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HomeMy WebLinkAboutResolution - 2009-R0214 - Agreement - US DEA - Use Of City Owned Training Facilities - 05/28/2009Resolution No. 2009-80214 May 28, 2009 Item No. 5.21 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS 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 Drug Enforcement Administration for the use of City -owned training facilities, a copy of which Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein. Passed by the City Council this 28th day of May , 2409. TOM MARTIN, MAYOR ATTEST: Re eccf Garza, City Secretary AP OVED%AS TO CO T: Dale R51ton, Chief of Police APPROVED AS TO FO 4"� JC arold Willard, Assistant Cily Attorney ccdocs/Resolution-DEA. res Apri128, 2009 Resolution No. 2004-80214 AGREEMENT Contract: 9013 This Agreement is entered into on this 28th day of May ,2009, between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation, and the United States Drug Enforcement Administration (DEA). 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 DEA is in need of certain training facilities to train its employees in law enforcement techniques; and WHEREAS, the DEA 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 DEA'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 DEA 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 Range, Rifle Range, and Tactical Training Building at 1 i 602 West 19y' Street. The DEA 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 DEA agrees that all its employees 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 fully set forth herein (the "Rules"). The DEA 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 DEA's employees from entering the Facility and/or immediate termination of this Agreement. 4. The DEA 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 DEA 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 DEA 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 DEA 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 DEA. 8. The term of this Agreement shall be for six (6) years, beginning on April 1, 2009. CITY OF LUBBOCK, TEXAS: ENTITY: TOM MARTIN, MAYOR Date Executed: May 28, 2009 ATTEST: Q , 0"' Rebecc Garza, City Secretary APPROVED AS TO CONTENT: Dale Holton, Chief of Police APPROVED AS TO FORM:. 44wa . //),. -" 0 H cold Willard, Assistant City Attorney LPD Firing Range Agreement 3/31/2009 BY: f Na : Ja es'T- Capra Ti e: Spec'al Agent in Charge A ncy: U Drug Enforcement Administrate n Date Executed: _2 0 I Resolution No. 2009-RO214 L.P.D. RANGE RULES 1. Only persons authorized by the academy Lieutenant or Captain may possess firing range/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/bomb range, obstacle course or classroom key maybe made or issued without authorization of the academy Lieutenant or Captain. 3. ALL use of the firing ranges, obstacle course, bomb range 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 firinglbomb ranges 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 Lieutenant or Captain. 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 Lieutenant or Captain 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/bomb range being used or obstacle course when it is being used. 6. Authorized persons are sworn officers of the LPD, sworn law enforcement officers from other agencies as approved by the academy Lieutenant or Captain, when they have properly scheduled their time at the facility, and others as approved by the academy Lieutenant or Captain. 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. 11. Do not drive or parte vehicles on the concrete outside of the firing ranges. 12. No horseplay. 13. Clean the range (properly dispose of brass and trash) and properly store any target materials when you have concluded your training. 14. Ensure that all facilities used (restrooms, control rooms etc,) are secured before leaving. 15. Agencies from outside the Lubbock Police Department shall furnish a letter from their agency head stating the purpose of the training. 16. Outside agencies are limited to 4 training sessions per month_ (rev 6-2-06)