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HomeMy WebLinkAbout7905 RESOLUTION NO. 7905 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING THE CITY MANAGER AND CHIEF OF POLICE TO EXECUTE POLICE DEPARTMENT TRAINING AND OPERATIONS LIABILITY WAIVERS WHEREAS, recently the City's Chief of Police has received requests for waivers of liability from other public agencies in connection with Police Department training and other operational activities cooperatively undertaken with such agencies; and WHEREAS, in the past, such waivers of liability were often set forth in agreements with such agencies, which were approved by the City Council; and WHEREAS, for purposes of efficiency and economy of City operations, it is the recommendation of the Chief of Police and the City Manager that the City Council authorize the Chief of Police (and the City Manager in his or her absence) to execute such liability waivers, for example, in the form attached hereto as Exhibit "A," on behalf of the City, with the prior review and approval of the City Manager and City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS as follows: Section 1. The City Council of the City of Redlands hereby authorizes the Chief of Police, and the City Manager or his or her designee, in the event of the absence or unavailability of the chief of Police, to execute "training" and other routine Police Department operations liability waivers with other public agencies, subject to the prior review and approval by the City Manager and the City Attorney of the same. Section 2. Notwithstanding Section 1 hereof, the City Manager and/or Chief of Police shall have the discretion to submit any such waiver to the City Council for review and approval. Section 3. This Resolution shall take effect upon the date of its adoption. ADOPTED, SIGNED AND APPROVED THIS 4TH DAY OF SEPTEMBER, 2018. Paul W. Foster, Mayor ATTEST: J e Donaldson, City Clerk 1 I:1Resolutions\Res 7900-7999\7905 CM to Execute Dept Training Waivers.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 4th day of September, 2018 by the following vote: AYES: Councilmembers Barich,Tejeda, Momberger,James; Mayor Foster NOES: None ABSENT: None J e Donaldson, City Clerk 2 1:11Zesoiutions\Res 7900-799917905 CM to Execute Dept Training Waivers.docx Exhibit A 3 1:1Resolutions\Res 7900-799917905 CM to Execute Dept Training Waivers.docx qqy{ te JOHN McMAHON,SHERIFF-CORONER RELEASE AND HOLD HARMLESS AGREEMENT FOR THE COUNTY OF SAN BERNARDINO I, t.illy understand that my participation at the (LAST) (FIRST) (MIDDLE) EVOC DRIVER TRAINING FACILITY (hereafter referred to as "EVENT") exposes me to the risk of personal injury. death or property damage. I hereby acknowledge that I am voluntarily participating in this event and expressly agree to assume any such risks. In consideration for being permitted to participate in the EVENT, I hereby release and forever discharge the County of San Bernardino, its officers. employees, agents and volunteers for any personal injury disability or death, or damage to or loss of personal property, arising out of or in connection with my participation in the EVENT, from whatever cause, including the active or passive negligence of the County of San Bernardino,its officers,employees, agents and volunteers or any other participants in the EVENT.The EVENT involves driving vehicles on a closed course that may involve high speeds, dangerous turns or curves, and changes in elevations and that as a participant I must follow all written, oral and hand instructions as well as signage. In further consideration of participating in the EVENT, I hereby agree, for myself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless the County of San Bernardino, its officers, employees, agents and volunteers from any and all claims, demands, actions or suits arising out of or in connection with my participation in the EVENT brought by any third party. I HAVE CAREFULLY READ THIS RELEASE AND HOLD HARMLESS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT OF MY OWN FREE WILL. DATE SIGNATURE PARENT or GUARDIAN if under 18 PRINTED NAME AND SIGNATURE EMPLOYER WAIVER OF SUBROGATION In consideration of the training provided herein, Employing Agency/Company ("Employer") of the above-named employee hereby waives all subrogation rights against the County of San Bernardino, its officers, employees,agents and volunteers, Further, by signing below the signatory represents that he/she has authority to bind Employer to this Waiver of Subrogation, DATED PRINTED NAME AND SIGNATURE AGENCY/COMPANY SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street • San Bernardino,California 92415-0061 Post Office Box 569 • San Bernardino,California 92402-0569 WWI of JOHN MCMAHON,SHERIFF-CORONER SAN BERNARDINO COUNTY SHERIFF'S SEXUAL HA SSMENT POLICY All personnel attending or instructing at the Criminal Justice Training Center shall adhere to a standard of conduct that is respectful and professional as well as consistent with the guidelines set forth in Title V II of 42 U.S.C. 2000e & San Bernardino County Sheriff's Department Manual section 1 i277. By definition, sexual harassment is unwelcome sexual advances, request for sexual favors or physical conduct of a sexual nature. Examples of when sexual harassment occurs: 1. Submission to above stated conduct is made either explicitly or implicitly as a term of completion of a course. ?. Submission to or rejection of such conduct by a student is used as a basis for decisions affecting grades of such individual. 3. Such conduct has the purpose or effect of unreasonably interfering with a student's work performance or creating an intimidating, hostile, or offensive academic environment. Instructors may be held responsible for acts of sexual harassment in the classroom and become liable when the instructor knows or should have known of the conduct but fails to take immediate and appropriate corrective action. I have read and understand the above policy. Furthermore, I acknowledge that violation could result in dismissal from the Criminal Justice Training Center. Report all violations to the commander of the EVOC Training Center. Print Signature Date SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street - San Bernardino.California 92415-a661 Post Office Box 559 - San Bernardino,California 92402-0569