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HomeMy WebLinkAboutCALIFORNIA, STATE OF - DEPARTMENT OF JUSTICE 4 - 2009N-2009-058 .iUN - 9 2 ~ JA(' n C `~ ~cY ~ ~)~ ~ ~~ ~ AGREEMENT BETWEEN THE CITY OF SANTA ANA ~; ~r~~ ~~ ~ ~~ ~a~~ AND CALIFORNIA DEPARTMENT OF JUSTICE FOR USE OF THE SANTA ANA POLICE DEPARTMENT SHOOTING FACILITY This Agreement is made and entered into on 1 July 2009 by and between California Deuartment of Justice-Bureau of Narcotics Enforcement Bureau (hereinafter referred to as the DOJ), 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 DOJ desires to enter into an Agreement with Santa Ana permitting the DOJ to use the Facility. COVENANTS NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Santa Ana agrees to allow those officers, employees and agents of the DOJ who are authorized by the DOJ to use the Facility as specified in this Agreement. 2. The DOJ agrees to provide Santa Ana with a list of all DOJ 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 DOJ 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 DOJ. The DOJ further agrees to provide Santa Ana with immediate notification upon termination of an employee. 3. All officers, employees and agents of the DOJ 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 DOJ with a copy of all rules, regulations and amendments which are not included in Exhibits A or B. 4. Unless otherwise agreed, the DOJ shall provide a Contract Agency Rangemaster, (hereinafter referred to as "CAR") to supervise the range operation and conduct firearms training as required. 5. The Santa Ana Rangemaster may close the Facility at anytime 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 DOJ 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. 6. The DOJ agrees to pay $50.00 per hour with a minimum of two hours for exclusive use of one of the range facilities. The DOJ 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 DOJ, agrees to pay a $100.00 forfeiture fee. Santa Ana reserves the right to adjust any fees, upon 20 days prior written notice, as necessary to cover any increased 2 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. 7. Santa Ana shall supply targets, eye and ear protection, and a weapon cleaning area only to the DOJ users of the Facility. 8. Santa Ana shall submit a monthly invoice to the DOJ and the DOJ agrees to make payment to Santa Ana on or before 45 days from the date The Department of Justice receives the invoice. Delay of prompt payment may result in Facility use denial. 9. Santa Ana shall not be liable for any loss, damage or injury of any kind whatsoever to the DOJ, 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 DOJ waives, all claims and demands against Santa Ana for any such loss, damage, or injury. The DOJ hereby agrees to defend and indemnify, save and hold Santa Ana free and harmless from any liability for any loss, damage or injury to the DOJ officers, employees, and agents, other persons or property, and from all costs, expenses and other charges arising from the DOJ use of the Facility in connection with this Agreement, except the DOJ shall not be required to indemnify for any loss, damage, injury or claim arising from the willful acts or negligence of Santa Ana, its officers, employees, or agents. 10. The DOJ 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 DOJ and are in no way employees of Santa Ana. Should any officer, employee, agent or other personnel of the DOJ submit a claim for any injury or damages relating to the use of the Facility, the DOJ agrees to indemnify Santa Ana from any and all such claims whether made by way of civil litigation, arbitration or by the workers' 3 compensation forum except that the DOJ 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. 11. Either party may terminate this Agreement at anytime, without cause upon 30 days prior written notice. 12. The persons executing this Agreement on behalf of the DOJ 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. 4 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement by their authorized representatives. DATED: t~~- %~ ~-' ~ ~' ATTEST':,-- ~~ ~ i ~ ..-- City Clerk C TY OF Santa Ana David Ream City Manager APPROVED AS TO FORM: Laura Sheedy, Assistant City Attorney AUTHORIZED SIGNATURE FOR CALIFORNIA DEPARTMENT OF JUSTICE ~M Sit~6R-~J ~~ ~~A~ (Name) (Title) DATE: ~~Z~ ~ 21~~ 5 EXHIBIT "A" To Pistol Range Agreement 1. REGULATIONS FOR USE OF THE SANTA ANA POLICE DEPARTMENT SHOOTING RANGES BY DOJ PERSONNEL. a. All DOJ personnel shall sign-in prior to using the facility. b. All DOJ personnel shall be authorized to use the facility under the following conditions: The DOJ must provide a CAR Rangemaster to supervise and conduct all firearms training. All DOJ 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 DOJ personnel must either park off the facility or arrange to pool using a DOJ vehicle. DOJ 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 DOJ personnel who come to the Facility by vehicle shall enter through the 6`" Street Gate. £ All DOJ 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 DOJ personnel who are not in uniform shall wear a visible police badge or LD. 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. d. Santa Ana Police Department may supply targets. e. Santa Ana Police Department will supply ear and eye protection. £ Santa Ana Police Department will supply weapon-cleaning facilities. 6 g. Santa Ana Police Department may provide secure storage for DOJ 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 DOJ 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. 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 2. 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: 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. Approve all outside agency courses of fire before shooting. Once approved, no deviation from the approved course will be authorized without prior approval. £ 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: 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. 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. 7. All weapons cleaning will he carried out in the designated cleaning rooms. 9 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: 1. 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. Commercially manufactured centerfire rifle ammunition no larger than .308 caliber may be fired on the lower range with prior approval of the Santa Ana Police Department Rangemaster. c. Tracer, incendiary, or armor piercing ammunition is strictly prohibited from being used in the ranges. 10 RESPONSIBILITIES 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 apre-existing injury or condition(s), which may affect their ability to safely use the Facility or participate in firearms training. 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 11 daytime working hours or the Watch Commander after hours. EXCEPTIONS 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. 12 SANTA ANA POLICE DEPARTMENT INDIVIDUAL WAIVER OF LIABILITY The City of Santa Ana and the Santa Ana Police Department assume no obligation in offering the use of its Shooting Range Facility to the general public or other public agencies. There is a real possibility of injury occurring when using the Shooting Range Facility, or while on the premises while others are using the Shooting Facility. The undersigned acknowledges that the handling of firearms, or being in the proximity of others using or handling firearms involves a significant risk of serious physical injury including the possibility of death regardless of the skill of the user or the adequacy of supervision or the instructions given. I understand that my signature constitutes a request for permission to use the Shooting Range Facility with knowledge and understanding that I assume the risk that I could be injured. I also understand that the City of Santa Ana would not allow the use of the Shooting Range Facility unless I agree to waive any and all rights, claims, demands, causes of actions including the right to sue the City of Santa Ana or its officers, agents, employees, elected or appointed officials and the Santa Ana Police Department. I understand that by signing this form: A. I am agreeing to assume all risks of physical injury arising out of my use of firearms and other related equipment or participation in the activities offered by the City of Santa Ana; B. I am waiving my rights with respect to any injury or damage I may sustain as a result of or in any way related to my use of the Shooting Range Facility, or while on premises when others are using the Shooting Range Facility. Byway of illustration, I am giving up my right to sue for inadequate instruction, inadequate supervision, faulty equipment, or dangerous condition of the premises. My agreement to give up the right to sue the City of Santa Ana does not extend to fraud or intentional misconduct of the City of Santa Ana or their officers, agents, employees and representatives; C. I agree to indemnify, defend and hold harmless the City of Santa Ana or its officers, agents, employees, elected or appointed officials and the Santa Ana Police Department from any and all damages, claims or losses caused by my use of any equipment, my actions while participating or being on premises while others are participating in the program. D. I agree to comply with all posted rules and regulations and all orders of the Santa Ana Rangemaster. I have carefully read this form and fully understand its content. I am voluntarily signing this waiver with knowledge of the rights I am giving up and the dangers involved in the activity. Printed Name Badge No. Agency Witness: Participant Signature Date: 13 Santa Ana Police Department Waiver I, , on my own behalf, hereby assume all risks and hazards incidental to the conduct of the activities and transportation to and from the activity and hereby waive any and all claims, demands or causes of action I may have or eventually have against, and also hereby release and hold harmless, the City of Santa Ana and/or any officer, agent, employees, elected or appointed officials, or volunteers and the Santa Ana Police Department therefore from any injuries, losses, damages, costs, and expenses allegedly or actually arising out of the use of the Shooting Range Facilities. Date Signed Date: Witness: 14