HomeMy WebLinkAbout13- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: HUSTON T. CARLYLE, JR. Subject: COMMON COUNCIL APPROVE AND
Senior Assistant City Attorney RATIFY THE ACTION OF THE MAYOR
IN ENTERING INTO A HOLD HARMLESS
Dept: CITY ATTORNEY AND INDEMNITY AGREEMENT WITH
THE FEDERAL GOVERNMENT FOR THE
Date: May 11, 1998 PURPOSE OF ANNUAL AIRCRAFT
ORIGINAL RESCUE AND FIRE FIGHTING TRAINING.
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt Motion.
41 /i`yT.
Sig „ u
Contact person: Huston T. Carlyle, Jr. Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
75-0262 Agenda Item No.
5-11 '1 q8
HTC:ea[Airerfi.real
City Attorney's Office
MOTION:
That the Common Council approve and ratify the action of the Mayor in entering into a
Hold Harmless and Indemnity Agreement with the Federal Government for the purpose of
annual Aircraft Rescue and Fire Fighting training.
HTC:eafAircrfit.mot]
HOLD HARMLESS AND INDLMNITY.kGREEMENT
The User named below, in consideration of permission granted by the Commandant of the
Marine Corps to use Marine Corps services,agrees:
a. tac User releases forever the Department of Def=m,the D spartmment of the Navy,the United
States Marine Corps,their components,and Department of De;cme personnel, from every
liability arising out of the use of military services by the User. The User will defend.pay or
settle every claim or suit against the Department of Defense,th a Department of the Navy,the
United States Marine Corps,their components,and Department of Defense personnel by agents
or employees of the User or persons claiming through there,or by tblyd parties,and will hold the
Department of Defense, the Department of the Navy,the Unit,:d States Marine Corps,their
components, and Department of Defense personnel, harmless against every such claim or suit,
including attorneys fees, costs,and expenses,arising out of the use of the military services by the
User.
EXCEPTION: Death, injury, loss or damage to persons or pro,per ry resulting solely from the
willful misconduct of military personnel;and in addition.and liability from another contract
concerning the use of the military services shall not be affects by this Agreement
b. The User will pay or settle every claim for death cr injury t.►United States personnel,or for
loss or damage to property of or under the control of the Units t Statm or United States
personnel,arising out of the use of military services,by the Us Pr, if the death, injury, loss,or
damage results solely from the negligence or Aiilful misconduct of the User or its agents.
c. For the purposes of this agreement,the term "United States personnel"shall include:
(1) Military personnel and civilian employees of the Deparun mt of Defense, including
non-appropaated fund employees, acting within the scope of their employment,and
(Z) heirs, successors, executory, ad:ninis:rators, and assignee:of such employees.
Page 1 of Z
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Usms)
-Type(check one)
(1) Individual
(2) Companyicarporauon �..-----��
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(3) Public entity
b. Individual or�egponsible Cocporate/Public Of
icar
d nacae: JUDITH VALLES
(1) Type
_ (23 Address,including
Want of corporate�n/public entity:
City of San Bernardino
300 North "D" StCalifornia 92418
S Ber rdino,
(3) SiPalure:
(4) Title(if corpora publ c officer):
Ma or, City of San Bernardino
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