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HomeMy WebLinkAboutRES RES. NO. 18-03-469 - 03/19/2018 - Agreement -3rd Party Use of a Mobile Fire Tng UnitSTATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 18-03-469 A RESOLUTION OF THE CITY OF MILTON, GEORGIA APPROVING A RELEASE, ACKNOWLEDGMENT AND INDEMNITY AGREEMENT IN CONNECTION WITH THIRD PARTY USE OF A MOBILE FIRE TRAINING FACILITY WHEREAS, Section 1. 12, paragraphs (a) and (b)(7), of the Charter of the City of Milton, Georgia ("City") generally empowers the City to enter into contracts in furtherance of governmental operations and the provision of authorized services, and Section 1.12, paragraph (b)(27), of the Charter empowers the City to provide fire protection services; and WHEREAS, Article IX, Section III, Paragraph I of the Georgia Constitution allows the City to contract with other public entities for joint use of facilities; and WHEREAS, the City of Milton Fire -Rescue Department has procured a mobile fire training facility and wishes to allow outside agencies and civilians (collectively "Third -Party Users") to use the facility, subject to the Third -Party Users' agreement to release and indemnification terms protective of the City; WHEREAS, the City of Milton Fire -Rescue Department and the City Attorney have prepared a Release, Acknowledgement and Indemnity Agreement that each Third -Party User will be required to execute as a condition of access to the mobile fire training facility; and WHEREAS, the City Council desires that the Release, Acknowledgement and Indemnity Agreement constitute a binding contract with each Third -Party User, without the need for separate approval of each executed agreement by the City Council; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City hereby approves the form of the Release, Acknowledgment and Indemnity Agreement attached hereto as Exhibit A, and authorizes the staff of the Fire -Rescue Department to use the same in connection with its citizen training programs. 2. The approval provided herein is intended to satisfy the approval requirements set forth in Section 6.30 of the City Charter and any other approval requirements imposed by law that may be required to render the Release, Acknowledgement and Indemnity Agreement a binding contract. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, this 19th day of March, 2018. Attest: 2??�7 Sudie Gordon, City Clerk Joe Lockwood, Mayor Exhibit "A" M 11,_T(_!_N*k ESTNBLISHED 2006 MILTON FIRE -RESCUE DEPARTMENT RELEASE, ACKNOWLEDGEMENT AND INDEMNITY AGREEMENT In consideration of being allowed to use the City of Milton Mobile Fire Training Facility (the "Facility"), I agree as follows: 1, acknowledge that use of the Facility may involve exposure to fire and other inherently dangerous hazards and may require good physical conditioning and a degree of skill and knowledge. I assume the risks of using the Facility, which include, but are not limited to, serious personal injury, partial or permanent disability, property damage, and death. To the full extent allowed by law, I do hereby release, discharge, covenant not to sue, and agree to defend, indemnify and hold harmless, the City of Milton and the Milton Fire -Rescue Department and their officers, employees, agents, attorneys, insurers, and representatives (each a "Milton Party") from and against any and all demands, claims, payments, obligations, actions or cause of action, losses, damages, penalties, fines, liabilities, costs, and expenses that arise out of my use of the Facility, including without limitation all loss and damage arising from any property damage, injury or claim of injury to, or death of, any person, including any agents of a Milton party, and even if a Milton Party is the sole cause. This Agreement will be governed by Georgia law, will be interpreted to comply with the requirements of Georgia public policy, and to the extent required by law will not serve as a release for willful or wanton conduct or gross negligence by a Milton Party. Should any part of this Agreement be found illegal, invalid or unenforceable, the offending portion of the Agreement should be modified, and the remainder of this Agreement will remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion modified to conform to the law. This Agreement supersedes and replaces any previous agreements and oral communications between any Milton Party and me. This Agreement will bind my heirs, successors, assigns, executors/administrators, subrogates, and anyone else that may claim by, through, or on behalf of me. I certify that I have read, understand, and voluntarily accept the terms above. Print Name Date Signature Witness Signature This Agreement has been approved as to form by the City Attorney.