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Resolution 09709CITY OF ALAMEDA RESOLUTION NO, 9709 AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF SAN MATEO BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that said Council does hereby authorize Robert M. Shiells, its Chief of Police, 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. INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, BY City of Alameda 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 April 5 to .April 16 1982 , at the east parking lot of San Mateo County Fair Association, and allowing employees of City of Alameda (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 holdthem 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. DATED: X c/9-S2 Cttof Alameda Z—Zwt/71,7 (Contracti gency) n1 By bert M. Shiells Its Chief of Police (Attachment #1) I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 16th of March, 1082,' by the following vote to wit: AYES: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. NOES: None. ABSENT: NOD8, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of March, 1982. City Clerk of the meda