HomeMy WebLinkAboutUNITED STATES OF AMERICA - CUSTOMS SERVICE 1 - 2002P
City of Santa Ana
.'� Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect.
Return form to the Clerk of the Council Office (M -30).
Call 647 -6520 if you have any questions.
COTC Office Use Only
MAIR 30 PM 3: 57
OF SANTA
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The agreement with vs- e u-r w s, �
No. Ali "07-,--003 ` was completed on c/� U and final payment has been made.
(List all amendments. Use space below If needed.)
-�% Department: Police De artment
Phone /Ext.: 714 T 800
Signature:
Date:(
Revised 08 -23 -10
N- 2002 -003
0
AGREEMENT BETWEEN THE CITY OF SANTA ANA 02--
ol All V° AND THE UNITED STATES CUSTOMS SERVICE
FOR USE OF THE SANTA ANA
POLICE DEPARTMENT SHOOTING FACILITY
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This Agreement is made and entered into on the ( y and between the,
C', ?D United States Customs Service, Office of Investigation (hereinafter referred to as the U.S.
1�14 CUSTOMS ) and the City of Santa Ana, a Municipal Corporation and Charter City,
(hereinafter
referred to as "Santa Ana ").
RECITALS
1. Santa Ana has constructed and operates a police pistol range located on its
property at 60 Civic Center Drive, Santa Ana California, (hereinafter referred to
as "the Facility"); and
2. Santa Ana has employees responsible for management and operation of the
Facility (hereinafter referred to as "Santa Ana Rangemasters "); and
3. Santa Ana has promulgated certain rules and regulations (See EXHIBIT "A" and
`B "), concerning safety, hours of operation and use of the Facility; and
4. The U.S. CUSTOMS desires to enter into an Agreement with Santa Ana
permitting the U.S. CUSTOMS to use the Facility.
COVENANTS
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. This Agreement shall commence on the date first entered above and terminate on
September 30, 2002. This Agreement may be extended for two additional twelve
month periods upon a writing signed by the Chief of Police and the City Attorney,
for Santa Ana, and by the Special Agent in Charge, for U.S. CUSTOMS.
2. Santa Ana agrees to allow those officers, employees and agents of the U.S.
CUSTOMS who are authorized by the U.S. CUSTOMS to use the Facility as
specified in this Agreement.
3. The U.S. CUSTOMS agrees to provide Santa Ana with a list of all U.S.
CUSTOMS officers, employees, and agents authorized to use the Facility. Only
those persons specified on the authorization list may use the Facility. Additions to
or deletions from the authorization list shall be provided to Santa Ana on a monthly
basis. The U.S. CUSTOMS shall take all reasonable measures to assure that only
those persons specified on the authorization list shall be permitted to use the
Facility. The authorization list is for informational purposes only and Santa Ana
shall have no obligation to screen or to otherwise evaluate the qualifications, other
than for safety, of those persons authorized to use the Facility. All screening
procedures to qualify those who use the Facility shall be the sole responsibility of
the U.S. CUSTOMS. The U.S. CUSTOMS further agrees to provide Santa Ana
with immediate notification of an employee's removal from the authorization list.
4. All officers, employees and agents of the U.S. CUSTOMS who use the Facility,
shall strictly comply with the rules and regulations attached hereto as Exhibits "A"
and "B" (including any amendments to Exhibits "A" or `B "), and any other order
or directive of Santa Ana. Santa Ana shall supply the U.S. CUSTOMS with a
copy of all rules, regulations and amendments which are not included in Exhibits A
or B.
5. Unless otherwise agreed, the U.S. CUSTOMS shall provide a Contract Agency
Rangemaster, (hereinafter referred to as "CAR ") to supervise the range operation
and conduct firearms training as required.
6. The Santa Ana Rangemaster may close the Facility at any time for any purpose.
The Santa Ana Rangemaster may exclude any person from using the Facility for
violating any rules and regulations relating to safety. Santa Ana reserves the
exclusive right to determine the Facility's hours of operation. The U.S. CUSTOMS
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may, upon prior approval of the Santa Ana Rangemaster, use the Facility outside
the hours of operation providing there is no conflict with other agency use of the
Facility.
7. The U.S. CUSTOMS agrees to pay $25.00 per hour with a minimum of two hours
for exclusive use of one of the range facilities. The U.S. CUSTOMS agrees to
cancel any previously scheduled Facility use at least 24 hours before the scheduled
date. If previously scheduled Facility time is not cancelled at least 24 hours prior,
the U.S. CUSTOMS, agrees to pay a $50.00 fee to pay the costs associated with
having a Rangemaster present and making the Facility ready and available for use.
Santa Ana reserves the right to adjust any fees, upon 35 days prior written notice,
as necessary to cover any increased cost related to the use of the Facility. Any fee
increase shall not be greater than any increase that may be imposed upon any other
agency authorized to use the Facility.
8. Santa Ana shall supply targets, eye and ear protection, and a weapon cleaning area
only to the U.S. CUSTOMS users of the Facility.
9. Santa Ana shall submit a monthly invoice to the U.S. CUSTOMS and the U.S.
CUSTOMS agrees to make prompt payment of the invoice in accordance with
Federal Acquisition Regulations section 52.232 -25.
10. Santa Ana shall not be liable for any loss, damage or injury of any kind whatsoever
to the U.S. CUSTOMS, its property, or to any of its officers, employees, agents,
guests or invitees, or any other person, caused by any use of the Facility, or by any
defect in any building, structure or any other improvement at the Facility or arising
from any accident on the premises. The U.S. CUSTOMS waives, all claims and
demands against Santa Ana for any such loss, damage, or injury. The U.S.
CUSTOMS agrees to release and save harmless the City of Santa Ana, its officers,
employees, agents and assigns from any and all causes of action for damages
sustained to property or for personal injury to persons as a direct result of any
negligence resulting from the use of the property, or receipt of services, by U.S.
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CUSTOMS employees for which the Federal Government would be liable under
the provisions of the Federal Tort Claims Act, 28 U.S.C. 2672 -2680 and in
compliance with the limits of the Anti- Deficiency Act, 31 U.S.C. 1341. The costs
of fees and expenses for any and all causes of action, other than cases sounding in
tort, relating to U.S. CUSTOMS use of the range pursuant to this Agreement shall
be governed under the provisions of the Equal Access to Justice Act, 28 U.S.C.
2412.
11. The U.S. CUSTOMS agrees and represents that all of its officers, employees,
agents, or other personnel that may utilize the Facility are doing so within the
course and scope of their duties as an employee, officer, or agent of the U.S.
CUSTOMS and are in no way employees of Santa Ana. Should any officer,
employee, agent or other personnel of the U.S. CUSTOMS submit a claim for any
injury or damages relating to the use of the Facility, the U.S. CUSTOMS agrees to
indemnify Santa Ana to the extent allowed by applicable Federal law, except that
the U.S. CUSTOMS shall not indemnify Santa Ana for any loss, damage, injury, or
claim arising from the willful acts or negligence of Santa Ana, its officers,
employees or agents.
12. Either party may terminate this Agreement at anytime, without cause upon 30 days
prior written notice.
13. Any notice, demand or other communication pursuant to this Agreement shall be in
writing and shall be deemed properly given if delivered in person or mailed by first
class or certified mail, postage prepaid, or sent by telefacsimile in the manner
provided in this Section, to the following persons:
To Santa Ana: To U.S. CUSTOMS
Office of the Special Agent in Charge
501 W. Ocean Blvd., Rm 7200
Long Beach, CA 90802 -4213
Telefacsimile (562) 590 -9604
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t
If sent by mail, any notice shall be effective three (3) days after it has been
deposited in the United States mail with postage prepaid. If sent by telefacsimile,
notice shall be effective twenty -four (24) hours after the time set forth on the
transmission report issued by the transmitting facsimile machine. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
14. The persons executing this Agreement on behalf of the U.S. CUSTOMS and Santa
Ana warrant that (i) they are duly authorized to execute and deliver this
Agreement, (ii) formally bound to the provisions of this Agreement, and (iii) the
entering into this Agreement does not violate any provisions of any other
agreement to which the party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
by their authorized representatives.
DATED: = —6 3 —0 a.
CITY OF SANTA ANA
DAVID REAM, City Manager
ATT T:
City Clerk
APPROVED AS TO FORM:
i
Laura Sheedy, Assistant City Attorney
Igo
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THE U.S. CUSTOMS SERVICE
(_jName)
(Title)
EXHIBIT "A"
To Pistol Range Agreement
1. REGULATIONS FOR USE OF THE SANTA ANA POLICE DEPARTMENT
SHOOTING RANGES BY U.S. CUSTOMS PERSONNEL.
a. All U.S. CUSTOMS personnel shall sign -in prior to using the facility.
b. All U.S. CUSTOMS personnel shall be authorized to use the facility under the following
conditions:
The U.S. CUSTOMS must provide a CAR Rangemaster to supervise and conduct all
firearms training.
All U.S. CUSTOMS personnel are restricted to the area in and around the range facility.
c. Facility hours will be by mutual consent and arranged at least 72 hours prior to use
(exceptions can be made by Santa Ana Police Department Rangemaster).
d. Parking is limited and the U.S. CUSTOMS personnel must either park off the facility or
arrange to pool using a U.S. CUSTOMS vehicle. U.S. CUSTOMS vehicles allowed into
the facility may only park adjacent to the gas pumps in a parking slot approved by the
Santa Ana Rangemaster.
e. All U.S. CUSTOMS personnel who come to the Facility by vehicle shall enter through
the 6`h Street Gate.
f. All U.S. CUSTOMS personnel who come to the Facility by any other means shall enter
through the Police Facility main entrance and be escorted to the Range.
g. All U.S. CUSTOMS personnel who are not in uniform shall wear a visible police badge
or I.D. card at all times while in the Police Facility.
2. CONTRACT RANGE OPERATION CONDITIONS
a. A Santa Ana Police Department Santa Ana Rangemaster will be present during all
operations of the Facility and will have ultimate range authority over all users.
b. Santa Ana Police Department Rangemasters may provide remediation of marksmanship
related shooting problems as needed if desired, and as time permits.
c. Santa Ana Police Department shall approve all ammunition used on the Facility prior to it
being fired. No centerfire rifle caliber ammunition shall be permitted.
d. Santa Ana Police Department may supply targets.
e. Santa Ana Police Department will supply ear and eye protection.
f. Santa Ana Police Department will supply weapon - cleaning facilities.
g. Santa Ana Police Department may provide secure storage for U.S. CUSTOMS
ammunition and cleaning supplies.
h. It shall be the responsibility of the CAR to ensure all weapons used at the facility are safe
and in serviceable condition.
3. DEPARTMENT POLICIES
All U.S. CUSTOMS personnel shall comply with all applicable provisions of the City of Santa
Ana Police Department Firing Range Safety Policy attached hereto as Exhibit `B" and all
subsequent amendments.
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EXHIBIT `°B"
to Pistol Range Facility Agreement
FIRING RANGE SAFETY, POLICY AND PROCEDURES
PURPOSE
The purpose of this memorandum is to institute policy and procedural guidelines for the use of
the Santa Ana Police Shooting Ranges. Additionally, it establishes the following:
Provides for the highest level of safety and protection for all users of the Santa
Ana Shooting Ranges; and
I Furnish a safe environment to allow for a professional training experience.
DEPARTMENT POLICIES
All personnel shall comply with all applicable provisions of the City of Santa Ana Police
Department Firing Range Safety Policy as outlined herein and attached hereto as Exhibit "A" and all
subsequent amendments. The following policy is established for use of the Firing Facility:
1. A Santa Ana Rangemaster will be physically present at the Facility at all times.
The Santa Ana Rangemaster will brief and sign -out the Facility to the agency
CAR who will be responsible for the training session and Facility property. At the
completion of training the Santa Ana Rangemaster will inspect the Facility for
cleanliness and serviceability in the presence of the CAR noting any significant
new damage to any equipment or Facility property. Santa Ana will also:
a. Provide ear and eye protection.
b. Provide appropriate paper targets for the Caswell Cas -rail target
retrieval system.
C. Provide the outside agency with a secure ammunition storage area.
d. Provide the outside agency the use of a weapons cleaning room
and secure storage for cleaning equipment.
e. Approve all outside agency courses of fire before shooting. Once
approved, no deviation from the approved course will be
authorized without prior approval.
f May provide a Santa Ana Rangemaster to supervise the operation
of the Facility when outside agencies do not have a CAR, and have
made additional contractual agreements to train in the Facility.
Shooters so authorized can only shoot a course of fire, which has
been approved by their agency and that, can be fired from the static
firing positions. Supervision will be limited to ensuring
compliance with procedures, policy, and safety. Shooters in this
category will not normally be allowed to train forward of the firing
line.
g. Provide a list of rules and regulations to outside agencies
concerning the safety and operation of the Facility complex.
h. Require a minimum of 24- hour notice of cancellation of range
training in order not to forfeit Facility fees.
i. Establish a point of contact for each agency for the purpose of
coordination concerning the Facility scheduling, parking and
access control.
RANGE OPERATION
The Facility shall be operated in accordance with the following:
1. The Santa Ana Rangemaster shall have the sole authority on the Facility and is
responsible for its safe and efficient operation.
2. All persons entering the Facility shall follow the directions of the Santa Ana
Rangemaster and shall adhere to the posted rules.
3. The SAPD Rangemasters Office, SAPD Ammunition Storage Room, and the
Weapons Repair Room are strictly off - limits to unauthorized personnel for
security and safety reasons.
4. The Facility is for the use of the Santa Ana Police Department Officers, Reserves,
contract agencies, and others as approved by the Chief of Police, Administration
and Support Captain or the Training Commander.
5. The Facility shall only be used under the supervision of an approved Santa Ana
Rangemaster, or another qualified instructor as approved in writing by the
Training Commander.
6. The Facility is available, by appointment with the Santa Ana Rangemaster, for
retired Santa Ana Police Department officers to comply with Penal Code
provisions for CCW permits.
All weapons cleaning will he carried out in the designated cleaning rooms.
8. No unsafe practices will be tolerated. Weapons shall be cleared and checked,
using the firing lines under the supervision of an approved rangemaster, or the
weapon - clearing barrel before cleaning. The loading/unloading of firearms shall
only be carried out using one of the safety barrels located in the Range, cleaning
rooms, or on the firing line under the supervision of a Rangemaster.
9. Personnel entering the Facility shall immediately report to the Santa Ana
Rangemaster and shall adhere to the following procedures:
a. Sign in or check in.
b. Receive and follow the Rangemasters instructions regarding the
preparation and conduct of the course of fire or training to be conducted;
and complete it as directed.
C. Once the course of fire is completed, follow the Santa Ana Rangemaster
instructions regarding cleaning, and lubricating and or reloading of the
weapon for duty.
d. Reload the weapon before returning to duty using one of the safety barrels
located in the cleaning rooms or reload on the firing line at the direction
and under the supervision of the Santa Ana Rangemaster.
WEAPONS
The following policy and procedures apply to all weapons used in the Facility:
The Santa Ana Rangemaster shall inspect all weapons that are being shot for the
first time before they are fired on the Range. In the case of Santa Ana officers,
the weapon must also have an Authorization slip on file.
2. While shooting on the Range, or while in the immediate vicinity of an in- progress
firearms course, all personnel shall wear eye and ear protection.
3. Once weapons are loaded in preparation for shooting, they shall be de- cocked and
remain holstered unless on the firing line ready to shoot and/or participating in a
course of fire. (Hot Range Format)
4. Only authorized weapons and ammunition shall be fired in the ranges. If there is
any doubt or question as to whether a specific type of weapon or ammunition can
be used, it shall be referred to the Department Santa Ana Rangemaster /Armorer
for authorization before shooting.
5. The following equipment restrictions apply:
a. Authorized weapons are handguns up to and including .45 cal.
b. No centerfrre rifle caliber ammunition is authorized to be fired in the
lower range.
c. Magnum ammunition, tracer, incendiary, or armor piercing
ammunition is strictly prohibited from being used in the ranges.
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Santa Ana Rangemasters and CAR's shall abide by the following:
All Instructors shall demonstrate a proactive safety attitude and exhibit a
professional demeanor at all times while in the Facility.
2. Allow no one to use the Facility that has a pre- existing injury or condition(s),
which may affect their ability to safely use the Facility or participate in firearms
training.
3. Any intentional violation of safety guidelines, gross displays of improper range
procedures or lack of sound judgment, which in the Rangemasters opinion places
others at risk of injury, shall result in the immediate removal of the individual(s)
from the Facility.
4. The Santa Ana Rangemaster on duty shall be responsible for inspecting the
Facility before and after use by an outside agency. This inspection will include
cleanliness and serviceability of equipment. Damage and or cluttered conditions
will be brought to the attention of the CAR for correction.
FIREARMS TRAINING
Firearms training shall be conducted under the following conditions:
Santa Ana Police Department personnel shall only be trained using approved
Firearms Training Courses and or Training Scenarios which have been approved
by the Training Commander.
2. Firearms Training which falls outside the normally scheduled training shall be
approved by the Training Commander before being conducted.
3. SWAT tactical training will not be conducted in the Facility unless it has the prior
approval of the Training Commander and is conducted under the direct
supervision of the SWAT Commander or his designee.
4. Contract agencies authorized to use the Range Facility shall have their courses of
fire approved by the Santa Ana Rangemaster before shooting. Santa Ana Police
Department reserves the right to deny or request modification to any course of fire
if it is determined the course may be dangerous to personnel or damaging to range
property and or equipment.
5. The Santa Ana Rangemasters are the ultimate authority concerning range safety,
policy, and use. Decisions made by any Department Santa Ana Rangemaster
shall be followed. Disputes and or controversial decisions may be referred to the
Department's full time Santa Ana Rangemaster for resolution. Matters beyond the
Rangemaster's authority shall be referred to the Training Commander during
daytime working hours or the Watch Commander after hours.
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Waivers or exceptions to the above policies and guidelines shall only be authorized by the Chief
of Police, Administrative and Support Division Captain, Training Commander, or the
permanently assigned Santa Ana Rangemaster. Exceptions, when granted, shall be on a one time
only basis and must be requested again, each time it is necessary, before conducting the training
for which a waiver is required. Any and all exceptions shall be documented.
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RESPONSIBILITIES
Santa Ana Rangemasters and CAR's shall abide by the following:
1. All Instructors shall demonstrate a proactive safety attitude and exhibit a
professional demeanor at all times while in the Facility.
2. Allow no one to use the Facility that has a pre- existing injury or condition(s),
which may affect their ability to safely use the Facility or participate in firearms
training.
3. Any intentional violation of safety guidelines, gross displays of improper range
procedures or lack of sound judgment, which in the Rangemasters opinion places
others at risk of injury, shall result in the immediate removal of the individual(s)
from the Facility.
4. The Santa Ana Rangemaster on duty shall be responsible for inspecting the
Facility before and after use by an outside agency. This inspection will include
cleanliness and serviceability of equipment. Damage and or cluttered conditions
will be brought to the attention of the CAR for correction.
FIREARMS TRAINING
Firearms training shall be conducted under the following conditions:
Santa Ana Police Department personnel shall only be trained using approved
Firearms Training Courses and or Training Scenarios which have been approved
by the Training Commander.
2. Firearms Training which falls outside the normally scheduled training shall be
approved by the Training Commander before being conducted.
3. SWAT tactical training will not be conducted in the Facility unless it has the prior
approval of the Training Commander and is conducted under the direct
supervision of the SWAT Commander or his designee.
4. Contract agencies authorized to use the Range Facility shall have their courses of
fire approved by the Santa Ana Rangemaster before shooting. Santa Ana Police
Department reserves the right to deny or request modification to any course of fire
if it is determined the course may be dangerous to personnel or damaging to range
property and or equipment.
5. The Santa Ana Rangemasters are the ultimate authority concerning range safety,
policy, and use. Decisions made by any Department Santa Ana Rangemaster
shall be followed. Disputes and or controversial decisions may be referred to the
Department's full time Santa Ana Rangemaster for resolution. Matters beyond the
Rangemaster's authority shall be referred to the Training Commander during
daytime working hours or the Watch Commander after hours.
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