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Home My WebLink About13. Auth Chief of Police to Renew Agrmt w-Rio Hondo Comm College Dist for use of Weapons Firing RangeIm"11110 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCP ITY MANAGER FROM: OFFICE OF THE CITY MANAGER BY: DEAN R. MILLIGAN, CHIEF OF POLICE DATE: JUNE 9, 2020 That the City Council authorize the Chief of Police to renew an agreement with the Rio Hondo Community College District for the use of their weapons firing range for Police Department weapons training. 101 11*7TTi7M;n* E104' me —am COMMON Attached is an updated agreement that calls for a three-year renewal from July 1, 2020 through June 30, 2023. The range fees will remain the same from the last contract period. These contract fees remain comparably lower than other firearm ranges in the area utilized by law enforcement agencies. J 6-ig-11 a I J� I The estimated annual cost will be approximately $15,900.00 to be paid out of the Police Department's Contract Services Fund. The contracted services pricing will remain the same from the previous agreement with Rio Hondo College. -iscal Responsibility A _4 -•A ATTACHMENT Facilities Use Agreement This Agreement ("Agreement") is made between Rio Hondo Community College Distric) ("District"), on the one hand, and the City of Downey_!iI�d o�nbehalf of the Downey Police Department ("Police Department"), on the other hand, District and Police Department are sometimes referred to herein singularly as a "Party" and together as the "Parties". A. The District authorizes Police Department to use the weapons firing range owned and operated by the Rio Hondo Community College District. B. The District agrees that Police Department •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 Police Department staff participating in formal training and re -qualification activities. D. District and Police Department agree said range shall be open and usable by Police Department 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. Police Department will contact District's Range Master at (562) 463-7739 to schedule use of the range. F. The parties hereto agree that empty cartridges resulting from Police Department's use of the range become the property of the District. G. Police Department shall provide and be responsible for eye and hearing protection, use of which is mandated by the range safety regulations. H. Police Department shall also provide and be responsible for targets and backers; these items are not provided by the District. 1. Police Department 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. A. Police Department agrees to provide its own Range Masters and adequate safety supervision for their shooters, and assume full responsibility for their personnel. Z The term of this Agreement shall be from July, 1. 2020 through June 30, 2023. It may be extended upon the agreement of both parties. This agreement may be terminated by either party by providing a minimum of thirty (30) days written notice of their intent to terminate or not to renew the agreement. Weapons Firing Range Agreement Page I of 4 City of Downey Police Department 3. Charges shall be $400.00 (Four 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 $300.00 (Three Hundred Dollars). Rates are subject to an annual increase of up to 5% per annual renewal for costs of operation, maintenance and upkeep. 4. Police Department agrees to pay District in arrears upon receipt of an invoice from funds already appropriated and encumbered for the purposes of this agreement. 5. Police Department agrees to carry liability insurance for use of the Rio Hondo Community College Weapons Firing Range. Insurance shall have a minimum limit of $1,000,000 per claim, and Police Department agrees to provide proof of such insurance (or self insurance) to District prior to commencement of the term of this Agreement. Rio Hondo Community College District shall be named additionally insured. A. Police Department shall save and hold harmless, defend and indemnify the District, its officers, governing board members, employees and agents from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever, arising out or in any way connected with Police Department's use of Weapons Firing Range under this Contract, excep for liability resulting from the negligence or willful misconduct of the District, its officers, governing board members, employees, agents or independent contractors who are directly employed by the District. B. District at its own expense, cost and risk, shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the Police Department, its officers, governing board members, employees or agents, or such claim, demand, liability, loss, damage or expense, and shall pay or satisfy any judgment that may be rendered against the Police Department, its officers, governing board members, employees or agents in any action, suit or other proceeding as a result of District's control and operation of Weapons Firing Range described under this contract except for liability resulting from the negligence or willful misconduct of the Police Department, its officers, governing board members, employees, agents or independent contractors who are directly employed by the Police Department. 7. Police Department's failure to comply with any of the terms and conditions of th2 Agreement shall constitute default. District, in its sole discretion, may termina this Agreement immediately upon default, i the event of litigation asserting a breach of this Agreement, the prevailing pa shall be entitled to costs, including reasonable attorneys' fees. I Weapons Firing Range Agreement Page 2 of 4 USC Department of Public Safety 9. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Police Department without the prior written consent of the District. 10. Any notices pursuant to this Agreement shall be sent by email, personal delivery, by facsimile, or by certified mail (return receipt requested), as follows: A. District: Felix G. Sarao Director of Contract Management & Vending Services Rio Hondo Community College District 3600 Workman Mill Road Whittier, California 90601 Phone: (562) 908-3493 Email: fsarao(@riohondo.edu Dean Milliqan 1,dA,2r*TM-r11 10911 Brookshire Avenue Downey, CA 90241-3866 Phone: (562) 904-2300 Email: dmill�qapdowneyca.,.org 11. In performance under this Agreement, Police Department agrees to comply with all federal, state, and local laws. 12. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 13. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. 14. 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. 15. This Agreement may be amended only by a further agreement in writing, signed by of parties hereto. listrict and Police Department have read and understand this Agreement, and agree all the terms. i Weapons Firing Range Agreement Page 3 of 4 USC Department of Public Safety 3600 Workman Mill Road Whittier, CA 90601-1699 Chris awk5p, VP, — Interi P, Finan e and Business , k T, PPjjjbjjjjjffjMj 'I I'll .if a. 0- 1 is Mm"I =*.Awl M-11 ins mum"IMINVIN-3 INTOTTAIJIMILMISM's Approved as to Form: /7 ette M. Albich-Garcia i itv 0 Mitorl ty of Attorney Maria Alicia Duarte, CM City Clerk I 0