HomeMy WebLinkAbout08/16/1988, C-7 - INDEMNITY AND HOLD HARMLESS AGREEMENT IN FAVOR OF THE CITY OF SAN MATEO, ARISING OUT OF MOTORCYCLE TRAINING COURSE. MEETING DATE
jcity of San 1• -qs OBISp0 Au ust 16 1988
COUNCIL. AGENDA REPORT ITE�(JM
FROM: James M. Gardiner "� Prepared by: Daniel R. Blannk/e
Chief of Police Adminigtrativp Sergeant
SUBJECT:
Indemnity and Hold Harmless Agreement in favor of the City of San Mateo,
arising out of Motorcycle Training Course.
CAO RECOMMENDATION:
Adopt resolution approving Indemnity and Hold Harmless Agreement in favor of
the City of -San Mateo.
BACKGROUND:
SUMMARY DISCUSSION:
The Traffic Safety Unit consists of three motorcycle officers, two parking enforcement
officers, a number of school crossing guards, and the unit supervisor. The decision
has been made to maximize existing resources by giving the traffic supervisor
additional motorcycle enforcement training. This will enhance our enforcement,
safety, and response capabilities. This training has been arranged through the San
Mateo Police Department, which requires the attached Hold Harmless Agreement, approved
by Council . The City of San Mateo offers a P.O.S.T. authorized/funded Motorcycle
Training Course that meets our standards and is the only available course for the
next 8-12 months.
SIGNIFICANT IMPACTS:
There are no significant financial implications for the City. All costs related to
the course, with the exception of approximately $65.00, would be reimbursed by the
California Commission on Peace Officers' Standards and Training (P.O.S.T. ) .
CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION:
If the resolution approving the Hold Harmless Agreement is not adopted, and the
Agreement executed and returned to the City of San Mateo by August 29, 1988, our
City would forfeit the opportunity to participate in this Motorcycle Training Course.
RESOLUTION NO. ( 1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO AUTHORIZING EXECUTION OF INDEMNITY
AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN
FAVOR OF THE CITY OF SAN MATEO
BE IT RESOLVED by the Council of the City of San Luis Obispo that the
City of San Luis Obispo does hereby authorize James M. Gardiner, its Chief
of Police, to execute in favor of and deliver to the City of San Mateo the
"Indemnity and Hold Harmless Agreement, and Release, In Favor of the City of
San Mateo" , a copy of which is attached hereto as Exhibit A and made a part
hereof.
On motion of seconded by
on the following roll call vote:
Ayes-
Noes-
Absent:
yes:Noes:Absent:
the foregoing Resolution was passed and adopted this day of August.
1988.
Mayor Ron Dunin
Attest:
City Clerk, Pam Voges
Approved:
City A ninistrative 0 icer
City Attor y C�7�
INDEMNITY, HOLD HARMLESS AND RELEASE
BY CITY OF SAN LUIS OBISPO
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 San Luis Obispo (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:
CITY OF SAN LUIS OBISPO
By:
James M. Gardiner
Chief of Police
C-7-3