to maintain such public liability
and
WHEREAS, the structure of the public liability and other insurance to be
maintained by the Group requires an amendment to Section XIII (Liability) of the Joint
Powers Agreement; and
VMERBAs the amendment to Section XIII (Liability) allows the Board
dthe
Directors to adopt provuired asconisions Groisions obligating the Parties to defend and/or indemnify up
for defined claims and liabilitiesoo ot}rer tnnsarance scribed in SectionpXIII; and and/or
maintaining the public liability
andWHEREAS, Section XV of the Joint Powers Agreementvbodies of all Parties; and
amended by an affirmative vote of two-thirds of the governing
WHEREAS, the Board of Directors of the Group has reviewed the amendment to
Section XIII(Liability) attached to this Resolution No. 99-03 as Exhibit A.
NOW, THEREFORE, the Board of Directors of the San Mateo Pre -Hospital Emergency
hereby resolve as follows:
Services Providers Group does he
Section XIII (Liability) of the Joint Powers Agreement
SECTION i. The amendment to
Hospital Emergency Services Providers Group attached
Establishing the San Mateo Pre -
as Exhibit A to this resolution is hereby approved.
b
SECTION 2. It is recommended that the governing body of each Party to the Joint
Powers Agreement approve the amendment to the Joint Powers Agreement attached as
Exhibit A to this resolution.
PASSED AND ADOPTED this 16'b day of June, 1999 by the following roll call vote:
AYES:
NOES:
Amendment No. 2 to the Joint Powers Agreement
Establishing the San Mateo Pre -Hospital Emergency Services Providers Group
Section XIII (Liability) of the joint Powers Agreement is hereby amended to read as
follows:
XIII. Liability
A. Exce t as s ec'rficall rovided in this Section XIIIC no debt, liability, or obligation
liability or obligation of any Party -
of the Group shall constitute a debt
$- Except as hate Parties and by Section XJV of this Agreement,
lrbesr sponnsible forthorized the acts and omissions f another Party's fficers or
no Party
employees nor shall a Party officers or employees arising out of the services an
activities of another Party
C- mainta
The Group may maintain such public liability and other insurance as deemed
appropriate. To the extent r aired as a condition to r}ocstrrm a�Oee m
thv Rnard of Dire or
u,, - --
are attached as Exhibit A to this Aezeement.
D- If the Group is held liable upon any judgment for damages caused by the negligent or
wrongful act or omission occurring in the performance of this Agreement, the pro rata
share of each Party in the satisfaction of such judgment shall be based upon each
party's allocation of "units" in the revenue allocation plan adopted by the Board.
Exhibit A to the Joint Powers Agreement
Establishing the San Mateo Pre -Hospital Emergency Services Providers Group
[Section XIII. Liability]
1. Each Party agrees to defend, indemnify, and hold harmless the Group, its officers,
officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damages, injuries, and liability, direct or indirect, arising out
of the operation of a vehicle owned or lease -financed by the Party and used to
transport personnel, equipment and/or supplies to provide advanced life support first
responder services. The Party's obligation to defend is triggered only when the
operation of such vehicle is the only basis for asserting a claim, demand or action
against. the Group, provided that the Group or its insurer may seek reimbursement of
any reasonable costs incurred by one or both of them in defending a claim, demand or
action in which there is a cause of action based on the operation of such vehicle.
2. Each Party shall maintain insurance/self-insurance for automobile liability covering
bodily injury and property damage arising out of or in connection with the operation
of all vehicles owned or lease -financed by it (Auto Policy) in an amount that complies
with the obligation of the Group to provide automobile liability coverage in the Pre -
Hospital Emergency Services Agreement between the Group and the countywide
ambulance provider for San Mateo County.
3. Each policy of insurance or self-insurance described in Section 2 shall include:
a. a contractual liability endorsement or additional insured endorsement covering the
liability, assumed by the Party under this Joint Powers Agreement establishing the
San MateoPre-Hospital Emergency Services Providers Group;
b. an endorsement providing that despite any provisions of the Auto Policy to the
contrary, the Auto Policy coverage will be primary with respect to any claims,
demands, actions, losses, damages, injuries, or liability covered by the contractual
liability or additional insured endorsement; and
c. an endorsement stating that the Auto Policy will not be suspended, voided,
canceled or reduced in coverage or limits except after written notice of such
proposed action given to the Group not less than thirty (30) calendar days of such
proposed action.
4. Specifically exempted from this Exhibit A, are any and all ambulances owned or
otherwise lease/financed or leased by American Medical Response and operated by
any Party to this Agreement pursuant to the Ambulance Staffing Agreement between
American Medical Response West, dba Baystar/American Medical Response, the
Contractor and the San Mateo Pre -Hospital Emergency Services Provider Group.
5. The Group agrees to defend, indemnify, and hold harmless each Party, its officers,
officials, agents, employees and volunteers from and against any and all claims
demand, actions, losses, damages, injuries, and liability, direct or indirect, arising out
. A
of the activities of each Party described in this Agreement, specifically excepting
therefrom, the activities described in Paragraph 1 of this Exhibit A.
It