HomeMy WebLinkAbout2007-12-26 08-047 ORDERitem No. riR f147
Date: December 26, 2007
Item/Subject: ORDER, Authorizing an Agreement for Use of the Bangor €mace
Department Firearms Range by Other law Enforcement Agencies.
Responsible Department: Legal
With the completion of the new firearms range at the Police Departmem, we have had
inquiries from other law enforcement agencies about their possible use of the facility. It Is
in the interest of the City to cooperate with these other agencies. A standardized
agreement setting forth the rules and regulations for the use of the range, the rights and
responsibilities of the users, insurance and indemnification provisions, and a fee schedule
has been developed with the assistance of the Legal Department.
This has been reviewed by the Government Operations Committee, which recommends
council approval. The final agreement shall be in a form approved by the City Solicitor or
Assistant City Solicitor
Department Head
Manager's Comments:
Recommend approval.
City Manager
Associated Information:
Budget Approval:
/
Finance Director
�—T
City Solicitor
Introduced for Consent Agenda
x_ Passage
_ First Reading page 1
Referral
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Aswpedm Cauocilo2 D'arrlco December 26. 2007
CITY OF BANGOR
(TITLE.) ORDER, Authorizing an Agreement for Use of the Bangor VWd; a Depn>••C t
Firearms Range by Other Law Enforcement Agencies
WHEREAS, the City of Bangor Police Department has a firearms range at the new Police
Department building; and
WHEREAS, other law enforcement agencies have Inquired about its availability for their
use; and
WHEREAS, R is In the Interest of the City to cooperate with other law enforcement
agencies in our region; and
WHEREAS, it is in the best Interest of the City to have a standardized agreement for the
use of the firearms range;
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGORTHAT
the Police Department may use and execute an Agency User Agreement for use of the
Bangor Police firearms range with other law enforcement agencies operating In our
Mon. Said agreement shall be In a final form approved by the City Solicitor or
Assistant City Solicitor and shall set forth the rights and responsibilities of the user, the
cost to the user, and insurance and indemnification provisions.
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j bbe �� Utbortafog " Agieeorbt for Use of
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08 047
Bangor Police Department Indoor Firearms Range
Agency User Agreement
The Bangor Police Department welcomes members of other law enforcement agencies to
we the Bangor Police Deparmrrnt Indoor Firearms Range. In order for members of an
agency to use the facility, the head of an agency must sign and submit this agreement,
which most then be approval by the Chiefof Police of the Bangor Police Downtown.
Following acceptance of this agreement by the Bangor Police Department, members of
an agency who meet all other requirements may we the Forearms Range upon submission
and acceptance of a"Requestfor Use"form aM"Compliance Agreement".
User Requirement; and Ragonsibmtla
1. Persons not employed by the Bangor Police Department who are named in the use of
the Fireman Range are authorized to use the Firearms RangeNO LY fF.
accompanied by an authorized Firearms Instructor who bas been approved by the
Range Master; or accompanied by properly framed employee of the Bangor Police
fingerboard.
2. Wire an on -situ Instructor is not required, all persons using the Fireman; Rauge are
reyuirM to follow all safety procedures and abide by all Rules and Regulations of this
agreement, and the rules and regulations of the Bangor Police Department.
3. Persons not employed by the Bangor Police Deparmmmt who are not halved inthe
use of the Firearms Range are not authorized to use the range anlas accompanied by
an authorized Forearms hsiructor who has been approved by the Bangor Police
Department Range Master.
4. Only Instructors who have been trained in the use of the Firearms Range and who
have been pre -approved by the Bangor Police Department will be acceptable.
5. Persons who wish to be designated as authorized Firearms hsmicmm for the Bangor
Firearms Range must apply at The Bangor Police Department, and must submit
documentation which indicates that they are a currently certified Fremms Instructor.
b. Theon -site Instructor will be responsiblefor all activity and conduct of all persons
while using the Firearms Range.
7. Military personnel must provide written documentation of instructor mining from
FLEW or CADM to be deemed a Firearms hrshuctor for purposes of meeting the
requirements of the Bangor Firearms Range policy.
8. All approved Firearms Instructors will be furnished a copy of this procedure and will
be charged with the responsibility of enforcing all to rules and regulations of this
Policy, and the rales and regulations of The Bangor Police Depamment.
9. All approved Firearms Instructors most complete a tour of the shooting facility and he
briefed on all safety procedures, mles and regulations.
38 04,"
Agency Requirements and Responsibilities
t. The Agency represented by this agreement agrees to accept responsibility for the
conduct of its employees while they are using the Barger Police Department Firearms
Range, and agrees m pay for any damage to the Bangor Police Indoor Firearms
Range, and/or equipment caused by any of the agency's employees.
2. The Agency represented by this agreement agrees to guarantee reimburse to the
Bangor Police Department of any supplies and Range fees, including staff overtime
costs as a result of the agency representatives sliest for after -hour functions,
weekend functions, or when usage otherwise requires additional time by Bangor
Police Department staff.
3. The Agency represented by this agreement agrees to accept the liability for injuries or
death of the agency's employees or represents ive(s), Bangor Police Department staff
representatives, or any other person or persons in attendance as a result of negligent
or malicious acts of any individuals involved in the usage.
Scheduling and User Fees
1. The Firearms Range schedule is based upon available dates and specific times not
already reserved by Ranger Police department training needs.
2. Firearms range reservations will be accepted in the order they are submitted.
3. High priorityuse may replace a scheduled low priority use only if the intended use is
requested no later than 14 calendar days prior in the scheduled use.
4. The scheduling of the firestorm range will be coordimtN by the Bangor Police
Deparhnent Training Officer.
5. The submission of the User Request Form does guarantee the use of the fneamns
range. Usage is not approved until a requester has been specifically advised of their
confirmed reservation, Range use may be cancelled if the completed farm is not
received within ten (10) days prior to the requested date of me.
6. The Bangor Chief of Police, or his designee, will review the application rand issue an
approval or denial. The Chief of Police has the authority to deny any application for
any reamon.
Firearms Range Fee Only (Agency): Agencies that are granted the use of the Indoor
Firearms Range will be assesmi a group fee of $20.00 per person per day, to a maximum
of$100.00perday. A agrnc maymterintoawnta alagre mtwiththe Cityfor
use of the Moscow Range, the razes for which will be negotiated.
Firearms Range Fee Only (Individual): Individuals that are pooled the use of the
Indoor Firearms Range will be assessed a fa of $10.00 Per person per hour (maximum
$20A0 per every foo (4) hours).
Firearms Range Fee with Instructor: Users requesting or requivng a Bangor Police
Department Firearms Instructor will be assessed the applicable Range fee and an
additional tee for rhe instructors. The instructors fee will be in compliance with the
current Parrot Officer's collective bargaining agreement for a "Private Detair'that is in
effect on the date of use. Firearms instructors are subject to availability.
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Range Supplies: In addition to Firearms Range fees, the following additional supplies
are available at the specified fee.
Staple Guns(with staples): $2.00 per day
Dummy training rounds: $0.15 each
Target backers: $3.00 for total requited
Targets (FBI'V Targm): $0.15 each
US C nuxns aM Bandar Ptali
Port ofBan Maine
D8 047
BANGOR POLICE DEPARTMENT INDOOR FIREARMS RANGE
USER REQUEST FORM
Name: John D. Nadeau Agency: U.S. Customs and Border Protection
Address: 267a Godfrey Blvd. / Booms, Maine 04401
E -Mail address: iolmnademsdams.ov, Phone number: (20.1)947-7861
Demed dates of we: 12/2007 through 11/2008 for CBP Trimeater Qualifications
Number of attendees: 15 -
Name of approved, on-site Firearms Instria n/UPD Employee: James Zwearcan
AGREEMENT
In making this request to use the Indoor Firearms Range, the individual represented by
the undersigned agrees to:
1. Notify, and require compliance by all individuals attending, reaching, and
coordinating the use of the Firearms Range of all rules, regulations and
Meadows.
2. Assume responsibility for, and agree to pay for my damage to the Bangor Police
Indoor Firemus Range, and/or equipment caused by my of the aftendeca
3. Insure appropriate user fees.
4. home reimburse to the Bangor Police Department for my staffovenlme costs as
areach of the user's request to schedule functions after hours, on weekends, or
ohm usage otherwise nitches additional time by Bangor Police Department
staff.
5. Accept the liability for injuries or death of the user's repremostive(s), Bangor
Police Department staff representatives, or my other person or parsons in
attendance as a result of negligent or malicious acts of my individuals involved in
the usage.
Iohn�D Wmomgm
For BaMor Pon" Department Training D1Wsam me only:
Approv ' sue app vdl 0.hw:BrnGlonwu: 'On Poe R14Yo so
uA 047
BANGOR POLICE DEPARTMENT INDOOR FIREARMS RANGE
COMPLIANCE AGREEMENT
MUST BE SIGNED BEAM PERSONS NOTEMPLOYED BY ME BANGOR
POLICEDEPARTMENT, PRIOR TO USING ME RANGE
RULES AND REGULATIONS
General
1. The firearms range shall only be used for authorized training which may require
the discharge of firemen. No other activities are allowed to take Place on the
Emmons mage.
2. The firearms range shall be kept clean and safe from recognized health hazards to
protect the health and personal safe y of employm.
3. The Bogor Police Department shall strive to minimize dangers to employees and
vrmuns who use the Firearms Range.
4. The Firearms Range shall not be need unless at least two properly trained
personnel are present within the wagers of the Firearms Rsage, or unless a
properly trained and approval frcu ms marrucmr is present.
5. Prior to using the Firearms Range, permission MUSTbe granted by the On -Duty
Commanding OfiSar.
6. All persons who use the Incomes Range shall use appropriate Personal Protective.
Equipment, i.e., eye and ear protection while firearms are being discharged.
7. If an incident or situation exists that creates hundred danger, the operation of the
Firearms Range shall wase, all weapons shall be immediately seemed and the
Commanding Officer shall be immediately notified.
8. No smoking, erring, or drinking in the Immune range at anytime.
9. The On -Duty Commanding Officer MUST be notified when use of the Firearms
Range is terminated.
10. All now within the police department facility, including the Firearms Range,
remain under the control of the Bangor Police Department.
11. Non -employees who are trained in the use of the Firestone; Range are NOT
authorized to use the Firearms Range unless: accompanied by an authorized
Firearms Instructor who has Bern approved by the Range Masts, or accompanied
by a properly trained employee.
12. Non-uaployees who are not unined in Neuse of the Firestone Range are not
authorized b use the range unless accompanied by an authorized Firemms
Instructor who has been approved by the Range Master.
Authorized Firearms and Ammunition
L All.22 caliber rim fire firearms and ammunition.
2. All numterfirehandguaswithabulletwelght less Nan 500 grodwand avelocity
less two 1,800 fee[ per second.
3. .223 center fire rifles with shadier weight less Nan 70 Sudan and velocity less
than 3,200 feet per second.
08 047
4. All use of shotguns is Ended to one ofAor 400 buck shot shells. Slugs and bind
shot ere allowed with audamo um by the Bangor Police Department Range
Master.
5. All rills and handgun ammunition must be of a round nose configuration
composed of lead and/or copper jacket. Use of hollow point or any other
ammunition is strictly mntrolked and may not he used without pn>approval by the
Bangor Police Dep Orman Range Master.
6. Use of fully automatic weapons is prohibited, unless such use is preapproved by
the Bangor Police Depamnent Range Master.
PROCEDURES
General
1. Prior to the initialization of my training on the Firearms Range, the following roust
be ensured:
a. All firearms are clear and safe.
b. All Foreman Range doors are closed and secured.
C. Everyone using the facility knows the telephone location.
d. The telephone is operational and the Command Office (ext. 5840)has
been command for a communications check
a All participants have received instructions on firing and safety p000dures,
and they understand that the command CEASE FIRE is to be issued by
ANYONE who witnesses an unsafe act or condition.
f The fire extinguisher(located in the hallway by the Firearms Range
entrance is present and charged).
g. The location of the fire alarm is known by all participants.
It. All participants know the location of fire exits.
L The Firearms Instructor has been trained in the proper operation of the
ventilation system, bulla trap system, and target retrieval system
2. During organized training sessions, the Firearms Instructor will:
a. Observe all firing.
b. Make certain that all famous are clear and safe, or holstered in a safe
holster, before anyone proceeds beyond the firing fine.
a Gve the command "The Eve is clear" before anyone is allowed to
proceed beyond the fidag line.
d. Command a "Cease FYre' if any unsafe ad is observed.
e. Ensure that all firearms are handled in accordance with established safety
procedures.
3. At the completion of use of the Firearms Range, all users shall:
a. Make certain all firearms ate empty, except that Law mforcem®t officers
may load firearms with duty or off duty ammunition so long as they can
manadiately place the firearm in an authorized holster or storage
Container.
b. Pick up all expended shell casings and dispose of them in the appropriate
recyclereceptackes.
v3 G47
C. Ensure that all paper is placed in the recycle hive located outsidethe
firearms mage entrance. Ensure only paper is put in the recycle bins.
d. Cardboard, boxes and any other items not made of Mer most be placed in
the appropriate trash containers Trash customers most be set outside the
range entrance at the end of the firing period.
e. Range room may be assessed a clean up fee in the amount of $50,00
should the firearms mage be found littered.
f Tun off the ventilation system and room lights.(Mancom proceasom must
be left in ON position).
g Notify the ON -DUTY Commander that the session is complete, and
secure the firearms mage entrance door.
RESPONSIBILITIES
1. MI Users of the Firearms Range are responsible for:
a. Their own personal safety and the safety of others who are present in and
around the Firearms Jorge.
b. Proper care of the facility and equipment.
C. Clean-up of the Firearms Range following its use and prior to leavingthe
building.
d. Ensure that the Firearms Range ventilation system is working properly
both prior W, and during the discharge of Incomes. In the event that the
ventilation system will not keep up with the amount ofdischarge taking
place, all participants will leave the firearms range for a period long
enough W allow the venfilation to change the air (5 W 10 minutes).
e. Reporting any damage or malfunction of my range equipment W the
Bangor Police Department unduly Commanding Officer as soon as
discovered. Damage other than normal went wad tear will be the
responsibility of the frustum range user. Cost for damage, other than
normal wear and her, will be assessN W the responsible firearms range
se .
f. Commanding the Firearms Range key cardBr is remmedW the on -duty
Commanding Officer immediately after firivg is completed for the day.
I The Firearms Inummor is responsible fin:
a. Ensuring the safety of all personnel in and around the Firearms Range.
b. Compliance with the procedural and safety directives of the Bangor Police
Department Famous Ranged Policy.
FAILURET (DE BYTEEfEHOl R I YW/LL FP.tULTA'
SUSPENSION OF FIRPAFMS RANGE PFII 6EGM
John D. Nadeau U.S. Customs & Border Protection
Pana N.m. aw•nm +awn o.o
38 047
BANGOR POLICE DEPARTMENT FIREARMS RANGE
COMPLIANCE AGREEMENT
I have read the Banger Police Department Indoor Fireanns Range Compliance
Agreement, and I agree to comply with the Rules and Regulations, Procedures and
Responsibilitim