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HomeMy WebLinkAbout2524 , ~.. , , . . . , 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 a 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. 19 20 CITY OF AUBURN 21 22 ~ Co a.JJ 23 24 MAYOR 25 26 ---------......----..------------- Resolution No. 2524 May 17,1994 Page 1 . Resolution No. 2524 May 17, 1994 Page 2 . . 1 2 3 4 ATTEST: 5 6 ~ 7 Robin W City Cl 8 9 10 APPROVED AS TO FORM 11 JJ~ 12 13 Michael J. Reynolds, Acting City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 0L/ ,. 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 1 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 1 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 <. , . . . . 1 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. 24 25 26 ________________..__________00_______.._______________________.._.. Agreement - Auburn School District No. 408 Resolution No. 2524 Exhibit "A" {A-ASD} May 19.1994. Page 4 '. J .!", ..,., 1 CITY 01'. AUBUlttf 2 3 4 5 6 ~ G. JJo~ MAYOR ATTEST: 7 8 ~iJtLA.li;bkAJ Robin Wohlhueter, City Clerk 9 10 11 APPROVED AS TO FORM: tu\ Michael J. Reynolds, Acting City Attorney 12 13 14 15 AUBURN SCHOOL DISTRICT #408 19 20 Title: 16 17 18 21 22 ApPROVED AS TO FORM: ,,~~ 23 24 Michael J. Reynolds, Attorney, Auburn School District 25 26 --------------------------------------------------..--------- Agreement - Auburn School District No. 408 Resolution No. 2524 Exhibit "A" {A-ASD} May 19,1994 Page 5