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HomeMy WebLinkAboutResolution - 2010-R0154 - Agreement W/TTU Army Reserve Officer Training Corps For Use Of City Facilities - 03/25/2010Resolution No. 2010—RO154 March 25, 2010 Item No. 5.31 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Texas Tech University Army Reserve Officer Training Corps for the use of City -owned training facilities, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: 25th day of CQ-e_��, S)-� Rebecca cr Rebecca -Garza, City Seetary 0 APPROVED AS TO CONTENT: r Dale Holton, Chief of Police APPROVED AS TO FORM: March , 2010. TOM MARTIN, MAYOR as/ccdocs.Reso.TTU Army Reserve Officer Training Corps 2.1.10 AGREEMENT Resolution No. 2010-RO154 March This Agreement is entered into on this 25th da) of E!A�� 2010, between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation, and the Texas Tech University Army Reserve Officer Training Corps (ROTC). WHEREAS, the City of Lubbock owns and operates Police Training Facilities located at 11602 W. 19"' Street, Lubbock, TX and 508 Davis Drive, Lubbock, TX (the "Facility"); and WHEREAS, the Texas Tech Army ROTC is in need of certain training facilities to train its cadre members and cadets in military techniques; and WHEREAS, the Texas Tech Army ROTC acknowledges that the Facility is acceptable for its required personnel training requirements and, as such, desires to train its cadre members and cadets at the Facility; and WHEREAS, the City finds that the training of the Texas Tech Army ROTC's cadets shall increase the readiness of adequately and properly trained military; NOW THEREFORE: 1. The City agrees to permit cadre members and cadets of the Texas Tech Army ROTC to enter the Facility for training purposes in accordance with the terms and provisions of this Agreement. Texas Tech Army ROTC cadre members and cadets shall be permitted to enter those portions of the Facility as follows: Pistol Range, Rifle Range, Obstacle Course, and Tactical Training Building of 11602 fflest I9"' Street. The Texas Tech Army ROTC cadre members and cadets shall only be allowed to enter those portions listed in this Paragraph 1 and shall not otherwise be permitted to utilize or enter any other portion of the Facility not listed herein. 2. Either Party may decide to terminate this Agreement for any reason upon written notice. In the event either party elects to terminate this Agreement as provided herein, this Agreement shall cease as if the day of the terminating party's election to terminate was the day originally Fixed in this Agreement for its expiration. 3. The Texas Tech Army ROTC agrees that all its cadre members and cadets which enter upon the Facility shall be informed of all conditions of the City of Lubbock Police Department's Range Rules, which are attached hereto and incorporated as if frilly set forth herein (the "Rules"). The Texas Tech Army ROTC shall be responsible for its cadre members' and cadets' conduct and adherence to said rules. Violation of the Rules may result in the City banning any or all of the Texas Tech Army ROTC's cadre members and cadets from entering the Facility and/or immediate termination of this Agreement. 4. The Texas Tech Army ROTC shall be responsible for any and all losses, damages, claims or liabilities caused or contributed by, in any way, manner or form, the act or omission of the Texas Tech Army ROTC's cadre members and cadets or to any guests or observers accompanying the Texas Tech Army ROTC's cadre members and cadets. 5. The City, and its respective officers, employees, elected officials and agents, shall not be liable, and the Texas Tech Army ROTC hereby releases the City, and its respective officers. employees, elected officials and agents, for, from and/or against any losses, damages, claims or liabilities to the Texas Tech Army ROTC, on any theory of legal liability, including, but not limited to the negligence, of any type of degree, or fault. of the City, arising from or related to, in any way, manner of form, the unenforceability or voidance, for any reason, of all or any part of this Agreement. This release shall survive the termination or voidance of this Agreement. 6. Texas Tech Army ROTC shall procure, carry and'or maintain, at its sole cost and expense through the life of this Agreement, insurance or other similar protection in a form, substance, and'or amount satisfactory to the City and covering all aspects and any operations in connection with this Agreement including, but not limited to, workers' compensation coverage. 7. The relationship between the City and the Texas Tech Army ROTC is at all times solely that of contractor/contractee, and may not be deemed, in any event, a partnership or a joint venture, and conveys no other rights or privileges. 8. The execution, delivery and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all requisite legal action on the part of the Texas Tech Army ROTC. 9. The term of this Agreement shall be for six (6) years, beginning on March 15, 2010. CITY OF LUBBOCK, TEXAS: TOM MARTIN, MAYOR March Date Executed: x 25, 2010 ATTEST: Rebec c Garza, City Secretary APPROVED AS TO CONTENT: Dale Holton, Chief of Police APPROVED AS TO FORM: Amy Si ss• t Atto LP mg Range Agreement 1125!2010 ENTITY: BY: _ Name: John . per Title: Lieutenant Colonel, Texas Tech ROTC Agency: U.S. Army Cadet Command Date Executed: 7 Resolution No. 2010—R0154 L.P.D. RANGE RULES 1. Only persons authorized by the police academy captain or sergeant may possess firing range, tactical training building, obstacle course, or classroom keys. Keys will be available at the academy for officers to borrow. These keys will be returned immediately after using the facilities. If the academy is not open, officers will place the keys in the drop box located outside the front doors of the academy. The firing range classroom keys will be placed in the lockbox located on the washroom -building wall before leaving the premises. Officers will not loan their key to any other person. 2. No firing range, tactical training building, obstacle course or classroom key maybe made or issued without authorization of the academy captain or sergeant. 3. ALL use of the firing range, bomb range, tactical training building, obstacle course, classroom or any other facilities located on the firing range property must be scheduled through academy personnel (during normal academy hours) prior to use, regardless of the day, date or time of the anticipated use. 3. No incendiary, explosive or heat generating devices (other than traditional small arms ammunition being fired from firearms, i.e. pistols, shotguns & rifles) or open flame may be used on any portion of the firing range, bomb range, or obstacle course property when a City Of Lubbock or Lubbock County burn ban is in effect, or if sustained wind speeds are over 20 miles per hour, unless and as authorized by the academy captain or sergeant. a) If there are exigent circumstances and there is no time to seek authorization, explosives may be disposed of without prior authorization. However, the academy captain or sergeant will be notified as soon as practicable. b) Any holes or depressions made in the ground will be refilled with dirt before the bomb technician leaves the range. 5. A minimum of two authorized persons shall be on the firing range, bomb range, tactical training building, or obstacle course when being used. 6. Authorized persons are sworn officers of the LPD, sworn law enforcement officers from other agencies as approved by the academy captain or sergeant when they have properly scheduled their time at the facility, and others as approved by the academy captain or sergeant. 7. No rifles may be fired on the pistol range. 8. Rifles may be fired only on the rifle range. 9. Only personnel trained to operate the target system may operate it. 10. While on the firing range, a ballistic vest, eye and hearing protection, and a hat with a brim are required to be wom by all persons on the range at all times while firing is being conducted. 11. No horseplay. 12. Clean the range (properly dispose of brass and trash) and properly store any target materials when you have concluded your training. 13. Ensure that all facilities used (restrooms, control rooms etc.) are secured before leaving. 14. Outside agencies are limited to 4 training sessions per month. 15. No live -fire weapons are allowed when using the Tactical Training Building for training exercises. (Revised 1-29-10)