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Resolution 1989-07 .. , . . ~ RESOLUTION NO. 89 - 7 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF GILROY RESOLVED, that the City Council of the City of Gilroy, does hereby authorize its Public Safety Director to execute in favor of and deliver to City of Gilroy the "Indemnity and Hold Harmless Agreement, and Release, in Favor of City of Gilroy", a copy of which is attached hereto as Exhibit "A" and made a part hereof. PASSED AND ADOPTED this 6th day of February, 1989, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None APPROVED: ATTEST: ;J~ RESOLUTION NO. 89 - 7 -!! . . ~ DEPARTMENT OF PUBLIC SAFETY Telephone (408) 842-6456 QI till nf (f) ilrnll 7370 Rosanna Street GilROY, CALIFORNIA 95020 ARTHUR L. GillESPIE Director EXHIBIT "A" POLICE DEPARTMENT INDEMNITY, HOLD HARMLESS AND RELEASE BY THE CITY OF GILROY IN FAVOR OF THE CITY OF SAN MATEO In consideration of an 82-hour motorcycle training course being conducted by the CITY OF SAN MATEO (hereinafter "San Mateo") and its allowing employees of the CITY OF GILROY (hereinafter referred to as "contracting Agency") to take part in said course, Contracting Agency agrees to indemnify, defend, and hold harmless San Mateo, its officers and employees, from and against any and all claims, loss, liability, and damages resulting from injury to or death of persons, including to employees of Contracting Agency, or from damage to property, including that of San Mateo, the San Mateo County Fair Association, San Mateo County, and the California Jockey Club, arising out of or in any way connected with Contracting Agency's participation in the 82-hour course, however, caused, regardless of negligence of San Mateo, whether active or passive, except for injury or damage caused by the sole negligence of willful misconduct of San Mateo. This agreement shall remain in full force and effect unless written notice is given to the City of San Mateo Chief of Police, at least 30 days before the effective date of such termination. Dated: February 6, 1989 City of Gilroy Contracting Agency /s/ ARTHUR L. GILLESPIE Arthur L. Gillespie Director of Public Safety PROTECTION OUR DUTY, PREVENTION OUR GOAL . . ... I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 89-7 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of February 1989, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 7th day of February 19 89. Of~ (Seal)