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HomeMy WebLinkAboutC-4420 - Agreement for Use of Newport Beach Pistol Range and Police Training FacilityAGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF IRVINE FOR USE OF NEWPORT BEACH PISTOL RANGE AND POLICE TRAINING FACILITY eArAlw This Agreement is made and entered into this � f day of et rr 22009, by and between the City of Irvine, a Municipal Corporation (hereinafter referred to as "Irvine") and the City of Newport Beach, a Municipal Corporation and Charter City (hereinafter referred to as "Newport") for Use of the Newport Beach Pistol Range and Police Training Facility (hereinafter referred to as "Agreement"). RECITALS A. Newport has constructed and operates a pistol range and police training facility located on its property located at 870 Santa Barbara Drive, Newport Beach, California, (hereinafter referred to as "the Facility"); and B. Newport has a full-time employee responsible for management and operation of the Facility (hereinafter referred to as the "Range Master"); and C. Newport has promulgated certain rules and regulations concerning safety, hours of operation and use of the Facility; and D. Irvine desires to enter into an Agreement with Newport permitting Irvine to use the Facility. COVENANTS NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Newport agrees to allow those officers, employees and agents of Irvine, who are authorized by Irvine to use the Facility as specified in this Agreement (hereinafter, "Authorized Users") provided the Authorized Users execute a waiver and release in a form acceptable to the City Attorney prior to using the Facility. 2. Newport agrees to provide the Facility to Irvine during one week of each month.. Irvine will operate the Facility for the exclusive use of providing firearms training/qualification to its officers, employees, or agents. Irvine will operate the Facility under the supervision of the Range Master. California Commission on Peace Officer Standards and Training (POST) certified firearms instructors of Irvine will work with the Range Master to determine the dates and times that Irvine will utilize the Facility. Irvine will be further responsible for providing range staff, a monthly qualifying course of fire, frangible ammunition, range targets, remedial training, and range safety equipment for use by its officers, employees, or agents. 1 3. All officers, employees and agents of Irvine who use the Facility, shall strictly comply with the Rules and Regulations for Use of the Facility by Irvine Police Department attached hereto as Exhibit "A" and Newport Beach Police Department Firing Facility Safety Policy attached hereto as Exhibit "B" (including any amendments to Exhibits "A" or "B"), and any safety order or directive of the Range Master. Newport shall supply Irvine with a copy of all rules, regulations and amendments. 4. The Range Master may close the Facility at anytime for any purpose. The Range Master may exclude any person from using the Facility for violating any rules and regulations relating to safety. Newport reserves the exclusive right to determine the Facility's hours of operation. 5. Irvine agrees to pay an all-inclusive range fee of $150.00 per day. Newport reserves the right to increase the range fee, upon 30 days prior written notice, as necessary to cover any increased cost related to the use of the Facility. Any fee increase shall not be greater than any increase which may be imposed upon any other agency authorized to use the Facility. 6. Newport shall provide weapon cleaning facilities and supplies at no cost to the Irvine users of the Facility. 7. Newport shall submit a monthly invoice to Irvine and Irvine agrees to make payment to Newport on or before 30 days from the date of receipt of invoice. 8. To the fullest extent permitted by law, Irvine shall indemnify, defend and hold harmless Newport, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement by Irvine, its officers, agents, or employees, any services provided under this Agreement, Irvine's officers, agents, or employees presence at the Facility or activities conducted pursuant to this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require Irvine to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. 9. Newport shall not be liable for any loss, damage or injury of any kind whatsoever to Irvine, its property, or to any of its officers, employees, agents, guests or invitees, or any other person, caused by any use of the Facility, or by any defect in any building, structure or any other improvement at the Facility, or arising from any 2 accident on the premises. Irvine waives all claims and demands against Newport for any such loss, damage or injury. 10. Irvine agrees and represents that all of its officers, employees, agents, or other personnel that may utilize the Facility are doing so within the course and scope of their duties as an employee, officer or agent of Irvine and are in no way employees of Newport. 11. Irvine shall at all times be responsible for the training of its officers. While Irvine may participate in various training exercises hosted by Newport or directed by the Range Master or other personnel, Irvine shall be responsible for reviewing the training and ensuring the adequacy and appropriateness of all training provided to its officers. Irvine acknowledges that any courses of fire, tactical instruction, use of force information, or any training or information whatsoever provided by Newport is for range operational purposes only. Newport does not warrant that any training or tactics whatsoever used in any course of fire is consistent with Irvine training or policy. As Irvine has the ultimate authority for training its officers, Irvine shall defend, indemnify, and hold harmless Newport, its officers, employees, and agents for all claims to the extent they result from actual or alleged inadequate or inappropriate training received under this Agreement. 12. Either party may terminate this Agreement at anytime, without cause upon 30 days prior written notice. 13. The persons executing this Agreement on behalf of Irvine and Newport 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. 14. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 15. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 16. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 3 17. This Agreement may be modified or amended only by a written document executed by both Irvine and Newport and approved as to form by the City Attorney for Newport. 18. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 19. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVE1(] AS TO FORM: By: Title: Cal ihibitiry Print Name: (f (uf 0 164) ATTEST: gL Title: City Clerk By: Print Name: Sharie Apodaca APPROVED AS TO FORM: OFFIC OF THE CITY ATTORNEY: By: C Aaron C. Harp, Assistant City Attorney ATTEST: By: Leilani Brown, City Clerk Attachments: CITY OF IRVI A Municipaporation By: Title: Mayor Print Name: Sukhee Kang t2 r� CITY or NEWPORT BEACH, A Mpal,,C rporati n B dward Selich, Mayor for the City of Newport Beach Exhibit "A" Rules and Regulations for Use of the Facility by Irvine Police Department Exhibit "B" Newport Beach Police Department Firing Facility Safety Policy F:\users\cat\da\shared\Ag\NBPDpistolRange&Training.doc 5 EXHIBIT "A" RULES AND REGULATIONS FOR USE OF THE FACILITY BY IRVINE POLICE DEPARTMENT 1. RULES AND REGULATIONS: A. The Rangemaster will submit a monthly schedule to Irvine with dates and times for range qualification. All Irvine personnel shall qualify according to the monthly schedule. B. All Irvine personnel shall park in the parking lot to the rear of the Newport Fire Station next to Newport Beach Police Department located at 870 Santa Barbara Drive, Newport Beach, California. All Irvine personnel shall enter through the eastside door for the Police Station at the bottom of the stairs. C. All Irvine personnel who are not in uniform must wear a visible police badge or I.D. card at all times while in the Facility. 2. THE FACILITY OPERATION CONDITIONS: A. The Range Master will be present during operation and will have ultimate Facility authority over all users. The Range Master will provide remediation of shooting problems as needed if desired, and as time permits. C. No shotgun slug or rifle ammunition will be permitted. D. Newport will supply weapon cleaning facilities and supplies. 3. IRVINE POLICIES: All Irvine personnel shall comply with all applicable provisions of Newport Beach Police Department Firing Range Safety Policy attached hereto as Exhibit "B" and all subsequent amendments to Agreement. 6 EXHIBIT "B" NEWPORT BEACH POLICE DEPARTMENT FIRING FACILITY SAFETY POLICY 1. PURPOSE: a. To provide a high level of safety and protection for all users of the Facility. b. To enhance the learning experience while providing a safe environment. 2. FACILITY: The Range Master shall have the sole authority on the Facility and is responsible for its management and operation. All persons entering the Facility shall follow the directions of the Range Master and shall adhere to the posted rules and regulations at all times. The Armory (Range Master's office and work area) is strictly off-limits to unauthorized personnel for security and safety purposes. The Facility is for the use of Newport Beach Police Officers, Reserves and other persons as approved by the Support Services Division Commander of the Chief of Police for Newport Beach Police Department. The Facility will only be used under the supervision of the Range Master, or another qualified instructor as approved by the Training Supervisor. All weapons cleaning will be carried out in the Facility's designated cleaning area. No unsafe practices will be tolerated. All weapons shall be checked and cleared prior to cleaning, using the weapon safety barrel in the designated cleaning area. The loading and unloading of all weapons within the Facility shall be carried out by using one of the safety barrels located in the Facility or its locker rooms. All authorized personnel entering the Facility shall immediately report to the Range Master. 7 All authorized personnel shall adhere to at all times, the following procedures: a. Using a safety barrel, and by standard safety procedures, unload their weapons prior to entering the Facility. Once the weapon is unloaded, it should be returned to its holster or carrying bag without a magazine inserted in the magazine well. b. Sign in. c. Receive shooting instructions from the Range Master and complete the course of fire as directed. d. Once the course of fire is completed, follow the Range Master's commands for making the weapon safe. e. Use the designated cleaning area and ensure that his/her weapon is cleaned. f. When returning to duty, use the safety barrel, and by standard procedures, load the weapon and return it to its holster or carrying bag. 3. EQUIPMENT GUIDELINES: a. All weapons shall have been inspected by the Range Master before being fired on the Facility. b. All personnel shall immediately advise the Range Master of any pre-existing injuries or medical conditions which may affect his/her ability to safely participate in weapons training. c. Any intentional violation of safety guidelines, gross display of improper Facility procedures of, or lack of sound judgment by personnel, which in the Range Master's opinion places others at risk of injury, will result in the immediately removal of personnel from the Facility. 4. USING OTHER FACILITIES — GUIDELINES: a. The training site should be located so as to reduce potential hazards to the public caused by the firing of weapons. b. The training site should be located in an area that minimizes any fire hazard to structures or vegetation. 8 c. The training site should be reasonable free of loose gravel, rocks or other debris. d. Restroom facilities and drinking water should be available at the training site or in the immediate vicinity. e. A telephone or an emergency radio should be immediately accessible in the event of an emergency at the training site. f A fire extinguisher should be readily accessible at the training site. g• A first aid kit shall be readily accessible at the training site. h. All targets at the training site shall be set up in such a manner as to minimize the danger of ricochets.