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!
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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.
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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.
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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.
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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
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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