HomeMy WebLinkAboutSAUSD 11 - 2002
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CLERK OF COUNCIL
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N-2002-064
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AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND THE SANTA ANA UNIFIED SCHOOL DISTRICT POLlCE
FOR MOTOR OFFICER TRAINING AT THE ORANGE COUNTY FAIR &
EXPOSITION CENTER
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This Agreement is made and entered into on the '1- 2-ZCOL , by and between the,
Santa Ana Unified School District Police Department (hereinafter referred to as the SAUSDPD)
and the City of Santa Ana, a Municipal Corporation and Charter City, (hereinafter referred to as
"Santa Ana").
RECITALS
1. Santa Ana has a rental agreement for officer training at the Orange County Fair &
Exposition Center located at 88 Fair Drive, Costa Mesa, California, (hereinafter
referred to as "the Facility"); and Santa Ana has a motor officer preparation
training program from April 2-12, 2002 at the facility; and
2. The SAUSDPD desires to enter into an Agreement with Santa Ana permitting a
SAUSDPD officer to participate in the training at the facility.
COVENANTS
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
pm1ies agree as follows:
1. This Agreement shall commence on the date first entered above and terminate on
May 1, 2002.
2. SAUSDPD agrees to provide and service all equipment associated with this
training.
3. Santa Ana agrees to allow those officers, employees and agents of the SAUSDPD
who are authorized by the SAUSDPD to participate in the training at the facility as
specified in this Agreement.
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4. The SAUSDPD agrees to provide Santa Ana with a list of all SAUSDPD officers,
employees, and agents authorized to participate in the training. The SAUSDPD
shall take all reasonable measures to assure that only those persons specified on the
authorization list shall be permitted to participate in the training. The authorization
list is for informational purposes only and Santa Ana shall have no obligation to
screen or to otherwise evaluate the qualifications, other than for safety, of those
persons authorized to participate in the training. All screening procedures to
qualify those who participate in the training shall be the sole responsibility of the
SAUSDPD. The SAUSDPD further agrees to provide Santa Ana with immediate
notification of an employee's removal from the authorization list.
5. Santa Ana shall not be liable for any loss, damage or injury of any kind whatsoever
to the SAUSDPD, its property, or to any of its officers, employees, agents, guests
or invitees, or any other person, caused by any participation in the training. The
SAUSDPD waives, all claims and demands against Santa Ana for any such loss,
damage, or injury. The SAUSDPD agrees to release and save harmless the City of
Santa Ana, its officers, employees, agents and assigns from any and all causes of
action for damages sustained to property or for personal injury to persons as a
direct result of any negligence resulting from participation in the training, by
SAUSDPD employees for which the Santa Ana Unified School District would be
liable.
6. The SAUSDPD agrees and represents that all of its officers, employees, agents, or
other personnel that may participate in the training are doing so within the course
and scope of their duties as an employee, officer, or agent of the SAUSDPD and
are in no way employees of Santa Ana. Should any officer, employee, agent or
other personnel of the SAUSDPD submit a claim for any injury or damages
relating to participation in the training, the SAUSDPD agrees to indemnify Santa
Ana to the extent allowed by applicable law, except that the SAUSDPD shall not
indemnify Santa Ana for any loss, damage, injury, or claim arising from the willful
acts or negligence of Santa Ana, its officers, employees or agents.
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7.
The persons executing this Agreement on behalf of the SAUSDPD and Santa Ana
warrant that (i) they are duly authorized to execute and deliver this Agreement, (ii)
formally bound to the provisions of this Agreement, and (iii) the entering into this
Agreement does not violate any provisions of any other agreement to which the
party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
by their authorized representatives.
CITY OF SANTA ANA
DATED:
AVID REAM, City Manager
City Clerk
APPROVED AS TO FORM:
SAUSDPD
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Paula Coleman, Assistant City Attorney
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Jim Miyashiro
Chief of Police (Signing for Chief Jim Miyashiro)
Donald A. Stabler, Ed.D.
Associate Superintendent
Business erv, ces
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DATE:
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