PARKING SPACE FOR OO/C (Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00709R000400070096-7
• Release Decision: RIPPUB
• Original Classification: R
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: June 6, 2001
• Sequence Number: 96
• Publication Date: October 7, 1948
• Content Type: MEMO

Approved Folease 2001/09/03: CIA-RDP84-00709R00070096-7.'
OGC Has Reviewed
Chief , Services Branch.
Office of the General Counsel.
Parking Space for OO/C
7 October 1948.
STATI NTL=
' t.
1. This will acknowledge ycar memorandum dated
23 Septamher 1948 in regard to raent.i.ng parking space
in for the Contact Branch_ cpf C.I.Q. P.B.A-
Rnc osure 65969 forwarded by your memorantham, quc ted .
pertinent provisions of the Rules : and , Re nulations.,
governing leases in the , where the
apace is desired. The sections slsingled out for peer-
ticular comment provide thatt
owr.: risk.
ated under owner's responsibility 'ant sit owner's .
by owner's insurance poiictes rernd cav'c a 'e oper- "
that for insurance protection they motet, he covered .
clusive -a?ervant of the owner and tt ^As i;uinderstood';.
risk and any person so driving shall. be the ex--
"4. All cars driven, called for', or deliv-
ered at the owner's requess' are handled '!ai; owner's
Bred by our insurance.
from any cause whatsoever. A check rout 1.8: pro-
vided without charge. Lessee's cars are riot cov-
z ible for lose or damage to ears or the r' eonten-'Goa
the property of patrons . but will not bit.,-:reapon
"2. The management will endeavor to protect
bibition of S. 3732, Revised btatutOn, which provides s '
803) atated that such en agreement came 'within the pro-
,and inde?inite scope, the Comptroller 0 lke11 i (16 C.t.:
demnify the Southern Pacific Company Ln stn &gually bream
a,ilar situation in which the Government a,grr.ed `to in-
illegal and void ' as against the Government. Zia 'a si-
such car or his agent."
2. These sections have been csretYill r . reviewed
by this Office and it is our opinion -that-:they are
within the tonTines of the girage by the owner of:
bility for in3ury or death of pier M3 ahd damage
to property arising by the operation: of the car.
save the management harmleue fr+ m - any. and all liar
"5. The owner hereby egre~ a to indernify and;
Approved For Release 2001/09/03 : CIA-RDP84-00709R000400070096-7
 Approve or Releas -RDP84-0070JR000400070096-7
-2.-
"so contract or purr tse on behalf of the
Zh ited States shall be anode,, =less the a-me"Is
acts; fixed by law or is under an appropriation
adequate to its fulfi iaa t except In the o'er
and Navy Departments, for o1othing, subsist once
.
forage+r fuel, quarters transpchortation, .or slu t-
cal an hospital supplies, whi, htla, er shall,
not exceed the necessities of the a urrent year
R.S. 5 3732; June 12, 1906, c.
3, 3'~ 8tat, 255.*
The Cowptroller General goes on to Bay.`th*t the. O r ern .
roam cannot a ntractunlly Bosnia a liability for the A.e.
glt ence of its own officers, rloyNee, or aages. In
another case In which the t" oVrerraeant agreed to s eepin
2nde itiaa- tt t
o erntr~actor the Ce ptalol3a~ f
r>
u12 and void and that the contracting otfieer Ho
ceeded h1ss autho~rit - i
t
i
ts en
er
..
ng into - such e+n sdg -ee
bawls Y' t I+ir ~i/' p ? Ulm ? 'A,-/ /
~. It therefore appears that VOCtit r 2 .
of the garage' a lease regulati are .ln*pplic ble ?.. h
as apprcpriste Dy. . the b
of
the Agency udder the authority and within the 7,1 Its
40
4. We were also asked to give &n optniof on the-
_.
propriety of insuring the iewitesa and, their prert r.
For the purposes of liability insurance -an intrctb e
interest would depend on the potentiality of a. C`es ,
for daaugds. Since there is no actual agency i~olation.
ship between the garage and tote ' lover and the
Government cannot be bound by any indeanif cation pro-
Visions Of a tract, a potential liability for. the
negligent, of garage employees does not appear to ex-
let. tlniwss the invitee enters into ra personal . gee-.
want with the garage g there is no assumption of liA
bility on his pa7rt, and he ean take legal action.;
against the garage for any injury suffered throughthe,
negligence of the garage's employees. An
fiiviCdr we .d,
of course , be personally liable r* r- oar toms.
Approved For Re WR : CIA-RDP84-00709R000400070096 7*