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HomeMy WebLinkAbout3545RESOLUTION NO. 3 5 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND OTHER MUNICIPALITIES FOR USE OF THE AUBURN POLI'CE DEPARTMENT RANGE FACILITY WHEREAS, the City owns and operates a firearms range facility within the city limits of Auburn, King County, Washington; and WHEREAS, other municipalities have officers for whom the range facility would be of use and benefit in their training; and WHEREAS, it is mutually beneficial to both the City of Auburn and these other municipalities, and in the public interest for the City of Auburn to enter into such agreements with such other municipalities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, herewith resolves that: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute agreements between the City of Auburn and other municipalities for use of the Auburn Police Department Range Facility, which agreements shall be in substantial conformity with the Agreement a copy Resolution No. 3545 November 13, 2002 Page 1 of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and affect upon passage and signatures hereon. DATED and SIGNED this /~ day of ~~~' 2002. ..OF AUBURN PETER B. LEWIS MAYOR ATTEST: ~ity~llleerkE. Das am, Dani~ B.'Flei ,~'7--" ' ' ~..... City Attorney Resolution No. 3545 November 13, 2002 Page 2 AGREEMENT FOR OUTSIDE AGENCY USE OF THE AUBURN POLICE DEPARTMENT RANGE FACILITY 20 Washington, hereafter referred to as CITY" and address is "OUTSIDE AGENCY." THIS AGREEMENT made and entered into this day of , __., by and between the CITY OF AUBURN, a municipal corporation of the State of ., whose , hereinafter referred to as WITNESSETH: WHEREAS, the City owns and operates a firearms range facility within the city limits of Auburn, King County, Washington; and WHEREAS, the OUTSIDE AGENCY has officers for whom the range facility would be of use and benefit in their training; and WHEREAS, it is mutually beneficial to both parties hereto that this agreement be executed providing for use of the range facility by OUTSIDE AGENCY. NOW, THEREFORE, in consideration of the mutual covenants and benefits contained herein, IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Scheduling for Use. For the term of this agreement, officers of the OUTSIDE AGENCY may use the Auburn range facility on a scheduled basis. Such use can be scheduled by giving the range facility manager notice thereof, with the number of persons involved, at least thirty (30) days in advance of the intended use. The range facility manager shall have authority to schedule such use in a manner that does not conflict with other uses of the range facility and may waive the thirty (30) day notice requirement. Range Facility Agreement Resolution No. 3545, Exhibit "A" November 13, 2002 Page 1 2. Requirements for Use. For purposes of Section 1 above, only those weapons approved by the CITY-range will be authorized for use at the Auburn range facility. All OUTSIDE AGENCY officers, including team members of the Valley Cities Special Response Team, using the range facility shall be subject to and abide by all range rules and regulations, a copy of which is attached hereto as Attachment "1" and incorporated herein by this reference, and all future amendments thereto implemented by the CITY for the range facility. In addition to the copy of the range facility rules attached to this Agreement, copies of the range facility rules will be handed out upon request to all officers using the facility and all officers shall follow all directions and requests given by the range facility manager. The CITY may refuse entry to or use of the range facility by any officer(s)/person(s) who fail to abide by such rules and regulations. 3. Payment of Fee. In consideration for the use of the range facility, the OUTSIDE AGENCY shall pay to the CITY the sum of Two Hundred ($200.00) Dollars for each day of anticipated use for the next calendar year or for the remaining calendar year. Each OUTSIDE AGENCY will be entitled to use of the range facility for one day during a calendar year for each Two Hundred ($200.00) Dollars paid. An additional charge of Fifty Dollars ($50.00) per hour for the presence of a City Range Officer shall apply whenever an outside agency utilizes the range during the hours of darkness. Payment of the fee for use of the range facility shall be made prior to the OUTSIDE AGENCY'S first use in a calendar year. 4. Exemption. Those cities that are members of the Valley Cities Special Response Team (SRT) shall not be charged for use of the range facility by the Cities' SRT members. Range Facility Agreement Resolution No. 3545, Exhibit "A" November 13, 2002 Page 2 5. Hold Harmless and Indemnification. The CITY shall not be responsible for any accidents, losses, damage or injuries suffered by OUTSIDE AGENCY, its officials, employees, officers and agents while using the range facility, except for losses arising out of the CITY'S sole negligence. For and in consideration of the use of the Auburn Police Department's Pistol Range, OUTSIDE AGENCY does hereby promise to indemnify, defend and hold harmless the CITY, its officials, officers, employees and agents from and against any and all claims, demands, and/or causes of action of any kind or character whatsoever arising out of or relating to the OUTSIDE AGENCY'S use of the range facility, including but not limited to, all claims by any of OUTSIDE AGENCY'S personnel, employees or agents for personal injury, death or damage to their persons or property. The CITY retains the right to participate in any suit if any principle of governmental or public law is involved. Hold harmless provisions shall not apply to losses arising out of the CITY'S sole negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Liability Insurance Required. The OUTSIDE AGENCY shall be required to file with the City Clerk's Office, as a condition of the use of the range facility, evidence, which is acceptable to the CITY, reflecting combined single limit liability insurance coverage of One Million Dollars or more per occurrence and evidence that the CITY is named as an additional insured on OUTSIDE AGENCY'S liability insurance policy. In the event OUTSIDE AGENCY is a member of a self-insured pool, a letter confirming coverage as provided above must be submitted by the insured pool to the CITY. 7. Term of Agreement. The term of this agreement shall commence on the date here signed and shall be terminated three years from the date here signed. Range Facility Agreement Resolution No. 3545, Exhibit "A" November 13, 2002 Page 3 8. Termination of Aqreement. Either party may terminate this Agreement by providing the other party not less than sixty (60) days written notice of its intention to terminate. In the event such termination occurs, the fee paid for the calendar year's use shall be refunded based on the number of days used. 9. Automatic Renewal. This agreement will be automatically renewed for an additional three-year term unless the CITY receives written notice of OUTSIDE AGENCY'S intent to terminate at least sixty (60) days prior to the end of the three-year term. 10. Closure of the Ran.qe Facility. If for any reason, including a decision by the CITY that it no longer desires to operate the range facility, closes the range facility to use by OUTSIDE AGENCIES, a refund will be provided in the same manner as set forth in Paragraph 8 above. Further, in the event of closure, OUTSIDE AGENCY understands and agrees by its signature hereon that there shall be no cause of action of any type whatsoever against the CITY for such closure. CITY OF AUBURN CITY OF (OUTSIDE AGENCY) PETER B. LEWIS BY: MAYOR TITLE: ATTEST: ATTEST: Dani Daskam City Clerk APPROVED AS TO FORM: CITY CLERK APPROVED AS TO FORM: Daniel B. Heid, City Attorney Range Facility Agreement Resolution No. 3545, Exhibit "A" November 13, 2002 Page 4 CITY ATTORNEY RANGE RULES AND REGULATIONS ATTACHMENT "1" Range unit The Auburn Police Department Range Unit consists of a Range Commander, Range Master, Range Officers, and Range Safety Officers. Additional Collateral duties are Range' Maintenance Officer, Armorer, and Supply Officer. Range Days: · The Auburn Police depa.rtment has established range days on the First and Third Fridays of each month. The First Friday is for remedial training from 0900 until 1300. From 1300-1630 the range is open for individual practice, qualificatiOn, or individual instruction. The Third Friday is primarily for officer qualifications, individual practice, and individual instruction. Range Scheduling Range scheduling is coordinated through the Range Commander. Agencies interested in utilizing the Auburn Firing Range must complete a contract prior to the use of the range. This contract contains-range operating procedures, protocols, sign in/out procedures, and safety instructions. Range Operations .1. Prior to starting range operations, the following procedures must be completed: A. The range must be scheduled with the Range Commander. B. The range sign in sheet must be completed. 1. Only CJTC range officers and range safety officers are authorized to sign out the range. 2. The keys to the range shack, watershed gate, range flag, and range key will then be released to the signing authority. C. Valley communications must be notified that range operations will be commencing.' D. A range sweep must be conducted. This can be accomplished by driving north on the range road and looking down into the ravine directly north of the backstop and the hillside to the north. Then walking down the roadway on the east side of the range and walking north until you can visually inspect the eastern portion of the ravine and hillside. E. Placing the 'Range Operations in Progress Contact Range Staff Prior to Proceeding" near the roadway leading to the impact area and raising the red range flag. Attachment 1 Page 1 F. Complete a range safety bdef for those personnel intending on using the range. 2. Before closing the range the following procedures must be completed. A. All brass and live ammunition must be pick up off Of the range. B. The barricade and the flag must be removed. ' C. The range safety officer must notify Valley Communications that range operations have been completed and request an on-duty Range Officer or Auburn Police Sergeant respond to dear the range. D. Once range clearance has been granted, return the range keys and flag to the Auburn Police Department and sign back in the range. Night Operations require additional safety measures. Pdor to signing out the Auburn Police Department Range for night operations, the range must be schedule 3 weeks in advance. A. The Range Master will ensure that surrounding residential areas are notified that a night fire will be conducted no later than 1 week prior to the scheduled range usage. B. The Range Master will ensure that an Aubum Police Range Officer is assigned to that night operation. Range Safety The Auburn Police Department is committed to the safe firearms training, use, and maintenance. To ensure that safety is maximized, the following rules and principles shall be bdefed and followed: A. All guns are always loaded. B. Never point your weapon at anything you are not willing to shoot. 'C. Keep your finger off of the trigger until your sights are on target and you are willing to shoot D. Be sure of your backstop and what is beyond. E. Ail weapons are to be carried muzzle towards the ground and 'oriented towards the backstop. F. All clearing of weapons are completed on the fidng line. G. All handguns will be holstered prior to moving away from the firing line unless otherwise directed by the range safety officer. H. All Personnel on the range have the authority to stop training if they see an unsafe act. I. If a cease fire is called, all firing stops immediately and weapons are holstered and/or placed on safe. J. Ail personnel are required to wear eye and ear protection. K. All personnel are familiar with the left and right limits. Attachment 1 Page 2 L. There is no eating, smoking, or drinking on the firing line. We require that prior to engaging in these functions wash your hands and face to remove lead residue.. M. There is no firing above the back stop. The only exception to this rule is Shotgun familiarization with bird loads, Attachment 1 Page 3