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HomeMy WebLinkAboutContract No. 2015-2609ri , Anoka County may make the Anoka County Law Enforcement Center (herein "Firing Range ") facilities, which are located in Coon Rapids, MN, available for use by law enforcement agencies to conduct qualifying shoots and to conduct training activities. The C vn� (Herein "Agency„) is a taw enforcement agency and wishes to conduct such activities at the Firing Range. Agency agrees to pay Anoka County (herein "County ") a fee based on the fee schedule for use of the Firing Range facilities. The fee schedule is $50 /hour with a three hour minimum. Scheduled range time which is canceled without 30 days prior notice will be billed at a rate of $35 /hour. The date, time and duration of use is to be arranged and approved by Anoka County Sheriff or designee prior to the use of the firing range. Agency acknowledges the inherent risks involved in firearms training and further acknowledges no matter what precautions are taken serious injury or death could result from participation in such training. Agency acknowledges that providing access to the firing range is not an essential service provided by the County and agrees that use of the firing range shalt be subject to the terms herein. In consideration for being permitted by Anoka County to conduct activities at the firing range facilities, which activities may consist of firearms practice, qualifying shoots, obstacle course training, and other training and drills, the Agency through its authorized agent, agrees to the following: Waiver and Assumption of Risk Agency knows, understands and acknowledges the risks and hazards associated with using the firing range and hereby assumes any and all risks and hazards associated therewith. Agency hereby irrevocably waives any and all claims including recovery of damages against the County and its officials, employees, agents and insurers for any bodily injury (including death), loss or property damage incurred by Agency as a result of using the firing range, and hereby releases and forever discharges the County and its officials, employees, agents and insurers from any and all claims or liability. It does not waive liability or claims for injuries obtained as a result of the County's sole negligence; nor willful, wanton, or intentional misconduct by the County. Indemnification Agency agrees to defend, indemnify, and hold harmless the County, its elected officials, officers, employees and agents from any and all claims, liability, loss, damages, costs and expenses, including attorney's fees, which the County may incur or be required to pay as a result of any or all claims, demands or judgments arising out of or related to or alleged to have arisen out of any activity connected directly or indirectly with such activities conducted by the Agency at the firing range. Agency shalt not be required to defend and /or indemnify the County for loss or injury obtained as a result of the County's sole negligence; nor willful, wanton, or intentional misconduct by the County. No Waiver of Statutory Tort Limits Nothing in this agreement is intended or should be construed in any manner as a waiver of the County's immunities or tort limits contained in Minnesota Statutes chapter 466. I: \Training \Range \Use agreement.doc Authority The Agency represents and warrants that it has the power and authority to enter into this Agreement and the person or persons executing this Agreement on its behalf has full and complete legal authority to do so, and thereby binds them and, to the extent permitted by this Agreement, its successors and assigns. Expiration This agreement shall expire one year from the date of signature below. This document contains the entire agreement between the parties hereto and the terms of this agreement are contractual and not a mere recital. LAW ENFORCEMENT AGENCY: / i AME OF AUTHORIZED AGENT: p 7.�..- AUTHORIZED AGENT'S TITLE , Dated: - Signat of Agent authorized to enter into a contract Accepted on Behalf of the County on hv- Revised: 11 -4 -14 Signature of Sheriff or Designee /date 1: \Training \Range \Use agreement.doc January 5, 2015 Chief Scott Nadeau Columbia Heights Police Department 825 — 41" Avenue NE. Columbia Heights, MN 55421 Dear Chief Nadeau, Office of the Sheriff Anoka County Sheriff James Stuart 13301 Hanson Blvd. NWAndover, AM 55304 (763)323-5000 Beginning today we will start scheduling Range use dates and times. You may schedule Range use by calling Roxanne Klink, Training Coordinator at 763-323-5099 or sending an e-mail to Roxanne. Klinkg co.anoka.mn.us. Please be aware in order to reserve the range, your agency must have on file a signed Range Use Agreement for 2015. You will also need to submit a lesson plan to Roxanne Klink two weeks prior to conducting your firearms training at the Range. Attached is a copy of the 2015 Range Use Agreement. Thank you. Affirmativc, Acton /Equal Opporluoity Empicqpr Karen Olson From: Scott Nadeau Sent: Monday, January 12,2O15IO2]AK4 To: Karen Olson Subject: FVV:A[SO20lS Range Agreement attached Attachments: ScottNadeau2xcf From: James D. Hoeft Sent: Friday, January 09,2O1S9:SS PM To Scott Nadeau Subject: Re: ACSO 2015 Range Agreement attached No worries Scott. Indemnification and hold harmless are consistent with statute and case law. Fire away. Have a good weekend. Sent from myi9hone On Jan 9, 2015, at 5:34 PM, Scott Nadeau <Scott. Nadea u@ci.columbia-heights. mn.us> wrote: Hi Jim, Anoka County has started to request a waiver to use their gun range. h looks fairly standard tome but if you could take a look at it and let me know if you have any concerns I would appreciate it! Thanks and have a great weekend! From: Karen Olson Sent: Friday January 09, 2015 S:OO PM To: Scott Nadeau Subject: ACSO2O15 Range Agreement attached <ACS()Range Agreement 20]5.pdf>