HomeMy WebLinkAbout20101101 - VI-03To: Mayor Hicks & City Councilmembers
From: Paul P. Schnell, Chief of Police
Date: October 26, 2010
Item: Liability Waiver for Use of Firearms Training Facility
Council Action Requested:
Approval of Liability Waiver and Indemnification Agreement for use of the firearms training
facility provided by the City of Apple Valley and City of Eagan.
Background Information:
The Hastings Police Department personnel continue to have an active role in the Dakota County
MAAG (Mutual Aid Assistance Group) Team, which provides essential special weapons and
tactics services in high risk law enforcement operations. MAAG Team members regularly train
and utilize a firearms training facility jointly provided and controlled by the City of Apple Valley
and City of Eagan. As the providers of the training facility, Apple Valley and Eagan, seek a
waiver of liability for incidents that may arise out of use of the site. All Hastings Police
personnel using the training facility are training in and on -duty capacity.The Waiver and
Indemnification has been reviewed by Hastings City Attorney Dan Fluegel, who recommends
approval.
Financial Impact:
None
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• N/A
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City Council Memorandum
FIREARMS TRAINING FACILITY
LIABILITY WAIVER AND INDEMNIFICATION
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.
2, 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.
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 loss 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.
SEVERABILITY. The undersigned agrees that in the event that any term or any part of this
Agreement is determined to be void or unenforceable, such term or part of a term shall be
considered separate and severable from this Agreement and the remaining tenns 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.
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