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HomeMy WebLinkAbout1989-09-26; City Council; 10267; Hold Harmless Agreement City of San Mateo0 Ul 6 a: a. ~ z 0 ~ _, 0 z ::, 8 r11 Cfjf OF CARLSBAD -AGEN.\ BILL • I u TITLE· AUTHORIZE EXECUTION OF IN E ___ .._.. __ ...,._. AND HOLD HARMLESS AGREEMENT AND RELEASE IN FAVOR OF CI1Y OF SAN MATEO CITY A ~ l.J/ CITY MG.-..-1~- RECOMMENDED ACTION: Adopt Resolution No. ff, JJ'f approving the hold harmless agreement and authorizing the Police Chief to execute said agreement. • ITEM EXPLANATION: The City Council has previously approved and funded purchase of four police motorcycles. Two officers will b~ assigned to the motorcycle ·division and training positions have been requested in the San Mateo training course. This training is standard practice for all police agencies in California and is limited in availability. The hold ham1less agreement (Exhibit 2) is required of all school participants. 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's training budget. The school is POST approved and reimbursable. EXHIBITS: 1. Resolution No. t'f?-J.fltj I 2. Hold Harmless Agreement I I 1 RESOLUTION NO. 89-339 2 3 4 AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT AND RELEASE IN FAVOR OF CI'IY OF SAN MATEO RESOLVED. that the City Council of the City of Carlsbad does 5 hereby authorize Robert B. Vales. Chief of Police, to execute in favor 6 of and deliver to City of San Mateo the "Indemnity and Hold Harmless 7 8 9 10 Agreement and Release In Favor of City of San Mateo" a copy of which is attached hereto as Exhibit 2 and made a part hereof. PASSED AND ADOPTED by the City Council of the City of 11 Carlsbad at a regular meeting held on the 26th day of Septemper 12 13 14 15 16 17 18 19 1989, by the following vote: AYES: Council Members Lewis, Pettine, Mamaux and Larson NOES: None ABSENT: Council Member Kulchin ABSTAIN: None 20 ATIEST: 21 22 a~.i!f?o~ 23 ALETHA L. RAUTENICRANZ, City Cl;)k 24 25 26 27 28 (Seal) Ill/ /Ill /Ill /Ill I INDEMNITY~ HOLD HARMLESS AND RELEASE BYCITY 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 (hereinafter referred to as "Contracting Agency 11 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, 11ability, 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: POLICE DEPARTMENT