THIS Agreement made on the ______day of _________________, 20___

 

BETWEEN

 

 

 

(the "Municipality")

 

AND

 

The Emergency Health Services Commission

 

(the “Commission”)

 

WITNESSES THAT WHEREAS:

 

A.    police officers and fire fighters employed by the Municipality (hereinafter referred to as the “Employees”) have agreed to participate in the First Responder Program; and

 

B.    the Municipality has agreed to permit its employees to participate in the First Responder Program on the condition that the Commission execute and deliver to it this Indemnity.

 

NOW THEREFORE in consideration of the premises, the respective covenants of the parties herein and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties hereto covenant and agree as follows:

 

1.0        DEFINITIONS

 

First Responder Program means a program where an employee provides emergency health care in the following circumstances:

 

(a)   at the request of the Commission through its Dispatch system; or

 

(b)   the employee, in the course of employment, attends an accident or illness and who is of the opinion that emergency health care should be rendered.

 

2.0        INDEMNITY

 

2.1   Subject to Sections 2.2, 2.3, and 3.7, the Commission shall indemnify and save harmless the Municipality or its employees against and from all Claims in tort which may be brought or made by any person against the Municipality or its employees in consequence of the employees participating in the First Responder Program or that arise out of or in any way connected with the participation in the First Responder Program whether sustained or incurred by reason of the employee's negligence or default in performing emergency health care treatment in accordance with the First Responder Program including legal fees and disbursements on a full indemnity basis.

 

 

 

 

 

 

2.2                Notwithstanding the provisions of Section 2.1, the Commission shall not be obligated to indemnify or save harmless the Municipality or its employees against any liability in consequence of:

 

(a)   an employee is grossly negligent or shows wilful, wanton and reckless conduct in performing emergency health care;

 

(b)   an employee performs emergency health care for which he has not been trained and for which he is not licensed under the Health Emergency Act;

 

(c)   an employee travelling to or from the scene of the accident or illness.

 

2.3                Notwithstanding the provision of Section 2.1, the Commission shall have no obligation to indemnify or save harmless the Municipality or its employees in respect of any liability for which the Municipality or its employees are entitled to indemnity pursuant to any valid and collectible policy of insurance, to the extent of such insurance.  Where partial indemnity is provided by such policy, the obligation of the Commission under Section 2.1 shall continue in effect but be limited to that portion of the liability for which indemnity is not provided by such policy.

 

 

3.0   DEFENCE

 

3.1   For the purpose of this part:

 

“Action” means any Action in which a Claim is brought, made or advance against the Municipality or its employees:

 

“Claim” means any Claim contemplated by Section 2.1, without reference to Section 2.2.

 

“Judgement” means an award of damages or other monetary compensation made in a Action which the Municipality or its employees are ordered to pay by any court having proper jurisdiction as a result of any Claim brought, made, or advanced against the Municipality, and its employees; and “Settlement” means an Agreement to compromise a Claim or Action.

 

3.2   Upon the Municipality or its employees becoming aware of any pending or threatened Claim or Action, written notice shall be given by or on behalf of the Municipality or its employees to the Commission within five working days.

 

3.3   The Commission shall conduct such investigation of each Action or Claim as is reasonably necessary in the circumstances, and shall apply all cost of such investigation.

 

 

 

 

 

 

 

 

3.4   Subject to this section and Section 3.7, the Commission shall defend, on behalf of the Municipality or its employees, any Action, even if the Claim upon which the Action is founded is groundless, false or fraudulent.  If the Commission has reasonable grounds for believing that any of the circumstances described in Section 2.2 or 2.3 applies to the Action, then the Commission, upon giving the Municipality or its employees written notice of its belief and the grounds therefore, may refuse to so defend the Action, but this shall not relieve the Commission from any of its obligations of indemnity hereunder if it is determined that Sections 2.2 and 2.3 do not apply to the Action.

 

3.5   The Commission shall consult with the Municipality and its employees concerning the appointment of any defence counsel to be engaged by the Commission in fulfilment of its obligation to defend an Action pursuant to Section 3.4; thereafter the Commission shall appoint counsel.

 

3.6   With respect to a Claim or Action for which the Commission is obliged to indemnify the Municipality and its employees hereunder, the Commission may conduct negotiation towards a Settlement and, with the written consent of the Municipality or its employees (which the Municipality or its employees agrees not to unreasonable withhold) the Commission may make such Settlement as it deems expedient, provided however that the Municipality or its employees shall not be required, as part of any proposed Settlement, to admit liability or agree to indemnify the Commission in respect of, or make contribution to, any compensation or other payment for which provision is made under the Settlement.  The Commission shall pay any compensation or other payment for which provision is made by such Settlement.

 

3.7   With respect to a Claim or Action for which the Commission is obliged to indemnify the Municipality or its employees hereunder, if the Municipality or its employees shall fail to give consent to the terms of a proposed Settlement which is otherwise acceptable to the Commission and the Claimant, the Commission may require the Municipality or its employees to negotiate or defend the Action independently of the Commission and in such event any amount recovered by such Claimant in excess of the amount for which Settlement could have been made by the Commission, shall not be recoverable under this Indemnity, it being further agreed by the parties that the Commission shall only be responsible for legal fees and costs up to the time at which such Settlement could have been made.

 

3.8   The Municipality or its employees shall have the right to negotiate a Settlement in respect of any Claim or Action which is founded upon any of the acts specified in Section 2.2.  In that event, the Municipality or its employees shall pay any compensation or other payment for which provision is made under the Settlement and shall not seek indemnity or contribution from the Commission in respect of such compensation or payment.  The Municipality or its employees shall pay to the Commission, within 60 days of the Commission making demand therefore, all fees, costs and expenses (including legal fees and disbursements on a full indemnity basis) which result from the defence of the Action in respect of which the Settlement was made, including the cost of any investigation undertaken by the Commission in connection therewith, to the date the Settlement was made.

 

 

3.9   The Commission shall pay any judgment which may be given against the Municipality or its employees unless any of the circumstances in Section 2.2 applies to the Action in respect of which the judgement is given or unless and to the extent the Municipality or its employees is otherwise entitled to indemnity under a policy of insurance as contemplated by Section 2.3, in either of which cases the Municipality or its employees shall pay to the Commission, within 60 days of the Commission making demand therefore, all fees, costs and expenses (including legal fees and disbursements on a full indemnity basis) which result from the defence and appeal of the Action, including the cost of any investigation undertaken by the Commission in connection with the Action.

 

 

4.0   GENERAL

 

4.1   In this Agreement wherever the singular or masculine is used it will be construed as if the plural or feminine or neuter, as the case may be, had been used where the context or the nature of the parties hereto so requires and unless the context otherwise requires, a reference to a section by number is a reference to the section so numbered in this Agreement.

 

4.2   All notices and other communication required to be given by a party hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand to the other party at the other party’s address specified above, or at such other address in Canada as the other party may have last specified in writing to the party intending to convey the notice or other communication.

 

4.3   Time shall be of the essence of this Agreement.

 

4.4   The headings in this Agreement are inserted for ease of reference only and shall have no effect on the construction or interpretation of this Agreement.

 

4.5   This Agreement shall be construed in accordance with, and be governed by, the laws in force in the Province of British Columbia.

 

4.6   This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and there are no Agreements, representations or warranties, expressed or implied, which are collateral hereto.

 

4.7   This Agreement may only be amended by a written Agreement signed by the parties.

 

4.8   Each of the parties agrees to promptly do all such further acts, and promptly execute and deliver all such further documents, as may be necessary or advisable for the purpose of giving effect to or carrying out the intent of this Agreement.

 

4.9   This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, or other legal personal representatives, successors and assigns.

 

 

 

 

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the date first written above.

 

 

SIGNED AND DELIVERED BY a duly authorized representative of the Minister of Health on behalf of Her Majesty the Queen in Right of the Province of British Columbia in the presence of:

 

 

 

_________________________________

Signature of Witness

 

 

 

_________________________________

TITLE

 

 

 

_________________________________

Authorized Signatory

 

 

 

_________________________________

TITLE

 

 

 

_________________________________

Authorized Signatory

 

 

 

_________________________________

Signature of Authorized Representative