1983-097-Authorizing Execution Of Agreement For The Use Of De Anza College Firearms RangeRESOLUTION NO. 1983 -97
RESOLUTION AUTHORIZING EXECUTION OF AGREEMMT 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 MMEEETINC OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS THIS 16th day of Ma'Z 1983, by the
following votes:
AYES: COUNCITMH�✓RFaa Joanne Benjamin, Terrence J. Daily,
Thomas J. Ferrite, Marlyn J. Rasmussen and Mayor
Brent N. Ventura
NOES: COUNCIIMMEMBERS None
ABSTAIN: COUNCIIS1RMERS None
� •• � IM 4C X17.
SIGNED:
Mayor of the Town or Los Gatos
Y /M
Clerk ot the Town ot Los Gat 0s'
AGREEMENT FOR THL USE OF THE DE ANZA COLLEGE FIREARMS RANGE
The fol %wing is a use agreement made and entered into by and between the Foothill -
De Anza Community College District :- ereinafter referred to as "Licensor," and
Los Gatos Police Department hereinafter
referred to as Licensee. The terms and conditions of the license are as follows:
1. 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 facilities.
2. Period of Use. Note: Range(s) is not available between 12:00 p.m. to 1:00
p.n;. Licensee shall have use of the premises from:
April 1, 1983 through June 30 1983• varied hours to be arranaed
with the Rangemaster.
with the following exceptions: July 1 - 10, 198k� November 27, 198 ; December
18, 19813through January 4, 198j, and all legal holidays on which the De Anza
Camous is closed, if any.
3. License Fee. Licensee shall pay Licensor $ 25.00 per hour between 7:30 a.m.
and 6:00 p.m. and $ 37.50 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 on July, 198k� October 1, 198)2
January 1, 1982; and April 1, 198x.3
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.
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 canceled. 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 canceled and
the total number of hours specified in paragraph 2.
6. 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 a copy
to the Director Business Service, Foothill -De Anza Community
College District, 12345 El Monte Road, Los Altos Hills, CA 94022.
- Notice to Licensee: Los Gatos Police Department
Attn: Sqt. Saindon
P.O. Box 973
Los Gatos, CA 95031
7. Nonassignability. Licensee shall not assign this license in whole or
in part without the written consent of Licensor.
S. Licensee and Licensor understand and agree that no interest in real
property is conveyed by this license.
9. Utilities. Licensor shall provide all utilities to be used by Licensee on
or about said premises throughout the term of this agreement.
10. Maintenance. Licensee acknowledges that the said premises are in good
con— ii tion and repair, and agrees not to do or suffer any waste or nuis-
ance 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.
11. Hold Harmless. Licensee shall hold harmless, defend and idemnify Licensor,
is 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.
12. Insurance. Licensee shall secure and maintain in full force and effect
uring 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 addi-
tional 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.
13. 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 ammuni-
tion, 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.
14. Rangemaster. Licensor's Rangemaster shall be present at all times during
Licensee'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 Range -
master shall have sole authority to issue all preparatory and fire commands.
15. To conform with Section 3872 (b) of Title 8 of the California Adminis-
trative 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:
z
J
(Range Safety Rules on reverse side)
Licensor:
Foothill-De Anza Community
College District
12345 El Monte Road
Los Altos Hills, CA 94022
By
r� nn� YVLVLYG
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. Uncased 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.
11. 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 Comb.at 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 o6 Rangema.eten., A66i6tant RangemasteA on T,aiming 066.iceA "an and "b" may
be modi.6i.ed.
13• Abide by range officer's commands at all times.
P R O H I B i T E 0
14. Clam shell, cross draw, hideout, and shoulder holsters.
15. Use of "Hot" handloaded, AP or tracer ammunition.
I16. 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."
SHOOTING GLASSES AND /OR PRESCRIPTION GLASSES AND EAR PROTECTION MUST BE WORN WHEN ON THE
FIRING LINE (EDUC. CODE. SECTION 32030 and 32031).