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HomeMy WebLinkAbout5.371 Original Contract . .-. -- .0 5. ~71 j,{. ~ ~ CITY OF PORT ANGELES FIRING RANGE USER'S AGREEMENT In consideration for the use of the law enforcement firearms training facility which is owned and operated by the City of Port Angeles, each law enforcement agency using said facility agrees as follows: 1. (A) Each non-federal agency agrees to defend, indemnify and hold the City of Port Angeles, its officers, officials, employees and volunteers harmless from and against any and all claims, suits, actions or liabilities for injury or death of any person or for loss or damage to property, which arises out of the use of the premises or for any activity, work or thing done, permitted or suffered by User in or about the Premises, except such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles, its officers, officials, employees or volunteers. (B) Each federal participating agency, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 U.S.c. 1346,2671 - 2680), shall be liable for, and shall hold the City of Port Angeles harmless from, claims for damage or loss of property, personal injury or death caused by the negligent or wrongful acts or omissions of any employee of the Federal government while acting within the scope of his office or employment in the performance of this agreement; PROVIDED that in the event that the Federal government has to pay for any loss, such payment shall not entail expenditures which exceed appropriations available at the time of the loss; PROVIDED FURTHER, that nothing herein shall be C. \MyFlles\MEMOS\FIREARMSRANGE.AGR. wpd -1- .' .' interpreted as implying that the United States Congress will, at any later date appropriate funds sufficient to meet any deficiencies. 2. Each user agency shall at all times, while using the Range, do so under the supervision of a certified firearms instructor. A copy of the certificate(s) to be on file with the Port Angeles Police Department Administration prior to the use of said facility. 3. Each user agency representative shall acquaint his or her personnel with the firearm Range rules and follow them to enforce compliance at all times. Each user agency shall instruct all its personnel to obey all speed limits in driving to and from the Range and drive cautiously due to the heavy equipment in use around the area. 4. The firearm range rules are attached hereto as Exhibit A and are incorporated herein. 5. User agency personnel shall only use the range as directed by the Port Angeles Police Department Administration or head firearms instructor. 6. Each user agency shall supply its own targets and back stops and shall dispose of trash, including collection of all brass after use of the firearms range. 7. Each user agency shall promptly repair or replace range equipment, facilities or structures as shall be damaged by it's personnel. 8. Each user agency agrees to immediately notify Port Angeles Police Department Administration or Head firearms Instructor of any injury or unsafe condition that occurs during the user agency's use of said facility. 9. Each user agency agrees to pay in a timely fashion the annual Range Use Fee as established by City Ordinance as may be amended by the City Council of the City of Port C \MyFlles\MEMOS\FIREARMSRANGE.AGR. wpd -2- . ' Angeles. The user fee for the year 2000, as set forth in City of Port Angeles Ordinance No. 2812 is attached hereto as Exhibit B. 10. Each user agency agrees that this use Agreement may be amended or revised as deemed necessary. All such revisions shall be in writing and acknowledge by all agencies to this agreement. PARTIES TO AGREEMENT: PORT ANGELES POLICE DEPARTMENT ~~c.R~ Chief, Port Angeles Police Department or authorized designee 1/-/5-00 date AGENCY -SC-L title or authorized designee /1- /3-00 date Attachments: Exhibit A - Firearm Range Rules Exhibit B - Ordinance 2812 C'\MyFlles\MEMOS\FlREARMSRANGE AGR. wpd -3- From: To: Date: Subject: ERICK ZAPPEY ddickson 217/00 6:34am RANGE RULES The following rules are set and posted at the range facility. 1. A qualified range instructor will be present 'at 'all times during live fire training/qualification. 2. No one is allowed to shoot at the range alone. 3. No unauthorized personnel will be allowed on the range during live fire shooting. 4. No alcoholic beverages will be allowed on the range nor consumed by any shooter prior to firing at the range. 5. All guns will be treated as loaded at all times. 6. Never allow a gun muzzle to point at anything that YO\.U are not willing to destroy. 7. Be certain of your target and bullet trajectory. '6. Under no circumstances will rounds be fired that leave the confines of the range walls. 9. Targets will not be placed more then 10 yards from the base of the north range wall. 10. All guns will remain holstered until directed otherwise, by the range instructor. 11. fire only when authorized to do so, by the range instructor. 12. Repair any damage to the range or promptly notify the Port Angeles Police department so that damage can be repaired in a timely manner. 13. Pistol shooting is restricted to the left (west) side of the range. 14. The "on site" range instructor will be obeyed and held responsible for any violation of the range rules. EXHIBIT A .' ORDINANCE NO. ~ AN ORDINANCE of the City of Port Angeles, Washington, establishing the Law Enforcement Firearms Range Fund for administration of funds in connection with the construction, operation and maintenance of a law enforcement firearms :range and further providing for the setting of fees for use of the firing range. ~ ~ r WHEREAS, the City Council finds it necessary to establish a separate internal fund for accounting for the funds used to con- struct, operate and maintain the law enforcement firearms range; and WHEREAS, it will be necessary for range fees for the use of the law enforcement firearms range to be established and to be periodically revised; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. There is hereby established in the City treasury a fund for fiscal administration and accounting of monies appro- priated for or received from other law enforcement agencies for construction, operation and maintenance of the law enforcement firearms range. Said fund shall be entitled "Law Enforcement Firearms Range Fund". Section 2. The Port Angeles Chief of Police shall have the authority, with the final approval of the City Manager, to establish and periodically revise fees for the use of the law enforcement firearms range by other law enforcement agencies. Section 3. The Port Angeles Chief of Police and the Finance Director are charged with the admin~stration of said fund. Section 4. This Ordinance shall be codified as Chapter 3.38 of the Port Angeles Municipal Code. Section 5 - Effective Date. This Ordinance shall take effect as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of sa~d Council held on the 21st day of June 1994. ATTEST: IJC(l\PJ~~. j 11~^- Becky J. Up on, ity Clerk PUBLISHED: June 26,1994 , ~ Attorney "-'ll /PYb'/ - ~ ~ US i3()P-.o~,t?... flL 5.571 CITY OF PORT ANGELES FIRING RANGE USER'S AGREEMENT In consideration for the use of the law enforcement firearms training facility which is owned and operated by the City of Port Angeles, each law enforcement agency using said facility agrees as follows: 1. (A) Each non-federal agency agrees to defend, indemnify and hold the City of Port Angeles, its officers, officials, employees and volunteers harmless from and against any and all claims, suits, actions or liabilities for injury or death of any person or for loss or damage to property, which arises out of the use of the premises or for any activity, work or thing done, permitted or suffered by User. in or about the Premises, except such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles, its officers, officials, employees or volunteers. (B) Each federal participating agency, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 U.S.c. 1346,2671 - 2680), shall be liable for, and shall hold the City of Port Angeles harmless from, claims for damage or loss of property, personal injury or death caused by the negligent or wrongful acts or omissions of any employee of the Federal government while acting within the scope of his office or employment in the performance ofthis agreement; PROVIDED that in the event that the Federal government has to pay for any loss, such payment shall not entail expenditures which exceed appropriations available at the time of the loss; PROVIDED FURTHER, that nothing herein shall be C:\MyFlles\MEMOS\FIREARMSRANGE.AGR wpd -1- interpreted as implying that the United States Congress will, at any later date appropriate funds sufficient to meet any deficiencies. 2. Each user agency shall at all times, while using the Range, do so under the supervision of a certified firearms instructor. A copy of the certificate( s) to be on file with the Port Angeles Police Department Administration prior to the use of said facility. 3. Each user agency representative shall acquaint his or her personnel with the firearm Range rules and follow them to enforce compliance at all times. Each user agency shall instruct all its personnel to obey all speed limits in driving to and from the Range and drive cautiously due to the heavy equipment in use around the area. 4. The firearm range rules are attached hereto as Exhibit A and are incorporated herein. 5. User agency personnel shall only use the range as directed by the Port Angeles Police Department Administration or head firearms instructor. 6. Each user agency shall supply its own targets and back stops and shall dispose of trash, including collection of all brass after use of the firearms range. 7. Each user agency shall promptly repair or replace range equipment, facilities or structures as shall be damaged by it's personnel. 8. Each user agency agrees to immediately notify Port Angeles Police Department Administration or Head firearms Instructor of any injury or unsafe condition that occurs during the user agency's use of said facility. 9. Each user agency agrees to pay in a timely fashion the annual Range Use Fee as established by City Ordinance as may be amended by the City Council of the City of Port C \MyFlles\MEMOS\FIREARMSRANGE.AGR.wpd -2- Angeles. The user fee for the year 2000, as set forth in City of Port Angeles Ordinance No. 2812 is attached hereto as Exhibit B. 10. . Each user agency agrees that this use Agreement may be amended or revised as deemed necessary. All such revisions shall be in writing and acknowledge by all agencies to this agreement. PARTIES TO AGREEMENT: PORT ANGELES POLICE DEPARTMENT \1~~~~ Chief, Port Angeles Police Department or authorized designee 0.1 -.;J..:J. - 0 I date ~"~ AGENCY U.$. 80flf)ef< PA-r!<oL ;J;;;"N Sl'~AUCJi I 5iSNl.oR... PAlfloL. A~NT name and title or authorized designee 1-/7-0) date Attachments: Exhibit A - Firearm Range Rules Exhibit B - Ordinance 2812 C \MyFJles\MEMOS\FlREARMSRANGE.AGR.wpd -3- From: To: Date: Subject: ERICK ZAPPEY ddickson 2/7/00 6:34am RANGE RULES The following rules are set and posted at the range facility. 1. A qualified range instructor will be present at all times during live fire training/qualification. 2. No one is allowed to shoot at the range alone. 3. No unauthorized personnel will be allowed on the range during live fire shooting. 4. No alcoholic beverages will be allowed on the range nor consumed by any shooter prior to firing at the range. 5. All guns will be treated as loaded at all times. 6. Never allow a gun muzzle to point at anything that YOl.U are not willing to destroy. 7. Be certain of your target and bullet trajectory. 8. Under no circumstances will rounds be fired that leave the contines of the range walls. 9. Targets will not be placed more then 10 yards from the base of the north range wall. 10. All guns will remain holstered until directed otherwise, by the range instructor. 11. fire only when authorized to do so, by the range instructor. 12. Repair any damage to the range or promptly notify the Port Angeles Police department so that damage can be repaired in a timely manner. 13. Pistol shooting is restricted to the left (west) side of the range 14. The "on site" range instructor will be obeyed and held responsible for any violation of the range rules. EXHIBIT A .' ORDINANCE NO. ~ AN ORDINANCE of the City of Port Angeles, Washington, establishing the Law Enforcement Firearms Range Fund for administration of funds in connection with the construction, operation and maintenance of a law enforcement firearms range and further providing for the setting of fees for use of the firing range. ~ r ~I 'r WHEREAS, the City Council finds it necessary to establish a separate internal fund for accounting for the funds used to con- struct, operate and maintain the law enforcement firearms range; and WHEREAS, it will be necessary for range fees for the use of the law enforcement firearms range to be established and to be periodically revised; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. There is hereby established in the City treasury a fund for fiscal administration and accounting of monies appro- priated for or received from other law enforcement agencies for construction, operation and maintenance of the law enforcement firearms range. Said fund shall be entitled "Law Enforcement Firearms Range Fund". Section 2. The Port Angeles Chief of Police shall have the authority, with the final approval of the City Manager, to establish and periodically revise fees for the use of the law enforcement firearms range by other law enforcement agencies. Section 3. The Port Angeles Chief of Police and the Finance Director are charged with the administration of said fund. Section 4. This Ordinance shall be codified as Chapter 3.38 of the Port Angeles Municipal Code. Section 5 - Effective Date. This Ordinance shall take effect as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of June 1994. ATTEST: IJc (I ip j~~t- j b:~ "- Becky J. Up on, ity Clerk PUBLISHED: June 26, 1994 Attorney FIREARMS RANGE FEES - 2000 1 - 4 $125.00 5 - 7 $250.00 8 - 13 $300.00 14 - 19 $350.00 20 - 24 $450.00 25 - 29 $500.00 30 - 34 $550.00 35 + $650.00 AGENCY INSTRUCTOR CERTIFICATE 2000 FEE ON FILE ( IF INCORRECf SEND UPDATED CERTIFICATE TO PAPD ADMIN) BORDER PATROL JOHN STRAUGH, MIKE BAKER $ 250 00 CLALLAM COUNTY SHERIFF'S JOHN BRYANT, JAMES BYSE, $ 650 00 DEPARTMENT RANDY PIEPER, NICK TURNER COAST GUARD ERIC MONGAR $ 650 00 CUSTOMS JOHNSTAZEL. DONALD $ 350 00 GODFREY LOWER EL WHA TRIBAL POLICE MIKE LASNIER $ 250 00 OLYMPIC NATIONAL PARK MIKE BUTLER 0 SEQUIM BAY STATE PARK STEVE CHRISTENSEN $ 450 00 SEQUIM POLICE DEPARTMENT RONALD CARTER $ 350 00 WASHINGTON STATE PATROL KEN SMELCER $ 450 00 c Cheryl Possmger, Fmance Erick Zappey, Rangemaster File RANGE FEES-2000 WPDOCS ~~ 5.37/ STATE OF WASHINGTON WASHINGTON STATE PATROL General Administration Building, PO Box 42600 · Olympia, Washington 98504-2600 . (360) 753-6540 July 19, 2000 City of Port Angeles Police Department 321 E. Fifth Street P. O. Box 1150 Port Angeles, W A 98362 Enclosed are two signed originals of the agreement between the Washington State Patrol and the City of Port Angeles. Once an approved representative of your organization has signed the agreements, please return one fully executed original to the following: Mr. Jeff Hugdahl Budget and Fiscal Services Washington State Patrol PO Box 42602 Olympia W A 98504-2602 The Washington State Patrol agreement tracking number is CO 1 0020GSC. This number should be used on all correspondence regarding the agreement. If you need further assistance, please contact Mr. Hugdahl at (360) 753-0602. Thank you. Sincerely, CHIEF ANNETTE M. SANDBERG ;:k~1l2 Captain Steven T. ~ll \ Budget and Fiscal Set:Yicd STJ:JRH:amj Enclosures ~. o COIOOZOGSC RECEIVED JUL 0 7 2000 PRO~ MGMT. CITY OF PORT ANGELES FIRING RANGE USER'S AGREEMENT In consideration for the use of the law enforcement firearms training facility which is owned and operated by the City of Port Angeles, each law enforcement agency using said facility agrees as follows: 1. (A) Each non-federal agency agrees to defend, indemnify and hold the City of Port Angeles, its officers, officials, employees and volunteers harmless from and against any and all claims, suits, actions or liabilities for injury or death of any person or for loss or damage to property, which arises out of the use of the premises or for any activity, work or thing done, permitted or suffered by User in or about the Premises, except such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles, its officers, officials, employees or volunteers. (B) Each federal participating agency, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 U.S.c. 1346,2671 - 2680), shall be liable for, and shall hold the City of Port Angeles harmless from, claims for damage or loss of property, personal injury or death caused by the negligent or wrongful acts or omissions of any employee of the Federal government while acting within the scope of his office or employment in the performance ofthis agreement; PROVIDED that in the event that the Federal government has to pay for any loss, such payment shall not entail expenditures which exceed appropriations available at the time of the loss; PROVIDED FURTHER, that nothing herein shall be C \MyFtles\MEMOS\FIREARMSRANGE.AGR.wpd -1- . . COI0020GSC interpreted as implying that the United States Congress will, at any later date appropriate funds sufficient to meet any deficiencies. 2. Each user agency shall at all times, while using the Range, do so under the supervision of a certified firearms instructor. A copy of the certificate(s) to be on file with the Port Angeles Police Department Administration prior to the use of said facility. 3. Each user agency representative shall acquaint his or her personnel with the firearm Range rules and follow them to enforce compliance at all times. Each user agency shall instruct all its personnel to obey all. speed limits in driving to and from the Range and drive cautiously due to the heavy equipment in use around the area. 4. The firearm range rules are attached hereto as Exhibit A and are incorporated herein. 5. User agency personnel shall only use the range as directed by the Port Angeles Police Department Administration or head firearms instructor. 6. Each user agency shall supply its own targets and back stops and shall dispose of trash, including collection of all brass after use of the firearms range. 7. Each user agency shall promptly repair or replace range equipment, facilities or structures as shall be damaged by it's personnel. 8. Each user agency agrees to immediately notifY Port Angeles Police Department Administration or Head firearms Instructor of any injury or unsafe condition that occurs during the user agency's use of said facility. 9. Each user agency agrees to pay in a timely fashion the annual Range Use Fee as established by City Ordinance as may be amended by the City Council of the City of Port C \MyFdes\MEMOS\FIREARMSRANGE AGR.wpd -2- COl0020GSC Angeles. The user fee for the year 2000, as set forth in City of Port Angeles Ordinance No. 2812 is attached hereto as Exhibit B. 10. Each user agency agrees that this use Agreement may be amended or revised as deemed necessary. All such revisions shall be in writing and acknowledge by all agencies to this agreement. PARTIES TO AGREEMENT: PORT ANGELES POLICE DEPARTMENT f' \/~J 8.R~ Chief, Port Angeles lice Department or authorized designee WASHINGTON STATE PATROLA-GENeY A ASSISTANT ATTORNEY GENERAL Attachments: Exhibit A - Firearm Range Rules Exhibit B - Ordinance 2812 C'\MyFiles\MEMOS\FIREARMSRANGE AGR wpd -3- 07jo>fLO date 7tfZ.(ZeJdb date ~and~ c ~ 7/10/'':>4) CO) 0020GSC From: To: Date: Subject: ERICK ZAPPEY ddickson 2/7/00 6:34am RANGE RULES The following rules are set and posted at the range facility 1. A qualified range instructor will be present at all times during live fire training/qualification. 2. No one is allowed to shoot at the range alone. 3 No unauthorized personnel will be allowed on the range during live fire shooting. 4. No alcoholic beverages will be allowed on the range nor consumed by any shooter prior to firing at the range. 5. All guns will be treated as loaded at all times. 6. Never allow a gun muzzle to point at anything that YOUJ are not willing to destroy. 7. Be certain of your target and bullet trajectory. 8. Under no circumstances will rounds be fired that leave the confines of the range walls. 9. Targets will not be placed more then 10 yards from the base of the north range wall. 10. All guns will remain holstered until directed otherwise, by the range instructor. 11. fire only when authorized to do so, by the range instructor. 12. Repair any damage to the range or promptly notify the Port Angeles Police department so that damage can be repaired in a timely manner. 13. Pistol shooting is restricted to the left (west) side of the range. 14. The "on site" range instructor will be obeyed and held responsible for any violation of the range rules. EXHIBIT A o ~ ~ ~ ,.;(:""111 ',' \", ifY? II nrjO(;l("('r \tAlI t lUoc.Ub~ CITY OF . ~ORTANGELES .~ WAS H I N G TON, U. S. A. POLICE DEPARTMENT Date: June 23, 1999 To: Jack Pittis, Interim City manager From: By: Steve Ilk, Chief Tom Riepe, Deputy Chief Subject: Firearms Range Fees - Proposed Increases Our firearms range master, Sgt. Erick Zappey, has proposed that we raise the annual user fees for the firearms range and training facility. We believe the current fees are quite modest (see attached) and don't cover our maintenance costs. The primary users of the range, in addition to the Port Angeles Police Department, are the Clallam County Sheriff's Department, U.S. Customs, U.S. Border Patrol, USCG, Elwha Tribal Police and Washington State Fish and Game. Per City Ordinance No. 2812 (attached), we are requesting your approval of the following proposed fee schedule starting in the year 2000. Agency Size (# of personnel using the facility) Current Fees Proposed Fees (2000) 1-4 5-7 8-13 14-19 20-24 25-29 30-34 35+ $75.00 $105.00 $160.00 $266.00 $360.00 $425.00 $480.00 $525.00 ~ tRIld (ill 9~~ I r:hAU...,.Pl ?:>I? ~. ~ /01 , \~ . u1J :;.;)/). The proposed fee increases should bring our basic annual range fee revenue to $2,350 and b~d oi:. our communications with the user agencies be very acceptable to them. Thank you for your consideration. Attachment 102-99-460 cc: Sgt. Zappey EXHIBIT B CO] nozOGsc ORDINANCE NO. 2..8..1...2. AN ORDINANCE of the City of Port Angeles, Washington, establishing the Law Enforcement Firearms Range Fund for administration of funds in connection with the construction, operation and maintenance of a law enforcement firearms range and further providing for the setting of fees for use of the firing range. ~- ~ ~ r WHEREAS, the City Council finds it necessary to establish a separate internal fund for accoun~ing for the funds used to con- struct, operate and maintain the law enforcement firearms range; and WHEREAS, it will be necessary for range fees for the use of the law enforcement firearms range to be established and to be periodically revised; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. There is hereby established in the City treasury a fund for fiscal administration and accounting of monies appro- priated for or received from other law enforcement agencies for construction, operation and maintenance of the law enforcement firearms range. Said fund shall be entitled "Law Enforcement Firearms Range Fund". Section 2. The Port Angeles Chief of Police shall have the authority, with the final approval of the City Manager, to establish and periodically revise fees for the use of the law enforcement firearms range by other law enforcement agencies. Section 3. The Port Angeles Chief of Police and the Finance Director are charged with the administration of said fund. Section 4. This Ordinance shall be codified as Chapter 3.38 of the Port Angeles Municipal Code. Section 5 - Effective Date. This Ordinance shall take effect as provided by law. PASSED by the city Council of the city of Port Angeles at a regular meet~ng of said Council held on the 21st day of June 1994. ~.J< ~~UA MAY ~ \.. APPROVED AS TO FORM. : U \ ~ ') . / craig D~ Knutson, City Attorney ATTEST: ~~Cl'~\~~. j ~~^- PTTRT.TC:l-!"~. 1,,"" "Co 1 nn^ 5.8ft , < CITY OF PORT ANGELES FIRING RANGE USER'S AGREEMENT In consideration for the use of the law enforcement firearms training facility which is owned and operated by the City of Port Angeles, each law enforcement agency using said facility agrees as follows: 1. (A) Each non-federal agency agrees to defend, indemnify and hold the City of Port Angeles, its officers, officials, employees and volunteers harmless from and against any and all claims, suits, actions or liabilities for injury or death of any person or for loss or damage to property, which arises out ofthe use of the premises or for any activity, work or thing done, permitted or suffered by User in or about the Premises, except such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles, its officers, officials, employees or volunteers. (B) Each federal participating agency, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 U.S.C. 1346,2671 - 2680), shall be liable for, and shall hold the City of Port Angeles harmless from, claims for damage or loss of property, personal injury or death caused by the negligent or wrongful acts or omissions of any employee of the Federal government while acting within the scope of his office or employment in the performance of this agreement; PROVIDED that in the event that the Federal government has to pay for any loss, such payment shall not entail expenditures which exceed appropriations available at the time of the loss; PROVIDED FURTHER, that nothing herein shall be C:\MyFlles\MEMOS\FIREARMSRANGE.AGR. wpd -1- . interpreted as implying that the United States Congress will, at any later date appropriate funds sufficient to meet any deficiencies. 2. Each user agency shall at all times, while using the Range, do so under the supervision of a certified firearms instructor. A copy of the certificate( s) to be on file with the Port Angeles Police Department Administration prior to the use of said facility. 3. Each user agency representative shall acquaint his or her personnel with the firearm Range rules and follow them to enforce compliance at all times. Each user agency shall instruct all its personnel to obey all speed limits in driving to and from the Range and drive cautiously due to the heavy equipment in use around the area. 4. The firearm range rules are attached hereto as Exhibit A and are incorporated herein. 5. User agency personnel shall only use the range as directed by the Port Angeles Police Department Administration or head firearms instructor. 6. Each user agency shall supply its own targets and back stops and shall dispose of trash, including collection of all brass after use of the firearms range. 7. Each user agency shall promptly repair or replace range equipment, facilities or structures as shall be damaged by it's personnel. 8. Each user agency agrees to immediately notify Port Angeles Police Department Administration or Head firearms Instructor of any injury or unsafe condition that occurs during the user agency's use of said facility. 9. Each user agency agrees to pay in a timely fashion the annual Range Use Fee as established by City Ordinance as may be amended by the City Council of the City of Port C \MyFlles\MEMOS\FIREARMSRANGE.AGR wpd -2- " Angeles. The user fee for the year 2000, as set forth in City of Port Angeles Ordinance No. 2812 is attached hereto as Exhibit B. 10. Each user agency agrees that this use Agreement may be amended or revised as deemed necessary. All such revisions shall be in writing and acknowledge by all agencies to this agreement. PARTIES TO AGREEMENT: PORT ANGELES POLICE DEPARTMENT \rf~c:~~ Chief, Port Angeles Poh e Department or authorized designee t3 ~3 -00 date t/71 of 6E&tI/M AGENCY nL.lcE ~t.~ n e and title 0 authonzed deSIgnee B YI(~/tI t.. ;.!EL"tJ/V till EF c? r- n t./?e I}tI,{,tI ~ T 1 -f2 tf-rl date Attachments: Exhibit A - Firearm Range Rules Exhibit B - Ordinance 2812 C \MyFiles\MEMOS\FlREARMSRANGE AGR.wpd -3- ~. From: To: Date: Subject: ERICK ZAPPEY ddickson 211/00 6:34am RANGE RULES The following rules are set and posted at the range facility. 1. A qualified range instructor will be present 'at 'all times during live fire training/qualification. 2. No one is allowed to shoot at the range alone. 3. No unauthorized personnel will be allowed on the range during live fire shooting. 4. No alcoholic beverages will be allowed on the range nor consumed by any shooter prior to firing at the range. 5. All guns will be treated as loaded at all times. 6. Never allow a gun muzzle to point at anything that YO\.ll are not willing to destroy. 7. Be certain of your target and bullet trajectory. '8. Under no circumstances will rounds be fired that leave the confines of the range walls. 9. Targets will not be placed more then 10 yards from the base of the north range wall. 10. All guns will remain holstered until directed otherwise, by the range instructor. 11. fire only when authorized to do so, by the range instructor. 12. Repair any damage to the range or promptly notify the Port Angeles Police department so that damage can be repaired in a timely manner. 13. Pistol shooting is restricted to the left (west) side of the range. 14. The "on site" range instructor will be obeyed and held responsible for any violation of the range rules. EXHIBIT A . " ORDINANCE NO. 2812 AN ORDINANCE of the City of Port Angeles, Washington, establishing the Law Enforcement Firearms Range Fund for administration of funds in connection with the construction, operation and maintenance of a law enforcement firearms .' :range and further providing for the setting of fees for use of the firing range. ~. '\ '" r WHEREAS, the City Council finds it necessary to establish a separate internal fund for account1ng for the funds used to con- struct, operate and maintain the law enforcement firearms range: and WHEREAS, it will be necessary for range fees for the use of the law enforcement firearms range to be established and to be periodically revised: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. There is hereby established in the City treasury a fund for fiscal administration and accounting of monies appro- priated for or received from other law enforcement agencies for construction, operation and maintenance of the law enforcement firearms range. Said fund shall be entitled "Law Enforcement Firearms Range Fund", Section 2. The Port Angeles Chief of Police shall have the authority, with the final approval of the City Manager, to establish and periodically revise fees for the use of the law enforcement firearms range by other law enforcement agencies. Section 3. The Port Angeles Chief of Police and the Finance Director are charged with the administration of said fund. Section 4. This Ordinance shall be codified as Chapter 3.38 of the Port Angeles Municipal Code. Section 5 - Effective Date. This Ordinance shall take effect as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21 s t day of J u n e 1994. ATTEST: ~C{l~J~~k j !i~" Becky J. Up on, ity Clerk PUBLISHED: June 26, 1994 , ~ Attorney OJ II (, 5.87/ -, / CITY OF PORT ANGELES FIRING RANGE USER'S AGREEMENT In consideration for the use of the law enforcement fireanns training facility which is owned and operated by the City of Port Angeles, each law enforcement agency using said facility agrees as follows: 1. (A) Each non-federal agency agrees to defend, indemnify and hold the City of Port Angeles, its officers, officials, employees and volunteers harmless from and agamst any and all claims, suits, actions or liabilities for injury or death of any person or for loss or damage to property, which arises out of the use of the premises or for any activity, work or thmg done, permitted or suffered by User in or about the Premises, except such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles, its officers, officials, employees or volunteers. (B) Each federal participating agency, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 U.S.C. 1346,2671 - 2680), shall be lIable for, and shall hold the City of Port Angeles harmless from, claims for damage or loss of property, personal injury or death caused by the negligent or wrongful acts or omissions of any employee of the Federal government while acting withm the scope of his office or employment m the performance of this agreement; PROVIDED that in the event that the Federal government has to pay for any loss, such payment shall not entail expenditures which exceed appropriations available at the time of the loss; PROVIDED FURTHER, that nothmg herein shall be C \MyFlles\MEMOS\FIREARMSRANGE AGR wpd -1- interpreted as implying that the United States Congress will, at any later date appropriate funds sufficient to meet any deficiencies. 2. Each user agency shall at all times, while using the Range, do so under the supervision of a certified firearms instructor. A copy of the certificate(s) to be on file with the Port Angeles Police Department Administration prior to the use of said facility. 3. Each user agency representative shall acquaint his or her personnel with the firearm Range rules and follow them to enforce compliance at all times. Each user agency shall instruct all its personnel to obey all speed limits in driving to and from the Range and drive cautiously due to the heavy equipment in use around the area. 4. The firearm range rules are attached hereto as Exhibit A and are incorporated herein. 5. User agency personnel shall only use the range as directed by the Port Angeles Police Department Administration or head firearms instructor. 6. Each user agency shall supply its own targets and back stops and shall dispose of trash, including collection of all brass after use of the firearms range. 7. Each user agency shall promptly repair or replace range equipment, facilities or structures as shall be damaged by it's personnel. 8. Each user agency agrees to immediately notify Port Angeles Police Department Administration or Head firearms Instructor of any injury or unsafe condition that occurs dunng the user agency's use of said facility. 9. Each user agency agrees to pay in a timely fashion the annual Range Use Fee as established by City Ordinance as may be amended by the City Council of the City of Port C \MyFiles\MEMOS\FlREARMSRANGE AGR wpd -2- Angeles. The user fee for the year 2000, as set forth in City of Port Angeles Ordinance No. 2812 is attached hereto as Exhibit B. 10. Each user agency agrees that this use Agreement may be amended or revised as deemed necessary. All such revisions shall be in writing and acknowledge by all agencies to this agreement. PARTIES TO AGREEMENT: PORT ANGELES POLICE DEPARTMENT ~jjkMiLJ G;<A~ Chief, Port Angeles Police Department or authorized designee 08 - .::2."5 - OlJ date H#iPKa/ kl 3~r , ~15~/~ name and title or authorize designee C k/~f ~~yPr 8//7/#0 I' . date Attachments: Exhibit A - Firearm Range Rules Exhibit B - Ordinance 2812 C \MyFJles\MEMOS\FlREARMSRANGE.AGR wpd -3- From: To: Date: Subject: ERICK ZAPPEY ddickson 2/7/00 6'34am RANGE RULES The following rules are set and posted at the range facility. 1. A qualified range instructor will be present at all times during live fire training/qualification. 2. No one is allowed to shoot at the range alone. 3 No unauthorized personnel will be allowed on the range during live fire shooting. 4. No alcoholic beverages will be allowed on the range nor consumed by any shooter prior to firing at the range. 5. All guns will be treated as loaded at all times. 6. Never allow a gun muzzle to point at anything that YOlV are not WIlling to destroy. 7. Be certain of your target and bullet trajectory. 8. Under no circumstances will rounds be fired that leave the confines of the range walls. 9. Targets will not be placed more then 10 yards from the base of the north range wall. 10. All guns will remain holstered until directed otherwise, by the range Instructor. 11. fire only when authorized to do so, by the range instructor. 12. Repair any damage to the range or promptly notify the Port Angeles Police department so that damage can be repaired in a timely manner. 13. Pistol shooting is restncted to the left (west) side of the range. 14. The "on site" range instructor will be obeyed and held responsible for any violation of the range rules. EXHIBIT A . . ORDINANCE NO. 2..a.l..Z AN ORDINANCE of the Ci ty of Port Angeles, Washington, establishing the Law Enforcement Firearms Range Fund for administration of funds in connection with the construction, operation and maintenance of a law enforcement firearms range and further providing for the setting of fees for use of the firing range. ~ r ~I 'r WHEREAS, the City Council finds it necessary to establish a separate internal fund for accounting for the funds used to con- struct, operate and maintain the law enforcement firearms range; and WHEREAS, it will be necessary for range fees for the use of the law enforcement firearms range to be established and to be periOdically revised; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. There is hereby established in the City treasury a fund for fiscal administration and accounting of monies appro- priated for or received from other law enforcement agencies for construction, operation and maintenance of the law enforcement firearms range. Said fund shall be entitled "Law Enforcement Firearms Range FUnd". Section 2. The Port Angeles Chief of Police shall have the authority, with the final approval of the City Manager, to establish and periodically revise fees for the use of the law enforcement firearms range by other law enforcement agencies. Sect~on 3. The Port Angeles Chief of Police and the Finance Director are charged with the administration of said fund. Section 4. This Ordinance shall be codified as Chapter 3.38 of the Port Angeles Mun~cipal Code. Section 5 - Effective Date. This Ordinance shall take effect as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of June 1994. ~.J< '~aA MAY CQ \. APPROVED AS TO FORM: II ' ~ Cra~g D~ Knutson, City Attorney ATTEST: J'~ C(I ~ j ~ Trft' -I y.-sIT' ^- Becky J: Up on, ity Clerk PUBLISHED: ,1unp?Fi 1 QQ<1 5.571 CITY OF PORT ANGELES FIRING RANGE USER'S AGREEMENT In consideration for the use of the law enforcement firearms training facility which is owned and operated by the City of Port Angeles, each law enforcement agency using said facility agrees as follows: 1. (A) Each non-federal agency agrees to defend, indemnify and hold the City of Port Angeles, its officers, officials, employees and volunteers harmless from and against any and all claims, suits, actions or liabilities for injury or death of any person or for loss or damage to property, which arises out of the use of the premises or for any activity, work or thing done, permitted or suffered by User in or about the Premises, except such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles, its officers, officials, employees or volunteers. (B) Each federal participating agency, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 D.S.C. 1346, 2671 - 2680), shall be liable for, and shall hold the City of Port Angeles harmless from, claims for damage or l~ss of property, personal injury or death caused by the negligent or wrongful acts or omissions of any employee of the Federal government while acting within the scope of his office or employment in the performance of this agreement; PROVIDED that in the event that the Federal government has to pay for any loss, such payment shall not entail expenditures which exceed appropriations available at the time ofthe loss; PROVIDED FURTHER, that nothing herein shall be C. \MyFlles\MEMOS\FIREARMSRANGE.AGR. wpd -1- interpreted as implying that the United States Congress will, at any later date appropriate funds sufficient to meet any deficiencies. 2. Each user agency shall at all times, while using the Range, do so under the supervision of a certified firearms instructor. A copy of the certificate(s) to be on file with the Port Angeles Police Department Administration prior to the use of said facility. 3. Each user agency representative shall acquaint his or her personnel with the firearm Range rules and follow them to enforce compliance at all times. Each user agency shall instruct all its personnel to obey all speed limits in driving to and from the Range and drive cautiously due to the heavy equipment in use around the area. 4. The firearm range rules are attached hereto as Exhibit A and are incorporated herein. 5. User agency personnel shall only use the range as directed by the Port Angeles Police Department Administration or head firearms instructor. 6. Each user agency shall supply its own targets and back stops and shall dispose of trash, including collection of all brass after use of the firearms range. 7. Each user agency shall promptly repair or replace range equipment, facilities or structures as shall be damaged by it's personnel. 8. Each user agency agrees to immediately notify Port Angeles Police Department Administration or Head firearms Instructor of any injury or unsafe condition that occurs during the user agency's use of said facility. 9. Each user agency agrees to pay in a timely fashion the annual Range Use Fee as established by City Ordinance as may be amended by the City Council of the City of Port C \MyFlIes\MEMOS\FIREARMSRANGE.AGR wpd -2- Angeles. The user fee for the year 2000, as set forth in City of Port Angeles Ordinance No. 2812 is attached hereto as Exhibit B. 10. Each user agency agrees that this use Agreement may be amended or revised as deemed necessary. All such revisions shall be in writing and acknowledge by all agencies to this agreement. PARTIES TO AGREEMENT: PORT ANGELES POLICE DEPARTMENT dj~~~ Chief, Port Angeles Police Department or authorized designee Of' /00/00 date Lower E \w~Q. Po \ I ce. AGENCY ~"'~ name and title or authorized designee ,f683v1 rJ ~ date Attachments: Exhibit A - Firearm Range Rules Exhibit B - Ordinance 2812 C \MyFlles\MEMOS\FIREARMSRANGE AGR wpd -3- ... From: To: Date: Subject: ERICK ZAPPEY ddickson 217/00 6:34am RANGE RULES The following rules are set and posted at the range facility. 1. A qualified range instructor will be present 'at 'all times during live fire training/qualification. 2. No one is allowed to shoot at the range alone. 3. No unauthorized personnel will be allowed on the range during live fire shooting. 4. No alcoholic beverages will be allowed on the range nor consumed by any shooter prior to firing at the range. 5. All guns will be treated as loaded at all times. 6. Never allow a gun muzzle to point at anything that yo~ are not willing to destroy. 7. Be certain of your target and bullet trajectory. '8. Under no circumstances will rounds be fired that leave the confines of the range walls. 9. Targets will not be placed more then 10 yards from the base of the north range wall. 10. All guns will remain holstered until directed otherwise. by the range instructor. 11. fire only when authorized to do so, by the range instructor. 12. Repair any damage to the range or promptly notify the Port Angeles Police department so that damage can be repaired in a timely manner. 13. Pistol shooting is restricted to the left (west) side of the range. 14 The "on site" range instructor will be obeyed and held responsible for any violation of the range rules. EXHIBIT A ~ ORDINANCE NO. 2812 AN ORDINANCE of the City of Port Angeles, Washington, establishing the Law Enforcement Firearms Range Fund for administration of funds in connection with the construction, operation and maintenance of a law enforcement firearms .' J;ange and further providing for the setting of fees for use of the firing range. ~ l\, -......: r WHEREAS, the City Council finds it necessary to establish a separate internal fund for accounting for the funds used to con- struct, operate and maintain the law enforcement firearms range: and WHEREAS, it will be necessary for range fees for the use of the law enforcement firearms range to be established and to be periodically revised: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. There is hereby established in the City treasury a fund for fiscal administration and accounting of monies appro- priated for or received from other law enforcement agencies for construction, operation and maintenance of the law enforcement firearms range. Said fund shall be entitled "Law Enforcement Firearms Range Fund". Section 2. The Port Angeles Chief of Police shall have the authority, with the final approval of the City Manager, to establish and periOdically revise fees for the use of the law enforcement firearms range by other law enforcement agencies. Section 3. The Port Angeles Chief of Police and the Finance Director are charged with the administration of said fund. Section 4. This Ordinance shall be codified as Chapter 3.38 of the Port Angeles Municipal Code. Section 5 - Effective Date. This Ordinance shall take effect as provided by law. PASSED by the City Counc1l of the City of Port Angeles at a regular meeting of sa1d Counc1l held on the 21st day of June 1994. c:r-~.-k S~~..t MAY<( ATTEST: IJCI'~l~~. j y~^- Becky J. Up on, ity Clerk PUBLISHED: June 26 , 1994 , ~ Attorney "" I " c.B?1 1r 1~~1JD IWtei ~ q(5(OO CITY OF PORT ANGELES FIRING RANGE USER'S AGREEMENT In consideration for the use of the law enforcement firearms training facility which is owned and operated by the City of Port Angeles, each law enforcement agency using said facility agrees as follows: 1. (A) Each non-federal agency agrees to defend, indemnify and hold the City of \- Port Angeles, its officers, officials, employees and volunteers harmless from and against any and all claims, suits, actions or liabilities for injury or death of any person or for loss or damage to property, which arises out of the use of the premises or for any activity, work or thing done, permitted or suffered by User in or about the Premises, except such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles, its officers, officials, employees or volunteers. (B) Each federal participating agency, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 U.S.c. 1346,2671 - 2680), shall be liable for, and shall hold the City of Port Angeles harmless from, claims for damage or loss of property, personal injury or death caused by the negligent or wrongful acts or omissions of any employee of the Federal government while acting within the scope of his office or employment in the performance of this agreement; PROVIDED that in the event that the Federal government has to pay for any loss, such payment shall not entail expenditures which exceed appropriations available at the time of the loss; PROVIDED FURTHER, that nothing herein shall be C \MyFlles\MEMOS\FIREARMSRANGE AGR wpd -1- interpreted as implying that the United States Congress will, at any later date appropriate funds sufficient to meet any deficiencies. 2. Each user agency shall at all times, while using the Range, do so under the supervision of a certified firearms instructor. A copy of the certificate(s) to be on file with the Port Angeles Police Department Administration prior to the use of said facility. 3. Each user agency representative shall acquaint his or her personnel with the firearm Range rules and follow them to enforce compliance at all times. Each user agency shall instruct \- all its personnel to obey all speed limits in driving to and from the Range and drive cautiously due to the heavy equipment in use around the area. 4. The firearm range rules are attached hereto as Exhibit A and are incorporated herein. 5. User agency personnel shall only use the range as directed by the Port Angeles Police Department Administration or head firearms instructor. 6. Each user agency shall supply its own targets and back stops and shall dispose of trash, including collection of all brass after use of the firearms range. 7. Each user agency shall promptly repair or replace range equipment, facilities or structures as shall be damaged by it's personnel. 8. Each user agency agrees to immediately notify Port Angeles Police Department Administration or Head firearms Instructor of any injury or unsafe condition that occurs during the user agency's use of said facility. 9. Each user agency agrees to pay in a timely fashion the annual Range Use Fee as established by City Ordinance as may be amended by the City Council of the City of Port C \MyFdes\MEMOS\FIREARMSRANGE AGR wpd -2- Angeles. The user fee for the year 2000, as set forth in City of Port AJ:1geles Ordinance No. 2812 is attached hereto as Exhibit B. 10. Each user agency agrees that this use Agreement may be amended or revised as deemed necessary. All such revisions shall be in writing and acknowledge by all agencies to this agreement. PARTIES TO AGREEMENT: PORT ANGELES POLICE DEPARTMENT \- d~K;~0 Chief, Port Angeles Polic Department or authorized designee 9/II/c;O F I date CLALLAM COUNTY AGENCY S- 0 .:Y../fltm~ .5 I U()O date Approved as to form: ~~~ Christopher Melly, Deputy ~ ~~ 419t:JO -----OJ L date Attachments: Exhibit A - Firearm Range Rules Exhibit B - Ordinance 2812 C \MyFIles\MEMOS\FIREARMSRANGE AGR.wpd -3- From: To: Date: Subject: ERICK ZAPPEY ddickson 217/00 6:34am RANGE RULES The following rules are set and posted at the range facility. 1. A qualified range instructor will be present 'at 'all times during live fire training/qualification. 2. No one is allowed to shoot at the range alone. 3. No unauthorized personnel will be allowed on the range during live tire shooting. 4. No alcoholic beverages will be allowed on the range nor consumed by any shooter prior to firing at the range. 5. All guns will be treated as loaded at all times. 6. Never allow a gun muzzle to point at anything that yo~ are not willing to destroy. 7. Be certain of your target and bullet trajectory. '6. Under no circumstances will rounds be fired that leave the confines of the range walls. 9. Targets will not be placed more then 10 yards from the base of the north range wall. 10. All guns will remain ho/stered until directed otherwise, by the range instructor. 11. fire only when authorized to do so, by the range instructor. 12. Repair any damage to the range or promptly notify the Port Angeles Pollee department so that damage can be repaired in a timely manner. 13. Pistol shooting is restricted to the left (west) side of the range. 14. The "on site" range instructor will be obeyed and held responsible for any violation of the range rules. EXHIBIT A . ORDINANCE NO. ~ AN ORDINANCE of the City of Port Angeles, Washington, establishing the Law Enforcement Firearms Rang~ Fund for administration of funds in connection with the construction, operation and maintenance of a law enforcement firearms range and further providing for the setting of fees for use of the firing range. ~.J ~ " r WHEREAS, the City Council finds it necessary to establish a separate internal fund for accounting for the funds used to con- struct, operate and maintain the law enforcement firearms range; and WHEREAS, it will be necessary for range fees for the use of the law enforcement firearms range t,9 be established and to be periodically revised; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. There is hereby established in the City treasury a fund for fiscal administration and accounting of monies appro- priated for or received from other law enforcement agencies for construction, operation and maintenance of the law enforcement firearms range. Said fund shall be entitled "Law Enforcement Firearms Range Fund". Section 2. The Port Angeles Chief of Police shall have the authority, with the final approval of the City Manager, to establish and periodically revise fees for the use of the law enforcement firearms range by other law enforcement agencies. Section 3. The Port Angeles Chief of Police and the Finance Director are charged with the administration of said fund. Section 4. This Ordinance shall be codified as Chapter 3.38 of the Port Angeles Municipal Code. ~ection 5 - Effective Date. This Ordinance shall take effect as provided by law. PASSED by the city Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of June 1994. ~.J< ~~~ MAY ~ " ATTEST: IJC(l~J~~' j 1J~^' Becky J. Up on, itv Clerk ".........----... "', ), ~ FIREARMS RANGE FEES - 2000 1 - 4 $125.00 5 - 7 $250.00 8 - 13 $300.00 14 - 19 $350.00 20 - 24 $450.00 25 - 29 $500.00 30 - 34 $550.00 35 + $650.00 AGENCY INSTRUCTOR CERTIFICATE 2000 FEE ON FILE (IF INCORRECT SEND UPDATED CERTIFICATE TO PAPD ADMIN) BORDER PATROL JOHN STRAUGH, MIKE BAKER $ 250 00 CLALLAM COUNTY SHERIFF'S JOHN BRYANT, JAMES BYSE, $ 650 00 DEPARTMENT RANDY PIEPER, NICK TURNER COAST GUARD ERIC MONGAR $ 650 00 CUSTOMS JOHN ST AZEL, DONALD $ 350 00 GODFREY LOWER EL WHA TRIBAL POLICE MIKE LASNIER $ 250 00 OL YMPIC NATIONAL PARK MIKE BUTLER 0 SEQUIM BAY STATE PARK STEVE CHRISTENSEN $ 450 00 SEQUIM POLICE DEPARTMENT RONALD CARTER $ 350 00 WASHINGTON/STATE PATROL KEN SMELCER $ 450 00 c Cheryl Possmger, Fmance Enck Zappey, Rangemaster File RANGE FEES-2000 WPDOCS . :. . '" 5,37/ . . NPS # 1443-CA9500-95-001 COOPERATIVE AGREEMENT BETWEEN THE NATIONAL PARK SERVICE OLYMPIC NATIONAL PARK AND THE CITY OF PORT ANGELES POLICE DEPARTMENT ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, there are nine law enforcement agencies, five of which are federal including the National Park Service, U.S. Customs Service, U.S. Border Patrol, Coast Guard, and U.S. Forest Service, and four state and local agencies which include the Port Angeles Police, Clallam County Sheriff, Sequim Police, and Elwha Tribal Police located on the northern Olympic Peninsula, all of which have annual law enforcement and firearms training mandates for their officers; and WHEREAS, the National Park Service has a Memorandum of Understanding with the Port Angeles Police and the Sheriff's Departments of Clallam, Jefferson, and Mason Counties to cooperate and provide emergency law enforcement assistance upon request to include support to counter-narcotics activities and drug task force operations; and WHEREAS, there is no designated law enforcement training center located on the north Olympic peninsula to facilitate either mandated training or training in providing emergency response to local, state, and federal agencies; and WHEREAS, the National Park Service has cooperated with the City of Port Angeles by acting as the host federal agency in requesting the United States Military to construct a firing range on city property at a nominal cost to the City of Port Angeles. Said firing range was constructed on city landfill property in August 1994; and WHEREAS, the U.S. Military has agreed to provide labor in constructing a building, with an approximate financial contribution of $39,500, to be used as a law enforcement training center to facilitate mandated training for federal, state, and local law enforcement agencies, one of which is the National Park Service, upon agreement that materials for said building will be provided; and WHEREAS, there is no federal property, including National Park Service property, available on the north Olympic peninsula for the construction of a training center and the property owned by the city, which now has a law enforcement firing range, will facilitate such a building; and WHEREAS, the City of Port Angeles, Washington has agreed to provide space at the firing range for a law enforcement training center building and has requested the National Park Service to assist by providing financial support in purchasing building materials and initiating the necessary support requests; and WHEREAS, Title 16, U.S. Code, Sections 1a-2(g), 1b(1) and 1b(2) authorizes the Secretary of Interior to cooperate with nearby law enforcement agencies in the administration of the National Park System by providing emergency assistance upon request; and 1 r; -,' , ,..' " WHEREAS, both parties to the Agreement recognizes that construction of a law enforcement training center is essential to the National Park Service and the City of Port Angeles in being able to provide the emergency assistance necessary to support cooperating agencies in the counter-drug effort. It is also recognized that limiting expenditures to the purchasing of materials is a cost effective method to obtain a law enforcement training facility; and WHEREAS, the availability of this training center will fulfill all the National Park Service's needs related to law enforcement and firearms training; and WHEREAS, the President's National Drug Control Strategy and the 1990 Department of Defense Authorization Act authorizes operational support to law enforcement agencies to detect, deter, disrupt, and dismantle illegal drug trafficking organizations. The U.S. Military has determined that the construction of a law enforcement training facility is within the parameters of training in relation to detection and interdiction of drug related activities within Olympic National Park and the State of Washington; and WHEREAS, funding utilized in this project is part of the National Park Service 1995 Counter-Drug Funding Allocation, $20,000 of which has been specifically allocated for the construction of the above facility. ARTICLE II. STATEMENT OF WORK NOW THEREFORE, in consideration of the above premises and in interest of mutual advantages toward attaining a common objective, the parties hereto mutually agree to cooperatively facilitate the construction of a law enforcement training center on that portion of land owned by the City of Port Angeles, Washington, located at the City of Port Angeles Landfill which presently accommodates the law enforcement firing range. A. THE NATIONAL PARK SERVICE AGREES TO: 1. Provide financial assistance in the amount of $20,000 to purchase materials for the law enforcement training building to include, but not limited to, foundation construction, framing, plumbing, electrical, heating, installation, and roof construction. 2. Provide coordination with the U.S. Military units who will actually construct the building. 3. Provide a proportionate share of financial and other support in the event damage occurs to the training building. Financial support will be contingent upon the availability of funds. B. THE PORT ANGELES POLICE DEPARTMENT AGREES TO: 1. Provide that amount of financial support necessary, not to exceed $20,000, in excess of the amount contributed by the National Park Service ($20,000) to facilitate purchasing materials for the completion of the training building. 2. Restrict the use of the training center to law enforcement agencies for the specific purpose of conducting law enforcement training. 2 , ~' ~ '. I, 3. Provide free access to the training center by the National Park Service for the specific purpose of conducting law enforcement training so long as the building remains usable. 4. Formulate a fair and equitable fee schedule for payment by other law enforcement agencies to use the facility. These funds will be used to support maintenance and utilities. 5. Provide a proportionate share of financial and other support in the event damage occurs to the training building. 6. Provide payment of routine maintenance and costs of utilities from the user fee account established by the parties to the agreement. C. BOTH PARTIES AGREE TO: 1. Each non-federal participating agency shall hold the City of Port Angeles, its officers, agents and employees and any other participating agency, its officers, agents and employees, harmless for any injuries or damages sustained during participation in any activity at the City of Port Angeles Law Enforcement Regional Training Center. 2. Each federal participating agency, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 USC 1346, 2671-2680), shall be liable for and hold the City of Port Angeles harmless from, claims for damage or loss of property, personal injury or death caused by the negligent or wrongful acts or omissions of any employee of the Federal government while acting within the scope of his office or employment in the performance of this agreement; Provided. That in the event that the Federal government has to pay for any loss, such payment shall not entail expenditures which exceed appropriations available at the time of the loss; Provided further. That nothing herein shall be interpreted as implying that the United States Congress will, at any later date, appropriate funds sufficient to meet any deficiencies. ARTICLE III. TERM OF AGREEMENT 1. This Cooperative Agreement shall become effective on the date signed by both parties and shall continue in force for a period of five years from the date of the last signature. Amendments to this Cooperative Agreement may be proposed by either party and shall become effective upon written approval by both parties. ARTICLE IV. KEY OFFICIALS 1. The personnel listed below are identified as key staff and considered essential to the work being performed under this Cooperative Agreement. NATIONAL PARK SERVICE Bill Frazier, Supervisory Criminal Investigator, Olympic National Park, and Olympic National Park Contracting Officer. 3 o ....~, " . '" PORT ANGELES POLICE DEPARTMENT Steve Ilk, Chief of Police, Port Angeles Police Department, Port Angeles, Washington. 2. Prior to any changes in this agreement by the key officials, they shall notify the Regional Contracting Officer, National Park Service, in writing reasonably in advance of such changes and shall submit justification in sufficient detail to permit evaluation of the impact on the project. No change in key officials shall be made without the written consent of the Olympic National Park Contracting Officer. ARTICLE V. AWARD 1. The cost portion of this Cooperative Agreement is $20,000 for the National Park Service and costs not to exceed $20,000 for the City of Port Angeles, Washington. 2. In accordance with General Provision, entitled "Allowable Costs", and entitled "payment" of this Cooperative Agreement, invoices will be submitted by the Port Angeles Police Department to the Olympic National Park Contracting Officer. 3. Payment will be authorized upon submission of a proper invoice. The invoice shall contain as a minimum the following information: a. Name of Port Angeles Police Department and invoice date. b. Cooperative Agreement number. c. Description of project being billed for. d. Total dollar amount. e. Name, title, telephone number, and complete mailing address of responsible official to whom payment is to be sent. f. Other substantiating data, documentation, or information as required by Cooperative Agreement. 4. Each invoice furnished shall be addressed to: Olympic National Park 600 E Park Avenue Port Angeles, Washington 98362 Attention: Contracting Officer 5. The National Park Service has in place a Memorandum of Understanding with the Port Angeles Police Department which addresses specifically the issues of liability related to the use of the firing range. 6. The City of Port Angeles shall own the facility. ARTICLE VI. PRIOR APPROVAL Not applicable 4 .. '", 4- " ~> " 'j. , .. ., ARTICLE VII. REPORTS Not applicable. ARTICLE VIII. TERMINATION Either party may terminate this agreement by providing 30 days with advance written notice to the other party. ARTICLE IX. STANDARD CLAUSES 1. General Provisions - U.S. National Park Service General Provisions for Cooperative Agreements (Appendix A) are attached. ARTICLE X. AUTHORIZING SIGNATURES IN WITNESS HEREOF, the parties hereto have signed their names and executed this Agreement. National Park Service Pacific Northwest Region City of Port Angeles [~~ C.~~ Acting Regional Director J=-~~ ~crk May r ~ \ )1) \ q~S- ~ t1R ~$? JC1q~ Date / Date IJf1 Lf / Ilf / 1 ~ '--D"tt-e Olympic National P Contracting Offic (PN-IIICS-14) 5