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HomeMy WebLinkAboutCounty of Fresno- Fresno Police Department Agreement for Use of Training Facilities - 6375 W Central Ave - 1-1-25CITY OF FRESNO POLICE DEPARTMENT REGIONAL TRAINING CENTER 6375 W. Central Ave. Fresno, CA 93706 Phone: 559-621-2157 Fax: 559-621-2175 AGREEMENT FOR USE OF TRAINING FACILITIES This Agreement made and entered into effective this ALs day of C� 7 UZ , (Effective Date) by and between the CITY OF FRESNO, a California municipal corporation (CITY) and the County of Fresno, a political subdivision of the State of California (LICENSEE). RECITALS WHEREAS, CITY owns and operates certain Training Facilities on its property in the City of Fresno, State of California; and WHEREAS, LICENSEE desires permission for the non-exclusive use of said Training Facilities; and WHEREAS, CITY is agreeable to said use of its Training Facilities and hereby grants permission for said use upon the terms and conditions herein and LICENSEE agrees to the terms and conditions herein; and WHEREAS, LICENSEE acknowledges that entry into this Agreement is subject to the requirements in City Council Resolution No. 2010-184. AGREEMENT NOW, THEREFORE, in consideration for the use of the Training Facilities it is mutually agreed as follows: 1. Descri tion of Pra e . The property subject to this Agreement is that property located at 6375 W. Central Ave., and adjacent land and structures commonly known as follows: Fresno Police Department Regional Training Center (Training Facilities), which consists of the following amenities - Smart Classrooms, Mat Room, Six Tactical Pistol Ranges, 200 Yard Rifle Range and Sniper Tower, Tactical Training House, K-9 Field and an Emergency Vehicle Operations Course (EVOC) with Pursuit Intervention Technique (PIT) area and Skid Pad, and Driver Awareness Pad. 2. Purpose. LICENSEE is hereby given a nonexclusive license to use the Training Facilities for a private event, meeting and training purposes only. This license is personal to LICENSEE and shall not be assigned. Any attempt to assign the license shall automatically terminate it. -1- FPD-B RTC Private Licensee Use Agreement (04-30-2020) 357968v1 3. Term of Agreement. The term of this Agreement shall commence on the Effective Date set forth above and shall continue for 3 years. This Agreement may be extended for 2 additional consecutive twelve-month periods, upon the approval of both parties, no later than 30 days prior to the first day of the next twelve-month extension period. The Chief Probation Officer, or designee, is authorized to execute such written approval on behalf of LICENSEE. This Agreement may be canceled by either party upon 30 calendar days' written notice to the other party's designated representative set forth herein. In the event of termination, LICENSEE shall pay to CITY all fees for use of amenities provided. 4. Reservations for Facilities. LICENSEE shall request in writing specific days and specific times for the use of any amenities of the Training Facilities at least 10 calendar days prior to the date of the requested use. Requests shall be submitted to the Fresno Police Department Training Facility, 6375 W. Central Avenue, Fresno, California 93706, which will then dispatch a written confirmation of the reservation. It is understood that other contracting parties with the CITY may have a similar use of the Training Facilities, and reasonable accommodation of all such parties is the desired objective. LICENSEE's use of amenities will be subject to availability, and LICENSEE acknowledges that criminal justice agencies will be given priority use of same. REQUEST FOR FACILITY USAGE SHALL BE SUBMITTED TO: FRESNO POLICE DEPARTMENT REGIONAL TRAINING CENTER 6375 W. Central Ave. Fresno, California 93706 Phone: 559-621-2157 FAX 559-621-2175 5. Limitations. (a) The use of the Training Facilities is subject to the understanding that the amenity is/can be reserved only if not in use by the CITY or other similar contracting parties with the CITY. (b) Prior to using the Training Facilities, LICENSEE must pay CITY the applicable fee designated in CITY's Master Fee Schedule then in effect. The current applicable fetes are attached hereto as Exhibit A. CITY may adjust this fee at any time, upon 30 days prior written notice. LICENSEE shall make payment to CITY at the address for the Regional Training Center set forth above in Section 4. (c) CITY reserves the right to use the Training Facilities at all times, and may terminate use of the Training Facilities by notice to LICENSEE'S designated representative: -2- FPD-B RTC Private Licensee Use Agreement (04-30-2020) 357968v1 Chief Probation Officer Fresno County Probation Department 3333 E. American Ave. Bldg. 701, Suite B Fresno, CA 93725 Phone: (559) 600-1298 FAX: (559) 455-2488 robationcontracts fresnocoun ca. ov This shall be LICENSEE's designated representative for all coordination between CITY and LICENSEE, or such other representative as LICENSEE may from time to time designate in a written notice to CITY. (d) CITY reserves the right to close the Training Facilities during times of emergency, when needed by the Fresno Police Department for its activities, for repair and maintenance, or in the event of non - appropriation of sufficient funds for its continued operation. (e) The use of the Training Facilities is subject to the understanding that all of the Training Facilities are made available on an "as is" condition. (f) LICENSEE may make an appointment with CITY to inspect the Training Facilities prior to use. LICENSEE recognizes and accepts that the Training Facilities may not be suited for training or qualification of any kind and accepts the Training Facilities with all defects, latent or patent. (g) All persons using the Training Facilities shall complete a "Release, Waiver, and Indemnity Agreement" form, attached hereto as Exhibit B. (h) No private use of the Training Facilities is permitted, except as expressly provided for in the then current Fresno Police Department Regional Training Center Operations Manual (Manual) as the Fresno Police Department may amend from time -to -time, prescribing procedures and conditions in utilizing the Training Facilities, a copy of which is attached and incorporated into this Agreement (including any future amendments) as if fully set forth herein. Guests and non - LICENSEE members or persons not expressly included with LICENSEE's prescribed use of the Training Facilities, are not allowed to enter the Training Facilities without the prior express written consent of the Fresno Police Department Regional Training Center Supervisor who may in its sole discretion require the person to complete a City of Fresno release form (depending upon the nature and purpose of the entry, the form may or may not be the form attached in Exhibit B). In any event, all such guests and non - LICENSEE members or persons shall be the sole responsibility of LICENSEE and subject to all Fresno Police Department Training Center rules, regulations, and directions of its staff. -3- FPD-B RTC Private Licensee Use Agreement (04-30-2020) 357968v1 (i) LICENSEE will maintain the Training Facilities in a safe operative condition while in use by the LICENSEE and will conduct adequate periodic inspections prior to and at the conclusion of each use to that end. (j) All range firing will be under direct supervision of competent Rangemasters who have completed a government approved firearms/rangemaster instructor course (e.g., POST). LICENSEE'S use of the firing ranges must be conducted in compliance with the then current Manual. A copy of all Rangemaster certifications must be on file with the CITY prior to the use of the firing ranges. (k) Utilities (water and electricity) that are available without alteration or modification by CITY will be supplied without charge and the repair and maintenance of the Training Facility will be the responsibility of CITY. (1) LICENSEE will contact the Fresno Police Department Duty Office at (559) 621-2375 whenever a unit enters the Training Facilities for a reserved period of use that is during non -business hours as set forth in the then current Manual. LICENSEE shall be responsible for ensuring that the entrance remains locked and secure at all times with alarm activated. (m) Any improvements installed- or provided by LICENSEE shall be submitted to CITY in writing and are subject to the written approval by CITY prior to the installation period. Approval by CITY is in CITY's sole and absolute discretion, and may be withheld for any reason. Fixtures shall remain following termination or expiration of this Agreement. (n) CITY, or its duly authorized representatives or agents, may enter upon said premises at any and all reasonable times during the term of this Agreement for the purpose of determining whether the LICENSEE is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of CITY. (o) LICENSEE shall supply its personnel with all equipment necessary to use the Training Facilities (e.g., helmets and cones for any use of the EVOC with PIT area or Driver Awareness Pad). (p) After each use of the Training Facilities, LICENSEE' personnel shall leave the Training Facilities in the same condition it was in before use including, but not limited to, removal of all debris, cones, and all other personal equipment belonging to LICENSEE. If the Training Facilities are not adequately restored to the same condition it was in before use, the CITY reserves the right to dispose of any such personal property in its sole discretion, and the right to charge LICENSEE for the costs the CITY incurs in restoring the Training Facilities to their prior condition including, without limitation, the storing or disposing of --4- FPD-B RTC Private Licensee Use Agreement (04-30-2020) 357968v1 any such personal equipment. LICENSEE shall promptly pay for all charges upon receipt of written notice or invoice. (q) LICENSEE shall not interfere with the use of the Training Facilities by other users. 6. Indemnification, Release, and Waiver. (a) To the furthest extent allowed by law, LICENSEE forever releases, discharges, indemnifies, holds harmless and defends the CITY and each of its officers, officials, employees, agent, and volunteers (referred to collectively as "CITY" in this Section 6) from and against any and all loss, liability, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, LICENSEE or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of LICENSEE's use of the Training Facilities. LICENSEE's obligations under the preceding sentence shall apply regardless of whether CITY is negligent, but shall not apply to any loss, liability, costs, or damages caused solely by the gross negligence, or caused by the willful misconduct, of CITY. (b) CITY shall not be liable for any damage to any property owned or leased by LICENSEE, or in LICENSEE's care, custody or control, or for any bodily injury or death to any person, arising or alleged to have arisen from the hidden, latent, or obvious defects in the premises, Training Facilities or equipment used. (c) LICENSEE acknowledges that the Training Facilities and activities involving firearms, physical agility and contact, K-9 training, and driving activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. (d) LICENSEE VOLUNTARILY ASSUMES THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE AND/OR WRONGFUL DEATH TO LICENSEE WHILE PARTICIPATING IN TRAINING ACTIVITIES AT THE FACILITIES AND/OR USING THE FACILITIES, AND DOES HEREBY VOLUNTARILY RELEASE AND DISCHARGE THE CITY FROM, AND DOES WAIVE ANY RIGHT OF ACTION OR CLAIM FOR, ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE AND/OR WRONGFUL DEATH CAUSED BY CITY'S NEGLIGENCE, EXCEPT WHEN CAUSED SOLELY BY THE GROSS NEGLIGENCE OF CITY. (e) The license granted hereunder is freely revocable by CITY and in view of such fact LICENSEE expressly assumes the risk of making any expenditures in connection with this license, even if such expenditures are substantial. Without limiting any indemnification -5- FPD-B RTC Private Licensee Use Agreement (04-30-2020) 357968v1 obligations or other waivers contained herein and as a material part of the consideration for this license, LICENSEE fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights, and actions in law or equity against, and covenants not to sue, CITY under any present or future laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation or the payment of just compensation under the law of eminent domain, or otherwise at equity, in the event that CITY exercises its right to revoke or terminate this license. (f) LICENSEE, as a material part of the consideration to be rendered to CITY under this Agreement, waives all claims against CITY for damages to all LICENSEE's personal property in, on, or about the Training Facilities. (g) CITY shall not be liable to LICENSEE for any damage by or from any act or negligence of any other user of the Training Facilities. LICENSEE agrees to pay for all damages to the Training Facilities, as well as all damage to other persons using the Training Facilities and to the property of those persons caused by LICENSEE's misuse or negligent use of the Training Facilities. (h) Upon the tender by CITY to LICENSEE, LICENSEE shall be bound and obligated to assume the defense of CITY and any of its officers, officials, employees, agents, or volunteers, including the a duty to settle and otherwise pursue settlement negotiations, and shall pay, liquidate, discharge and satisfy any and all settlements, judgments, awards, or expenses resulting from or arising out of the claims without reimbursement from CITY or any of its officers, officials, employees, agents, or volunteers. It is further understood and agreed by LICENSEE that if CITY tenders a defense of a claim on behalf of CITY or any of its officers, officials, employees, agents, or volunteers and LICENSEE fails, refuses or neglects to assume the defense thereof, CITY and its officers, officials, employees, agents, or volunteers may agree to compromise and settle or defend any such claim or action and LICENSEE shall be bound and obligated to reimburse CITY and its officers, officials, employees, agents, or volunteers for the amounts expended by each in defending or settling such claim, or in the amount required to pay any judgment rendered therein. The defense and indemnity obligations set forth above shall be direct obligations and shall be separate from and shall not be limited in any manner by any insurance procured in accordance with the insurance requirements set forth in this Contract. In addition, such obligations remain in force regardless of whether CITY provided approval for, or did not review or object to, any insurance LICENSEE may have procured in accordance with the insurance requirements set forth in this Contract. The defense and indemnity obligations shall -6- FPD-B RTC Private Licensee Use Agreement (04-30-2020) 357968v1 arise at such time that any claim is made, or loss, injury or damage of any type has been incurred by CITY, and the entry of judgment, arbitration, or litigation of any claim shall not be a condition precedent to these obligations. (i) This Section 6 shall survive expiration or termination of this Agreement. 7. Insurance. (a) Throughout the life of this Agreement, LICENSEE shall pay for and maintain in full force and effect all insurance as required in Exhibit C, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by CITY's Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit C shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, LICENSEE fails to maintain any required insurance in full force and effect, use of the Training Facilities shall be discontinued immediately until written notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve LICENSEE of its responsibilities under this Agreement. (c) The fact that insurance is obtained by LICENSEE shall not be deemed to release or diminish the liability of LICENSEE, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by LICENSEE. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of LICENSEE, its officials, principals, officers, agents, employees, or invitees. 8. Conformity with Law and Safety. LICENSEE shall observe and comply with, and shall ensure that its personnel utilizing the Training Facilities observes and complies with, all applicable requirements contained in the then current Manual and with all -7- FPD-B RTC Private Licensee Use Agreement (04-30-2020) 357968v1 applicable laws, ordinances, codes and regulations of all governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over aspects of this Agreement. The use of the Training Facilities by LICENSEE shall be in accordance with the then current Manual and these laws, ordinances, codes and regulations. LICENSEE shall hold CITY harmless from any and all liability, fines, penalties, and consequences from any noncompliance or violations of such Manual, laws, ordinances, codes, and regulations. 9. Accidents. If a death, personal injury, or property damage occurs in connection with the performance of this Agreement, LICENSEE shall immediately notify the Fresno Police Department Regional Training Center Administrator, Duty Office, in person or by telephone. LICENSEE shall promptly submit to CITY and the Fresno Police Department Regional Training Center a written report, in such form as may be required by CITY, of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of LICENSEE's flability insurance carrier; (3) a detailed description of accident and whether any of CITY's equipment, tools, material, or staff was involved. 10. City Property. LICENSEE shall promptly pay for or restore any damage to CITY property caused by LICENSEE and arising out of the performance of this Agreement, upon receipt of written notice or invoice. LICENSEE shall not use CITY premises, property (including equipment, instruments, and supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement. 11. Drug -Free Workplace. LICENSEE and LICENSEE's employees shall comply with the CITY's policy of maintaining a drug -free workplace. Neither LICENSEE nor LICENSEE's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine and amphetamines, at the CITY facility, including the Training Facilities. If LICENSEE or any employee of LICENSEE is convicted or pleads nolo contendre to a criminal drug statute violation occurring at a CITY facility or work site, the LICENSEE within 5 days thereafter shall notify the Fresno Police Department Regional Training Center in writing. Violation of this provision shall constitute a material breach of this Agreement. 12. Non-discrimination. LICENSEE assures that it will comply with Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1990, the Americans With Disabilities Act of 1990 and that no person shall, on the grounds of race, creed, color, disability, sex, national origin, age, religion, sexual orientation, Vietnam -era Veteran's status, political affiliation, or any other non -merit factors be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under this Agreement. 13. Binding. Subject to Section 14 below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each party's respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. -8- FPD-B RTC Private Licensee Use Agreement (04-30-2020) 357968v1 14. Assignment of Agreement. Nothing contained in this Agreement shall be construed to permit assignment or transfer by. LICENSEE of any rights under this Agreement and such assignment or transfer is expressly prohibited and void. 15. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 1E. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement. 17. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 18. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 19. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 20. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the.reference, incorporated into and made a part of this Agreement. 21. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement shall be null and void. 22. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 23. No Third Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 24. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire -9- FPD-B RTC Private Licensee Use Agreement (04-30-2020) 357968v1 and integrated agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, representations or agreements, either written or oral. 25. Modification of Agreement. Agreement then parties.. beNosupplemented, amended, or modified only by mutualagreement amendment, or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties. 26. Notices. Any written tishall qbe deemed tvintended be°duly given g Sena feither deli eaed rty under the terms of this Agreement personally, transmitted by facsimile followed by telephone confirmation of receipt, transmitted by email or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth in this Agreement (i.e., in Section 5 for LICENSEE, and in Section 4 for CITY) or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. A notice delivered by PQF document attached to an email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of County business hours, then such delivery is deemed to be effective at the next beginning of a County business day), provided that the sender maintains a machine record of the completed transmission. 27. Authority to Contract. By signing on the signature page below, the LICENSEE's signatory warrants and represents that it executed this Agreement in its authorized capacity and by its signature on this Agreement, it, or the entity upon behalf it acted, executed this Agreement. [Signatures follow on the next page.] -10- FPD-B RTC Private Licensee Use Agreement (04-30-2020) 357968v1 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below, and CITY has hereunto caused its corporate name to be signed by the designee of the Chief of the Fresno Police Department who hereunto is duly authorized the day and year written below: CITY: CITY OF FRESNO, a California municipal corporation B Mindy Castro, Interim Chief of Police Fresno Police Department DATE: I G APPROVED AS TO FORM: ANDREW City Attgr gy 0 LICENSEE: COUNTY OF FRESNO, a political subdivision oft State of California B Edward Hill Date Interim Director of Internal Services/Chief Information Officer APPROVED AS TO LEGAL FORM: Daniel C. Cederborg, County Counsel By: r"o� l3eu,�P�� IL-Iq-2� Deputy u Date APPROVED AS TO ACCOUNTING FORM:_. Oscar J. Garcia, C A Date TODDSTERMER.CMC Auditor-Controll` r reasurer-Tax CITY CLERK Collector By: a12S VAar� .� k Seib City Attorney ATTEST: v5 Attachments: Exhibit A — Master Fee Schedule (Excerpt) Exhibit B — Release, Waiver, and Indemnity Agreement Exhibit C — Insurance Requirements FOR ACCOUNTING USE ONLY: ORG: 34309999 Account: 7295 Fund: 0001 Subclass: 10000 FPD-B RTC Private Licensee Use Agreement (04-30-2020)- 357968v1 Exhibit A CITY OF FRESNO MASTER FEE SCHEDULE (Excerpt) REGIONAL TRAINING CENTER FACILITIES FEES All fees effective 07/01/2023 unless otherwise noted MFS Amendment # 575 Range Office — monthly 450.00 Shared Range Office — monthly 225.00 Classroom — daily 250.00 Classroom — half day 175.00 Mat Room — daily 400.00 Mat Room — half day 250.00 Pistol Range — daily 600.00 Pistol Range — half day 400.00 Rifle Range — daily 700.00 Rifle Range — half day 450.00 Tactical House — daily 500.00 Tactical House — half day 350.00 Range Fee — Daily rate per person 18.00 (included in Pistol Range & Rifle Range fee) Emergency Vehicle Operations Course (EVOC) — daily 1,300.00 Driver Awareness Pad — daily 400.00 K-9 Field — daily 200.00 Pursuit Car — daily 88.00 PIT Car — daily 75.00 Motorcycle — daily 96.83 Training Officer — Hourly Straight Time 78.37 Training Officer — Hourly Overtime 81.84 Training Sergeant — Hourly Straight Time 93.13 Training Sergeant — Overtime 98.63 FPD-B Private Licensee Use Agreement (04-08-14) Private Licensee Use MFS Excerpt Page 1 of 1 357968v1 Exhibit B CITY OF FRESNO POLICE DEPARTMENT REGIONAL TRAINING CENTER 6375 W. CENTRAL AVE. Fresno, CA 93706 Phone: 559-621-2157 Fax: 559-621-2175 www.FresnoPo-lice.net RELEASE, WAIVER, AND INDEMNITY AGREEMENT (Print Your Full Name) Perm ittee (Print Name of Your Agency) This Release, Waiver and Indemnity Agreement (hereinafter referred to as "Agreement") must be completed by all individuals who will be using any of the facilities at the above address (hereinafter referred to as "facilities"), premises owned by the City, or will be training in manipulative skills subjects at such facilities, including, without limitation, the following: Firearms Range Programs, Weaponless Defense Tactics, Scenario Role Playing, Track & Field activities (including K-9 training), and Driving activities. In consideration for being granted permission to participate in training activities at the facilities and/or use the facilities, I, the undersigned, do hereby agree: 1. To the furthest extent allowed by law, to forever release, discharge, indemnify, hold harmless and defend the City of Fresno and each of its officers, officials, employees, agents, and volunteers (hereinafter referred to collectively as "City") from and against any and all loss, liability, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, myself or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of my participation in the training activities at the facilities and/or my use of the facilities. My obligations under the preceding sentence shall apply regardless of whether City is negligent, but shall not apply to any loss, liability, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City. 2. City shall not be liable for any damage to any property owned or leased by me, or in my care, custody or control, or for any bodily injury or death to any person, arising or alleged to have arisen from the hidden, latent, or obvious defects in the premises, facilities or equipment used. 3. The permission granted hereunder is freely revocable by City and in view of FPD-B Private Licensee Use Agreement (04-08-14) Page 1 of 2 357968v1 such fact, I expressly assume the risk of making any expenditures in connection with this permission, even if such expenditures are substantial. Without limiting any indemnification obligations of myself or other waivers contained in this permission and as a material part of the consideration for this permission, I fully RELEASE, WAIVE AND DISCHARGE forever any and all claims, demands, rights, and actions in law or equity against, and covenants not to sue, City under any present or future laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation or the payment of just compensation under the law of eminent domain, or otherwise at equity, in the event that City exercises its right to revoke or terminate this permission. 4. 1 understand and acknowledge that facilities and activities involving firearms, physical agility and contact, K-9 training., and driving have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. 5. TO VOLUNTARILY ASSUME THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE AND/OR WRONGFUL DEATH TO MYSELF WHILE PARTICIPATING IN TRAINING ACTIVITIES AT THE FACILITIES AND/OR USING THE FACILITIES, AND DO HEREBY VOLUNTARILY RELEASE AND DISCHARGE THE CITY FROM, AND DO WAIVE ANY RIGHT OF ACTION OR CLAIM FOR, ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE AND/OR WRONGFUL DEATH CAUSED BY THE CITY'S NEGLIGENCE, EXCEPT WHEN CAUSED SOLELY BY THE GROSS NEGLIGENCE OF CITY. 6. To reimburse City for all costs and attorney's fees incurred by City in enforcing this Agreement. 7. 1 am aware that this is a release of liability and a contract between the City and myself, and agree that the contents of this Agreement shall be binding upon my heirs, executors, administrators and assigns. 8. This Agreement shall survive my use of the facilities and any participation in training activities at the facilities. 9. 1 acknowledge that I (i) have read and fully understand the content of this Agreement; (ii) have been given the opportunity to have such Agreement reviewed by an attorney and to consult with my attorney, in my discretion; (iii) have been fully and completely advised of the potential dangers incidental to engaging in the training activities and/or using the facilities; and (iv) am fully aware of the legal consequences of signing this Agreement. I am signing this Agreement voluntarily with a full understanding that by signing it I do hereby release the City of Fresno, its officials, officers, employees, agents, and volunteers from all liability resulting from my use of the facilities and/or participation in training activities. DATE: SIGNATURE. Signature of Permittee FPD-B Private Licensee Use Agreement (04-08-14) Page 2 of 2 357968v1 Exhibit C INSURANCE REQUIREMENTS Agreement for Use of Training Facilities between City of Fresno (CITY) and County of Fresno (LICENSEE) Coverage shall be at least as broad as: The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non -owned equipment)v, products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2. The most current version of ISO Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non -owned automobiles or other licensed vehicles (Code 1- Any Auto). [This coverage is only required if the Licensee intends to, or does operate, the Licensee owned vehicle(s) on the Training Facilities` Emergency Vehicle Operations Course (EVOC), Pursuit Intervention Technique (PIT) area, Skid Pad or Driver Awareness Pad.] 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. MINIMUM LIMITS OF INSURANCE LICENSEE shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: COMMERCIAL GENERAL LIABILITY: (i) $5,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $1,000,000 aggregate for products and completed operations; and, FPD-B Private Licensee Use Agreement (04-08-14) Page 1 of 4 357968v1 (iv) $10,000,000 general aggregate. 2. COMMERCIAL AUTOMOBILE LIABILITY 17his covers a is vnl re uired if the Licensee intends to or does o erate the Licensee owned vehicles on the Training Facilities' Emer ency Vehicle O erations Course EVOC Pursuit Intervention Techni ue PIT area Skid Pad or Driver Awareness Pad. : $5,000,000 per accident for bodily injury and property damage. 3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than: (i) $1,000,000 each accident for bodily injury; $1,000,000 disease each employee; and, $1,000,000 disease policy limit. UMBRELLA OR EXCESS INSURANCE In the event LICENSEE purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF -INSURED RETENTIONS LICENSEE shall be responsible for payment of any deductibles contained in any insurance policies required herein and LICENSEE shall also be responsible for payment of any self -insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liabilif and AWtomobile Liability insurance olicies are to contain, or be endorsed to contain, the following provisions: CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. LICENSEE shall establish additional insured status for the City and for all operations by use of ISO or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. FPD-B Private Licensee Use Agreement (04-08-14) Page 2 of 4 357968v1 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims related to this Agreement, LICENSEE's insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONSULTANT'S insurance and shall not contribute with it. LICENSEE shall establish primary and non- contributory status by using ISO Form or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 2001 0413. 4. The General Liability, Automobile Liability, and Worker's Compensation insurance policies are to contain, or be endorsed to contain, the following provision: LICENSEE and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. 5. The Commercial General Liability and Auto Liability policies shall be written on a per occurrence form. All poiicies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non -renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. LICENSEE is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction in coverage or in limits, LICENSEE shall furnish CITY with a new certificate and applicable endorsements for such palicy(ies). In the event any policy is due to expire during the work to be performed for CITY. LICENSEE shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. 0/ERIFICATION OF COVERAGE FPD-B Private Licensee Use Agreement (04-08-14) Page 3 of 4 3579680 LICENSEE shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before use by LICENSEE of the Training Facilities commences. All non -ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. FPD-B Private Licensee Use Agreement (04-08-14) Page 4 of 4 357968v1