Resolution No. 73051
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RESOLUTION NO. 7305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING A STANDARD
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR
USE OF PRIVATE PROPERTY BY THE-VERNON FIRE
DEPARTMENT FOR TRAINING ACTIVITIES
WHEREAS, the City of Vernon Fire Department ("Fire
Department") conducts training activities in order to train its
personnel to meet a variety of emergency conditions; and
WHEREAS, in order to confront more realistic and varied
situations, it is beneficial to the Fire Department to conduct
such training exercises at various property locations; and
WHEREAS, from time to time, private property owners in
the City are willing to allow the Fire Department to utilize their
property for such training activities, but, generally request that
the Fire Department provide them with an indemnification and hold
harmless agreement; and
WHEREAS, the Fire Department may require the use of
different private property sites from time to time and, therefore,
have requested that the City Council approve a form
indemnification and hold harmless agreement which can be utilized
for such training activities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove
are true and correct.
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SECTION 2: The form Standard Indemnification and Hold
Harmless Agreement for Use of Private Property by the Vernon Fire
Department for Training Activities, which is attached hereto, is
approved for use by the Fire Department in connection with the use
of private property by the Fire Department for training
activities.
SECTION 3: The City Council of the City of Vernon hereby
orders said form Agreement to be received and filed by the City
Clerk.
SECTION 4: The City Administrator of the City of Vernon
is hereby authorized to execute individual copies of the Agreement
on an as needed basis.
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 13th day of April, 1999.
LEONIS C. LBURG, Mayor
ATTEST:
BR CE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 7305, was duly adopted by the City Council of the
City of Vernon at an adjourned regular meeting of the City Council
duly held on Tuesday, April 13, 1999, and thereafter was duly
signed by the Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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STANDARD INDEMNIFICATION AND HOLD
HARMLESS AGREEMENT FOR USE OF
PRIVATE PROPERTY BY THE
VERNON FIRE DEPARTMENT
FOR TRAINING ACTIVITIES
WHEREAS, the City of Vernon Fire Department (the "Fire
Department") conducts training activities in order to train its
personnel to meet a variety of emergency conditions; and
WHEREAS, the Fire Department has determined that the
property located at , would provide a
good location for the Fire Department's training activities; and
WHEREAS, the [Property Owner] [Tenant]
(hereinafter, "[Property Owner] [Tenant]"), has agreed to allow
the Fire Department to use the property for such training
activities.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
1. [Property Owner] [Tenant] agrees to allow the Fire
Department to use the Property located at
(hereinafter the "Property")
for training activities which will occur during
�.
2. The City of Vernon (the "City") hereby agrees to
defend, indemnify, and hold harmless the (Property Owner]
[Tenant], the [Property Owner's] [Tenant's] employees, officers,
directors, and shareholders from costs or expense, including
reasonable attorney's fees arising out of any act or omission of
the City or its representatives while on the Property pursuant to
the right of entry granted herein. Except as set forth below, the
1 City expressly waives all claims and demands against [Property
2 Owner] [Tenant] for any loss, damage, injury, accident, fire or
3 other casualty, liability, claim, cost or expense of City as a
4 result of the training activities. This waiver does not apply to
5 any claim or demand against [Property Owner] [Tenant] which arises
6 from a dangerous condition on the Property which was known to
7 [Property Owner] [Tenant] but not revealed to the Fire Department
8 prior to the commencement of the training activities which are the
9 subject of this Agreement.
10 3. [Property Owner] [Tenant] expressly waives all claims
11 and demands against the City for any loss, damage, injury,
12 accident, fire or other casualty, liability, claim, cost, or
13 expense of or to [Property Owner] [Tenant] including, but not
14 limited to, claims for property damage to the building in which
15 the training exercises are conducted.
16 4. [Property Owner] [Tenant] acknowledges that this hold
17 harmless Agreement will not relieve [Property Owner] [Tenant] from
18 any liability for any activities undertaken by [Property Owner]
19 [Tenant], his employees, officers, directors, shareholders, or
20 agents, or for conditions of the Property which cause injury or
21 damages to others.
22 5. This Agreement will terminate upon completion of the
23 training activities as indicated in paragraph 1.
24 6. This Agreement is the entire agreement of the
25 parties. The [Property Owner] [Tenant] represents that in
26 entering into this Agreement, it has not relied on any previous
27 representations or understandings of any kind or nature.
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1 7. This Agreement may be executed in one or more
2 counterparts, each of which shall be deemed an original, but all
3 of which together shall constitute one and the same instrument.
4 IN WITNESS WHEREOF, the City and Owner have executed this
5 Agreement as of the date first here and above set forth.
6 Date:
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THE CITY OF VERNON
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9 By
BRUCE V. MALKENHORST
10 City Administrator
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12 Date:
13 [Name of Property Owner]
[Name of Tenant]
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16 By:
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SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
City Council
City of Vernon
Honorable Members:
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
April 7, 1999
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
The Fire Department currently conducts on going training exercises
which have been done on City property. In order for the department to
provide broader training exercises, the need and availability of
private property has become necessary. This matter has been reviewed
by the City Attorney. In order for the City to continue in this
manner, it is hereby recommended that a Standard Indemnification and
Hold Harmless Agreement for use of Private Property be approved.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM:rcm
r-
VERNON FIRE DEPARTMENT
MEMO
To: Bruce V. Malkenhorst, City Administrator
From: L. D. Telford, Fire Chief✓f
Date: April 7, 1999
Subject: Standard Indemnification and Hold Harmless Agreement for use of private property
by the Vernon Fire Department for training activities.
Respectfully request that Standard Indemnification and Hold Harmless Agreement for use of private
property by the Vernon Fire Department for training activities be approved at the City Council
meeting of April 13, 1999.
LDT/lam
OFFICE OF THE CITY ADMINISTRATOR/
CITY CLERK
INTER -OFFICE MEMORANDUM
DATE:
April 27, 1999
TO:
Dave Telford,
Fire Chief
FROM:
Gloria J. Orosco,
Chief Deputy
City Clerk
RE:
Hold Harmless
Agreement for Use
of Private Property
by the Vernon
Fire Department
for Training Activities
Transmitted herewith, for your files, is
a copy of Resolution No.
7305
which was approved
by City Council
on April 13, 1999.