HomeMy WebLinkAboutPublic Utilites Department Sherriffs Office use of DPU property at 2792 W San Madele AveAGREEMENT TO USE CITY OF FRESNO DEPARTMENT OF PUBLIC
UTILITIES PROPERW LOCATED AT
2792W. San Madele Ave., Fresno, CA 93711 ("Propefi"),
FOR TRAINING ACTIVITIES
Department of Public Utilities Phone: 559-621-8600
ln consideration for the use of the Property, it is mutually agreed as follows:
1. Description of Prooertv. The property subject to this Agreement is that property
located a|2792 W. San Madele Ave. in Fresno, CA ("Property"), which is an unoccupied single-
family residence.
2. Purpose. Fresno County Sherriff's Office ('SHERIFF") is hereby given a
nonexclusive license to use the Property for training purposes only. This license is personal to
Sheriff and shall not be assigned. Any attempt to assign the license shall automatically
terminate it. No legal title or leasehold interest in the Property or premises is created or vested
in Sheriff by the grant of this license.
3. Reservations for Facilities. SHERIFF shall request in writing specific days and
specific times for the use of the Property at least 10 calendar days prior to the date of the
requested use. Requests shall be submitted to the Department of Public Utilities, Attn: Thomas
Esqueda, 2600 Fresno St., Fresno, CA 93721, which will then dispatch a written confirmation
of the reservation. lt is understood that other contracting parties with the CITY may have a
similar use of the Property, and reasonable accommodation of all such parties is the desired
objective. SHERIFF's use of amenities will be subject to availability.
4. Limitations.
(a) The use of the Property 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) CITY reserves the right to close the Property during times of emergency, when
needed by the CITY for its activities, for repair and maintenance, or in the event of
non-appropriation of sufficient funds for its continued operation.
(c) The use of the Property is subject to the understanding that all of the Property is
made available on an "as is" condition, and the property is not currently served by
any utilities.
(d) SHERIFF may make an appointment with CITY to inspect the Property prior to use.
SHERIFF recognizes and accepts that the Property may not be suited for training
or qualification of any kind and accepts the Property with all defects, latent or
patent.
(e) All persons using the Property shall complete a "Release, Waiver and lndemnity
Agreement" form, attached hereto as Exhibit A.
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No private use of the Property is permitted, Guests and non-SHERIFF members
or persons not expressly included with SHERIFF's prescribed use of the Property,
are not allowed to enter the Property without the prior express written consent of
the CITY, which 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 A). ln any event, all such
guests and non-SHERIFF members or persons shall be the sole responsibility of
SHERIFF.
SHERIFF will maintain the Property in a safe operative condition while in use by
the SHERIFF and will conduct adequate periodic inspections prior to and at the
conclusion of each use to that end.
No firearms shall be discharged on the subject property.
SHERIFF will contact the Department of Public Utilities Office at (559) 621-8635
whenever a unit enters the Property for a reserved period of use that is during
non-business hours. SHERIFF shall be responsible for ensuring that the entrance
remains locked and secure at alltimes with alarm activated.
Any improvements installed or provided by SHERIFF 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.
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 SHERIFF is complying with the terms and
conditions hereof, or for any other purpose incidental to the rights of CITY.
(l) SHERIFF shall supply its personnel with all equipment necessary to use the
Property.
(m) After each use of the Property, SHERIFF's personnel shall leave the Property in
the same condition it was in before use including, but not limited to, removal of
personal equipment belonging to SHERIFF, and shell casings and all other debris
when using the firing range. lf the Property is not adequately restored to the
same condition it was in before use, the CITY reserves the right to charge
SHERIFF for the costs the CITY incurs in restoring the Property to their prior
condition including, without limitation, the storing of any such personal equipment.
SHERIFF shall promptly pay for all charges upon receipt of written notice or
invoice.
(n) SHERIFF shall not interfere with the use of the Property by other users.
5. lndemnification. Release and Waiver.
(a) To the furthest extent allowed by law, SHERIFF forever releases, discharges,
indemnifies, holds harmless and defends the CITY and each of its officers,
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(f)
(g)
û)
(k)
(h)
(i)
(b)
otficials, employees, agents and volunteers (referred to collectively as "CITY" in
this Section) from and against any and all loss, liability, costs and damages
(whether in contract, toft or strict liability, including but not limited to personal
injury, death at any time and property damage) incurred by CITY, SHERIFF 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 SHERIFF's use of the Property. SHERIFF'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.
CITY shall not be liable for any damage to any property owned or leased by
SHERIFF, or in SHERIFF'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, Property or equipment used.
SHERIFF acknowledges that the Property and activities involving weapons,
physical agility and contact, K-9 training, and law enforcement specialized driver
training have inherent dangers that no amount of care, caution, instruction or
expertise can eliminate.
SHERIFF VOLUNTARILY ASSUMES THE RISK OF PERSONAL INJURY,
PROPERTY DAMAGE AND/OR WRONGFUL DEATH TO SHERIFF 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 C¡TY.
The license granted hereunder is freely revocable by CITY and in view of such
fact, SHERIFF expressly assumes the risk of making any expenditures in
connection with this license, even if such expenditures are substantial. Without
limiting any indemnification obligations or other waivers contained herein and as a
material part of the consideration for this license, SHERIFF 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.
SHERIFF, as a material part of the consideration to be rendered to CITY under
this Agreement, waives all claims against CITY for damages to all SHERIFF's
personal property in, on, or about the Property.
CITY shall not be liable to SHERIFF for any damage by or from any act or
negligence of any other user of the Property. SHERIFF agrees to pay for all
damages to the Property, as well as all damage to other persons using the
(c)
(d)
(e)
(f)
(e)
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Property and to the property of those persons caused by SHERIFF's misuse or
negligent use of the Property.
(h) This Section shall survive expiration or termination of this Agreement.
6. lnsurance.(a) lt is understood and agreed that City and SHERIFF maintain insurance
policies or self-insurance programs to fund their respective liabilities.
SHERIFF agrees that policy coverage for Workers' Compensation shall
contain a waiver of subrogation as to CITY and each of its officers, officials,
agents, employees and volunteers.
(b) SHERIFF'S General Liability and Automobíle Liability insurance policies are
to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to
be covered as additional insureds. SHERIFF shall establish additional
insured status for the City.
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 lnsured.
3. For any claims relating to this Agreement, SHERIFF'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 SHERIFF'S
insurance and shall not contribute with it.
(c) Verification of coverage. SHERIFF 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 work commences. Upon request of CITY,
SHERIFF 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.
7. Conformity with Law and Safety. SHERIFF shall observe and comply with, and
shall ensure that its personnel utilizing the Property observes and complies with, all 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 Property by SHERIFF shall be in accordance with the then current Manual and these
laws, ordinances, codes and regulations. SHERIFF shall hold CITY harmless from any and all
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liability, fines, penalties and consequences from any noncompliance or violations of laws,
ordinances, codes and regulations.
8. Accidents. lf a death, personal injury or property damage occurs in connection
with the performance of this Agreement, SHERIFF shall immediately notify the CITY in person
or by telephone, SHERIFF shall promptly submit to GITY 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 SHERIFF's liability insurance carrier; (3) a detailed
description of accident and whether any of CITY's equipment, tools, material or staff were
involved.
9, Citv Propertv. SHERIFF shall promptly pay for or restore any damage to CITY
property caused by SHERIFF and arising out of the performance of this Agreement, upon
receipt of written notice or invoice. SHERIFF shall not use CITY premises, property (including
equipment, instruments and supplies) or personnel for any purpose other than in the
performance of his/her obligations under this Agreement.
10. Druo-Free Workplace. SHERIFF and SHERIFF's employees shall comply with
the CITY's policy of maintaining a drug-free workplace. Neither SHERIFF nor SHERIFF'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 Property. lf SHERIFF or any employee of
SHERIFF is convicted or pleads nolo contendre to a criminal drug statute violation occurring at
a CITY facility or work site, the SHERIFF within 5 days thereafter shall notify the CITY in
writing. Violation of this provision shall constitute a material breach of this Agreement.
11. Non-discrimination. SHERIFF assures that it will comply with Title Vll 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 or 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
othenrise be subjected to discrimination under this Agreement.
12. Assionment of Aoreement. Nothing contained in this Agreement shall be
construed to permit assignment or transfer by SHERIFF of any rights under this Agreement
and such assignment or transfer is expressly prohibited and void.
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California,
the day and year first above written.
CITY OF FRESNO,
a municipal corporation
FRESNO COUNTY OFFICE OF THE SHERIFF,
a division of the County of Fresno, California
Title:
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By
ATTEST:
WONNE SPENCE, CMG
City Clerk
APPROVED AS TO FORM:
DOUGLAS T, SLOAN
Gity Attorney APPROVEDAS TO FORM
Y
F.v./rBy:
Amanda B. Freeman Date
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