Resolution No. 73211
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RESOLUTION NO. 7321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING A FORM RELEASE
AND INDEMNITY AGREEMENT TO BE REQUIRED BY THE
VERNON FIRE DEPARTMENT WHEN ALLOWING OTHER
AGENCIES OR NON -CITY OF VERNON PERSONNEL TO
PARTICIPATE IN VERNON FIRE DEPARTMENT TRAINING
ACTIVITIES
WHEREAS, the City of Vernon Fire Department ("Fire
Department") conducts training activities in order to train Fire
Department personnel to meet a variety of emergency conditions;
and
WHEREAS, pursuant to Resolution No. 7305, the City
Council of the City of Vernon approved and authorized a Standard
Hold Harmless Agreement for use of private property by the Vernon
Fire Department for training activities; and
WHEREAS, the Fire Department has advised that from time
to time, other agencies and/or non -City of Vernon Fire Department
personnel may request the opportunity to participate in the Fire
Department's training activities; and
WHEREAS, allowing other non -City of Vernon Fire
Department personnel to participate in such training activities
may increase the effectiveness of such training; and
WHEREAS, in order to protect the City from potential
liability, the Fire Department has requested the approval of a
form Release to be executed by all non -City of Vernon personnel
who desire to participate in such training activities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove
are true and correct.
SECTION 2: The form Release and Indemnity Agreement,
which will be required by the Vernon Fire Department when allowing
other agencies or non -City of Vernon personnel to participate in
Vernon Fire Department training activities, which is attached
hereto, is approved for use by the Fire Department.
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 4: 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 4th day of May, 1999.
EZONIS C. MALOURG, M yor
ATTES t J
BRUCE 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. 7321, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, May 4, 1999, and thereafter was duly signed by the
Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
( SEAL)
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RELEASE AND INDEMNITY AGREEMENT
2
3 WHEREAS, the City of Vernon Fire Department is conducting
4 training exercises to be conducted at the property located at
5 , in Vernon,
6 California ("Training Exercises"); and
7 WHEREAS, (the "Participating
8 Agency") desires to have its employees participate in the City of
9 Vernon's Training Exercises; and
10 WHEREAS, individual employees of Participating Agency
11 desire to participate in the City of Vernon's Training Exercises.
12 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
13 SET FORTH HEREIN:
14 1. The City of Vernon agrees to allow Participating
15 Agency and its employees who execute Attachment "A" of this
16 Agreement ("Participating Employees") to take part in the City of
17 Vernon's Training Exercises.
18 2. The Participating Employees who execute Attachment
19 "A" to this Agreement, hereby voluntarily assume any and all
20 risks, either known or unknown, which may be involved in the
21 Training Activities.
22 3. Participating Agency and Participating Employees
23 hereby agree to waive and release the City of Vernon, its
24 officers, agents and employees from and against any and all
25 claims, costs, liabilities, expenses, or judgments, including
26 attorneys' fees and court costs arising from their participation
27 in the Training Exercises or any illness/injury resulting
28 therefrom.
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4. Participating Agency further agrees to indemnify and
hold harmless the City of Vernon from and against any and all such
claims, whether caused by negligence or otherwise, including, but
not limited to workers compensation claims, except for claims
arising directly from gross negligence, willful misconduct on the
part of the City of Vernon or its employees.
5. The City of Vernon will not consent to the
participation of Participating Employees in the Training Exercises
unless said individuals execute a copy of Attachment "A."
IN WITNESS WHEREOF, Participating Agency has caused this
Agreement to be executed by and through its authorized officer as
of the date written below.
Date:
By:
Authorized Officer's Signature
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ATTACHMENT "A"
TO RELEASE AND INDEMNITY AGREEMENT
I, , hereby request that
the City of Vernon allow me to participate in training exercises
to be conducted at the property located at
, in Vernon, California ("Training
Exercises"). In participating in said Training Exercises, I am
voluntarily assuming any risk of injury/illness which might
result from my participation. I further agree to waive and
release the City of Vernon, its officers, agents and employees
from and against any and all claims, costs, liabilities,
expenses, or judgments, including attorneys' fees and court costs
arising from my participation in the Training Exercises.
Dated:
By:
SUPPORTING
DOCUMENTS
OFFICE OF THE CITY ADMINISTRATOR/
CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: May 13, 1999
TO: Dave Telford, Fire Chief
FROM: Gloria J. Orosco, Chief Deputy City Clerk
RE: Release and Indemnity Agreement
Transmitted herewith is a copy of Resolution No. 7321 which was
approved by City Council on May 4, 1999 approving and authorizing
a form Release and Indemnity Agreement to be required by the
Vernon fire Department when allowing other agencies or non -City
of Vernon personnel to participate in Vernon Fie Department
Raining Activities.
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
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 29, 1999
City Council
City of Vernon
Honorable Members:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
P lice Chief
FAX: '323) 583-5236
The City Council previously approved the City providing in-house
training for our firefighters through the Rancho Santiago
Community District which also allows us to train staff from other
agencies. Due to our providing this training for non City staff,
it is hereby recommended that the City Attorney's office review
and approve a "Release and Indemnity Agreement." This agreement
will be required by all persons who receive training through the
Vernon Fire Department.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM:rcm
LI DI ' I' 1 '
To: Bruce V. Malkenhorst, City Administrator
From: L. D. Telford, Fire Chie f
Date: April 29, 1999
Subject: Hold Harmless Agreement
The City Attorney `s office is drawing us a Hold Harmless Agreement to be signed by firefighters
from other cities when training in Vernon.
Respectfully request that Hold Harmless Agreement for firefighters from other cities be approved at
the City Council meeting of May 4, 1999.
LDT/lam