Loading...
20-2058ORDINANCE NO.20-2058 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FACILITY USE AGREEMENT WITH OTHER LAW ENFORCEMENT AGENCIES FOR THE USE OF DENTON POLICE DEPARTMENT TRAINING CENTER AND FIREARMS RANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Police Department (DPD) currently operates a Training Center located at 719 E. Hickory Street, in Denton, Texas, which consists of four (4) classrooms, a tactical simulation room (moveable wall area), two (2) driving simulators, a force simulator, a defensive tactics room (padded), and a physical fitness area and break room; and operates a Firearms Range located at 3828 Airport Rd, in Denton, Texas, which consists of a fifteen lane turning target range, an open range, and an outdoor, covered classroom area. WHEREAS, the City of Denton (“City”) wishes to enter into an agreement with other local, state, school district, higher education, and federal law enforcement agencies whereby those agencies may enhance the training, professionalism, and accountability of their members through instruction provided by DPD personnel or obtained at the DPD Training Center and DPD Firearms Range; and WHEREAS, usage of the DPD Training Facility and Firearms Range shall be in accordance with the criteria set forth in the Agreement, attached as Exhibit “A”, including the Usage Fee Schedule set forth therein; and WHEREAS, the City and the contracting law enforcement agency shall be bound by the mutual obligations outlined in that Agreement; and WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between the City and other law enforcement agencies serves a municipal and public purpose, is in the public interest, and of a benefit to the citizens of the city of Denton; NOW THEREFORE, THE couNcn OF THE CITY OF DENTON HEREBY RESOLVES : SECTION 1: The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2: That the City Manager or his designee is authorized to execute an Agreement, in the form of Exhibit “A and made a part hereof for all purposes,” with other law enforcement agencies to carry out the duties and responsibilities of the City under this Agreement without further action required by the City Council. SECTION 3: That the City Manager has the authority to amend this Agreement as the City Manager deems necessary to further the municipal and public purpose of this Ordinance, without further action by the City Council, but that authority does not extend to the fee schedule for the use of the DPD Training Center and Firearms Range as approved by Council; and SECTION 4: That all prior actions taken by the City Manager or his designee in furtherance of this Agreement are hereby ratified. SECTION 5: That this Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was seconded by 3--esSC DcLg; Sthe following vote [b_ - A : Ave made by GE d&,th andR(X this Ordinance was passed and approved by9 Nay Abstain Absent Chris Watts, Mayor:,/ X/ ,/ a’ V'P Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED thisth, '?/b d,y ,f OC+ok)er @A ATTS ’OR ATTEST: ROSA RIOS, CITY SECRETARY _ /d,2gJ. APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY FACILITY USE AGREEMENT FOR DENTON PUBLIC SAFETY TRAINING CENTER AND FIREARMS RANGE This Facility Use Agreement (the “Agreement”) is made and entered by and between The Denton Police Department (“DPD”) and (“Organization”), whose address is DPD hereby agrees to permit Organization the use ofthe Public Safety Training Center and Firearms Range facilities (“Facilities”) described in Section 15 in accordance with the pricing, conditions, and terms set forth herein. Organization agrees to use the Facilities in accordance with the terms and conditions set forth herein. 1. FACILITY USE AGREEMENT. Organization acknowledges that this Facility Use Agreement is a commitment to permit use of the Facilities for a specific date and purpose and is not a lease or rental agreement. 2. TERMS AND SCOPE OF THIS AGREEMENT. All matters and recitations stated in the preamble to this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. This Agreement only applies to the use of the DPD Facilities for the event(s) that occur during the specific date(s) and time(s) listed in Paragraph 15 . Organization shall utilize the DPD Facilities subject to the availability of scheduling provided the terms and conditions as described herein this Agreement are met. DPD will maintain exclusive operational control of the Facilities and shall maintain final approval over the use of the Facilities at all times. DPD reserves the right to utilize the Facilities at any time it desires, and it reserves the right to change the schedule for use of the Facilities, as DPD determines necessary. Organization agrees to scheduling use of the Facilities at a mutually agreeable time and date, preferably thirty (30) days or more in advance of projected use. For purposes of this provision, communications between the Parties and notices regarding scheduling and use of the Facilities may be delivered by email. Organization accepts the Facilities and all equipment in the Facilities in “as-is” condition and acknowledges that DPD makes no warranty in any manner, expressed or implied, including in regard to the Facilities fitness for a particular or specific purpose. After every use, Organization is required to maintain cleanliness of the Facilities and the equipment within the Facilities. This includes picking up and disposing in designated receptacles spent cartridge casings, removing any markings from Simunition projectiles, sweeping up or removing any debris from Force on Force training. Organization must exercise reasonable diligence and care to ensure that all equipment is left in an operable state. Equipment malfunctions shall be reported to DPD staff as soon as possible. No storage of equipment owned or controlled by Organization will be available on-site (at Facilities). Organization agrees to comply with all laws and rules and regulations relating to the usage and safety of Facilities, including, but not limited to those attached as Exhibit A and Exhibit B and posted within the Facilities itself, which are hereby incorporated in this Agreement by reference. Organization shall be responsible for ensuring that all its class participants or those who are instructed by the instructor or accompany the instructor execute a waiver agreement or release of liability. Organization shall be subject to a fee for the use of the Facility as set forth herein, which shall be payable to the City of Denton within thirty days upon the receipt of an invoice from the City. The Parties agree and acknowledge that the fees specified herein fairly compensate the City for the services provided under this Agreement. 3. USAGE FEE FOR TRAINING CENTER. Organization, subject to the availability of scheduling, agrees to pay one of the following fees, dependent on their needs, for the use of the Facilities: Classroom - $100.00 – Per eight (8) hour day – Organization gets access to one classroom and related equipment, but must provide their own classroom materials (handouts, tests, class materials). Defensive Tactics Room - $150.00 – Per eight (8) hour day – Organization gets access to the padded Defensive Tactics Room but must provide their own striking pads, batons, and safety equrprnent, as necessary. Tactical Simulation Area (moveable wall) – $ 150.00 – Per eight (8) hour day – Organization gets access to the moveable wall simulation area for force on force training (marking cartridges), building search/active shooter training, crime scene training, etc. This does not include any Simunition (or other brand) marking cartridges, weapons kits, or safety equipment. This is also dependent on an Organization instructor attending a fifteen (15) minute training/safety briefing on the use of the area. Driving Simulators - $200.00 – Per eight (8) hour day – Organization gets access to the Driving Simulators and necessary equipment/supplies. This option is dependent on Organization having an instructor trained on how to operate the driving simulator by a DPD instructor or by FAAC incorporated. Force Simulator - $200.00 – Per eight (8) hour day – Organization gets access to the Use of Force Simulator and necessary equipment/supplies. This option is dependent on Page 2 of 9 Organization having an instructor trained on how to operate the force simulator by a DPD instructor or by VirTra. Operator Option for Driving Simulator or Force Simulator - $100.00 – Per eight (8) hour day. For this fee, DPD will provide an equipment operator for the driving or force simulator. Organization must still provide an instructor for their policies, SOP’s, and class instruction. Organization will ensure that a Certified Instructor(s) will be present during all training conducted by the Organization. 4. USEAGE FEE FOR FIREARMS RANGE. Organization, subject to the availability of scheduling, agrees to pay one of the following fees, dependent on their needs, for the use of the Facilities : Organization shall be subject to a fee for the use of the Facility, which shall be payable to the City of Denton within thirty days upon the receipt of an invoice from the City. Range Only - Each use is a minimum fee of $100.00 per day. Organization will have access to the Firearms Range, but must provide their own materials (e.g., cardboard backers, sticks, glue, clamps, targets, ammunition, hearing and vision protection, and weapon cleaning supplies). Range Supplies - Each use of the Firearm Range with supplies is a minimum fee of $150.00 per day. Organization will have access to the Firearms Range and related supplies, which are limited to cardboard backers, sticks, glue, and clamps. Organization must provide their own targets, ammunition, hearing and vision protection, and weapon cleaning supplies. 5. FORCE MAJEURE. If either Party fails to fulfill its obligations hereunder when such failure is due to an event of Force Majeure, said failure shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the Parties to resume performance under this Agreement. Events of Force Majeure shall mean any contingency or cause beyond the reasonable control of a Party, including, but not limited to, acts of God, riot, civil commotion, insurrection, fire, explosions, rain, or other circumstance beyond its reasonable control. 6. LIABILITY AND IMMUNITY. To the extent authorized by law, Organization agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by Organization or those services or facility usages contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Organization, its officers, employees, agents, subcontractors, licensees, and invitees. In the event any damage or injury is caused to the equipment or facilities provided by the Facility hereunder, by the negligence or improper conduct of Organization, its participants, recruits, agents, volunteers, subcontractors or employees, Organization shall cause the said damage or injury to be repaired as speedily as possible at its own cost and expense. Page 3 of 9 7. INSURANCE. Organization, at its sole cost and expense, shall procure and maintain in full force and effect for the term of this Agreement adequate commercial general liability insurance coverage, including but not limited to general liability insurance coverage with bodily injury, with limits that are reasonable and customary for its business to cover liabilities and claims which may arise in relation to or in connection with this Agreement, but in no event less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Also, Organization’s insurance coverage must include property damage limits of not less than $250,000 per occurrence, and not less than $500,000 aggregate. Organization may, at its sole discretion, choose to self-insure the requirements of this provision. Organization agrees to 1) provide the other, within ten (10) business days upon the receipt of a written request from the City, with a Certificate of Insurance with respect to all liability insurance required under this Agreement, and 2) maintain the foregoing policy or policies of insurance without material change or cancellation except upon thirty (30) days written notice to the City. Organization may, at its sole discretion, provide its standard letter of self-insurance in satisfaction of this provision. 8. NO WAIVER. No waiver of any provision of this Agreement or of any right or remedy hereunder shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. The failure of either Party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 9. NON-ASSIGNABLE. This Agreement may not be assigned in whole or in part by any of the Parties without prior written consent of the other Party. 10. NOTICE. Any notice required to be given in connection with this Agreement shall be in writing, unless stated otherwise in this Agreement, and shall be deemed effective if hand delivered, or if sent by United States certified mail, return receipt requested, postage prepaid, or if sent by private receipted courier guaranteeing same-day or next-day delivery, addressed to the respective party at its address(es) provided below. If sent by U.S. certified mail in accordance with this Section, such notices shall be deemed given and received on the earlier of (a) actual receipt of at the address(es) of the named addressee, or (b) on the third (3rd) business day after deposit with the United States Postal Service. Notice given by any other means shall be deemed given and received only upon actual receipt at the address(es) of the named addressee. Notice shall be given to the following: CITY: City of Denton, Texas 215 E. McKinney AHn: City Manager Denton, TX 76201 Organization : Ann : Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. Page 4 of 9 11. CHANGES AND AMENDMENTS. Any alterations, additions, or deletions to the terms ofthis Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. It is understood and agreed by the Parties hereto that changes in the State, Federal, or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto and shall become a part of the Agreement on the effective date specified by the law or regulation. 12. TERMINATION. The City may terminate this Agreement for cause if Organization violates any covenants, agreements, or guarantees of this Agreement, or Organization violates any law or regulation to which it is bound under the terms of this Agreement. Willful failure to comply with any condition herein will justify termination of this agreement. Willful failure includes, but is not limited to: 1) unsafe behavior, 2) manipulating weapons outside of approved areas, 3) instructor negligence regarding the potential for rounds escaping the range (must be in conventional impact area), 4) reckless destruction of Firearms Training Facility property, or 5) failure to clean training area after training sessions. Either Party may terminate this Agreement for any other reasons not specifically enumerated in this paragraph upon giving thirty (30) days written notice. 13. MISCELLANEOUS. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. This Agreement, together with any referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 14. VENUE AND APPLICABLE LAW. This Agreement shall be construed and governed by the laws of the State of Texas. Venue for any legal action necessary to enforce this Agreement will be in a court of competent jurisdiction in Denton County, Texas exclusively. No remedy herein conferred upon any Party is intended to be exclusive of any other remedy. No single or partial exercise of any Party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof Page 5 of 9 15. FACILITIES. The following is the description of the facilities to be used and services to be performed, if any, under this Agreement. Event Description Catering Room Type: Classroom Defensive Tactics Room Tactical Simulation Area Driving Simulators Force Simulator Operator Option Firearms Range Equipment/Materials: To be provided by: Instructor Computer Organization _ DPD Projector, pointer, other media Organization DPD Other: Organization _ DPD Cost (if Organization) $ $ $ Special Requests or Circumstances: $Room Cost Equipment/Materials Cost: $ $Total Amount Method of Payment Purchase OrderInvoice PO # Cancellation Policy: Should Organization terminate this Agreement or cancel/reschedule services provided hereunder; Organization agrees to the following: A. For cancellations that occur within 30 (thirty) calendar days of start date for the services, Organization agrees to pay a cancellation fee of 50% unless service is rescheduled with a confirmed start date within 60 days of the original start date. B. For cancellations that occur within 7 (seven) calendar days of start date, Organization agrees to pay a cancellation fee of $100% of invoiced amount. C. Should DPD cancel the training and payment has already been received, Organization shall be entitled to a 100% refund of the invoiced amount or may elect to use that payment as a credit for a reschedule of the cancelled training or towards a future training event. Organization acknowledges the cancellation fees are not penalties, but rather fees to reimburse DPD for costs incurred. +88SIGNATURE PAGE TO FOLLOW+*# Page 6 of 9 By signing this Facility Use Agreement, I acknowledge and affirm that I understand and agree to abide by the terms and conditions of this application and agreement. I am the authorized representative of the Organization requesting usage of DPD Facilities and have full authority to bind the Organization to the terms and conditions of this application and agreement. ORGANIZATION DENTON POLICE DEPARTMENT Signature Date Signature Date Printed Name Frank R. Dixon Title Chief of Police Billing Instructions Attention/To Street Address or PO Box City of Denton State Zip Page 7 of 9 EXHIBIT A Denton Public Safety Training Center Facility Rules 1. Students attending a training class should check in using the iPads© located at the entrance to the facility. You will be required to acknowledge and accept the risk waiver prior to attending any training. Acknowledgement and acceptance of the risk waiver is required each calendar year. 2. WEAPONS: The manipulation or handling of live weapons is not permitted in the facility except in designated areas. 3 . WEAPONS FREE AREA: Live weapons (lethal or less lethal) and ammo are prohibited in the Weapons Free Area. Please store prohibited items in the lockers provided at the entrance to the Weapons Free Area. 4. Food and drink are not permitted in the Weapons Free Area. They are permitted in other areas of the facility. Please, clean up after yourself. 5 . TOBACCO USE: City of Denton Policy prohibits the use of any smoking tobacco products, smokeless tobacco products, or electronic cigarettes/vaporizers on City property. Smoking is permitted on the public sidewalk adjacent to the facility. 6. Training areas are set up in a standard classroom configuration. You are permitted to reconfigure the room for your class or event. You MUST return the training area to the standard classroom configuration at the completion of your class or event. 7. Conversations and noise should be kept at a low volume when adjacent to training areas. 8. Disorderly conduct, inappropriate behavior, abuse of the facility, equipment, or staff and/or disregard for Training Center rules may result in immediate dismissal from the facility. 9. Organizations, other than City of Denton, must have a signed and current Interlocal Cooperation Agreement (ICA) on file prior to utilizing the facility. Violation of the ICA may result in removal from the facility and/or termination of the ICA. Page 8 of 9 EXHIBIT B Denton Police Department Firearms Range Facility Rules Website for mandatory check-in and waiver acknowledgement is: https://checkin.dentontraining.com 1. The Range is only available for use when it has been previously scheduled. 2. A TCOLE Firearms Instructor, or similar federal certification, must be present and supervising Range activities. 3. All rounds should strike in the bottom half of the berm. A round striking in the top 1/3 will result in immediate counseling of that shooter by the Firearms Instructor. Two such instances should have the shooter removed from the Range pending remedial training. 4. If using a muzzle up orientation for various tasks, such as reloading, high compressed ready, etc . then the second event of a shooter’s finger on the trigger with the muzzle oriented above the berm should result in that shooter’s removal from the Range, pending remedial training. 5. Paper targets should be set to insure impact in the lower half of the berm for all shooters, especially when at a short range. 6.Steel targets will be used on the left side of the concrete wall only. They will be placed at the same zero-yard line as the turning target system that is located on the right side of the wall. They will be no more than five and a half feet tall and they will have a downward or no angle on them. They will not fall back or otherwise flex in a manner that will send largely intact projectiles up. 7. All brass should be placed in the designated barrel for recycling. Steel and aluminum cases, as well as shotgun hulls should be placed in the trash. 8. Eye and ear protection should be worn at all times, on or near an active firing line. 9. Unsafe practices, violations of the rules listed herein, or poor treatment of the Range Facilities will result in banning the agency in violation from the Range. General Firearms Safety Rules All guns should be treated as if they are loaded. Never point the muzzle at anything you are not willing to destroy. Keep your finger off the trigger and out of the trigger guard, until you have decided to fire, and the muzzle is aligned with the target. Be sure of your target, immediate surrounding, and beyond. Page 9 of 9