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1 RESOLUTION NO. 2 5 2 .
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CI~~Y OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
4 AGREEMENT BETWEEN AUBURN SCHOOL DISTRICT NO. 400 AND THE CITY
OF AUBURN, FOR THE PURPOSE OF ISSUING A SPECIAL COMMISSION TO
5 SECURITY OFFICERS EMPLOYED BY THE SCHOOL DISTRIc~r.
6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
8 Section 1. The Mayor and City Clerk of the City of
9 I
Auburn are herewith authorized to execute an AgrE~ement between
10 Auburn School District No. 408 and the City, for the purpose
11 of issuing special commission to the security officers
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12 employed by the School District. A copy of said Agreement
13 denominated as Exhibit "A" is attached hereto andl incorporated
14 herein.
15 Section 2. The Mayor is hereby authorized to implement
16 such administrative procedures be to
as may necessary carry
17 out the directives of this legislation.
18 DATED and SIGNED this 6th day of June, 1994.
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20 CITY OF AUBURN
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22 ~ Co a.JJ
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24 MAYOR
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Resolution No. 2524
May 17,1994
Page 1
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Resolution No. 2524
May 17, 1994
Page 2
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4 ATTEST:
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7 Robin W
City Cl
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10 APPROVED AS TO FORM
11 JJ~
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13 Michael J. Reynolds,
Acting City Attorney
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ORIGINAL
1 AGREEMENT
2 BETWEEN CITY OJ' AUBURN
AND
3 AUBURN SCHOOL DISTRICT NO. 408
4
5 THIS AGREEMENT is made and entered into thisl ~ day of
6 June, 1994, by and between the CITY OJ' AUBURN, WASHINGTON, a
7 municipal corporation of the State of Washington, hereinafter
8 referred to as "CITY" whOse address is 25 West Main Street,
9 Auburn, WA 98001, and AUBURN SCHOOL DISTRICT NO. 408, a school
10 district formed under the laws of the State of Washington,
11 whose address is 915 4th street N.E. , Auburn, Washington,
12 hereinafter referred to as "SCHOOL DISTRICT";
13 In consideration of the covenants and condi1:ions herein,
14 the parties agree as follows:
15 SECTION 1. PURPOSE. The parties agree and understand
16 that the City of Auburn Police Department issulas a special
17 commission to the security officers employed by the SCHOOL
18 DISTRICT, hereafter referred to as "security officers". The
19 parties further agree and understand that the City of Auburn
20 Police Department does not conduct actual training of the
21 SCHOOL DISTRICT employees. Moreover, the City of Auburn
22 Police Department does not supervise the SCHOOL DISTRICT
23 employees. The parties acknowledge that the SCHOOL DISTRICT
24 employees have provided cooperation and assistance to the
25 Auburn Police Department in the enforcement of 1:he criminal
26 ---------------------------------------------------------..
Agreement - Auburn School District NO..408
Resolution No. 2524 Exhibit "A" {A-ASD}
May 19,1994
Page 1
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2 laws of the state of Washington. The purpose of this
3 Agreement is to allocate any liability arising from the acts
4 of the SCHOOL DISTRICT security officers tC) the SCHOOL
5 DISTRICT pursuant to RCW 10.93.040.
6 Section 2. INSURANCB. The SCHOOL DISTRICT agrees to
7 maintain at its own cost for the duration that the specially
8 commissioned security officers are employed by the SCHOOL
9 DISTRICT, comprehensive public liability insurance. The
10 insurance coverage should include claims for injury or damage
11 to any person or property arising out of the acts, negligence
12 or omission of the security officers of the SCHOOL DISTRICT,
13 its agents and employees, and including insurance coverage for
14 false arrest claims. The amount of the insurancE~ shall be in
15 a combined single limit of not less then One Million Dollars
16 ($1,000,000). The policy shall also provide nCJt less then
17 thirty (30) days notice of any cancellation, modification or
18 change in the limits or coverage of the policy. II. certificate
19 of insurance shall be provided to the CITY within thirty (30)
20 days from the date this Agreement is signed by the SCHOOL
21 DISTRICT.
22 SECTION 3. INDEMNIFICATION. The SCHOOL DISTRICT agrees
23 to indemnify, defend, and hold harmless the CITY OF AUBURN,
24 its officers, agents and employees or any of thE!m, from any
25 and all claims, actions, suits, liability loss cost of
26 ---------------------..-------------------------------------
Agreement - Auburn School District No. 408
Resolution No. 2524 Exhibit "A" {A-ASD}
May 19, 1994
Page 2
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2 expenses, and damages of any nature whatsoever, by reason or
3 arising out of any act or omission of the SCHOOL DISTRICT, its
4 security officers, agents and employees or any' of them, in
5 arresting, detaining, charging, prosecuting, or transporting
6 persons incidental to enforcement of the criminal laws of the
7 state of Washington.
8 In the event that any suit based upon such claim, action,
9 loss or damages is brought against the CITYj, the SCHOOL
10 DISTRICT shall defend the same at its sole cost and expense;
11 provided that, the CITY retains the right to participate in
12 the suit if any principle of governmental or public law is
13 involved; and if final jUdgment be rendered agai.nst the CITY
14 and its officers, agents and employees or any of them or
15 jointly against the CITY and the SCHOOL DISTRICT and their
16 respective officers, agents and employees or any of them, the
17 SCHOOL DISTRICT shall satisfy the same and shall also be
18 responsible for all costs and expenses of defense.
19 In the event that the SCHOOL DISTRICT officers are
20 assisting in "backing up" City of Auburn Policl9 Department
21 officers, the CITY agrees to indemnify, defend and hold
22 harmless the SCHOOL DISTRICT, its officers, agents and
23 employees or any of them, from any and all claims, actions,
24 suits, liability, loss, costs of expenses and damages by
25 reason or arising out of any act or omission of the CITY, its
26 ---------------------------------------------------------~
Agreement - Auburn School District No. 408
Resolution No. 2524 Exhibit "A" {A-ASD}
May 19,1994
Page 3
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2 officers, agents and employees in arrestin~J , detaining,
3 charging, prosecuting or transporting persons incidental to
4 enforcement of the criminal laws of the state of Washington.
5 In the event that any suit based upon such c:laim, action,
6 loss or damages is brought against the SCHOOL DISTRICT, the
7 CITY shall defend the same at its sole cost and expense;
8 provided that, the SCHOOL DISTRICT retains 1:he right to
9 participate in the suit if any principle of governmental or
10 public law is involved; and if final judgment be rendered
11 against the SCHOOL DISTRICT and its officers, agents and
12 employees or any of them or jointly against: the SCHOOL
13 DISTRICT and the CITY and their respective officers, agents
14 and employees or any of them, the CITY shall satisfy the same
15 and shall also be responsible for all costs and expenses of
16 defense.
17 SECTION 4. DIRECTION AND CONTROL. The parties agree and
18 understand that the security officers are employed and under
19 the direct supervision and control of the SCHOOL DISTRICT and
20 not the City of Auburn Police Department. ' The SCHOOL DISTRICT
21 and the City of Auburn Police Department agree to cooperate in
22 the setting of policy concerning the enforcement of criminal
23 laws on SCHOOL DISTRICT property.
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Agreement - Auburn School District No. 408
Resolution No. 2524 Exhibit "A" {A-ASD}
May 19.1994.
Page 4
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CITY 01'. AUBUlttf
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~ G. JJo~
MAYOR
ATTEST:
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~iJtLA.li;bkAJ
Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM:
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Michael J. Reynolds,
Acting City Attorney
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AUBURN SCHOOL DISTRICT #408
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Title:
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ApPROVED AS TO FORM:
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Michael J. Reynolds, Attorney,
Auburn School District
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Agreement - Auburn School District No. 408
Resolution No. 2524 Exhibit "A" {A-ASD}
May 19,1994
Page 5