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HomeMy WebLinkAbout16 OCSD AGMNT (TRAINING FACILITY) 02-05-08AGENDA REPORT MEETING DATE: FEBRUARY 5, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: OCSD KATELLA FACILITY LICENSING AGREEMENT SUMMARY The Tustin Police Department conducts firearms and officer safety training on a regular and ongoing basis utilizing off-site facilities. The Orange County Sheriff's Department Katella Training Facility is one of the venues available for these activities. We have utilized the facility in the past, but for the last several years, our contract was in limbo awaiting the County Board of Supervisors' approval of the re-drafting of the licensing agreement. The new licensing agreement is now available for signing. The availability and multiple use options of the Katella facility warrant the execution of the new licensing agreement. RECOMMENDATION Execute the licensing agreement between the Orange County Sheriff's Department and the Tustin Police Department for the use of the Katella Training Facility. FISCAL IMPACT Initial one thousand dollar ($1,000) processing fee for licensing agreement. BACKGROUND The Tustin Police Department conducts regular and ongoing firearms and officer safety training for our personnel. Since we do not have our own firearms range, we utilize Evan's Gunsmithing/Shooter's World in Orange for our live fire training and qualification. Our agreement with Evan's, a privately owned joint public and law enforcement facility, is on a month to month basis. The two ranges are limited in size and restrict the movement and distance options for training purposes. There is one small classroom/cleaning area which is not conducive to group training use. Prior to 2002, the Police Department had utilized the Orange County Sheriff's range at the Katella Training Facility as a backup range for officers who were on vacation or OCSD KATELLA FACILITY LICENSING AGREEMENT February 5, 2008 Page 2 of 3 failed to qualify on one of our regular range dates. During the expansion and improvements of the Katella location, a new licensing agreement was drafted and approved by the Board of Supervisors allowing outside agencies to access the various training options available at the location. We are not able to utilize the firearms range or other training options without the agreement unless we are doing so through a POST sponsored school such as the Force Options/Driving Simulator class. The Katella Training Facility consists of six training areas which are available to us under the licensing agreement. There are two outdoor live fire ranges for basic handgun, shotgun, and rifle qualification with a distance of up to fifty yards. These are open and staffed during most of the week and would be available for our on-duty personnel to qualify. There is also an indoor tactical range for live fire which allows for combat courses similar to what we do at Evan's, but with an area three times the width and twice the depth of Evan's range. The Tactical Training Village,- formerly Laser Village, is a mini town of seven freestanding buildings with a street, alley, and yard area for scenario training including the use of actors and Simunitions firearms. The use of this area includes the Simunitions weapons and related safety equipment which allows for realistic yet safe quality training without our department having to purchase and maintain the Simunitions equipment ourselves. The Driving and Force Options Simulators section provides the tools and trainers necessary to meet the POST requirements for our ongoing perishable skills training. We currently utilize this portion of the .facility through the POST certified classes we have sent our personnel through over the past four years. The final area available is a group of six classrooms in the administrative/tactical range building which can accommodate from 30 to 65 people for a classroom setting training area with complete A/V equipment available. The term of the licensing agreement is five years and can be cancelled by either party with thirty days notice. The fees for use of the facility areas are set per the attached fee schedule and are consistent with our currently available options at Evan's or the Prado Olympic Range. The additional charges we will incur, should we host a training day event at the Katella location, would be the cost of a Sheriff's rangemaster or training officer who is mandatory to oversee the operation of the facility during off hours. The availability and use of the Katella Training Facility is on a first come, first served basis and pre-scheduling of events other than individual officer qualifications is mandatory. The City of Tustin is self insured and would need to provide a letter of self-insurance to the County upon execution of the agreement to meet the licensing requirements. If approved, the two copies of the licensing agreement need to be signed and returned to the County for Board of Supervisors for approval prior to any use of the facilities. OCSD KATELLA FACILITY LICENSING AGREEMENT February 5, 2008 Page 3 of 3 The Katella Training Facility will provide a quality training venue for the Police Department to utilize for realistic and safe firearms and officer safety related training under a reasonable fee structure. With the recent opening of the OCSD Academy facility at Legacy, this agreement will allow the City of Tustin and the Tustin Police Department the opportunity to further our positive working relationship with the Sheriff's Department for now and into the future. SCOTT M. JORDAN Chief of Police PAT WELCH, Sergeant Range Master Attachment: Katella Training Facility Rental License Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 KATELLA TRAINING FACILITY RENTAL LICENSE This License, "License", is made , 20 , by and between the County of Orange, as LICENSOR, hereinafter referred to as "COUNTY," and the City of Tustin, a California Municipal Corporation, as LICENSEE, hereinafter referred to as "LICENSEE", without regard to number and gender. RECITALS WHEREAS, LICENSEE desires the use of a convenient and suitable facility for proficiency training and qualification of its personnel in any one or in any combination of the following training facilities: Live Fire Ranges, Tactical Range, Tactical Village, and Classrooms. WHEREAS, COUNTY owns a duly licensed firearms range, tactical range, and tactical village, known collectively as the Katella Training Facility, which meets or exceeds LICENSEE's training needs. NOW, THEREFORE, in consideration of the mutual covenants, benefits and promises contained herein, COUNTY hereby grants to LICENSEE anon-exclusive right to use aforementioned Facility on the terms and subject to the conditions and agreements as follows: 1. DEFINITIONS (PML2.1 N) The following words in this License have the significance attached to them in this clause, unless otherwise apparent from context: "PREMISES" means the Katella Training Facility, delineated by range bays, tactical range, tactical village, and classrooms, and characterized by live ammunition and Simunition training, and instructional training located at 1900 West Katella Avenue, Orange, CA 92867, which area may be more particularly defined and described by the SHERIFF. "COUNTY" shall mean the Board of Supervisors of the County of Orange, a political subdivision of the State of California, and a political body that executed this agreement. "SHERIFF" means the Sheriff-Coroner, County of Orange, or his designee. "CAPTAIN" means the Captain in charge of PREMISES, and designee of SHERIFF. "LICENSEE" means the named institutional renter, as disclosed by this agreement, together with its entire staff or any participants/students entering the LICENSE AREA under rights granted it in this License agreement. 1cKTFcityoftustinPD Page 1 of 12 Project Name: City of Tustin 1/17/2008 2:32 PM Project Location: Katella Training Facility, Orange Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 aProject File No.: PM 462-6620-03-19-9 2. TERM (PML3.1 S) This License shall become effective upon the date first above written. Said License shall continue in effect until terminated as provided in the termination clause (TERMINATION) of this License or until five (5) years from the date first written, whichever occurs first. 3. TERMINATION (PML3.2 S) This License shall be revocable by either COUNTY or LICENSEE at any time; however, as a courtesy to LICENSEE, COUNTY will attempt to give thirty (30) days written notice to LICENSEE upon revocation. 4. LICENSE AREA (PML4.1 N) COUNTY grants to LICENSEE the non-exclusive right to use a portion of the PREMISES commonly known as the Law Enforcement and Firing Ranges, Tactical Range, Tactical Village, Classrooms, Restrooms and Lounge areas ("LICENSE AREA"), shown on a plot plan attached as "Exhibit A" of this License, and incorporated by reference herein. "LICENSE AREA" means the portion(s) of the PREMISES reserved by LICENSEE for the dates and times for LICENSEE's use and approved by the SHERIFF. CAPTAIN may further define LICENSE AREA at CAPTAIN's discretion. LICENSEE shall have free and in common use of the parking areas shown on Exhibit A. 5. RENT (PML6.2 N) LICENSEE agrees to pay COUNTY all pertinent rents in accordance with the rental rates described in "Exhibit B," which exhibit is attached hereto and by reference made a part hereof. The number of persons comprising LICENSEE's user group, hereinafter "User Group", shall be determined by the SHERIFF, as SHERIFF, in his sole discretion, may deem appropriate under the circumstances. SHERIFF shall invoice LICENSEE within thirty (30) days after LICENSEE's use of LICENSE AREA. LICENSEE agrees to pay invoice within thirty (30) days after receipt of same. SHERIFF reserves the right, at any time, to pro-rate, reduce, increase, adjust, or waive such rental rates (collectively, "rent adjustment") based on one or more of the following factors: (1) The proposed use or operation of the PREMISES or any portion thereof by or for LICENSEE shall be unduly burdensome on such facilities; 1cKTFcityoftustinPD License: Katella Training Facility 01/17/08: 2:32 PM Page 2 Of 12 File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 (2) LICENSEE's proposed use or the date and time of such use of the PREMISES requires additional or unique services to be performed or provided by SHERIFF; (3) LICENSEE shall provide certain offsetting services or tangible benefits to SHERIFF or the County of Orange; (4) There are new, unexpected or increased (or decreased) costs and expenses incurred by SHERIFF in operating the LICENSE AREA; or (5) The market rental rates described under this License are less than current market rates charged in other similar facilities. (6) SHERIFF directs that a 5% or less increase in the rental rates be instituted. In no event shall rental rates be increased more than once annually. In the event such rent adjustments becomes necessary, LICENSEE shall be given sixty (60) days prior written notice by SHERIFF of any increased amounts. TRAINING FACILITIES (N) TACTICAL VILLAGE TRAINING The Tactical Village has three levels of participant involvement, representing tactical movement, interactive scenario training, and force-to-force training. For force-to-force scenario training, Simunition is required. Specially modified firearms are provided, as well as required safety gear, including helmets with full-face shields, neck protectors, chest protectors, and gloves. Tactical Movement Training All eight buildings in the Tactical Village are available for movement drills, including cover and concealment, entries, and buildings searches. Safety checked and taped firearms are permitted, with NO LIVE AMMO. Replica rubber guns are provided at no cost, if requested, for participant use. COUNTY shall determine scheduling and inclusion of Tactical Village buildings. Interactive Scenario Training All of the parameters for Tactical Movement Training are included, with role players and evaluators added for real-life interactive scenarios. Participants are evaluated on their abilities to resolve the scenario. 1cKTFcityoftustinPD License: Katella Training Facility 01/17/08: 2:32 PM Page 3 of 12 File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 'Project File No.: PM 462-6620-03-19-9 Force-on-Force Scenario Training Force-on-Force Scenario Training shall include the components of Interactive Scenario Training. In addition, Force-on-Force Scenario Training shall also include Simunition, Simunition equipped firearms, and all related safety gear. Role players are similarly equipped and interact with the participants during the scenarios, reinforcing officer safety techniques. The maximum class size shall be 24, which requires 3 scenarios. Each scenario shall have 2 role players and 1 evaluator. Evaluator cost may be minimized or eliminated if the Tactical Training Center, ("TTC"), staff has no scheduling conflicts. Elimination of Evaluator cost shall be at the sole discretion of COUNTY. Evaluators will also act as safety officers during Interactive Scenario Training and Force-on-Force Scenario Training. For the purpose of this LICENSE, evenings in the Tactical Village are those hours starting at 1500 hours or later. DRIVING AND FORCE OPTION SIMULATORS Driving Simulators are situated within the Tactical Training Center and consist of four (4) driving pods in a classroom setting. Participants are lectured by certified driving instructors as to proper defensive driving techniques, accident avoidance maneuvers, pursuit driving, and "Code Three" emergency vehicle operation procedures. Participants will operate the Driving Simulators, applying the lecture lessons to the interactive driving programs on the simulators. The Force Option Simulator is located in a separate classroom adjacent to the Driving Simulators and may be employed in conjunction with the Driving Simulators. Force Option classes are taught by certified firearms instructors specially trained in tactical decision making and officer safety techniques. The Force Option Simulator projects shoot/don't shoot scenarios, based on actual incidents, on a 12 ft. screen. Scenarios are interactive based on the participants actions, and have multiple endings. Participants are armed with dry-fire laser weapons, pepper spray, and batons. For both Driving Simulator classes and Force Option classes, including combination classes, the maximum class size shall be 8, and require 2 instructors to maintain P.O.S.T. certification for the classes. CLASSROOMS Classrooms for general instruction purposes may be rented out for whole or half days with rental rates as provided on Exhibit B of this License. All classroom rentals shall be for the entire classroom and no portioning of a classroom shall be permitted. Classrooms 101 and icKTFcityoftustinPD License: Katella Training Facility 01/17/08: 2:32 PM Page 4 of 12 File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 102 can seat up to 40 persons; Classroom 103 can seat up to 30 persons; Classroom 201 can seat up to 65 persons; Classroom 202 and 203 can seat up to 45 persons each. 7. PROCESSING FEE (N) Upon approval by COUNTY of this License, LICENSEE shall pay to COUNTY a processing fee of $1,000 for issuance of this License. Said processing fee is deemed earned by COUNTY and is not refundable. COUNTY shall provide LICENSEE with an invoice for processing fee and LICENSEE shall promptly pay the total processing fee amount within thirty (30) days after receipt of invoice. 8. USE AND SCHEDULING (PML5.1 N) LICENSEE's and User Group's use of the LICENSE AREA shall be on a first-come, first- serve basis. Reservations may be made for especially large or special classes and shall be during those days and times pre-arranged and designated by mutual agreement between LICENSEE, acting through and represented by the LICENSEE, or his written designee, and COUNTY, represented by the SHERIFF or his designee. At the option of LICENSEE, SHERIFF shall provide written confirmation of the agreed upon date and time of use of the LICENSE AREA. Where a confirmation is required, it may be prepared by SHERIFF's personnel on duty at the LICENSE AREA, and transmitted by mail, fax, or making a copy available for LICENSEE to pick-up at the PREMISES. Cancellation of any scheduled events shall be coordinated with the SHERIFF. LICENSEE agrees to pay a cancellation fee equal to the COUNTY's set up costs for the scheduled event plus 10% when such cancellation occurs less than forty-eight (48) hours prior to the scheduled event. SHERIFF may waive cancellation fees at SHERIFF's sole discretion. LICENSEE's and User Group's use of the LICENSE AREA shall be limited to those areas defined by the LICENSE AREA and shall be restricted to the terms of this License and the GENERAL CONDITIONS attached hereto and by reference incorporated herein. At all times LICENSEE is conducting firearms training at the LICENSE AREA, LICENSEE shall have present and supervising its operations, a Certified Rangemaster, Weapons Instructor or other Safety Officer with firearms training and experience adequate, in the sole discretion of SHERIFF, to serve in that capacity (i.e., NRA, FBI or P.O.S.T. Certification or other recognized training certification). LICENSEE is not required to have a Certified Rangemaster, or any other Safety Officer present during individual officer qualifications. LICENSEE agrees not to use the LICENSE AREA for any other purpose nor to engage in or permit any other activity within or from the LICENSE AREA. LICENSEE further agrees IcKTFcityoftustinPD License: Katella Training Facility 01/17/08: 2:32 PM Page 5 of 12 File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 not to conduct or permit to be conducted any public or private nuisance in, on, or from the LICENSE AREA, not to commit or permit to be committed waste on the LICENSE AREA, and to comply with all governmental laws and regulations in connection with its use of the LICENSE AREA. 9. SAFETY PRECAUTIONS (N) LICENSEE and LICENSEE's User Group shall use all safety precautions customarily used by law enforcement officers when engaged in activities of the type for which LICENSEE uses LICENSE AREA, and LICENSEE and LICENSEE's User Group shall follow all such additional safety precautions as may be prescribed by SHERIFF. 10. LIMITATION OF THE LICENSE (PML13.2 N) (1) This LICENSE and the rights and privileges granted LICENSEE in and to the LICENSE AREA are subject to the effect of the Master Lease (Various Capital Facilities), dated as of June 1, 1996 (the "Master lease"), by and between the Orange County Public Facilities Corporation and the County of Orange, California, recorded as Document Number 19960298869 in the official records of the County of Orange, as amended by that First Amendment to Master Lease, dated as of February 1, 2003, by and between the Orange County Public Facilities Corporation and the County of Orange, recorded as Document Number 2003000247455 in the official records of the County of Orange, the Site Lease, dated as of June 1, 1996 (the "Site Lease"), between the County of Orange, California and the Orange County Public Facilities Corporation, recorded as Document Number 19960298868 in the official records of the County of Orange, as amended by that First Amendment to Site Lease, dated as of February 1, 2003, by and between the County of Orange and the Orange County Public Facilities Corporation, recorded as Document Number 2003000247454 in the official records of the County of Orange and the Assignment Agreement, dated as of June 1, 1996 (the "Assignment Agreement"), between the Orange County Public Facilities Corporation and Wells Fargo Bank N.A., recorded as Document Number 19960298870 in the official records of the County of Orange. (2) LICENSEE will attorn to BNY Western Trust Company, or their successor, as Trustee (the "Trustee") under that Trust Agreement, dated as of June 1, 1996 (the "Trust Agreement"), by and between the County of Orange, California and Wells Fargo Bank, N.A., and as assignee of the Orange County Public Facilities Corporation under that Assignment Agreement, dated as of June 1, 1996, by and between the Orange County Public Facilities Corporation and Wells Fargo Bank, N.A. if the Master Lease terminates due to an Event of Default (as defined in the Master Lease) by the County there under. Notwithstanding any other provisions of this LICENSE to the contrary, this LICENSE may be terminated by the Trustee upon the occurrence of an Event of Default under the Master Lease, whether or not the Master Lease is terminated. 1cKTFcityoftustinPD License: Katella Training Facility 01/17/08: 2:32 PM Page 6 of 12 File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 (3) This License and the rights and privileges granted LICENSEE in and to the LICENSE AREA are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. This includes, but is not limited to, on-site verbal instructions communicated to LICENSEE and LICENSEE's User Group by SHERIFF's personnel on duty at the LICENSE AREA. Nothing contained in this License or in any document related hereto shall be construed to imply the conveyance to LICENSEE of rights in the LICENSE AREA, which exceed those owned by COUNTY. 11. INSURANCE LICENSEE agrees to purchase all required insurance at LICENSEE's expense and to deposit with the COUNTY certificates of insurance, including all endorsements required herein, necessary to satisfy the COUNTY that the insurance provisions of this License have been complied with and to keep such insurance coverage, certificates and endorsements therefore on deposit with the COUNTY during the entire term of this License. This License shall automatically terminate at the same time LICENSEE's insurance coverage is terminated. If within ten (10) business days after termination under this Clause LICENSEE obtains and provides evidence of the required insurance coverage acceptable to SHERIFF, this License may be reinstated at the sole discretion of SHERIFF. LICENSEE shall pay SHERIFF Two Hundred Dollars ($200) for processing the reinstatement of this License. LICENSEE agrees that LICENSEE shall not operate on the LICENSE AREA at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of SHERIFF. In no cases shall assurances by LICENSEE, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. The SHERIFF will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of LICENSEE's insurance, COUNTY may take whatever steps are necessary to interrupt any operation from or on the LICENSE AREA until such time as the SHERIFF reinstates the License. If LICENSEE fails to provide SHERIFF with a valid certificate of insurance and endorsements, or binder at any time during the term of the License, COUNTY and LICENSEE agree that this shall constitute a material breach of the License. Whether or not a notice of default has or has not been sent to LICENSEE, said material breach shall permit COUNTY to take whatever steps necessary to interrupt any operation from or on the LICENSE AREA, and to prevent any persons, including, but not limited to, members of the general public, and LICENSEE's employees and agents, from entering the LICENSE 1cKTFcityoftustinPD License: Katella Training Facility 01/17/08: 2:32 PM Page 7 of 12 File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 AREA until such time as SHERIFF is provided with adequate evidence of insurance required herein. LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from the COUNTY's action. All contractors performing work on behalf of LICENSEE pursuant to this License shall obtain insurance subject to the same terms and conditions as set forth herein for LICENSEE. LICENSEE shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by the COUNTY from the LICENSEE under this License. It is the obligation of the LICENSEE to provide written notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work within the LICENSE AREA. Such proof of insurance must be maintained by LICENSEE through the entirety of this License and be available for inspection by a COUNTY representative at any reasonable time. All insurance policies required by this License shall declare any deductible or self-insured retention (SIR) in an amount in excess of $25,000 ($5,000 for automobile liability), which shall specifically be approved by the County Executive Office (CEO)/Office of Risk Management. LICENSEE shall be responsible for reimbursement of any deductible to the insurer. Any self-insured retentions (SIRs) or deductibles shall be clearly stated on the certificate of insurance. If the LICENSEE fails to maintain insurance acceptable to the COUNTY for the full term of this License, the COUNTY may terminate this License. Qualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier). Minimum insurance company ratings as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com shall be A- (Secure Best's Rating) and VIII (Financial Size Category). If the carrier is anon-admitted carrier in the state of California, CEO/Office of Risk Management retains the right to approve or reject carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the LICENSEE shall provide the minimum limits and coverage as set forth below: 1cKTFcityoftustinPD License: Katella Training Facility 01/17/08: 2:32 PM Page 8 of 12 File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 Coverages Commercial General Liability with broad form property damage, contractual liability and products liability Automobile Liability including coverage for owned, non-owned and hired vehicles Workers Compensation Employers' Liability Insurance Minimum Limits $1,000,000 combined single limit per occurrence $2,000,000 aggregate $1,000,000 combined single limit per occurrence Statutory $1, 000, 000 All liability insurance required by this License shall be at least $1,000,000 combined single limit per occurrence. The minimum aggregate limit for the Commercial General Liability policy shall be $2,000,000. The County of Orange shall be added as an additional insured on all insurance policies required by this License with respect to work done by the LICENSEE under the terms of this License (except Workers' Compensation/Employers' Liability. An additional insured endorsement evidencing that the County of Orange is an additional insured shall accompany the certificate of insurance. All insurance policies required by this License shall be primary insurance, and any insurance maintained by the County of Orange shall be excess and non-contributing with insurance provided by these policies. An endorsement evidencing that the LICENSEE's insurance is primary and non-contributing shall specifically accompany the certificate of insurance for the Commercial General Liability. All insurance policies required by this License shall give the County of Orange thirty (30) days notice in the event of cancellation. This shall be evidenced by an endorsement separate from the certificate of insurance. In addition, the cancellation clause must include language as follows, which edits the pre-printed ACORD certificate: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENT OR REPRESENTATIVE. All insurance policies required by this License shall waive all rights of subrogation against the County of Orange and members of the Board of Supervisors, its elected and appointed 1cKTFcityoftustinPD License: Katella Training Facility 01/17/08: 2:32 PM Page 9 of 12 File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 officials, officers, agents and employees when acting within the scope of their appointment or employment. The Commercial General Liability policy shall contain a severability of interests clause. The LICENSEE is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or be self- insured in accordance with provisions of that code. The LICENSEE will comply with such provisions and shall furnish the COUNTY satisfactory evidence that the LICENSEE has secured, for the period of this License, statutory Workers' Compensation insurance and Employers' Liability insurance with minimum limits of $1,000,000 per occurrence. Insurance certificates should be forwarded to the COUNTY address provided in the Clause (NOTICES) below or to an address provided by SHERIFF. LICENSEE has ten (10) business days to provide adequate evidence of insurance or this License may be cancelled. COUNTY expressly retains the right to require LICENSEE to increase or decrease insurance of any of the above insurance types throughout the term of this License. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect COUNTY. COUNTY shall notify LICENSEE in writing of changes in the insurance requirements. If LICENSEE does not deposit copies of acceptable certificates of insurance and endorsements with COUNTY incorporating such changes within thirty (30) days of receipt of such notice, this License may be in breach without further notice to LICENSEE, and COUNTY shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit LICENSEE's liability hereunder nor to fulfill the indemnification provisions and requirements of this License. The County of Orange Certificate of Insurance and the Special Endorsement for the County of Orange can be utilized to verify compliance with the above-mentioned insurance requirements in place of commercial insurance certificates and endorsements. If LICENSEE is self-insured, LICENSEE shall provide COUNTY, before commencement of this License, a letter of self-insurance verifying all the stated coverage minimums and comparable terms. If LICENSE elects to self-insure for this License, in addition to and without limitation of any other provision of this License, LICENSEE agrees to all of the following: 1cKTFcityoftustinPD License: Katella Training Facility 01/17/08: 2:32 PM Page 10 of 12 File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 The duty to defend the County of Orange, with counsel approved in writing by the COUNTY, from any liability claim or suit to which this License applies, is broader than LICENSEE's duty to indemnify; and LICENSEE shall have the right and duty to defend the County of Orange from any and all liability claims or suits if there is any potential for indemnity under this License. 12. NOTICES (PML14.1) Except as provided in Clause (USE AND SCHEDULING), all notices pursuant to this License shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail in the State of California duly registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as aforesaid, the same shall be deemed served or delivered twenty-four (24) hours after mailing thereof as above provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by personal delivery or by regular mail and any such notice so given shall be deemed to have been given upon receipt. TO: COUNTY Orange County Sheriff's Dept. 320 N. Flower St., Suite 108 Santa Ana, CA 92703 Attn: Real Property Agent Telephone: 714.834.5233 TO: LICENSEE City of Tustin PD 300 Centennial Way Tustin, CA 92780 Attn: Chief of Police Telephone: 714.573.3220 13. ATTACHMENTS TO LICENSE (PML15.1) This License includes the following, which are attached hereto and made a part hereof: I. GENERAL CONDITIONS II. EXHIBITS Exhibit A -PLOT PLAN Exhibit B -Rental Rates // // // 1cKTFcityoftustinPD 01/17/08: 2:32 PM Page 11 of 12 License: Katella Training Facility File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 IN WITNESS WHEREOF, the parties have executed this License as of the day and year first written above. COUNTY LICENSEE APPROVED AS TO FORM: City of Tustin, a Municipal Corporation Office of County Counsel BY: Deputy Date: RECOMMENDED FOR APPROVAL: Sheriff-Coroner Real Property Services By: Title: ATTEST: Pamela Stoker, City Clerk By: Senior Real Property Agent SIGNED AND CERTIFIED THAT A COPY APPROVED AS TO FORM: OF THIS DOCUMENT HAS BEEN DELIVERED Douglas C. Holland, City Attorney TO THE CHAIRMAN OF THE BOARD OF SUPERVISORS Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California COUNTY OF ORANGE By: Chairman, Board of Supervisors 1cKTFcityoftustinPD 01/17/08: 2:32 PM Page 12 of 12 License: Katella Training Facility File No.: PM 462-6620-03-19-9 Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 GENERAL CONDITIONS 1. PERMITS AND LICENSES (AMLC - GC2 S) LICENSEE shall be required to obtain any and all permits and/or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by COUNTY, in its governmental capacity, shall affect or limit LICENSEE's obligations hereunder, nor shall any approvals or consents given by COUNTY, as a party to this License Agreement, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations. 2. SIGNS (AMLC-GC3 S) LICENSEE agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area except as approved by Sheriff. Unapproved signs, banners, flags, etc., may be removed. 3. LICENSE ORGANIZATION (AMLC-GC4 S) The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 4. COMPLIANCE WITH STATE AND FEDERAL ENVIRONMENTAL LAWS (N) COUNTY agrees to comply with applicable State and Federal environmental laws for proper maintenance and clean-up of License Area. 5. MAINTENANCE AND CLEAN-UP (N) COUNTY shall be responsible for all maintenance and clean-up of License Area for the term of this License. 6. AMENDMENTS (AMLC-GC5 S) This License is the sole and only agreement between the parties regarding the subject matter hereof; other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both parties. 7. UNLAWFUL USE (AMLC-GC6 S) LICENSEE agrees no improvements shall be erected, placed upon, operated, nor maintained on the License Area, nor any business conducted or carried on therein or IcKTFcityoftustinPDgc 1 of 4 Project Name: City of Tustin 1/17/2008 2:41 PM Project Location: Katella Training Facility Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 r Project File No.: PM 462-6620-03-19-9 therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 8. INSPECTION (AMLC-GC7 S) COUNTY or its authorized representative shall have the right at all reasonable times to inspect the operation to determine if the provisions of this License are being complied with . 9. INDEMNIFICATION (AMLC-GC8 S) LICENSEE hereby waives all claims and recourse against COUNTY including the right of contribution for loss or damage of persons or property arising from, growing out of, or in any way connected with or related to this License except claims arising from the concurrent active or sole negligence of COUNTY, its officers, agents, and employees. LICENSEE hereby agrees to indemnify, hold harmless, and defend with counsel approved in writing by COUNTY, its officers, agents, and employees against any and all claims, loss, demands, damages, cost, expenses, or liability costs arising out of the operation, use, or maintenance of the property described herein, and/or LICENSEE's exercise of the rights under this License, except for liability arising out of the concurrent active or sole negligence of COUNTY, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event COUNTY is named as co-defendant, LICENSEE shall notify COUNTY of such fact and shall represent COUNTY, with counsel approved in writing by COUNTY, in such legal action unless COUNTY undertakes to represent itself as co-defendant in such legal action, in which event LICENSEE shall pay to COUNTY its litigation costs, expenses, and attorney's fees. In the event judgment is entered against COUNTY and LICENSEE because of the concurrent active negligence of COUNTY and LICENSEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 10. TAXES AND ASSESSMENTS (AMLC-GC9 S) Although not anticipated, should this License create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable in connection with this License or upon fixtures, equipment, or other property used in connection with this License, shall be the full responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to be paid promptly. IcKTFcityoftustinPDgc 2 of 4 Project Name: City of Tustin 1/17/2008 2:41 PM Project Location: Katella Training Facility Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 Project File No.: PM 462-6620-03-19-9 11. PARTIAL INVALIDITY (AMLC-GC10 S) If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 12. WAIVER OF RIGHTS (AMLC-GC11 S) The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that COUNTY may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. 13. CONDITION OF LICENSE AREA UPON TERMINATION (AMLC-GC12 S) Except as otherwise agreed to herein, upon termination of this License, LICENSEE shall redeliver possession of said License Area to COUNTY in substantially the same condition that existed immediately prior to LICENSEE's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. 14. DISPOSITION OF ABANDONED PERSONAL PROPERTY (AMLC-GC13 S) If LICENSEE abandons the License Area or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to LICENSEE and left on the License Area 10 days after such event shall be deemed, at COUNTY's option, to have been transferred to COUNTY. COUNTY shall have the right to remove and to dispose of such property without liability therefor to LICENSEE or to any person claiming under LICENSEE, and shall have no need to account therefor. 15. TIME OF ESSENCE (AMLC-GC14 S) Time is of the essence of this License Agreement. Failure to comply with any time requirements of this License shall constitute a material breach of this License. 16. NO ASSIGNMENT (AMLC-G15 S) IcKTFcityoftusti n PDgc 1 /17/2008 2:41 PM 3 of 4 Project Name: City of Tustin Project Location: Katella Training Facility Project: City of Tustin Project Location: Katella Training Facility, 1900 W. Katella Ave., Orange, CA 92867 ` Project File No.: PM 462-6620-03-19-9 The License granted hereby is personal to LICENSEE and any assignment of said license by LICENSEE, voluntarily or by operation of law, shall automatically terminate the License granted hereby. 17. RIGHT TO WORK AND MINIMUM WAGE LAWS (AMLC-GC17 S) In accordance with the United States Immigration Reform and Control Act of 1986, LICENSEE shall require its employees that directly or indirectly service the License Area or terms and conditions of this License, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. LICENSEE shall also require and verify that its contractors or any other persons servicing the License Area or terms and conditions of this License, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States. Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, LICENSEE shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the License Area, in any manner whatsoever. LICENSEE shall require and verify that all its contractors or other persons servicing the License Area on behalf of the LICENSEE also pay their employees no less than the greater of the Federal or California Minimum Wage. LICENSEE shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the License Area or terms and conditions of this License. // // // IcKTFcityoftustinPDgc 4 of 4 Project Name: City of Tustin 1/17/2008 2:41 PM Project Location: Katella Training Facility Katella Avenue ~A.~ qp ~OE~111 MM 1~ ,f ,; ,; ,~ ,; ,; ,. ,~ ,~. ,. ~ ~~ ~~ ~~ . . .--- -_ Plot Plan Preparod: Ray Weems Katella Training Facility ~~~; COUNTY OF ORANGE O.C.S.D./COMMUNICATIONS SHERIFF/REAL PROPERTY SERVICES E1~HIBIT A ~~; 5/3/2005 Sheriff's Katella Training Facility RENTAL CHARGES LICENSEE shall be subject to the following rental charges for use of the LICENSE AREA, which SHERIFF reserves the right, at any time, to pro-rate, reduce, increase, adjust, or waive such rental rates (collectively, rent adjustment) based on one or more of the factors specified in the Clause (RENT) of the License. I. LIVE FIRE RANGES A. Ammunition Costs: .38 Caliber .....................................................................................$0.14/round 9mm caliber .............. ......................................................................$0.11/round .40 caliber ................ ......................................................................$0.12/round .45 caliber ................ ......................................................................$0.13/round .00 buckshot ............. ......................................................................$0.28/round Shotgun Slug ............ ......................................................................$0.29/round .223 caliber (frangible) ......................................................................$0.48/round Simunition ................ ......................................................................$0.50/round II. PPC RANGE AND PUBLIC RANGE -LAW ENFORCEMENT USE A. Rental Rates: 4-hour rental, Wednesday through Sunday, evenings at 1500 hours or later.... $110.00 4-hour rental, Monday and Tuesday, days or evenings ..................................... $110.00 8-hour rental, Monday and Tuesday, days or evenings ..................................... $165.00 Single law enforcement shooter firing existing course .....................................$8.00/day B. Additional Charges In addition to the 4 and 8-hour rental charge, an OCSD Weapons Instructor ("Instructor") is required at $72.00/hour, plus the cost of ammunition. COUNTY will supply targets and cardboards. Note: Law Enforcement or Government Agency Users of Practical Police Course Range ("PPC"), and Public Range may bring their own ammunition. III. TACTICAL RANGE A. Rental Rates: 4-hour rental, Monday through Friday, days ......................................................$350.00 4-hour rental, Monday through Friday, evenings and weekends ....................$165.00* 8-hour rental, Monday through Friday, days ...................................................... $500.00 8-hour rental, Monday through Friday, evenings and weekends ...................... $175.00* EXHIBIT B Page 1 of 3 RENTAL CHARGES B. Additional Charges: During regular business hours, Monday through Friday, 0800 to 1700 hours, supervision by one Instructor is included in the rental charge. Supervision by additional Instructors will be billed at $72.00/hour. At all other times, including evenings and weekends, in addition to the rental charge, supervision by an Instructor is required and such supervision is billed at $72.00/hour. In all cases, ammunition charges will also apply. COUNTY will supply targets and cardboards. For the purposes of this LICENSE, evenings on the Tactical Range are those hours starting at 1500 hours or later. * This rate does not include the cost of the Instructor. IV. TACTICAL VILLAGE TRAINING A. Rental Rates: 4-hour rental, Monday through Friday, days .............................................. $350.00 4-hour rental, Monday through Friday, evenings and weekends ....................... $165.00* 8-hour rental, Monday through Friday, days ........................................................ $500.00 8-hour rental, Monday through Friday, evenings and weekends ....................... $175.00* Role players, dependent on class size and number of scenarios .................................................................... $20.00/hour/role player Evaluators, dependent on class size and number of scenarios ....................................................................... $50.00/hour/evaluator The maximum class size shall be 24, which requires three (3) scenarios. Each scenario shall have two (2) role players and one (1) evaluator. Evaluator cost may be minimized or eliminated if the Tactical Training Center, ("TTC"), staff has no scheduling conflicts and the training occurs during normal business hours. Elimination of Evaluator cost shall be at the sole discretion of COUNTY. Evaluators will also act as safety officers during Interactive Scenario Training and Force-on-Force Scenario Training. B. Additional Charges: In addition to the 4 and 8-hour rental charge for Tactical Village Training on evenings and/or weekends, a TTC staff member is required to act as Instructor/Safety Officer and Facility Security at $111.00/hour. For the purpose of this LICENSE, evenings in the Tactical Village are those hours starting at 1500 hours or later. * This rate does not include the cost of the Instructor/Safety Officer/Facility Security Costs. EXHIBIT B Page 2 of 3 RENTAL CHARGES V. DRIVING AND FORCE OPTION SIMULATORS A. Rental Rates: 4-hour rental, Monday through Friday, days ...............................................$350.00 4-hour rental, Monday through Friday, evenings and weekends ......................... $450.00 8-hour rental, Monday through Friday, days ........................................................ $500.00 8-hour rental, Monday through Friday, evenings and weekends ......................... $750.00 B. Additional Charges: For both Driving Simulator classes and Force Option classes, including combination classes, the maximum class size shall be 8, and require 2 Instructors at $111.00/hour each to maintain P.O.S.T. certification for the classes. Rental rates shall remain static in the event the maximum class size is not reached. Classes for Driving Simulators and the Force Option Simulator shall be either 4 or 8 hours in length. Combination classes shall be 8 hours in length (4 hours of Driving Simulators and 4 hours of the Force Option Simulator). Only Tactical Training Center (TTC) staff shall serve as instructors for the Driving and Force Option Simulator classes. In the event classes are scheduled beyond normal business hours (Monday through Friday, 0800-1700), the instruction rate shall be $111.00/hour per Instructor. For the purpose of this LICENSE, evenings in the Driving/Force Option Simulator classes are those hours starting at 1500 hours or later. LICENSEE's who schedule three (3) or more successive days of events at any one of the PPC Range, Tactical Range, Tactical Village, and/or the Driving/Force Option Simulator venues shall receive a 50% discount on rental charges for the third such scheduled day. Such discount applies only to those single venues, which are scheduled for three or more successive days. Said discount does not apply to the cost of ammunition or Instructor charges. VI. CLASSROOMS The half-day or whole-day rental rate for all classrooms is $100 and $200 per classroom respectively. Ahalf-day consists of 4-hours, and a whole day consists of 8- hours. The whole day rental rate includes aone-hour lunch break. EXHIBIT B Page 3 of 3