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Home My WebLink About05163 - COUNTY OF RIVERSIDE FOR K9 TRAINING AIDS DOCUMENT TRACKING Page;1 Report: One Document Detail August 6,2012 Condition: Document Numbera5163, Document# Description Approval Date Expiration Date Closed Date A5163 explosives-small quanity for training wl K9 @ airport-no$$involved 09/21/2005 Company Name: County of Riverside Address: , , +� Contact: Insurance Department Group: POLICE DEPARTMENT C Service: MIA xRef: POLICE Ins.Status: Certificate and Policies are OK Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid ret to Sgt Abe Tokier to get Counys sig 09/21/2005 Track Notes: in pending file-kdh's counter kdh 09-21.05 to CM for sig 09/1912005 cab req.to Abe Tokier for copy 0110712009 ** '°END OF REPORT*'**** RETURN TO: CITYCLERK M OF PALM SPRINGS AGREEMENT FOR PROVIDING EXPLOSIVES BOX2743 BETWEEN PALM SPRINGS,CA 9M THE COUNTY OF RIVERSIDE AND THE CITY OF PALM SPRINGS THIS AGREEMENT is made and entered into by and between THE CITY OF PALM SPRINGS, hereinafter "City, " and the COUNTY OF RIVERSIDE, on behalf of the Riverside County Sheriff's Department, hereinafter "County. " WHEREAS, the City has a need to train their explosive detection dogs (K-91s) . Such training is best accomplished by using samples of various types of explosives. WHEREAS, the City cannot acquire small amounts of explosives from the suppliers as the suppliers have minimum amounts they will sell. As a result, the City has requested the County provide the City with small quantities of explosives the city may require. WHEREAS, the Sheriff's Department of the County of Riverside has the explosives required by the City and believes it is in the best interest of law enforcement, subject to the terms herein, for the County to provide the necessary small amounts Of explosives to the City to be used solely for K-9 training. IT IS THEREFORE AGREED AS FOLLOWS: In consideration of the County providing the City small quantities of explosives as described on Exhibit 1, the City agrees to the terms and conditions contained herein. ACCEPTANCE The County shall provide and the City shall accept the explosives provided by the County on an 'as-is ' basis. The City shall have the opportunity and obligation to inspect the explosives prior to the City' s acceptance, and, if the City finds the explosives to be defective in any way, the City may reject some or all of the explosives offered. Explosives accepted by the City shall become the sole property and liability of the City and the County will have no further responsibility or liability whatsoever for the City accepted explosives. EFFECTIVE DATE AND TERM The Agreement shall be effective from the date that it is signed by both parties and, as respects the subject explosives of this Agreement, shall remain in effect as long as the City has the ownership, care, custody, control or responsibility for the subject explosives. INDEMNIFICATION AND HOLD HARMLESS City shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability whatsoever, including but not limited to, claims for property damage, bodily injury, or death or any other element of any kind or nature whatsoever, based on or asserted upon or arising from the City's possession of explosives provided by the County under this Agreement. The definition of 'possession of explosives' under this Agreement shall include, but not be limited to, the acceptance, ownership, transportation, storage, handling, use or disposal of explosives provided to the City by the County. In addition, the City agrees to indemnify the County for any claim made against the County by any City employee or by the City's Workers' Compensation insurer as a result of any work related injury, including death, of any City employee arising from the possession of the explosives as defined herein. The City shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon the City's possession of explosives provided by the County. With respect to any action or claim subject to indemnification herein by City, City shall, at its sole cost and expense, has the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided., however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification to County as set forth herein. The insurance required in this Agreement shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County herein from third party claims. INSURANCE The City is a self-insured charter City organized under the laws of the State of California and shall provide such documentation as the County may reasonably request to demonstrate its self-insured coverages consistent with its obligations under this Agreement. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: City: Gary Jeandron, Chief of Police Palm Springs Police Department 200 South Civic Drive Palm Springs, CA 92262 County: Robert G. Doyle, Sheriff-Coroner Riverside Sheriff Post Office Box 512 Riverside, California 92502 Or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 1st Floor Riverside, California 92501 SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. JURISDICTION AND VENUE This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement., venue shall lie only in the state or federal courts in or nearest to Riverside County. ENTIRE AGREEMENT This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. CITY: COUNTY: By. By: Title: Ul I Y MAN - Title: Date: P1.ZV105 Date: ATTEST: Clerk APPROV AS TO FORM: By: APPROVED B7WW OER 4y`GE 00��9 Exhibit#1 Palm Springs Police Department aq�M vice Explosives Detection Training Aid Requirements: #1 Detasheet 2lbs. #2 Det. Cord 50 Ft. #3 C4 2lbs. #4 NG Dynamite 4 Sticks #5 Water Gel Dynamite 4 Sticks #6 TNT Booster 4 Ea. #7 Anfo ** #8 Smokeless Powder ** #9 Black Powder ** #10 Pyrodex ** #11 Potassium Chlorate ** #12 Sodium Chlorate ** ** Small Quantity Needed All Explosive Training Aids are stored at the Palm Springs Police Department— Explosives Magazine (200 S. Civic Dr. Palm Springs, Ca. 92262)