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HomeMy WebLinkAboutC-7878-2 - Indemnification and Hold Harmless AgreementINDEMNIFICATION AND HOLD HARMLESS AGREEMENT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT ("Agreement") is made and entered into this 2nd day of May 2025, ("Effective Date") by and between the CITY OF WESTMINSTER (the "City"), and the City of Newport Beach ("Indemnitor") (collectively referred to as the "Parties"). RECITALS A. WHEREAS, the City is the owner of Westminster Police Range and Safety Training Center located at 7351 Hazard Ave., Westminster, CA 92683 (the "Training Center"); and B. WHEREAS, Indemnitor desires to have its police officers use the Training Center for purposes of training and qualification requirements; and C. WHEREAS, the City grants permission to Indemnitor to use the City's Training Center, subject to the fees and certain conditions set forth in this Agreement. NOW, THEREFORE, the Parties hereto agree as follows: 1. Right to Use the Training Center & Fee for Use. Subject to the terms of this Agreement, Indemnitor and its police officers may use the Training Center, subject to reasonable availability and thirty (30) days advanced notice for scheduling. Indemnitor's anticipated use of the Training Center is for police training and qualification purposes. Indemnitor agrees to pay the City in accordance with the fee schedule set forth in Exhibit "A," attached hereto and made a part of this Agreement (the "Fee Schedule"). City's compensation for Indemnitor's use of the Training Center pursuant to this Agreement, including all reimbursable items and any and all fees whatsoever, shall not exceed Fifty Thousand Dollars and 00/100 ($50,000.00), without prior written authorization from Indemnitor. 2. Method of Billing. Indemnitor shall pay City's invoice within forty five (45) days from the date the Indemnitor receives said invoice. Said invoices shall be based on the total amount of activities and time spent at the Training Center. 3. Term. This Agreement shall commence on the Effective Date and continue for a period of five (5) year(s), ending on May 1, 2030, unless previously terminated as provided herein or as otherwise agreed in writing by the parties. 4. Termination. Either party has a right to terminate this Agreement with or without cause. Termination shall occur only with at least seven (7) days advance written notice to the person identified for notices in this Agreement. In the event of termination, Indemnitor shall pay City for time spent at the Training Center up until the date of the written notice of termination. 5. Compliance with all Laws. Indemnitor, at its sole cost and expense, shall comply with all of the requirements of all municipal, state and federal laws, regulations and authorities now in force, or which may hereafter be in force pertaining to the use of the Training Center. Indemnitor and each of its police officers agree to fully obey and to comply with all posted rules, regulations and all orders of the Westminster Rangemaster and Range Staff as well as the Westminster Police Range and Safety Training Center Policy (the "Training Center Policy") as more fully described in Exhibit "B", attached hereto and made a part of this Agreement. Indemnitor and each its police officers understand that they may be excluded from WPD Range and Safety Training Center Indemnification and Hold Harmless Agmt Page 1 of 6 the Training Center for failure to fully obey and to comply with all posted rules, regulations, all orders of the Westminster Rangemaster and Range Staff and Training Center Policy, without any liability to the City, its officials, police officers, employees, volunteers, attorneys, assigns or anyone else acting on the City's behalf. 6. Indemnification of City. Indemnitor, as a material part of the consideration to be rendered to City under this Agreement, hereby waives any and all claims against City for damage to equipment or other personal property, in, upon, or about the Training Center, and hereby waives any and all claims for bodily injury (including death), liability, damages, lawsuits, expenses (including, but not limited to, medical expenses and attorneys' fees) and any other liability to persons in or about the Training Center, arising out of the use of the Training Center by "Indemnitor Parties," including Indemnitor, Indemnitor, its officials, police officers, agents, employees, volunteers, subcontractors, or invitees. Indemnitor further agrees to indemnify the "Released Parties," including the City, its elected and appointed officials, police officers, agents, volunteers, employees, and attorneys, and anyone else acting on the City's behalf, against and shall hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "Claims or Liabilities") that may be asserted or claimed by any persons, firm, or entity arising out of or in connection with the use of the Training Center by Indemnitor Parties, or arising from the negligent acts or omissions of Indemnitor Parties, or arising from Indemnitor Parties' performance of or failure to perform under this Agreement, whether or not there is concurrent passive or active negligence on the part of the Released Parties in connection herewith: (a) Indemnitor shall defend any action or actions filed in connection with any of said Claims or Liabilities and shall pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Indemnitor shall promptly pay any judgment rendered against the Released Parties for any such Claims or Liabilities arising out of or in connection with the performance of or failure to perform under this Agreement; and Indemnitor agrees to save and to hold the Released Parties harmless there from; (c) In the event that the City, its elected or appointed officials, police officers, agents, employees, volunteers, attorneys, or anyone acting on their behalf, is made a party to any actions or proceeding filed or prosecuted against Indemnitor for such damages or other claims arising out of or in connection with Indemnitor's performance under this Agreement, Indemnitor agrees to pay to the City, its officials, police officers, agents, volunteers, attorneys or employees, any and all costs and expenses incurred by them in such action or proceeding, including, but not limited to, legal costs and attorneys' fees; (d) The Parties further expressly agree that this indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. (e) City agrees to indemnify Indemnitor Parties, against and shall hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities that may be asserted or claimed by any persons, firm, or entity arising out of or in connection with City's provision of the Training Center for use by Indemnitor Parties, or arising from the WPD Range and Safety Training Center Indemnification and Hold Harmless Agmt Page 2 of 6 negligent acts or omissions of Released Parties, or arising from City's performance of or failure to perform under this Agreement, whether or not there is concurrent passive or active negligence on the part of the Indemnitor Parties in connection herewith. 7. Release. With the exception of City's obligation to defend, indemnify, and hold harmless Indemnitor Parties as set forth in this Agreement, Indemnitor hereby releases and forever discharges the Released Parties, and each and every one of them, from and against any and all Claims or Liabilities, including, but not limited to, any demands, actions and causes of action whatsoever which Indemnitor may have or may hereafter have specifically arising in any way out of the exercise by Indemnitor of the rights afforded by this Agreement. This is a complete and final release and shall be binding upon Imdemnitor and covers claims arising out of or connected with Indemnitor's presence and/or the use of all or any portion of the Training Center by Indemnitor. 8. Waiver of Civil Code Section 1542, Further, the Parties expressly agree to waive and relinquish all rights and benefits that it may have under Section 1542 of the Civil Code of the State of California. That section reads as follows: "§ 1542. [General release; extent] A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 9. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 10. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 11. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; and, b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. WPD Range and Safety Training Center Indemnification and Hold Harmless Agmt Page 3 of 6 IF TO INDEMNITOR: Newport Beach Police Dept. City of Newport Beach Attn: Range Master 870 Santa Barbara Drive Newport Beach, CA 92660 Tel: (949) 644-3681 IF TO CITY: Professional Standards Unit Westminster Police Depart. City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 Tel: 714-898-3315 Fax: 714-898-5932 Attn: PSU Commander 12. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 13. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 14. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, neither party shall be entitled to recover from the opposing party any costs or expenses, including reasonable attorneys' fees, incurred by the other party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 16. Knowing and Voluntary. This Agreement is an important legal document and in all respects has been voluntarily and knowingly executed by the Parties hereto. The Parties specifically represent that prior to signing this Agreement they have been provided a reasonable period of time within which to consider whether to accept this Agreement. The Parties further represent that they have each carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, knowingly, and without coercion entering into this Agreement based upon their own judgment. The Parties further specifically represent that prior to signing this Agreement they have conferred with their counsel to the extent desired concerning the legal effect of this Agreement. 17. Cooperation. In the event any claim or action is brought against either party relating to this Agreement, the other party shall render any reasonable assistance and cooperation which might be required. 18. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. WPD Range and Safety Training Center Indemnification and Hold Harmless Agmt Page 4 of 6 19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Indemnitor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 20. Headings. Paragraphs and subparagraph headings contained in this Agreement included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 21. Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one Agreement. 23. Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so the Parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF WESTMINSTER, A municipal corporation �' LAL Christine Cofdon, City Manager AWEST: Date: 5I IS�o2c,� APPROVED AS TO FORM: Ash p/R. Ar, chb�City Clerk City Attorney of the City of�Westminster zz 2S ate WPD Range and Safety Training Center Indemnification and Hold Harmless Agmt Page 5 of 6 INDEMNITOR: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:-4� By: A ron C. ��a' rp City Attorney -t' ATTEST: Date: `(r/II /zbZS By: q-4 for Leilani I. Brown City Clerk SEW PDT U S c9cr Fo a��P CITY OF NEWPORT BEACH, a California un'cipal corporation Date: L/7 Z By: \ _ Dave Miner Police Chief [END OF SIGNATURES] Attachments: Exhibit A — Fee Schedule Exhibit B — Training Center Policy WPD Range and Safety Training Center Indemnification and Hold Harmless Agmt Page 6 of 6 EXHIBIT EXHIBIT A Law Enforcement Rates Full Day Half Day Quarter Day Tactical Ran a 805 $403 $230 32 Seat Classroom 345 173 86 MAT Room 345 S1 73 $86 Simunition Room 460 $230 $115 Non -Law Enforcement Rates Full Day Half Day Quarter Day Tactical Range $1 380 $690 $345 32 Seat Classroom $575 288 144 MAT Room $575 288 144 Simunition Room $805 $403 $201 A "full day" as used herein means in excess of 4 hours and up to 8 consecutive hours, not including up to a 30-minute lunch break, for a maximum total time onsite not to exceed 8 hours and 30 minutes. A "half day" as used herein means any period onsite which does not exceed 4 hours. A "half day" will be billed for a total time onsite up to 4 hours. A "full day" will be billed for a maximum total time onsite exceeding 4 hours and up to 8 hours and 30 minutes. Any time spent onsite exceeding 8 hours and 30 minutes will be billed in 4- hour increments (half day rate) in addition to the full day rate. A "quarter day" will be billed for a total time onsite up to 2 hours. A "half day" will be billed for a maximum total time onsite exceeding 2 and up to 4 hours. Any time spent onsite exceeding 4 hours will be billed as a "full day". *Pricing Effective 8/24/2023 EXHIBIT B Westminster Police Department Westminster Police Department Policy Manual Westminster Police Range and Safety Training Center 312.1 PURPOSE AND SCOPE In order to ensure that officers receive the highest level of training, the City of Westminster has invested in a state of the art multi -use training center. The training center features a tactical shooting range, class room, MAT room and simunition room. The use of the facility comes with an extreme amount of responsibility with an emphasis on safety to ensure a safe and productive training environment for everyone. This policy establishes the procedures and guidelines for the use of firearms at the facility by members of the Westminster Police Department and other local, state and federal law enforcement agencies. 312.2 SITE LOCATION The facility is located at 7351 Hazard Avenue in the City of Westminster. 312.3 PERSONNEL ASSIGNMENTS AND RESPONSIBILITIES 312.3.1 FACILITY MANAGER The Professional Standards Unit Commander is designated as the Facility Manager. The responsibilities of the Facility Manager or the authorized designee include, but are not limited to: • Scheduling of the facility's range, class room and training room. • Coordinating maintenance. • Biannual inspection to identify safety issues and schedule the replacement or repair of equipment, including lead removal. • Ensure the facility meets all OSHA health and safety requirements. • Ensure that release forms, insurance requirements and use agreements are complete and up to date for all users not employed by the Westminster Police Department. • Inspection of all basic first aid/CPR equipment and trauma kits. • Ensure the facility is stocked with the proper equipment. 312.3.2 RANGEMASTER The Rangemaster reports to the Facility Manager. The responsibilities of the Rangermaster are explained in the Rangemaster Duties section of the Firearms Policy. 312.3.3 RANGE STAFF A member of the Westminster Police Department assigned to the Range Staff. Assignment to this position is established in the Special and Collateral Assignments Policy. Range Staff members report to the Rangemaster. A member of the Westminster Police Department Range Staff has the authority to immediately stop and revoke range privileges of an outside agency if he/she feels Copyright Lexipol, LLC 2023/06/23, all Rights Reserved. Westminster Police Range and Safety Training Published with permission by Westminster Police Department Center - 106 Westminster Police Department Westminster Police Department Policy Manual Westminster Police Department Policy Manual Westminster Police Range and Safety Training Center the training is unsafe and outside the scope of best practice. Range Staff members will assist in tactical training, firearms training and will perform other tasks as assigned by the Rangemaster. 312.3.4 FIREARMS INSTRUCTOR A Firearms Instructor shall be defined as a member of the Westminster Police Department or an outside agency that has completed a POST certified firearms instructor course. A Firearms Instructor shall be present for any training relative to the use or handling of any firearm. A designated Firearms Instructor is in charge of range safety at all times when training is being conducted on the shooting range and shall enforce range safety policies. Any outside agency utilizing the range will provide a Firearms Instructor during any live fire activity. In situations where instructors from multiple agencies are present, a Westminster Police Department Firearms Instructor shall have the ultimate authority. The responsibilities of the Firearms Instructor include, but are not limited to: • The safety of all users in the facility. • The safe and proper use of equipment in the ready room, armory and cleaning area. • Understand and enforce safety procedures. • Conduct range inspections and operational checks of all range equipment before a training event. • Conduct post -use inspections of the range and report any maintenance or safety issues to the Facility Manager or the authorized designee. • Ensure that all firearms and equipment are safe, functional and only the proper caliber ammunition is in use. • Conduct a thorough safety briefing with any participant. The briefing will include range rules, the location of basic first aid and CPR equipment, and medical evacuation procedures fof an injured person. • Ensure all firearms are unloaded in designated areas. • Ensure the firing line is clear of all debris. • Ensure all participants have proper protective equipment on at all times prior to entering the range (e.g., eye protection, ear protection, body armor). • Ensure all participants clear, make safe, or holster all firearms prior to leaving the range. • Ensure there are a sufficient number of firearms instructors or range safety officers to safely supervise the number of participants. • Supervise range clean-up at the conclusion of training and ensure all casings are placed in the proper containers. 312.4 SCHEDULING The Rangemaster or designee is the scheduling point of contact for all uses of the Training Center. Copyright Lexipol, Ll_c 2023/06/23, all Rights Reserved. Westminster Police Range and Safety Training Published with permission by Westminster Police Department Center - 107 Westminster Police Department Westminster Police Department Policy Manual Westminster Police Department Policy Manual Westminster Police Range and Safety Training Center • Outside agencies wishing to schedule use of any part of the Training Center must have a Hold Harmless agreement and all POST certified Firearms Instructor documentation on file with the Westminster Police Department prior to use. • It is the agency's responsibility to use the range during their scheduled time periods. Should there be a requirement to modify range times or need to cancel the range reservations; the agency shall notify the Rangemaster or designee. • The Westminster Police Department will have priority when scheduling their training followed by the West County SWAT Team then outside agencies on an as -available basis. • All scheduling conflicts will be resolved by the Rangemaster or designee. 312.5 AUTHORIZED PERSONNEL The following personnel are authorized to participate in firearms training at the facility: • Any active and reserve police officers. • Retired Westminster Police Department officers or retired officers from a department with an active agreement for maintaining their conceal carry permit. • Tactical medics assigned to SWAT. • POST -certified firearms instructors assigned to teach a course at the facility (e.g., third party vendor). • Police academy recruits during authorized academy training. • Other personnel or civilians not listed above as approved by the Westminster Police Department Chief of Police or the authorized designee. All agencies participating in firearms training are required to complete the Hold Harmless Agreement. 312.6 FACILITY ORIENTATION Any outside agency Firearms Instructor is required to participate in a facility orientation. The orientation will be conducted by a Westminster Police Department Firearms Instructor prior to the first use of the facility. The orientation will include: • Facility tour to include ingress and egress procedures due to other uses of the facility. • Safety personnel duties and responsibilities. • Range capabilities (e.g., training props, storage, staging area, cleaning areas). • Range inspection requirements. • Range start-up and shut -down procedures. • Range set-up and clean-up procedures. • Reporting procedures for damage to the facility or any equipment. Copyright Lexipol, LLC 2023/06/23, All Rights Reserved. Westminster Police Range and Safety Training Published with permission by Westminster Police Department Center - 108 Westminster Police Department Westminster Police Department Policy Manual Westminster Police Department Policy Manual Westminster Police Range and Safety Training Center The Facility Manager will maintain a current list of outside agency Firearms Instructors that are authorized. 312.7 INJURY OR DEATH OF PERSONNEL In the event of a serious injury or fatality, all training being conducted in the area where the injury occurred will be stopped and the care of the injured and the security of the incident site becomes priority. A Firearms Instructor or designee shall contact a Westminster Police Department Watch Commander as soon as practicable and advise him/her of the incident. If there is an injury on the range involving a firearm, the Firearms Instructor or designee shall: • Call a "Cease Fire" and the range staff will ensure all personnel make all firearms safe. • Take charge of the scene, assign personnel to assist and immediately initiate care for the injured. • Ensure the range is cleared of all personnel and secure the incident site. • Westminster Police Department resources will be deployed to assist with an investigation based on the severity of the injury. If any injury occurs in any area of the Westminster Police Range and Safety Training Center, the Firearms Instructor or training staff will contact the on -duty Westminster Police Department Watch Commander and complete the Injury Form/Unintended Discharge (PD-218). Depending on the severity of the injury, the field supervisor may respond. 312.8 AUTHORIZED FIREARMS AND AMMUNITION The Westminster Police Department Range staff reserves the right to inspect all firearms and ammunition to ensure they are safe to use and are the proper type of caliber authorized to fire on the facility range. Refusal to submit equipment for these inspections is grounds for immediate suspension of range privileges. It is the responsibility of the on -site Firearms Instructor to ensure all weapons and ammunition are within the facility guidelines for use. The following restrictions on ammunition apply to all users while training in the facility: • Only factory loaded ammunition is permitted. • Frangible ammunition is not authorized. • Tracer ammunition is not authorized. • Full metal jacketed ammunition with steel penetrator/steel core is not authorized. • Armor piercing ammunition is not authorized. • Incendiary ammunition, noise -flash diversionary devices, smoke and/or chemical dispersal canisters are not authorized. • Any other ammunition that the Firearms Instructor deems unauthorized is not permitted. • Only agency approved and issued ammunition is allowed to be fired on the range. No .50 BMG is allowed. Copyright Lexipol, LLC 2023/06/23, All Rights Reserved. Westminster Police Range and Safety Training Published with permission by Westminster Police Department Center - 109 Westminster Police Department Westminster Police Department Policy Manual Westminster Police Department Policy Manual Westminster Police Range and Safety Training Center 312.9 GENERAL RANGE SAFETY RULES Safety is the responsibility of every individual. Every person participating or observing training while on the range is a safety officer and can call "cease fire" or halt training at any time. Concerns for safety should never be limited to the training event itself, but should always include associated training activities that may take place in the facility. The following safety rules apply to all personnel observing and participating in firearms training in the facility: • A POST -certified Firearms Instructor must be present anytime there is live fire training on the range. • All personnel entering or leaving the facility will carry all firearms in a safe manner. • All firearms brought into the facility shall be unloaded unless the firearm is worn directly on the person, in a holster or concealed in a safe and secure manner. • Firearms that are not carried on the body will have the slide or bolt locked to the rear position, magazine removed, and weapon on safe (as applicable). • Everyone will treat every firearm as if it were loaded. • Never point the muzzle of any firearm at anything you don't intend to engage. • Firearms will only be chambered on the range or in a designated loading barrel. • The Firearms Instructor or designee is responsible for ensuring that all weapons leaving the range line are unloaded. • Caution should be used by any personnel on the firing line bending down to pick up equipment off the range floor. It is recommended that all shooting cease, weapons are in a safe position, and the line is clear before doing so. • Personnel will ensure weapons are unloaded and safe before disassembling them in the cleaning room. • No firearm is to be left unattended. • No shooting will take place until directed by the Firearms Instructor. • All attempts shall be made to ensure live ammunition is not placed into the brass collection containers. • Brass collected and deposited into the collection containers on the range will not be removed from the facility without approval from the Facility Manager or the authorized designee. Outside agencies may recover their own brass as long as they provide their own collection containers. • No malfunctioning weapon will be removed from the firing line without first being cleared of the malfunction, unloaded completely and made safe if possible. • Handle ammunition with care. • All personnel will wear hearing protection, eye protection, and protective body armor while participating in firearms training. • Appropriate clothing attire is required while shooting on the range. Tank tops or shorts are not allowed. No open toe shoes or sandals are permitted. Copyright Lexipol, LLc 2023/06/23, All Rights Reserved. Westminster Police Range and Safety Training Published with permission by Westminster Police Department Center - 110 Westminster Police Department Westminster Police Department Policy Manual Westminster Police Department Policy Manual Westminster Police Range and Safety Training Center • No horseplay is allowed anywhere within the facility. • No eating or drinking is allowed on the range or the cleaning room. • Reactive steel targets are authorized. All manufacture recommendations for use shall be followed. • At no time will any object be placed on or inside the bullet trap. • Firearms Instructors on the shooting line will ensure that the expended rounds are impacting the appropriate area and not the ceiling baffles or another unintended areas. • No training equipment, props, or range tools will be removed from the range without prior approval of a Westminster Police Department Firearms Instructor. • All unintended discharges by an outside agency causing injury to a person or damage to the facility will be reported to the Westminster Police Department Watch Commander at (714) 548-3767 as soon as practicable. A Negligent Discharge/Injury form shall be completed. The form will identify the officer responsible for the discharge, any Firearms Instructor present and the situation that lead to the discharge. • Any unintended disgarges by Westminster Police Department members causing injury to a person or damage to the facility will be reported to the Westminster Police Department Watch Commander at (714) 548-3767 as soon as practicable. This will require an administrative report by the Firearms Instructor to the Rangemaster for review. Upon Rangemaster recommendation, the report will be forwarded to the Professional Standards Unit Commander. No live -fire training is to be conducted if the ventilation system is not functioning properly. 312.10 FACILITY INSPECTIONS An inspection of any areas to be used within the Training Center will occur prior to and promptly after training. When agencies using the facility notice equipment that is not functioning properly, or notice damage likely caused from their training, they will notify Westminster Police Department Range Staff or a Westminster Police Department Firearms Instructor and document the damage on the inspection form. If damages are found to be negligent and outside of normal wear and tear, the agency causing the damage will be responsible for the full cost of repair/replacement. The City of Westminster will provide the user agency with an invoice detailing cost for repair of damaged equipment, payable to the City within 120 days of receipt. If payment is not received within the specified time period, the agency will be suspended from use of the Training Center. 312.10.1 RANGE INSPECTIONS Range inspections will occur at the beginning and end of each training day to identify potential hazards, damage, or maintenance issues that would affect range operations. Copyright Lexipol, LLc 2023/06/23, all Rights Reserved. Westminster Police Range and Safety Training Published with permission by Westminster Police Department Center - 111 Westminster Police Department Westminster Police Department Policy Manual Westminster Police Department Policy Manual Westminster Police Range and Safety Training Center • A member of the Westminster Police Department Range Staff or designee will be responsible for completing a range inspection before use to identify any potential hazards or damage. • The inspections will be documented on the Range Damage Control form and forwarded to the Facility Manager. • Negligent damages to range infrastructure and/or equipment will be investigated by the Westminster Police Department Range Staff. The Facility Manager will make the final determination if the damages will require repair or replacement. • Upon completion of each training day, the user agency will provide a total count of rounds expended on the range on the Shooter Roster form. The total count will include the number of shooters, the type of weapon and caliber of ammunition expended. This ammunition count provides staff the information needed to conduct the range maintenance process and usage report of firearms fired into the trap. • Westminster Police Department Range Staff or a Firearms Instructor has the authority to conduct an immediate range inspection at any time. 312.10.2 MAT ROOM INSPECTIONS At the completion of a training session, the mats shall be cleaned with provided products. An inspection shall occur after the mats are cleaned. 312.11 RANGE CLEAN-UP The Firearms Instructor or designee will be responsible for ensuring that the range is cleaned up after the completion of training. • All expended ammunition casings will be picked up and placed in the proper receptacles. • All targets will be removed from the target carriers and placed in the proper receptacles. Copyright Lexipol, Lac 2023/06/23, all Rights Reserved. Westminster Police Range and Safety Training Published with permission by Westminster Police Department Center - 112