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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 E0 39dd C 3d_- as :8ZSG86695 8: =SL 866L/9E/d0 l60-nor 10E-� E0 d t6ZSr9E606 0Z >l 86-0E-add rAPR-X8--1998 19:55 EL. TORO ►OFF Usms) -Type(check one) (1) Individual (2) Companyicarporauon �..-----�� X (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 Pagc Z of 2 TOTAL P.03 b0 39vd id3a 3dI3 Ail0 SS T8LSG8E606 eT :9T 6661/0E/00 !&0-aQP t0f-a 40'd iR ME606 OZ:VI 86-H-ddV