Resolution No. 09896RESOLUTION NO. 9896
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4 VERNON APPROVING AND RATIFYING THE EXECUTION OF A
DEMO RIDE ACKNOWLEDGEMENT, RELEASE, WAIVER,
5 ASSUMPTION OF RISK, INDEMNITY, AND ARBITRATION
AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND.
6 LONG BEACH BMW MOTORCYCLES
8 WHEREAS, on March 9, 2009, the City Council of the City of
9 Vernon adopted Resolution No. 9880 accepting the bid of Long Beach BMW
10 Motorcycles for the purchase of two (2) 2009 BMW black and white
11 police patrol motorcycles for the Police Department, approving a
12 Vehicle Purchase Contract for said motorcycles and authorizing the
13 issuance of a Purchase Order; and
1.4 WHEREAS, the Police Department desired to participate in a
15 demonstration ride of one or more motorcycles or related motor
16 vehicles furnished by or through Long Beach BMW Motorcycles; and
17 WHEREAS, in order to participate in the demonstration ride,
18 Long Beach BMW Motorcycles.required the Chief of Police to sign a Demo
19 Ride Acknowledgement, Release, Waiver, Assumption of Risk, Indemnity,
20 and Arbitration Agreement (the "Agreement"), subject to ratification
21 by the City Council of the City of Vernon; and
22 WHEREAS, the City Council of the City of Vernon desires to
213 approve and ratify the actions taken by the Chief of Police in
24 executing the Agreement dated on or about March 11, 2009.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
26 CITY OF VERNON AS FOLLOWS:
27 SECTION 1: The City Council of the City of Vernon hereby
28 finds and determines that the recitals contained hereinabove are true
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and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and ratifies the Chief of Police's ex ecution of the Demo Ride
Acknowledgement, Release, Waiver, Assumption of Risk, Indemnity, and
Arbitration Agreement dated on or about March 11, 2009, a copy of
which are attached hereto as Exhibit A and incorporated by reference.
SECTION 3: 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 23rd day of March, 2009.
Name: Leonis C. malburg
Title: Mayor
ATTEST:
MAIAUELA GIRON,"�---i Yy , Clerk
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STATE OF CALIFORNIA
) ss
COUNTY OF LOS ANGELES
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9896, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, March 23, 2009, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUEL9 '01-R-0�, 'City�71erk
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EXHIBIT A
MRR-12-2009 04:09P FROM:LONG BEACH BMW MOTOR 562-426-1157 TO:13238261481 P.1/1
DEMO RIDE ACKNOWLEDGMENT, RELEASE, WAIVER,
ASSUMPTION OF RISK, INDEMNITY, and ARBITRATION AGREEMENT
Dealership Name & Address:
Long Beach BMW motorcycles ?—li A-T—SP
2125 E. Spring Street Motorcycle Tested
Long Beach, CA 90806 StockNumber 46F�- =-4-f=AE-9,57/9';L-
Demo Rider Name, tw".,751, C;V4 E:t�,Zv�
Address: 1/30'r 1-4 Z,94967
Phone, 4(3;!F) 5-07-SI-71 -/,,V
CA Driver License No: Class,
"V "me" and similar terms refer to the above prospective cUstomers-Riders I , and each of them, jointly and severally, Being
familiar with the operation and riding characteristics of motorcyqIes and related motor vehiclas ("Units.) and (If driving) being fully
licensed and qualified to operate them, I voluntarily and of my own initiative seek to participate in a demonstration ride of onoor
more Units furnished by or thro , Ugh Dealership, I acknowledge this activity can Involve numerous risks of serious Injury or death
to a r1dor and others, I freely assume oil of those risks and voluntarily the full risk and consequences for any injury to myself
regardle. as of who Is driving or who is the passenger of the Unit, and while reserving all my rights under my own Insurance policies,
slecept the full responsibility for any Injury or damage sustained by any person or property if I am driving the Unit.
In consideration of the dealership's consent to the demonstration ride (which would not otherwise be. given), I release the
dealership from any and all legal liability and ogres riot to su* the dealership for any Claim for personal Injury property
damage, or otherwise, arising out of, related to, or taking place duf Ing the demonstration ride, regardless at whether the
claim arlsev out of theories of tort. strict liability, contract, nondisclosure, statutory violation, or otherwise, whether or not
the Dealership Wits negligent. This release extends to the dealership and all of [is employees, officers, directors, agents. affiliate
entities, and assigns, and the Manufacturer or Distributor, all of these parties being hereby forever released and discharged from
any end all actions, causes of aiption, claims, demands, damages, fees, costs expenses, known or unknown, arising out of or In any
way related to demonstration ride, This release also extends to claims based on the doolarshIp's failure to Instruct me In the
proper use at the Unit, or to worn me of risks associated with the unit or the road or other course, whether known or
unknown. This release also extends to claims In any way related to the demonstration ride or operation of the Unit that I do not
Rnow or suspect I have; therefore, I waive my rights under California Civil Code Section 1542 which toads "A general release does
not extend to claims which the creditor does not know or suspect to exist In his favor at the Ume of executing the release, which, 11
known by him, must have materially affected his settlement with the� debtor,'
I will also Indemnify, defend and hold harmless all persons and entities released herein from and against any and all claims of any
nature, Including consequential damages, attorney fees, costs or other liabilities resulting from my operation of the Unit, If driving, I
will be solely responsible for and warrant and represent that I currently maintain and have the minimum liability Insurance
coverage's required by law, If I breach this a
, greement, or bring any.sult or claim barred by its terms, I will pay oil attorneys fees,
costs, and expenses incurred by anyona released herein. Any suit or proceeding to assert claims related to the demonstration Hdo or
operation of the Unit or to Iritorprel or construe this release shall be brought before and finally determined by an arbitrator based
solely upon applicable law but hold procedurally pursuant to the arbitrator than I would have occurred In the generally available court
or governmental forum, I recognize that this agreement binds me and my heirs, successors, assigns. agents, and personal
representatives,
I also agree that I will pay the Dealership Its retail repair or replacement rates for damage, destruction, or lose of the Unit while I
am driving or In possession of the Unit, Including but not limited to charges riot Immediately paid by my Inaurance due to deductible$
or otherwise,
I carlify that, before signing this document, I road and undoretbad Its terms. I have rolled exclusively on Information from
sources, other then the dealership In deciding to participate In the domonstrotlon ride end sign this rel"wo, Statements by
dealership personnel, It any, are not being failed on by rno, and are supprooded by the term of this agreement, whether they
telate to th6demonotrallon ride, life Unit, the road or coutwo to be followed, the meaning or Intent of this agreement, or
otherwise. Only a written document signed by an authorized dealership off Ivor will be off active to modify or supplement
this agreement.
This agreementisdatedon and as of V-k&y�,
Hider I
$Ignature of witness to signing by
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: April 8, 2009
TO: Steve Towles, Chief of Police
FROM: Nelly Giron, City Clerk
RE: Resolution No. 9896 - A Resolution of the City Council of
the City of Vernon Approving and Ratifying the Execution of
a Demo Ride Acknowledgement, Release, Waiver, Assumption of
Risk, Indemnity, and Arbitration Agreement By and Between
the City of Vernon and Long Beach BMW Motorcycles
Transmitted herewith is a copy of Resolution No. 9896 referenced above
and the agreement . attached as '�Exhibit All, which were approved by City
Council on March 23, 2009.
Thank you.
NG: dj
C Purchasing Department
Resolution File No. 9896
.Agreement No. 09-045