HomeMy WebLinkAbout06 AG SHOOTERS WRLD 11-15-99AGENDA
Inter-Oom
NO. 6
11-15-99
DATE:
TO:
FROM:
SUBJECT:
NOVEMBER 15, 1999
WILLIAM A. HUSTON, CITY MANAGER
POLICE DEPARTMENT
AGREEMENT FOR FACILITY USE-SHOOTER'S WORLD
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RECOMMENDATION
Council authorize the Chief of Police to execute an agreement with Shooter's World located at
1935 Enterprise in the City of Orange, California f°r Police firearm qualification and training.
FISCAL IMPACT
$4500.00 annually. Budgeted amount. Account # 015026715.
BACKGROUND
All sworn Tustin Police Department personnel must be familiar with the use of handguns,
shotguns and long-rifles and are required to qualify with each weapon on a regular basis. The
Shooter's World is an in-doors facility and allows officers to qualify and train during any type of
weather. It is also one of a few facilities available in the county and the Tustin Police
Department has used it for the past several years.
The daily cost to use the Shooter's World facility is $250.00 per day. The faCility will be used
three times per month for a total of six months during the year. ($250.00 X 3 days X 6 months)
The City Attorney has reviewed the agreement and approved as to form.
Recommend Council authorize the Chief of Police to execute the attached agreement.
STEVE FOSTER
Chief of Police
SF:mm
AGREEMENT FOR FACILITY USE
THIS AGREEMENT is made and entered into this
day of ,1999 by and
between the City of Tustin, a Municipal Corporation and E.G.S.W. INC. (hereafter) Evans
Gunsmithing Shooters World, INC., a California Corporation.
WITNESSETH
RECITALS
WHEREAS, the City of Tustin ("City") desires a convenient and suitable shooting range
for the qualification and training of the TUSTIN POLICE DEPARTMENT Officers;
WHEREAS, E.G.S.W. is a duly licensed facility which will meet the requirements of
TUSTIN POLICE DEPARTMENT for use as a shooting range;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants, benefits and
promises contained herein, the parties hereto agree as follows;
1. THE USE OF THE SHOOTING RANGE:
E.G.S.W. agrees for the term and subject to the conditions of this agreement; grant to
the City, acting through the TUSTIN POLICE DEPARTMENT, the use of the
E.G.S.W. facility (range)located at 1935 Enterprise, Orange, California. This use as
provided herein shall be subject to the following schedule unless modified by the
parties; Sunday through Saturday of each week between the hours of 10:00 a.m. to
10:00 p.m.; or any day of the week between the hours of 10:00 a.m. through 10:00 p.m.
subject to the following conditions:
A. Limited to two (2) or more shooters on the Law Enforcement range.
Agreement For Facility Use
October 20, 1999
Page 2
B. E.G.S.W. will accommodate the graveyard shift with advanced notice via phone.
(NOTE: SPECIAL SHOOTS INCLUDE USE OF CLASSROOM AND AUDIO VIDEO AIDS)
E.G.S.W. and TUSTIN POLICE DEPARTMENT also agree that E.G.S.W. unless
otherwise modified by the parties shall use its best efforts to make' the range available for the
term and subject to the conditions of this agreement for the following:
1)
Special Shoots:
In the event that E.G.S.W. determines that the range is unavailable for whatever
reason for use by TUSTIN POLICE DEPARTMENT as provided for in this section
E.G.S.W. shall provide notice via phone/or writing to TUSTIN POLICE
DEPARTMENT for any period of such unavailability which exceeds four (4)
regular, foUr (4) business hours to the TUSTIN POLICE DEPARTMENT.
2. RANGE CONDITIONS:
E.G.S.W. and TUSTIN POLICE DEPARTMENT agree that, except for damage caused
by the active negligence of TUSTIN POLICE DEPARTMENT employees in use of
facility, E.G.S.W. shall bear sole cost for the maintenance and repair of the shooting
range and all appurtenances.
E.G.S.W. and TUSTIN POLICE DEPARTMENT agree that during the term
of this agreement E.G.S.W. shall maintain the shooting range, and appurtenances
thereto in good working order and in such condition as to render the range and
appurtenances safe for their use by TUSTIN POLICE DEPARTMENT employees.
Agreement For Facility Use
October 20, 1999
Page 3
TUSTIN POLICE DEPARTMENT shall have the right to inspect the range to determine
the conditions as provided in this section.
3. RULES AND REGULATIONS OF RANGE:
E.G.S.W. shall provide a qualified Range Master or other qualified personnel during all
hours of operation. The Range Master shall be responsible for all range activities and
shall have full authority to enforce published rules and regulations of the range,
including the exclusion of any person violating any rules or regulations relating to safety.
TUSTIN POLICE DEPARTMENT will provide a Range Officer during training days.
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FEE FOR RANGE USE:
E.G.S.W. and TUSTIN POLICE DEPARTMENT agree that for use of the range under
the terms and conditions of this agreement TUSTIN POLICE DEPARTMENT shall pay
in a manner that is satisfactory to TUSTIN POLICE DEPARTMENT and E.G.S.W.;
TUSTIN POLICE. DEPARTMENT SHALL PAY A PER USE FEE OF $250.00 PER DAY
·
FOR MULTIPLE OFFICERS WITHIN THAT TIME FRAME, WHEN BOOKING TIME ON
THE POLICE RANGE, OFFICERS USING THE FACILITY FOR A WALK IN BASIS
OTHER THAN a BOOKED DAY USE IS $8.00/PER SHOOTER.
5. FEE FOR AMMUNITION:
TUSTIN POLICE DEPARTMENT agrees to pay E.G.S.W. per Shooter for ammunition,
when used at range. Payment for such ammunition shall be according to the following
rates:
Agreement For Facility Use
October 20, 1999
Page 4
· 38 cal. .13/rd. 380 calo .14/rd
9 mm .14/rd 40 cal. .17/rd
45 acp .16/rd 45 lc .22/rd
9 mm brass .03/rd
TUSTIN POLICE DEPARTMENT shall also pay E.G.S.W. a target fee of sixty (60) cents
per B-27 target during the term of this agreement. There is a three (3) cent charge per
round of ammunition removed from the range for off site training.
6. E.G.S.W. and TUSTIN POLICE DEPARTMENT agree that payment by TUSTIN
POLICE DEPARTMENT to E.G.S.W. for ammunition provided for in this section, shall
be paid by or within thirty (30) days after TUSTIN POLICE DEPARTMENT has been
invoiced by E.G.S.W. for ammunition supplied. TUSTIN POLICE DEPARTMENT and
E.G.S.W. agreed that in the event E.G.S.W. determines to increase the ammunition
rates therein, E.G.S.W. shall notify TUSTIN POLICE DEPARTMENT in writing of its
intent to increase (no less) than thirty (30) days pdor to the date of the intended
increase.
TUSTIN POLICE DEPARTMENT and E.G.S.W. agree that both parties reserve the right
to terminate this agreement without any financial or contractual obligation to either
party.
Agreement For Facility Use
October 20, 1999
Page 5
7. INSURANCE:
E.G.S.W. shall maintain in full force and effect for the term of this agreement, General
Liability Insurance and Products Liability Insurance with an insurance carrier satisfactory
to TUSTIN POLICE DEPARTMENT, which insurance shall include protection against
claims arising from bodily and personal injury, including death resulting therefore, and
damage to property resulting from actual occurrence arising out of the performance of
this agreement.
8. PROOF OF INSURANCE:
E.G.S.W. shall satisfactorily provide a certificate of insurance within thirty (30) days from
the date of this agreement.
9. WORKMAN'S COMPENSATION INSURANCE:
In accordance of the provisions of section 3700 of the Labor Code, E.G.S.W. sh~ll be
insured against liability for Workman's Compensation or undertake self-insurance.
Such insurance shall be provided to the TUSTIN POLICE DEPARTMENT in a manner
satisfactorily evidencing that this insurance is maintained by E.G.S.W.
10. TERMS OF AGREEMENT:
This agreement shall become effective on November 16, 1999 and shall terminate,
unless otherwise extended by the parties on November 30, 2000.
Agreement For Facility Use
October 20, 1999
Page 6
11. VALIDITY:
The invalidity in whole or in part of any provision of this agreement shall not void or
affect the validity of any other provision.of this agreement.
12.
LAW GOVERNING:
This agreement shall be governed and construed in accordance with the laws of the
State of Calif0mia.
13.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT:
This agreement supersedes any and all other agreements either oral or in writing
between the parties hereto and contains all covenants and agreements between the
parties. Each party to this agreement acknowledges that no representatives,
inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein, and that
no other agreement or amendment hereto shall be effective unless executed in writing
and signed by both TUSTIN POLICE DEPARTMENT and E.G.S.W.
14.
NOTICES:
All notices shall be personally Served or mailed, postage prepaid, to the following
addresses, or to such other addresses as may be designated by the parties.
TUSTIN POLICE DEPARTMENT
E.G.S.W. INC.
STEVE FOSTER
Chief of Police
300 Centennial Way
Tustin, Ca 92780
EVAN CAROLYN
Vice President
1935 N. Enterprise
Orange, Ca 92865
Agreement For Facility Use
October 20, 1999
Page 7
CITY OF TUSTIN
Approved as to Form:
LOIS E. JEFFREy, (~Attorn~
By.
STEVE FOSTER
Title: Chief of Police
E.G.S.W. INC.
BYEvAN CAROLYN "-
Title: Vice President