1985-078-Authorizing Execution Of Agreement For The Use Of De Anza College Firearms RangeRESOLUTION NO. 1985 -78
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR
THE USE OF DE ANZA COLLEGE FIREARMS RANGE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS HEREBY RESOLVES
that the Town Manager is authorized to execute an 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 20th day of _ May 1985, by the following
votes:
VdC&P
NOES:
COUNCILMEMBERS Terrence J. Daily, Thomas J. Ferrito,
Brent N. Ventura, and Mayor Joanne Benjamin
COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
SIGNE
ATTEST:
Clerk of the Town of Los atos
None
Eric D. Carlson
Mayor of
of Los Gatos
AGREEMENT FOR THE USE OF THE DE ANZA COLLEGE FIREARMS RANGE
1985 -86
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 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
R 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.
9 -94- 043- 01 -13- 18282, 21250 Stevens Creek Boulevard, Cupertino, and
appertinent facilities.
2. Period of Use. Note: Range(s) is not available between 12:00 p.m.
to lam. Licensee shall have use of the premises
from: July 1 1985 through June 30. 1986
with the following exceptions: uuiy 4, i!obo; z)epLemoer z, 1!foo;
November 11, 28, 29, 1985; December 17, 1985 through January 5, 1986;
February 14, 17, 1986; March 31 through April 4, 1986; May 26, 1986,
and all legal holidays on which the De Anza Campus is closed, if any.
3. License Fee. Licensee shall pay Licensor $37.00 per hour between
7:30 a.m. and 6:00 p.m. and $55.50 per hour at all other times for
the right to use the premisesuring 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 arty 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)
14. Supplies & F_.sonnel. (a) Licensee agrees 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. 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 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: �,- --0 R—W,
Licensee:
Town of Los Gatos
110 East Main Street
P_ Il Rnv 949
I nc Gatnc, CA gS041
Nadine P. Levin, Acting Town Manager
(Range Safety Rules on reverse side)
1208e /s
Licensor:
Foothill -De Anza Community
College District
12345 E1 Monte Road
Los Altos Hills, CA 94022
By
ATTEST:
Date
Date