HomeMy WebLinkAboutPD Reviewing Unsolved Criminal Cases Indemnification of VolunteersAGREEMENT FOR INDEMNIFICATION OF VOLUNTEERS
THIS AGREEMENT is made and entered into this 121r41 day ofJ N 4�:
2012, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PAULA
FRESCHI KAMENA, LINDA WITONG ABRAHM, and KATHRYN MITCHELL -BALL,
with respect to the following facts:
RECITALS
WHEREAS, PAULA FRESCHI KAMENA, LINDA WITONG ABRAHM and
KATHRYN MITCHELL -BALL are attorneys, duly licensed by the State of California, who
formerly worked as prosecutors for the Office of the Di strict Attorney of the County of Marin; and
WHEREAS, PAULA FRESCHI KAMENA, LINDA WITONG ABRAHM and
KATHRYN MITCHELL -BALL have agreed to volunteer their time and professional expertise,
as a team (together, the "CATCH TEAM"), to assist the CITY's Police Department in reviewing
and resolving its unsolved criminal cases; and
WHEREAS, the CITY desires to take advantage of the services offered by the CATCH
TEAM without exposing its individual members to legal liability for their volunteer work on the
CITY's behalf.
WHEREAS, the CATCH TEAM members do not, and are not required by the CITY, to
carry malpractice insurance covering the work they do for the CATCH TEAM.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. INDEMNIFICATION. In consideration of the services voluntarily provided to
CITY by the CATCH TEAM, CITY agrees to defend, indemnify and hold harmless CATCH
TEAM members PAULA FRESCHI KAMENA, LINDA WITONG ABRAHM and
KATHRYN MITCHELL -BALL, and each of them, from and against any and all damages,
disabilities, liabilities and expenses including, but not limited to, reasonable attorneys' fees
(together "liabilities") as to which this indemnity applies, whether arising from personal injury,
property damage or losses that may be asserted by any person or entity, including the CITY,
arising out of or in connection with their volunteer services on and for the CATCH TEAM,
excluding only those liabilities arising from acts outside the scope of the agreed upon services or
performed with actual fraud, corruption, or malice.
2. COMPLIANCE WITH ALL LAWS. The CATCH TEAM shall observe and
comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the
performance of its duties and services.
3. NO itutw PARTY BENEFICIARIES. CITY and the CATCH TEAM do not
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intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by
one party, under the terms and conditions of this Agreement, to the other party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
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ANCY MA E, City Manager
ATTEST:
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ESTHER C. BEIRNE, City Clerk
AP ROVED AS TO FORM:
ROBERT F. EPSTEP4 City Y Ait�
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THE "CATCH" TEAM:
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PAULA FRESCHI KAMENA
LINDA WITONG AB
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KATHRYN MITCHELL -BALL
Attorney/Client Privilege
CITY OF SAN RAFAEL
City Attorney's Office
INTERDEPARTMENTAL MEMORANDUM
DATE: June 7, 2012
TO: Nancy Mackle, City Manager
FROM: Lisa A. Goldfien, Assistant City Attorney
RE: City Defense and Indemnification of Police Volunteers
The Police Department is being assisted by a small group of retired prosecutors from the Marin
County District Attorney's Office (the "Catch Team") who are volunteering their specialized
knowledge and experience to review and help resolve some of the Department's "cold cases."
Our office has determined that the City would be required to treat these volunteers as employees for
purposes of the defense and indemnification of tort claims against them arising from the work they
do on the Catch Team. For purposes of liability of public entities or public employees, "employee"
is defined as including an "employee, or servant, whether or not compensated." (Gov. Code
§810.2) In this context then, it has been held that a volunteer doing work for and at the request of a
local agency, is an employee entitled to the defense and indemnification protections of the
Government Tort Claims Act. (Gov. Code § 825(a); Chavez v. Sprague (1962) 209 Cal. App. 2d
101, 111.)
The Catch Team members have asked that the City formalize this obligation by entering into an
express indemnification agreement. Although we typically have not been asked to enter into
such agreements for volunteers, we believe the request is not unreasonable. Therefore, I have
drafted the enclosed brief Indemnification Agreement for this purpose, which has been signed in
quadruplet by the Catch Team members. I have signed off on the agreement and request that you
also execute them and then return three originals to me to return to the Catch Team.
Please let me know if you have any questions.
Enclosure
cc: Esther Beirne