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Resolution No. 4940 1 2 3 4 5 RESOLUTION NO. 4940 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON PARK AND THE CITY OF VERNON WHICH WOULD PROVIDE FOR THE USE OF THE VERNON POLICE FIRING RANGE FACILITY 6 WHEREAS, the Police Department of the City of Vernon 7 maintains a police firing range facility in the City Hall 8 facilities; and 9 WHEREAS, the Police Department of the City of Huntington 10 Park does not maintain a police firing range facility within 11 the City of Huntington Park; and 12 WHEREAS, the Huntington Park Police Department had 13 previously used the poli~e firing range facilities maintained 14 by the Los Angeles County Sheriff's Department; and 15 WHER~AS, the Los Angeles County Sheriff's Department 16 firing range facility is undergoing renovation and will be 17 unavailable for approximately twelve (12) weeks; and 18 WHEREAS, the City of Huntington Park has requested 19 permission for their officers to use the Vernon Police 20 Department's Firing Range Facility in order for said officers to 21 maintain their shooting qualifications; and 22 WHEREAS, the City of Vernon deems it to be in the 23 best interests of the Southeast Area and the City of Vernon to 24 permit Huntington Park's Police Officers to utilize the Vernon 25 Police Department's Firing Range Facility. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 27 THE CITY OF VERNON AS FOLLOWS: 28 SECTION 1: That the City Council of the City of Vernon 1 hereby finds and determines that the recitals contained 2 hereinabove are true and correct. 3 SECTION 2: That the City Council of the City of 4 Vernon does hereby authorize and permit the Huntington Park 5 Police Department to utilize the Vernon Police Department's 6 Firing Range Facility in accordance with the terms and 7 conditions of the Agreement which is attached hereto as Exhibit 8 "A" and incorporated herein as though fully set forth at length 9 and authorizes the Mayor and the City Clerk to execute said 10 Agreement for and on behalf of the City Council of the City 11 of Vernon. 12 SECTION 3: That the City Clerk of the City of Vernon 13 shall certify to the passage of this ReSolution and thereupon 14 and thereafter the same shall be in full force and effect. 15 APPROVED AND ADOPTED this 17th day of August, 1982. 16 17 18 19 20 21 22 23 24 25 26 27 28 I ~AA4U/q.~~Af/ OMA A. YBARRA, Mayor Pro Tem ATTEST: &-"'-<---~~ BRUCE V. MALKENHO ST, City Clerk . -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SSe I, BRUCE V. MALKENHORST, City Clerk of the City of Verno.n, do hereby certify that the foregoing Resolution, being Resolution No. 4940 I was duly adopted by the City Council of the City of Vernon, and was approved by the Mayor of sa.id City at a regular. meeting of the City Council held on Tuesday, August 17 , 1982. B~~~~ (SEAL) -3- 1 POLICE FIRING RANGE FACILITY AGREEMENT 2 3 THIS AGREE~mNT is made, entered into and exeouted in 4 duplicate originals, either copy of which may be considered 5 used as the original hereof for all purposes, and to be 6 performed in Vernon, California as of the 1st day of September, 7 1982 BY AND BETWEEN city of Vernon, a Municipal corporation (hereinafter referred to as "Vernon") 4305 Santa Fe Avenue Vernon, CA 90058 8 9 10 11 12 13 AND CITY OF HUNTINGTON PARK (hereinafter referred to as "Huntington Park") 6550 Miles Avenue Huntington Park, CA 90255 14 RECITALS 15 WHEREAS, Huntington Park has requested that its polioe 16 officers be permitted to utilize the Vernon Polioe Firing 17 Range Facility for a temporary period; and 18 WHEREAS, Vernon deems it to be in the best interests 19 of Vernon and the Southeast Area to permit Huntington Park 20 Police Offioers to use the Vernon Police Firing Range Facility. 21 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS 22 PROMISES AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO 23 AGREE AS FOLLOWS: 24 SECTION 1: That Huntington Park is hereby authorized 25 to use the Vernon Police Firing Range Facility at times mutually 26 convenient and to be established by the Police Chiefs of the 27 respeotive Cities. 28 SECTION 2: That Huntington Park will assume all costs EXHIBIT A'I 1 caused by the use of the firing range facility including the 2 cost of ammunition and will provide the appropriate personnel 3 in conformance with operating criteria to be determined by 4 mutual agreement between the respective Police Chiefs of each 5 City. 6 SECTION 3: HuntingtQn Park shall indemnify, defend 7 and hold harmless Vernon, its City Council members, officers, 8 employees and agents and each of them from and against any and 9 all claims, demands, liability, damages, or causes of action of 10 any kind, nature, or description (and all costs and expenses.. 11 incident thereto, including attorney's fees) for injuries to 12 persons or damage to property caused or claimed to have been 13 caused by reason of any act, action, neglect, omission, or 14 default on the part of Huntington Park or on the part of any 15 of its respective officers, employees, or agents or resulting 16 from or claim which resulted from Huntington Park's failure to 17 exercise proper care in the supervision of its employees by 18 utilizing the Vernon Police Firing Range Facility. 19 SECTION 4: Huntington Park agrees that its employees 20 will be performing duties within the course and scope of their 21 employment while utilizing the Vernon Police Firing Range 22 Facility and that Huntington Park shall be responsible and 23 liable for any and all claims made by any employees pursuant 24 to the Workers'Compensation Laws of the State of California. 25 SECTION 5: The effective date of this Agreement shall 26 be September 1, 1982. The term of this Agreement shall commence .27 on september 1, 1982 and shall continue thereafter until 28 terminated by either party upon ten (10) days written notice -2- .. ... 1 given to the other party. 2 IN WITNESS WHEREOF the pa17ties hereto have executed 3 this Contract, or caused it to be executed as of the day, month 4 and year first above written. 5 6 7 8 9 10 11 12 13 14 15 16 1'1 18 19 20 21 22 23 24 25 26 27 28 CITY OF VERNON By --/..P?~/L .~~ ~~s A. YB~RA, Mayor pro. Tern ATTEST: By BruceV. Malkenhorst, City Clerk CITY OF HUNTINGTON PARK By ATTEST: By APPROVED AS TO FORM: By David B. Brearley, City Attorney for the City of Vernon APPROVED AS TO FORM: By -3- POLICE FIRING RANGE .FACILITY AGREEMENT 2 3 THIS AGREEMENT is made, entered_nto and executed in 4 duplicate originals, either copy of which may be considered and 5 used as the original hereof for all purposes, and to be ~ performed in Vernon, California as of the 1st day of September, 7 1982 $ BY AND BETWEEN City of Vernon., a Municipal Corporation (hereinafter 9 referred to as '°Vernon" ) 4305 Santa Fe Avenue 10 Vernon, CA 90058 11 AND CITY OF HUNTINGTON PARK- (hereinafter referred to as 12 "Huntington Park") 6550 Miles Avenue 13 Huntington Park, CA 90255 14 RECITALS 15 WHEREAS, Huntington Park has requested that its police 16 officers be permitted to utilize the Vernon Police Firing 17 Range Facility for a temporary period; and 18 WHEREAS, Vernon deems it to be in the best interests 1J of Vernon and the Southeast Area to permit Huntington-Park. 20 Police Officers to use the Vernon Police Firing Range Facility. 21 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS 22 PROMISES AND CONDITIONS HEREINAFTER SET FORTH,. THE PARTIES HERETO 23 AGREE AS FOLLOWS: 24 SECTION l: That Huntington-Park is hereby authorized 25 to use the Vernon Police Firing Range Facility at times mutually 26 convenient and to be established by the Police Chiefs of the 27 respective Cities. 28 SECTION 2: That Huntington Park will assume all costs caused by the use of the firing range facility including the 2 .cost of ammunition and will provide the appropriate personnel 3 in conformance with operating criteria to be determined by 4 mutual agreement between the respective Police Chiefs of each 5 city. 6 SECTION 3: Huntington Park shall indemnify, defend 7 and hold harmless Vernon, its City Council members, officers, $ employees and agents and each of_ them from and .against any and J all claims, demands, liability, damages, or causes of action of 10 any kind, nature, o.r description (and all costs and expenses ' 11 incident thereto, including attorney's fees) for injuries to 12 persons or damage to property caused or claimed to have been 13 caused by reason of any act, action, neglect,-omission, or 14 default on the part of Huntington Park or on the part of any 15 of its respective officers, employees, or agents or resulting 16 from or claim which resulted from Huntington Park's failure to 17 exercise proper care in the supervision of its employees by 1$ utilizing the. Vernon Police Firing Range Facility. 19 SECTION 4: Huntington Park agrees that its employees 20 will be performing duties within the course and scope of their 21 employment while utilizing the'Vernon Police Firing Range 22 .Facility and that Huntington Park shall be responsible and 23 liable for .any and all claims made by any employees pursuant 24 to the Workers' Compensation-Laws of the State of California. 25 SECTION 5: The effective date of this Agreement shall 26 be September 1, 1982. The term of this Agreement shall commence ~27 on September 1, 1982 and shall continue thereafter until 2$ terminated by either party upon-ten (10) days written notice -2- 1 given to the other party. 2 IN WLTNESS WHEREOF the parties hereto have executed 3 -this Contract, or caused it to be executed as of the day, month 4 and year first above written. 5 . CITY OF VERNON 6 By 7 THOMAS A. YBA A, Mayor Pro Tem 8 TTEST: 9 By Bruce V. Malkenhorst, City Clerk ~1 Y2 CI OF HUNTINGTON PAR 13 By 14 HOMAS E. J SON MAYOR 15 TTEST: 16 BY 17 M R YN A. YETTE, CMC, CIT .CLERK 18 ~ APPROQVED A5 TO FO(RjM~ 2Q B Y ~Dt~-~' ~ r ~ fit. David B. Brearley,-City Attorney 21 for the City of Vernon 22 23 APPROVED AS TO FORM: 24 By 25 Elwayne E. Smith, City Attorney for the City of Huntington Park 26 27 28 _3_