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1984-107-Authorizing Execution Of Agreement For The Use Of De Anza College Firearms RangeRESOLUTION NO. 1984 -107 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR THE USE OF DE ANZA COLLEGE FIREARMS RANGE The Town Council of Los Gatos hereby RESOLVES that the Town Manager is authorized to execute the attached Agreement for the Use of the De Anza College Firearms Range on behalf of the Town. PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS THIS 2nd day of July , 1984, by the following votes: AYES: COUNCILMEMBERS Joanne Benjamin Eric D. Carlson, Brent N. Ventura and Mayor Thomas J. Ferrito NOES: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS Terrence J. Daily SIGNED:I `- %7 s %'M or of the' T wn of Los Gatos ATTEST: -Clerk of the Tow n of Los tos AGREEMENT FOR THE USE OF THE DE ANZA COLLEGE FIREARMS RANGE The following is a use agreement made and entered into by and between the Foothill -De Anza College District hereinafter referred to as "Licensor," and Los Gatos Police Denartment hereinafter referred to as „Licensee." The terms and conditions of the license are as follows: Description of the Premises. Licensor hereby agrees to allow the use of and Licensee agrees to hire from Licensor, on the terms and conditions hereinafter set forth, those certain premises located in the County of Santa Clara, State of California, and more particularly described as: De Anza College Firearms Range(s) NO. , 21250 Stevens Creek Boulevard, Cupertino, and appertinent acilities. Period of Use. Note: Range(s) is not available between 12:00 p.m. to 1:00 p.m. Licensee shall have use of the premises from: July 1 1984 through June 39 1985 varied hours and times to be arranged with the Rangemaster. wiui one ioiiowing exceptions: July 4, 1984; Septem er ; November 12, 22, 23, 1984; December 19, 1984 through January 4, 1985; January 15, 1985; February 12, 18, 1985; April 1 through April 5, 1985; May 27, 1985, and all legal holidays on which the De Anza Campus is closed, if any. License Fee. Licensee shall pay Licensor $37.00 per hour between 7.30 a.m. and 6:00 p.m. and $55.00 per hour at all other times for the right to use the premises during the time specified in paragraph 2 of this agreement. Such fee shall be payable in four equal installments within 30 days after Licensee's receipt of an invoice from Licensor. If a Purchase Order Number is required for payment of an invoice, Licensor shall not be held responsible for providing this number to Licensee before payment of invoice can be processed. Invoices shall be mailed to, and the responsibility of the person listed in Paragraph 6 of this agreement. 4. Additional Use. Additional hours of use of the premises may be arranged by mutual agreement. The fee for each additional hour of use shall be established by the fee schedule in effect at the time of the additional use and the Licensee shall submit payment of any such fees within 30 days after Licensee's receipt of an invoice from Licensor. Any training, educational and /or instructional services costs may be mutually determined. 5. Termination. This License shall be terminable upon written notice by either party to the other 30 days before the termination date. Furthermore, Licensee may cancel any number of the hours of use specified in paragraph 2 by giving Licensor written notice of the cancellation at least 30 days before the date of the hours to be cancelled. Upon timely receipt of a notice of termination or cancellation, the Licensor shall refund to the Licensee a pro rata share of the license fee based upon the ratio between the number of hours cancelled and the total number of hours specified in paragraph 2. (OVER) Notice. Any notice required herein shall be given in person or by certified mail, as follows: Notice to Licensor: Rangemaster, De Anza College Firearms Range, 21250 Stevens Creek Boulevard, Cupertino, CA 95014 with copy to the Director Business Services, Foothill -De Anza Community College District, 12345 E1 Monte Road, Los Altos Hills, CA 94022. Notice to Licensee: Los Gatos Police Department Attn: Art Roy P.O. Box 973 Los Gatos, CA 95031 Nonassignability. Licensee shall not assign this license in whole or in part without the written consent of Licensor. 8. Licensee and Licensor understand and agree that no interest in real property is conveyed by this license. 9. Stored Property. The Licensor shall not be responsible for property of the Licensee stored in the Range. 10. Utilities. Licensor shall provide all utilities to be used by Licensee on or about said premises throughout the term of this agreement. 11. Maintenance. Licensee acknowledges that the said premises are in goo con Fition and repair, and agrees not to do or suffer any waste or nuisance upon said premises, or to injure or deface same, or any part thereof, or to suffer or permit the same during or at the termination of this agreement. 12. Hold Harmless. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees from any and all claims, damages, losses, causes of action, and demands of any and every kind, and all costs and expenses incurred in connection therewith, resulting from or in any manner arising out of this agreement. 13. Insurance. Licensee shall secure and maintain in full force and effect. during the term of this agreement liability insurance in the amount of at least $2,500,000 per occurance. Such insurance shall be written by carriers satisfactory to Licensor and shall be evidenced by a certificate of insurance naming Licensor, its officers, employees and agents as additional insureds. The certificate shall provide that the insurer will not cancel the insured's coverage without 60 days prior written notice to Licensor. The insurance required by this section and the certificate of insurance evidencing that insurance shall cover the liability described in this Agreement by liability coverage and contractual coverage. In lieu of blanket contractual liability coverage a special endorsement listing this Agreement as covered shall be acceptable. 14. Supplies & Personnel. (a) Licensee agrees to furnish its own instructor or training officer during periods of its use of the range hereunder. Licensee agrees that all of its personnel shall wear appropriate shoes, apparel and protective equipment, and shall handle all firearms and ammunition, in accordance with Licensor's established Range safety regulations and procedures. Licensee shall furnish all of the personal equipment and supplies required for its use of the Range; provided, however, should Licensee use any consumable Range supplies or materials owned by the Licensor, Licensee shall reimburse the Licensor for the cost of such materials and supplies within 30 days after Licensee's receipt of the invoice from Licensor. (b) Ammunition and /or supplies not stored in Licensee's locker will not exceed 10,000 rounds of .38 special, 22 caliber, 45 caliber or 9 millimeter or any combination of these, and two boxes of targets. These supplies shall be stored in the armory or range as space is available. 15. Rangemaster. Licensoe's Rangemaster shall be present at all times durin ensee's use of the premises. The Rangemaster shall have full authority to take any action he or she reasonably deems necessary to enforce Range safety regulations and procedures, a copy of which is attached, including but not limited to ejecting any individual from the range who fails or refuses to obey the directions of the Rangemaster. In addition, the Rangemaster shall have sole authority to issue all preparatory and fire commands. 16. To conform with Section 3872 (b) of Title 8 of the California Administrative Code and other provisions of law, Firearms Instructors and Agency Training Officers should wear approved type ear insert protectors in addition to earmuff type protectors as set forth in USASI 724.22 -1957. All shooters shall wear eye protection. Note: Long hair prevents an adequate seal when using earmuff type ear protectors. Date: Licensee: 1208e /sb Licensor: Foothill -De Anza Community College District 12345 E1 Monte Road Los Altos Hills, CA 94022 m FIREARMS RANGE SAFETY RULES 1. Unholstered or uncased revolvers will be carried by the top strap with the cylinder open. 2. Unholstered or uncased automatics will have the magazine removed and the slide locked open. 3. Uncesed rifles and shotguns will be carried with the breech open. 4. Guns will be loaded and unloaded only on firing line on command. 5. Guns at all times will be pointed down range, so that if accidently fired they will hit the target. 6. Guns will not be cocked except when pointed at the target. 7. If a misfire occurs keep gun pointed down range a minimum of ten (10) seconds then notify range officer. 8. Dry firing will be done only on firing line and on command. 9. Unless assigned as a coach there will be no speaking with shooters. 10. Faulty or hazardous ammunition will be placed in receptacle provided. Brass will be policed on command before leaving firing line and disposed of in accordance with previous instructions. 12. When firing Practical Pistol Course or NRA Police Combat with semi - automatic type guns: a. On command "Load and holster ", magazine only will be inserted, chamber will be empty. Compliance will be verified by Rangemaster, Assistant Rangemaster, or Training Officer. b. When targets face shooter or "Commence firing" is given, gun may be unholstered and round chambered. At option o5 Rangvrc.6teA, Aad.ietan.t Rangemaa.ten. on. Tnai.ning 0$6icea. "a" and "b" may be modi.6.ied. 13. Abide by range officer's commands at all times. P R 0 H 1 B 1 T E D 14. Clam shell, cross draw, hideout, and shoulder holsters. 1i 15. Use of "Hot" handloaded, AP or tracer ammunition. 16. Rifles or caliber larger than, or muzzle velocity greater than standard .22 caliber long rifle. 17. Shotgun ammunition 00 buck or smaller. Shot gun slugs of gauge or weapon being fired is permissable. 18. Holstered semi - automatic type gun with live round in chamber. 19. Any weapon examined by Rangemaster and considered "unsafe." nnnrrrttnu urtGT ar UnRN WHEN ON THE SHOOTING GLASSES ANU /UK rKt:)t.Kiriiun uLna4&a .+•.� -•- FIRING LINE (EDUC. CODE. SECTION 32030 and 32031).