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HomeMy WebLinkAbout1986-09-02; City Council; 8748; Hold Harmless Agreement City of San MateoC) lJ..I > 0 0::: a. a.. ,.:( .. z 0 § <C ..I 0 z ::, 0 0 AB# f7t/f': MTG. f-Z -~'- DEPT. POL TITLE: ADOPTION OF RESOLUTION NO. cf1f/ AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT AND RELEASE, IN FAVOR OF CITY OF SAN MATEO RECOMMENDED ACTION: DEPT. HD.-+':9.~ CITY ATTY~-=- Cl"fY MGR.~ Adopt Resolution No. r:7y/ approving the hold harmless agreement and authorizing the Police Chief to execute said agreement. ITEM EXPLANATION: City Council approved and funded purchase of two police motorcycles in the FY 86-87 budget. Two officers ~ill be attending an 82-hour motorcycle training course in San Mateo prior to being assigned to the positions. This training is standard practice for all police agencies in California and is available at only four locations in Ca'lifornia. If we do not enroll in this school, the next available positions will be in 1987. The hold harmless agreement (Exhibit A) is required of all participants in the school. The City Attorney's office has reviewed the agreement. FISCAL IMPACT It will cost approximately $3500 to send two officers. Funds are available in the police department training budget. The school is POST approved and reimbursable. EXHIBITS: 1. Resolution No. r1f:J 1 2. Hold Harmless Agreement l 2 3 4 5 6 7 8 9 10 t 11 12 13 14 15 16 17 18 19; 20 l 21 22 23 24 25 26 27 28 RESOLUTION NO. 8781 AUTHORIZING EXECUTION OF INDEMNITY ANO HOLD HARMLESS AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF SAN MATEO • RESOLVED, that the City Council of the City of Carlsbad, does hereby authorize Vincent D. jlmno, its Chief of Police, to execute in favor of and deliver to City of San Mateo the ''Indemnity and Hold Harmless Agreement, and Re 1 ease, In Favor of City of San Mateo", a copy of which is attached hereto as Exhibit "A 11 and made a part hereof. ,, PASSED AND ADOPTED by the City Council of City of Carlsbad at a regular meeting held on the __ 2_n_d day of September , 1986, by the following vote: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ABSTAIN: None AT7EST: ALETHA L. RAUTENKRANZ, City Clerk / ' ' ' INDEMNITY, HOLD HARMLESS AND RELEASE BY CITY OF CARLSBAD IN FAVOR OF THE CITY OF SAN MATEO In consideration of an 82-hour motorcycle training course being conducted by the CITY OF SAN MATEO (hereinafter •san Mateo•) and its allowing employees of the CITY OF CARLSBAD, CA. (hereinafter referred to as •contracting Agency') to take part in said course, Contracting Agency agrees to indemnify, defend, and hold harmless San Mateo, its officers and employees, from and against any and all claims, loss, liability, and damages resulting from injury to or death of persons, including to employees of contracting Agency, or from damage to property, including that of San Mateo, the San Mateo county Fair Association, San Mateo County, and the California Jockey Club, arising out of or in any way connected with contracting Agency's participation in the 82-hour course, however, caused, regardless of negligence of San Mateo, whether active or passive, except for injury or damage caused by the sole negligence or willful misconduct of San Mateo. This agreement shall remain in full force and effect unless written notice is given to the City of San Mateo Chief of Police, at least 30 days before the effective date of such termination. Dated: SEPTE}IBER 5, 1986