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HomeMy WebLinkAboutCC 4 USE PISTOL RANGE 02-17-81DATE: February 10, 1981 CONSENT CALENDAR Inter-Corn TO: FROM: SUBJECT: MAYOR, COUNCIL, CITY ADMINISTRATOR C. R. THAYER, CHIEF OF POLICE AGREEMENT FOR USE OF POLICE PISTOL RANGE RECOMMENDATION: That City Council authorize the Mayor to sign a contract agreement with the City of Fountain Valley for use of their pistol range. SUMMARY: This agreement is one that we have had over the last two years for use of the pistol range at Fountain Valley. This range is used for weapon qualification by our sworn personnel. FISCAL IMPACT: None, monies for use of the range is a budgeted item. C. R. THAYER, Chief of Police CRT:sa AGREEMENT WIT}{ PUBLIC ENTITY. THIS AGREEMENT is made and entered into this 1st day of January , 1981, by and between CITY OF FOUNTAIN VALLEY, a municipal corporation, hereinafter referred to as "Fountain Valley", and City of Tustin , hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, Fountain Valley has constructed and operates a police training facility and pistol range located on its property in the general vicinity of Ellis Avenue and the San Diego Freeway in the City of Fountain Valley, California; and WHEREAS, Fountain Valley has a full-time employee as a range master responsible for such facility and range; and WHEREAS, Fountain Valley has promulgated certain rules and regulations concerning safety, hours of operation, and general use of the facilities; and WHEREAS, Fountain Valley seeks to allow the use of the training facility and pistol range by other governmental agencies and private groups at rates established by Fountain Valley before January 1 of each year or as modified during the year; and WHEREAS, Contractor seeks to us'e the training facility and pistol range at such times specified, including times when said facility would otherwise,be closed and not in use; and WHEREAS, it is the desire of Contractor to provide its training supervisor, but it is the intent of both parties that the Fountain Valley Range Master shall have paramount authority over the operation of the training facility and pistol range. N~, THEREFORE, the parties hereto agree a~ follows: 1. Fountain Valley agrees to allow those officers, employees or agents of Contractor listed upon an authorization sheet sup- plied by Contractor to use all equipment and facilities at the pistol range during the hours specified herein. 2. Contractor agrees to provide Fountain Valley with a list of all persons authorized to use the facilities as an officer, employee or agent of Contractor. Additions or deletions from the authorization list shall be provided to Fountain Valley on a monthly basis. Contractor shall take any and all reasonable measures to assure that only persons specified on the authorization list shall be permitted to use t~e training facilities and pistol range. The lists are provided to Fountain Valley for informational purposes only, and Fountain Valley shall have no obligation to screen or to otherwise evaluate the qualifications of the listed persons to use the training facility or pistol range. Such screen- ing procedures shall be the sole responsibility of Contractor. 3. All officers, employees and agents of Contractor shall strictly comply with all published rules and regulations of Fountain Valley and with any order or directive of Fountain Valley's range master. 4. The Fountain Valley range master shall have full authority to close the facility and range at any time for any purpose. The Fountain Valley' range master shall have full authority to exclude any person from use of the facility for violation of any rules or regulations relating to safety. -2- 5. Contractor may utilize the training facility an:'t pistol 'range as needed during such time as the facility would otherwise not be in use by Fountain Valley or other contracting agencies. Fountain Valley reserves the exclusive right to determine the hours of operation of the training facility and pistol ~ange, 6. Contractor agrees to pay a fee of Twenty-Five ($25.00) Dollars per year per person in advance and as invoiced by Fountain Vall.ey. Contractor agrees to pay Fountain Valley within thirty (30) days after invoice for ammunition supplied by [.~ountain Valle}, to those authorized persons described in Paragraph 2 hereof. .Said ammunition charges shall be at the following rates: 45 caliber @ .10 per round 38 caliber @ .06 per round 9 mm @ .08 per t-ound Ammunition charges may be changed from time to time by Fountain Valley by providing Contractor with fifteen (15) days' written no- tice of such changes. Contractor further agrees to pay Fountain Valley a classroom 'charge of Twenty-Five ($25.00) Dollars per day for each day of use. 7. This agreement shall be of an indefinite duration, subject to cancellation without cause by either party upon providing fif- teen (15) days' written notice to the other party. 8. Special events ~roposed to be conducted by Contractor re- quiring the exclusive use of the facilities shall be authorized only upon submittal of a request to Fountain Valley and approval thereof by Fountain Valley. 9. Fountain Valley agrees to remain solel~ responsible for the normal mainteaance and repair of the facilities. Contractor agrees to pay Fountain Valley any and all reasonable costs re- sulting from the destruction or partial destruction of the train- ing facility and pistol range which is caused as the result of the use of Contractor of the said facility. 10. Fountain Valley shall not be liable for any loss, damage or injury of any kind w~atsoever to Contractor or its property, or to any of~Contractor's officers, employees and agents, guests or invitees, or any other person whomsoever, caused by any use of the training facility or pistol range, or by any defect in any building, structure or any other improvement constructed thereon, or arising from any accident on the said premises or any fire or other casualty thereon, or occasioned by the failure on the part of Contractor to maintain, use, supervise, or regulate the premises in a safe manner, or by any act or omission of Contractor or of any of Contractor's officers, employees and agents, guests or invitees, or arising from any other cause whatsoever; and Contractor hereby waives on its behalf all claims and demands against Fountain Valley for any such loss; damage or injury of Contractor, and hereby agrees to indemnify and save, defend and hold Fountain Valley free and harmless from any liability for any such loss, damage or injury of other persons, and from all costs, expenses and other charges arising therefrom and in connection therewith. 11. Contractor agrees that any and all of its officers, employees, agents, or other personnel that may utilize the facility are in no way employees of the City of Fountain' Valley. Should any officer, employee, agent or other personnel of Contractor submit a claim for any cumulative trauma such as heariDg loss arising out of his/her employment relationship with Contractor relating to the use of Fountain Valley's facility, that Con- tractor will agree to indemnify and defend Fountain Valley from all such claims, whether made by way of civil litigation, arbi- tration or through the worker's compensation forum. 'IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF FOUNTAIN VALLEY, a municipal corporation By Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Contractor -5-