HomeMy WebLinkAboutPD 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