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ORIGINAL WEAPONS STORAGE PROGRAM AGREEMENT TIHS AGREEMENT is made and entered into Ibis / day of , 1995, by and between the REGENTS OF THE UNIVERSI1Y OF AHO heremafter the "University") and the CI1Y OF MOSCOW, a municipal corporation of the State of Idaho (hereinafter the "City"). WHEREAS, the City and the University have entered into an agreement wherein the City shall provide certain police services to the University for a consideration; and WHEREAS, the University desires that the Moscow Police Department provide weapons storage service for enrolled students of the University; and WHEREAS, weapons storage is not a service contemplated by the current agreement; and WHEREAS, weapons storage presents certain unique liability considerations to the City; NOW, THEREFORE: 1. The City agrees to provide weapons storage services for University enrolled students in Moscow, Idaho, subject to the following conditions: a. That such weapons storage shall be pursuant to the regulations of the City; b. That the number of weapons to be stored shall be subject to available space and personnel considerations; c. That the University shall provide a secure facility for use by the City in such weapons storage; d. That weapons found to be or suspected of being illegal, illegally altered or unidentifiable shall be confiscated by the City; e. That any weapon which is suspected to have been used in the commission of any crime shall be retained pending proper investigation. 2. The City, to the extent allowed by the Idaho Tort Claims Act, Idaho Code §6-901, et seq., shall indemnify the University and hold it harmless from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by the City, its servants, agents, employees, guests and business invitees arising from the performance of this Agreement, and not caused by WEAPONS STORAGE PROGRAM AGREEMENT Page 1 95-54 ---PAGE BREAK--- or arising out of the tortious conduct of the University or its employees. Likewise, the University, to the extent allowed by the Idaho Tort Claims Act, Idaho Code §6-901, et seq., shall indemnifY the City and hold it harmless from and for any and all losses, claims, actions, judgments for damages or injury to persons or property and losses and expenses caused or incurred by the University, its servants, agents, employees, guests and business invitees arising from the performance of this Agreement, and not caused by or arising out of the tortious conduct of the City or its employees. The University's liability coverage is provided through a self-funded liability program administered by the Idaho Bureau of Risk Management. Limits of liability, and of the University's indemnification under this Agreement, are $500,000 Combined Single Limits, which amount is the University's limit of liability under the Idaho Tort Claims Act. The City's limit of liability and the City's indemnification pursuant to this Agreement shall be $500,000 Combined Single Limits. The University requests that the City notifY the University of Idaho Risk Management Office, Administration Office Building Annex, Room 201, Moscow, Idaho 83844-3149, of any such claim of which it has knowledge and that the City cooperate fully with the University or its representatives in the defense of the same. Conversely, the City requests that the University notifY the City Supervisor, City of Moscow, 206 East 3rd Street, P. 0. Box 9203, Moscow, ID 83843, of any such claim of which it has knowledge and that the University cooperate fully with the City or its representatives in the defense of the same. 3. The term of this Agreement shall be concomitant and concurrent with the agreement for police services between the City and the University. The City, by and through its Mayor, and the University, by and through the Regents of the University of Idah¡have duly enu:¢hi£ Agreement in duplicate originals, to be effective on the 112 - day of . 1995. agreemnt\weapon\sr REGENTS OF THE UNIVERSITY OF IDAHO By: _3 CITY OF MOSCOW By: Paul C. Agidius, Mayor WEAPONS STORAGE PROGRAM AGREEMENT Page2 ---PAGE BREAK--- ORIGINAL WEAPONS STORAGE AGREEMENT 1. I, an enrolled student of the University of Idaho, do hereby request the University of Idaho, through the Moscow Police Department, Campus Subdivision, to store the following weapon(s): Manufacture Name: ModeVCaliber: Serial Number: Type: hereinafter "my weapon(s)". 2. I, further agree as follows: A. That I hereby hold harmless the City of Moscow and the University of Idaho, their employees and agents, from any liability, loss or damage of whatever nature, now or in the future arising from the storage or release from storage of the above-described weapon(s). I understand that my weapon( s) will be stored in a storage facility designated by the Moscow Police Department. I am aware that neither the City of Moscow nor the University of Idaho guarantees the security of the storage facility; B. That my weapon(s) shall be unloaded, with the trigger guard in place, while in the storage facility and when delivered to the storage facility by me; C. That I shall give notice of my desire to remove my weapons from storage at least twenty-four (24) hours prior to the time I wish to remove my weapon(s) from storage, provided, that if such notice is given twelve (12) hours or less prior to close of business the day prior to Saturday or a legal holiday, the weapon(s) shall not be available until the following Monday. I will make arrangements to remove my weapon(s) between 8:00 a.m. and 5:00 p.m., Monday through Friday, at the Moscow Police Department Campus Subdivision. I understand that my weapon(s) shall not be released unless notice has been given as set forth above; D. I am hereby advised that neither the Moscow Police Department nor the University of Idaho carries insurance covering my weapon(s). A policy of WEAPONS S TORAGE AGREEMENT Page 1 ---PAGE BREAK--- insurance covering my weapon(s) should be purchased by me from a private insurance company ifl desire such insurance coverage; E. That ifl cease being enrolled at the University ofldaho, I will remove my weapon(s) from the storage facility within ten (10) days of the date of ceasing my enrollment; F. That should I fail to remove my weapon(s) as set forth in paragraph E, the Moscow Police Department may dispose of my weapon(s) after twelve ( 12) months from the date of my cessation of enrollment, pursuant to Idaho Code Sections 55-403 and 55-403(a) and that I shall have no further claim of ownership in my weapon(s). I understand that it is my sole responsibility to claim and remove my weapons, and I hereby agree to hold harmless, indemnifY and defend the Moscow Police Department and the University of Idaho from any and all liability of whatever nature arising from such disposal; G. I understand that the Moscow Police Department may refuse to release my weapon( s) to any person for any reason; H. I understand that a photo identification wil be required both when I store my weapon(s) and each time I seek to remove my weapon(s) from storage; I. That any weapon( s) found to be or suspected of being illegal, illegally altered or unidentifiable shall be confiscated by the Moscow Police Department; J. That any weapon(s) which are suspected of having been used in the commission of any crime shall be retained pending proper investigation by the Moscow Police Department. Weapons Owner Date WEAPONS PLACED IN STORAGE: Date Owner Officer WEAPONS REMOVED FROM STORAGE: _ Date Owner agreemnt\weapoo2\sr WEAPONS STORAGE AGREEMENT Officer Page2