Title
Authorization to Enter into a License with the State of Arizona for Use of the Ben Avery Shooting Facility (Ordinance S-48633)
Description
Request to authorize the City Manager, or his designee, to enter into a license with the State of Arizona, by and through the Arizona Game and Fish Commission, for the Ben Avery Shooting Facility. Further request authorization for the City Controller to disburse all funds related to this item.
Further request the City Council to grant an exception pursuant to Phoenix Code 42-20 to authorize inclusion in the documents pertaining to this transaction of indemnification and assumption of liability provisions that otherwise would be prohibited by Phoenix Code 42-18, which is a necessary condition of the license.
Report
Summary
The City is currently licensing a portion of the Ben Avery Shooting Facility, under License Agreement 132558, for conducting employment related firearms training and qualifying police officers. The current 10-year license will expire June 30, 2022.
The City and the Arizona Game and Fish Commission will enter into a new license beginning July 1, 2022, for a five-year period with one, five-year option to renew. The annual fee of $30,000, plus applicable taxes is based on the City's average number of users over the prior three years multiplied by a daily fee of $8.00. The annual license fee will be recalculated every two and one-half years based on the average number of users over the prior three years and the current daily rate at the time of adjustment.
The State and City are self-insured governmental entities and will be responsible for their respective tort and property damage liabilities. The license may be canceled pursuant to A.R.S. 38-511, or upon 30-day written notice from either party. The license may contain other terms and conditions deemed necessary by the City.
Contract Term
The term is five years with one five-year option to renew.
Financial Impact
The annual license fee for the first year is $30,000, plus applicable taxes. Funds are available in the Police Department's budget.
Concurrence/Previous Council Action
Ordinance S-38335 adopted on Nov. 11, 2011, authorized License Agreement 132558.
Location
4044 W. Black Canyon Blvd.
Council District: 1
Department
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police and Finance departments.