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HomeMy WebLinkAboutCC AG PKT 2007-02-12 #I e AGENDA REPORT DATE: February 12, 2007 TO: Honorable Mayor and City Council VIA: Mark Vukojevic, Acting City Manager Jeff Kirkpatrick, Chief of Police FROM: SUBJECT: AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE CITIES OF CYPRESS AND CORONA FOR USE OF THEIR FIREARM RANGES SUMMARY OF REOUEST: The Seal Beach Police Department requests the City Council to adopt Resolution # entering into agreements with the cities of Cypress and Corona for use of their firearm ranges. e BACKGROUND: Seal Beach Police Officers have had the luxury of qualifying with their firearms at the small arms range at the Seal Beach Naval Weapons Station (SBNWS). This arrangement was originally secured by a Memorandum of Understanding between the SBNWS and the City of Seal Beach. In recent years many other Federal, State and municipal agencies have entered into. similar agreements with the SBNWS. As a result the number of days available to Seal Beach Police personnel is becoming increasingly limited. In addition to that issue, the range has become more restrictive on the type of weapons that can be used. Specifically, rifles that had been allowed in the past are presently excluded. The decision to exclude the rifles was driven by many factors, none of which the police department has control over. This decision has placed the police department in a position where officers cannot qualify with their patrol rifles. Our officers must have the ability to practice frequently with all of their firearms, including their handguns, patrol rifles, and less-lethal long guns. Failure to practice regularly invites unnecessary liability. e To mitigate the risk, officers should have bi-quarterly access to shooting ranges where they can shoot their patrol rifles. The Cypress police range is well suited for static fire, where the officers engage the target directly in front of them at a distance of up to 60'. This range may be used by up to two (2) shooters at a time. The Corona police range is Agenda ItemL e suited for combat shooting. This includes shooting on the move, and engaging multiple targets. The Corona range can also accommodate multiple shooter relays to be on the range simultaneously. It has the space needed to accommodate a new weapon to be "sighted in" from 150', in accordance with the manufacturer's recommendation. Members of the Seal Beach Police Department visited both sites for evaluation. The assessment was that both sites would meet our training needs. Cypress is close in proximity and it would allow personnel to work on the fundamentals of marksmanship and weapon manipulation. Corona, while farther away, would allow officers to practice in a more realistic setting. FISCAL IMPACT: There is no additional fiscal impact to this agreement, as the costs are already built into the Police Department range budget. RECOMMENDATION: Staff recommends City Council authorize the City Manager or the Chief of Police to enter into agreements that will allow the Police Department to use the firearm ranges with the cities of Corona and Cypress. e ~ Chief of Police NOTED AND APPROVED: . ~tIi Mar Vukojevic Acting City Manager . Attachments: Resolution Agreement w/City of Cypress Agreement w/City of Corona e 2 RESOLUTION NUMBER XXXX e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE CITIES OF CYPRESS AND CORONA FOR USE OF THEIR FIREARM RANGES e WHEREAS, the cities of Cypress and Corona both have firearms range facilities that meet the training needs of the Seal Beach Police Department; and WHEREAS, the City of Seal Beach ("City") and its agents have sougbt out alternative locations to qualifY with their rifles after the Seal Beach Naval Weapons Station banned rifles from their firearms range; and this will allow Seal Beach Police Officers to qualifY at the Cypress and Corona firearms ranges; and WHEREAS, the City must enter into agreements with the Cities of Cypress and Corona to facilitate the use of their firearm ranges; and WHEREAS, the City wishes to enter into such agreements with the Cities of Cypress and Corona THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. The City Clerk shall certifY as to the adoption of this Resolution. SECTION 2. The City Council hereby approves the agreement between the City of Seal Beach and the Cities of Cypress and Corona. SECTION 3. The Council hereby directs the City Manager or the Police Chief to sign the agreement for use of the firearm ranges under the control of the Cities of Cypress and Corona. PASSED, APPROVED AND ADDOPTED by the City Council of the City of Seal Beach this 12th day of Februarv 2007 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ATTEST: Mayor City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine. City Clerk of the City of Seal Beach, California, do hereby certity that the foregoing Resolution is the original copy of Resolution Number XXXX on file in the office of the City Clerk, passed, approved, and adopted by the City Council oftbe City of Seal Beach at a meeting thereof held on the 12th day of February .2007. City Clerk e e e e INDEMNIFICATION AND HOLD HARMLESS AGREEMENT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT ("Agreement") is made and entered into this Thirteenth day of February 2007, by and between the CITY OF CYPRESS & THE CYPRESS POLICE DEPARTMENT (collectively the "City"), and the Seal Beach Police Department ("Indemnitor")( collectively referred to as the "Parties"). RECITALS A. WHEREAS, the City is the owner of a Shooting Range Facility located at 5275 Orange Avenue, Cypress, CA 90630 (the "Shooting Range"); and B. WHEREAS, Indemnitor desires to have its police officers use the Shooting Range for purposes of meeting training and qualification requirements; and C. WHEREAS, the City grants perrirission to Indemnitor to use the City's Shooting Range, subject to the fee and certain conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, the Parties hereto agree as follows: 1. Rie:ht to Use the Shootine: Rane:e & Fee for Use. Subject to the terms of this Agreement, Indemnitor and its police officers may use the Shooting Range, subject to reasonable availability and thirty (30) days advanced notice for scheduling. Indemnitor's anticipated use of the Shooting Range is for two days per quarter. Indemnitor agrees to pay the City Fifteen ($15.00) Dollars per shooting officer, per day, for the use of said Shooting Range. 2. Compliance with all Laws. Indemnitor, at its sole cost and expense, shall comply with all of the requirements of all municipal, state and federal laws, regulations and authorities now in force, or which may hereafter be in force pertaining to the use of the Shooting Range. Indemnitor and each its police officers agree to fully obey and to comply with all posted rules and regulations and all orders of the Cypress Rangemaster. Indemnitor and each its police officers understand that they may be excluded from the Shooting Range for failure to fully obey and to comply with all posted rules and regulations and all orders of the Cypress Rangemaster, without any liability to the City, its officials, police officers, employees, volunteers, attorneys, assigns or anyone else acting on the City's behalf. 3. Indemnification of Citv. Indemnitor, as a material part of the consideration to be rendered to City under this Agreement, hereby waives any and all claims against City for damage to equipment or other personal property, in, upon, or about the Shooting Range, and hereby waives any and all claims for bodily injury (including death), liability, damages, lawsuits, expenses (including, but not limited to, medical expenses and attorneys' fees) and any other liability to persons in or about the Shooting Range. Indemnitor further agrees to indemnify the IRV #41223 vI (1) e e e "Released Parties," including the City, its elected and appointed officials, police officers, agents, volunteers, employees, and attorneys, and anyone else acting on the City's behalf, against and shall hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "Claims or Liabilities") that may be asserted or claimed by any persons, firm, or entity arising out of or in connection with the use of the Shooting Range by Indemnitor, its officials, police officers, agents, employees, volunteers, or invitees, provided for herein, or arising from the negligent acts or omissions of Indemnitor or its officials, police officers, agents, employees, volunteers, or invitees, agents, employees, subcontractors, or invitees hereunder, or arising from Indemnitor's performance of or failure to perform under this Agreement, whether or not there is concurrent passive or active negligence on the part of the Released Parties in connection herewith: (a) Indemnitor shall defend any action or actions filed in connection with any of said Claims or Liabilities and shall pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Indemnitor shall promptly pay any judgment rendered against the Released Parties for any such Claims or Liabilities arising out of or in connection with the performance of or failure to perform under this Agreement; and Indemnitor agrees to save and to hold the Released Parties harmless there from; (c) In the event that the City, its elected or appointed officials, police officers, agents, employees, volunteers, attorneys, or anyone acting on their behalf, is made a party to any actions or proceeding filed or prosecuted against Indemnitor for such damages or other claims arising out of or in connection with Indemnitor's performance under this Agreement, Indemnitor agrees to pay to the City, its officials, police officers, agents, volunteers, attomeys or employees, any and all costs and expenses incurred by them in such action or proceeding, including, but not limited to, legal costs and attorneys' fees; (d) The Parties further expressly agree that this indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. 4. Release. Indemnitor hereby releases and forever discharges the Released Parties, and each and every one of them, from and against any and all Claims or Liabilities, including, but not limited to, any demands, actions and causes of action whatsoever which Indemnitor and/or any of the persons described in Paragraph 3 above may have or may hereafter have specifically arising in any way out of the exercise by Indemnitor of the rights afforded by this Agreement. TIlls is a complete and final release and shall be binding upon Indemnitor and covers claims arising out of or connected with Indemnitor's presence and/or the use of all or any portion of the Shooting Range by Indemnitor and/or any of the persons described in Paragraph 3 above. lRV #41223 vi (2) e e e 5. Waiver of Civil Code Section 1542. Further, the Parties expressly agree to waive and relinquish all rights and benefits that it may have under Section 1542 of the Civil Code of the State of California. That section reads as follows: "11542. [General release; extent] A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 6. Termination. This Agreement shall continue until terminated by either party. Termination shall occur only with thirty (30) days advance written notice to the Chief of Police of the respective department. 7. No Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party or any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8. Sole Ae:reement. This Agreement contains the entire understanding between the entity Parties as to the specific subject matter hereof and supersedes any prior understanding and/or written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the entity Parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. 9. Severabilitv. In the event that any provision of this Agreement shall be held to be invalid, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Agreement. 10. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 11. Attomevs' Fees. In the event of any dispute between the Parties hereto arising out of the terms of this Agreement, the prevailing party in such dispute shall be entitled to recover from the other all costs and expenses, including reasonable attorneys' fees and court costs incurred by the prevailing party in any such dispute (whether or not such dispute is prosecuted to a final judgment or other final determination), together with all costs of enforcement and/or collection of any judgment. 12. Knowinl!: and Voluntarv. This Agreement is an important legal document and in all respects has been voluntarily and knowingly executed by the Parties hereto. The Parties IRV #4122~ vi (3) e e e specifically represent that prior to signing this Agreement they have been provided a reasonable period of time within which to consider whether to accept this Agreement. The Parties further represent that they have each carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, knowingly, and without coercion entering into this Agreement based upon their own judgment. The Parties further specifically represent that prior to signing this Agreement they have conferred with their counsel to the extent desired concerning the legal effect of this Agreement. 13. Modifications. Any alteration, change, or modification of or to this Agreement shall be made by written instrument executed by each party hereto in order to become effective. 14. No Third Pam Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is iJ).tended to confer upon any person or entity any rights, remedies, obligations or liabilities under or by reason of this Agreement. 15. Ambie:uitv. The Parties acknowledge that this Agreement was jointly prepared by them, by and through their respective legal counsel, and any uncertainty or ambiguity existing herein shall not be interpreted against any of the Parties, but otherwise shall be interpreted according to the application of the rules on interpretation of contracts. 16. Authoritv. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (ill) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURE PAGE FOLLOWS] IRY #41223 vi (4) e e e IN WIlNESS WHEREOF, the Parties hereto have executed this Agreement, consisting of a total of five (5) pages, on the day and year first above written. "CITY" CITY OF CYPRESS, a municipal corporation City Manager APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP City Attorney SEAL BEACH POLICE DEPARTMENT ~c~ sf: Je:ffiiy C. Kirkpatrick Its: Chief of Police IRV #4t22:1.1 (5) City of Corona Public Safety Training Facility Agreement This agreement is made between the City of Seal Beach and the City of Corona. 1. SCHEDULE - The City of Corona agrees to allow CITY OF SEAL BEACH certified instructors to conduct training during the following periods: JANUARY 1, 2007 through JANUARY 2, 2009 2. LOCATION - This training shall be conducted at the following locations: Corona Police Fireanns Training Facility 710 Corporation Yard Way Corona, CA 92880-2002 Corona Police Defensive Tactics Training Facility 720 Corporation Yard Way Corona, CA 92880-2002 3. ITEMS - This schedule will consist of the following items: # - Half-Day Rentals of One Fireanns Bay at $300 each # - Full-Day Rentals of the Defensive Tactics Facility at $250 each 4. PAYMENT -In consideration for use of the Training Facility and the above listed items, CITY OF SEAL BEACH agrees to pay the City of Corona fees pursuant #3 above. 5. RESERVATIONS - The CITY OF SEAL BEACH training schedule will be set up in advance for the listed time period in order to reserve dates and times on a first-come- first-serve basis. These dates and times may be cancelled or changed by CITY OF SEAL BEACH up to 1 working day prior to the scheduled training. The training may then be rescheduled to an available time slot. Training will be conducted Monday through Friday from 0800 to 1700 hours. 6. HOLD HARMLESS - It is fully understood that participation in any law enforcement training exposes personnel to the risk of personal injury, death or property damage. CITY OF SEAL BEACH hereby acknowledges that all of their personnel are voluntarily participating in this scheduled training and expressly agree to assume any such risks. In consideration for being permitted to participate in this scheduled training by the use of the Corona Police Firearms Training Facility, Defensive Tactics Facility, Training Facility, Corporation Yard and associated City of Corona grounds, facilities, equipment and supplies, CITY OF SEAL BEACH agrees to indemnify, defend, hold harmless, release and forever discharge the City of Corona, its officers, employees, agents and volunteers from any and all claims and losses including, but not limited to, any injury, death or damage to or loss of personal property arising out of or in connection with any participation in the training from whatever cause, including the active or passive negligence of the City of Corona, its officers, employees, agents and volunteers or any participants in the training. 7. DAMAGES - CITY OF SEAL BEACH shall be responsible for paying any cost incurred by the City of Corona for facility damage caused by any CITY OF SEAL BEACH personnel or CITY OF SEAL BEACH participant, guest or service-provider. 8. COMMUNICATION - Notices and communication hereunder shall be sent to the addresses appearing below the signatures. 9. AMMENDMENTS - This agreement may be amended by mutual consent of the parties hereto. CITY OF CORONA Police Department CITY OF SEAL BEACH Jeff Kirkpatrick/Chief of Police .(1f/b<b Signature Date .::2 - 13 -07 Date Corona Police Department Attention: Sg!. Tom Raasveld 730 Corporation Yard Way Corona, CA 92880-2002 CITY OF SEAL BEACH Police Department Attention: L!. Tim Olson 911 Seal Beach Boulevard Seal Beach, CA 90740 CORONA POLICE TRAINING FACILITY 730 Corporation Yard Way Corona, CA 92880-2002 Training Sergeant: (909) 739-4855 Fax: (909) 279-6052 Firearms Training Facility The Firearms Training Facility is a state-of-the-art indoor facility containing a 10-lane 25-yard pistol bay and a 5-lane 100-yard rifle bay. The entire range is climate controlled. Lighting is variable from 100% to total darkness. All targets are mechanically retrievable and will face, edge or back. Each bay has a "Running Man" for additional versatility. The bullet trap is a ground rubber trap that will consume duty and practice ammunition without fragmentation. When you rent the Firearms Training Facility, you get the use of one classroom and the indoor/outdoor dining facility. A Rangemaster is available onsite to assist you with facility operation and to insure that your training program flows without any problems. You supply your own certified firearms instructors. Introductory rates are as follows: Pistol Bav $300 $495 Half Day Full Day Rifle Bav $300 $495 Both Bavs $550 $895 FireArms Tralnlna Simulator fFATS) Located within the Firearms Training Facility is our Firearms Training Simulator Room. Utilizing a multi-branching MPEG2 video system manufactured by FATS Inc., the students will role play several realistic scenarios as they unfold on our 138-inch screen. Your personnel will use one of our retrofitted firearms from the holstered position. The interactive scenario may evolve into a "shoot" or a "no-shoot" situation depending on whether our instructors branch the scenario into that direction. The system will also branch independently depending on the accuracy and effectiveness of the student's shot placement on the target. When you rent time on the Firearms Training Simulator, you get two fully certified FATS instructors who will instruct your personnel utilizing your own written shooting policy. $90 per student (8 students per 4-hour class) $180 per hour for less than 8 students per class (no per-student charge)