HomeMy WebLinkAboutUS PROBATION OFFICE, CENTRAL DISTRICT OF CALIFORNIA - 2009SI (' N-2009-054
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L~r ~ ~ t~ ~ AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND THE U S. PROBATION OFFICE, CENTRAL DISTRICT OF CALIFORNIA FOR
USE OF THE SANTA ANA POLICE DEPARTMENT SHOOTING FACILITY
This Agreement is made and entered into on, May 1, 2009 by and between THE U.S.
PROBATION OFFICE, CENTRAL DISTRICT OF CALIFORNIA , (hereinafter referred to
as the U5 PROB/CAC 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 US PROB/CAC desires to enter into an Agreement with Santa Ana
permitting the US PROB/CAC 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 US
PROB/CAC who are authorized by the US PROB/CAC to use the Facility as
specified in this Agreement.
2. The US PROBJCAC agrees to provide Santa Ana with a list of all US PROB/CAC
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
US PROB/CAC 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 US
PROB/CAC. The US PROB/CAC further agrees to provide Santa Ana with
immediate notification upon termination of an employee.
3. All officers, employees and agents of the US PROB/CAC 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 US PROB/CAC with a copy
of all rules, regulations and amendments which are not included in Exhibits A or B.
4. Unless otherwise agreed, the US PROB/CAC 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 US PROB/CAC
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 US PROB/CAC agrees to pay $50.00 per hour with a minimum of two hours
for exclusive use of one of the range facilities. The US PROB/CAC agrees to
cancel any previously scheduled Facility use at least 24 hours before the
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scheduled date. If previously scheduled Facility time is not cancelled at least 24
hours prior, the US PROB/CAC, agrees to pay a $50.00 forfeiture fee. Santa Ana
reserves the right to adjust any fees, upon 20 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.
7. Santa Ana shall supply targets, eye and ear protection, and a weapon cleaning area
only to the US PROB/CAC users of the Facility.
8. Santa Ana shall submit a monthly invoice to the US PROB/CAC and the US
PROB/CAC agrees to make payment to Santa Ana on or before 30 days from the
date of 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 US PROB/CAC, 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 US PROB/CAC waives, all claims and
demands against Santa Ana for any such loss, damage, or injury. The US
PROB/CAC 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 US
PROB/CAC officers, employees, and agents, other persons or property, and from
all costs, expenses and other charges arising from the US PROB/CAC use of the
Facility in connection with this Agreement, except the US PROB/CAC 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 US PROB/CAC 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 US
PROB/CAC and are in no way employees of Santa Ana. Should any officer,
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employee, agent or other personnel of the US PROB/CAC submit a claim for any
injury or damages relating to the use of the Facility, the US PROB/CAC agrees to
indemnify Santa Ana from any and all such claims whether made by way of civil
litigation, arbitration or by the workers' compensation forum except that the US
PROB/CAC 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
pnor written notice.
12. The persons executing this Agreement on behalf of the US PROB/CAC 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.
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
by their authorized representatives.
DATED: ~ ~ ~~ ' ~~
__
_._ ~
ATTEST'-- s_"_ __
Cay Clerk
C Y OF Santa Ana
David Ream
APPROVED AS TO FORM:
~_
Laura Sheedy, Assistant City Attorney
City Manager
AUTHORIZED SIGNATURE FOR
THE US PROB/CAC
Loretta S. Martin
Chief U.S. Probation Officer
DATE: 0
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EXHIBIT "A"
To Pistol Range Agreement
1. REGULATIONS FOR USE OF THE SANTA ANA POLICE DEPARTMENT
SHOOTING RANGES BY US PROB/CAC PERSONNEL.
a. All US PROB/CAC personnel shall sign-in prior to using the facility.
b. All US PROB/CAC personnel shall be authorized to use the facility under the following
conditions:
The US PROB/CAC must provide a CAR Rangemaster to supervise and conduct all
firearms training.
All US PROB/CAC 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 Po1~ce Department Rangemaster).
d. Parking is limited and the US PROB/CAC personnel must either park off the facility or
arrange to pool using a US PROB/CAC vehicle. US PROB/CAC 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 US PROB/CAC personnel who come to the Facility by vehicle shall enter through the
6~h Street Gate.
f. All US PROB/CAC 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 US PROB/CAC 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.
d. Santa Ana Police Department may supply targets.
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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 US PROB/CAC
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 US PROB/CAC 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:
1. 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.
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.
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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:
l . 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.
7. All weapons cleaning will he carried out in the designated cleaning rooms.
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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 offirearms 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. 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.
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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 apre-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.
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 maybe 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.
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.
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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. By way 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.
Witness:
Participant Signature
Agency
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Date:
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. My waiver does not extend to fraud or intentional
misconduct of the City of Santa Ana or their officers, agents, employees and representatives
Date
Signed
Date:
Witness:
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