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HomeMy WebLinkAboutItem 06.pOctober 12, 2010 Proposed Action Overview Thomas E. Vonhof Chief of Police Item No. LAKEVILLE POLICE DEPARTMENT TO ENTER INTO A LIABILITY WAIVER AND INDEMNIFICATION AGREEMENT Staff recommends adoption of the following motion: Move to approve the Liability Waiver and Indemnification Agreement with the cities of Apple Valley and Eagan. Passage of this motion will result in the Lakeville Police Department representatives of the Dakota County MAAG (Multi Agency Assistance Group) using the firearms training facility provided by the cities of Apple Valley and Eagan. The Lakeville Police Department is partnering with 10 other government entities in Dakota County to train in joint response to critical incidents or high risk entries occurring within and outside the City of Lakeville. The cities of Apple Valley and Eagan are requiring member agencies of MAAG to sign a liability waiver and indemnification agreement to allow our MAAG representatives use of the facility. Use of this facility will enable MAAG members to conduct training essential to managing high -risk situations associated with the operation of a tactical team. Our agency MAAG representatives have previously used this facility for the past several years without a waiver agreement. A revised joint powers agreement was executed by the City of Lakeville in June 2010. Primary Issues to Consider • The City is required to assume all risk of injury, illness, damage or loss that may result through use of the facility. Supporting Information • See attached Firearms Training Facility Liability Waiver and Indemnification. Financial Impact: $0 Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: By: By: FIREARMS TRAINING FACILITY LIABILITY WAIVER AND INDEMNIFICATION 1. DISCLAIMER, This Liability Waiver and Indemnification Agreement is applicable to all users of the firearms training facility (the "Property") provided by the City of Apple Valley and the City of Eagan (hereinafter collectively referred to as the "City"). For the purposes of this Agreement, the term "City" includes all employees, agents, representatives, servants and assigns of the City. The undersigned agrees that it is signing this Agreement on behalf of all of its employees, agents, representatives, servants and assigns, The undersigned agrees that it will disclose to the City all users and occupants of the Property intended by the undersigned, The undersigned further agrees that in the event that it fails to notify the City of all potential occupants or users of the Property, the undersigned will be liable for all damages to the undisclosed occupants or users, even if such damage arises out of the negligence of the City. EXPRESS ASSUMPTION OF RISK. The undersigned agrees that it is voluntarily participating in all activities related to the operation or use of the Property and assumes all risk of injury, illness, damage or loss that may result, including death, even if the risks arise out of the negligence of the City. The undersigned agrees to use the Property in the manner intended for its use and in compliance with all laws, ordinances, rules and regulations of any and all state and local governmental authorities. 3. WAIVER AND RELEASE OF LIABILITY. By the execution of this Agreement, the undersigned agrees that the City shall not be liable for any damages arising from personal injuries or death and/or property loss sustained by the undersigned or any of its employees, agents, servants or assigns, as a result of any and all activities related to the operation or use of the Property. The undersigned assumes full responsibility for any injuries, death or damages which may occur and further agrees that the City shall not be liable for any Ioss or theft to personal property. The undersigned specifically agrees that the City shall not be responsible for any injuries, death, damages, loss or theft, even in the event of negligence by the City, whether such negligence is known at the signing of this Agreement or takes place in the future, This Agreement does not apply to the gross negligence or intentional torts committed by the City. 4. LIABILITY TO THIRD PARTIES. The undersigned hereby agrees that it will indemnify and hold harmless the City for all personal injuries, death, property damages or any other damages to any and all third parties as a result of any and all activities related to the operation or use of the Property by the undersigned, even if such damage arises out of the negligence of the City. 5. SEVERABIL1TY. The undersigned agrees that in the event that any term or any part of this Agreement is determined to he void or unenforceable, such term or part of a tCLUI shall be considered separate and severable from this Agreement and the remaining terms shall continue in full force and effect, 6. SURVIVAL. The undersigned hereby agrees that the provisions of this Agreement shall survive the termination of any and all use and operation of the Property by the undersigned. 7. NO WAIVER. Nothing in this Agreement should be deemed a waiver by the undersigned or by the City of the limitations on liability set forth in Minnesota Statutes, Chapter 466. Date Date