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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 08 047 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. L�'T/✓�V`V""� V"�" R IIR-114] � CIPS dEH[ ! j bbe �� Utbortafog " Agieeorbt for Use of '{H n8 POI IIDePaa c tr � gouge by lther Law eoforceveot Agencies I, 1 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. 08 047 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