HomeMy WebLinkAboutVan Dyne Sportsman's Club CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920)236-5115 FAX(920)236-5106
LETTER OF TRANSMITTAL
To: Van Dyne Sportsman's Club Date: September 23, 2013
584 E. Lone Elm Avenue Project: N/A
Van Dyne, WI 54979 From: Oshkosh City Attorney's Office
Re: Agreement to utilize shooting range
Attn:
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Copy of the Agreement for use of Van Dyne Sportsman's Club Shooting Ranee
These are being transmitted as indicated below:
❑ For Approval ❑ For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
Signed:
cc: City Clerk (original)
Oshkosh Police Department (copy)
City Attorney (copy)
AGREEMENT
RE: Use of Van Dyne Sportsman's Club Shooting
Range by Oshkosh Police Department.
THIS AGREEMENT made and entered into this 10th day of July,
2013, by and between the City of Oshkosh, Wisconsin, Police Department,
hereinafter called "Oshkosh Police Department" and Van Dyne Sportsman's Club,
hereinafter called "The Club", provides as follows:
SECTION A. PURPOSE
The purpose of this agreement is to incorporate the terms and
conditions under which The Club will permit the Oshkosh Police Department to
utilize its shooting range for training and target practice.
SECTION B. CONSIDERATION
The Oshkosh Police Department agrees to pay One Hundred
Dollars ($100.00) per half day to The Club for the use of the range and range
house.
SECTION C. FACILITIES
The Club is the owner of a facility which includes a clubhouse,
range house and outdoor pistol, rifle, skeet and trap ranges located at 584 East
Lone Elm Avenue, Van Dyne, Wisconsin. The Club is willing to permit the
Oshkosh Police Department to utilize this facility under the terms and conditions
hereinafter set forth.
SECTION D. OBLIGATIONS OF THE POLICE DEPARTMENT
The Oshkosh Police Department agrees as follows:
1. Use of Club Facilities
To use the facilities, which include the outdoor shooting
range and rangehouse in compliance with Club rules and in
accordance with generally accepted safety practices.
2. Outdoor Shooting Range
a. Upon receipt of advance notice, the Oshkosh Police
Department shall be permitted to use the outdoor shooting range, determined by
The Club.
b. To conduct its outdoor shooting range activities
between the hours of 12:00 P.M. and 4:00 P.M.
c. To prepare a schedule and program of proposed
outdoor shooting to take place at the range and submit same to the Club for prior
approval. The proposed schedule is requested to be submitted 14 days in
advance for approval.
3. Range House
To use the range house for classroom training and/or in
the event of inclement weather.
4. Weapons And Targets
a. To limit its use of weapons to handguns,
shotguns and rifles, avoiding the use of any fully automatic weapons at the
facilities.
b. To furnish, at its own expense, any targets to be
used by the Oshkosh Police Department, which, for purposes of this agreement,
may be of paper, wooden construction or other targets approved by The Club.
c. To replace any target frames and targets which it
may use at the facilities.
5. Safety Officer
a. To provide a safety/range officer from within the
Oshkosh Police Department who will be present whenever scheduled shooting
range activities are taking place pursuant to this agreement.
b. That said officer shall be a firearms instructor
certified as having completed the necessary training in accordance with the
standards required by the Oshkosh Police Department.
6. Hold Harmless/Insurance
Subject to any limitations contained in Secs. 893.80, 893.83,
345.05, and any similar statute, of the Wisconsin Statutes, the City of Oshkosh
agrees to hold The Club, its officers, officials, employees and agents harmless
from any and all liability, including claims, demands, losses, costs damages and
expenses of every kind and description (including death), or damages to person
or property arising out of the terms of this Agreement where such liability is
founded upon or grows out of the acts or omission of any of the City's officers,
employees, volunteers or agents while acting within the scope of their
employment.
The Club agrees to hold the City of Oshkosh, it officers,
officials, employees and agents harmless from any and all liability, including
claims, demands, losses, costs, damages and expenses of every kind and
description (including death), or damages to person or property arising out of the
terms of this Agreement where such liability is founded upon or grows out of the
acts or omission of any of the Club's officers, employees, volunterers or agents
while acting within the scope of their employment.
Nothing copntained within this agreement is intended to be a
waiver or estoppel of the ability of the contracting municipality or its insurer to rely
upon the limitations, defenses, and immunities contained within Wisconsin law,
including those contained within Wisconsin Statutes 893.80, 895.52, and 345.05
and that such damage limits, caps and immunities shall be used to govern all
disputes, contractual or otherwise, as they apply to the parties, their agents,
officers and employees. To the extent that limitation is available and enforceable,
the municipality or its insurer shall not be liable in indemnity or contribution for an
amount greater than the limits of liability for municipal claims established by
Wisconsin Law.
It is the intention of the parties to this Agreement that each
party shall be solely responsible for its own actions and activities and the actions
and activities of its own officers, employees and agents while acting within the
scope of their employment.
SECTION E. TERMINATION
This agreement may be terminated by either party upon sixty
(60) days advance written notice.
IN WITNESS WHEREOF, THE CITY OF OSHKOSH
has caused this agreement to be signed and sealed by Mark Rohl off, City Manager
Lynn Lorenson, City Attorney and Todd Wrage, Sergeant, Training
Division. The Club has caused this agreement to be signed and sealed by Greg
Courchene, President, Denny Sprague, Secretary and Richard Baier, Treasurer.
OSHKOSH POLICE DEPARTMENT
By:
_411 4t.404.. .A 1 /K-(.2._._. /evi.,e./t-€.-----
An q S/ op_&, 6 cP� 1-y alt r'te_ Mark A. Rohl o�f_,,ff.,, City Manager
ir •
Yi
_ef/mv 7 -ce-2_
A.k.L...ittipiat,..,
-' orenson, Ci y
/ ,-
Peggy A. Steeno, Director of Finance Attorney
c5"---' o d Wrage, SergefSt,
Training Division
THE CLUB
In Pr- -ence Of: By:
or\ ,
• , i
( g Coo - e, President
.,; (10 1 / / ,.......
AL4reimr...AJJE:41 L.... _ .d.er_....e. ‘-4t—ili"
/ i Denny : ague, ecr i-
�. , / 40 i / iit., \
4 Richard Baier, Treasurer