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HomeMy WebLinkAboutRESOLUTION NO 17 05 425I I I STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 17-05-425 A RESOLUTION OF THE CITY OF MILTON, GEORGIA APPROVING A RELEASE AND INDEMNITY AGREEMENT IN CONNECTION WITH POLICE-CITIZEN TRAINING ACTMTIES 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 operation and the provision of authorized services; and WHEREAS, Section 1.12, paragraph (b )(27), of the Charter of the City of Milton, Georgia ("City") empowers the City to provide police services; and WHEREAS, the City of Milton Police Department has implemented certain outreach programs to provide citizens with training in police practices, and the City desires to limit its liability in connection with offering such training programs to the public; and WHEREAS, the City of Milton Police Department and the City Attorney have prepared a Release and Indemnity Agreement that each citizen participating in a police training program will be required to execute; and WHEREAS, the City Council desires that the Release and Indemnity Agreement constitute a binding contract with each citizen participant, 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: I. The City hereby approves the form of the Release and Indemnity Agreement attached hereto as Exhibit A, and authorizes the staff of the Police 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 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 15th day of May, 2017. Joe Lock~ Attest: Sudie Gordon, City Clerk . I I I Print ame Address City Telephone M1BELT01\T ~ ESTABLISHED 2006 MILTON POLICE CITIZEN TRAINING RELEASE AND INDEMNITY AGREEMENT State Zip Date of Birth WHEREAS, the undersigned has voluntarily elected to participate in a training program, in a controlled environment for educational purposes only, and all potential hazards have been explai ned and understood; and WHEREAS, the undersigned desires to participate in the training at his/her own risk, recognizing the possible and inherent dangers associated with the training activities; OW, THEREFORE, in consideration of the City of Milton allowing the undersigned to participate in training and other good and valuable consideration, the undersigned does hereby agree with the City of Milton as follows: I. The undersigned acknowledges that the training provided, particularly when involving the use of firearms or other police equipment, contains inherent risk of damage to property and personal illness or injury, including loss of hearing, loss of eyesight, permanent disability and death; 2. The undersigned represents that the personal information provided on this form is accurate and that he/she has the physical and mental capacity to safely participate in the training; 3. To the full extent permitted by law, the undersigned assumes responsibility for, and assumes the risk of, any injury or damage to his/her person or property, known and unknown, which may occur, directly or indirectly, in connection with the training provided; 4. To the full extent permitted by Jaw, the undersigned fully and forever releases, discharges, waives right of subrogation, and agrees not to sue, the City of Milton and the State of Georgia, and their officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers, from any and all claims, liability, judgments, losses, demands, damages, right of action or causes of action, present or future, whether the same be known anticipated or unanticipated, in connection with the training 2006 Heritage Walk Milton. GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0000 I I provided, including during the class, and before or after the class while on City of Milton property or while accompanying any City of Milton Police Department officer; 5. The undersigned shall defend, indemnify and hold harmless the City of Milton and the State of Georgia, and their officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers, from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense, which may arise from or be the result of actual or alleged acts or omissions on the part of the undersigned in connection with the training, including during the class, and before or after the class while on City of Milton property or while accompanying any City of Milton Police Department officer; 6. This Release and Indemnity Agreement will be in full force and effect at all times after the execution hereof, and will bind the undersigned and his/her heirs, successors, assigns, executors/administrators, subrogates, and anyone else that may claim by, through, or on behalf of the undersigned. 7. This Release and indemnity Agreement will be interpreted to comply with the requirements of public policy, and does not relieve the City of Milton from responsibility for its willful or wanton conduct or (if required by law) its gros negligence. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, 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 hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement. This Agreement constitutes the complete agreement between the undersigned and the City of Milton and supersedes any other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. I have read, understand, and voluntarily accept the terms of this Release and Indemnitv Agreement. The Release and Indemnity Agreement must be completed in its entirety. The original will then be forwarded to the Chief of Police. Applicant Signature Officer in Charge Signature Applicant Name (Print) Officer in Charge Name (Print) Date Date If applicant is under 18 years of age: Parent/Guardian Signature I ParenVGuardian Name (Print) I Date This Agreement has been approved as to form by the City Attorney. I I