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HomeMy WebLinkAboutCity of Buena Park Police Department - 2011-06-06<- Council/Agency Meeting Held:_ 4LzIll Deferred/Continued to: App ved ❑ Conditionally Approved ❑ Denied 4j-4, City�C erk' ignatur Council Meeting Date: June 6, 2011 Departme t I Number: PD-11-007 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Approve and authorize execution of an agreement between the City of Huntington Beach and the City of Buena Park regarding use of the Buena Park Police Department's Firearms Training Facility. Statement of Issue: The Huntington Beach Police Department requests approval of an agreement with the City of Buena Park regarding the use of Buena Park Police Department's Firearms Training Facility. Financial Impact: Funds are budgeted in the General Fund Business Unit 10070303 (Police Training). The exact annual cost of this agreement cannot be determined in advance. The HBPD will only use the Buena Park Police Department (BPPD) Firearms Facility on an "as needed" basis when the Seal Beach Naval Weapons Station (SBNWS) Firearms Facility is unavailable. The fee structures for the SBNWS and BPPD are comparable (as detailed below). If the BPPD Firearms facility is used, the HBPD will simply divert funds already budgeted for the SBNWS to the BPPD. Therefore, there is no additional fiscal impact anticipated. FEE STRUCTURES SBNWS: The current agreement requires a fee of $12 per shooter. BPPD: The proposed agreement is a $150 fee per 4-hour block of usage. Because the BPPD range can accommodate up to 6 shooters at a time, the HBPD Training Unit is confident of being able to train 13 or more officers during each 4-hour block. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute an "Agreement for Use of Police Firing Range" between the City of Huntington Beach and the City of Buena Park. Alternative Action(s): Do not approve and instruct staff on how to proceed. HB -5 7- Item 4. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 6/6/2011 DEPARTMENT ID NUMBER: PD 11-007 Analysis: Currently, the City of Huntington Beach contracts with the Seal Beach Naval Weapons Station (SBNWS) for Police Department firearms training. The Huntington Beach Police Department (HBPD) is often given short notice of the SBNWS Range's unavailablility, which causes problems with scheduling and forces the City to pay overtime for HBPD officers to attend the training during the SBNWS Range's reduced hours of availability. The City of Buena Park Police Department (BPPD) has a Firearms Training Facility which can accommodate the HBPD's training needs and can be utilized during all hours of operation (including evenings and weekends). The City of Buena Park has proposed an agreement which would allow the HBPD to schedule training and utilize the BPPD's Firearms Training Facility on occasions when the SBNWS range is unavailable. Environmental Status: Not Applicable Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): Item 4. - 2 xB -58- ATTACHMENT AGREEMENT FOR USE OF POLICE FIRING RANGE This AGREEMENT FOR USE OF POLICE FIRING RANGE ("Agreement") is entered into on the 22nd day of February, 2011, by and between the City of Buena Park, hereinafter referred to as "Buena Park," and the City of Huntington Beach, hereinafter referred to as "Huntington Beach." RECITALS A. Buena Park owns and operates a state of the art police firing range for use by the Buena Park Police Department (the "Range" hereinafter). B. Huntington Beach is in need of a police firing range for use by its police officers. C. Buena Park is willing to permit Huntington Beach's use of the Range, subject to the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the respective covenants herein contained, Buena Park and Huntington Beach agree as follows: 1. Incorporation of Recitals. The parties acknowledge that the Recitals, above, are true and correct, and the same are made a part of and are incorporated as terms into this Agreement. 2. Huntington Beach's Use of the Range. Buena Park hereby consents to, and shall allow, Huntington Beach's use of the Range on days and during four (4) consecutive hour periods, as approved in writing in advance by Buena Park's Range Training Manager, subject to the following conditions: A. Huntington Beach shall provide all ammunition, targets and cleaning supplies necessary for its use of the Range. B. Use of the Range is prohibited unless a certified rangemaster provided by Huntington Beach is present. C. All shooters must wear body armor, protective ear wear, and safety glasses while on the Range. D. Upon completion of each use of the Range, Huntington Beach shall remove and properly dispose of all waste materials generated during its use of the Range, and leave the Range in clean, ready to use condition. E. Only that type and caliber of ammunition approved by Buena Park's Rangemaster may be utilized at the Range. No simulated rounds, paintballs, or any other projectile of any kind that is not approved by Buena Park's Rangemaster may be utilized at the Range. 3. Compensation. A. Huntington Beach shall pay a flat rate and minimum charge of $150 for each period of use not exceeding (4) hours, whether or not the Range is actually used for the entire four (4) hours. Continuous use exceeding four (4) hours shall constitute a new period of use requiring payment of an additional $150. Buena Park may adjust said rate at any time following not less than thirty (30) days prior written notice to Huntington Beach. B. Unless otherwise agreed upon in writing, Buena Park shall forward to Huntington Beach a written invoice for Huntington Beach's use of the Range, on a monthly basis. The invoice shall itemize the days and hours of use. Huntington Beach agrees to pay the charges reflected in such invoice, without offset or deduction, within thirty (30) days of receipt of the invoice. 4. Status of Employees. A. Huntington Beach shall not be liable for payment of any salaries, wages or other compensation or benefits to any Buena Park personnel performing services relating to or arising out of Huntington Beach's use of the Range. It is understood and agreed by the parties that, for all such purposes, Buena Park personnel acting as permitted or required by this Agreement, shall at all times be employees of Buena Park while so acting. B. Buena Park shall not be liable for payment of any salaries, wages or other compensation or benefits to any Huntington Beach personnel performing services relating to or arising out of Huntington Beach's use of the Range. It is understood and agreed by the parties that, for all such purposes, Huntington Beach's personnel acting as permitted or required by this Agreement, shall at all times be employees of Huntington Beach while so acting. 5. Term and Termination. Unless sooner terminated as provided herein, the term of this Agreement shall be two years from the date first set forth above, and may be extended for additional two-year terms upon written agreement by both parties' representatives. Either party may terminate this Agreement for any or no reason by providing not less than thirty (30) days prior, written notice to the other party. 6. General Provisions. A. The Police Chief of Buena Park and the Police Chief of Huntington Beach, and/or designees of either, are hereby designated by the respective parties as those persons with the authority to implement the provisions of this Agreement and to ensure compliance with the terms and provisions hereof. The Buena Park Chief of Police and his or her staff shall have authority and control over the day-to-day operations of the Range and the manner and means of implementing this Agreement. B. Any notice, report, correspondence or otherwise, permitted or required under the terms and provisions of this Agreement, shall be provided as follows: City of Buena Park City of Huntington Beach Attn: Chief of Police Attn: Chief of Police 6650 Beach Boulevard 2000 Main Street Buena Park, CA 90620 Huntington Beach, CA 92648 Any such writing required or permitted hereunder, shall be mailed by first class U.S. mail, or personally delivered addressed as shown above. Any such address may be modified by written notice of such modification to the other calling specific attention to this Agreement. C. The Buena Park Chief of Police, in cooperation with the Huntington Beach Chief of Police, may propose refinements to and/or modifications of this Agreement in order to maximize the benefits accruing to the parties hereto. Any such refinement and/or modification shall only be valid and enforceable against the parties if made in a writing signed by both parties to this Agreement. D. Each party agrees to maintain all legally required insurance policies including, but not limited to, worker's compensation insurance, or a self -insured plan, satisfactory to the other party, covering all of such party's personnel who will act as permitted or required by this Agreement. E. Huntington Beach agrees to and shall defend, indemnify and hold Buena Park, its elected and appointed officials, officers, agents and employees free and harmless with respect to any and all claims, liabilities, demands, actions, and/or judgments, including payment of reasonable attorneys fees, costs of experts and court costs, for any alleged injury, death or damage incurred by any person and arising out of, or incurred in connection with, the negligent acts or omissions of Huntington Beach, or any of its officers, employees, volunteers or agents while exercising rights granted, or performing obligations imposed, by this Agreement, except to the extent arising out of the active negligence or willful misconduct of Buena Park, or any of its officers, employees, volunteers or agents. The defense and indemnification provisions of this paragraph shall extend beyond the term of this Agreement, including any extension or extensions thereof, as to claims, demands, actions or judgments wherein the acts or omissions complained of arise during the term of this Agreement or any extension or extensions thereof. F. Buena Park agrees to and shall defend, indemnify and hold Huntington Beach, its elected and appointed officials, officers, agents and employees free and harmless with respect to any and all claims, liabilities, demands, actions, and/or judgments, including payment of reasonable attorneys fees, costs of experts and court costs, for any alleged injury, death or damage incurred by any person and arising out of, or incurred in connection with, the negligent acts or omissions of Buena Park, or any of its officers, employees, volunteers or agents while exercising rights granted, or performing obligations imposed, by this Agreement, except to the extent arising out of the active negligence or willful misconduct of Huntington Beach, or any of its officers, employees, volunteers or agents. The defense and indemnification provisions of this paragraph shall extend beyond the term of this Agreement, including any extension or extensions thereof, as to claims, demands, actions or judgments wherein the acts or omissions complained of arise during the term of this Agreement or any extension or extensions thereof. The Parties agree that Huntington Beach shall bear the cost of repairing and/or replacing any Buena Park equipment or facility damaged by or in connection with Huntington Beach's use of the Range. G. In the event any legal action or proceeding is brought by either party hereto with regard to the provisions of this Agreement, each party in such action or proceeding shall bear their own attorneys fees any costs and expenses as may be determined by the court. H.. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Buena Park and Huntington Beach. I. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and every other term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. J. This Agreement shall be construed and enforced in accordance with the laws of the State of California. K. This Agreement contains the entire understanding and agreement between the parties with respect to the subject matter hereof. The waiver of any provision of this Agreement by either party shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. IN WITNESS THEREOF, the parties hereto have executed th' Agreement as of the date and year first set forth above. / City of Buena Park City of H 0 Attast• M City Clerk ►I im Ci Clerk APPROVED AS TO FORM City Attorney City Attorney bft 1 City of Buena Park City of Huntington Beach OWNS C�7Y OF ]BUENA PARK Office of the City Clerk Shalice Tilton June 17, 2011 Joan Flynn, CIVIC City Clerk City of Huntington Beach 2000 Main Street — 2nd Floor Huntington Beach, CA 92648 Dear Joan: At its meeting of February 22, 2011, the City Council of the City of Buena Park approved the agreement for use of the Buena Park Firing Range by the Huntington Beach Police Department. Enclosed for your records is a fully executed agreement. Sincerely, Linda Long Assistant City Clerk Enclosure cc: Police Captain Robin Sells 6650 Beach Boulevard P.O. Box 5009, Buena Park, California 90622-5009 (714) 562-3750 Fax (714) 562-3506 City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk June 9, 2011 City of Buena Park Attn: Office of the City Clerk 6650 Beach Boulevard Buena Park, CA 90620 Dear Ms. Cabrera: Enclosed please find two originals of the Agreement For Use Of Police Firing Range. Upon execution, please return one original to: Joan Flynn City Clerk 2000 Main Street — 2"d Floor Huntington Beach CA 92648 Your attention to this matter is greatly appreciated_ Sincerely, JF:pe Enclosure: Agreements G: followup: agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand