HomeMy WebLinkAbout2008-05-19-Resolutions 08-105_Law Enforcement Training - Hold Harmless Agr - Metro LodgingTHE CITY OF WAUKEE,lOW A
RESOLUTION 08-105
APPROVING A HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
BETWEEN METRO LODGING,LC,AND THE POLICE DEPARTMENT OF THE
CITY OF WAUKEE RELATED TO LAW ENFORCEMENT TRAINING
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,the Waukee Police Department will participate in Rapid and Immediate
Deployment (RAID)training daring the month of June 2008,along with the police departments
of the cities of Altoona,Clive,Johnston,Urbandale,West Des Moines and Windsor Heights;
AND,
WHEREAS,the training will be held at the Best Western Hotel,5055 Merle Hay Rd.,Johnston,
a property owned by Metro Lodging,L.c.;AND,
WHEREAS,Metro Lodging,L.c.and the participating cities agree to a Hold Harmless and
Indemnification Agreement,which is attached hereto and by this reference is incorporated
herein;AND,
WHEREAS,the City Attorney for the City of Waukee has reviewed the Agreement and finds it
to be acceptable.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this the 19th of May,2008,that the Hold Harmless and Indemnification Agreement is approved.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE NAY ABSENT
X
ABSTAIN
X
X
X
X
HOLD HARMLESS Al\1J)INDEMl\1JFJCATION AGREEMENT ]
Metro Lodging,L.C.(hereinafter "Metro Lodging"),who owns property located at 5055
Merle Hay Road in Johnston,Iowa,hereby agrees to allow the Police Departments of the Cities
of Altoona,Clive,Johnston,Urbandale,Waukee,West Des Moines,and Windsor Heights
(hereinafter "Cities"),to use the above-described property for R.A.l.D.(Rapid and Immediate
Deployment)training,which training shall include but not be limited to police tactical training to
respond to acts of violence.Metro Lodging and the Cities,through their authorized
representatives,hereby agree to indemnify and hold the other patties to this Agreement,their
officials,agents,employees,successors,and assigns,harmless from any and all claims,demands,
actinns,judgments,settlements,or other costs,including reasonable attorneys'fees,which the
parties may incur or sustain due to negligent or wi1lful misconduct attributed to the party,related
to the RA.LD.training.As a condition of this Agreement,each patty must provide the other
parties with prompt notice of any such claim,demand,or action and all necessary information
and assistance so that the indemnifYing party ,at its option,may defend or settle such claim,
demand,or action.In the event that atlYsuch claim,demand,or action is caused by the joint or
concurrent negligence of the parties,then the loss,expense,or claim shall be borne by each party
in proportion to its respective negligence in causing said loss,expense,or claim.The parties
specifically agree that Metro Lodging is not responsible or liable for injury to any participants
from the Cities in the R.AJ.D.training at thcubove-described property.The parties also
specifically agree that the Cities,either individually or collectively,their officials,agents,
employees,successors,and assigns,are not responsible or liable for atlY damage to the above-
described property related '(0 the R.A.I.D.fraining.It is understood by the parties that the
building.on this property will he destroyed in 2008.Additionally,no exterior windows,doors,
or walls are to be destroyed during the course of this training,and a Metro Lodging employee
must be on the premises during all training activities,
]
I
This Agreement has been passed and approved by the City of Waukee,Iowa,
this J91!l day of ~iflJ,L/-----"2008.
Attest:
JodyE.Smith,CMFA,MMC
City Clerk,City of West Des Moines