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HomeMy WebLinkAboutC-3009 - Use of Training Facilities & Pistol RangeSent: Monday, June 02, 1997 1:48 PM To: Lektorich, Debbie Subject: Fountain Valley Training Facility A review of our contracts indicates that Contract No. 3009 with the City of Fountain Valley for use of their training facilities and pistol range, entered into on April 5, 1994 by Newport Beach. Please advise whether this is still an active contract. Thanks! 4 �7r r„, �7,� 3� CviePu-7 - 0 0 C -300' COKI- 44 -11 AGREEMENT WITH PUBLIC ENTITY THIS AGREEMENT is made and entered into this �sr day of 1994, by. and between CITY OF FOUNTAIN VALLEY, a municipal corporation, hereinafter referred to as "Fountain Valley," and CITY OF NEWPORT BEACH, hereinafter referred to as "Contractor ". WITNESSETH: WHEREAS, Fountain Valley has constructed and operates a police training facility and pistol range located on its property at 18240 Ward Street in the city of Fountain Valley, California; and WHEREAS, Fountain Valley has a full-time employee as a Rangemaster 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 use 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 own training supervisor, but it is the intent of both parties that the Fountain Valley Rangemaster shall have paramount authority over the supervision of the training facility and pistol range. 0 0 NOW, THEREFORE, the parties hereto agree as follows; 1. Fountain Valley agrees to allow those officers, employees, or agents of Contractor listed upon an authorization sheet supplied 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 the 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 screening 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 Rangemaster. 4. The Fountain Valley Rangemaster shall have full authority to close the facility and range at any time for any purpose. The Fountain Valley Rangemaster 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 and 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 range. 6. Contractor agrees to pay a range fee of seven dollars per shooter per shooting day. In addition to said charges, Contractor may use ammunition supplied by Fountain Valley at the following rates: 40 caliber @ .15 per round 10 mm @ .16 per round 45 caliber @ .15 per round 38 caliber @ .15 per round 9 mm @ .14 per round Ammunition charges may be changed from time to time by Fountain Valley by providing Contractor with thirty (30) days written notice of such changes. In lieu of using Fountain Valley's ammunition, Contractor may provide its own ammunition and will be entitled to retrieve and retain the expended brass casings therefrom. The range classroom will be provided to Contractor without charge, when available. 7. Fountain Valley will submit a monthly bill to Contractor and payment will be due and payable within thirty (30) days of the date of invoice. 8. This agreement shall be of an indefinite duration, subject to cancellation without cause by either party upon providing thirty (30) days written notice to the other party. M • • 9. Special events proposed to be conducted by Contractor requiring the exclusive use of the facilities shall be authorized only upon submittal of a request to the Fountain Valley Rangemaster and approval thereof by Fountain Valley Rangemaster. 'there will be no additional charges to Contractor for special event facility use. 10. Fountain Valley agrees to remain solely responsible for the normal maintenance and repair of the facilities. Contractor agrees to pay Fountain Valley any and all reasonable costs resulting from the destruction or partial destruction of the training facility and pistol range which is caused as the result of the use of Contractor of the said facility. 11. Fountain Valley shall not be liable for any loss, damage or injury of any kind whatsoever 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. Contractor hereby agrees to indemnify and save, defend and hold Fountain Valley free and harmless from any liability for any loss, damage or injury to 4 11 persons, or property, and from all costs, expenses and other charges arising from Contractors use of the facility in connection with this agreement. 12. Contractor-agrees that any and all �f 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 hearing loss arising out of his/her employment relationship with Contractor relating to the use of Fountain Valley's facility, that Contractor will agree to indemnify and defend Fountain Valley from all such claims, whether made by way of civil litigation, arbitration or through the worker's compensation form. 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 , RAOOND,11. KROMER, City Manager APPROVED AS TO FORM: 06 Attorney Contractor By 'AAW/t= Kevin J. Murphy, C y Manager 5for the City of Newport Beach �o�EOUxrq�a4 4� January 18, 1994 CITY OF FOUNTAIN VALLEY CIVIC CENTER (714) 965 -4400 10200 SLATER AVE., P.O. BOX 8030, FOUNTAIN VALLEY, CA 92728 -8030 Kevin J. Murphy, City Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 SUBJECT: AGREEMENT FOR USE OF PISTOL RANGE Dear Mr. Murphy: We are enclosing a fully executed copy of Contract CON -94 -11 for the above project. The Contract bears the executed date of April 5, 1994, and is for your files. Sincerely, ,1 Pa1azz City Clerk JEP:ji Enclosure c: Finance Department