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HomeMy WebLinkAbout1995-257 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 95-257 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE INDEMNITY AGREEMENTS WITH PERSONS OR FIRMS PROVIDING FREE USE OF PROPERTY OR EQUIPMENT TO THE POLICE DEPARTMENT. WHEREAS, civic minded persons and firms occasionally donate free use of property and equipment to the police department; and WHEREAS, it is necessary and proper that the Mayor be authorized to execute agreements on the City's behalf to indemnify such persons and firms; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. The Mayor is authorized to execute agreements on behalf of the city indemnifying persons and firms which donate free use of property and equipment to the police department. SECTION 2. The form of the indemnity language shall be substantially as follows: CITY shall indemnify, defend and hold [DONOR], its officers, employees and agents, free and harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CITY's use of the property or equipment subject to this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by [DONOR's] willful misconduct or sole negligence. / / / DAB/js [Property.Res] 1 July 10. 1995 '1- . r '.i ~-"j 1 RESOLUTION.. . AUTHORIZING THE MAYOR TO EXECUTE INDEMNITY AGREEMENTS WITH PERSONS OR FIRMS PROVIDING FREE USE OF PROPERTY OR 2 EQUIPMENT TO THE POLICE DEPARTMENT. 3 I HEREBY CERTIFY that the foregoing Resolution was duly 4 adopted by the Mayor and Common Council of the City of 5 San Bernardino at an adjourned regular meeting thereof, held on the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24th day of July 1995, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x .~~~ Cit Clerk The foregoing Resolution is hereby approved this cJ 7/1.' day of July , 1995. ~.~~ . / en1 IUf!A.- Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY'~Jk., / DAB/js [Property.Res] 2 July 10, 1995