HomeMy WebLinkAbout17 - Use of Pistol Range and Police Training FacilityCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 17..
November 24, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Robert M. Luman, Chief of Police, 949 644 3701, RLuman @nbpd.org
Bill Hartford, Lieutenant, 949 644 3660, BHartford @nbpd.org
SUBJECT: APPROVAL OF THE RANGE AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND THE CITY OF IRVINE FOR THE USE
OF THE NEWPORT BEACH PISTOL RANGE AND POLICE TRAINING
FACILITY '
RECOMMENDATION-
1 - Approve the Agreement between the City of Newport. Beach: and the City of
.Irvine for the use of the Newport Beach .Pistol Range and Police Training .
Facility.
2.. Upon approval, authorize the Mayor to sign the. Agreement on behalf of the
City of Newport Beach.
DISCUSSION:
For the past 'ten years, the Irvine Police Department has utilized the Police
Department's range facility. The original agreement allowed for sworn members of the
Irvine Police Department to utilize the services of the _Police Department's Range
Master /Armor. The Police Department also provided ammunition, targets, training
syllabuses, and cleaning equipment. When the original agreement was signed, the cost
for ammunition was very low. Since the initiation of military operations in the Middle
East, the cost of ammunition has risen substantially, and the amount per sworn officer
the Police Department would charge the Irvine Police Department was constantly being
reviewed to cover the Police Department's costs.
An additional factor for the reevaluation of the current agreement was the 25 percent
increase in the number of sworn Irvine Police Officers. This increase has become
increasingly taxing on the Police Department's single Range Master /Armor, who is
responsible for.the range qualifications for our Department, the University of California,.
Irvine.Police Department (25 members), and the Irvine :Police Department. Under the
new agreement, the Irvine Police Department will rent the Police Department's range for
$150 a day for five days out of each month. The Irvine Police Department will be
responsible for providing their own range staff, ammunition, targets, and training
syllabus. This.arrangement will allow the Police Department's Range. Master /Armor to
devote more time to the training of the Police Department's sworn staff, as well as the
maintenance of the Police Department range and firearms inventory.
Environmental Review:
Not Applicable
Prepared by:
G
Bill Hartford, Lieutenant
Support Services Division
Attachment: Agreement
Submitted by:
Robert M. Luman
CHIEF OF POLICE
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND
THE CITY OF IRVINE FOR USE OF NEWPORT BEACH PISTOL
RANGE AND POLICE TRAINING FACILITY
This Agreement is made and entered into this day of October 2009, by and
between the City of Irvine, a Municipal Corporation (hereinafter referred to as "Irvine')
and the City of Newport Beach, a Municipal Corporation and Charter City (hereinafter
referred to as "Newport") for Use of the Newport Beach Pistol Range and Police
Training Facility (hereinafter referred to as "Agreement').
RECITALS
A. Newport has constructed and operates a pistol range and police training facility
located on its property located at 870 Santa Barbara Drive, Newport Beach,
California, (hereinafter referred to as "the Facility'); and
B. Newport has a full -time employee responsible for management and operation of
the Facility (hereinafter referred to as the "Range Master "); and
C. Newport has promulgated certain rules and regulations concerning safety, hours
of operation and use of the Facility; and
D. Irvine desires to enter into an Agreement with Newport permitting Irvine to use
the Facility.
COVENANTS
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
Newport agrees to allow those officers, employees and agents of Irvine, who are
authorized by Irvine to use the Facility as specified in this Agreement
(hereinafter, "Authorized Users ") provided the Authorized Users execute a waiver
and release in a form acceptable to the City Attorney prior to using the Facility.
2. Newport agrees to provide the Facility to Irvine during one week of each month:.
Irvine will operate the Facility for the exclusive use of providing firearms
training /qualification to its officers, employees, or agents. Irvine will operate the
Facility under the supervision of the Range Master. California Commission on
Peace Officer Standards and Training (POST) certified firearms instructors of
Irvine will work with the Range Master to determine the dates and times that
Irvine will utilize the Facility. Irvine will be further responsible for providing range
staff, a monthly qualifying course of fire, frangible ammunition, range targets,
remedial training, and range safety equipment for use by its officers, employees,
or agents.
3. All officers, employees and agents of Irvine who use the Facility, shall strictly
comply with the Rules and Regulations for Use of the Facility by Irvine Police
Department attached hereto as Exhibit "A" and Newport Beach Police
Department Firing Facility Safety Policy attached hereto as Exhibit "B" (including
any amendments to Exhibits "A" or "B "), and any safety order or directive of the
Range Master. Newport shall supply Irvine with a copy of all rules, regulations
and amendments.
4. The Range Master may close the Facility at anytime for any purpose. The
Range Master may exclude any person from using the Facility for violating any
rules and regulations relating to safety. Newport reserves the exclusive right to
determine the Facility's hours of operation.
5. Irvine agrees to pay an all- inclusive range fee of $150.00' per day. Newport
reserves the right to increase the range fee, upon 30 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 which may be imposed upon any
other agency authorized to use the Facility.
6. Newport shall provide weapon cleaning facilities and supplies at no cost to the
Irvine users of the Facility.
7. Newport shall submit a monthly invoice to Irvine and Irvine agrees to make
payment to Newport on or before 30 days from the date of receipt of invoice.
8. To the fullest extent permitted by law, Irvine shall indemnify, defend and hold
harmless Newport, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against
any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind and
nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise
from or in any manner relate (directly or indirectly) to any breach of the terms and
conditions of this Agreement by Irvine, its officers, agents, or employees, any
services provided under this Agreement, Irvine's officers, agents, or employees
presence at the Facility or activities conducted pursuant to this Agreement.
Notwithstanding the foregoing, nothing herein shall be construed to require Irvine to
indemnify the Indemnified Parties from any Claim arising from the sole negligence
or willful misconduct of the Indemnified Parties. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable.
9. Newport shall not be liable for any loss, damage or injury of any kind whatsoever to
Irvine, 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
`a
accident on the premises. Irvine waives all claims and demands against Newport
for any such loss, damage or injury.
10. Irvine 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 Irvine and are in no way
employees of Newport.
11. Irvine shall at all times be responsible for the training of its officers. While Irvine
may participate in various training exercises hosted by Newport or directed by
the Range Master or other personnel, Irvine shall be responsible for reviewing
the training and ensuring the adequacy and appropriateness of all training
provided to its officers. Irvine acknowledges that any courses of fire, tactical
instruction, use of force information, or any training or information whatsoever
provided by Newport is for range operational purposes only. Newport does not
warrant that any training or tactics whatsoever used in any course of fire is
consistent with Irvine training or policy. As Irvine has the ultimate authority for
training its officers, Irvine shall defend, indemnify, and hold harmless Newport, its
officers, employees, and agents for all claims to the extent they result from actual
or alleged inadequate or inappropriate training received under this Agreement.
12. Either party may terminate this Agreement at anytime, without cause upon 30
days prior written notice.
13. The persons executing this Agreement on behalf of Irvine and Newport 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.
14. A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
15. This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
16. The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
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17. This Agreement may be modified or amended only by a written document
executed by both Irvine and Newport and approved as to form by the City
Attorney for Newport.
18. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
19. The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
n
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROV TO FORM:
By:
Title: �t� j �Ttlfy
Print Name: of D
ATTEST:
By:
Title: City Clerk
Print Name: sharie Apodaca
APPROVED AS TO FORM:
OFFICR OF THE CITY ATTORNEY:
By: ov%-- C . ',�
Aaron C. Harp,
Assistant City Attorney
ATTEST:
By:
Leilani Brown,
City Clerk
Attachments:
CITY OF IRVlbk
A Municipa ,kt#oration
By:
Title: Mayor
Print Name: sukhee Yang
CITY OF NEWPORT BEACH,
A Municipal Corporation
Edward Selich,
Mayor for the City of Newport Beach
Exhibit "A" Rules and Regulations for Use of the Facility by Irvine Police Department
Exhibit "B" Newport Beach Police Department Firing Facility Safety Policy
F:luserslcatklal shared% AgINBPDpisto[Range&Training.doc
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EXHIBIT "A"
RULES AND REGULATIONS
FOR USE OF THE FACILITY BY
IRVINE POLICE DEPARTMENT
1. RULES AND REGULATIONS:
A. The Rangemaster will submit a monthly schedule to Irvine with dates and times
for range qualification. All Irvine personnel shall qualify according to the monthly
schedule.
B. All Irvine personnel shall park in the parking lot to the rear of the Newport Fire
Station next to Newport Beach Police Department located at 870 Santa Barbara
Drive, Newport Beach, California. All Irvine personnel shall enter through the
eastside door for the Police Station at the bottom of the stairs.
C. All Irvine personnel who are not in uniform must wear a visible police badge or
I.D. card at all times while in the Facility.
2. THE FACILITY OPERATION CONDITIONS:
A. The Range Master will be present during operation and will have ultimate Facility
authority overall users.
B. The Range Master will provide remediation of shooting problems as needed if
desired, and as time permits.
C. No shotgun slug or rifle ammunition will be permitted.
D. Newport will supply weapon cleaning facilities and supplies.
3. IRVINE POLICIES:
All Irvine personnel shall comply with all applicable provisions of Newport Beach
Police Department Firing Range Safety Policy attached hereto as Exhibit 'B" and
all subsequent amendments to Agreement.
r:
EXHIBIT "B"
NEWPORT BEACH POLICE DEPARTMENT
FIRING FACILITY SAFETY POLICY
1. PURPOSE:
a. To provide a high level of safety and protection for all users of the
Facility.
b. To enhance the learning experience while providing a safe
environment.
2. FACILITY:
The Range Master shall have the sole authority on the Facility and is
responsible for its management and operation.
All persons entering the Facility shall follow the directions of the Range
Master and shall adhere to the posted rules and regulations at all times.
The Armory (Range Master's office and work area) is strictly off - limits to
unauthorized personnel for security and safety purposes.
The Facility is for the use of Newport Beach Police Officers, Reserves and
other persons as approved by the Support Services Division Commander
of the Chief of Police for Newport Beach Police Department. The Facility
will only be used under the supervision of the Range Master, or another
qualified instructor as approved by the Training Supervisor.
All weapons cleaning will be carried out in the Facility's designated
cleaning area.
No unsafe practices will be tolerated. All weapons shall be checked and
cleared prior to cleaning, using the weapon safety barrel in the designated
cleaning area.
The loading and unloading of all weapons within the Facility shall be
carried out by using one of the safety barrels located in the Facility or its
locker rooms.
All authorized personnel entering the Facility shall immediately report to
the Range Master.
FA
All authorized personnel shall adhere to at all times, the following
procedures:
a. Using a safety barrel, and by standard safety procedures, unload
their weapons prior to entering the Facility. Once the weapon is
unloaded, it should be returned to its holster or carrying bag without
a magazine inserted in the magazine well.
b. Sign in.
C. Receive shooting instructions from the Range Master and complete
the course of fire as directed.
d. Once the course of fire is completed, follow the Range Masters
commands for making the weapon safe.
e. Use the designated cleaning area and ensure that his/her weapon
is cleaned.
f. When returning to duty, use the safety barrel, and by standard
procedures, load the weapon and return it to its holster or carrying
bag.
3. EQUIPMENT GUIDELINES:
a. All weapons shall have been inspected by the Range Master before
being fired on the Facility.
b. All personnel shall immediately advise the Range Master of any
pre- existing injuries or medical conditions which may affect his /her
ability to safely participate in weapons training.
C. Any intentional violation of safety guidelines, gross display of
improper Facility procedures of, or lack of sound judgment by
personnel, which in the Range Master's opinion places others at
risk of injury, will result in the immediately removal of personnel
from the Facility.
4. USING OTHER FACILITIES — GUIDELINES:
a. The training site should be located so as to reduce potential
hazards to the public caused by the firing of weapons.
b. The training site should be located in an area that minimizes any
fire hazard to structures or vegetation.
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C. The training site should be reasonable free of loose gravel, rocks or
other debris.
d. Restroom facilities and drinking water should be available at the
training site or in the immediate vicinity.
e. A telephone or an emergency radio should be immediately
accessible in the event of an emergency at the training site.
f. A fire extinguisher should be readily accessible at the training site.
g. A first aid kit shall be readily accessible at the training site.
h. All targets at the training site shall be set up in such a manner as to
minimize the danger of ricochets.
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