1981-156-Authorizing Execution Of Indemnity And Hold Harmless Agreement, And Release, In Favor Of City Of San MateoRESOLUTION NO. 1981 -156
AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS
AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF SAN MATEO
RESOLVED, that the Town Council of the Town of Los Gatos does
hereby authorize David R. Mora, its Town Manager, to execute in favor
of and deliver to City of San Mateo the "Indemnity and Hold Harmless
Agreement, and Release, In Favor of City of San Mateo ", a copy of which
is hereto attached.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos this 6th day of July
by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, MarLyn
J. Rasmussen. Brent N. Ventura and Peter IV. Siemens
NOTES: COUNCIL 14EMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED: �t —
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATOS-
LI
INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE,
BY TOWN OF LOS GATOS IN FAVOR OF CITY OF SAN MATEO
In consideration of the conducting by City of San Mateo ( "City ") of
an 82 -hour motorcycle training course for peace officers from
Au &ust 3, 1981_ _to _ August 14, 1981 _ _ at
the east parking lot of San Mateo County Fair Association, and allowing
employees of Town of Los Gatos _ _ (hereinafter
"Contracting Agency") to take part in said course, Contracting Agency
agrees to indemnify and defend City and its officers and employees
against, and to hold them harmless from, any and all claims, loss,
liability and damages in any way arising from City's conducting of said
course and participation therein by Contracting Agency's employees,
whether based on negligent fault or other fault or on absence of fault,
and including any claim, loss, or damage of Contracting Agency or of its
employees.
Contracting Agency agrees that its employees shall be deemed to be
on duty with Contracting Agency while participating in said course.
Contracting Agency further agrees to indemnify and reimburse City
for damage in any way caused City, and for damage in any way caused San
Mateo County Fair Association, San Mateo County, or California Jockey
Club (dba Bay Meadows Race Track), by employees of Contracting Agency
while participating in said course.
Contracting Agency hereby releases City and its officers and employees
from any and all liability to Contracting Agency in any way arising from
City's conducting of said course, whether based on negligent fault or
other fault or on absence of fault, and hereby waives any and all
rights and benefits Contracting Agency might have under sec. 1542 of the
California Civil Code.
r ,
DATED: .. ,;_v- - 1981.
_ T014N OF LOS GATOS
(Contracting Agency)
By
-
TOWN MANAGER.
(Attachment 411)