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HomeMy WebLinkAboutC-7982-1 - Agreement for Use of the Newport Beach Police Department's Pistol Range and Police Training FacilityN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF IRVINE FOR USE OF THE NEWPORT BEACH POLICE DEPARTMENT'S PISTOL RANGE AND POLICE TRAINING FACILITY This Agreement is made and entered into this 31st day of January 2021, by and between the City of Irvine, a municipal corporation (hereinafter referred to as "Irvine") and the City of Newport Beach, a municipal corporation and charter city (hereinafter referred to as "Newport Beach") for use of the Newport Beach Police Department's pistol range and police training facility (hereinafter referred to as "Agreement"). RECITALS A. Newport Beach has constructed and operates a pistol range and police training facility located on its property located at 870 Santa Barbara Drive, Newport Beach, California, (hereinafter referred to as "Facility"); B. Newport Beach has a full-time employee responsible for management and operation of the Facility (hereinafter referred to as "Range Master"); C. Newport Beach has promulgated certain rules and regulations concerning safety, hours of operation, and use of the Facility; and D. Irvine desires to enter into this Agreement with Newport Beach permitting Irvine to use the Facility. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Newport Beach agrees to allow Irvine's police officers who are authorized by Irvine to use the Facility, as specified in this Agreement (hereinafter, "Authorized Users"), provided the Authorized Users execute and submit to Newport Beach the Participant Release (Hold Harmless Certification) (hereinafter "Release") that is included as Appendix B to the Newport Beach Range Standard Operating Procedure, as referenced below, prior to using the Facility. 2. Newport Beach agrees to provide access to the Facility to Authorized Users during one week of each month. Irvine will use the Facility exclusively for providing firearms training/qualification to Authorized Users. Notwithstanding anything to the contrary, Irvine's use of the Facility shall at all times be subject to the supervision, direction, and control of the Range Master. California Commission on Peace Officer Standards and Training ("POST") -certified firearms instructors of Irvine will work with the Range Master to determine the dates and times that Irvine may utilize the Facility. Irvine shall be responsible for providing range staff, a monthly qualifying course of fire, frangible ammunition, range targets, remedial training, and range safety equipment for use by its Authorized Users. 3. All Authorized Users shall strictly comply with the Rules and Regulations for Use of the Facility by Irvine Police Department attached hereto and incorporated herein as Exhibit A and Newport Beach Range Standard Operating Procedure attached hereto and incorporated herein as Exhibit B (including any amendments to Exhibits A or B), and any safety order or directive of the Range Master at all times. In the event of a conflict between the Range Master's directives and the exhibits attached hereto, the Range Master's directives shall control. In the event of a conflict between Irvine's Rules and Regulations for Use of the Facility, and Newport Beach's Range Standard Operating Procedure, Newport Beach's Range Standard Operating Procedure shall control. Additionally, Newport Beach shall supply Irvine with a copy of any and all Newport Beach rules, regulations and amendments with which Authorized Users shall comply. 4. The Range Master may close the Facility at any time for any purpose. The Range Master may exclude any person from using the Facility for violating any rules and regulations relating to safety. Newport Beach reserves the exclusive right to determine the Facility's hours of operation. 5. Irvine agrees to pay an all-inclusive range fee of Four Hundred Dollars and 00/100 ($400.00) per day, or Three Hundred Dollars and 00/100 ($300.00) per one-half day. Newport Beach reserves the right to increase the range fee, upon thirty (30) calendar days' prior written notice. Any fee increase shall not be greater than any increase which may be imposed upon any other agency authorized to use the Facility. 6. The Facility is a LEAD-FREE facility. Any lead discovered by Newport Beach that is found to be the responsibility of Irvine or Irvine's Authorized Users will incur a penalty of One Thousand Five Hundred Dollars and 00/100 ($1,500.00) per round, charged to Irvine. 7. Any damage or negligent discharges into the rubber matting of the Facility by Irvine or Irvine's Authorized Users will incur a repair fee of Five Hundred Dollars and 00/100 ($500.00), charged to Irvine. 8. Newport Beach shall provide weapon cleaning facilities and supplies at no cost to the Authorized Users of the Facility. 9. Newport Beach shall submit a monthly invoice to Irvine and Irvine agrees to make payment to Newport Beach on or before thirty (30) calendar days from the date of invoice. E 10. To the fullest extent permitted by law, Irvine shall indemnify, defend and hold harmless Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement by Irvine, its officers, agents, or employees, any services provided under this Agreement, Irvine's officers, agents, or employees presence at the Facility or activities conducted pursuant to this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require Irvine to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Irvine 11. Newport Beach shall not be liable for any loss, damage or injury of any kind whatsoever to Irvine, its property, or to any of its officers, employees, agents, guests or invitees, or any other person, caused by any use of the Facility, or by any defect in any building, structure or any other improvement at the Facility, or arising from any accident on the premises. Irvine waives all claims and demands against Newport Beach for any such loss, damage or injury. 12. Without limiting Irvine's indemnification of Newport Beach, and prior to commencement of use of the Facility, Irvine shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. Irvine agrees and represents that all of its officers, employees, agents, or other personnel that may utilize the Facility are doing so within the course and scope of their duties as an employee, officer or agent of Irvine and are in no way employees of Newport Beach. 14. Irvine shall at all times be responsible for the training of its officers. While Irvine may participate in various training exercises hosted by Newport Beach or directed by the Range Master or other personnel, Irvine shall be responsible for reviewing the training and ensuring the adequacy and appropriateness of all training provided to its officers. Irvine acknowledges that any courses of fire, tactical instruction, use of force information, or any training or information whatsoever provided by Newport Beach is for range operational purposes only. 3 Newport does not warrant that any training or tactics whatsoever used in any course of fire is consistent with Irvine training or policy. As Irvine has the ultimate authority for training its officers, Irvine shall defend, indemnify, and hold harmless Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers for all claims to the extent they result from actual or alleged inadequate or inappropriate training received under this Agreement. 15. Either party may terminate this Agreement at anytime, without cause upon thirty (30) calendar days' prior written notice. 16. The persons executing this Agreement on behalf of Irvine and Newport Beach warrant that: (i) they are duly authorized to execute and deliver this Agreement; (ii) formally bound to the provisions of this Agreement, and (iii) the entering into this Agreement does not violate any provisions of any other agreement to which the party is bound. 17. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 18. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 19. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 20. This Agreement may be modified or amended only by a written document executed by both Irvine and Newport Beach and approved as to form by the City Attorney for Newport Beach. 21. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. [SIGNATURES ON NEXT PAGE] 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Signed in Counterpart Title: Print Name: ATTEST: By: Signed in Counterpart Title: Print Name: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE: A r n C. Harp City Attorney ATTEST: In Leilani I. Brown City Clerk Attachments: CITY OF IRVINE: A municipal corporation By: Signed in Counterpart Title: Print Name: CITY OF NEWPORT BEACH, A municipal corporation and charter city By: Gr K. Leung Cit Manager Exhibit A — Rules and Regulations for Use of the Facility by Irvine Exhibit B — Range Standard Operating Procedure Exhibit C — Insurance Requirements 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO moss. City of Irvine By:�� ' Title: C/ Print Name: '4��=�` ATTEST: By: G;_��- Title: Interim City Clerk, City of Irvine Print Name: Carl Petersen APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE: By: Aaron C. Harp City Attorney ATTEST: By: Leilani I. Brown City Clerk Attachments: in Title: Print Name: APPROVED AS TO FORM: By: Jeffry M41ching City Attorney, City of Irvine CITY OF NEWPORT BEACH, A municipal corporation and charter city M Grace K. Leung City Manager Exhibit A — Rules and Regulations for Use of the Facility by Irvine Exhibit B — Range Standard Operating Procedure Exhibit C — Insurance Requirements EXHIBIT "A" RULES AND REGULATIONS FOR USE OF THE FACILITY BY IRVINE 1. RULES AND REGULATIONS: A. The Rangemaster shall submit a monthly schedule to Irvine with dates and times for range qualification. All Irvine personnel shall qualify according to the monthly schedule. B. All Irvine personnel shall park in the parking lot to the rear of the Newport Beach Fire Station next to the Newport Beach Police Department located at 870 Santa Barbara Drive, Newport Beach, California. All Irvine personnel shall enter through the East side door for the Newport Beach Police Station at the bottom of the stairs. C. All Irvine personnel who are not in uniform must wear a visible police badge or I.D. card at all times while in the Facility. 2. THE FACILITY OPERATION CONDITIONS: A. The Range Master will be present during operation and will have ultimate Facility authority over all users. B. The Range Master will provide remediation of shooting problems as needed if desired, and as time permits. C. No shotgun slug or rifle ammunition will be permitted. D. Newport Beach will supply weapon cleaning facilities and supplies. 3. IRVINE POLICIES: All Irvine personnel shall comply with all applicable provisions of Newport Beach Police Department Range Standard Operating Procedure attached hereto as Exhibit "B" and all subsequent amendments to the Agreement. A-1 EXHIBIT "B" RANGE STANDARD OPERATING PROCEDURE ("RSOP") OPERATING PROCEDURE Point of Contact Range Master Kyzer Newport Beach Police Department Support Division 949-644-3678 Vkvzer@nbpd.ors Contents SECTION 1: ADMINISTRATIVE POLICIES AND PROCEDURES 1.1 General —^—^—^—^—^—^—^—^—~—^—^--~^—^—^—^---`—.—.—.. 1 1.2 Purpoae--..~.--.—..--..—.~.~—..—.—.—.—..—.—.—.—.—... 1.3 Scope —^—^—^-1 1.4 VVakxsrs —..—.—.—~—.—.—.—.—.—,—,—,—,_—_~_,_,_~_~_. 1.5 RSOP Reviews, Recommendations and [hangea------------------ 1 SECTION 2: GENERAL FACILITYINFORMATION 2.1 Facility Deachpbon-------------------------------. 2 2.2Facility Management ------------------------------..2 2.3Site Location —^—^—`—^—^—^—^^----^—^—^—^---^—^—^^—.--..3 2.4 Points ofContact --------------------------------. aECTION3.'PERSOwNEL ASSIGNMENTS AND RESPONSTBXLZTZES 3.1 NBRF Range Master —^—^—^-3 3.2Range Master --^—^—^—^—^—~—^—^—^—^—^—~—^—~—^—^—,--..4 3.3 AangeSafatyOfficer---- --------------------------.. SECTION 4. RANGE SAFETY POLICIES 4.1Authorized Personnel .......................................................................................... 4.2NBRFRange Safety Officer Course ......................................................................... 4.3Medical Evacuation Plan/Treatment ofInjured Personnel ......................................... 1U 4.4Range Capabilities ,_,_,11 4.SAuthorized Firearms and Ammunition _,_,_,_,_,_~_,_,_,_,_.—....13 4.6 General Range Safety Rules --------------------------..12 4.7Range Inapeotons ' —^—^—^—^—^—^—~—^—^—^—^—^—^—^—^—^—.—...1S 4.8 Range Clean-up ................................................................................................. 16 SECTION 5. SCHEDULING AND LEASING INFORMATION S.1Scheduling Procedures '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''...........l7 5.2Scheduling Priorities _,__~_,_,_,_,_,_,_,_,_,_,_,_,_.—.—.17 5.3 Joint Training Requirements --------------------------..17 5.4 Participant Release/Hold Harmless Requirements ................................................... 1@ SECTION 6: RSOP CHANGE HISTORY -~^^-^^^-~^^-^^^-^^^-~^-~^^^-^^^-^^^--^^^-^^^-^^~-^^^-.~.~. 19 SECTION 7. RSOP APPENDICES SECTION I; ADMINISTRATIVEPOLICIESANDPROCEDURES 1.1 General. This RSOP provides the minimum safety guidelines for all agencies to follow when conducting firearms training at the Newport beach Range Facility (NBRF). All users of this order must remember that safety requirements outlined in this document are the minimum required safe operating procedures under ideal conditions. Not all training will occur under such ideal conditions; therefore, all participants must be aware of the risks and hazards involved and implement appropriate control measures to mitigate injuries, loss of life or limb, damage to property and compliance with environmental regulations. 1.2 Pur ose. This document establishes the Standard Operating Procedures (SOP) and guidelines for the conduct of firearms training at the NBRF. This document outlines the Newport Beach Police Department's policies for use of the NBRF by various local, state, and federal law enforcement agencies and programs that are required to conduct firearms training to meet organizational training and proficiency requirements. 1.3 Scope. The policies and procedures established herein govern all local, state, federal, and private agencies and their personnel whom participate in training at the NBRF shooting range. This RSOP is a consolidated reference that will assist agencies in the planning and safe execution of firearms qualification, sustainment, and proficiency training. If procedures are not outlined in this document, then the appropriate waivers must be submitted to the NBRF Range Master for review, staffing, and approval. 1.4 Waivers. Requests to deviate from the policies listed in this RSOP must be submitted via an official waiver from the requesting agency. The NBRF Range Master will evaluate the waiver and consider and/or approve. Approved waivers will be retained in the agency's file at the NBRF. 1.5 RSOP Reviews, Recommendations and Changes. Annual reviews of this RSOP will be conducted by the NBRF Range Master and Newport Beach Police Department Firearms Training Unit (FTU). Recommendations or change requests from other agencies are invited. Such recommendations will be forwarded to the NBRF Range Master for review and approval/disapproval. All changes that are approved will be documented in each copy of the RSOP using the change log listed in Section 6. The most current version of the RSOP will be retained at the NBRF and is available on the city website. NBRF is a Lead Free Range, any agency firing lead bullets will be fined $1,500.00 per round When discovered at the end of Training. GENERAL FACILITYINFORMATION 2.1 Facility Description. The Newport Beach Range Facility (NBRF) is a Five lane, Lead Free, 25 -yard range facility that provides training resources which can replicate emergency scenarios for various types of public safety operations. The NBRF is predominantly used by d law enforcement agencies to maintain and enhance proficiency and to increase the readiness of its Law Enforcement agency. The training conducted at this facility is crucial for rapid responses to emergencies within the City of Newport Beach and outlying cities, to include supporting incidents nationwide. 2.2 Facility Management. The NBRF is managed by the Newport Beach Police Department. The Range Master supervises the scheduling, maintenance, training, and operations conducted at the NBRF. For scheduling and training, agencies are required to contact: Name/Title: Vincent Kyzer / Range Master Telephone number: 949-644-3678 Email address: vkyzer0nbpd.org Fax number: 949-644-3794 2.3 Site Location. The below data lists the NBRF's location and U.S. Geological Survey (USGS) information: • Physical address: 870 Santa Barbara Dr. Newport Beach, Ca 92660 • Map Sheet: Newport Beach OE S Quadrangle, California -Orange (7.5 Minute Series) • Latitude and Longitude: 33.62310N, 117,88050 W • Grid Reference System (10-digit/WGS-84 Datum): 11S MT 18492 20780 2.4 Points of Contact. For additional information regarding the NBRF, agencies or personnel can contact the NBRF Range Master. SECTION 3: PERSONNEL ASSIGNMENTS AND RESPONSIBILITIES 3.1 NBRF Range Master. The Range Master is responsible for overall maintenance and management of all activities conducted at the NBRF. The Range Master works under the supervision of the Public Works Department, Property and Environmental Management Division and is the primary contact for scheduling NBRF training resources The Range Master has experience with coordinating training, facility safety, and the proper use of specialized training systems such as shooting ranges and fire simulation equipment. 3.1.1. The Range Master coordinates the appropriate training and maintenance support for all NBRF training systems as needed by various agencies to fulfill their respective training requirements. 3.1.2. The NBRF Range Master's responsibilities may include, but are not limited to, the following tasks: • Manage day-to-day operations to include facility maintenance activities, monitoring security, supervising custodial staff, coordinating multimedia equipment set-up, hosting facility tours, and enforcing policies and procedures related to compliance and safety. • Schedule the use of all training center shooting ranges, fire props, and training rooms for city personnel and outside agencies. • Develop and monitor the facility budget to include tracking maintenance costs and establishing annual contracts for services. • Identify and coordinate facility improvements, including plan and bid services, development of scopes of work, and management of maintenance projects. • Oversee the scheduling of facility training resources. • Provide direct support to Newport Beach Police and Fire Departments ensuring they have direct access to the NBRF to meet department training requirements. • Develop agreements and coordinate the use of the NBRF by outside agencies. Maintain records on use by outside agencies. • Perform the duties of Range Master and/or Range Safety Officer as needed. Instruct Range Safety Officer course. Generate certificates for RSO training and maintain active Range Master and RSO list. • Coordinate general building maintenance issues with the city Facility Maintenance Division. • Develop a detailed schedule for replacement and repair of equipment and infrastructure. 3 • Ensure that Participant Release Forms, insurance requirements, and Agreements for Use are routed for approval and executed appropriately for all outside agencies and users of the facility. • Promote the facility to local, state, and regional law enforcement, fire, and EMS agencies and programs. • Prepare a monthly report on facility usage and occupancy percentages. • Draft, review and establish compliance and safety protocols for range standard operating procedures, facility maintenance management procedures, storm water pollution protection, lead poisoning prevention and employee safety. • Hire and schedule Range Masters to supervise and support leasing operations for firearms training events. • Provides support and fills the Range Master billet as required. 3.2 Ranae Master. The Range Master is the officially designated Officer -In -Charge (01C) of range safety when any training is being conducted on the NBRF shooting ranges. The assignment of a Range Master safeguards the safety and liability interests of the city by supervising all indoor shooting range training activities in accordance with Section 4 of this RSOP. 3.2.1. The Range Master has the authority to immediately revoke range privileges from any person for any violation of the rules or policies outlined in this RSOP and/or Agreements for Use (applicable to outside agencies). Anyone in violation of the NBRF range rules or policies governed by this RSOP may be ordered to leave the ranges and premises immediately. 3.2.2. The Newport Beach Police Department's Weapons Training Unit (WTU) will be responsible for assigning a Range Master to supervise their range training events. The Range Master will be a member of the Weapon's Training Unit (WTU) and will be assigned to supervise range operations by the Newport Beach Police Department's senior officer in charge of range operations. 3.2.3. The NBRF Range Master or designated city staff will be responsible identifying Range Master personnel for all agencies outside of the City of Newport Beach that agree to lease the NBRF shooting ranges. This will normally be completed through the establishment of professional service contracts with personnel who have the training and safety qualifications to supervise range operations, oversee range safety, and safeguard the liability interests of the city during leased training events. 3.2.4. The Range Master's primary responsibilities are to supervise firearms training and to enforce range safety policies in accordance with this RSOP. The Range Master will only supervise training and will not participate in any firearms instruction or live fire training events while filling this critical safety billet. The Range Master's duties and responsibilities may include, but are not limited to, the following tasks: 9 • Read, understand, interpret, and enforce the policies contained within this RSOP. • Instruct the NBRF Range Safety Officer Course. • Report for duty one hour prior to the first scheduled live fire training event to conduct range inspections and operational checks of all range equipment systems. • Conduct pre- and post- range inspections using the Shooting Range Inspection Form (Appendix Q. Report any maintenance or safety issues with the ranges immediately to the Range Master. • Ensure all participants have filled out the proper Participant Release Form as required and provide copies of these documents to the NBRF Range Master. • Conduct joint inspections of firearms, equipment and ammunition with the Range Safety Officer(s) to ensure all equipment is safe, functional, of the proper caliber (ammunition) and compliant with the policies listed in the RSOP. • Understand medical procedure plan for the evacuation of injured personnel (Section 4.3). • Conduct thorough safety briefs with all participants. These briefs will include discussion of the range capabilities, range rules, evacuation in case of fire, and the medical evacuation procedures of injured personnel. • Ensure all participants clear, make safe, case or holster all firearms prior to leaving the active range. • Ensure that sufficient Range Safety Officers (RSOs) are present to cover the four shooters to one RSO ratio during all live fire training events. • Ensure all ammunition is sorted, cleared and placed into the proper recycling containers. • Supervise range cleanup and coordinate post firing inspections with the RSO and the NBRF Range Master. • Monitor ammunition handling and provide a final ammunition count with type and quantity of rounds expended to the NBRF Range Master at the end of each training day. • Ensure all shooters have the proper protective equipment on at all times prior to entering the range area. • Notify EMS and initiate medical support for all injuries or mishaps. • Immediately notify the NBRF Range Master of any injuries or damages to equipment. • Assist with mishap, injuries, and incident investigations. 5 • Coordinate future training events and scheduling with the NBRF Range Master. 3.3 Range Safety Officer. The Range Safety Officer (RSO) is the designated expert and trainer for firearms proficiency, firearms safety, weapons handling and tactics. The RSO supervises all personnel and training activities which take place on the NBRF indoor ranges. The RSO will manage all courses of instruction, enforcement of safety policies, and personnel movements on the active range. The RSO falls under the direct supervision of the Range Master. All RSOs will be required to have the following qualifications: • Sworn Law Enforcement Officer Certification (P.O.S.T.) • Firearms Instructor Certification • Agency designation as a Range Safety Officer • First Aid and CPR certification 3.3.1. Prior to training at the NBRF all personnel who will fulfill the duties of an RSO will be required to participate in the NBRF Range Safety Officer (RSO) Course. This course will cover facility capabilities, facility safety, lead poisoning prevention, range rules, pre- and post -range inspections, medical evacuation procedures, and cleanup requirements. Upon completion of this training, all RSOs will be appointed in writing by the NBRF Range Master. 3.3.2. All outside agencies leasing the NBRF for training will also assign personnel to attend the NBRF RSO course. Prior to attending the RSO course, all personnel will be required to provide copies of their respective training certificates as listed above. Once personnel have completed the course, they will be appointed in writing as a NBRF RSO for their respective agencies. This appointment will remain valid for two years and will be kept on file at the NBRF. 3.3.3. The NBRF Range Master will maintain individual agency files and will ensure all personnel from outside agencies are appointed in writing before supervising range operations at the NBRF. If safety policies and/or terms of this RSOP are not adhered to, RSO appointment and range privileges will be revoked. 3.3.4. The RSO is the key element of safety and will ensure all requirements in this RSOP are met. The RSO will coordinate with the Range Master to ensure that all safety requirements are in place and all hazards or risk to personnel and equipment are mitigated prior to the start of any training. The RSO's duties and responsibilities may include, but are not limited to, the following tasks: • Attend the NBRF Range Safety Officer Course. • Read, understand, interpret and enforce all policies contained within this RSOP. Coordinate with the Range Master and NBRF Range Master prior to training to establish range inspection and set-up times. A • Coordinate and rehearse the training plan to ensure operational risk management procedures are in place and all hazards mitigated. • Coordinate with the Range Master for range specific information and/or schedule changes and establish times to conduct joint safety briefs with range staff. • Ensure all participants have completed the proper Participant Release Form and ensure copies of these documents are forwarded to the Range Master and/or NBRF Range Master. • Facilitate the joint inspections of equipment, firearms, and ammunition with the Range Master prior to the range going active. • Conduct continuous equipment, firearms, and ammunition inspections of all participants and/or shooters to reduce mishaps. • Conduct thorough safety briefs with all participants. These briefs will include discussion of the range capabilities, range rules, evacuation in case of fire, and the medical evacuation procedures of injured personnel. • Ensure all participants clear, make safe, case or holster all firearms prior to leaving the active range. • Ensure shooters maintain awareness of the range left and right lateral limits. • Clear all firearms malfunctions and maintain direct control of shooters on the firing line. • Maintain the one RSO to four shooter safety requirement at all times. • Keep the firing line clear of all debris and monitor range backstop area for any equipment malfunctions, fires, or safety hazards. • Supervise the clean-up of expended ammunition casings and ensure placement into the proper recycling containers. • Supervise range cleanup and coordinate post firing inspections with the Range Master and/or NBRF Range Master. • Provide final ammunition count with type and quantity of rounds expended to the Range Master at the end of each training day. • Set up the ranges for subsequent training events. • Assist with mishap, injuries, and incident investigations. • Initiate medical support and provide initial care for all injuries on the range. • Monitor ammunition handling and account for all ammunition issued to personnel firing on the ranges. • Collect all unexpended ammunition and ensure that loose cartridges are placed in properly marked storage containers and returned to the Range Master and/or designated agency personnel handling ammunition accountability. SECTION 4; RANGE SAFETY POLICIES 4.1 Authorized Personnel. Due to the inherent risks associated with indoor shooting ranges and firearms training only personnel whom are required to perform such lines of work in the performance of their duties are authorized to conduct firearms training on the NBRF shooting ranges. All personnel using the NBRF shooting ranges are required to possess sufficient firearms training, and have the certifications that coincide with the training being conducted. Personnel may be required to provide credentials and certifications prior to participating in any training on the NBRF ranges. 4.1.1. The following personnel are the only participants authorized to participate in firearms training at the NBRF shooting ranges: • Police Officers, both active and reserve. • Retired Police Officers with written approval from Newport Beach Police Department training division who maintain an active, current conceal carry weapons permit (CCW). • Tactical Medics assigned to SWAT. • Armed Security Officers. • Federal Law Enforcement Officers. • Military Police/Special Reaction Teams (SRT). • Special Operations Forces. • P.O.S.T. certified firearms instructors and staff assigned to teach courses at the NBRF. • Range Safety personnel assigned to support NBRF range activities and safety oversight. • NBPD Active Non -Sworn Personnel 4.1.2. All personnel participating in firearms training that are not assigned to active service with the Newport Beach Police Department or directly supporting Newport Beach Police Department operations as a City of Newport Beach employee will be required to complete the Participant Release (Hold Harmless Certification) listed in Section 7, Appendix B. 4.2 NBRF Range Safety Officer Course. Each agency wishing to participate in firearms training on the NBRF shooting ranges will be required to attend the NBRF Range Safety Officer Course prior to conducting any training on the NBRF ranges. The primary purpose of this course is to ensure that personnel who are responsible for range safety and firearms training, regardless of agency, thoroughly understand the NBRF range capabilities, safety policies, and facility support requirements. 4.2.1. The NBRF Range Safety Officer Course typically lasts for two hours and will be provided to all agencies that have reserved the NBRF shooting ranges. The course will be held at the NBRF on an as available basis. Agencies wishing to schedule the NBRF Range Safety Officer 0 Course must contact the NBRF Range Master for availability and times. This course will cover the following topics: • Facility orientation and tour. • Safety personnel certifications, duties and responsibilities. • RSOP familiarization. • Range capabilities (required ammunition, training props, etc.) • Firearms and ammunition inspections. • Range inspection requirements. • Ammunition accountability procedures. • Range safety rules. • Firearms conditions to include clearing procedures. • Evacuation of the ranges in case of fire. • Medical protocol and evacuation of injured personnel. • Investigation of mishaps and damages to facility equipment/infrastructure. • Hold harmless and individual indemnification requirements. • Range set-up and clean-up procedures. 4.2.2. The Newport Beach Police Department WTU or city assigned Range Master will be responsible for teaching the NBRF Range Safety Officer Course. Upon completion of the RSO Course, all personnel will be assigned in writing by the NBRF Range Master and the assignment will be valid for the term listed in the agreement for use. 4.3 Medical Evacuation Plan/Treatment of Injured Personnel A thorough medical evacuation plan will be provided to all participants prior to the start of training each day. The medical treatment and evacuation plan for injuries sustained during training will be briefed during the range safety brief. Emphasis will be placed on the actions required to provide aid and assistance to any personnel who may be injured during training. It is the responsibility of the Range Master and the RSOs to ensure all personnel are familiar with the locations of first aid equipment, communications equipment, and all evacuation exits. 4.3.1. During all range operations the RSO(s) will conduct a visual survey of the range and medical kits. The RSO(s) will become familiar with the location of all trauma kits and range exits in case the evacuation of injured personnel is required. RSOs are required to carry current First Aid and CPR certifications; it is highly recommended that RSOs also have training in the proper application of tourniquets. 10 4.3.2. In the event of a serious injury or fatality, all range operations will be terminated and the care of the injured and security of the incident site becomes priority. The following actions will be strictly adhered to if there is an incident on the NBRF shooting ranges: • The RSO(s) will call "Cease Fire" and ensure all personnel make safe all firearms. • The RSO(s) will take charge of the scene, assign personnel to assist and immediately initiate care for the injured. • The Range Master will initiate the 911 call for assistance, providing nature of injury, condition of the injured, what medical assistance is in progress, and any additional information that will assist emergency medical services. • The Range Master will assist the RSO(s) in clearing the range area and securing the incident site. • Once the injured has been evacuated, the Range Master will contact the NBRF Range Master. The NBRF Range Master will contact the appropriate city staff for support. • The Newport Beach Police Department will be contacted to provide support in the incident investigation and will assign an investigating officer. • Video from the ranges will be sequestered by the Newport Beach Police Department's Information Technology section and provided to the investigating officer. • It is important that all personnel involved in the operation understand the reporting requirements and who to contact in case of a serious injury or obvious fatality. • Prior to all range operations it is highly recommended that the RSO(s) conduct a detailed rehearsal of the medical evacuation plan and treatment of any injured personnel. 4.4 Range Capabilities. The NBRF indoor ranges have the space, equipment, and technology to support a wide array of capabilities to allow flexibility and free range of movement for law enforcement firearms qualification and tactical training courses. The following highlights are capabilities that exist on the NBRF indoor ranges: • 25 yard range has twelve (5) firing lanes with no shooting stalls. • Computer controlled target systems that allow for courses of fire to be programmed to meet specific agency firearms qualification requirements. 11 • Lowlight and night shooting capabilities. • Weapons cleaning room. 4.5 Authorized Firearms and Ammunition. All firearms and ammunition will be inspected to ensure they are safe to use, serviceable, and the proper type of caliber authorized to fire on the NBRF ranges. Refusal to submit equipment for these inspections is grounds for immediate suspension of range privileges. RSO(s) are also responsible for ensuring all firearms and ammunitions are within the guidelines established in this RSOP. 4.5.1. The following restrictions on firearms and ammunition apply to all users while on the NBRF shooting ranges: • Only factory loaded Frangible ammunition is permitted. • Weapons that fire ammunition with calibers larger than 5.56 are not authorized on any NBRF shooting range. • Tracer ammunition is not authorized. • NATO grade ammunition or full metal jacketed ammunition with steel penetrator is not authorized. • Armor piercing (AP) ammunition is not authorized. • Incendiary ammunitions, flash bangs, smoke and/or gas grenades are not authorized. • Ammunition manufactured in foreign countries will be inspected to ensure it meets the restricted calibers as outlined in this section. All foreign made ammunition will be inspected for steel penetrators, steel jacketing, or other armor piercing (AP) variants before it will be authorized for use on the NBRF ranges. • Black powder (muzzle loaded) type firearms is not authorized. 4.6 General Range Safety Rules. Safety is the responsibility of every individual. Every person participating or observing training while on the NBRF ranges is a safety officer and can call "cease fire" or halt training at any time when a potential safety issue or hazard exists. Concerns for safety should never be limited to the training event itself, but should always include associated training activities that may take place at the NBRF ranges. 4.6.1. The following safety rules apply to all personnel observing and participating in firearms training on the NBRF ranges: • All personnel entering the NBRF or leaving the NBRF ranges will carry all firearms in a safe manner. 12 • All firearms brought into the NBRF 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 slide or bolts locked to the rear position, iclIIivvcu, UfIU VVccIPVII VII JQIC k(lb CIS PJILAUIC). • Everyone will treat every firearm as if it were loaded, at all times. • Never point the muzzle of any firearm at anything you do not intend to engage. • Firearms will only be loaded and unloaded on the ranges when directed by the RSO. • Firearms will be loaded and unloaded with the muzzle or barrel pointed downrange and pointing towards the berm. All loading and unloading of weapons will only take place forward of the firing lines and not in the range ready areas or near ammunition tables. • Loading or unloading of weapons will only take place on the range • The RSO(s) are responsible for ensuring that all weapons leaving the range are unloaded. If weapons are loaded, they must be holstered or cased in a safe manner. • RSO(s) will verify that all weapons are unloaded, slung and on safe, or holstered before moving downrange. • At no time will any personnel bend down to pick up equipment off the range floors until the all weapons fire has ceased, the firing line is cleared and at the direction of the RSO(s). • No ammunition is allowed in the weapons cleaning room. Personnel will ensure weapons are unloaded and safe before disassembling equipment. • No firearms or ammunition will be left unattended. • No shooting will take place until directed by the RSO(s). • Any ammunition that fails to fire will be returned to the RSO(s). • Live ammunition will not be placed into the brass collection receptacles. • All brass will be sorted to segregate live from spent ammunition and to remove any range or trash materials before depositing into the brass collection receptacles. • Brass collected and deposited into the brass collection receptacles on the NBRF ranges will not be removed from the facility grounds without approval from the NBRF Range Master. Agencies may recover their own brass as long as they provide their own collection receptacles. • No malfunctioning weapon will be removed from the firing line without first being cleared of the malfunction, unloaded completely and made safe. 13 • Ammunition will be issued and handled with care. Do not toss or throw ammunition on the ground or into container. • All personnel will wear hearing protection, eye protection, and protective body armor while participating in firearms training. • No horseplay. • No smoking, chewing tobacco, eating, or drinking is allowed on the ranges. • Sweeping the range with brooms/ dust mops provided. • Drinking of alcoholic beverages and drug use is prohibited on the facility grounds. • Appropriate clothing attire is required while shooting on the ranges. No open toe shoes or sandals are permitted. • The top edge of targets will be placed on the cardboard backers at a level below the last ballistic ceiling baffle to ensure rounds impact into the berm. • No reactive steel targets are authorized. Only cardboard backers with paper targets will be used. The use of wood target holders are authorized for the moving targets only. • At no time will any objects be placed on or inside the Steel backstops. • Sunglasses are not authorized. • RSO(s) will ensure expended rounds are impacting the berm and not the ceiling baffles or ballistic rubber blocks. • RSO(s) will report all round impacts into the ceiling baffles to the NBRF Range Master. • No training equipment, props, or range tools will be removed from the NBRF ranges without approval from the NBRF Range Master. • All negligent discharges (ND) of firearms will be reported immediately to the Range Master and/or NBRF Range Master. • All injuries, regardless of severity will be reported immediately to the Range Master and/or NBRF Range Master. •Any damage to the 4 V's will be reported to the Range Master. 4.6.2. RSO(s) will give all commands to personnel on the range and will control all activities on the NBRF ranges once firearms training commences. All personnel will load magazines at the ammunition tables or at the firing line when directed by the RSO(s). During the following events, all personnel will cease fire, make their firearms safe, and stand behind the designated firing line: 14 • When directed by the Range Master or RSO(s). • When targets malfunction or edge unexpectedly. • Whenever "Cease Fire" is called on the ranges. • Whenever any injury occurs. • Whenever a safety concern or potential safety hazard exists. 4.7 Range Inspections. Range inspections will occur at the beginning and end of each training day to identify potential hazards, damages, or maintenance issues that would affect range operations. 4.7.1. The Range Master will be responsible for coordinating a joint range inspection with the using agency RSO(s). These range inspections will be conducted each day prior to range set up and at the end of each training day after range clean-up (as described in Section 4.8) has been completed. 4.7.2. Range inspections will be documented using the NBRF Shooting Range Inspection Form in Section 7, Appendix C. All damages to equipment and facility infrastructure will be recorded on the range inspection and given to the NBRF Range Master. When agencies are using the ranges and notice equipment that is not functioning properly or notice damages from training, they will immediately notify the Range Master. The Range Master will be responsible for reporting all maintenance issues and/or range damage to the NBRF Range Master. 4.7.3. Negligent damages to range infrastructure and/or equipment will be investigated by the NBRF Range Master. The NBRF Range Master will make the final determination on if the damages will require repair or full replacement by working with the Facilities Maintenance Division. If damages are found to be negligent and outside of normal wear and tear, the using agency will be responsible for the full costs of damage. The City of Newport Beach will provide the agency with an invoice detailing costs for repair of damaged equipment, payable to the city within 30 days of receipt. 4.7.4. Upon completion of each training day, the RSO(s) will provide a total count of rounds expended on the ranges. The total count will include the type of weapon and caliber of ammunition expended. This ammunition count provides staff the critical information needed to conduct range maintenance processes, ordering of future ammunition requirements, and usage report of firearms fired into the range berm. The RSO(s) will ensure a count of ammunition expended is totaled on the spaces provided on the Range Sign -In Log provided in Section 7, Appendix A. The Range Master will verify the accuracy of this report and forward the completed documents to the NBRF Range Master. 15 4.7.5. The Range Master has the authority to conduct an immediate range inspection at any time necessary to correct range discrepancies that impact range safety, could potentially cause injuries to personnel or cause damages to equipment. 4.8 Range Clean -un. The RSO(s) will be responsible for ensuring that the NBRF ranges are cleaned up after the completion of each day. The Range Master will only conduct the post range inspection after a proper clean-up has been completed by the using agency. Range clean-up will consist of the following: • All expended ammunition casings will be picked up and placed in the proper recycling receptacles located on the range. • All targets removed from the target carriers and placed in the large recycling containers. • The berm material will be shoveled to cover all ammunition impact areas and then raked smooth to level all cavities in the granulated rubber slope. • Large debris on the floors will be picked up and deposited in trash receptacles. Personnel will use brooms to sweep the floors. • All training props will be replaced in the appropriate storage areas as identified by the Range Master. • All range trash and recycling containers will be emptied into the large receptacles located in the covered dumpster area in the east section of the training facility. • Weapons cleaning room cabinets, counters, and floors will be wiped clean and all rags deposited into the soiled rags collection receptacles. • All range tools will be returned to the proper storage areas. 16 SECTION 5; SCHEDULING AND LEASING INFORMA TION 5.1 Scheduling Procedures. The NBRF Range Master is the scheduling point of contact for all NBRF training resources. The training resources depicted in Section 7, Appendix E highlight specific areas at the NBRF that can be scheduled independently or concurrently to meet agency training requirements. 5.1.1. The City of Newport Beach Police Department will schedule NBRF ranges using Microsoft Outlook and the NBRF training resources calendar. Personnel wishing to schedule the shooting ranges can contact the NBRF Range Master for directions and access. 5.1.2. Outside agencies wishing to schedule the NBRF ranges can do so by submitting an agreement for use and a facility use application. These documents can accessed by emailing the Range Master vkvzer(c nbpd.org or by contacting the NBRF Range Master at 949-644-3678. 5.1.3. Agencies wishing to schedule the NBRF shooting ranges must have the agreement for use, facility use application, insurance requirements, and participant release statements to the City of Newport Beach no later than 30 days prior to their scheduled training date. This allows the City of Newport Beach to research and process applicable contract requirements. 5.2 Scheduling Priorities. It is the using agency's responsibility to use the ranges during their scheduled time periods. Should there be a requirement to modify range times or a need to cancel the range reservations, the agency shall notify the NBRF Range Master at 949-644-3678. 5.2.1. The NBRF shooting range is used both by the Newport Beach Police Department's Police Department and outside agencies with the City of Newport Beach Police Department having priority when scheduling their annual training requirements. Outside agencies can schedule the NBRF shooting ranges on an "as available" basis and within the listed scheduling windows below. SCHEDULING PRECEDENCE Precedence Agency Scheduling Window 1 City of Newport Beach PD 365 Days 2 Other Law Enforcement (Local & Federal) 120 Days 3 Contracted Training Courses 90 Days 5.2.2. All scheduling conflicts will be resolved by the NBRF Range Master. 5.3 Joint Training Requirements. All joint training requests with multiple agencies are required to be briefed to the NBRF Range Master 60 days prior to the event. A detailed cost analysis, training schedule, and purpose of training will be required to ensure the City of Newport Beach does 17 not subsidize outside agency training requirements and to ensure facility maintenance costs are accounted for accurately. 5.4 Participant Release/Hold Harmless Requirements Section 7, Appendix B contains the source document for personal indemnification for all personnel that wish to conduct training on the NBRF ranges. This release form does not apply to the Newport Beach Police Department's Police Officers. 5.4.1. Outside agencies will ensure that each participant completes the Participant Release prior to the first day of training. All Participant Releases will be forwarded to the NBRF Range Master for record keeping purposes. The agency requesting use of the NBRF shooting range is required to provide all Participant Releases to the NBRF Range Master 3C days prior to the event so they can be reviewed and recorded. 5.4.2. Failure to provide the Participant Release is grounds for the cancellation of all range reservations. 5.4.3. The Participant Release will be valid for a period not to exceed two years. SECTION 6: RSOP CHANGE HISTORY Date of Change Change Description Person Implementing Change SECTION 7; RSOP APPENDICES -Appendix A- Range Sign -In Log -Appendix B- Participant Release (Hold Harmless Certification) -Appendix C- Shooting Range Inspection Form -Appendix D- Facility Use Application -Appendix E- NBRF Training Resources 20 Newport Beach Range Facility(NBRF) Range Sign -In Log Date: Event Name (Circle): Open Range Weapons Qualification SWAT Training Agency: Sniper Training Weapons Test Fire Equipment Demonstration Total Rounds Expended This Sheet; — .40 Cal .45 Cal 9 mm .223 5.56 Page ____of Appendix A- Range Sign -I PARTICIPANT RELEASE (HOLD HARMLESS CERTIFICATION) (print name), have voluntarily requested that the City of Newport Beach ("City") allow me to use or observe the use of the facilities at the Newport Beach Range Facility and/or the various safety training apparatus located at 870 Santa Barbara Drive, Newport Beach, California, 92660, known as the Newport Beach Range Facility("NBRF Facilities"), for the purposes of conducting Weapons Training, on or about ['INSERT DATE/TIME ("Training Events"). I hereby acknowledge, understand and agree that the City is allowing the use of said NBRF Facilities for my sole benefit. I also acknowledge, understand and agree that by using NBRF Facilities I may be exposed to risks of damage to my person or property, including, but not limited to, personal property damage, personal bodily injury, mental or psychological effects, gunshot wounds, small explosions, strikes from bullet fragments and shell casings, falls from high structures, trip and snag hazards, falls on wet surfaces, lead contamination, falling debris, motor vehicle accidents, and/or other known and unknown hazards that may result in serious bodily injury or death. I understand, acknowledge and agree that such serious bodily injury or death may be caused, either directly or indirectly, in whole or in part, by the fact that I am present upon the NBRF Facilities site whether or not I may be participating in or observing a Training Event. I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I am fully aware of the risks and hazards inherent in using or observing the use of NBRF Facilities or participating in a Training Events, and I hereby accept and assume full responsibility for any and all risks of damage, injury, effects or death resulting to me or my property while using or observing the use of the NBRF Facilities, or participating in a Training Event, or resulting from the use or condition of NBRF Facilities, whether or not using NBRF Facilities, and whether or not the risks are known or unknown to me or to City. (Initial) I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE, in consideration for the City allowing me to use or observe the use of NBRF Facilities or to participate in the Training Events, that I, my personal representatives, heirs, next-of-kin and assigns (collectively the "Releasors") hereby release, waive, discharge, and covenant not to sue or bring any claim or demand, whether administrative, judicial or otherwise, against the City and its elected officials, officers, employees, contractors, agents, and volunteers for any and all liability from and for any loss or damage to me or the other Releasors, and from and for any claims or demands therefor on account of injury to the person or property of me or the other Releasors, including, but not limited to, personal property damage, personal bodily injury, mental or psychological effects, or death, whether caused by the negligence or willful misconduct of me, the City, other participants in the Training Events, or anyone else while I participate in the Training Events, or the condition of NBRF Facilities and whether or not using NBRF Facilities, and whether or not the risks are known or unknown to me or the City. (Initial) I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE to release on my behalf and on behalf of the Releasors any and all unknown claims. I understand and agree that the released claims include not only claims presently known to me and/or the Releasors, but also include all known and unknown, suspected and unsuspected, claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character that would otherwise come within the scope of the claims released herein. I understand that I and/or the Releasors may hereafter discover facts different from what I/they now believe to be true, which if known, Appendix B- Participant Release could have materially affected the terms of this release, waiver, indemnity and hold harmless certification, but we (the Releasors and 1) nevertheless waive and relinquish any claims or rights based on such different or additional facts. With respect to the released claims, I knowingly and voluntarily waive and relinquish any and all rights or benefits that I and/or the Releasors may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." (Initial) I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE to defend, indemnify, save and hold free and harmless the City and its elected officials, officers, employees, contractors, agents, and volunteers from any and all liability from loss, damage, cost or injury, including death, to any property or persons, including third parties, in any manner arising out of or incident to any acts, omissions or willful misconduct of me while I participate in the Training Events, whether while using NBRF Facilities, including without limitation the payment of attorneys' fees and costs (with attorneys of City's choosing, in its sole and absolute discretion). Further, I shall defend at my own expense, including attorneys' fees and costs (with attorneys of City's choosing, in its sole and absolute discretion), the City and its elected officials, officers, employees, contractors, agents, and volunteers in any action or proceeding, legal, administrative or otherwise, based upon such acts, omissions or willful misconduct. (Initial) I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that this release, waiver, indemnity and hold harmless certification is intended to be as broad and inclusive as is permitted by the laws 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 legal force and effect. (Initial) I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I have read, understand, and voluntarily sign this release, waiver, indemnity and hold harmless certification and have had the opportunity to review this certification with legal counsel, and I agree that no oral representations, statements or inducements apart from the foregoing written certification have been made, and I further agree this certification shall be binding on me and my personal representatives, heirs, assigns and next-of-kin. (Initial) I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I am age 18 or older, and that I will strictly abide by all safety requirements and other instructions given to me by any and all City personnel and/or agency instructors at all times during my presence on the NBRF site and during my participation in any Training Events or use of NBRF Facilities. (Initial) iA Appendix B- Participant Release I HAVE CAREFULLY READ, UNDERSTAND, ACKNOWLEDGE AND AGREE TO THIS RELEASE, WAIVER, INDEMNITY AND HOLD HARMLESS CERTIFICATION. I UNDERSTAND THAT I AM GIVING UP VALUABLE LEGAL RIGHTS BY SIGNING THIS RELEASE, WAIVER, INDEMNITY AND HOLD HARMLESS CERTIFICATION. I HAVE AGREED TO SIGN THIS CERTIFICATION OF MY OWN FREE WILL. I UNDERSTAND THAT I MAY SEEK THE ADVICE OF AN ATTORNEY IN ANY MATTER CONNECTED WITH THIS RELEASE, WAIVER, INDEMNITY AND HOLD HARMLESS CERTIFICATION BEFORE SIGNING. PARTICIPANT SIGNATURE: 0 Signature Printed Name Date 3 Appendix B- Participant Release Newport Beach Range Facility(NBRF) Shooting Range Inspection Form Date: Department: RSO: Range Master: Type of Training: Time of Training: Pistol Range: In Out ❑ ❑ Hold Harmless Agreements complete. ❑ ❑ Targets all turn front to side and side to front. ❑ ❑ Target carriers free from damage. ❑ ❑ Check all holes in baffles (Mark damage). ❑ ❑ Inspect ceilings for holes. ❑ ❑ Lights operate properly. ❑ ❑ Exhaust fans operate properly. ❑ ❑ Range floor clean and free of debris. ❑ ❑ Brass sorted and placed in collection barrels. ❑ ❑ Targets replaced/refaced. ❑ ❑ Tools returned to racks. ❑ ❑ Sliding doors free from bullet holes/dents. ❑ ❑ Ballistic Glass intact (Control Room). ❑ ❑ Walls and doors undamaged. 1 Rifle Range: Comments Appendix C- Shooting Range Inspection Form Newport Beach Range Facility(NBRF) Facility Use Application ❑ ❑ Ready area clean and free of debris. ❑ ❑ Cleaning room clean and trash removed. ❑ ❑ Ear and eye protection returned (if used). ❑ ❑ Range barricade equipment undamaged. ❑ ❑ Classroom clean and trash emptied. ❑ ❑ Complete Ammunition Expenditure Form. I understand the condition(s) of the range and range facility and accept responsibility for any damages caused to the range or facility by me or my trainees. Range Safety Officer: (Print name) Signature: have conducted a visual inspection with the Range Safety Officer in accordance with the NBRF Range Standard Operating Procedures. Range Master: (Print name) Signature: *Note: Return completed forms to the NBRF Range Master. Appendix C- Shooting Range Inspection Form Newport Beach Range Facility Use Application Training Resources Requested: 0 Parking 0 Pistol Range (25 Yards) Type of Training Event (Brief Description): Special Requests/Additional Services: Agency Name (Applicant): Agency Billing Address, City, State, ZIP code: Event Information Total number of Personnel: Dates Requested (MM/DD/YY): _____ // _____to Arrival Time: am / pm Departure Time: am / pm Name: Email Address: Event Point of Contact Work Phone- Circle Day(s): Sun M T W Th F Sa Main Entranc Parking/Grir Confined Spe II Phone: Vehicle Accidi RpSidpntial H *Please Note: NBRF training resources will not be reserved until requesting agency/user fulfills the agreement for use, liability insurance, hold harmless and payment requirements. A reservation number will be provided once all requirements are completed and resources have been scheduled. FOR DEPARTMENT USE ONLY Date Received: Received by: Liability Insurance Verified: Y / N Agreement for Use Required: Y/ N Verified by: _ Hold Harmless Waiver Required: Y/ N Reservation #: APPLICANT'S SIGNATURE: FACILITY FEES Shooting Range - Half Day .......................................... $300 Shooting Range - Full Day ........................................... $400 App *Fee Quotes will be sent separately after Training Resources are scheduled. DATE: Appendix D- Facility Use Application idix E EXHIBIT "C" INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Irvine's indemnification of City, and prior to commencement of use of the Facility, Irvine shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Irvine agrees to provide insurance in accordance with requirements set forth here. If Irvine uses existing coverage to comply and that coverage does not meet these requirements, Irvine agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Irvine shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Irvine shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, and employees. Irvine shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Irvine shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C-1 C. Automobile Liability Insurance. Irvine shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Irvine arising out of or in connection with the use of the Facility under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, and employees, or shall specifically allow Irvine or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non -Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Irvine shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such C-2 policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Irvine shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Irvine sixty (60) calendar days advance written notice of such change. C. Enforcement of Agreement Provisions. Irvine acknowledges and agrees that any actual or alleged failure on the part of City to inform Irvine of non- compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not LimitiR . Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Irvine maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by Irvine. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Irvine fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Irvine's right to use the Facility until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be added to amounts payable to Irvine or reimbursed by Irvine upon demand. G. Timely Notice of Claims. Irvine shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Irvine's performance under this Agreement, and that involve or may involve C-3 coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Irvine's Insurance. Irvine shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and use of the Facility. C-4 Mulvey, Jennifer Subject: FW: Compliance Alert -Vendor Number FV00000414 -----Original Message ----- From: Customer Service <customerservice�ebix.com> Sent: Thursday, February 4, 20215:51 PM To: Newman, Lisa <Inewman@nbpd.orn>; insurance@ne vportbe_3chca -ov Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number FV00000414 Warning, External email: The content or attachments contained in this message may be harmful. DO NOT CLICK links or attachments if you do not recognize the sender. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000414 City of Irvine Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. IMPORTANT WARNING and CONFIDENTIALITY NOTICE: This e-mail (and any attachment) is only intended for the use of the person or entity to which it is addressed, and may contain information that is privileged and confidential. All recipients, including employees of the City of Newport Beach, are obligated to maintain this communication in a safe, secure and confidential manner. Unauthorized disclosure or failure to maintain confidentiality is strictly prohibited and may be a violation of state and/or federal law(s) and carry criminal and/or civil penalties. Additionally, the unauthorized disclosure or failure to maintain confidentiality this e-mail (and any attachments) by employees of the City of Newport Beach may be a violation of City of Newport Beach and/or Newport Beach Police Department policies. If you are not the intended recipient, please immediately notify the sender by return e-mail and delete this message from your computer without making a copy or distribution.