County of Santa Cruz. 701 Ocean Street, Suite 340, Santa Cruz, CA (831) FAX: (831)

Transcription

1 a - 0 1'17 County of Santa Cruz 701 Ocean Street, Suite 340, Santa Cruz, CA (831) FAX: (831) Mark Tracy August 25,2004 Agenda: September 21,2004 Board of Supervisors county of Santa Cruz 701 Ocean Street, Room 500 Santa Cruz, California RE: Hold Harmless agreemenutraining site Dear Members of the Board: The Sheriffs Office Special Weapons and Tactics Team (SWAT) has arranged with the Santa Cruz Metropolitan Transit District to use a METRO bus for training on November 18, This letter is to request your Board's approval to enter into a hold harmless agreement for the purpose of providing a SWAT training session. The planned SWAT training session will provide an opportunity to conduct practical exercises and scenarios, including incidents related to public transportation. This will be a special opportunity to practice in a real environment. During this training the SWAT team will use simunitions, which are similar to paintballs. It is anticipated that the use of this equipment will be kept to a minimum, and the members of the SWAT team will clean the site at the completion of the training session. In exchange for permission to use a METRO bus, the Santa Cruz Metropolitan Transit District has requested that the County sign a hold harmless agreement. This agreement is similar to ones used in the past at other trainings. 25 -

2 0178 Page 2/hold harmless agreement IT IS THEREFORE RECOMMENDED that your Board authorize the Sheriff- Coroner to sign the hold harmless agreement with the Santa Cruz Metropolitan Transit District for a Special Weapons and Tactics Team training on November 18, Sincerely, k- MarkTZ' 7 - RECOMMENDED: &st&j A. Mauriello County Administrative Officer Attachment: Hold Harmless Agreement CC: County Counsel Risk Management 5 4

3 LICENSE AGREEMENT BETWEEN SANTA CRUZ METROPOLITAN TRANSIT DISTRICT AND COUNTY OF SANTA CRUZ REGARDING THE USE BY THE SHERIFF-CORONER OF A METRO BUS Ci79 THIS LICENSE AGREEMENT is made and entered into this - day of 2004, by and between the SANTA CRUZ METROPOLITAN TRANSIT DISTRICT, (hereinafter METRO), AND THE COUNTY OF SANTA CRUZ, (hereinafter SHERIFF-CORONER), who agree as follows: 1. RECITALS 1.01 METRO S Primary Objective METRO is a public entity whose primary objective is providing public transportation and has its principal office at 370 Encinal Street, Suite 100, Santa Cruz, California s Need is a public entity whose administrative offices are located at 701 Ocean Street, Santa Cruz, California and who has a need to conduct training and practical exercises for its Special Weapons and Tactics Team (SWAT) using a METRO bus Reason For Agreement This LICENSE AGREEMENT is necessary to set the terms and conditions for use by of a METRO bus. 2. USE OF METRO BUS 2.01 Permission for use of bus METRO grants to permission, which can be revoked at any time, for its use of Bus #8086, a 1988 New Flyer, Model D-35 (hereinafter bus ) on November 18, Such bus shall be used as is and shall be transported by METRO personnel to a.location identified by. may start the engine of the bus in order to open and close the doors of the bus but does not have permission to move the bus to any other location or to move the bus within the property identified by Transfer of Bus METRO will drive the Bus to property owned by the County of Santa Cruz upon notification by of the exact location for such

4 01 80 delivery. will provide METRO with at least seven days advance notice of the proposed date and time of use of the METRO bus, and the specific property location for the training. has inspected the property and warrants that the property is compatible and useable by for its intended purpose as described herein No Damage to Property warrants that its intended use of the METRO bus will not damage or deface the bus in any manner Repair and Clean-up shall use the bus for S.W.A.T. training purposes only and shall be solely responsible at its own cost and expense for the repair and clean up of the bus upon the conclusion of the training. shall be responsible to return the bus to its original state of repair Pick-Up of METRO Bus will notify METRO when it has completed its training and has cleaned up the METRO bus. Thereafter, METRO will have 48-hours to pick-up the bus. 3. INDEMNIFICATION AND INSURANCE REQUIREMENTS 3.01 IndemnificatiodInsurance Requirements agrees to pay all costs associated with the use of the METRO bus as described herein and to indemnify METRO for any and all costs or expenses incurred by METRO arising out of or in any way related to such use. hereby waives any and all claims of any nature whatsoever that may have against METRO for injury to persons or property or loss of life, which relate to or arise out of the use of the METRO bus as described herein. further agrees to indemnify, defend and hold METRO and each of its directors, officers, agents, and employees, harmless from any and all claims, causes of action, damages, costs and liabilities for any personal injury, death, or property damage which arises, directly or indirectly from the conduct, use and or existence of the METRO bus by for the intended purpose. shall defend, with counsel reasonably satisfactory to METRO and shall indemnify and hold harmless METRO, which includes METRO S directors, officers, agents employees, successors, and assigns (for purposes of this paragraph METRO and I F \LegaP\Contractr\ Hold Harmless.doc 2

5 METRO s director s, officer s, agents, and employees, successors, and assigns are collectively referred to as METRO) from and against any damages, losses, claims, liens, expenses, liabilities, injuries, and other expenses of any nature whatsoever, including reasonable attorney s fees and costs relating to or arising from s use of the bus and/or from any activity, work or thing done, permitted or suffered by in or about the bus and/or arising or resulting from any breach or default by of its obligations under this Agreement., as a material part of the consideration given to METRO, assumes all risk of damage to the bus and any injury to persons in, upon or about the bus from any cause whatsoever and Sheriff- Coroner waives all claims in respect thereof against METRO and releases METRO from all such claims. The covenants contained in this paragraph shall survive the expiration or earlier termination of this Agreement. METRO shall promptly provide notice of any claims filed and tender to such claims and shall provide for the defense as required upon such notification. METRO will cooperate with the in defending against such claim, including making available to the evidence in METRO S possession which is necessary for the defense against the claim. In case any suit or legal proceedings shall be brought against METRO or any of its directors, officers, agents or employees on account of injury, death, loss or damage covered by the foregoing indemnity, the Sheriff- Coroner agrees to assume the defense thereof within ten (10) days of written tender from METRO, to the extent the claims contained therein come within the indemnity, and to pay all expenses relating to claims coming within the foregoing indemnity and all awards or judgments connected therewith that may be obtained against METRO or any of its directors, officers, agents or employees as a result of such suits. The agrees to at once cause any liens, judgments or awards against METRO to be satisfied, dissolved and discharged by giving bond or otherwise, covering claims coming within the foregoing indemnity. 4. GENERAL PROVISIONS COMPLIANCE While making use of the METRO bus, the shall, at its sole expense, fully and faithfully comply with any and all applicable Federal, State and local laws, rules, regulations and ordinances. During the term of this License Agreement, shall obtain and keep in full force and effect, at its sole expense, such policy or policies of insurance and in F \Legal\Contracts\ Hold Harmless doc 3

6 such amounts as may be required to fully indemnify and defend METRO as required by this Agreement No Assignment The rights granted herein to are personal to it and shall not be assigned by the Counterparts This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument No Hazardous Substances shall not bring onto the METRO bus any hazardous materials, substances or chemicals Integration and Amendment This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. Any waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of METRO and the No Smoking Neither nor its employees, agents or contractors shall smoke any substance including tobacco products in the METRO bus Responsibility for Equipment METRO shall not be responsible nor held liable for any damage to persons or property consequent upon the use, or misuse or failure of the bus, used by or any of its employees, even though the bus is to be furnished to by METRO. F \Legal\Contracts\ Hold Harmless doc 4

7 5. NOTICES All notices under this Contract shall be deemed duly given upon delivery, if delivered by hand; or three (3) days after posting, if sent by registered mail, receipt requested; to a party hereto at the address hereunder set forth or to such other address as a party may designate by notice pursuant hereto. DISTRICT Santa Cruz Metropolitan Transit District 370 Encinal Street, Suite 100 Santa Cruz, CA Attention: General Manager CONTRACTOR County of Santa Cruz 701 Ocean Street, Suite 340 Santa Cruz, CA TIME IS OF THE ESSENCE Time is of the essence for this agreement. 7. ATTORNEY'S FEES In the event suit is brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, a reasonable attorney's fee to be fixed by the court. The "prevailing party" shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. A party not entitled to recover its costs shall not recover attorney's fees. No sum for attorney's fees shall be counted in calculating the amount of a judgment for purposes of determining whether a party is entitled to recover its costs or attorney's fees. 8. AUTHORITY Each party has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each has been properly authorized and empowered to enter into it. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. [SIGNATURES ON FOLLOWING PAGE] F\Legal\Contracts\ Hold Harmless doc 5

8 0!84 Signed on A/ B 4 DISTRICT--SANTA CRUZ METROPOLITAN TRANSIT DISTRICT General Manager County of Santa Cruz By: Approved as to Form: District Counsel Approved as to Form: Jaso'h M. Heath Assistant County Counsel F \LLegal\Contracts\Sherifl-Coroner Hold Harmless doc 6