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HomeMy WebLinkAboutResolution - 2010-R0155 - Agreement W/United States Federal Bureau Of Investigation For Use Of City Fac. - 03/25/2010Resolution No. 2010—RO155 March 25, 2010 Item No. 5.32 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 with the United States Federal Bureau of Investigation for the use of City -owned training facilities, a copy of which Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: Rebecea Garza, City Secretary APPROVED AS TO CONTENT: Dale Holton, Chief of Police APPROVED AS TO FORM: Attorney vw:ccdocs.'RBS.Contract-FB1 February 11. 2010 March -25,2010 TOM MARTIN, MAYOR Resolution No. 2010-R0155 AGREEMENT This Agreement is entered into on this 25th day of March 12009, between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation, and the United States Federal Bureau of Investigation (FBI). WHEREAS, the City of Lubbock owns and operates Police Training Facilities located at 11602 W. 19`x' Street, Lubbock, TX and 508 Davis Drive, Lubbock, TX (the "Facility"); and WHEREAS, the FBI is in need of certain training facilities to train its employees in law enforcement techniques; and WHEREAS, the FBI acknowledges that the Facility is acceptable for its required personnel training requirements and, as such, desires to train its employees at the Facility; and WHEREAS, the City finds that the training of the FBI's employees shall increase the presence of adequately and properly trained law enforcement within the City and the surrounding areas and that such training benefits the health, safety and welfare of the City's citizens; NOW THEREFORE: 1. The City agrees to permit employees of the FBI to enter the Facility for training purposes in accordance with the terms and provisions of this Agreement. Entity shall be permitted to enter those portions of the Facility as follows: Pistol Ranke, Rhe Range, and Tactical Training, Building at 11602 West 19`h Street. The FBI employees 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 FBI agrees that all its employees who 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 fully set forth herein (the "Rules"). The FBI shall be responsible for its employees conduct and adherence to said rules. Violation of the Rules may result in the City banning any or all of the FBI's employees from entering the Facility and/or immediate termination of this Agreement. 4. The FBI assumes liability arising from its use of the Facility in accordance with the terms of the Federal Tort Claims Act (28 U.S.C. 2671-2680) and other applicable laws. As an agency of the United States Government, the FBI is self-insured and shall be considered so in this Agreement. Both parties expressly agree that they will not look to the other party to save or hold harmless for liability arising from acts or negligence of responsible party's agents, servants and/or employees engaged in the use of the Facility. Damage to the facility shall be repaid at the expense of the agency at fault, subject to the availability of funding. 5. The FBI 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 be satisfactory to the City and covering all aspects and any operations in connection with this Agreement including, but not limited to, worker compensation coverage. 6. The relationship between the City and the FBI 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. 7. 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 FBI. 8. The term of this Agreement shall be for six (6) years, beginning on the date executed by the Mayor. CITY OF LUBBOCK, TEXAS: TOM MARTIN, MAYOR Date Executed: March 25, 2010 ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Dale Holton, Chief of Police APPROVED AS TO FORM: C�Z "A� 4v'we2. (�' arold Willard, Assistant My Attorney LPD Firing Range Agreement 3131/2009 ENTITY: BY: {U'Gcd-f Name:/Robert E. Casey, Jr.0 �// Title: Special Agent in Charge Agency: Federal Bureau of Investigation, Dallas Division Date Executed: Resolution No. 2010—R0155 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 may be 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 bum 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 swom 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 worn by all persons on the range at all times while firing is being conducted. The FBI may choose to not use ballistic vests at the discretion of the firearms instructor for specific drills where the ballistic vests would present training function problems. 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 2-10-10 per FBI's Request regarding ballistic vests)