HomeMy WebLinkAboutAgenda - 03-24-2003 - 8dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 24, 2003
Action Agenda
Item No. ~ -~
SUBJECT: Hold Harmless Letter for Firearms Training
DEPARTMENT: Purchasing and Central Services PUBLIC HEARING: (Y/N) No
Sheriff's Department
ATTACHMENT(S): INFORMATION CONTACT:
Pam Jones, (919) 245-2652
Draft Hold Harmless Letter Sheriff Pendergrass, (919) 245-2900
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider authorizing the Chair to the Board to issue the attached Hold Harmless letter to
the City of Burlington and Alamance Community College, holding them harmless while County deputies
train at the facility owned by the City of Burlington.
BACKGROUND: The Orange County Sheriff s Department is required to recertify its officers on
firearms twice per year. For the past several years, this training has been accomplished in partnership
with off-duty City of Burlington police officers, hired through Alamance Community College as
instructors, and the City of Burlington, which allows use of its firearms training facility located on the east
side of Burlington.
As the Board is aware through its own research and discussions regarding firearms training facility
development, liability is a serious consideration. Recognizing the type of exposure the training range
represents, the City of Burlington Police Chief has requested that the County provide a document
holding the City of Burlington harmless for incidents that may occur while Orange County employees are
engaged in training at the site; and the Community College has requested similar action for its exposure
as instructors. The action requested in this abstract would authorize the Chair to the Board of
Commissioners to sign the attached hold harmless letter and would further direct the Manager to place it
on file with the City of Burlington Police Chief and Alamance Community College prior to the scheduled
training in April. For your information, deputies are covered by County-provided worker's comp
insurance as well as professional liability insurance during job-related training activities.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager recommends that the Board approve the attached Hold
Harmless letter with the City of Burlington and the Alamance Community College; and authorize the
Chair to sign on behalf of the Board; and to direct the. Manager to forward the letter to the City of
Burlington and Alamance Community College.
RE: Orange County Hold Harmless Agreement with the City of Burlington, NC and Alamance
Community College for Orange County Sheriff's Department Employees Engaged in Training at
the City of Burlington Training Facility
Dear XXXX
To the extent permitted by law and to the extent provided for by insurance policies issued to
Orange County, Orange County will indemnify and hold harmless the City of Burlington and
Alamance Community College and any employees thereof, for judgments ,including costs of
defense and attorney's fees, for personal injuries, property damage, loss of life or loss of
property, resulting from, or in any way connected with, or alleged to have arisen from any
negligence or unlawful conduct on the part of any officer, Deputy, or employee of Orange
County or the Orange County Sheriffs Department while training on City of Burlington property.
Orange County maintains worker's compensation insurance for all employees of Orange County
and the Orange County Sheriff's Department as well as professional liability insurance covering
training activities taken within the scope of their employment while at the City's facility. Proof of
this insurance will be provided by a Certificate of Insurance from the County's insurer and
mailed to the City of Burlington and Alamance Community College.
The Orange County Board of Commissioners approved this action at their regular meeting on
March 24, 2003.
Sincerely
Margaret W. Brown, Chair
Orange County Commissioners