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HomeMy WebLinkAboutSonoma County Junior College District 2018-07-01SANTA ROSA JUNIOR COLLEGE PUBLIC SAFETY TRAINING CENTER WEAPONS FIRING RANGE AGREEMENT FY 2018/19 THIS AGREEMENT, made and entered into this 1st day of July 2018, by and between UKIAH POLICE DEPARTMENT through its duly elected and appointed, qualified and acting representative, hereinafter called the AGENCY and SONOMA COUNTY JUNIOR COLLEGE DISTRICT, hereinafter called the DISTRICT. WITNESSETH: That the DISTRICT, for and in consideration of the covenants, conditions, agreements, and stipulations of the AGENCY hereinafter expressed, does hereby agree to furnish to the AGENCY services and materials as follows: DISTRICT hereby authorizes the AGENCY to use the weapons firing range located at the Santa Rosa Junior College Public Safety Training Center, 5743 Skylane Blvd., Windsor, California, operated by the DISTRICT subject to the following provisions: 1. DISTRICT agrees that the AGENCY shall have the use of all facilities of the weapons firing range with the exception of armory and utility storage room. This shall include use of the Use of Force Simulator, with a qualified SRJC instructor to operate the simulator. 2. AGENCY agrees to the use of LEADLESS AMMUNITION ONLY AND WITHOUT EXCEPTION. 3. The use of said range by the AGENCY shall be limited to those members permanently assigned to/employed by that agency. 4. DISTRICT and AGENCY agree said shooting range shall be open and usable by members of the AGENCY at such times that are mutually agreeable to both parties hereto, and further that this article does not grant exclusive use of the contracted facilities for any time or times without mutual agreement of the parties hereto. 5. The AGENCY Rangemaster must be either a successful graduate of a POST certified or FBI sponsored firearms range master school or approved by the DISTRICT'S Dean of Public Safety or representative. A Rangemaster employed by the DISTRICT shall be present at all times during range use. The instructor utilizing the Use of Force Simulator must have prior training and/or approval of the Training Center staff. firing Range Contract FY 2018..'2019 6. AGENCY agrees that members of the AGENCY shall be subject to range safety rules established by the DISTRICT and orders of the DISTRICT while exercising the privileges of this agreement. Course of fire must be pre -approved by the DISTRICT'S Director of Public Safety or representative. 7. All notices herein provided to be given or which may be given by either party to the other shall be deemed to have been given when made in writing and deposited in the United States mail, postage prepaid and addressed as follows: To the DISTRICT: And to the AGENCY: April Chapman Dean of Public Safety PUBLIC SAFETY TRAINING CENTER Santa Rosa Junior College 5743 Skylane BIvd., Windsor, CA 95492 Chief Chris Dewey UKIAH POLICE DEPARTMENT 300 Seminary Ave Ukiah, CA 95482 The address to which the notices shall or may be mailed as aforesaid to either party shall be changed by written notice given by such party to the other, as herein provided, but nothing herein contained shall preclude the giving of such notice by personal service. 8. AGENCY agrees to pay DISTRICT quarterly in arrears and upon receipt of an invoice, a rental fee of ninety-five dollars ($95.00) r hour. Total expenditure for the term of this agreement shall not exceed $ (Agency budget restriction). AGENCY agrees to provide DISTRICT at least two (2) business days' notice for cancelation of their firing range reservation. If this notice is not received, DISTRICT has the option to charge (regular hourly rates apply) AGENCY for their allotted time. 9. The parties hereto agree that the DISTRICT, and any agents and employees of DISTRICT, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of AGENCY and that agents and employees of AGENCY, in the performance of this agreement, shall act in an independent capacity and not as officers, employees or agents of DISTRICT. Firing Range Contract FY 2018.-'2019 10. (a) Neither DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by AGENCY under or in connection with this agreement. Pursuant to Government Code Section 895.4, AGENCY shall fully indemnify and hold DISTRICT harmless from any liability imposed for injury (a defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by AGENCY under this agreement. (b) Neither AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with this agreement. Pursuant to Government Code Section 895.4, DISTRICT shall fully indemnify and hold AGENCY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by DISTRICT under this agreement. 11. This agreement is not assignable by DISTRICT or AGENCY either in whole or in part. 12. The provisions of this agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 13. Workers Compensation Insurance. Before the Contract is entered into, AGENCY shall furnish to the DISTRICT satisfactory proof that it and all subcontractors it intends to employ have taken out, for the period covered by the contract, full compensation insurance and Employer's Liability with an insurance carrier satisfactory to DISTRICT for all persons whom they may employ in carrying out the work contemplated under this Contract in accordance with the Act of the Legislature of the State of California, known as the Worker's Compensation Insurance and Safety Act, approved May 26,1913, and all Acts amendatory or supplemental thereto. Such insurance shall be maintained in full force and effect during the Period covered by the contract. In the event AGENCY is Self-insured, it shall furnish a Certificate of Permission to Self -Insure, signed by the Department of Industrial Relations Administration of SeIf-Insurance, Sacramento, California. If AGENCY fails to maintain such insurance, DISTRICT may take out compensation insurance to cover any compensation which the DISTRICT might be liable to pay under the provisions of said Act as amended, by reason of any employee of AGENCY being injured or killed. The policies represented by the certificates must contain the provision (and the certificates must so state) that the insurance cannot be cancelled until thirty (30) days after written notice of intended revocation. Firing Range Contract FY 2018.;2019 14. Either party hereto may terminate this agreement at any time during said term by giving written notice thereof to the other party at least thirty (30) days prior to the effective date of such termination. No alteration or amendments shall be valid unless made in writing and signed by the parties hereof. 15. This agreement will commence on the date of execution and expire June 30, 2019. 16. Insurance. To the extent AGENCY is not self-insured AGENCY shall, during the term of this agreement, carry bodily injury liability and property damage liability insurance at its own cost and expense. Each of said policies of insurance shall name as additional insured the DISTRICT, its Governing Board and each member thereof, and its agent, servants and employees. The policy shall contain cross -liability endorsements. Such insurance, to the extent an event is not covered by the self- insured retention, at all times shall be in an amount not Iess than $1,000,000 for any injury to, or death of, any one person in any one accident or occurrence, and in an amount of not less than $10,000,000 for injury to, or death of, more than one person in any one accident or occurrence, and against liability for property damage of at least $100,000 The aforementioned minimum limits of policies shall not, however, limit liability of the AGENCY hereunder. The policies represented by the certificates must contain the provision (and the certificate must so state) that the insurance cannot be cancelled until thirty (30) days after written notice of intended revocation has been given to the DISTRICT. AGENCY shall deliver to DISTRICT one (1) certificate of this insurance prior to the execution of this Agreement, together with a statement of self-insurance program. 17. Waiver of breach. The waiver by DISTRICT of any breach of any term, covenant, or condition herein contained shall not be deemed to be waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. Acceptance of any payment by the DISTRICT shall not be deemed to be a waiver of any prior occurring breach by AGENCY of any term, covenant, or condition of this Contract, other than the failure of AGENCY to pay the particular payments so accepted regardless of the DISTRICT'S knowledge of such prior existing breach at the time of acceptance of such payments. Firing Range Contract FY 2018;2019 SONOMA COUNTY JUNIOR COLLEGE DISTRICT 1501 Mendocino Ave. Santa Rosa, CA 95401 Kate Jolley Title: Vice President of Business Services (Interim) Date: 114— UKIAH POLICE DEPARTMENT By: -.__...- Title: Alac 6kly� Date: Err -? { 300 Seminary Ave Ukiah, CA 95482 (Typed/Printed name) AGREEMENT FORM APPROVED BY DISTRICT'S Counsel Robert Henry (Rev. 9A2/94)