HomeMy WebLinkAbout2021 CON County of San Diego - Firearms Training CenterIf
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LICENSE
SAID DIEGO REGIONAL FIREARMS TRAINING CENTER
This license agreement ("License") is entered into between the County of San Diego, a
political subdivision of the State of California ("County"), and the City of National City Police
Department ("Licensee").
RECITALS
A. County owns and maintains a training facility (defined as "Facility" in Section 1)
on County -owned property located at 440 Alta Road, San Diego, California.
B. Licensee is a public entity that desires permission for the use of the Facility,
C. The Director, Department ofGeneral Services ("Director"), finds that grant of a
license to Licensee for use of the Facility is in the public interest of promoting public safety and
use of the training facility by Licensee will not substantially conflict or interfere with the use of
the Facility by the County as the Licensee's use is non-exclusive.
D. County agrees to the use of the Facility and grants permission for use of the
training facility by Licensee upon the following terms and conditions.
LICENSE
1. Facility. The property subject to this License is located at 440 Alta Road, San
Diego, California and includes land for shooting ranges ("Range") and structures ("Training
Rooms") that comprise the "San Diego Regional Firearms Training Center" ("Facility"). The
Facility is further described in EXHIBIT "A" FACILITY IMF of this License.
2. Use. Licensee is hereby given a non-exclusive license to use the Facility for
meeting and training purposes only upon the terms and conditions contained in this License.
. Term. The term ("Term") of this License shall commence upon execution of this
License by the Director ("Commencement Date" ,and shall expire ten (10) years from the
Commencement Date unless earlier terminated by County or Licensee upon ten (10) days written
notice to the other party.
. Facility Reservations. Licensee shall request in writing specific days and specific
times for the use of the Facility at least ten (10) days prior to the date of requested use. Written
requests shall be e-mailed to the San Diego Regional Firearms Training Center at
rapgg_____.equest.otay@sdsherifforg or made by telephone at 619- 1- 5 or 619-661-2758.
County will provide a written confirmation of a reservation, provided the Facility is available for
use at the day and time requested. If the day and time requested is not available, notification will
be provided to the Licensee within three business days via e-mail or telephone. Licensee
agrees and understands that the Facility may be reserved only if the Facility is not in use by
1
[rev, 6/9/21]
County or other parties under a license with County and that reasonable accommodation of all
parties using the Facility is the desired objective. Reservations for Structured Training Events
(defined in EXHIBIT "C") will require additional information as described in EXHIBIT "C"
RULES AND REGULATIONS of this License.
. Fees. Licensee shall pay fees for use of the Facility as described in EXHIBIT "B"
FEE SCHEDULE of this License. County reserves the right to revise the fee schedule from time
to time during the Term. County shall provide ninety days written notice to Licensee of any
change to the fee schedule.
6. County Use of Facility. County reserves the right to use the Facility at all times
and to close the Facility during times of emergency or when needed for County activities.
7. Access. Licensee and Licensee's employees, guests and invitees shall not impede
the flow of vehicular traffic on, or restrict public access to or from, the Facility. Licensee shall
not interfere with County operations at the Facility. When on the Facility, Licensee and
Licensee's employees, guests and invitees shall drive only on established roadways and
driveways.
8. License. This License is not a lease, does not create or convey an easement and
does not convey any interest or estate in real property to Licensee. County may enter the Facility
covered by this License at any time during the Term.
9. Maintenance Cleanup and Repair. Licensee shall conduct Licensee's operations
in an orderly mariner and shall leave the Facility in as clean and good a condition as when
Licensee first entered the Facility pursuant to this License. If Licensee damages any County
property or facilities or incurs excessive cleanup of the Facility, Licensee shall promptly inform
the Range office and shall promptly reimburse County for the full costs that County incurs to
clean the Facility, repair the damage, or replace the damaged property.
10. Storage. Licensee shall not store or leave any personal property or equipment on
or in the Facility without obtaining the prior written consent of the Range office.
11. License on Site. Licensee shall have a copy of this License available at all times
when Licensee is using the Facility. Licensee shall show a copy of this License to County staff
upon request.
12. Compliance with Laws. Licensee shall comply with all federal, state and local
laws, statues, ordinances, rules or regulations, including all provisions of the Occupational Safety
and Health Act of 1979 ("Act") and all amendments to the Act, that apply to Licensee's use of
the Facility.
1. Rules and Regulations. Licensee shall comply with the rules and regulations for
the Facility attached as EXHIBIT "C" RULES AND REGULATIONS of this License.
14. Safety. Licensee shall comply with all applicable federal, state and local safety
2
[rev. 1 1 1 ]
regulations including the regulations attached as EXHIBIT "C" KULES AND REGULATIONS,
EXHIBIT "D" RANGE E SAFETY OFFICEROFFICEg QUALIFICATIONS and EXHIBIT "E" RANGE
SAFETY POLICY of this License.
15. Compliance_with Stormwater Laws. Licensee's use of the Facility is subject to all
present or future federal, state and local laws, statutes, regulations, ordinances, policies,
guidelines and orders ("Stormwater Laws") regarding the discharge of pollutants into the
stormwater conveyance system. As applicable to the Licensee's use of the Facilities, Licensee's
compliance with Stormwater Laws may include requirements for Licensee to develop, install,
implement and maintain pollution prevention measures, source control measures and Best
Management Practices ("MVPs"). BMPs can include operational practices, water or pollutant
management practices, physical site features, or devices to remove pollutants from stormwater,
to affect the flow of stormwater or to infiltrate stormwater to. the ground. BMPs applicable to
Licensee's use of the Facility may include a requirement that al.l materials, wastes or equipment
with the potential to pollute urban. runoff be stored in a manner that either prevents contact with
rainfall and stormwater, or contains contaminated runoff for treatment ent and disposal. Licensee is
required to and shall use, operate,maintain, develop, redevelop and retrofit the Facility, as
necessary, in accordance with Stormwater Laws restricting the discharge of non-stor water at or
from the Facility and Stormwater Laws requiring pollution prevention measures, source control
measures, or the installation or use of ;BMPs. Licensee shall develop, install, implement and/or
maintain at Licensee's sole cost and expense, any BMPs or similar pollution control devices
required by Stormwater Laws and any implementing regulations or guidance. Licensee
understands and acknowledges nowledges that the Stormwater Laws applicable to Licensee's use of the
Facility may be changed from time to time by federal, state and/or local authorities, and that
additional requirements may become applicable based on changes in Licensee's activities or
development or redevelopment by Licensee or County. Licensee shall conduct stormwater
training and perform regular stormwater self -inspections, and maintain records of all stormwater
training and self -inspections and provide all necessary documentation. to County upon request.
Licensee shall develop, install, implement, and maintain any additional BMPs and/or other
pollution control practices at the Facility at Licensee's sole expense. To the extent there is a
conflict between any federal, state or local law, Licensee shall comply with the more restrictive
provision. If County receives any fine or fines from any regulatory agency as a result of
Licensee's failure to comply with Stormwater Laws, Licensee shall reimburse County for the
entire amount of the fines.
16. Hazardous Substances. Licensee shall be solely responsible for fully complying
with all present or future federal, state and local laws, statutes, regulations, ordinances, policies,
guidelines and orders of any governmental entity regarding contaminated soils, hazardous
materials or environmental cleanup, regardless ofwhether or not the obligation to comply is an
obligation of the landowner. If any hazardous substance spills, leaks or is discharged from any
facility on the Facility, Licensee shall immediately make all repairs necessary to prevent further
spills, leaks or discharges and shall immediately clean up and promptly dispose ofthe spilled
hazardous substance and any soil contaminated by the spill. If Licensee fails to make the
required repairs, to clean up the spill or to properly dispose ofany contaminated inated soil, County
may after written notice to Licensee take all steps County deems necessary to make the
necessary repairs, to clean up the spill and to dispose of any contaminated soil. Licensee shall
3
[rev. 6/ 1 1 ]
reimburse County for the cost of all repair and cleanup work performed y County. Licensee
shall reimburse the County for the cost of any work, plus administrative expenses, within thirty
(30) days of receiving a bill for the work from the County. Licensee shall be solely responsible
for paying all fines, damages and penalties imposed by any governmental agency regarding the
production, storage, distribution, processing, handling, disposing, spilling, leaking or discharging
of any hazardous substance. Without limiting Licensee's indemnification obligations to County
under Section 18 and excluding material expended from ammunition or ordnance by Licensee
pursuant to the terms and conditions of this License, Licensee shall indemnify, defend, reimburse
and hold harmless County, its elected officials, officers, employees and agents from any and all
liability, claims, damages or injuries to any person, including injury to the County or any of
County's elected officials, officers, employees, agents, representatives, guests, licensees,
invitees, patrons, or of any other person, and all expenses of investigating and defending against
all liability, claims, damages or injuries, arising from or alleged to have arisen from or in
connection with the presence of hazardous substances, toxic materials or hazardous waste upon,
about or beneath the Facility or migrating to or from the Facility or arising in any manner out of
the violation of any governmental regulation pertaining to hazardous substances, toxic materials
or hazardous waste which condition exists after the execution of this License.
17. CountyCounty_Access. County, or County's representatives or agents, may enter the
Facility at any and all reasonable times during the Term of this License for the purpose of
determining whether Licensee is complying with the terms and conditions of this License, or for
any other purpose incidental to the rights of County.
18. - indemnification. County shall not be liable for, and Licensee shall defend and
indemnify County and County's elected officials, officers, employees and agents (collectively
"County Parties") against, any and all claims, demands, liability, judgments, awards, fines,
mechanics liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any
kind or character, including attorneys' fees and court costs (collectively "Claims"), related to this
License or Licensee's use of the Facility and arising either directly or indirectly from any act,
error, omission or negligence of Licensee or its contractors, agents, volunteers, servants or
employees, including, without limitation, Claims caused by the concurrent negligent act, error or
omission, whether active or passive, of County Parties. Licensee shall have no obligation,
however, to defend or indemnify County Parties from a Claim if it is determined by a court of
competent jurisdiction that the Claim was caused by the sole negligence or willful misconduct of
County Parties.
19. Insurance.
a. Selfiinsnrance. Licensee is fully self -insured for damage resulting from
liabilityof Licensee or anyof Licensee's agents or employees. Licensee's utilization of self-
insurance g
insurance shall not in any way limit liabilities assumed by Licensee under this License. If
Licensee ceases to be self -insured during the Term of this License, Licensee shall furnish to
County proof ofinsurance in form and amounts satisfactory to County. County's requirements
shall be reasonable, but shall be designed to insure protection from risks that exist at the time a
change in insurance is required.
b. Workers Compensation Insurance. Licensee shall provide Workers
4
[rev. /9/ 1 ]
a
Compensation insurance at Licensee's sole cost and expense. Licensee and its insurance carrier
shall not be entitled to recover any costs, settlements or expenses of Workers Compensation
claims arising out this License. If Licensee is a Federal Agency, the Federal Employees
Compensation Act (FECA) would be acceptable to County's Risk Management Division
regarding this coverage.
20. Accidents. If a death, serious personal injury or substantial property damage
occurs in connection with the performance of this License, Licensee shall immediately notify the
Sheriff s Communication Center at 58-565-5030. Licensee shall promptly submit to County a
written report, in any form required by County, of any accidents that occur in connection with
this License. The report must include the following information: (i) the name and address of the
injured or deceased p rson s ; (ii) the name, and address ofLicensee's liability insurance carrier;
and (iii) a detailed description of the accident and whether any of County's equipment, tools,
material or staff was involved.
21. Assignment. Licensee shall not assign or transfer any interest in this License.
22. Notices. Any notice, other than the Facility reservations described in Section 4 of
this License, that is required or permitted to be given pursuant to this License shall be written
and shall be effective i when personally delivered to the recipient or sent by facsimile
transmission, or (ii) on the third business day after being sent by the United States Postal Service,
postage prepaid and addressed to the party as follows:
If to County:
With a copy to:
If to Licensee:
Sheriff Weapons Training Unit
.440 Alta Road
San Diego, California 92154
County of San Diego
Department of General Services
Asset Management Division
5560 Overland Avenue
Suite 410
San Diego, California 92123
City ofNational City Police Department
Attention: Captain Graham Young
1200 National City Boulevard
National City, California 91950
Telephone Number: 619- 6- 514
Email: gyoung@nationalcityca.gov
If Licensee's contact information changes during the term of this License, Licensee shall
notify County in writing within five 5 business days of the change.
23. Entire Agreement. This License constitutes the entire agreement between County
5
[rev. 19/ 11
and Licensee with respect to the subject matter of this License, and all prior or contemporaneous
agreements, understandings and representations, oral or written, are superseded.
24. Interpretation. This License shall be governed by thelaws of the State of
California. However, the provisions ofthis License shall be strictly construed against Licensee.
25. Authority to Sign. Licensee represents and warrants that Licensee has full power
and authority to execute and fully perform Licensee's obligations under this License without the
need for any further action, and that the person executing this License on behalf of Licensee is
the duly designated agent of Licensee and is authorized to act on behalf of Licensee.
26. Business Days. The term "business days" as used in this License means any
calendar day other than a Saturday, Sunday, or official County holiday.
27. Exhibits. All exhibits referred to in this License are attached to this License and
incorporated into this License by reference.
28. Effective Date. County and Licensee have executed this License as of the day
and year written below. This License shall be effective as ofthe date of its execution by the
Director.
29. Counterparts; Electronic Transmittal} Electronic Si natures. This License may be
executed in counterparts, and County and Licensee agree that each counterpart shall constitute
one agreement binding on County and Licensee, notwithstanding that County and Licensee are
not signatory to an original or same counterpart. Executed counterparts of this License may be
transmitted electronically, and County and Licensee agree that each counterpart of a fully
executed License transmitted electronically via pdf attachment shall be binding as if the
signatures transmitted electronically were original signatures. This License may be executed
using electronic signatures, and County and Licensee agree that each electronic signature shall
have the same legal effect and enforceability as a manually executed signature to the extent
provided for in the Uniform Electronic Transactions Act codified in State of California Civil
Code Sections 1633.1 - 1633.17.
THE REMAINDER F THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
THE SIGNATURES ARE ON THE FOLLOWING PAGE.
6
[rev, /9/21]
SIGNATURES
Licensee:
City of National City
Police Department
By:
Braon, City Manager
Date:
7
County:
County of San Diego, a political
subdivision of the State of California
Marko Medved, P.E., CE [rector,
Department of General Se
[rev. 6/9/2 I I
EXHIBIT "A"
FACILITY ILLT MAP
Location Map
EXHIBIT "A"
FACILITY MAP
Site Map
Otaf Regional
Fla
oi
East Mesa Weapons
Fat/
Noise Buffer* 0 'L123
F
I
101 f-0237-A
4
San Diego Regional
Firearms Training Canter
RP Parcel No. 2017-0237-A
*East Me
Mesa
GA /
Geo eyEast
Mesa 0
Facility
PRIVATE RD
A-2
EXHIBIT "A"
FACILITY MAP
Site Plan
•
•
•
a
EXHIBIT "B"
FEE SCHEDULE,
SAN DIEGO REGIONAL FIREARMS TRAINING CENTER EFFECTIVE 12/04/2017
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$200.00
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$300.00
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Range 4
ranges
$200.00
$300.00
Range 5
200-yard Rifle
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$200.00
$300.00
** Night
Monday
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to
Friday
Hours Premium (16:30 - 21:30
by appointment only)_
$300.00
N/A
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$100.00
$150.00
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$100.00
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$150.00
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$100.00
$150.00
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$100.00
$150.00
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$100.00
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No charge
Revised 12/04/2017
EXHIBIT "C"
RULES AND REGULATIONS
Use of the Facility falls into two categories: (I) "Open Shooting" (individual shooting)
and (ii) "Structured Training Events" (group training). The use of the Facility is subject to the
rules and regulations below, which is subject to change during the Term of this License. Any
changes will be communicated by County personnel at the Range office at the time when
appointments are made and/or at check -in for Range use.
Open Shooting
Open Shooting is designed to allow law enforcement officers the opportunity to train
individually. The officer must adhere to the following protocols when using the Range. Failure
to adhere to the protocols may result in loss ofRange privileges and notification of the loss of
shooting range privileges to the officer's employer. If more than three individual Open Shooters
of Licensee use the Range at the same time, the use will be categorized as a group and shall
require payment of Structured Training Reservation ervation fees.
1. The officer shall report to the Range office prior to shooting.
2. The officer shall read and acknowledge the Range safety rules.
3. All firearms being used during training shall be listed on the sign -in log.
4. The officer may be required to provide eye and ear protection and tape at the time of
check -in.
5. Open shooting shall only be conducted on the Range designated by the Range office.
6. Only stationery, presented targets shall be used.
7. Theof cer shall provide cardboard target backing.
8. No steel shooting is allowed without prior coordination with the Range office and
approval from the Sheriffs Weapons Training Lieutenant.
9. No automatic firearms shall be fired during open shooting without prior coordination
with the Range office and approval from the Sheriffs Weapons Training Lieutenant.
10. The officer shall check out with the Range office prior to leaving the Facility.
11. All damage and injuries must be reported to Range office at the time of check out and
reported pursuant to Section 22 of this License.
12. Licensee and its employees, guests, and invitees shall not clean weapons at the Facility
using solvents or other hazardous substances. The Facility does not provide disposal of
rags or other materials used for cleaning weapons. Pursuant to Section 16 of this license,
the Licensee is responsible for fully complying with all federal, state, and local laws
pertaining to hazardous substances.
Structured Training.- Events
To reserve a Range or use a Training Room for a Structured Training Event, the requesting
agency must:
I. Contact the Facility's scheduling office to check availability at 6I9-6 1-2 or 619-
661-2758.
2. Submit a request via email at rangerequesL tay@sdsheri forg or to 619-6 1-2 or
619-661-2758 a minimum of two weeks prior to requested date. The written request
must include the following information:
a. Name of the Range Safety Officer (defined in EXHIBIT "D") who will oversee
the training.
b. Identification of the Range or Training Room being requested.
c. Date and time of requested use and number of trainees.
d. Synopsis of the course of fire or nature of training or event being conducted.
e. Types of firearms and ammunition to e used.
f. Indication if automatic weapons are to be used. This must be approved by Range
office prior to the training.
3. Confirm that that Range Safety Officer that will oversee the training meets the
qualifications listed in EXHIBIT "D" RANGE SAFETY OFFICER QUALIFICATIONS.
. The Range Safety Officer shall conduct a pre -use inspection of thFacility. Any
maintenance discrepancy should be brought to the attention of the Range office prior to
use.
5. The Range Safety Officer, at the conclusion of training, shall sign out at the Range office.
Any damage or injuries shall be reported prior to leaving the Facility out and reported
pursuant to Section 22 ofthis License.
EXHIBIT "D"
RANGE SAFETY OFFICER OVALIFICATIONS
Any agency wanting to schedule the use of a Range at the Facility for a Structured Training
Activity shall:
1. Be a law enforcement agency r military entity authorized to use the Facility.
2. Have a "Range Safety Officer" who has completed a "Police Officer Standards and
Training" [POST] approved firearms instructor certification course or equivalent.
3. Submit a letter indicating the certification course attended by the Range Safety Officer
and the date of the certification.
4. Have the Range Safety Officer attend an annual update course or review ofu dated
Facility policy as dictated by the Sheriff's "Range Master".
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EXHIBIT "E"
RANGE SAFETY POLICY
It is the responsibility of the Sheriff's Range Master, Facility staff and the Licensee's
Range Safety Officer to ensure a safe training environment by enforcing and obeying the
following safety guidelines:
General Safety Rules
1. Safety is everyone's responsibility.
2. Authorization to use the Facility is restricted to law enforcement and military personnel
only.
. Civilian guests, accompanied by a law enforcement/military host, may use the Facility.
However, this use must be scheduled in advance and supervised by Weapons Training
Unit staff.
4. Signing in and out at the Range office is mandatory.
5. No person under the age of 18 will be allowed on the facility without prior authorization
of Range office.
6. Any person displaying symptoms of intoxication will not be allowed at the Facility. Any
person using prescription drugs must report this to the Range Safety Officer or Facility
staff prior to using the Range. If the individual's sobriety or ability to operate weapons
safely is questionable, Facility staff will reserve the right to deny access to the Facility.
The individual will be released to a competent guardian and shall leave the Facility.
7. Smoking ing is not allowed at the Facility.
. Individuals using the Range are restricted to a 9-minute use period when other personnel
are waiting to use the Range.
9. Aiming, discharging and all loading and unloading of weapons must be done on the firing
line of the Range and not in the parking area of the Facility, with the firearm pointed in a
safe direction (down range).
10. Automatic firearms will be fired only during supervised training and only after notifying
Range office.
11. Use of eye and ear protection is required of all personnel while shooting is in progress.
12. All expended ammunition casings and trash will be cleared from the Range following
use.
13. Pursuant to Section 9 and Section 22 of this license, all damage must be promptly
reported to the Range office.
14. All injuries must be reported to the Range office immediately. Any response to medical
emergencies shall be in compliance with the "Medical Response Procedures" set forth in
the San Diego County Regional Firearms Training Center Policy & Procedures Manual.
15. No ammunition is allowed in firearms cleaning areas.
16. No diversionary devises (flash bangs) are allowed at the Facility, unless authorized in
advance by Facility staff.
17. No chemical agents may be used at any time.
18. No walking is allowed on any dirt impact area or protective berms at any time.
19. No dogs are allowed at the Facility, unless they are enclosed/secured within a law
enforcement vehicle. Dogs shall not leave a vehicle while at the Facility. No "breaking"
ing"
of dog will be allowed at the Facility.
20. All vehicles will be driven in a safe and reasonable manner not to exceed 15 miles per
hour.
In addition to the general safety rules, the following rules apply,to the use ofthe specified
ranges:
Range One (Combat Range)
1. Steel target systems are to be used only after being approved by the Range office. Firing
only at authorized targets is allowed.
2. Vehicles may be brought onto the range for training purposes upon prior approval ofthe
Range office.
3. Use of eye and ear protection is mandatory for all personnel while shooting is in progress.
A baseball -style cap is recommended.
4. At no time shall a shooter fire at steel targets closer than 10-yards and the shooters must
be as close to a -degree angle to the target as possible, to avoid damage and deflection.
Range Lvo._Range Three, Range Four (Pistol Ranges)
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1. Rifle training is permitted only in a semiautomatic mode. No firing at moving targets or
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shooting on the move is allowed. No caliber greater than .223 is allowed on any pistol
range.
2. No steel target systems are allowed.
. No vehicles are allowed on the Range.
. Automatic fire (controlled), unless otherwise authorized, will be conducted within 15
yards of the targets.
Range Five (Rifle Range)
1. All targets will be posted at the 200-yard target system. The 1 o-yard system shall not be
used.
2. No vehicles are allowed on the Range.
. No steel target systems are allowed.
4. Only firing at authorized targets is allowed.
. Automatic fire (controlled), unless otherwise authorized, will be conducted within 25
yards of the targets.