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HomeMy WebLinkAbout1978-05-16; City Council; 5443; APPROVING AN AGREEMENT WITH DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR USE OF PISTOL FIRING RANGECITY OF CARZSBAD 0 -___ *! * * ACZSiDA 8ILL NO. 5445 Initial: C. Atty.@ D;,'l'E : May 16, 1978 DEPARTfiIENT: Po1 j ce C. Mgr, & Subj i:c t : Dept.Iid.@ 2 ~- -_ ___ APPROVING AN AGREEMENT WITB DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR USE OF PISTOL FIRING RANGE 7 Stzterclent of the bkkter Ihe City of Carlsbad operates a pistol firing range (reached via the "Old Dunp Fioad"). The Department of California HighJay Patrol desires to use th:is pistol range for use by members of the Highway Patrol assigned to the Oceanside hgadquarters. An agreement is attached and it is recommende? that the City Council by resolution authorize the Nayor to execute the agrement which calls for an annual consideration of $420.00 to be paid by the State to the City with the agreement to run for a one-year period. approving the agreement. Agreement to commence July 1, 1978. - ounty ,5 The Police Chief recommends Exhibit Resolution No. 54)7 with agreement attached Recommendations That the City Council adopt Resolution No.&#/7 accepting and approving for signature the attached Pistol Range Contract C-51-78/79, authorizing the Califor Highway Patrol to use the Carlsbad Pistol Range for a period of twelve months beginning July 1, 1978, in accordance with the terms thereof. Council Action: 5-16-78 Resolution No. 5417 was adopted, approving an agreement wi the Department of California Highway Patrol authorizing th State to use the pistol firing r'ange operated by the City a one year period. ‘c I 1 2 3 4 5 6 7 8 - 9 10 11 $12 13 14 15 16 17 3.8 19 20 21 22 23 a 0 RESOLUTION NO. 543 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL AUTHORIZING THE STATE TO USE THE PISTOL FIRING RANGE OPERATED BY THE CITY FOR A ONE YEAR PERIOD. BE IT RESOLVED by the City Council of the City of Carl: California, as follows: That the Mayor of the City of Carlsbad is hereby authoi and directed to execute on behalf of the City that certain agreement with the Department of California Highway Patrol, authorizing the State to use the pistol firing range operatc by the City of Carlsbad for a one year (1) period. A copy I said agreement is attached hereto and incorporated by refer1 herein. PASSED, APPROVED AND ADOPTED at a regular meeting of t‘ City Council of the City of Carlsbad, California, held the 16th day of May , 1978, by the following vote, wit: AYES : Councilmen Packard, Skotnicki, Anear and Councilwoman Casler ‘NOES : None ABSENT: None gkd&RJA RONALD C. PACKARD, Mayor ATTEST: 26 27 28 (seal) L C- 51- 78/79 Exhibit A to Resolution Nc ‘-1 4. ’ 0 0 -” 4k u .-- PISTOL FIRING RANGE AGREEMENT THIS AGREEMENT, made and entered into this 1st day of July 1978, - by and between State of California, through its duly elected or appointed, qualified and acting Fiscal Officer, Department of Californj Highway Patrol, hereinafter called the State, and Carlsbad Police Department 9 hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the covenants, conditions 9 agreements, and stipulations of the State hereii expressed, does hereby agree to furnish to the State services and mate: es follows: The Contractor hereby authorizes the Department of California Hig Patrol to use the pistol firing range owned and operated by the Contra subject to the following provisions: 1. The Contractor agrees that the State shall have the use of a1 facilities of the pistol range. 2. The use of said range by the State shall be limited to those members of the Department of California Highway Patrol permanently assigned to the Oceanside Area - 3. Contractor and State agree said shooting range shall be open useable by members of the Department of California Highway Patrol at s times that are mutually agreeable to both parties hereto. , 1 0 0 4. Contractor agrees that all facilities of the Contractor now located on the pistol range may be used by the State for training pro- grams without additional charge, provided that the time or times such facilities may be requested by the State are mutually agreeable to the parties hereto, and further that this article does not grant exclusive use of the contracted facilities for any time or times without mutual agreement of the parties hereto. 5. Either party hereto may terminate this agreement at any time during said term by giving written notice thereof to the other party a1 least thirty (30) days prior to the effective date of such termination No alteration or amendments shall be valid unless made in writing and signed by the parties hereof. 6. The parties hereto agree that empty cartridges resulting from Patrol members shooting will be the property of the Contractor 7. State agrees that members of the Department of California Hig Patrol will be subject to range safety rules established by the Contra and orders of the Contractm while exercising the privileges of this agreement. 8. This agreement will commence on the date of execution and ex1 . -- June 30, 1979 8 9. All notices herein provided to be given or which may be give] either party to the other shall be deemed to have been given when madl -2- 1 e 0 writing and deposited in the United States mail, registered and postage prepaid and addressed as follows : Carlsbad Police Department, 1200 Elrr , and to the Department of California Street, Carlsbad, CA Highway Patrol, Post Office Box 898, Sacramento, California 95804. Th address to which the notices shall or may be mailed as aforesaid to eit party shall be changed by written notice given by such party to the otb as herein provided, but nothing herein contained shall preclude the gik of such notice by personal service. 10. State agrees to pay contractor semi-annually in arrears upon receipt of an invoice from funds appropriated to the Department of Cali Highway Patrol and subject to the fiscal procedu:res of the State of California. The total amount of this agreement shall not exceed - Four Hundred Twenty Dollars ($420.00) 11. The parties hereto agree that the contractor, and any agents and employees of contractor, in the performance of this agreement, sha act in an independent capacity and not as officers or employees or age of State of California. 12. This agreement is not assignable by colntractor either in who or in part. -/ 13. The provisions of this agreement shall. extend to and be bind upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 14. The attached Form 3, Fair Employment Practices Addendum, is jncnmorated by reference and made a part hereof. 0 0 ** 15. The Department of Highway Patrol shall hold the City of Carlsbad, its governing body, the individual members thereof, and all its employees and officers free and harmless of and from any and all lossp damage, cost, expense or liability arisinc out of injury or death to persons, or damage to property, resultiny directly or indirectly in any way from the use or occupancy of the property or from the performance of work or services under this agreement, including the defense of any action arising therefrom. In the event that suit is brought upon this agreement to enforce the terms thereof, City shall be entitled to a reasonable sum as attorney's fees. CONTRACTOR Carlsbad Police Department BY TITLE ADDRESS 1200 Elm Avenue, Carlsbad, CA - STATE OF CALIFORNIA DEPARTMINT OF CALIFORNIA HIGKFJAY PATROL BY TITLE Fiscal Officer Support Item 157 Chapter Land & Bldg. - Rent 7/2412 Amount of Estimate $420.00 4. 0 0 .* CONTRACTOR Carlsbad Police Department BY TITLE ADDRESS 1200 Elm Street, Carlsbad, CA STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL BY TITLE Fiscal Officer Support Item 157 Chapter Land & Bldg - Rent 7/2412 Amount of Estimate $420.00 -,-/ , - 5- r -. as- . 0 * t FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against anyemployt or applicant for employment because of race, color, religion, ancestry, sex*, age*, nation origin, or physical handicap*. The Contractor will take affirmative action to ensure that appl cants are employed, and that employees are treated during employment, without regard to the race, color, religion, ancestry, sex*, age*, national origin, or physical handicap*. Such actic shall include, but not be limited to, the following: employment. upgrading, demotion or transfe pensation; and selection for training, including apprenticeship. The Contractor shall post conspicuous places, available to employees and applicants for employment, notices to be prc vided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his records of employment, employment advertisement! application forms, and other pertinent data and records by the State Fair Employment Practice Commission, or any other agency of the State of California designated by the awarding authorit: for the purposes of investigation to ascertain compliance with the Fair Employment Practice section of this contract. 3. Remedies for Willful Violatiion: recruitment or recruitment advertising; layoff or termination; rates of pay OT other forms of COY (a) The State may determine a i\.illful violation of the Fair Employment Practices pro- vision to have occurrelcl upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and deter- mined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b] For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. *See Labor Code Sections 1411 - 1432.5 for further details. , M!~I-~IJO 1a.w IWM D ow ’ STD. 3 (Rev. 11/7