HomeMy WebLinkAboutC-7062-1 - License Agreement for Use of City Facilities (UCFLA) (PD Firearms Training Facility)CITY OF CORONA
LICENSE AGREEMENT
FOR USE OF CITY FACILITIES (UCFLA)
CITY OF NEWPORT BEACH POLICE DEPARTMENT
(PD FIREARMS TRAINING FACILITY)
1. PARTIES AND DATE.
This License Agreement for Use of City Facilities ("Agreement") is entered into this 1st
day of January 2016 by and between the City of Corona, a municipal corporation organized
under the laws of the State of California with its principal place of business at 400 South
Vicentia Avenue, Corona, California 92882 ("City"), and City of Newport Beach Police
Department, a municipal corporation with its principal place of business at 870 Santa Barbara
Drive, Newport Beach, California 92660 ("Customer"). City and Customer are sometimes
individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 City Facilities. Customer desires to use City facilities and/or apparatus located at
710 Public Safety Way, Corona CA 92880 in the City of Corona, California, known as City's
Police Department Firearm Training Facility ("City Facilities").
2.2 Event. Customer desires to use the City Facilities for the purposes of Firearm
Training on from 12:01 am January 1, 2016 through midnight on June 30, 2016 ("Event"). The
date(s) and time(s) of the Event are subject to change pursuant to the mutual agreement of the
Parties, and the Event shall also be subject to all terms and conditions of this Agreement.
2.3 License. City is willing to allow Customer to use the City Facilities pursuant to
the terms and conditions set forth in this Agreement.
3. TERMS.
3.1 City Facilities. City agrees to allow Customer to use the City Facilities pursuant
to this Agreement and any additional conditions on the attached Exhibit "A" incorporated herein
by this reference. The City Facilities are subject to the needs of the City and, as such,
Customer's use of City Facilities may be cancelled by the City at any time. In the event City
determines, in its sole and absolute discretion, that the City Facilities are needed for any City
purposes, Customer shall immediately vacate the City Facilities upon notice by City.
3.2 Event. Customer represents and warrants that all attendees, participants, students,
and instructors are qualified to participate in the Event and use the City Facilities. The City
retains the discretion to terminate this Agreement and require Customer and all participants or
observers to immediately vacate the City Facilities if the Event or anyone's participation in the
Event poses any kind of threat or liability to the City, the public, or anyone else. Event
participants, students, and instructors are at all times employees, agents and contractors of
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Customer and shall not be considered an employee or agent of City for any purpose related to the
Event.
3.3 Release of Liability. In consideration of City's agreement to allow Customer to
use the City Facilities, Customer, on behalf of itself and its officials, officers, employees,
contractors, agents, volunteers, successors, assigns, attendees, participants, students and
instructors, hereby releases and forever discharges the City and each of its officials, officers,
employees, contractors, agents, volunteers, successors and assigns from any and all known and
unknown, certain or contingent, past, present or future obligations, liabilities, demands, claims,
costs, expenses, debts, controversies, damages, actions, and causes of action of every nature,
character, or description which they may have against the City, arising from or in any way
related to the Event, use of City Facilities or this Agreement.
CUSTOMER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS
FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE
SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR."
BY INITIALING BELOW, CUSTOMER HEREBY WAIVES THE
PROVISIONS OF SECTION 1542 IN CONNECTION WITH THE RELEASED
MATTERS.
Initials of Cu mer Representative
3.4 Indemnification. To the fullest extent permitted by law, Customer shall
indemnify, defend and hold harmless City, its officials, officers, employees, contractors, agents,
volunteers, successors and assigns from and against any and all claims, damages, demands,
liability, costs, losses, injuries and expenses, including, without limitation, court costs and
reasonable attorneys' fees and costs, in any manner arising out of or incident to any acts,
omissions or willful conduct of Customer or its officials, officers, employees, contractors,
agents, volunteers, successors, assigns, attendees, participants, students and instructors related to
this Agreement, including without limitation any actions or inactions in any way related to the
use of the City Facilities or participation in the Event, whether or not while using City
equipment, supplies and apparatus, as well as related to the failure to obtain and provide to the
City a Participant Release from each Participant.
3.5 Participant Release. Customer shall ensure that all attendees, participants,
students, and instructors participating in the Event ("Participant") sign and execute a release,
substantially in the same form set forth in Exhibit "B" attached hereto and incorporated by this
reference ("Participant Release"). No one shall attend or participate in the Event or use the City
Facilities without signing and executing a Participant Release.
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3.6 Insurance. Customer shall, at its sole expense, procure and maintain for the
duration of its obligations under this Agreement insurance against claims for injuries to persons
or damages to property which may arise from or be in connection with the City Facilities and the
Event or activities conducted by Customer, its elected officials, officers, employees, contractors,
agents, volunteers, students, and participants. The insurance shall take the form of a commercial
general liability policy, to include bodily injury, personal injury, and property damage coverage,
written on an occurrence basis with a company reasonably acceptable to the City, in an amount
not less than Two Million Dollars ($2,000,000) to cover any activities performed by any person
under the permission granted herein and any damage or loss suffered or incurred by the City, its
elected officials, officers, employees, contractors, agents, and volunteers resulting from such
activity. Customer shall maintain workers compensation and employer's liability insurance
coverage in the statutorily required amounts, if applicable. Customer shall require its insurer to
waive all rights of subrogation against City, its elected officials, officers, employees, contractors,
agents, and volunteers. Customer will provide evidence of such insurance coverage to City's
satisfaction prior to the Event. Customer shall cause all such policies to be endorsed to add the
City, its elected officials, officers, employees, contractors, agents, and volunteers as Additional
Insureds. The above insurance requirement can be met by the Customer in the form of self-
insurance or through participation in a governmental risk sharing pool.
3.7 City Policies; Laws and Regulations. Customer shall comply with any City
written policies related to the City Facilities, as well as any other safety requirements and
instructions given to Customer by City personnel, as provided for further in Exhibit "A" attached
hereto. Customer shall keep itself fully informed of and in compliance with all local, state and
federal laws, rules and regulations in any manner affecting the performance of the Event,
including all Cal/OSHA requirements, and shall give all notices required by law. Customer shall
be liable for all violations of such laws and regulations in connection with this Agreement.
Notwithstanding the foregoing, other than any oral instructions provided during the event or
written policies provided for in Exhibit "A" attached which addresses clean-up efforts during the
Event, Customer shall not be liable for any clean-up costs or similar remediation efforts incurred
by City to clean-up or maintain the City Facilities as a result of Customer's use of the City
Facilities.
3.8 Governmental Approvals. Customer shall or has obtained obtain all necessary
and applicable federal, state and local approvals, certifications, and permits to conduct the Event
prior to use of City Facilities. City reserves the right to require Customer to provide proof
regarding these approvals, certifications, and permits.
3.9 Term of Agreement. This Agreement shall be in effect throughout the duration of
the Event, provided that City may terminate this Agreement at any time for any or no reason.
3.10 Notices. Except as otherwise expressly provided by law, any and all notices or
other communications required or permitted by this Agreement to be served on or given to either
party to this Agreement shall be in writing and shall be deemed duly served or given when
personally delivered to the party to whom it is directed or to any managing or executive officer
or director of that party in lieu of personal service when deposited in the United States mail, first
class postage prepaid, addressed as follows:
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Customer:
City:
City of Newport Beach - Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
Attn: Support Service Division / SWAT — CNT
Lieutenant Dennis Birch
City of Corona
400 S. Vicentia Avenue
Corona, CA 92882
Attn: Corona Police Department / Fiscal Service Unit
3.11 Survival. Customer's obligations to release, indemnify, defend, and hold
harmless the City as set forth in Section 3.4 of this Agreement shall survive expiration or
termination of the term of this Agreement and shall remain in effect until there is no risk to the
City of liability for any claims or losses due to the use of the City Facilities for the Event.
3.12 Interpretation. The provisions of this Agreement are intended by the parties to be
interpreted and construed to provide the fullest protection possible under the law to the City.
3.13 Selection of Counsel. Customer's obligation to indemnify the City under this
Agreement shall include the obligation of Customer to defend City with legal counsel of City's
own choosing. In the event City elects not to select such counsel, the designation of such
counsel shall be made by Customer but shall be subject to prior approval by City.
3.14 Attorneys' Fees and Costs. In the event that any action or proceeding is
commenced between the City and Customer to enforce or interpret any term of this Agreement,
the prevailing party in such action or proceeding, in addition to all other relief to which it may be
entitled, shall be entitled to recover from the other party the prevailing party's costs of suit and
reasonable attorneys' fees and costs. The attorneys' fees and costs recoverable pursuant to this
section include, without limitation, attorneys' fees and costs incurred on appeal and those
incurred in enforcing any judgment rendered. Attorneys' fees and costs may be recovered as an
element of costs in the underlying action or proceeding or in a separate recovery action.
3.15 Entire Agreement. This written document contains the entire agreement of the
parties and supersedes any prior oral or written statements or agreements between the parties.
No supplement, modification, or amendment of this Agreement shall be binding unless executed
in writing by the parties.
3.16 Waiver and Severability. No waiver of any default shall constitute a waiver of
any other breach or default, whether of the same or of any other covenant or condition. No
waiver, benefit, privilege or service voluntarily given or performed by either party shall give the
other party any contractual right by custom, estoppel or otherwise. If any provision of this
Agreement is invalid or unenforceable with respect to any party, the remainder of this
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Agreement or the application of such provision to persons other than those as to whom it is held
invalid or unenforceable, shall not be affected and each provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
3.17 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original and which collectively shall constitute one instrument.
3.18 Authority; Binding on Successors and Assigns. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to enter
into this Agreement and bind each respective parry. This Agreement shall be binding on and
inure to the benefit of the successors and permitted assignees of the respective parties.
Notwithstanding the foregoing, this Agreement may not be assigned by Customer unless City
consents in writing to such assignment.
3.19 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of California. Any action to interpret or enforce this Agreement shall be brought and
maintained exclusively in the courts of and for Riverside County, California.
[SIGNATURES ON NEXT TWO (2) PAGES]
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CITY'S SIGNATURE PAGE FOR
CITY OF CORONA
LICENSE AGREEMENT
FOR USE OF CITY FACILITIES
(CITY OF NEWPORT BEACH)
(PD FIREARMS TRAINING FACILITY)
CITY OF CORONA,
a California municipal corporation
Lo
Attest:
Kichael E. Abel
Chief of Police
Approved s to Form:
�D e
ity Attorney
CA\DD\02000.51503\1 0 162595.1
6 (CITY ATTY: 12-15)
LICENSEE'S SIGNATURE PAGE FOR
CITY OF CORONA
LICENSE AGREEMENT
FOR USE OF CITY FACILITIES
(CITY OF NEWPORT BEACH)
(PD FIREARMS TRAINING FACILITY)
CITY OF NEWPORT BEACH
a California municipal corporation
By:
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APPROVED TO FORM:
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CA\DD\02000.5 l 503\ 10162595.1
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EXHIBIT "A"
CONDITIONS OF USE AND FACILITY DESCRIPTION
Conditions of Use
1. City Instructions and Policies. Customer shall be responsible for ensuring that all
attendees, participants, students and instructors participating in the Event comply with all oral
instructions, directions and other safety requirements and instructions given to Customer by City
personnel Customer. By executing this Agreement, Customer acknowledges that the City has
provided Customer with a copy of the following written policy and that Customer shall be
responsible for ensuring that all attendees, participants, students and instructors participating in
the Event comply with such policy:
The Corona Police Firearms Training Facility
Rules and Regulations for Law Enforcement Personnel (12/24/02).
2. Rate Schedule. Approved by Resolution No. 2015-066; Firearm Range Rental -
Fee # PO -1002
• 1/2 -Day Rentals on the 10 Pistol Bays or 5 Rifle Bays individually at $300
• 1 Full -Day Rentals on the 10 Pistol Bays or 5 Rifle Bays individually at $495
• 1/2 -Day Rentals of both 10 Pistol Bays and 5 Rifle Bays at $550
• 1 Full -Day Rentals of both 10 Pistol Bays and 5 Rifle Bays at $895
• Simulator $250 per day
• Buy two, get one free rental session
Facility Description
Corona Police Department Firearms Facility located at 710 Public Safety Way, Corona,
California 92880.
CA\DD\02000.5 t 503\10162595.1
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The Corona Police Firearms Training Facility
Rules and Regulations for Law Enforcement Personnel
A) Training Objective
1) The Corona Police Firearms Training Facility is operated by the Corona
Police Department for the purposes of training Corona Police personnel,
training other law enforcement personnel and to provide a firearms range
open to other law enforcement agencies (guest agencies) for their own
training.
2) The use of these facilities by all shooters is contingent upon the
observation and acceptance of the attached rules and regulations that
have been established for the safe and efficient operation of the Firearms
Training Facility.
6) Hours of Operation
1) All shooting is scheduled through the Corona Police Rangemaster,
Training Sergeant or Training Officer.
C) General Range Regulations
1) Department paid range privileges are for all Corona PD sworn personnel.
These privileges, however, do not extend to the shooter's family, friends,
relatives or guests.
2) Any range ammunition which fails to fire, shall be returned to the
Rangemaster for replacement. Live ammunition shall NOT be placed in
the brass buckets.
3) Range ammunition or empty brass provided by this facility shall NOT be
removed from the facility grounds without approval of the Corona Police
Rangemaster, Training Sergeant or Training Officer.
4) Profanity, gambling, disorderly conduct, or drinking of alcoholic beverages
is prohibited on the facility grounds.
5) Interference or unnecessary conversation with any other shooter on the
firing line is prohibited.
6) All trash shall be placed in the appropriate receptacles.
7) Shooters will police their shooting areas. Shooters may remove all of their
own personal empty brass. Salvaging of Department or other shooter's
brass is not allowed.
12/24/02 1
8) No smoking, food or drinks are permitted on the firing line
9) Training firearms, equipment and props will not be removed from the
range unless approved by the Corona Police Training Sergeant.
10)AII range lanes will be policed and all equipment returned to the proper
location prior to securing the facility for closing.
11)Appropriate clothing attire is required when using the range. No open -toe
shoes or sandals are permitted.
D) Safety Regulations
1) In matters of "Safety Operating Procedures', the on -duty Rangemaster is
the ultimate authority on the range. Any deviation from the Rangemaster's
commands, orders, or decisions may be grounds for immediate revocation
and suspension of range privileges.
2) At the beginning of each day or at the beginning of a new shooting event,
the responsible Firearms Instructor or Rangemaster will inspect the live -
fire portion of the Firearms Training Facility for any hazards before
allowing any firearms training.
3) Any Rangemaster or Firearms Instructor has the authority to inspect any
and all weapons and ammunition brought onto the facility grounds for
safety and approval. Refusal to submit said articles for inspection upon
demand is grounds for immediate denial and/or suspension of range
privileges.
a) Defective or unsafe weapons will not be permitted on the firing line.
b) Only factory loaded ammunition is permitted. Hand -loaded or reloaded
ammunition is not permitted on the facility grounds.
c) Armor piercing (AP), tracer or incendiary ammunition is not permitted
on the facility grounds.
4) The on -duty Corona Police Rangemaster has the authority to immediately
revoke range privileges from any person for any violation of the rules or
regulations, and may order said person to leave the firing line and
premises immediately.
12/24/02 2
5) All law enforcement personnel entering upon, remaining upon, or leaving
the facility shall carry all firearms in a safe manner, adhering to the
following:
a) All weapons brought into the facility shall be in an unloaded
condition unless the weapon is worn directly on the person in a
holster or carried concealed upon the person in a secure manner.
b) Unless worn directly on the person, revolvers shall be carried either
holstered, cased or with the cylinder open.
c) Unless worn directly on the person, semiautomatic pistols shall be
holstered, cased, or have the slide locked back in the rear position.
The magazines shall be removed from the weapons.
d) Other weapons (such as shotguns, rifles, automatic weapons, gas
guns, etc...) shall be carried with the action open and all magazines
and projectiles removed.
6) Firearms will be loaded and unloaded with the muzzles pointed in a safe
direction and only in the following locations:
a) In the Ready Room or Armory utilizing the bullet containment
device.
b) On the Firing Line with muzzle pointed down range as directed by
the Rangemaster or Firearms Instructor.
c) Forward of the Firing Line with muzzle pointed down range as
directed to do so by the Rangemaster or Firearms Instructor.
d) or any other area designated by the Corona Police Rangemaster
7) No shooting will take place in the Firearms Training Facility unless
supervised by a Corona Police Rangemaster or Corona Police Firearms
Instructor.
8) The guest agency's designated Firearms Instructor(s) shall retain
complete responsibility for the safety of his/her personnel and safe
firearms training within the Corona Police Firearms Training Facility,
Defensive Tactics Facility, City of Corona Training Facility, Corporation
Yard and associated grounds.
12/24/02 3
9) Firearms shall not be handled, cycled, or displayed behind the firing line
(Except in designated areas). No weapons or equipment shall be left
unattended.
10)Before cleaning or servicing any weapons, the weapons shall be checked
to make sure it is unloaded. Cleaning and/or servicing of firearms shall be
permitted only in the designated areas.
11)Shooters unfamiliar with range operation or the course -of -fire shall contact
the Rangemaster or Firearms Instructor for clarification.
12)AII shooters on the firing line shall adhere to the following:
a) Only shooters assigned to a target shall be permitted on the firing line
with the exception of the following:
(1) Rangemaster
(2) Firearms Instructors
(3) Coaches who have been authorized by the Rangemaster
(4) Training officers who have been authorized by the Rangemaster
b) Upon the command of the Rangemaster or Firearms Instructor, all
shooters on the firing line shall remove their weapons from their cases
or holsters and load them.
c) All shooters on the firing line shall cease fire, enable weapon safety
device, holster their weapon or unload it safely and bench it, and stand
behind the firing line when the following occurs:
(1) Upon the command of the Rangemaster
(2) When the shooter's "locally controlled" target edges unexpectedly
d) The muzzle of all weapons shall be pointed down range at all times.
e) The following weapons are prohibited from being fired at this facility:
(1) Black powder weapons
(2) Damascus barreled weapons
(3) Twist barreled weapons
(4) Any weapon capable of chambering ammunition with greater
muzzle energy than a .308 Winchester (unless approved by the
Corona Police Rangemaster)
(5) Any weapon that the on -duty Rangemaster or Firearms Instructor
deems unsafe
12/24/02
f) No malfunctioning weapon shall be removed from the firing line without
first clearing the malfunction and removing all ammunition, unless
directed otherwise by the Rangemaster or Firearms Instructor. If
assistance is required, keep the weapon pointed down range and raise
your non -shooting hand.
g) Everyone on the firing line shall wear eye and ear protection except
when the Rangemaster or Firearms Instructor authorizes shooters to
remove the gear temporarily for verbal instructions and lecture.
h) Sunglasses and other light restricting eyewear are not authorized to be
worn on the firing line unless medically prescribed and/or approved by
the Rangemaster.
I) Ammunition shall be handled with care. Do not throw or toss live
ammunition to the ground.
j) Do not turn or twist the target carrier by hand as this will damage the
carrier shaft.
k) Do not operate the carriers in fast mode.
1) The top edge of all targets on the Rifle Bay shall be attached to the
cardboard backing at least 12 inches below the target holder clamp.
m) When shooting rifles or shotgun slugs, shooters will initially fire at
"center -body -mass" of the target and no more than 50 yards from the
bullet trap until proper sight alignment and shot placement have been
determined. This does not apply to experienced precision rifle
marksmen or experienced SWAT team members who practice with
their rifle or shotgun on a monthly basis.
n) RIFLE RANGE:
All shooting will be conducted with the target at the 300' position, any
adjustments in distance the responsible Safety Officer will move the
line forward or back to adjust the distance. The target retrieval system
will be used to retrieve targets only not to adjust target distance. This
policy will insure that expended rounds will impact the bullet trap,
minimize baffle erosion and eliminate the possibility of rounds escaping
the range.
o) PRONE SHOOTING:
When shooting from the prone position on either the rifle or pistol
policy change will insure that all expended rounds end up in the trap. The
Safety Officer will note these angles to insure all expended rounds will
impact the bullet trap safely.
12/24/02
p) FULLY AUTOMATIC GUNFIRE:
Any and all fully automatic gunfire will be conducted no further than ten yards
from the back stop on either range, and done so in a controlled manner to insure
all expended rounds impact the bullet trap. NO EXCEPTIONS
12/24/02 6
EXHIBIT "B"
PARTICIPANT RELEASE
[SEE ATTACHED TWO (2) PAGES TITLED:
"CITY WIDE - USE OF CITY FACILITIES
PARTICIPANT WAIVER & RELEASE FORM"I
CA\DD\02000.51503\1 0 162595. 1
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CITY WIDE - USE OF CITY FACILITIES
PARTICIPANT WAIVER & RELEASE FORM
NAME OF PARTICIPANT ("PARTICIPANT"):
PARTICIPANT ADDRESS:
TELEPHONE:
EMERGENCY CONTACT NAME:
TELEPHONE:
NAME & ADDRESS OF CITY FACILITIES AND/OR APPARATUS:
DESCRIPTION OF TRAINING/EVENT:
PLANNED DATE(S) & TIME(S) OF TRAINING/EVENT:
BY EXECUTING BELOW, PARTICIPANT UNDERSTANDS, ACKNOWLEDGES AND AGREES TO THE
FOLLOWING (INITIAL EACH):
The term "City" shall mean the City of Corona. The term "Participant Releasors" shall mean the
Participant and his or her personal representatives, heirs, next-of-kin, employees, agents, successors and
assigns. The term "City Releasees' shall mean the City of Corona and its officials, officers, employees,
agents, volunteers, successors and assigns. The term "City Facilities' shall mean those facilities or
apparatus described above. The term "Event' shall mean the voluntarily use of the City Facilities for the
training or other event purposes noted above. (Initial)
THE UNDERSIGNED PARTICIPANT STATES THAT HE OR SHE IS PHYSICALLY FIT AND ABLE to participate in
the Event. (Initial)
THE UNDERSIGNED PARTICIPANT HAS MADE A VOLUNTARY REQUEST FOR PERMISSION TO PARTICIPATE
IN THE EVENT, UNDERSTANDING THAT THERE ARE KNOWN AND UNKNOWN INHERENT RISKS in using the
City Facilities and participating in in the Event. I hereby acknowledge, understand and agree that the City
is allowing the use of the City Facilities and participation in the Event for my sole benefit. I also
acknowledge, understand and agree that by using City Facilities and participating in the Event I may be
exposed to risks of damage to my person or property, including, but not limited to, personal property
damage, bodily injury, mental or psychological effects, or death. I understand, acknowledge and agree
that such damage, injury, effects or death may be caused, either directly or indirectly, in whole or in part,
by the fact that I may be present upon or may be using City Facilities, or may be participating in the Event.
(Initial)
AS CONSIDERATION FOR USE OF THE CITY FACILITIES AND PARTICIPATION IN THE EVENT, THE
UNDERSIGNED PARTICIPANT, ON BEHALF OF HIMSELF OR HERSELF AND THE PARTICIPANT RELEASORS,
HEREBY ACCEPTS ALL RISKS (KNOWN OR UNKNOWN) associated with use of the City Facilities and
participation in the Event, and voluntarily and knowingly assumes all risks. (Initial)
AS CONSIDERATION FOR USE OF THE CITY FACILITIES AND PARTICIPATION IN THE EVENT, THE
UNDERSIGNED PARTICIPANT, ON BEHALF OF HIMSELF OR HERSELF AND THE PARTICIPANT RELEASORS,
CA\DD\02000.54101\100063873
(CITY ATTY: 08-14)
CITY OF CORONA
USE OF CITY FACILITIES
PARTICIPANT WAIVER & RELEASE FORM
HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the City Releasees from and for
any and all liability for any loss, damage, cost or injury, including, but not limited to, personal property
damage, personal bodily injury, mental or psychological effects or death, to the Participant, the
Participant Releasors, or any other property or person, including, but not limited to, third parties, and
from and for any claims or demands related to any such loss, damage, cost or injury, whether directly or
indirectly caused by any known or unknown act, omission or willful conduct of the Participant, the
Participant Releasors, the City Releasees, or any other person or third party which is in any way related to
the use of the City Facilities or participation in the Event, whether or not while using City equipment,
supplies and apparatus. (Initial)
AS CONSIDERATION FOR USE OF THE CITY FACILITIES AND PARTICIPATION IN THE EVENT, THE
UNDERSIGNED PARTICIPANT, ON BEHALF OF HIMSELF OR HERSELF AND THE PARTICIPANT RELEASORS,
HEREBY AGREES TO DEFEND, INDEMNIFY AND SAVE AND HOLD FREE AND HARMLESS the City Releasees
from any and all liability from loss, damage, cost or injury, including, but not limited to, personal property
damage, bodily injury, mental or psychological effects or death, and including without limitation the
payment of attorneys' fees, to the Participant, the Participant Releasors, or any other property or person,
including, but not limited to, third parties, in any manner arising out of or incident to any acts, omissions
or willful conduct of the Participant or the Participant Releasors in any way related to the use of the City
Facilities or participation in the Event, whether or not while using City equipment, supplies and
apparatus. The Participant shall defend, at his or her own expense, including attorneys' fees, the City
Releasees in any action or proceeding, legal, administrative or otherwise, based upon such acts, omissions
or willful misconduct. (Initial)
THE UNDERSIGNED PARTICIPANT, ON BEHALF OF HIMSELF OR HERSELF AND THE PARTICIPANT
RELEASORS, ACKNOWLEDGES that this Form is intended to be, and shall be, interpreted and applied as
broad and inclusive as is permitted by federal, state and local laws, rules and regulations, that it shall be
governed under California law, and that if any portion thereof is held invalid, it is agreed that the balance
shall, notwithstanding, continue in full legal force and effect. (Initial)
THE UNDERSIGNED PARTICIPANT HAS READ, UNDERSTANDS AND VOLUNTARILY SIGNS THIS FORM, and
makes the following additional representations: (1) Participant will strictly abide by any City policies
provided by the City for the City Facilities, as well as any other safety requirements and instructions given
to Participant by City personnel; (2) valuable legal rights are being given up by executing this Form; (3) the
advice of an attorney can be sought before executing this Form; (4) this Form shall be binding upon the
Participant and the Participant Releasors; (5) this Form is being signed of free will and no written or oral
representations, statements or inducements, apart from the foregoing written provisions, have been
made to induce Participant to execute this Form; and (6) this Form shall remain in full force and effect
even if the planned date(s) and time(s) of the Event change. (Initial)
THE UNDERSIGNED PARTICIPANT REPRESENTS THAT HE OR SHE IS EITHER AGE EIGHTEEN (18) OR
OLDER, OR HAS HAD A PARENT OR LEGAL GUARDIAN EXECUTE AND INITIAL THIS FORM along with him
or her and accept full responsibility for all terms and conditions of this Form. (Initial)
SIGNATURE OF PARTICIPANT: I DATE:
SIGNATURE OF PARENT OR LEGAL GUARDIAN: I DATE:
IF PARTICIPANT IS UNDER THE AGE OF 18. ALSO INITIAL
CA\DD\02000.54101\10006387.3
2 Of 2 (CITY ATTY: 08-14)
January 20, 2016
City of Corona
400 S. Vicentia Ave.
Corona, CA 92660
RE: Insurance Coverage
To Whom It May Concern:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3300 1 949-644-3305 Fax
newportbeachca.gov
The City of Newport Beach is self-insured as respects general liability and automobile liability
coverage. The City of Newport Beach has a self-insured retention (SIR) limit of $500,000 dollars
with excess coverage of $50 million dollars.
The City of Newport Beach is also self-insured as respects workers compensation coverage. The
City of Newport Beach has statutory limits and employers' liability excess coverage of $500,000.
If you have any questions regarding this letter, please contact me at (949) 644-3307.
Sincerely,
i
n
J
Sheri Anderson
Human Resources Manager