Resolution No. 09950 1 RESOLUTION N0. 9950
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3 A RESOLUTION- OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING A STANDARD
4 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR USE
OF PRIVATE PROPERTY.BY BOTH THE VERNON FIRE AND
5' .POLICE DEPARTMENTS FOR TRAINING AND RELATED
ACTIVITIES
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~ WHEREAS, the City of Vernon Fire and Police Departments (the
g Fire and Police Departments) conduct training activities in order to
g train its personnel to meet a variety of situations and emergency
10 conditions; and
11 WHEREAS, in order to confront more realistic and varied
12 situations, it is beneficial to the Fire and Police Departments to
13 conduct such training exercises at various property locations; and
14 WHEREAS, from time to time, private property owners 'in the
15 City are willing to allow Fire. Department and/or the Police Department
16 to utilize their property for such training activities, but,_generally
17 request that the Fire Department and/or the Police Department provide
1g them with an indemnification and Yiold harmless agreement; and
19 WHEREAS, the Fire Department and/or Police Department may
20 require the use of different private property sites from time to time
21 and, therefore, have requested that the-City Council. approve a form
22 indemnification and hold harmless agreement which can be utilized for
23 such training activities.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
25 CITY OF VERNON AS .FOLLOWS:.
26 SECTION 1:~ The City Council of the City of Vernon hereby
27 finds and determines that the recitals contained hereinabove are true
28, and .correct.
1 SECTION 2: The form Standard Indemnification and Hold
2 Harmless Agreement for Use of Private Property by the Vernori Fire and
3 Police Departments for .Training Activities, a copy of which is
4 attached hereto as Exhibit A and incorporated by reference, is
5 approved for use by the Fire Department and/or the Police Department
6 in connection with the use of private property for training activities
-7 by the Fire Department and/or Police Department. It is the intent of
8 the City Council that the form Agreement shall be a binding contract
9 between the City and the property owner and/or tenant upon acceptance
`10 by the City Administrator, or his designee.
11 SECTION 3: The City Council of the City of Vernon hereby
12. authorizes and empowers- the City Administrator,. or his designee, to
13 execute individual copies of the form Agreement on an as-needed basis
14 and to make whatever nonsubstantive and administ-rative changes, upon
15 advice of counsel, to the form Agreement as are necessary to carry out
16 the intent of this Resolution and the purposes specified in the
17 Agreement on behalf of the City of Vernon and to perform such other
18 actions deemed necessary or advisable.. Such additions, deletions and
19 other changes therein as the .City Administrator, or his designee,
20 executing .the Agreement may approve, are conclusively evidenced by the
21 execution and delivery of the Agreement.
22 SECTION 4: All .resolutions or parts of resolutions,
23 specifically Resolution No. 7305, not consistent with or in conflict
24 with this Resolution are hereby repealed.
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1 SECTION 5: The City Clerk of the. City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 11th day of May, -2009.
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6 ~ti~~
7 Hilario Gonzales
Name:
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Title: Mayor g~r~'~'.~*~
g ATTEST:
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ANUELA GIR C ty Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 9950, was
6 duly adopted by the City Council of the City of Vernon at a regular.
7 meeting of the City Council duly held on Monday, May 11,.2009, and
8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
9 Vernon.
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MANUELA GIRO ity Clerk.
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13 (SEAL)
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EXHIBIT A
STANDARD INDEMNIFICATION AND HOLD HARMLESS
AGREEMENT FOR USE OF PRIVATE PROPERTY
BY THE VERNON FIRE AND POLICE DEPARTMENTS
FOR TRAINING ACTIVITIES
WHEREAS, the City of Vernon Fire and Police Departments (the
"Fire and Police Departments") conduct training activities in order to
train its personnel to meet. a variety of situations and emergency
conditions; and
WHEREAS, the [Fire] [Police] Department(s) [has] [have]
determined that the property .located at
would provide a good location
for the training activities. of the [Fire] [Police] Department(s); and
WHEREAS, the [Property Owner] [Tenant] (hereinafter, "[Property Owner]
[Tenant]"), has agreed to allow the [Fire] [Police] Department(s) 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] [Police]
Department(s) to use the Property located at
(hereinafter the "Property") for training activities which
wily occur during and
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 City
expressly waives all claims and demands against [Property Owner] [Tenant]- for
any loss, damage, injury, accident, fire or other casualty, liability, claim,
cost or expense of City as a result of the training activities.-This waiver
does not apply,to any claim or demand against [Property Owner] [Tenant] which
arises from a dangerous .condition on the Property which was known to [Property
Owner] [Tenant] but not revealed to the [Fire] [Police] Department(s) prior to
the commencement of the training activities which are. the subject of this
Agreement.
3. [Property Owner] [Tenant] expressly waives all claims and demands
against the City for any loss, damage, injury, accident, fire or other
-casualty, liability; claim, cost, or expense 'of or to [Property Owner]
[Tenant] including, but not limited to, claims for property damage to the
building in which the training exercises are conducted.
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4. [Property Owner] [Tenant] acknowledges that this hold harmless
agreement will not relieve [Property Owner] [Tenant] from any liability for
any activities undertaken by .[Property Owner] [Tenant], [his] [its] {their].
employees, officers, directors, shareholders, or agents, or for conditions of
the Property which cause injury or damages to others.
5. This Agreement will terminate upon completion of the training ~
activities as indicated in paragraph 1.
6. This Agreement is the entire agreement of the parties. The
[Property Owner] [Tenant] represents that in entering into-this Agreement, it
has not relied on any previous representations or understandings of any kind
or nature.
7. This Agreement may be executed in one or more counterparts,-each of
which shall be deemed an original, but all of which together shall constitute
one and"the same instrument.
IN WITNESS WHEREOF, the City and [Property Owner] [Tenant] have executed
this Agreement as of the date first here and above set forth.
Date:
THE CITY OF VERNON
By:
Name:
Title: City Administrator
Date:
[Name. of Property Owner] [Name of
Tenant]
By:
Name:
Title:
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CITY CLERK'S OFFICE "
INTEROFFICE MEMORANDUM
DATE: May 12, 2009
TO: Steve Towles, Chief-of Police
Mark Whitworth, Fire Chief
" FR Nelly Giron, City Clerk
RE: ..Resolution No. 9950 - 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 Both the Vernon Fire
..and Police Departments-for Training and Related "
Activities
Transmitted herewith is a copy of Resolution No,. 9950 referenced
above, which was approved by City Council on May 11, 2009.
Thank you.
NG:dj
c: Resolution No. 9950
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" APPROVED MAY ~ ~ 'O4 Cl~Y COUNCIL
~ . C!~' i C ~FtK DISl~i~UTION
t~,_
~ ~"x'cY itN"~ ~ ~ C~,C
STAFF REPI?RT -
,Fire department
DATE: May, 7, 2009 ~ . " ~ ~ f~r
TO: Mayor and City Council
MAY 0 7 `2009
FROM; ~ Assis#ant Chief Michael A. Wilson ,
. ~ CI1Y CLERK S OFFICE ~ .
RE: Standard Indemnification and hold Harmless Agreement for use of
.Private Properly
The Fire and Police Departments have a need to ~cgnduct training activities at a variety
of properties to simulate actual emergency conditions. In the past the Fire Department
has conducted drills and exercises to simulate fires, structural collapse, and search and
rescue scenarios to enhance training and improve efficiency for actual events. The
Police Deparkment recently has acquired the use of canine and motorcycle units and
has a need to simulate and train at a variety of different .properties. Th® Police
Department has utilized the back of Fire Station #1, to the fullest extent, and is looking
for scenarios to enhance ar~d improve their capabilities. The Fire Department has a
standard indemnification and hold harmless agreement for the use of private properties
in resolution form and ,is, looking to add the Police Department to merge the document
so that bath departments may benefit from one form. This activity came abort by
finding the property at 4135 Bandini as a prime loca#ion for both departments to utilize in
training. Both Fire and Police recognize the potential training simulation in this property
. and many more properties as they become available. There will be no fiscal impact to
the budget. Both Fire and Police Department's recommend for approval the Standard
Indemnification and Hoki Harmless Agreement for the use of Private. Property for
Training Activities.
f
Michael A. Wilson
Assistant Chief
Vernon Fire Department
- - - - _.(323) 583-4821 Ext. 512 -