1986-142-Execute An Agreement With De Anza Community College District For Use Of De Anza College Firearms RangeRESOLUTION NO.- 1986 -142
RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH DE ANZA COMMUNITY COLLEGE DISTRICT 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 2nd day of September > 1986
by the following votes:
AYES: COUNCILMEMBERS Joanne Benjamin. Eric D. arlson
Thomas J. Ferrito Brent N. Ventura and
May Terrence J. Daily
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SIGNED: 7od`�'-a^`r-a, . __ 'j9
ayor of the`Tawr o of 1 s� a
ATTEST:
DEPUTY Clerk of the in �Los Gat os
R16 5
AGREEMENT FOR THE USE OF THE DE ANZA COLLEGE FIREARMS RANGE
1986 -87
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 DEPARMENT 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.
9 -94- 043- 01 -13- 18282, 21250 Stevens Creek Boulevard, Cupertino. and
appertinent taciiities.
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, 1986 through June 30, 1987. Six (6) hours per month or by
arrangement, whichever is greater.
With the followinc exceptions: July 4, 1986; September 1, 1986;
November 11, 26, 27,28, 1986; December 18, 1986 through January 5,
1987; January 19, 1987, February 13, 16, 1987; March 28 through April
5, 1987; May 29, 1987, and all legal holidays on which the De Anza
Campus is closed, if any.
License Fee. Licensee shall pay Licensor $41.00 per hour bet��,een
7:30 a.m. and 6:00 p.m. and $61.00 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 (jays 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 nays 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 th`e ratio between the number of
hours cancelled and the total number of hours specified in paragraph
2.
(OVER)
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 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
7. Nonassignability. Licensee shall not assign this license in whole or
in part without the written consent of Licensor.
8. Licensee and Licensor understand anc 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
good condition 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 anc 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 ae 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. 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:
Licensee:
By
Deborah Swartfager,Town Ma a
(Range Safety Rules on reverse side V
Approved: l t
own A ne�Form
1208e /sb
as to Content
V
Licensor:
Foothill-De Anza Community
College District
12345 E1 Monte Road
Los Alto ills, CA 94022
BY —44 ,
— --
:3 -6?(�
Date
Date
Clerk of the Town of Los Gatos Date
DE ANIA COLLEGE
FIREARMS
RANGE SAFETY RULES
1. Unhoistered or encased 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. Unused 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 darn range a minimum of ten (10) seconds then
notify range officer.
S. 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.
s
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 o6 Rangemute✓t, A66.c4tant Rangemasten oa Tuini.ng Oj6iceA "a" and "b" may
be modijied.
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.
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 permissible.
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).
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 Rance 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 suppliers or materials owned by the Licensor,
Licensee shall reimburse `the Licensor for the cost of such materials
and supplies within 30 daj,• after Licensee's receipt of the invoice
from Licensor. (b) Ammum\tion and /or supplies not stored in
Licensee's locker will not exceed 10,000 rounds of .38 special, 22
caliber, 45 caliber or 9 ir,illl'meter or any combination of these, and
two boxes of targets. These supplies shall b Pored in the armory
-r range .mss snare. is availahle. \
15. Rancernaster. Licensor's Rangemast`�11 be present at all times
during Licensee's use of the premi s. The Rangeiraster shall cave
full authority to take any ac ti he or she reasonably deems
necessary to enforce Ranges ety reg�latior.s and procedures, a copy
of which is attached, inci ding but no limited to ejecting any
individual from the ran who fails or r''tfuses to obey the directions
of the Rangemaster. -Zinn addition, the Ran'gemaster shall have sole
authority to issuer "all preparatory and fir commands.
16. To conform with Section 3872 (b) of Title 8 of\t,„Ghe California
Administrative Code and other provisions of law, Firearms Instructors
and Aq^ Training Officers should wear approved type ear insert
protectors in addition to earinu ' tyre rrotec,�