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Home My WebLink AboutCity of Pomona - 2004-03-15$1! Council/Agency Meeting Held: O Deferred/Continued to: Approved U Conditionally Approved ❑ Denied City er ignatu Council Meeting Date: March 15, 2004 = Department ID Number. PD-04-004 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 4tU PREPARED BY: KENNETH W. SMALL, Chief of Police ` - • N SUBJECT: Approve the Contract between the City of Huntington Beach and t1p, City of Pomona for the use of the Pomona Police Pistol Range- FStatement of Issue, Funding Source. Recommended Action, Alternative Action(s), Analysis, Environmental Status, At*.achmen!(s) Statement of issue: By the very nature of their assignment, police motorcycle officers require unique firearms range training different from their patrol officer counterparts. The current range facilities in Corona and the Seal Beach Naval Weapons Station do not meet these range requirements. The City of Pomona has offered the periodic use of their Police Pistol Range to train our motorcycle officers. Funding Source: Expenses for this contract are budgeted in the current fiscal year 2003-2004 in the Police Training Unit, business unit 10070303. No additional appropriations necessary. Recommended Action: 1. Approve and authorize the Mayor and City Clerk to execute the contract between the City of Huntington Beach and the City of Pomona. 2. Authorize the Chief of Police to expend up to $350 annually for motor officer firearms training. Alternative Action(s): Do not approve and authorize the Mayor and City Clerk to execute the contract between the City of Huntington Beach and the City of Pomona and direct staff accordingly. G- S k."/ REQUEST FOR ACTION lJ MEETING DATE: March'15, 2004 DEPARTMENT ID NUMBER: PD-04-004 Analysis The Police Department utilizes two locations for firearms training. One is located in Seal Beach at the Naval Station and the second one is located at a privately owned and operated facility in Corona. Only the location in Corona provide static and dynamic shooting, which is when officers are moving while they fire their weapons. Firearms training is required to be completed six times a year by every officer. Motorcycle officers are presented with a special problem concerning firearms training, In order to gain access to their weapon, they must dismount from their motorcycles. In order to provide realistic training scenarios during firearms qualifications, motorcycle officers require a range location that provides them the opportunity to drive their motorcycles into the range area, dismount and immediately engage targets using either a handgun or shotgun. The Pomona Police Pistol Range range provides this unique training facility. The Pomona Police Pistol Range would be used once a year by every motorcycle officer and once during the training of any new motorcycle officers. The cost to use the Pomona Police Pistol Range is $7 per officer per day. The attached City of Pomona Police Pistol Range Contract Agreement has been reviewed by the City Attorney's Office. If this contract is approved and executed training at the Pomona Police Range could begin within the next few months. Environmental Status: Not applicable. Attachment(s): RCA Author: Terry Lindsey, Lieutenant U:1RCA- RLS-Contracts\RCAMContract RCAs1C4 of Pomona Pistol Range 3-15-04.doc -2- 2/1812004 2:35 PM lJ ATTACHMENT# 1 AGRF.F.MI:NT THIS AGREEI-.4ENT is entered into this day of March 2004, between the CITY OF POMONA ("POMONA"), a municipal corporation, and HUNTINGTON BEACH POLICE DEPART ("HBPD"). WHEREAS, HBPD desires to use the POMONA Pistol Range ("Range"), owned and operated by the City of Pomona; NOW, and in consideration of the covenants, conditions, agreements, and stipulations expressed here, POMONA and IIBPD agree as follows: 1. POMONA agrees that IIBPD shall have the use of the Pomona Police Pistol Range. 2. The use of the Range by HBPD shall be limited to those sworn members permanently assigned to HBPD under the institutional supervision of a NRA or FBI — certified qualified, competent Rangemaster. 3. The Rangemasters authorized by HBPD shall have their name(s), address(es) and telephone numbcr(s) on file in the Office of the Chief of Police of POMONA. IIBPD agrees to advise the Chief of Police of POMONA of any and all changes in such information within seven (7) days of such change. 4. POMONA and HBPD agree the Range shall be open and usable by qualifying employees of HBPD and as described in 42 (above), at such times as are mutually agreeable to both parties. S. Use of the Range shall be in accordance with a schedule provided by the Chief of Police of POMONA, and the right is reserved by ]POMONA to change the schedule at any time, with notice, in writing, provided to HBPD. 6. IIBPD agrees that, while exercising the privileges of this Agreement, it will be subject to all provisions of this Agreement and to the Range safety rules established by POMONA and/or its Chief of Police, or the designated representative. 7. HBPD shall furnish all necessary cardboard, targets, associated target materials, and ammunition used pursuant to this Agreement. 8. HBPD shall be responsible for the general policing and clean-up of the Range, to the extent of HBPD's use of the Range and facilities. 9. HBPD shall not bring and/or consume alcoholic beverages on the Range, nor shall any person acting under this agreement be on the Range while under the influence of alcoholic beverages. 10. HBPD is prohibited from using the facilities of the Range, including the heliport area and other areas so designated as not part of the Range. Pomona Pistol Range Agreewnt rev. 1 a30N6 Page 2 V 11. HBPD agrees to compensate POMONA for the use of the Range by paying $7.00 per member of the HBPD, per shoot, per day. 12. HBPD agrees to repair damage to stay and all property on the Range and its facilities resulting from the negligence of its members. 13. HBPD agrees to indemnify, defend, hold and safe harmless POMONA, its officers, agents, and employees from any and all claims, demands, suits, judgments, expenses, and costs of any and all kinds, in the event of injury to or death of persons or loss of or damage to property, and from penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, or corporation arising out of or related to the use of the Range by IIBPD's employees or agents, or successor's in interest negligent or willful acts, errors or omissions, and including paying all costs for required remediation of environmental contamination of the shooting range resulting from the accumulation of lead shot, bullets, casings, pellets, gunpowder, primer, copper, dust, contaminants, and all other products or by-products introduced or caused by IIBPD's use of the Range. 14. HBPD shall furnish POMONA a Certificate of Insurance, insuring an on "occurrence" basis for public liability and property damage in the limits of no less than $1,000,000 plus S50,000 property damage endorsed to name the City of POMONA as an additional insured insofar as such liability or damage relates to use of the Range, and to insure each and every member of POMONA, its agents and employees from liability for bodily injury and/or property damage to the Pomona Police Pistol Range and for any other POMONA property resulting from the use and operations of the insured above terms. The Certificate of Insurance shall contain the provision that the City Clerk of POMONA shall be notified of any cancellation, changes of limits, or changes of conditions affecting the policy of insurance. 15. If HBPD is deemed to be self -insured, HBPD is subject to Sections 989-992 of the California Government Code. In the event HBPD is self -insured, a letter from an authorized official stating compliance with the above terms and conditions of coverage shall be submitted for the Certificate of Insurance. POMONA shall be named as an additional insured on any excess policy held in addition to the self -insured retention. 16. Any claim or cause of action arising out of HBPD's use of the Range may be brought under the provisions of California Government Code §800 et seq., the Government Tort Claims Act. All claims or causes of action for damages sustained to the facility or for personal injury to others caused as a direct result of the negligent use of the facility shall also be subject to the provisions of the Government Tort Claims Act. 17. All HBPD's employees utilizing the POMONA Range will do so in connection with their official duties as Law Enforcement Officers. Any injuries sustained which are not the result of misconduct will be compensated through the appropriate state or federal compensation scheme including, but not limited to Workers' Compensation and/or the Federal Employee Compensation Act, 5 U.S.C. Section 8101 et seq. Pomona Pistol Range Agreement rev. 10/30/96 Page 3 18. In the event that any dispute should arise concerning the application or interpretation of the terms of this Agreement, the prevailing party in any such dispute shall be entitled to recover reasonable attorney fees and costs. 19. This Agreement shall become effective on , 38U3ecd shall remain in effect for a period of one year, unless canceled or terminated as in this agreement provided. Use of the Range according to the terms of this Agreement will correspond to the term and duration of this Agreement. 20. This Agreement may be terminated either by mutual agreement of the parties or by written notice by either of the parties to the other party of an intention to terminate the Agreement. Any such written notice shall serve automatically to terminate this agreement thirty (30) days after the date such notice is sent to the other party via certified or registered mail. 21. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained in or attached to this Agreement. This instrument supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No alteration of or amendment to this Agreement shall be valid unless made in writing and signed by the parties to this Agreement. CI NTI ON BEAC APPROVED AS TO FORM: Mayor ATTEST: i C er REVIEWED AND APPROVED: Administrator POMONA POLICE DEPARTMENT 1T City tto ey , 7,6 3 ED AND APPRO ED: Police Chief James Lewis Chief of Police (Signature) TITLE ***SEE ADDITIONAL.'SIGNATURE PAGE*** DATE Y for PM* Pistol Rap Agreement rev. lo✓loft Pnge3 I S. In the event that any dispute should arise concerning the application or Z�Mtto ation othe termsofthis Agreement, the prevailing party in any such dispute shall be recover reasonable this fees and costs. 19. This Agreement shall become effective on January 1, 2003 and shall remain in efffct for a period of one year, unless canceled or terminated as in this agreement provided. Use of the Range according to the terms of this Agreement will correspond to the term and duration of ibis Agreement. 20. This Agreement may be terminated either by mutual agreement of the parties or by written notice by either of the patties to the other party of an intention to terminate the Agreement. Any such written notice shall serve automatically to terminate this agreement thirty (36) days after the date such notice is sent to the other party via certified or registered mail. 21. This Agreement embodies the entire agreement of the parties. There are no premises, terms, conditions, or obligations other than those contained in or attached to this �ent. This instrument supersedes all previous communications, representations, or ents, either verbal or written, between the parties. No alteration of or amendment to this Agreement shall be valid unless made in writing and signed by the parties to this Agreement. =-APPROVED AS TOFORM: 4TM A • APIPRQ • RFVIEWM AND APPKUVED: Joe Romero, Jr. Captain Acting Chief Chief of Poli 2 / 2 f / 04 THE DATE ***SEE ADDITIONAL SIGNATURE PAGE*** 00 t 39Gd v v RCA ROUTING SHEET INITIATING DEPARTMENT: POLICE SUBJECT: Approve the Contract between the City of Huntington Beach and City of Pomoa COUNCIL MEETING DATE: March 15, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable)- Not Applicable Resolution wlexhibits & legislative draft if a licable Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) Signed in full b the Cif Attome Attached Subleases, Third Party Agreements, etc. (Approved as to %rm PZ Cityktom2yj Not Applicable Certificates of Insurance (Approved PZ the Cif Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report if applicable) Not Applicable Commission, Board or Committee Report If a olicable Not Applicable Finding s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR A ED Administrative Staff Assistant Ci Administrator Initial City Administrator Initial Ci Clerk EXPLANATION FOR RETURN OF ITEM: Please return contract to Lt. Ter Lindsey for forwarding to the Ciy of Pomona. i