HomeMy WebLinkAboutCC Resolution 4658RESOLUTION NO. 4658
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as
follows:
The MAYOR and CITY CLERK are authorized to execute, on
behalf of the City of San Rafael a lease or agreement with
The County of Marin and Ernest W. Nash
A copy of which is hereby attached and by this reference made a
part hereof.
I, MARION A. GRADY, City Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the
City Council of said City held on Monday the 91ct
day of January 19 74 by the following vote,
to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
MARION A. GRADY
City Clerk
6�i"iAL,
of
D JHS d {'
A G R E E M E N T
THIS AGREEMENT, made and entered into this
February,
12/4/73
19th
19 74 by and between the CITY OF
day
SAN RAFAEL, hereinafter designated as "CITY," THE COUNTY OF MARIN,
hereinafter designated as "COUNTY" and ERNEST W. NASH, hereinafter
designated as "CONSULTANT,"
W I T N E S S E T H
WHEREAS, on or about July 10, 1973, Stephen C. Chapter
instituted an action for damages against several defendants including
"CONSULTANT," in the Superior Court of the City and County of San
Francisco, which action has been numbered 662 - 614, and
WHEREAS, although neither "CITY" nor "COUNTY" are defendants
in said action and have no legal responsibility whatsoever in connec-
tion therewith, said Public Agencies wish to assist "CONSULTANT" in
defending this action because of the important public purposes to be
served by the free exchange of expert witnesses between jurisdictions,
and
WHEREAS, the governing boards of "CITY" and "COUNTY" have
agreed to provide legal assistance to "CONSULTANT" in the defense
of said action;
NOW THEREFORE, the parties do hereby agree as follows;
(1). "COUNTY," through the Office of County Counsel, will
appear in said.action on behalf of "CONSULTANT," at
no expense to "CONSULTANT."
(2). "CITY" shall reimburse "COUNTY" for a portion of its
cost in the amount of $10.00 for each hour expended
by Attorneys in the County Counsel's Office in the
defense of said action, not to exceed $1,500.
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(3). "CONSULTANT" agrees to cooperate with the County
Counsel as Counsel deems necessary to the successful
defense of said action.
(4). "CONSULTANT" acknowledges and agrees that he has
been specifically informed by his Attorney, Leonard
Shaw, that neither the "COUNTY" nor the "CITY"
have agreed to indemnify "CONSULTANT" or pay any
judgment which may be entered in this suit. Any
award of damages to the Plaintiff against "CONSULTANT"
shall be "CONSULTANT'S" sole responsibility.
(5). It is specifically agreed and understood that, by
execution of this Agreement, neither "CITY" nor
"COUNTY" acknowledge that "CONSULTANT" was, at any
time, their employee. "CONSULTANT" has been informed,
that both "COUNTY" and "CITY" believe that he was an
independent contractor with respect to the matters
that are the subject of said action, both,in.law and
in fact.
(6). "CITY" and "COUNTY" will share equally any costs in
said action not in excess of the cumulative total of
$1,000.
(7). "CONSULTANT" represents that he does not possess any
insurance policy pursuant to which he would be entitled
to receive a defense to said action.
(8). "CONSULTANT" further acknowledges that he has been
fully advised of the possible conflict of interest
which may arise between the parties in connection
with any future possible action for indemnification.
"CONSULTANT" agrees to retain an Attorney-at-law,
licensed to practice in California, to represent him
independently in connection with this aspect of the
matter and further to assist the County Counsel in
the defense of said action. "CONSULTANT" further
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agrees that County Counsel shall be entitled to
rely on any representations which Consultant's
Attorney makes to "CITY" or "COUNTY" on behalf of
said "CONSULTANT."
(9). This Agreement shall be of no further force and
effect after a judgment is rendered in said action.
"CITY" and "COUNTY" shall not be obligated to
represent "CONSULTANT" in connection with any appeal
of any judgment in said action in the absence of
another specific Agreement providing for such repre-
sentation.
IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement the day and year first above written.
COUNTY OF MARIN
ATTEST -�,
o
By
C erlc Chairman`of the Board of Supervisors
ATTEST: /
MARION A. GRADY, City Clerk •/
Apprcved as to form
and content
L onard W. Shaw
Attorney for
Ernest W. Nash
Approved as to form
and content
�-' \11�1
AI
Fred C. Robbins, Jr.
Attorney for
City of San Rafael
CITY OF SAN RAFAEL
By CCCC ,C� ftc C
C. Paul Bettini,-Mayor
"CONSULTANT"
7
Ernest W. Nash
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