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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Inaugural Guidelines
(7 of 11)
Box: 29
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
January 14, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS DOL
SUBJECT:
Inaugural Guidelines
Attached is what I hope will be a final version of the
inaugural guidelines. As we discussed on Saturday, I have
tightened up the portal-to-portal section (p. 4), and
cleared up the confusing coordinators-escorts problem (p.
5).
I did not know what you wanted to do with the additional
language I drafted in response to Socolar's request at our
January 9 meeting. You will recall that language explained
why the guidelines were necessary, stated that the guidelines
would result in significantly reduced military assistance
compared to that provided in 1981, and stressed the recipro-
city cost-savings rationale. I think this language can be
included in the preamble to the guidelines, and have inserted
it at pages 2-3. (I omitted the numerical comparisons
between 1981 and 1985.) If you disagree it can be readily
deleted and issued as a separate document, or not issued at
all.
Attachment
1985 PRESIDENTIAL INAUGURATION
SUPPORT BY THE DEPARTMENT OF DEFENSE
This memorandum provides guidance regarding inaugural
support activities by Department of Defense civilian and
military personnel. The inauguration of the President is a
non-partisan event that symbolizes the enduring values of
our democratic system of government. It is planned by the
Presidential Inaugural Committee (PIC) and the Joint Con-
gressional Committee on Inaugural Ceremonies (JCCIC),
committees with no political function and no mission other
than the planning and execution of the inaugural.
The inauguration of the President has a unique meaning
to the Armed Forces since it represents a change or
continuation of command for the Commander-in-Chief.
Additionally, it is an event rich in protocol and
ceremonies -- areas in which the military has significant
expertise. The Department, therefore, has traditionally
provided a wide range of support to the PIC and the JCCIC in
connection with the various inaugural activities. The Armed
Forces Inaugural Committee (AFIC) plans, coordinates, and
provides appropriate military support requested by the PIC
and JCCIC. The AFIC is formed prior to the election to
- 2 -
begin initial inaugural planning in an apolitical fashion
and to develop a staff well versed in the full scope of
inaugural requirements.
While it is impossible to codify every aspect of the
support that may appropriately be rendered by the Department,
given the complexity surrounding the planning and operation
of the activities comprising the inaugural, the following
guidelines attempt to deal with the most prominent areas in
which military support may be rendered. Questions concern-
ing military support that are not readily covered by these
guidelines should be referred to PIC counsel, Headquarters,
Department of the Army, and the Assistant Secretary of
Defense (Public Affairs) for resolution.
These guidelines are necessary because of the failure
of the Congress to respond to a 1983 opinion of the
Comptroller General concerning military assistance for
inaugural activities. That opinion concluded with a
recommendation that Congress review such assistance and
amend existing law either to conform with past practice
known to and acquiesced in by Congress or expressly to
prohibit practices for which it was difficult to ascertain
specific statutory authority. Congress did neither,
creating uncertainty with respect to what assistance was
permitted and what was not. These guidelines represent a
good faith effort to provide the necessary guidance.
- 3 -
It is intended that the guidelines will result in
significantly reduced military assistance compared with the
1981 Inaugural (which antedated, of course, the 1983
opinion). In addition, much of the assistance authorized
under the guidelines will result in an actual cost savings
to the AFIC. AFIC will benefit from reciprocal arrangements
that permit, for example, military drivers to use PIC
automobiles and fuel to transport AFIC personnel on official
AFIC business. Without the reciprocal arrangement, AFIC
would be required to use official vehicles and fuel paid for
by appropriated funds. To cite another example of the
reciprocity benefits, AFIC copy operators use PIC copying
machines and paper to reproduce official AFIC material.
The guidelines anticipate limited military assistance.
For example, when the military is authorized to coordinate
the movement of groups participating in the parade, it is
not intended that military transportation be used to move
the group. Further, although military personnel may
facilitate the orderly formation and progress of the parade,
it is not intended that the military take charge of planning
the parade. The role for the military recognized in the
guidelines is one of limited assistance and support fully
consistent with past practice and the special significance
the inaugural holds for the military as the swearing-in of
the Commander-in-Chief.
- 4 -
TRANSPORTATION
PIC cars driven by military personnel may be used for
official purposes only and only by PIC, JCCIC, and AFIC
members, and "Designated Inaugural Participants." The term
"official purposes" means Inaugural Committee business. For
example, transportation provided to and from Inaugural balls
will be provided only to those qualified passengers who are
working at the balls.
Transportation shall not be provided for purely
personal purposes. Transportation from residence to work
shall be provided only with the approval of the PIC
Chairman. Approval shall be given only when inaugural
responsibilities could not be met in the absence of such
transportation.
"Designated Inaugural Participants" are those
individuals who actually have a role in the official
Inaugural events and have been designated by the PIC
Chairman. Governors shall be considered Designated
Inaugural Participants.
MILITARY AIDES
Military Aides will be provided to assist members of
the First and Second Families and the Designated Inaugural
Participants to meet their Inaugural schedules and responsi-
bilities.
- 5 -
MILITARY COORDINATORS
Members of the military may be assigned to coordinate
the arrival and movement within the metropolitan area of the
various groups participating in the inaugural events.
CEREMONIAL UNITS
Members of the military will be assigned to coordinate
the arrival, movement and departure of the President and/or
the Vice President at the various inaugural events. These
members of the military will also provide assistance to
ensure the orderly conduct of events at which the President
and/or Vice President are scheduled to appear. They
will not be used for routine administrative duties such as
ticket taking, parking cars, etc.
MEDICAL SUPPORT
Medical units with appropriate personnel and supplies
may be provided at official Inaugural events and at the
Inaugural balls. Additionally, an aid station will provide
emergency minor treatment and supplies for job related
injuries and illnesses of the PIC staff.
USHERS
Military personnel may be used as ushers only at the
actual public swearing-in ceremony and at the Presidential
Reviewing Stand.
- 6 -
INAUGURAL PARADE
Military units will monitor and coordinate the parade
for safety purposes, and will be used along the parade
route. Security issues are to be directed to the Secret
Service and Federal Bureau of Investigation. Military
marching units may be authorized to participate in the
parade. Military drivers, vehicles and equipment may be
approved for use in the parade.
PUBLIC RELATIONS
The military may provide public relations support
consistent with the recording of its own role in the in-
augural activities and with the recording of the ceremonies
surrounding the swearing-in of the Commander-in-Chief.
EQUIPMENT
Military equipment, including communications equipment,
may be used as needed by the AFIC in the discharge of its
responsibilities. Technical support and equipment, such as
2-way radios, cellular phones and beepers, may be provided
to the PIC thru GSA if requested.
ADMINISTRATIVE AND LIAISON
Military personnel may serve as members of the PIC
staff to advise, assist, and inform on issues concerning
military support of the inauguration. AFIC personnel may
- 7 -
also perform financial review functions with respect to the
activities of the PIC and AFIC. Military personnel may not
be used by the PIC to perform routine administrative duties
of the PIC, but assignment of military personnel to office
functions such as copying and computer systems and systems
analysis is authorized when such assignment provides a cost
savings or more efficient operation to AFIC itself.
CRATIONS
INRUSTRY
1985
January 15, 1985
THE COMMITTEE
FOR THE
50TH AMERICAN
PRESIDENTIAL
INAUGURAL
Washington. D.C.
20599
202/433-7100
MEMORANDUM TO MICHAEL K. DEAVER, GENERAL CHAIRMAN
RONALD H. WALKER, CHAIRMAN
JOHN F. ROGERS, GENERAL MANAGER
FROM:
FRED F. FIELDING
.
GENERAL COUNSEL
SUBJECT:
Guidelines - 1985 Presidential Inauguration
Support by the Department of Defense
As you are aware, we have been meeting with the Department of
Defense in order to work out guidelines governing the support
that the DOD can appropriately provide to the Committee.
Attached is a copy of these guidelines, which have been
implemented previously and are now reduced to writing.
We have had several meetings with the GAO as we formulated these
guidelines, and I believe they will acknowledge this to be a good
faith effort to accommodate the concerns they expressed about the
1981 Inaugural, in the absence of any legislative action.
Attachment
FFF:mbg
CC: Subj/Chron(2)
1985 PRESIDENTIAL INAUGURATION
SUPPORT BY THE DEPARTMENT OF DEFENSE
This memorandum provides guidance regarding inaugural
support activities by Department of Defense civilian and
military personnel. The inauguration of the President is a
non-partisan event that symbolizes the enduring values of
our democratic system of government. It is planned by the
Presidential Inaugural Committee (PIC) and the Joint Con-
gressional Committee on Inaugural Ceremonies (JCCIC),
committees with no political function and no mission other
than the planning and execution of the inaugural.
The inauguration of the President has a unique meaning
to the Armed Forces since it represents a change or
continuation of command for the Commander-in-Chief.
Additionally, it is an event rich in protocol and
ceremonies --- areas in which the military has significant
expertise. The Department, therefore, has traditionally
provided a wide range of support to the PIC and the JCCIC in
connection with the various inaugural activities. The Armed
Forces Inaugural Committee (AFIC) plans, coordinates, and
provides appropriate military support requested by the PIC
and JCCIC. The AFIC is formed prior to the election to
- 2 -
begin initial inaugural planning in an apolitical fashion
and to develop a staff well versed in the full scope of
inaugural requirements.
While it is impossible to codify every aspect of the
support that may appropriately be rendered by the Department,
given the complexity surrounding the planning and operation
of the activities comprising the inaugural, the following
guidelines attempt to deal with the most prominent areas in
which military support may be rendered. Questions concern-
ing military support that are not readily covered by these
guidelines should be referred to PIC counsel, and to
Headquarters, Department of the Army and the Assistant
Secretary of Defense (Public Affairs) for resolution.
These guidelines are necessary because of the failure
of the Congress to respond to a 1983 opinion of the
Comptroller General concerning military assistance for
inaugural activities. That opinion concluded with a
recommendation that Congress review such assistance and
amend existing law either to conform with past practice
known to and acquiesced in by Congress or expressly to
prohibit practices for which it was difficult to ascertain
specific statutory authority. Congress did neither,
creating uncertainty with respect to what assistance was
permitted and what was not. a These guidelines represent a
good faith effort to provide the necessary guidance.
- 3 -
It is intended that the guidelines will result in
significantly reduced military assistance during the
Inaugural celebration, compared with the 1981 Inaugural
(which antedated, of course, the 1983 opinion).
The guidelines anticipate limited military assistance.
For example, when the military is authorized to coordinate
the movement of groups participating in the parade, it is
not intended that military transportation be used to move
the group. Further, although military personnel may
facilitate the orderly formation and progress of the parade,
it is not intended that the military take charge of planning
the parade. The role for the military recognized in the
guidelines is one of limited assistance and support fully
consistent with past practice and the special significance
the inaugural holds for the military as the swearing-in of
the Commander-in-Chief.
TRANSPORTATION
PIC cars driven by military personnel may be used for
official purposes only and only by PIC, JCCIC, and AFIC
members, and "Designated Inaugural Participants." The term
"official purposes" means Inaugural Committee business. For
example, transportation provided to and from Inaugural balls
will be provided only to those qualified passengers who are
working at the balls.
- 4 -
Transportation on shall not be provided for purely
personal purposes. Transportation from residence to work
shall be provided only with the approval of the PIC
Chairman. Approval shall be given only when inaugural
responsibilities could not be met in the absence of such
transportation.
"Designated Inaugural Participants" are those
individuals who actually have a role in the official
Inaugural events and have been designated by the PIC
Chairman. Governors shall be considered Designated
Inaugural Participants.
MILITARY AIDES
Military Aides will be provided to assist members of
the First and Second Families and the Designated Inaugural
Participants to meet their Inaugural schedules and responsi-
bilities.
MILITARY COORDINATORS
Members of the military may be assigned to coordinate
the arrival and movement within the metropolitan area of the
various groups participating in the inaugural events.
CEREMONIAL UNITS
Members of the military will be assigned to coordinate
the arrival, movement and departure of the President and/or
- 5 -
the Vice President at the various inaugural events. These
members of the military will also provide assistance to
ensure the orderly conduct of events at which the President
and/or Vice President are scheduled to appear. They will
not be used for routine administrative duties such as ticket
taking, parking cars, etc.
MEDICAL SUPPORT
Medical units with appropriate personnel and supplies
may be provided at official Inaugural events and at the
Inaugural balls. Additionally, an aid station will provide
emergency minor treatment and supplies for job related
injuries and illnesses of the PIC staff.
USHERS
Military personnel may be used as ushers only at the
actual public swearing-in ceremony and at the Presidential
Reviewing Stand.
INAUGURAL PARADE
Military units will monitor and coordinate the parade
for safety purposes, and will be used along the parade
route. Security issues are to be directed to the Secret
Service and Federal Bureau of Investigation. Military
marching units may be authorized to participate in the
parade. Military drivers, vehicles and equipment may be
approved for use in the parade.
- 6 -
PUBLIC RELATIONS
The military may provide public relations support
consistent with the recording of its own role in the in-
augural activities and with the recording of the ceremonies
surrounding the swearing-in of the Commander-in-Chief.
EQUIPMENT
Military equipment, including communications equipment,
may be used as needed by the AFIC in the discharge of its
responsibilities. Technical support and equipment, such as
2-way radios, cellular phones and beepers, may be provided
to the PIC thru GSA if requested.
ADMINISTRATIVE AND LIAISON
Military personnel may serve as members of the PIC
staff to advise, assist, and inform on issues concerning
military support of the inauguration. AFIC personnel may
also perform financial review functions with respect to the
activities of the PIC and AFIC. Military personnel may not
be used by the PIC to perform routine administrative duties
of the PIC, but assignment of military personnel to office
functions such as copying and computer systems and systems
analysis is authorized when such assignment provides a cost
savings or more efficient operation to AFIC itself.
February 22, 1985
MEMORANDUM
TO:
Mr. Barker
FROM:
Mr. LaForce
RE:
Inaugural Committee -- Business Interruption Claim
This memorandum discusses the advisability/feasibility
of filing a claim under' the Committee's business interruption
policy for losses incurred by the Committee as a result of the
cancellation of the Inaugural Parade. The facts are that cancel-
lation was caused, at least in part, by a definite ascertainment
that the cold was so severe that physical damage to musical
instruments, animals, etc., would inevitably result, thereby
compelling cancellation. This decision was made prior to any
actual physical damage to the property, equipment and animals,
but the evidence is compelling that such damage would have been
inescapable. The ultimate question is whether, under this set of
facts, recovery can be had under the business interruption
policy. 1/
The principal policy provision is Paragraph 6 (1) of
the policy which provides:
1/
It is noteworthy that our insurance broker, Johnson &
Higgins, has informally opined that there is no coverage.
Attached is a memorandum of a conversation between Kemp Harshman
and a representative of Johnson & Higgins which occurred imme-
diately preceding the decision to cancel. These items are noted
to illustrate the probability that the Johnson & Higgins
testimony/evidence will not be particularly helpful.
2/
A copy of the policy is attached.
-2-
Except as hereinafter excluded this policy
covers loss of anticipated gross revenues and
extra expense incurred resulting from the
necessary cancellation, postponement or aban-
donment beyond the control of the Insured of
any of the scheduled events of The 50th
American Presidential Inaugural and caused by
loss, damage or destruction by any of the
perils covered herein during the term of this
policy to real and personal property of the
Insured or of others at locations scheduled in
Endorsement No. 1 of this policy.
Additionally, the policy recites that insurance is being
provided "against all risk of physical loss of or damage to
property described herein, except as hereinafter excluded (Para-
graph 7) 4/
A general principle of insurance law is that ambiguities
are construed against the insurer, and doubts are resolved in
favor of coverage. A representative statement of the rule was
expressed in Burdett Oxygen Co. V. Employers Surplus Lines Ins.
Co., 419 F.2d 247, 248-49 (6th Cir. 1969) :
[W]hen the wording of an insurance contract is
doubtful or ambiguous, the contract is con-
strued in a manner most favorable to the in-
sured
[T]he purpose of the contract
being to provide insurance coverage, an inter-
pretation of doubtful terms which construes
the language to provide such coverage tends to
3/
Endorsement No. 1 recites in pertinent part: "It is further
agreed that for the purpose of this policy the bleachers and
media/speaker platforms along the parade route of The 50th
American Presidential Parade shall be considered an insured loca-
tion herein."
4/
It is significant to contrast the broad, all-inclusive
language of Paragraphs 6 (1) and 7 with the more restrictive
language employed in Paragraphs 6 (5) and 6(6) which limits losses
to those sustained when "as a direct result of a peril insured
against" access is prohibited by civil or military order on
ingress/egress with respect to the premises described in En-
dorsement No. 1 is prevented.
-3-
effectuate the presumed good faith intent of
the contracting parties.
This general principle has been adopted and applied by
the District of Columbia courts. For example, in Continental
Cas. Co. V. Beelar, 405 F.2d 377 (D.C.Cir. 1968), the court
stated, in pertinent part:
[A] ]mbiguities in insurance contracts are re-
solved favorably to the insured
and
if there are a number of reasonable
readings of a policy provision, the insured is
entitled to the one favoring coverage. [Id.
at 378.]
Accord, Smith V. Indemnity Ins. Co. of North America, 318 F.2d
266, 269 (D.C.Cir.), cert. denied, 375 U.S. 904 (1963). 5/
Courts have permitted recovery under business inter-
ruption policies in the absence of actual physical damage. For
example, in Datatab, Inc. V. St. Paul Fire & Marine Ins. Co., 347
F. Supp. 36 (S.D.N.Y. 1972), a business interruption claim was
filed for losses resulting to a data processing business when a
flood forced a shutdown of the air conditioning in the building
in which the business was housed, in turn forcing a shutdown of
the data processing operation. There was no physical damage to
the insured's air conditioning unit or to its data processing
equipment; physical access to the insured's premises was not
impeded; the water did not damage the insured's property or
premises. The business interruption policy provided coverage
when the premises where the property located was so damaged as to
5/
The interpretive presumption favoring the insured may be
lessened in the instant case given the fact that the Com-
mittee was represented by an insurance broker.
-4-
prevent access to the property. Rejecting the insurer's argument
that absent physical damage or impeding of access, no coverage
obtained, the court found that the policy provided coverage,
relying in part on the interpretive presumption favoring the
insured.
In National Children's Expositions Corp. V. Anchor Ins.
Co., 279 F.2d 428 (2d Cir. 1960), the court, while denying cover-
age under the facts of that case, nonetheless found that business
interruption coverage applied in the absence of physical damage
in appropriate cases:
It is true there might be liability in the
absence of actual physical damage. For ex-
ample, if the snowstorm resulted in a power
shut-off which prevented the holding of the
exposition in all or part of the building,
there would be a loss within the terms of the
policy. [Id. at 430.]
On the negative side, there are three District of
Columbia rulings against insureds claiming business interruption
coverage for losses incurred during the 1968 riots. These are
Mac's Pipe and Drum, Inc. V. Northern Ins. Co., 280 A.2d 308
(D.C. App. 1971), Two Caesars Corp. V. Jefferson Ins. Co., 280
A.2d 305 (D.C. App. 1971) and Bros., Inc. V. Liberty Mutual Fire
Ins. Co., 268 A.2d 611 (D.C. App. 1970). In each case, the court
ruled that loss of revenue resulting from the imposition of a
curfew because of the riots was not recoverable under business
interruption coverage absent physical damage to the insured's
property or premises.
One distinguishing factor in each of these cases is that
the court construed the insurance coverage to include only
-5-
"direct" losses. Indeed, in the lead case (Bros., Inc. V.
Liberty Mutual), the policy language recited that coverage ex-
tended only to a "direct loss," which was defined to mean a loss
to described property. The court there construed the policy to
restrict coverage to "direct loss by riot or civil commotion" or
to "loss resulting from direct loss to the property from the
perils insured against". In the instant case, the insuring pro-
visions of the policy (Paragraphs 6(1) and 7) do not contain this
"direct loss" limitation. As noted earlier, the insuring
language of those provisions is, on its face, all-inclusive.
Another distinguishing factor is that in the curfew
cases the disturbances were centered a considerable distance from
the insured properties. 7/ Here, the factor causing cancellation
of the event, the extreme cold, was immediately present and
physical injury and damage would have definitely resulted if the
Committee had insisted on staging the Parade.
CONCLUSION
While the District of Columbia precedents are not help-
ful, these authorities would appear to be distinguishable, at
least sufficiently so to warrant the filing of a claim. The
6/
This line of authority was followed in Adelman Laundry &
Cleaners, Inc. V. Factory Ins. Ass'n, 59 Wis. 2d 145, 207
N.W. 2d 646 (1973). The District of Columbia precedents were not
followed by the Michigan intermediate appellate court, which
ruled in favor of the insured. See, e.g., Southlanes Bowl, Inc.
V. Lumbermen's Mut. Ins. Co., 46 Mich. App. 758, 208 N.W. 2d 269
(1973) ; Sloan V. Phoenix of Hartford Ins. Co., 46 Mich. App. 46,
207 N.W. 2d 434 (1973). All of these cases involved business
interruption claims based on damages resulting from a curfew.
7/ This fact was specifically noted in the Bros., Inc. case.
-6-
language in the Committee's policy is broader, the threat of
injury and damage to insured property more immediate, both of
which factors support an interpretation of the policy which would
afford coverage.
Ka
PJL
The Committee for the 50th American
Presidential Inaugural
and its affiliated, subsidiary, and associated companies
and/or corporations as now exist or may hereafter be
constituted or acquired
HEREINAFTER REFERRED TO AS THE "INSURED"
1. TERM OF INSURANCE
In consideration of $8,000 premium, this policy attaches and covers for
a period of 140 days, from November 12, 1984 to April 1, 1985, beginning
and ending at 12:01 A.M. standard time, at the location of the property
involved.
2. LIMITS OF LIABILITY
This Insurer shall not be liable for more than $9,500,000 per
occurrence.
3. DEDUCTIBLE
All losses, damages, or expenses arising out of any one occurrence shall
be adjusted as one loss and from the amount of such adjusted loss shall
be deducted the sum of $25,000.
4. LOSS PAYABLE
Loss, if any, shall be adjusted with and payable to The Committee for
the 50th American Presidential Inaugural or their order.
5. TERRITORY
This policy covers within the 50 states comprising the United States of
America, the District of Columbia, Puerto Rico, the Virgin Islands and
Canada.
6. COVERAGE
(1) Except as hereinafter excluded this policy covers loss of antici-
pated gross revenues and extra expense incurred resulting from the
necessary cancellation, postponement or abandonment beyond the
control of the Insured of any of the scheduled events of the 50th
American Presidential Inaugural and caused by loss, damage or
destruction by any of the perils covered herein during the term of
this policy to real and personal property of the Insured or of
others at locations scheduled in Endorsement No. 1 of this policy.
- 1 -
(2) If such loss occurs during the term of this policy, it shall be
adjusted on the basis of ACTUAL LOSS SUSTAINED by the Insured
consisting of the gross revenue which is thereby prevented from
being earned less all charges and expenses which do not necessarily
continue and of extra expense incurred.
"Extra expense" shall mean the excess of the total cost of the
event chargeable to the 50th American Presidential Inaugural over
and above the total cost that would normally have been incurred had
no loss or damage occurred.
(3) This policy also covers such expenses as are necessarily incurred
for the purpose of reducing any loss under this policy, even though
such expenses may exceed the amount by which the loss under this
policy is thereby reduced.
(4) This policy, subject to all provisions and without increasing the
amount of said policy, also insures against loss resulting from
damage to or destruction by the perils insured against, of:
(a) electrical, steam, gas, water, telephone, and other transmis-
sion lines and related plants, substations and equipment
situated on or within one statute mile of the premises de-
scribed in Endorsement No. 1;
(b) property of a supplier of goods and/or services to the In-
sured, or a receiver of goods and/or services from the
Insured.
(5) This policy is extended to cover the Actual Loss Sustained during
the period of time, when, as a direct result of a peril insured
against, access to real and personal property is prohibited by
order of civil or military authority.
(6) This policy is extended to cover the Actual Loss Sustained during
the period of time, when as a direct result of a peril insured
against ingress to or egress from and of the premises described in
Endorsement No. 1 is thereby prevented.
7. PERILS INSURED AGAINST
This policy insures against all risk of physical loss of or damage to
property described herein, except as hereinafter excluded.
8. PERILS EXCLUDED
This policy does not insure:
a. against electrical injury or disturbance to electrical appliances,
devices, or wiring caused by electrical currents artificially
- 2 -
generated unless loss or damage from a peril insured herein ensues
and then this policy shall cover for such ensuing loss or damage;
b. against mechanical breakdown unless loss or damage from a peril
insured herein ensues and then this policy shall cover for such
ensuing loss or damage;
C. against explosion, rupture, or bursting of steam boilers, steam
pipes, steam turbines, or steam engines owned or operated by the
Insured unless loss or damage from a peril insured herein ensues
and then this policy shall cover for such ensuing loss or damage;
d.
against nuclear reaction, nuclear radiation, or radioactive contam-
ination, all whether controlled or uncontrolled, and whether such
loss be direct or indirect, proximate, or remote; or be in whole or
in part caused by, contributed to, or aggravated by the peril(s)
insured against in this policy; except:
(1) if fire ensues, liability is specifically assumed for direct
loss by such ensuing fire but not including any loss due to
nuclear reaction, nuclear radiation, or radioactive
contamination;
(2) this Insurer shall be liable for loss or damage caused by
sudden and accidental radioactive contamination including
resultant radiation damage for each occurrence from material
used or stored or from processes conducted on insured premises
provided at the time of loss there is neither a nuclear
reactor capable of sustaining nuclear fission in a self-sup-
porting chain reaction nor any new or used nuclear fuel on the
insured premises;
e.
(1) against hostile or warlike action in time of peace or war,
including action in hindering, combating, or defending against
an actual, impending, or expected attack:
(a) by any government or sovereign power (de jure or de
facto) or by any authority maintaining or using military,
naval, or air forces;
(b) or by military, naval, or air forces;
(c) or by an agent of any such government, power, authority,
or forces;
(2) against any weapon employing atomic fission;
(3) against rebellion, revolution, civil war, usurped power, or
action taken by governmental authority in hindering, combat-
ing, or defending against such occurrence;
- 3 -
(4) seizure or destruction by order of public authority, except
destruction by order of public authority to prevent the spread
of fire or explosion;
(5) risks of contraband or illegal trade.
Notwithstanding the above provisions, (1), (2), (3), (4), and
(5), this insurance shall cover loss or damage directly caused by
acts committed by an agent of any government, party, or faction
engaged in war, hostilities, or warlike operations, provided such
agent is acting secretly and not in connection with any operation
of armed forces (whether military, naval, or air forces) in the
country where the property be construed to include any loss,
damage, or expense caused by or resulting from any of the risks or
perils excluded above, excepting only the acts of certain agents
expressly covered herein, but in no event shall this insurance
include any loss, damage, or expense caused by or resulting from
any weapon of war employing atomic fission or radioactive force
whether in time of peace or war.
9. EARTHQUAKE AND FLOOD
a. Each loss by earthquake, volcanic action, or flood shall constitute
a single loss hereunder.
(1) If more than one earthquake shock or volcanic action occurs
within any period of 72 hours during the term of this policy,
the beginning of which 72-hour period may be determined by the
Insured; or
(2) If any flood occurs within a period of the continued rising or
overflow of any river or stream (s) and the subsidence of
same within the banks of such river or stream(s); or
(3) If any flood results from any tidal wave or series of tidal
waves caused by any one disturbance;
such earthquake shocks, volcanic action, or flood shall be deemed
to be a single occurrence within the meaning of this policy.
b. Should any time period referred to in "a" above extend beyond the
expiration date of this policy and commence prior to expiration,
this Insurer shall pay all such earthquake, volcanic action, or
flood losses occurring during such period as if such period fell
entirely within the term of this policy.
C. This Insurer shall not be liable, however, for any loss caused by
any earthquake shock, volcanic action, or flood occurring before
the effective date and time or commencing after the expiration date
and time of this policy.
- 4 -
10. CONTRIBUTING INSURANCE
Contributing insurance is insurance written upon the same plan, terms,
conditions, and provisions as those contained in this policy. This
insurance shall contribute in accordance with the conditions of this
policy only with other contributing insurance as defined.
11. EXCESS INSURANCE
Excess insurance is insurance over the limit of liability set forth in
this policy. This existence of such excess insurance shall not preju-
dice the coverage provided under this policy nor will it reduce any
liability hereunder.
12. UNDERLYING INSURANCE
a. Underlying insurance is insurance on all or any part of the deduct-
ible and against all or any of the perils covered by this policy
including declarations of value to the carrier. The existence of
such underlying insurance shall not prejudice or affect any recov-
ery otherwise payable under this policy.
b. If the limits of such underlying insurance exceed the deductible
amount which would apply in the event of loss under this policy,
then that portion which exceeds such a deductible amount shall be
considered "other insurance."
13. OTHER INSURANCE
Except for insurance described by the contributing insurance clause, by
the excess insurance clause, or by the underlying insurance clause, this
policy shall not cover to the extent of any other insurance, whether
prior or subsequent hereto in date, and whether directly or indirectly
covering the same property against the same perils. This Insurer shall
be liable for loss or damage only to the extent of that amount in excess
of the amount recoverable from such other insurance.
14. SUBROGATION
a. Any release from liability entered into by the Insured prior to
loss hereunder shall not affect this policy or the right of the
Insured to recover hereunder. This right of subrogation against
the Insured, subsidiaries or affiliated corporations or companies,
or any other corporations or companies associated with the Insured
through ownership or management is waived.
b. In the event of any payment under this policy, this Insurer, where
legally permitted and where loss payments under the primary insur-
ance are not detrimentally affected, this Insurer shall be subro-
gated to the extent of such payment to all the Insured's rights of
recovery therefor. The Insured shall execute all papers required
- 5 - -
and shall do anything that may be necessary at the expense of the
Insurer to secure such right. The Insurer will act in concert with
all other interests concerned, i.e., the Insured and any other
Insurer (s) participating in the payment of any loss as primary or
excess insurers, in the exercise of such rights of recovery. If
any amount is recovered as a result of such proceedings, the net
amount recovered after deducting the cost of recovery shall be
divided between the interests concerned in the proportion of their
respective interests. If there should be no recovery, the expense
of proceedings shall be borne proportionately by the interests
instituting the proceedings.
15. ERRORS OR OMISSIONS
Any unintentional error or omission made by the Insured shall not void
or impair the insurance hereunder provided the Insured reports such
error or omission as soon as reasonably possible after discovery.
16. NOTICE OF LOSS
As soon as practicable after any loss or damage occurring under this
policy is known to the Insured's home office insurance department, the
Insured shall report such loss or damage with full particulars to:
Johnson & Higgins of Washington, D.C., Inc.
2021 K Street, N.W., Suite 215
Washington, D.C. 20006
for transmission to the Company.
17. PROOF OF LOSS
It shall be necessary for the Insured to render a signed and sworn proof
of loss to the Company or its appointed representative stating: the
place, time, and cause of the loss, damage, or expense; the interest of
the Insured and of all others; and the amount of loss, damage, or
expense.
18. APPRAISAL
If the Insured and this Insurer fail to agree on the amount of loss,
each, upon the written demand either of the Insured or of this Insurer
made within 60 days after receipt of proof of loss by the Insurer, shall
select a competent and disinterested umpire. If they should fail for 15
days to agree upon such umpire, then upon the request of the Insured or
of this Insurer, such umpire shall be selected by a judge of a court of
record in the appropriate jurisdiction in which such appraisal is
pending. Then, at a reasonable time and place, the appraisers shall
appraise the loss, stating separately the value at the time of loss and
the amount of loss. If the appraisers fail to agree, they shall submit
their differences to the umpire. An award in writing by any two shall
- 6 -
determine the amount of loss. The Insured and this Insurer shall each
pay his or its chosen appraiser and shall bear equally the other expens-
es of the appraisal and of the umpire.
19. ASSISTANCE AND COOPERATION OF THE INSURED
The Insured shall cooperate with this Insurer and, upon this Insurer's
request and expense, shall attend hearings and trials and shall assist
in effecting settlements, in securing and giving evidence, in obtaining
the attendance of witnesses, and in conducting suits.
20. PAYMENT OF LOSS
All adjusted claims shall be due and payable no later than 30 days after
presentation and acceptance of proof of loss by this Insurer or its
appointed representative.
21. REINSTATEMENT
Any loss hereunder shall not reduce the amount of this policy.
22. SUIT AGAINST THE INSURER
No suit or action on this policy for the recovery of any claim shall be
sustainable in any court of law or equity unless the Insured shall have
fully complied with all the requirements of this policy. The Insurer
agrees that any action of proceeding against it for recovery of any loss
under this policy shall not be barred if commenced within the time
prescribed therefor in the statutes of the State of New York.
23. CERTIFICATES OF INSURANCE
All parties to whom a certificate of insurance has been issued are
automatically added to this policy upon issuance of said certificates,
either as Additional Named Insureds or as Loss Payees, or both, in
accordance with the terms and conditions of said certificates.
24. CANCELLATION
8.
This policy may be cancelled at any time at the request of the
Insured or it may be cancelled by the Company by mailing to Insured
by registered mail to:
The Committee for the 50th American Presidential Inaugural
Washington, DC 20599
and to:
Johnson & Higgins of Washington, D.C., Inc.
2021 K Street, N.W., Suite 215
Washington, D.C. 20006
- 7 -
and to the Additional Named Insureds/Loss Payees indicated on the
certificates of insurance issued during the term of this policy,
written notice stating when, not less than 10 days thereafter, such
cancellation shall be effective.
b. The mailing of notice as aforesaid shall be sufficient proof of
notice and the effective date and hour of cancellation stated in
the notice shall become the end of the policy period. Delivery of
such written notice either by the Insured or by the Company shall
be equivalent to mailing.
25. EXTORTION
This insurance shall not be prejudiced by the refusal by the Insured to
comply with any extortion demand.
26. FULL WAIVER
The terms and conditions of this form and endorsements attached thereto
are substituted for those of the policy to which it is attached, all
terms, conditions and endorsements of latter being waived.
27. TITLES OF PARAGRAPHS
The titles of the paragraphs of this form and of endorsements and
supplemental contracts, if any, now or hereafter attached hereto are
inserted solely for convenience of reference and shall not be deemed in
any way to limit or affect the provisions to which they relate.
Attached to and forming part of Policy No. IMB 9313999 of the National Union
Insurance Company.
Authorized Signature
011585.25
- 8 -
Endorsement No. 1
It is hereby understood and agreed that the following locations are insured
locations under the terms of this policy:
The White House
1600 Pennsylvania Avenue, N.W.
Washington, DC
The Washington, D.C. Convention Center
900 Ninth Street, N.W.
Washington, DC
The D.C. Armory
2001 East Capitol Street
Washington, DC
The National Cathedral
Wisconsin at Massachusetts Avenue
Washington, DC
The U.S. Capitol Building
Washington, DC
The Jefferson Memorial
Washington, DC
The Washington Hilton Hotel
Connecticut at T Street, N.W.
Washington, DC
The Sheraton Washington Hotel
2660 Woodley Road, N.W.
Washington, DC
The Shoreham Hotel
2500 Calvert Street, N.W.
Washington, DC
The Smithsonian Air and Space Museum
7th Street at Independence Avenue, S.W.
Washington, DC
The Kennedy Center
Washington, DC
The Pension Building
F Street, N.W.
Washington, DC
The DAR Constitution Hall
1776 D Street, N.W.
Washington, DC
It is further agreed that for the purpose of this policy the bleachers and
media/speaker platforms along the parade route of the 50th American Presiden-
tial Parade shall be considered an insured location herein.
Attached to and forming part of Policy No. IMB 9313999 of the National Union
Insurance Company.
Barky
000
PRESIDENT
January 20, 1985
1985
THE COMMITTEE
FOR THE
50TH AMERICAN
MEMORANDUM TO THE FILE
PRESIDENTIAL
INAUGURAL
FROM:
KEMP HARSHMAN
Washington, D.C.
20599
SUBJECT:
INSURANCE RAMIFICATIONS OF PARADE
CANCELLATION
202/433-7100
Today, I telephoned Paulo Carega of Johnson and Higgins
Insurance Company at home to request information about the
Committee's insurance coverage in the event of a
cancellation of the Parade. I explained that I was at the
Committee preparing for a meeting to be held imminently. (I
called because no one had been able to locate a copy of the
Business Interruption Policy). I stated that the reason for
the discussions about Parade cancellation was the severe
cold and inclement weather conditions. He said that
participants would have medical coverage for any injuries
and that "there was no insurance problem." I asked what he
meant by that statement. Mr. Carega responded that the
insurance would protect the Committee according to the
terms of the policies.
I then asked if the Contingent Business Interruption Policy
would apply to any lost revenue and profits that would
result from Parade cancellation. It was his opinion that
the policy was "contingent" and would only apply if there
was property damage that forced a cancellation. He said
that the policy was written for the Balls and Gala and was
specific to the Convention Center and Ball sites. Mr.
Carega said that the policy was not written to apply to
cancellations due to weather conditions and that this was
never discussed with the underwriters.
I told Mr. Carega that I would be attending a meeting with
the Operations Division and said that we may call him by
speaker phone for further consultation if necessary. No
further calls were made.
3/4 mtg
G. Dyranics
let reinturant agreement lie- if Cox want or needs
smithing, sell at m know.
- drop out of permant office properal
ago quantions 2/13. soll out catil me zet
some guidance.
worked for
Detailee inne. Detailed to CSA, then
PIC.
Form on marketing List minds W.H. (24)
people ( done dwith). All voluteers.
FFF catant GAO to are what they med.
PIC: Rate have Soll, Fred Hale
Insurance question - LaFore mms. FFF: leavis
townd not filis it no real chance.
FFF to look at report. $19 not in (brese-out)
covern
re: affect on immare coverage.
Other sing
-DOO guidelic
- personal detailees
- club extite of whenter savings
do before Banker leaver Fridy 3/8
Paste of Ancies : Bill Anton claim $ 60,000
lose from failure to include pital in
tichet packets. (Red Caramy decision).
Other ligit claim. (Fred Hale)
30 anto univerts (B.Eoll to get lit). $50 K
deductible exposse total.
Cost check - $20,000 in investived claim. Ki polis
pring caurage, we're sunday any He
holds m harmless. Get cc of King
policy.
ATIONOF* VICE
February 22, 1985
1985
HAND DELIVER
THE COMMITTEE
FOR THE
50TH AMERICAN
PRESIDENTIAL
INAUGURAL
Fred F. Fielding, Esq.
Counsel to the President
Washington, D.C.
The White House
20599
Washington, D.C. 20500
202/433-7100
Re: Support Agreement Between DOD and PIC
Dear Fred:
I have tried to reach you several times to
discuss the enclosed agreement which John Roberts
has forward to me.
I find Article II, Section 1, reference to
the Economy Act inapplicable and we have agreed
not to recommend execution of this agreement to
Ron Walker.
I would appreciate discussing this with you
and would appreciate your giving me a call when
you have a minute.
Sincerely Pm yours,
Robert W. Barker
Enclosure
CC: John Roberts, Esq.
(w/o encl.)
OFFICE OF THE COMMANDING GENERAL
Headquarters
U.S. Army Military District of Washington
19 Jen 85
chairman, PIC
Ron, next under in a support
agreement upon which I'm re-
questing your signature. I
had hoped very much to get
it up to you earlier, but
staffing requirements on both
side slowed the process down too
much.
T his agreement does not
represent an irretrievable commit-
ment, but does provide the
OFFICE OF THE COMMANDING GENERAL
Headquarters
U.S. Army Military District of Washington
Defense Department a legal bosis
to provide invoices and re-
quest reimbursement. we'll pro-
vide separate invoice for dif-
frent items to facilitate pro-
cessing should any expenses re-
quiel negotiation We've worked
this with your staff. I
understand they have no
problem, with it.
Last under in an in-
formal listing of expenses
2
OFFICE OF THE COMMANDING GENERAL
Headquarters
U.S. Army Military District of Washington
We've identified so for.
There will probably be several
additional items before we're
done.
If you have any
questions, please contact me.
After signing, please have your
stoff return a copy.
Respectfully,
John Ballantme
3
Chairman, AFIC
1985 Presidential Inauguration Support Agreement
Between
Department of Defense
and
The 1985 Presidential Inaugural Committee
Article I Purpose
This support agreement establishes procedures and guidelines
for the reimbursement of services and equipment provided by
the Department of Defense (DOD) to the 1985 Presidential
Inaugural Committee (PIC). The 1985 Presidential Inaugural
Committee will use the services and equipment furnished in
accordance with this agreement for the 1985 Presidential
Inauguration in Washington, D.C. It is understood that
reimbursement will be made for DOD support set out in Article
IV, including support which has already been provided prior
to the date of this agreement.
Article II Authority
1. This agreement is' entered into pursuant to the Economy
Act (31 USC 1535), 10 USC 2667, and with applicable Federal
Procurement Regulations.
2. Presidential Inaugural Ceremonies Act, 30 USC 721-730 and
10 USC 2543.
3. DOD Directive 4000.19, Basic Policies and Principles for
Interservice, Interdepartmental and Interagency support.
4. The 1985 Presidential Inauguration Support by the
Department of Defense, Guidelines (seventh draft).
5. Memorandum for Secretary of Defense from DOD General
Counsel and ASD (PA) 30 Nov 84, defining the PIC as an
instrumentality of the United States for the purposes of the
Economy Act.
Article III Procedures
The Department of Defense will:
1. Provide equipment and services, in response to a request
from the PIC or support provided with the knowledge of the
PIC, in accordance with authorities listed in Article II
above. Nothing in this agreement mandates DOD to grant
approval to all requests for support received from the PIC.
2. Provide to PIC an itemized list of estimated costs of all
support provided.
3. Provide financial cost accounting and selected management
information data, as requested, to the PIC. Proper adjust-
ments of any accounts containing advance payments shall be
made on the basis of actual cost of equipment and services provided.
2
4. The DOD may waive any costs associated with the support
provided, except for direct costs.
The 1985 Presidential Inaugural Committee will:
1. If time and circumstances permit, provide a written
request for DOD support that describes their needs and
explains why the support cannot be provided by the private
sector.
2. Reimburse DOD for all services the PIC receives pursuant
to this agreement, unless reimbursement is waived.
Article IV Reimbursement Guidelines
1. The DOD will not seek reimbursement of costs associated
with:
a. Military ceremonial support to the inaugural cere-
mony, parade, and the inaugural balls/galas.
b. Medical and safety support provided under 10 USC
2543.
2. The PIC will reimburse DOD costs of providing equipment
and services not associated with a military function.
3
Article V Effective Date
This support agreement shall become effective upon the date
of approval of the last signatory below and shall apply
retroactively to all DOD support.
Approved for the Department of Defense
by John Ballantme
date 18 Jan 1985
Major General John L. Ballantyne
Chairman, Armed Forces Inaugural Committee
Approved for the 1985 Presidential Inaugural Committee
by
date
Mr. Ron Walker
Chairman, Presidential Inaugural Committee
4
Currently known items for which PIC reimbursement
is anticipated:
DESCRIPTION
COST
62 ea 1/2T Jeeps
1,000.00
GSA vehicle lease
342.64
Portajohns (11620x60%)
6,972.00
Fence Posts (Picket) (566x60%)
339.60
Dumpster (525x60%)
315.00
Speakers
1,200.00
Scaffolding
152.00
Bullhorns
1,360.00
Entertainment Company . (Belvoir)
31,427.00
Box lunches (Myer)
1,537.50
Box lunches (Andrews)
2,250.00
Box lunches (Bolling)
1,500.00
Box lunches (Comb. Medical Team)
UNK
TOTAL TO DATE
$48,395.74
NOTE: This is not a bill. Additional items
may be identified.
+
?
white gloves
55 $ 6,000
Flyover
THE WHITE HOUSE
WASHINGTON
April 11, 1985
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS offor
SUBJECT:
Request to Furnish Financial Information
on 50th Inaugural to Accountants
This item may be closed out. As I have discussed with Mr.
Fielding, Bruce Soll is responding to the accountants'
request.
Attachment
299756
ID #.
CU
Dg
F6001-03
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H . INTERNAL
R
I * INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Frederich Hale
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: as Caunsel our 50th Inaugural request to
furnish information to accountants
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOLL
ORIGINATOR DOSD3,11
/
/
Referral Note:
CUAT 18
D
585103122
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B . Non-Special Referral
S Suspended
D Draft Response
S For Signature
F . Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
299756
cu
PRESIDE
======
PRESIDENT
1985
THE COMMITTEE
March 11, 1985
FOR THE
50TH AMERICAN
PRESIDENTIAL
INAUGURAL
Washington, D.C.
20599
Fred F. Fielding, Esquire
202/433-7100
General Counsel
Committee for the 50th
American Presidential Inaugural
The White House
Washington, DC 20500
Dear Fred:
Our auditors are performing an examination of our financial statements.
Please furnish to them the information requested below involving matters
as to which you have been engaged and to which you have devoted substan-
tive attention on behalf of the Committee for the 50th American
Presidential Inaugural (Committee) in the form of legal consultation or
representation. Please provide the information requested below taking
into consideration matters that existed at February 28, 1985 and for the
period from that date to the date of your response. Your response
should be sent to our auditors, Peat, Marwick, Mitchell & Co.
1990 K Street, N.W.
Washington, D.C. 20001
Pending or Threatened Litigation
(excluding unasserted claims and assessments)
Please furnish to our auditors a list of all litigation, claims, and
assessments (excluding unasserted claims and assessments) considered by
Management to be mutual. Information regarding each case should
include:
1. The nature of the litigation,
2. The progress of the case to date,
3. How management is responding or intends to respond to the
litigation; e.g. to contest the case vigorously or to seek
out-of-court settlement, and
4. An evaluation of the likelihood of an unfavorable outcome
and an estimate, if one can be made, of the amount or
range or potential loss.
Fred F. Fielding
March 11, 1985
Page 2 of 2
Unasserted Claims and Assessments
Please furnish a list of all unasserted claims and assessments
considered by the Committee to be probable of assertion and, if
asserted, to have at least a reasonable possibility of an unfavorable
outcome. Information regarding each case should include:
1. The nature of the matter,
2. How management intends to respond if the claim is
asserted, and
3. The possible exposure if the claim is asserted.
We understand that whenever, in the course of performing legal services
for us with respect to a matter recognized to involve an unasserted
claim or assessment which may call for financial statement disclosure,
you have formed a professional conclusion that we should disclose or
consider disclosing such possible claim or assessment, as a matter of
professional responsibility to us you will so advise us and will consult
with us concerning the question of such disclosure and the applicable
requirements of Statement of Financial Accounting Standards No. 5.
Please specifically confirm to our auditors that our understanding is
correct.
We have assured our auditors that your list of unasserted claims and
assessments includes all such claims and assessments that you have
advised us are probable of assertion and must be disclosed in accordance
with Statement of Financial Accounting Standards No. 5.
Other Matters
Please identify the nature and reasons for any limitation on vour
response. The scheduled completion date of the auditors' examination is
such that you should send your letter to Peat, Marwick, Mitchell & Co.,
on or about March 15, 1985.
Very truly yours,
-Fred Harra
Frederick G. Hale
Chief Financial Officer
cc: Bruce Soll