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Home My WebLink AboutVolunteer Release & Waiver of Liability Agreement - Huntingt (2) l ��NT�Nr to 2000 Main Street, of •.ti,-, Huntington Beach, CA City of Huntington Beach 92648 liPPRND. 7-0 cecoUNTY File #: 22-1114 MEETING DATE: 1/17/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Ingrid Ono, Administrative Assistant Subiect: Volunteer Release & Waiver of Liability Agreement Statement of Issue: The City currently requires Police Department volunteers to sign a liability waiver, which in part requires them to carry vehicle insurance to cover actions while driving for the Department. Many volunteers have discovered their insurance carriers will not cover them when driving city-owned vehicles. As a result, these volunteers are not able to perform many of the functions the Department normally relies on them to do. Financial Impact: There are no additional costs for insurance premiums. However, the City may be subject to additional liability claims if a volunteer is involved in an auto accident within the City's self-insurance claims limit of$1 million. Recommended Action: Staff recommends City Council approve use of the Volunteer Release & Waiver of Liability Agreement (Attachment) as drafted and approved by the City Attorney. Alternative Action(s): Do not approve and direct staff accordingly. If not approved, our volunteers will not be covered by the City's insurance while driving a city vehicle. This will cause some volunteers, whose private insurance carriers will not cover them when driving city-owned vehicles, to limit their volunteer contributions to tasks not requiring them to drive city-owned vehicles. Analysis: The City recognizes volunteerism as an integral part of what makes HB a great place to live and work. The HBPD Volunteer programs are an important piece of the public safety model for all residents of HB. Our volunteers complete a multitude of tasks, which would otherwise have to be City of Huntington Beach Page 1 of 2 Printed on 1/11/2023 powe,e1J6 LegistarTM File #: 22-1114 MEETING DATE: 1/17/2023 completed by other paid employees. Such tasks include removal of signs and posters on city-owned property, transporting property and supplies between various city buildings and locations, pickup and delivery of items for our fleet management personnel, and others. In addition to these actions, our volunteers also conduct tasks which add value and improve the quality of life for our residents, such as vacation house checks. Approval of the Volunteer Release & Waiver of Liability Agreement allows the Department to utilize our volunteers to their fullest potential. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. HBPD Senior Volunteer Release & Waiver of Liability Agreement - CA approved. City of Huntington Beach Page 2 of 2 Printed on 1/11/2023 powerely LegistarTM liti WY HUNTINGTON BEACH POLICE DEPARTMENT VOLUNTEER RELEASE &WAIVER OF LIABILITY AGREEMENT This Agreement is made effective the of , 202_, by and between the Police Department of the City of Huntington Beach ("Department") and ("Volunteer"). 1. Assumption of Risk. I understand that my work for the City may include activities that are hazardous and/or physically strenuous and that I may be exposed to personal injury or damage to my property as a result of my activities, the activities of other persons, or the conditions under which my services are performed while participating in City volunteer activities. Though the City will provide me with support, supervision, training, and supplies to accomplish assigned tasks, I agree to the following: a. I will follow all instructions provided by the City, its employees, or volunteer coordinators. b. I will only use equipment that I know how to operate and use safely. c. I will not undertake any activity for which I do not feel sufficiently prepared or able and until I have received instructions. d. I will take all reasonable precautions to avoid injury to myself and to others and damage to property. e. Finally, except as provided below, I agree to assume the risk of injury or harm and release the City, its officers, directors, employees, and other City volunteers from all liability for injury, illness, death, or property damage arising from my work as a volunteer. 2. Waiver and Release. Except for automobile accidents while driving in my capacity as a volunteer for the City, I hereby release and forever discharge and agree to indemnify,protect, defend and hold the City, its elected officials, boards, commissions, officers, agents and employees free and harmless from any and all claims, liabilities, losses, liens, damages, costs and expenses resulting from injury or death of any person or persons' property damage or that may arise out of my work as a volunteer other than as caused by the negligence or willful misconduct of the City. I understand that this release discharges the above entities from any liability that may result from my work. 3. Medical Treatment. I release and discharge the City from any claim that arises or may arise due to any first aid,medical treatment, or service rendered to me. 4. Health Insurance. The City does not have responsibility for providing any health, medical or disability insurance coverage for me. IT IS MY RESPONSIBILITY AS A VOLUNTEEER TO ENSURE I HAVE MEDICAL/HEALTH INSURANCE. 1 Exhibit B 20-8476/226000/SFF 187 5. Automobile Insurance. The City agrees that it will cover the costs of an accident or personal injuries resulting from driving or as a passenger in a personal vehicle or a City vehicle while performing volunteer work for the Department. I will maintain a valid driver's license and valid auto insurance. This City coverage does not include willful or gross negligence (including driving while. under the influence of alcohol or drugs). 6. Photographic Release. I grant the City the right to use photographic images and video or audio recordings of me that are made by the City or others during my volunteer work for the City. 7. Duration of Release. My acceptance of the terms in this Agreement applies as long as I volunteer for the City. 8. Scope of Release and Waiver. I agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of California and that this Agreement is governed by and will be interpreted according to the laws of California. I execute this Agreement on behalf of myself, my heirs, and my assigns and intend that it be applicable and binding thereto. I understand and intend that should any part of this Agreement be ruled invalid by a court, the other parts will remain valid and continue to be in effect. Dated: Dated: City of Huntington Beach VOLUNTEER By: Police Chief Signature City of Huntington Beach Print Name By: City Attorney ttv Street Address City, State E-mail Address Phone Number 2 Exhibit B 20-8476/226000/SFF 188 Switzer, Donna From: Fikes, Cathy Sent: Tuesday,January 17, 2023 9:27 AM To: Agenda Alerts Subject: FW:Agenda # 17 Volunteer Release &Waiver of Liability Agreement From: Patricia Goodman<patgoodman@yahoo.com> Sent:Sunday,January 15, 2023 10:54 AM To:Strickland,Tony<Tony.Strickland@surfcity-hb.org> Cc:CITY COUNCIL<city.council@surfcity-hb.org> Subject:Agenda # 17 Volunteer Release &Waiver of Liability Agreement Dear Mayor Strickland, I am curious to know if the if the information including the address of volunteers will be shared and available for public review? It will be helpful to volunteers to have a disclosure on the bottom of the form that states how this information will be used, stored and available to the wider public. Appreciate your response. Patricia Goodman, Huntington Beach, CA Sent from Mail for Windows SUPPLEMENTAL COMMUNICATION oDate: e//7-fz.3 Agenda Item No.; I 41 -2°2.— /ll4) 1