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58R-4401 -- RESOLUT ION NO. 44C 1. - A RESOLUTION OF TH2 CITY COill~CIL OF THE CITY OF ANAHEIM APPROVING Ai'lID AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ORANGE COillJTY PEACE O?FICERS ASSOCIAT ION, INC., RELATING TO THE USE OF ITS TARGET RANGE. VfHER2AS, the City Council of the City of Anaheim dId heretDfore enter into an agreement with the Orange County Peace Officers Association, Inc. for the use of the AssocIation's tnrget range for the trainIng of Anaheim ficlice officprs; and 'NH2R2AS, the number )f officers llsing said range has increased to 65 officzrs; and 'NHEEcAS, it is deemed advisable by the City Council and the offlc~rs of the Orange County Peace Officers Associa- tion, Inc. to amend the contract heretofore entered into so as to include 65 officers, and t) mat,e certain other minor amendments to the agreement; and '.'lHcE2AS, It is deemed advisable to execute a new agreement to be effective as of the 2nd day of March, 1958, sLlbodying the pr)visions 0': the old agreement and the amend- ments agreed upon, a copy of said proposed new contract being attache.:' hereto and made a part hereof. nON, THEREFOR':::, Eli. i1 lESOLVED by the Ci ty Counci 1 of the City of _\naheim that the agreement heretofore made and ent8red into by and between the City of Anaheim and Orange County Peace Officers AssocIation, Inc. be amended and a new contract entered intD ~ith said Orange County Peace Officers Association, Inc. ~VSll the terms and conditions set forth ii, that cc.'rtain agreelnenL dat3d :Jarch 11, 1958, this day sub- mitted to the City Council, a copy of whkh contract is at- tached ;l(~r8to and marl 3. part :iereof; and that the !!Iayor and City Cl,?rl~ be, an~ they ar~ hersby, autha:ized aIld directed to executE; :oal: a:;r c:lle"L fa!' and on behalf of the City of ./\.nab'~ i ~~:. THE :DH:::GOING ItESOLUTION is approved and signed by Ll,~' this 11 th day of ~.larch, 1955. ~? ").~ (.... Af~4..P=A'-~ MAYOh OF THE CITY OF ANAHEIM. ~....-" ll'b{ /y;;<~~ CITY CLERE OF THE CITY OF ANAHE m. AGREEMENT --------- - THIS AGREEMENT, entered into between City of Anaheim California, herein called USER, and the ORANGE COUNTY PEACE OFFICERS ASSOCIATION, INC., A Corporation, herein called ASSOCIATION. WIT N E SSE T H: WHEREAS, ASSOCIATION has a target range at its training center located on Struck Avenue just east of the Santa Ana River, in the County of Orange, State of California, which is open for the training of Peace Officers and other approved groups; and WHEREAS, USER desires that certain of its employees have regular training in firearms use at said range; NOW, THEREFORE, in consideration of the obligations herein contained, it is agreed by and between the parties hereto that: FIRST: This Agreement shall take effect on the 2nd day of March, 1958, and shall continue in effect for a period of one year, the period for which the Range Fee payment has been made, and shall be renewed without the necessity for entering into a new Agreement for further periods of one year at a time on the same terms and conditions excepting that the number of men may be changed by written notice, stating the new number and the names of the men authorized by USER to train on said range, and the amount of ammunition each man is authorized to draw, and by payment of the annual Range Fee for such new number in advance, as hereinbelow, in Paragraph SECOND provided for. In event of change in employment status of any of the men authorized to so train, USER may substitute a different man by giving ASSOCIATION written notice of the new name, the name to be deleted, and the nature of the change in employment status. -1- .- SECOND: USER desires that Sixty Five men shall rire regularly on said range and agrees to pay the annual fee of Twelve Dollars ($12.00) per man, to-wit, the sum of Seven Hundred Eighty Dollars ($780.00) for said men, in advance, as the Range Fee for one year. If USER desires to increase this number or men during the prepaid one year, it agrees to pay in advance an amount computed on the basis of One Dollar ($1.00) per month, or fraction thereof, for each additional man authorized to use said range, for each month remaining in said one-year period for which the current Range Fee payment was made, and to deliver written notice of the name of each new man to ASSOCIATION. THIRD: ASSOCIATION will make every reasonable effort to keep reloaded ammunition on hand for use on said range and will sell same to USER at the cost of Two and Six-Tenths Cents ($0.026) per round. Within the limits of availability, USER may purchase as many rounds as it desires ror use on the range. ASSOCIATION agrees, except when components or labor are unavail- able, to have for sale forty (40) rounds per week for each man authorized by USER to use at the range, and will endeavor to maintain additional supplies for sale to USER or to the indi- vidual employees. It is understood that said ammunition must be used on the range and the empty cases must be turned in to the Range Master. ASSOCIATION will exercise care in reloading of ammunition but will not be responsible for damage caused by the use of the same. FOURTH: USER agrees to furnish a list of names of the men authorized by it to shoot on said range and paid for in advance. Such men may use said range during any of the hours while it is open, and as many times per week as they desire. Ammunition will be fUrnished only in an amount authorized in advance by USER or paid for in cash at the time of delivery. -2- ,~' ASSOCIATION reserves the right to refuse to issue any ammunition under USER authorization until USER has furnished a list of names of the men authorized by it to shoot on said range. FIFTH: ASSOCIATION will provide the use of its target range, supervised by a competent Range Master, together with all targets used, will keep records of each man who fires on said range, and will report the scores to Chief of Police or designated agent of USER at the end of each month. ASSOCIATION reserves the right to prohibit the use of any gun or ammunition on said target range that its Range Master considers to be unsare. SIXTH: ASSOCIATION will keep said target range open for the use of USER'S employees, unless inclement weather, damage to equipment or disaster in the area makes operation impractical, from 9 A.M. to 4 P.M. daily, excepting Mondays, Tuesdays, New Year's Day, Thanksgiving, Easter Sunday, and Christmas. It is understood that ASSOCIATION may close said range for necessary repairs, improvement, alteration or enlargement as determined by the Range Committee and the Board of Directors of said ASSOCI- ATION; that in event said range is so closed, prior notice will be given to the Chier of Police or effected Department head of USER, and the period covered by the Range Fee payment herein provided ror will be extended without additional cost to USER for a period equal to the number of shooting days during which such range is so closed. SEVENTH: Either party may terminate this Agreement by giving written notice to the other party of intention so to do 30 days prior to the end of any annual Range Fee period. Since the cost or ammunition components have been increasing rapidly and may continue so to do, ASSOCIATION reserves the right during the term of this Agreement to increase the price charged for .- -3- ammunition, when in the opinion of the Range Committee such action ,- becomes necessary. by giving 30 days written notice of said change in price, stating the new cost per round, and by sending an additional copy of said notice to the Chief of Police. or effected Department head of USER. EIGHTH: Any notice provided for herein may be given by depositing the same in the United States Mail, with postage thereon prepaid, addressed, in the case of lJSER to the address given below, and in the case of ASSOCIATION, addressed to Range Committee, 14682 Struck Avenue, Orange, California, or by delivering the same personally to such addressee, or to the ASSOCIATION'S Range Master. DATED this 11th day of March, 1958. City of Anaheim USER By ORA~GE COUNTY PEACE OFFICERS ASSOCIATION, INC. Mayor Title By Title By Cit~ Clerk itle By Title (Type) Designated Agent Address for giving notice .^~ -4- ,,..-.... ST~rE OF CALIFO~NIA ) COUNTY OF ORANGE ) ss. CITY OF ~~AHEIM ) I, DENE M. WILLIAMS, City Clerk of the Gity of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 11th day of March, 1958, by the following vote: AYES: COUNCI~lliN: Pearson, Coons, Fry, Schutte and Wisser i~OES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 11th day of March, 1958. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this lith day of March, 1958. · ~~L ht /~~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) ....-.