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HomeMy WebLinkAbout2754 1 RESOLUTION NO 2 7 5 4 ���� 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING 4 COUNTY, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS BETWEEN THE CITY AND OUTSIDE AGENCIES FOR 5 USE OF THE AUBURN POLICE DEPARTMENT RANGE FACILITY 6 7 WHEREAS, the City of Auburn owns and operates a range 8 facility within the city limits of Auburn, King County, 9 Washington; and 10 WHEREAS, Outside Agencies have officers for whom the 11 range facility would be of use and benefit in their training; 12 13 and 14 WHEREAS, it is of mutual benefit to the City and Outside 15 Agencies to execute agreements for use of the range facility; 16 and 17 WHEREAS, an agreement has been proposed for execution 18 19 between the City and Outside Agencies 20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 21 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 22 RESOLVES AS FOLLOWS 23 24 25 26 Resolution No 2754 June 26, 1996 Page 1 1 Section 1 . The Mayor and City Clerk of the City of 2 Auburn are hereby authorized to execute Agreements between the 3 City and Outside Agencies for the purpose of providing use of 4 5 the Auburn Police Department range facility A copy of said 6 Agreement is attached hereto, designated as Exhibit "A" and 7 incorporated by reference in this Resolution 8 Section 2 . The Mayor is hereby authorized to implement 9 such administrative procedures as may be necessary to carry 10 11 out the directives of this legislation 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2754 June 26, 1996 Page 2 1 DATED and SIGNED this al/1 day of August, 1996 2 3 4 CITY OF AUBURN 5 6 aQ les I�1_ eA 7 CHARLES A BOOTH 8 MAYOR 9 10 ATTEST 11 12 13 434(4---"H Robin Wohlhueter, 14 City Clerk 15 16 17 18 APPROVED AS TO FORM 19 20 ' 21 Michael Reynolds, 22 City Attorney 23 24 25 26 Resolution No 2754 June 26, 1996 Page 3 �- ORc/H,�I 1 AGREEMENT FOR OUTSIDE AGENCY USE OF THE AUBURN POLICE 2 DEPARTMENT RANGE FACILITY 3 THIS AGREEMENT is made and entered into this day of 4 , 19 , by and between the CITY OF AUBURN, 5 6 hereinafter referred to as "CITY" , through its Police 7 Department, and hereinafter 8 referred to as "OUTSIDE AGENCY" 9 WHEREAS, the CITY owns and operates a range facility 10 within the city limits of Auburn, King County, Washington; and 11 12 WHEREAS, the OUTSIDE AGENCY has officers for whom the 13 range facility would be of use and benefit in their training; 14 and 15 WHEREAS, it is of mutual benefit to both parties hereto 16 that this agreement be executed providing for use of the range 17 18 facility by OUTSIDE AGENCY 19 NOW, THEREFORE, in consideration of the mutual covenants 20 and benefits contained herein, IT IS AGREED BY THE PARTIES AS 21 FOLLOWS 22 1 Scheduling for Use. For the term of this agreement, 23 24 officers of the OUTSIDE AGENCY may use the Auburn range 25 26 Exhibit"A"to Res 2754 Range Facility Use Agreement July 17, 1996 Page 1 {I:/legal/agree/hh-range} 1 facility on a scheduled basis Such use can be scheduled by 2 giving the range facility manager notice thereof, with the 3 4 number of persons involved, at least thirty days in advance of 5 the intended use The range manager shall have authority to 6 schedule such use in a manner which does not conflict with other uses of the range facility and may waive the thirty day 8 notice 9 10 2 Requirements for Use. For purposes of Section 1 11 above, only those weapons approved by the CITY range manager 12 will be authorized for use at the Auburn range facility All 13 OUTSIDE AGENCY officers using the range facility shall be 14 subject to and abide by all range rules and regulations 15 16 implemented by the CITY for the range facility Copies of 17 range facility rules will be handed out to all officers using 18 the facility and all officers shall follow all directions and 19 requests given by the range facility manager The CITY may 20 refuse entry to or use of the range facility by any 21 22 officer (s) /person (s) who fail to abide by such rules and 23 regulations 24 25 26 Exhibit"A"to Res 2754 Range Facility Use Agreement July 17, 1996 Page 2 1 3 Payment of Fee. In consideration for the use of the 2 range facility, the OUTSIDE AGENCY shall pay to the CITY the 3 sum of One Thousand ($1, 000 00) Dollars per calendar year or, 4 5 if the OUTSIDE AGENCY begins use of the range facility during 6 the calendar year, a prorated fee agreed upon in writing by 7 both parties to be based upon the One Thousand Dollar annual 8 fee Payment of the fee will entitle the OUTSIDE AGENCY at 9 least twenty-four (24) range dates during a full calendar year 10 11 or a prorated number to be agreed upon if OUTSIDE AGENCY 12 begins use of the range facility during the calendar year 13 Payment of the fee shall be made prior to the OUTSIDE AGENCY' S 14 first use of the range facility 15 4 Hold Harmless and Indemnification. The City of 16 17 Auburn shall not be responsible for any accidents, losses, 18 damage or injuries suffered by Outside Agency, its officials, 19 employees, officers and agents while using the range facility, 20 except for losses arising out of the City of Auburn' s sole 21 negligence For and in consideration of the use of the Auburn 22 23 Police Department' s Pistol Range, Outside Agency does hereby 24 promise to indemnify, defend and hold harmless the CITY OF 25 26 Exhibit"A"to Res 2754 Range Facility Use Agreement July 17, 1996 Page 3 (I:/legal/agree/hh-range} AUBURN, its officials, officers, employees and agents from and 2 against any and all claims, demands and/or causes of action of 3 any kind or character whatsoever arising out of or relating to 4 5 the Outside Agency' s use of the range facility, including but 6 not limited to, all claims by any of Outside Agency' s 7 personnel, employees or agents for personal injury, death or S damage to their persons or property The City of Auburn 9 retains the right to participate in any suit if any principle 10 11 of governmental or public law is involved Hold harmless 12 provisions shall not apply to losses arising out of the City 13 of Auburn' s sole negligence The provisions of this section 14 shall survive the expiration or termination of this Agreement 15 5 Liability Insurance Required. The OUTSIDE AGENCY 16 17 shall be required to file with the City Clerk' s Office, as a 18 condition of the use of the range facility, evidence, which is 19 acceptable to CITY, reflecting combined single limit liability 20 insurance coverage of One Million Dollars or more per 21 occurrence and evidence that the CITY is named as an 22 23 additional insured on OUTSIDE AGENCY' S liability insurance 24 policy In the event OUTSIDE AGENCY is a member of a self- 25 26 Exhibit"A"to Res 2754 Range Facility Use Agreement July 17, 1996 Page 4 I insured pool, a letter confirming coverage as provided above 2 must be submitted by the insured pool to the CITY 3 5 Term of Agreement. The term of this agreement shall 4 5 commence on the date here signed and continue to including 6 December 31, 19 7 8 CITY OF AUBURN 9 10 1 C`,���� 11 3 0 MAYOR 12 13 ATTEST 14 15 / 16 Robin Wohlhueter 17 City Clerk 18 APPROVED AS TO FORM 19 20 ' i , . 1 21 Michael J Reynolds 22 City Attorney 23 24 25 Exhibit"A"to Res 2754 26 Range Facility Use Agreement July 17, 1996 Page 5 {I:/legal/agree/hh-range} CAW O ► CHARLES A.BOOTH,MAYOR' AUBURN CITY CLERK Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001 Dani Daskam, Deputy City Clerk City Clerk:(206)931-3039 Tame Bothell,Records/License Clerk Business Registration:(206)931-3007 Fax:(206)931-3053 ,SCSI rirt )I[le STATE OF WASHINGTON) ss. COUNTY OF KING I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2754 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2754 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 5th day of August, 1996 Witness my hand and the seal of the City of Auburn this 19th day of September, 1996 IU/ah/L/A / k Robin Wohlhueter City Clerk City of Auburn • -r