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PD 1600 Los Gamos Training Facility UseCOUNTY OF MARIN SHERIFF'S DEPARTMENT LOS GAMOS FACILITY TRAINING ROOM 1600 Los Gamos San Rafael, CA 94903 Contact Phone: Contact Email: AGREEMENT FOR USE OF TRAINING FACILITIES This Agreement is made and entered into this Z i day of MW &t 2017, by and between the COUNTY OF MARIN, a corporate and political subdivision of the State of California, acting by and through its Board of Supervisors, hereinafter referred to as COUNTY and the CITY OF SAN RAFAEL, a charter city of the State of California, herein referred to as CONTRACTOR. WITNESSETH WHEREAS, COUNTY owns and maintains certain Training Facilities on its property in the City of San Rafael, County of Marin, State of California; and WHEREAS, CONTRACTOR, a public entity, desires permission for the use of said Training Facilities; and WHEREAS, COUNTY is agreeable to said use of its Training Facilities and hereby grants permission for said use upon the following terms and conditions and CONTRACTOR agrees to the terms and conditions herein; NOW, THEREFORE, in consideration for the use of these facilities it is mutually agreed as follows: DESCRIPTION OF PROPERTY The property subject to this Agreement is that property located at 1600 Los Gamos Drive, San Rafael, CA, 94903, commonly known as follows: Marin Commons, and limited use of the Arrest and Control Mat Room and any related facilities PURPOSE CONTRACTOR is hereby given a nonexclusive license to use said facilities for training purposes only. TERM OF AGREEMENT January 1, 2017 — December 31, 2017 RESERVATIONS FOR FACILITIES CONTRACTOR shall request in writing specific days and specific times for the use of said facilities at least ten (10) days prior to the date of requested use. Requests shall be submitted to the Marin County Sheriff's Office: Attention Sgt. Hernandez, Training Manager, which will then dispatch a written confirmation of the reservation. It is understood that other contracting parties with the COUNTY may have a similar use of the facilities, and reasonable accommodation of all such parties is the desired objective. LIMITATIONS A. The use of said Training Facilities is subject to the understanding that the facility is/can be reserved only if not in use by the COUNTY or other similar contracting parties with the COUNTY. B. COUNTY reserved the right to close the Training Facilities during times of emergency, or when needed by the Sheriff's Office for its activities. C. COUNTY reserved the right to use said Training Facilities at all times, and may terminate use of facilities by notice to CONTRACTOR'S designated representative at: Name: Captain Glenn McElderry Address: 1400 Fifth Ave, San Rafael, CA 94901 Contact Info: (415) 485-5301 D. The use of said Training Facilities is subject to the understanding that all facilities are made available on an "as is" condition. E. CONTRACTOR will maintain said facilities in a safe operative condition while in use by the CONTRACTOR and will conduct adequate periodic inspections prior to and at the conclusion of each use to that end. F. Utilities (water and electricity) that are available without alteration or modification by COUNTY will be supplied without charge and the repair and maintenance of the facility will by the responsibility of COUNTY. G. CONTRACTOR will contact Training Manager Sgt. Hernandez whenever a unit enters COUNTY'S training facilities for a reserved period of use that is during non -business hours. H. COUNTY, or its duly authorized representatives or agents, may enter upon said premises at any and all reasonable times during the term of use for the purpose of determining whether the CONTRACTOR is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the COUNTY. INDEMNIFICATION, HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR agrees to hold harmless the COUNTY, and the SHERIFF, and their officers, agents, departments, officials, representatives and employees from and against any and all claims, loss, costs, injury or death, fees, expenses, demands, actions, lawsuits, and damages, including payment of reasonable attorney's fees, arising out of or resulting from the performance of and participation in this Agreement, or any part thereof, for any negligent acts, omissions or intentional misconduct of CONTRACTOR or CONTRACTOR'S employees, agents, subcontractors, or volunteers, while on COUNTY property or which otherwise occur as a result of the performance of this Agreement by CONTRACTOR. INSURANCE, SELF INSURANCE CONTRACTOR shall provide COUNTY prior to execution of this Agreement proof of insurance via a Certificate of Insurance (ACCORD form) or a letter of self-insurance with the following coverages and limits: • General Liability of $1,000,000.00, naming the COUNTY as an Additional Insured via Endorsement within the limits of both self-insured and applicable excess coverage; • Workers' Compensation of $1,000,000.00, and further, neither the CONTRACTOR nor its carrier shall be entitled to recover from COUNTY or its excess carrier any costs, settlements or expenses of Workers' Compensation claims arising out of use of said facility as herein described by providing a waiver of subrogation to COUNTY; • Commercial Auto of $1,000,000.00 CONFORMITY WITH LAW AND SAFETY CONTRACTOR shall observe and comply 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 COUNTY Training Facility by CONTRACTOR must be in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall hold COUNTY harmless from any and all liability, fines, penalties and consequences for any noncompliance or violations of such laws, ordinances, codes and regulations. A. Accidents: If a death, serious personal injury or substantial property damages occurs in connection with the performance of this Agreement, CONTRACTOR shall immediately notify Sheriff's Department and Risk Management, in person or by telephone. CONTRACTOR shall promptly submit to COUNTY and the Risk Management a written report, in such form as may be required by COUNTY, of all accidents which occur in connection with this contract. This report must include the following information: (1) Name and address of the injured or deceased person (2) Name and address of CONTRACTOR'S liability insurance carrier (3) A detailed description of accident and whether any of COUNTY'S equipment, tools material or staff were involved. B. Countv Propertv: CONTRACTOR shall promptly pay for or restore any damage to COUNTY property caused by CONTRACTOR and arising out the performance of this Agreement, upon receipt of written notice or invoice. CONTRACTOR shall not sue COUNTY premises, property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement. C. Assignment of Contract: Nothing contained in this Agreement shall be construed to permit assignment or transfer by CONTRACTOR of any rights under this Agreement and such assignment or transfer is expressly prohibited and void. D. Choice of Law: This Agreement shall be governed by the laws of the State of California. E. Modification of Agreement: This Agreement may be supplemented, amended or modified only by mutual agreement of the parties. No supplement, amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below, and COUNTY has hereunto caused its corporate name to be signed by the Sheriff s Department authorized agent who hereunto is duly authorized the day and year written below: CONTRACTO By: Agency ity Head or Agent with Authority to enter into a Contractual Agreement Date: Ap roved as to form: San Rafael City Attolney CO OF MARIN By - Training Manager Marin County Sheriffs Office 1600 Los Gamos Drive San Rafael, A 949 Date: 2� \ 4 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Police Department Project Manager: Alan Piombo Extension: 3020 Contractor Name: Marin County Sheriff's Department Contractor's Contact: Bill Hernandez Contact's Email: bhernandez@marinsheriff.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A 3/13/2017 b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement Click her:. to and return to Project Manager enter a date. ❑ b. Confirm insurance requirements, create Job on N/A PINS, send PINS insurance notice to contractor ❑ 3 Project Manager Forward three (3) originals of final agreement to Click Isere to ❑ contractor for their signature enter a elate. 4 Project Manager When necessary, * contractor -signed agreement ® N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 G cic here to Date of Council approval enter,3 da -e PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed 311-311-7 Q Qj agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and l ' forwards copies to Project Manager