HomeMy WebLinkAbout1996-11-05; City Council; Resolution 96-3744
c
1
2
3
4
5
6
7
8
9
10
11
12
22 ccA 13 aag
14 Ow% 5UO 2055 ZrZ OG>5 nu 15
zwo 2;ss OZJO OKC~O 16
n
SWZ
E:? >:q 17 QOJ
60 18
19
20
21
22
23
24
25
26
27
20
rn 1
RESOLUTION NO. 96-374
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING VOLUNTEER STATUS AND DIRECTING APPROPRIATE ASSUMPTION OF THE RISK AND WAIVERS OF LIABILITY,
WHEREAS, there has been an outpouring of voli
assistance from local citizens and local organizations, and
WHEREAS, the City Council is desirous of coordii
those efforts in order to allow the maximum aid and comfort
delivered to the citizens adversely affected by the disa:
Harmony Grove fire and covered such volunteer work undei
Workers' Compensation program in accordance with its prt
policy of covering volunteers and requiring assumption of ris
waivers of liability prior to such volunteer work.
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2, That the Risk Manager or such other approF
department as determined by the City Manager is direct€
coordinate the execution and filing of appropriate volunteer E
forms which shall be substantially as shown in Exhibit llAll.
/I//
I///
//I/
%/I/
/I//
//I/
/I//
///I
1
2
3
4
5
6
7
8
9
10
11
12
am
13 SLU? YZ 5s;
14 0LUg 3UO $055
E-> ZdE
g0oa 15 $2:
sE$$ 0 16
E:$ 17 E?: -
18
19
20
21
22
23
24
25
26
27
28
UOJ
0
e 0
PASSED, APPROVED AND ADOPTED at a Regular Meeting 4
City Council of the City of Carlsbad on the 5th day of m
1996 by the following vote, to wit:
AYES: Council embers Lewis, Nygaard, Kulchin, Finnila, Hal
NOES: None
ABSENT: None
ATTEST:
Z, City Clerk
ant City Clerk
2
0 e
VOLUNTEER STATUS, ASSUMPTION OF RISK
AND WAIVER OF LIABILITY
THIS IS A WAIVER AND RELEASE. READ IT CAREFULLY BEFORE YOU SIGN IT.
1. Volunteer Status. I hereby volunteer to assist during a local emergency, state of emergency or state of war emergency anc understand that no reimbursement or compensation will be paid.
2. I hereby waive
and assume all risk and liability for any claim for personal injury or property damage which may occur as a result of the rendering of volunteer service. I am aware that I will be entering an area that has the potential for known and unknown hazards and risks, including, but not limited to, the following:
Assumption of Risk and Waiver of Liability.
and hereby assume any and all risk of personal injury to myself or property damage and hereby waive any claim against the City of Carlsbad and its agents, officers, servants, employees, and registered volunteers for personal injury or property damage including any and all claims or liability arising from their negligence in connection with the rendering of volunteer service.
3. Indemnification. I shall indemnify and hold harmless the City of Carlsbad from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys' fees, resulting from, arising out of, or connected with the rendering of volunteer service, including, but not limited to, any claim for personal injury or property damage.
defend any and all suits which may be brought against the City of Carlsbad, either alone or in conjunction with others, upon any such liability, claim or claims and shall satisfy, pay and discharge any and all judgments and fines that may be recovered against the City of Carlsbad in any such action or actions; provided, however, that the City of Carlsbad shall give me written notice of any such claim or demand.
4. Waiver of Liability for Use of Equipment. and all claims against the City of Carlsbad, its officers,
agents, and employees, for damage to property which may occur as a result of the use of equipment specified as follows:
In addition, I shall, at my own cost and expense,
I hereby waive any
e e
(Type of Equipment)
THIS IS A RELEASE
I HAVE READ THIS RELEASE CAREFULLY.
I UNDERSTAND THE RISKS INVOLVED IN RENDERING VOLUNTEER SERVICE.
I UNDERSTAND THAT BY SIGNING THIS, I GIVE UP MY RIGHT TO SUE THE
CITY OF CARLSBADj ITS AGENTSj OFFICERSj EMPLOYEES OR REGISTERED
VOLUNTEERS IF I AM HURT OR INJURED OR IF MY PROPERTY IS DAMAGED
OR DESTROYEDj EVEN IF THEY ARE NEGLIGENT.
I AM FULLY PREPARD TO ACCEPT TEAT RISK.
Date : Signature
Print Name
Business Address
Residence Address
Business Telephone Number
Residence Telephone Number