Resolution No. 2010-0841
RESOLUTION NO. 2010-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING A FORM OF AGREEMENT FOR DEFENSE
AND INDEMNIFICATION OF EMPLOYEES
WHEREAS, California law generally requires that cities defend
and indemnify employees who are sued due to actions taken in the course
and scope of their employment; and
WHEREAS, by memo dated June 16, 2010, the City Attorney has
recommended approval of a form of agreement that can be used by an
employee to request defense and indemnification and which will serve
as a mechanism for the City to agree to provide defense and
indemnification.
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 hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the form of Agreement for Defense and Indemnification of
Employees (the "Agreement"), a copy which is attached hereto as
Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Attorney to execute the agreement as appropriate
when employees are sued due to actions,taken during the course and
scope of their employment.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
actions herein approved or authorized.
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 215t day of June, 2010.
ATTEST:'
WillArd G. Yh%gVchi/, pity Clerk
� N
Name:
Hilario Gonzales
Title: Mayor /c-M-a-yoT -Pr-e-I-e
2
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon; do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-84, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, June 21, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this YY day of June, 2010, at Vernon, California.
W llard G. g c i, City Clerk
(SEAL)
- 3 -
EXHIBIT A
REQUEST AND AGREEMENT FOR DEFENSE AND INDEMNIFICATION
CITY OF VERNON
[INSERT DATE]
TO:
FROM: City Attorney
SUBJECT: Request for Defense and Indemnification in [Insert Case Title and No.]
The purpose of this document is to allow you to request that the City of Vernon indemnify you
and provide a defense for you with respect to the above -referenced lawsuit. Please execute the
document below to make your request.
The City will defend and pay any costs and judgment assessed against you provided that you
agree that the City can reserve its rights to recover from you the cost of the defense and the
payment of any claim or judgment or any portion thereof if it is determined during the case that:
1. You did not act within the scope of your employment as an employee of the City; or
2. You acted or failed to act because of actual fraud, corruption, actual malice, or in
any other manner so as to subject you to the assessment of punitive damages; or
3. You willingly failed or refused to cooperate in good faith in the defense conducted by
the City on your behalf; or
4. Your defense by the City would create a specific conflict of interest between the City
and you.
I REQUEST AND AGREE THAT THE CITY MAY INDEMNIFY ME AND PROVIDE FOR
MY DEFENSE OF THE SUBJECT ACTION ON MY BEHALF, SUBJECT TO THE
RESERVATIONS SET FORTH ABOVE. I AGREE TO COOPERATE FULLY WITH THE
CITY IN MY DEFENSE AND TO KEEP THE ATTORNEYS REPRESENTING THE CITY
ON MY BEHALF ADVISED AT ALL TIMES OF MY MAILING ADDRESS. AND
TELEPHONE NUMBER.
Dated:
[Insert Name of Employee]
THE CITY WILL PROVIDE FOR YOUR DEFENSE AND INDEMNIFICATION SUBJECT
TO THE RESERVATIONS SET FORTH ABOVE.
Dated:
LAURENCE S. WIENER, City Attorney
-CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 22, 2010
TO: Donal O'Callaghan, City Administrator/Director of Light & Power
Laurence Wiener, City Attorney
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2010-84 A Resolution of the City Council of the City of Vernon
Approving a Form of Agreement for Defense and Indemnification of Employees
Transmitted herewith is a copy of Resolution No. 2010-84 referenced .above, which was approved by
City Council on June 21, 2010.
Thank you.
WY:dj
Attachment
c: Resolution No. 2010-84
RECEIVE
JUN I i 2010
CITY CLERK'S OFFICE
STAFF REPORT
City Attorney Department
DATE: June 16, 2010
TO: The Honorable Mayor and Members of the Cit Council
FROM: Laurence S. Wiener, City Attorney
RE: Approval of Request for Defense and Indemnification Form
Background:
California law generally requires that cities defend and indemnify employees who are
sued due to actions taken in the course and scope of their employment. Of course,,
these are limited exceptions to this obligation in cases of actual fraud or failure by the
employee to cooperate in the defense.
Generally; if an employee is sued as a result of actions taken in course of his or her
employment, that employee will make a request to the City asking the City to defend the
employee and the City will agree to do so subject to the exceptions set forth in the State
law:
In order to standardize this process and ensure that both the employee and the City are
appropriately protected, the City Attorney's Office recommends that, the City Council
adopt a resolution approving a form of agreement that can be used by an employee to
request defense and indemnification and which will serve as a mechanism for the City
to agree to provide defense and indemnification:
Additionally, timely execution of this, form is often important for several reasons.. First, it
allows the City to immediately begin to provide a defense to the employee and take
whatever actions are necessary to protect the employee and the City in the course of
the litigation. Second, being personally named in a lawsuit is a very stressful event and
a quick assurance from the City that the City will fulfill its obligations under State law
often can help restore peace of mind to the employee who is the subject of the lawsuit.
Therefore, the attached resolution also provides that the City Attorney may execute this
form agreement on behalf of the City so that the agreement, and the defense of the
employee, is not delayed until it can be placed on a City Council agenda and approved
by the City Council.
WED
JUN 1 i 2010
BY: ��
REQUEST AND AGREEMENT FOR DEFENSE AND INDEMNIFICATION
CITY OF VERNON
[INSERT DATE]
TO:
FROM: City Attorney
SUBJECT: Request for Defense and Indemnification in [Insert Case Title and No.]
The purpose of this document is to allow you to request that the City of Vernon indemnify you
and provide a defense for you with respect to the above -referenced lawsuit. Please execute the
document below to make your request.
The City will defend and pay any costs and judgment assessed against you provided that you
agree that the City can reserve its rights to recover from you the cost of the defenseand the
payment of any claim or judgment or any portion thereof if it is determined during the case that:
1: You did not act within the scope, of your employment as an employee of the City; or
2. You acted or failed to act because of actual fraud, corruption, actual malice, or in
any other manner so as to subject you to the assessment of punitive damages; or
3. You willingly failed or refused to cooperate in good faith in the defense conducted by
the City on your behalf; or
4. Your defense by the City would create a specific conflict of interest between the City
and you.
I REQUEST AND AGREE THAT THE CITY MAY INDEMNIFY ME AND PROVIDE FOR
MY DEFENSE OF THE SUBJECT ACTION 'ON MY BEHALF, SUBJECT TO THE
RESERVATIONS SET FORTH ABOVE. I AGREE TO COOPERATE FULLY WITH THE
CITY IN MY DEFENSE AND TO KEEP THE ATTORNEYS REPRESENTING THE CITY
ON MY BEHALF ADVISED AT ALL TIMES- OF, MY MAILING ADDRESS AND
TELEPHONE NUMBER. -
Dated:
[Insert Name of Employee]
THE CITY WILL PROVIDE FOR YOUR DEFENSE AND INDEMNIFICATION SUBJECT
TO THE RESERVATIONS SET FORTH ABOVE.
Dated:
LAURENCE S. WIENER, City Attorney