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HomeMy WebLinkAboutRIO HONDO COMMUNITY COLLEGE 1 - 2003N-2003-132 COPY RIO HONDO COLLEGE Rio Hondo Community College 3600 Workman Mill Road Whittier, CA 90601 (562) 908-3413 fax (562) 908- 3462 AGREEMENT FOR WEAPONS FIRING RANGE SERVICES (rNCOME) This Agreement, made and entered into this First day of Novembera 200~__, by and between Rio Hondo Community College hereinafter referred to as the "District," and the ( Santa Ana Police Department ), hereinafter referred to as the "( SAPD )"; WlTNESSETH: 1. The DISTRICT agrees to provide use of its Weapons Firing Range. The DISTRICT hereby authorizes ( SAPD ) to use the Weapons Firing Range owned and operated by the District subject to the following provisions. 3. The term of this agreement shall be from July 1, 2003, to and including June 30, 2004. Either party hereto may terminate this agreement by giving written notice to the other party at least (30) thirty calendar days prior to the effective date of cancellation. Use of said range shall be limited to ( SAPD ) staffparticipating in formal training and re- qualification activities. The District and ( SAPD ) agree said range shall be open and usable by ( SAPD ) at such times that are mutually agreeable to both parties hereto, but that exclusive use of the facilities at any time or times is not granted without prior mutual agreement of both parties. 10. 11. 12. 13. 14. 15. The parties hereto agree that empty cartridge casings resulting from ( SAPD )'s use of the range become the property of the District. ( SAPD ) shall be responsible for providing eye and hearing protection, use of which is mandated by the range safety regulations. ( SAPD ) shall also be responsible for providing their own targets and backers; these items are not provided by the District. ( SAPD ) agrees that its staff will be subject to range safety rules established by the District while exercising the privileges of the agreement. ( SAPD ) agrees that its staff will be subject to range orders of the District while exercising the privileges of the agreement. ( SAPD ) agrees to provide its own Range Master and adequate safety supervision for their shooters and assume full responsibility for their personnel. ( SAPD ) agrees to pay District in arrears upon receipt of an invoice from funds appropriated. Charges shall be $200 per "session". A "session" shall consist of an eight hour block of time. A "half session" shall consist of a four hour block of time. Charges for a "half session" shall be $100. The District agrees that ( SAPD ) shall have the use of all on-site facilities located on the range for its training programs without additional charge. The District agrees to submit invoices in duplicate to ( SAPD ) for approval. If required, District will indicate ( SAPD )'s contract number (if any) # on each invoice. Invoices not on pre-imprinted bill head shall be signed by the District as fumishing the service. Payment shall be made within (30) thirty calendar days from the postmarked date of a properly submitted invoice. HOLD HARMLESS: The ( SAPD ) shall save, defend, hold harmless and indemnify the DISTRICT against any and all liability, claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of( SAPD ), and subcontractor, or any employee, agent or representative. The District insofar as it may legal to do so, agrees to indemnify defend and hold harmless ( SAPD ) its officers, agents and employees from and against any an all claims and demands whatsoever resulting from District's negligence in connection with the acts related to this agreement. 16. 17. 18. 19. 20. 21. ( SAPD ) will pay for any repairs to District property necessitated by misuse or abuse. The District shall not be responsible for damage or losses, regardless of cause to any and all personal property. Amendments shall be valid only if made in writing and signed by both parties hereto. The DISTRICT, while engaged in the performance of this contract, is an independent contractor, and is not an officer, agent or employee of the ( SAPD ). This agreement shall not assign the whole or any part by either party hereto without the written consent of the other. This Agreement constitutes an integration of the entire understanding and agreement by, between, and among the parties hereto and supersedes and is in lieu of any and all other arrangements, statements or promises, written or oral, between the District and (SAPI) ). Any representations, warranties, promises, understandings, or conditions, whether written or oral, not specifically incorporated herein, shall not be binding upon any of the parties hereto. This Agreement is executed in Los Angeles County, California, U.S.A., and shall be governed by the law of the State of California, and any questions arising hereunder shall be construed or determined according to such law. Venue for any action brought pursuant to this Agreement shall be Los Angeles County, California, U.S.A. Rio Hondo Community College 600 Workman Mill Road Whittier, CA 90601-1699 Santa Ana Police Department 60 Civic Center Dr. Santa Ana, CA 92701 Signed Timothy L. Connell Director, Contract Management and Vendor Services Signed (name and title typed) Date Date 1N WITNESS WHEREOF, the City of Santa Ana executes this Agreement for Weapons Firing Range Services, this day of November, 2003. City Clerk CITY OF SANTA ANA City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Lh~ra'Sheedy ' Assistant City Attomey APPROVED AS TO CONTENT: PAUL M. WALTERS Chief of Police