WHEREAS, the Department of Public Health wishes to streamline the processing of contracts wherever possible; and,
WHEREAS, contracts with public entities or entities with a similar commitment to public purposes usually require mutual or cross-indemnification; and,
WHEREAS, the Board of Supervisors must review and approve all contracts with a mutual indemnification section because of the potential liability involved; and,
WHEREAS, the Department of Public Health desires to renew contracts with the following entities: the Regents of the University of California, UCSF/Stanford Health Care, Alameda County, San Mateo County, and the San Francisco Unified School District for medical and prevention services; and,
WHEREAS, the Department of Public Health contracts with these entities to provide necessary services for an amount totaling over $17 million; and,
WHEREAS, Department of Public Health contracts require indemnification of the City and County of San Francisco; and,
WHEREAS, these entities have required mutual or cross-indemnification in these contracts; and,
WHEREAS, the Department of Public Health recommends, and the Health Commission agrees, that mutual indemnification for these contracts is an expeditious, cost-efficient way to deal with their need to reduce and manage their risks; and,
WHEREAS, the Department of Public Health, with the approval of the Health Commission, has requested approval of the mutual indemnification language in these contracts from the Board of Supervisors; and,
WHEREAS, the Board of Supervisors has agreed to the addition of mutual indemnification language to all of these contracts in past years; and,
WHEREAS, the risk management experience of the City and County of San Francisco with these contracts indicates a very low probability for lawsuits, with a resulting lawsuit or settlement yet to occur; now, therefore, be it
RESOLVED, that the San Francisco Health Commission recommends that the San Francisco Board of Supervisors authorize the Director of Health to enter into and execute written agreements that contain mutual indemnification provisions on behalf of the City and County of San Francisco with the Regents of the University of California, UCSF/Stanford Health Care, Alameda County, San Mateo County, and the San Francisco Unified School District relating to the provision of medical services, including mental health and substance abuse services, to San Francisco residents.
I hereby certify that the foregoing resolution was adopted by the Health Commission at its meeting of Tuesday, September 15, 1998.
Sandy Ouye Mori, Executive Secretary to the Health Commission