1987-031-Sign Waiver Of Liability To Allow Police Department To Conduct Communications TestsRESOLUTION NO. 1987- 31
A RESOLUTION TO ADOPT AND AUTHORIZE TOWN MANAGER
TO SIGN WAIVER OF LIABILITY TO ALLOW POLICE DEPARTMENT
TO CONDUCT COMMUNICATIONS TESTS
WHEREAS, the Police Department needs and requires an additional radio
repeater site to cover the East Los Gatos area; and
WHEREAS, the IBM Corporation has a telecommunications site on Guadalupe Mines
Road that appears suitable for such radio repeater site; and
WHEREAS, the IBM Corporation has agreed to allow field tests from their site
subject to certain liability considerations; and
WHEREAS, the Town Attorney has developed an acceptable agreement to cover
these considerations;
NOW, THEREFORE, BE IT RESOLVED, and IT IS HEREBY RESOLVED by the Town Council
of the Town of Los Gatos, County of Santa Clara, State of California, that this
Council adopt the agreement developed by the Town Attorney; and
FURTHER RESOLVED, that the Town Manager is authorized and hereby directed to
execute said agreement in the name and in behalf of the Town of Los Gatos.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA,
at a reouIar meeting held this lfith day of March
1987, by the following vote:
ATTEST:
AYES: COUNCIL MEMBERS Eric D. Carlson Thomas J
Ferrito, Robert L. Hamilton, and Mayor Brent
N. Ventura _
NOES: COUNCIL MEMBERS None
ABSENT:
COUNCIL
MEMBERS
Joanne Benjamin
ABSTAIN:
COUNCIL
MEMBERS
Nnn.
0 dd OS
SIGNED:
R 0 OWN OF LOS GATOS
INDEMNITY AGREEMENT AND RELEASE
THIS INDEMNITY AGREEMENT AND RELEASE is made and entered into between
INTERNATIONAL BUSINESS HACHINES, INC. (hereinafter referred to as "IBM ") and
the TOWN OF LOS GATOS (hereinafter referred to as "Town "), as of the elate set
forth below.
W ITNESSETH:
WHEREAS, The Town seeks to test the use of the IBM microwave tower
located on Guadalupe Mines Road as a repeater site for the Town Police
Department; and
WHEREAS, IBM seeks to have the Town release it from liability for any
injury or damage to Town equipment or personnel and to have the Town indemnify
IBM for any injury or damage to IBM equipment or personnel or for any injury or
damage to third parties,
HOW, THEREFORE, in consideration of the promises hereinafter set forth
IBM and the Town ,jointly and severally agree as follows:
1. IB" agrees that it will permit the Town or its designated agents to
have access to the area of the IBM microwave tower on Guadalupe nines Road and
the parking lot at Building 024 for testing purposes to determine whether the
microwave tower is a suitable location as a repeater site for the Town Police
Department. Such access shall be during normal business hours upon one week
written notice to I1311.
2^ Town agrees t0 release IBM from any and all claims, costs,
expenses, liabilities or damages to persons or property arising out of Or in
any way connected With the negligent act or emission of IBM` its officers,
employees, agents, CuAtr6Ct8rS, or subcontractors,
3^ Town agrees to indemnify and hold IBM harmless from, and defend IBM
against, any and all claims, costs, expenses, liabilities or damages t0 persons
or property arising out Of or in any way connected with the negligent act or
emission of Town, its officers, employees, agents, contractors or
subcontractors except as arises from the sole willful act or omission or sole
negligence of IBM, its officers, employees, agents, contractors or
subcontractors.
IN WITNESS WHEREOF, the following individuals have executed this
agreement,
INTERNATIONAL BUSINESS MACHINES, INC,
BY
It
At
California Dated: /d , 1987
TOWN OF LOS GATOS
BY
Its: T0WA Manager of Los Gatos \1 \`^) Dated: �- �� r7 1987
0SUlN: TC 3/16 #5