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Home My WebLink About05. Weapons Range Agreement AGENDA MEMO DATE: May 25, 2010 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: Rick Esteves, Chief of Police SUBJECT: RENEWAL OF WEAPONS FIRING RANGE CONTRACT WITH THE RIO HONDO COMMUNITY COLLEGE DISTRICT RECOMMENDATION: That the City Council of the City of Downey authorize the Chief of Police to enter into a contract renewal with the Rio Hondo Community College District for the use of their weapons firing range for Police Department weapons training. DISCUSSION: In 1993 the Downey Police Department developed a range program that included having its own officers trained as range instructors. At that time the Police Department entered into a contract with the Rio Hondo Community College District for use of their weapons firing range for firearms training and monthly firearms qualification. Attached is an updated contract that calls for annual renewal. This contract covers the period from July 1, 2010 through June 30, 2011. FINANCIAL IMPACT: The Downey Police Department annual budget for fiscal year 2010/2011 allocates funds for contract services for the Rio Hondo Community College District Weapons Firing Range. We estimate this cost to be the same as last year, approximately $5,400. attach. RE:pw I:\Agenda Memos CC 2010\05-25-10\RANGE CONTRACT 2010.doc CITY OF DOWNEY, CALIFORNIA Facilities Use Agreement For Local Agency use of Weapons Firing Range 1. This Agreement (“Agreement”) is made between Rio Hondo Community College District (“District”), on the one hand, and The Downey Police Department (“herein called DPD), on the other hand. 2. The District does hereby agree to furnish services and materials as follows: a. The District authorizes DPD to use the weapons firing range owned and operated by the Rio Hondo Community College District. b. The District agrees that DPD shall have the use of all on-site facilities located on the range for its training programs, without additional charge. c. The use of said range shall be limited to DPD staff participating in formal training and re-qualification activities. d. District and DPD agree said range shall be open and usable by DPD at such times that are mutually agreeable to both parties hereto, but that exclusive use of the facilities at any time or times is not granted without mutual agreement of both parties. e. The parties hereto agree that empty cartridges resulting from DPD use of the range become the property of the District. f. DPD shall provide and be responsible for eye and hearing protection, use of which is mandated by the range safety regulations. g. DPD shall also provide and be responsible for targets and backers; these items are not provided by the District. h. DPD agrees that its staff will be subject to range safety rules established by the District and the orders of the District while exercising the privileges of the agreement. i. DPD agrees to provide its own Range Masters and adequate safety supervision for their shooters, and assume full responsibility for their personnel. 3. The term of this Agreement shall be from July 1, 2010 through June 30, 2011. 4. Charges shall be $300.00 (Three Hundred Dollars) per “session”. A “session” shall consist of an eight hour block of time. A “half-session” shall consist of a four hour block of time. Charges for a “half-session” shall be $150.00 (One Hundred Fifty Dollars). Rates are subject to an annual increase of up to 5% per annual renewal for costs of operation, maintenance and upkeep. 5. DPD agrees to pay District in arrears upon receipt of an invoice from funds already appropriated and encumbered for the purposes of this agreement. DPD agrees to carry liability insurance for use of the Rio Hondo 6. Community College Weapons Firing Range. Insurance shall have a minimum limit of $1,000,000 per claim, and DPD agrees to provide proof of such insurance to District prior to commencement of the term of this Agreement. Rio Hondo Community College District shall be named additionally insured. 7. MUTUAL HOLD HARMLESS: 7.A. The College agrees to indemnify and hold harmless the DPD its agents, officials, officers and employees from and against any and all actions, claims, damages (including but not limited to death, bodily injury, or property damage), liabilities, losses, or expenses of whatsoever kind, name or nature, including legal costs and attorneys’ fees, whether or not suit is actually filed, and any judgments rendered against DPD and/or its agents, officials, officers, or employees that may be asserted or claimed by any person, firm or entity arising out of or in connection with College’s performance or the performance of its agents, officials, officers, or employees, including any acts, errors, or omissions of the College, its agents, officials, officers or employees. 7.B. The DPD agrees to indemnify and hold harmless the College, its agents, officials, officers and employees from and against any and all actions, claims, damages (including but not limited to death, bodily injury, or property damage), liabilities, losses, or expenses of whatsoever kind, name or nature, including legal costs and attorneys’ fees, whether or not suit is actually filed, and any judgments rendered against the College and/or its agents, officials, officers, or employees that may be asserted or claimed by any person, firm or entity arising out of or in connection with DPD’s performance or the performance of its agents, officials, officers, or employees, including any acts, errors, or omissions of DPD, its agents, officials, officers or employees. 8. DPD failure to comply with any of the terms and conditions of this Agreement shall constitute default. District, in its sole discretion, may terminate this Agreement immediately upon default. 9. In the event of litigation asserting a breach of this Agreement, the prevailing party shall be entitled to costs, including reasonable attorneys’ fees. 10. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by DPD without the prior written consent of District. 11. Any notices pursuant to this Agreement shall be sent by personal delivery, by facsimile, or by certified mail, return receipt requested, as follows: To District: Department of Contract Management and Vendor Services Rio Hondo Community College District 3600 Workman Mill Road Whittier, California 90601 Facsimile: 562/908-3462 City of Downey Police Department To Attn.: Sergeant Mark McDaniel 10911 Brookshire Avenue Downey, CA 90241-3866 Phone: 562/904-2354 Facsimile: 562/904-2349 12. In performance under this Agreement, DPD agrees to comply with all federal, state, and local laws. 13. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 14. FORM. This Agreement shall constitute the entire agreement between the Parties and supersedes any and all prior oral or written agreements, commitments, or understandings concerning the matters provided for in this Agreement.No other agreement, letter or understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist, to be attached, or to bind any of the parties hereto. 15. In the event that any term, covenant, condition, provision, or agreement contained in this Agreement is held to be invalid or void by any court or competent jurisdiction, the invalidity of any such term, covenant, condition, provision, or agreement shall in no way affect any other term, covenant, condition, provision, or agreement and the remainder of this Agreement shall still be in full force and effect. 16. This Agreement may be amended only by a further agreement in writing, signed by both parties hereto. District and DPD have read and understand this Agreement, and agree to all the terms. City of Downey District Rio Community College District Downey Police Department 3600 Workman Mill Road 10911 Brookshire Avenue Whittier, CA 90601-1699 Downey, CA 90241-3866 Signed Signed Teresa Dreyfuss Name: __________________________ Vice President, Finance and Business Title: ___________________________ Approved as to Form ATTEST __________________________ _____________________________ Kathleen L. Midstokke Edward Lee City Clerk City Attorney