CCR1997215COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #215-97
APPROVAL OF COOPERATIVE AND LICENSE AGREEMENT BETWEEN
THE CITY OF MUSKEG0 AND
THE FEDERAL BUREAU OF INVESTIGATION FOR
CONSTRUCTION AND OPERATION OF A FIREARMS TRAINING FACILITY
BE IT RESOLVED that the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve the attached
Cooperative and License Agreement between the City of Muskego and the Federal
Bureau of Investigation for Construction and Operation of a Firearms Training Facility.
BE IT FURTHER RESOLVED that Police Chief John Johnson is authorized to sign the
Agreement in the name of the City.
DATED THIS 23RD DAY OF SEPTEMBER , 1997
SPONSORED BY:
FINANCE COMMITEE
Ald. Domonic R. D'Acquisto
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #215-97 which was
adopted by the Common Council of the City of Muskego.
LK.2-/1&
Clerk-&asurer
9197jmb U
This Cooperative Agreement (.AGEZ&QW-) is entered
into this
between the CITY OF PmSKEGU (CITY) and the FEDERAL. BUREAU OF
agency of the United States Government. The relates to
INVBSlTG7iTI~ (-FBI-), a Bureau of the Department of Justice, an
day of , 1997. by and
Training Facility (FIT) to be designed and constructed on the
the development, construction and operation of a Firearms
Superior Emerald Park Landfill, Inc. property, located at U.S.
Highway 45 and Union Church Road, Muskego, Wisconsin and adjacent
land as shown on the attached SITE PW. (Attachment A)
united States Code, Section 6305, are legal instruments used principally for transferring money, property, or services to a
State or local government to' accomplish a public purpose of
support or stimulation where substantial involvement is expected
between the Government agency and the recipient.
WHEREAS, Cooperative Agreements, pursuant to Title 31,
WHEREAS, the CITY and the FBI desire to proceed with
adjacent land for use as a FIT for the use of the FBI and other
the development and alteration of the Muskego Range Site and the
law enforcement agencies so designated and approved by the CITY e
contained herein, and for good and valuable consideration, the
CITY and the FBI agree as follows:
NOW THEREFORE, in consideration of the mutual covenants
1. SITE. The CITP will provide the site described as
Muskego Range Site and the adjacent land, as shown on the
attached SITJ3 PLAN, for the development and construction of the
proposed FIT.
comencing from the Date of Commencement of the lease between the
CI'IT and Superior Emerald Park Landfill, Inc. The term of the
-may be extended for a negotiated period by the CITY and
the FBI, unless the CITY requires the use of the property €or
other purposes. Any such extension must be documented in a
written modification signed by authorized representatives of the
parties hereto.
2. TKBII, The term of this shall be 30 years
3. SERVICES AEUl Dm- dosTs PRO- BY TBE J?B I.
The FBI will provide the CITP the required Construction Documents, as well as amount for the improvements shown on the
attached SIlX PLAB. All estimated costs related to the planning,
site preparation, and construction costs have been provided by
the FBI. The initial work provided under this shall be
that designated as PEASE I. The parties hereto understand that
the CITY must publicly bid this project. The FBI will provide
the funding provided for by this agreement immediately upon
Documents to be provided to the CITY by the'CITP, whichever comes
execution of this document and upon approval of the Construction
approved by the CITY and the FBI representative, the FBI will
last. If there are any necessary change orders which are
attempt to provide additional funding for that change order. In
the event of cost overrun6, the FBI will attempt to provide
additional funding. However, the provision of such additional
signed by authorized representatives of the parties hereto and
funding is contingent on a written modification to this agreement
the availability of necessary funding.
4. SERVICES -ELI BY TBE CITY. The CITP will
necessary Contract Administration for the construction of the
tiecure bids or follow its procurement procedures and provide
proposed alterations and construction of the proposed FTF. The
PHASE I improvements shall consist of the following:
(a) Grade and prepare the site for the FIT facilities as follows;
behind the target wall;
(1) Construction of a 25 foot high impact berm
ballistic protective side berms on either side of
(2) Construction of 25' to 10' high tapered
the range and between the rifle range and pistol
range ;
protective berm between pistol range and rifle
(3) Construction of a 10' high ballistic
range ;
(4) Construction of a 15' high ballistic
protective berm between the pistol range and the
combat range ;
(b) Construction of a 24-position pistol firing range
with concrete slab firing positions at the 5, 7, 15,
25, and 50 yard lines;
for installation of pistol range turning target system; (c) Construction of a concrete target wall, 32" high
carget" system; (d) Installation of a 24-point (pistol range) "turning
with concrete slab firing positions and a covered
(e) Construction of a 6-position rifle firing range
firing line at the 200-yard line;
for installation of a (rifle range') "turning target" (f) Construction of a concrete target wall, 32" high
system;
(g) Installation of a 6-point "turning target" system;
(h) Installation of baffle system on rifle range;
(i) Construction of a two-story Range Control Tower
centered on the 24-point Range, which would provide
compressor to operate the pneumatic target system;
space on che first level for the storage area and the
(j) Construction of a covered Bleacher area adjacent
to the Range Control Tower to seat 30 people;
(k) Construction of a classroom building containing
separate male and female showers/locker rooms, storage
area, range office, and gun cleaning area.
adjacent to the existing Emerald Park parking lot - (1) Construction of an asphalt paved parking area
approximately 0,000 square feet.
5. 1 mL OF PRDPERTY. Title to all
property and improvements will remain with the CITY.
6 - AlHDm AHD PERMIT APPROVALS. Development and
construction of the Fpp facilities is contingent upon obtaining
all required environmental and planning approvals by the CITY and
the lessor and/or all other government entities if necessary.
7. FACILITIES. PHASE I of the proposed FTF Project
provides for the construction and funding of the following
facilities:
(a) Grade and prepare the site for the Fl'F facilities
as follows;
(1) Construction of a 25 foot high impact berm
behind the target wall;
(2) Construction of 25' to 10' high tapered ballistic protective side bens on either side of
the range.and between the rifle range and pistol
range ;
5EV-lY-lYY? 1L3:164 FBI
(3) Construction of 10' high ballistic protective
berm between the pistol range and rifle range;
protective berm between the Ristol range and the
(4) Construction of a 15' high ballistic
combat range:
ESTIMATELJ COST: $100.000.00
with concrete slab firing positions at the 5, 7, 15,
(b) Construction OE a 24-position pistol firing range
25, and 50 yard lines;
ESTIW4TED COST: $60.000.00
for installation of a pistol range target system;
(c) Construction of a concrete target wall, 37" high
ESTIMATED COST: $15.000.00
(d) Installation of a 24-point (pistol range) "turning
target" system;
ESTIWATED COST: $30,000.00
with concrete slab firing positions, covered firing
(e) Construction of a 6-position rifle firing range
line at the 200-yard line, and target wall;
ESTIHATEL3 mST: $30,000.00
for rifle range;
(f) Installation of a 6-point "turning target" system
ESTIWiTED COST: $7.200.00
(g) Installation of a baffle system on rifle range;
ESTIMATED COSTi $l5,000.00
(h) Construction of a two-story Range Control Tower
centered on the 24-point Range, which would provide
space on the first level for the storage area and the
compressor to operate the pneumatic target system;
EsT~TKl3 -SI!: $so,ooo.oo
to the Range Control Tower to seat 30 people; (i) Construction of a covered Bleacher area adjacent
EsTnmmD COST: $9.000.00
(j) Construction of a classroom building containing separate male and female showers/locker rooms, storage
area, range office, and gun cleaning area.
ESTI"ED COST: S50,OOO.OO
adjacent to the existing Emerald Park parking lot - (k) Construction of an asphalt paved parking area
approximately 8,800 square feet
EsTylATgD COST: $30.000.00
lWI!AL ESTI"ED a)ST OF PHASB: I -:
$396,200.00
8. EACILITY OVERSIGFiT AM) OPERATIolps, The CITY will
maintain a Master Schedule for the use of the BAlyGE and the CITp
and the FBI shall have priority use of the -E. Master
scheduling by and for the parties shall occur every six months
(Sanuary and June). The CITY will grant the PBI priority access
more than thirty (30) days per year. The FBI will provide a
and exclusive use of the -E, at least twenty (201, but not
Range Master and/or appropriate supervising personnel for all of
their respective scheduled events. The CITY will control the use
of the IUWGE (when not in use by the FBI) and may make it
available to all law enforcement agencies (Federal, State, and
local). The operation of the RANGJ3 will be only by qualified and
procedures under which all agencies will operate when utilizing
the FIT facilities.
0 certified personnel. The CITY will establish rules and
9. mTuRE FACILITZES.
be addressed in Addenda to this -. The funding and use of any future facilities will
10. BwuNmmNCE OF PRO- ARIL3 FACILITTB!3. The CITY
will be responsible for maintaining the property and facilities,
including cuscadial, trash, utilities, upkeep and preventive
maintenance of facilities and grounds.
11. RBPmcEMmT/REPAnz OF EQlXwmm AM) FACILITIES -
The replacement or repair of equipment, property or facilities
damaged through negligence will be at the expense of the agency
responsible for causing such damage. The FBI's responsibility in
payment of all other costs related to the replacement and repair
this regard will be governed by the Federal Tort Claims Act. The
shall be negotiated by the FBI and the CITP and shall be reduced
to a written document signed by authorized representatives of the parties. It is understood that any responsibility of the PBI for
years.
expenses is contingent upon available funding in future fiscal
SEP-19-1997 10: 04 FB 1
12. USER FJms - Nothing in this agreement will
preclude the CITY from collecting user fees from law enforcement
agencies, other than the FBI, that may be permitted to use the FlF. Fees collected will be used by the CITY to offset operating
costs of the FTF. The amount charged to thqse other agencies
will be set by the CITY
u. CQNSTBUCTI~A OVERSIGBT AND pa~cms~ OF m-.
The CITY agrees to award the necessaj contracts for construction
of facilities and shall oversee and inspect development and
construction of the facilities.
14. FBI PLlHDIlG RESTEICTICMS - The FBI funds provided
under this will be allocated by the CITY exclusively
be utilized to support CITY operations or administration related
for the purpose set forth in this -. FBI funds shall not
to this -. Funds shall not be commingled with other CITY
accounts.
15. DX PmDm additional liability for funding other than that specifically set
forth in this or modifications to this agreement which
are signed by authorized representatives of the parties hereto
and the availability of necessary funding.
LIABILITY. The FBI shall incur no
16. INSP
authorized represenzz,':h?have access to any books,
documents, papers, and records of the CITY related to this
project, and may audit, examine or make transcripts of said
records.
RDS. The FBI, through a duly
17. BSSIGNHEU!C. This may not be a66igned by
either party.
18. TERUXHATIQl9. The CITY has the right to terminate
period and following the termination, one of the following shall
this prior to the end of the specified thirty-year
apply:
A. In the event the CITY chooses to exercise the
the improvements, the CITY shall irmnediately fully
right to terminate this prior to making
reimburse the =I.
B. In the event of a change order or Cost overrun
for which the FBI will not provide additional
funding, upon the CITY exercising its termination
rights, the CITY shall reimburse the FBI an amount
equal to any funds unspent.
C. If the CITY exercises the right to terminate
this after making the improvements, or
within one year of the transfer of the funds to
if the PaASE I improvements are not completed
the CrpP and after approval of the construction
documents by the CITY, whichever is later, unless
a later completion date is made necessary by
matters beyond the control of the CITY unless this
agreement is terminated under Subsection A or B by
the city, the FBI shall have the right to request
that the CITY reimburse the PBI an amount equal to
any funds unspent plus the residual value (cost
reduced by straight line depreciation computed
over a thirty-year service life) of the
improvements as of the date of termination. Time
is of the essence in this -.
19. HAZARWUS SwslaACBs. Each agency shall be
regulations, restrictions, ordinances, statutes, laws and orders
responsible for fully complying with all present or future rules,
processing, handling or disposal of hazardous substances
of any governmental entity regarding the storage, distribution,
chemicals or other hazardous substances.
including, but not limited to: lead, gasoline, oils, solvents,
20. INDEnarpp AHD JmuRAElCB.
A. THE FBI IS SELF-INSURED. The FBI shall be
responsible €or any claims or damages to persons
property in accordance with the terms and
and/or property arising out of its use of the
applicable Federal Law.
conditions of the Federal Tort Claims Act and
B. THE CITY IS NOT SELF-INSURED. The CITY and/or
its insurance carrier shall be responsible for any
claims or damages to persons and/or property
arising out of its use of the property in
accordance with applicable law.
C. With regard to any claims of liability which
may arise from the use of the FIT, each party expressly agrees that it will be solely and
exclusively liable for the acts or negligence of
accordance with all applicable Federal Law or its own agents. servants, and/or employees in
Wisconsin statutes. Each of the parties will hold the other'harmless from the consequences of the
act or negligence on the part o€ it's own agents,
servants, and/or employees
21. DIS- RESOLmTm.
A. The parties shall communicate with one another
in good faith and in a timely manner when raising
and attempting to resolve issues under this
AGREmmm
-
misunderstandings arise, the parties will then
B. Whenever disputes, disagreements, or
agreement as soon as practicable.
solve the issues involved by discussion and mutual
22. VALIDITY OF AG . If any clause, provision,
or section of this shall be held illegal or invalid by
any court, the invalidity of such clause, provision or section
shall not affect any of the remaining clauses, provisions or
sections hereof and this shall be construed and
enforced as if such illegal or invalid clause, provision or
section had not been contained herein.
23. CEtAlSZS '1D -, Any changes to the terms of this shall have no force and effect unless and until
they are in written form and signed by authorized representatives
of the parties hereto.
parties in separate counterparts, and all such counterparts shall
24. EXEUlTIOlU. This may be executed by the
together constitute one and the same instrument
F'BDERIkL BUREAU OF IRVESTIGATIOM
Name: MICHAEL J. SANTIMAURO
By :
Title: Special Agent in Charge
Milwaukee Division
CITP OF ?IUS-
Name :
By :
Title: Chief of Police
JOHN R. JOHNSON
FEDERAL BUREAU OF INVESTIGATION
By :
Name :
Title: Contract approval
TOTRL P. 08
Superior EmeraMPark Landfill Inc. Lease Agreement Exhibit B
Cooperative Agreement Between the FBI and City of Muskego Attachment A
Approved as of 6/03/97
Site/Operational Plan Citv Of Muskego Police Department Firearm’s Facility
Location:
W 124 S I0629 124th Street
Muskego. Wisconsin 53 150
Description:
The Firearm’s Facility is located on the Superior Emerald Park Landfill property
consisting of approximately ten acres.
Facilities:
The overall facilities would eventually include:
Phase I Improvements: (See site plan sketch)
A 24-point pistol firing range with four foot concrete walkways at the 3, 5, 7, 15, 25,
A 32 inch high target wall at the “target line” approximately fifteen feet from the base
A 24-point (pistol range) “turning target” system
A covered bleacher adjacent to the Range Control Tower to seat thirty people
An asphalt paved parking area adjacent to the existing Emerald Park parking lot, room
A 6-point Rifle Range to include covered Ramada Firing line and 32 inch target wall
A 6-point (rifle range) “turning target” system
A 2-story Range Control Tower with storage area on the first floor, 150 square
A IO-point Combat Range
Phase 11 Improvements:
ClassroodAdministration building, approximately 1,800 square feet.
Ecolom:
The DNR has no requirements or regulations for the siting of a firearm’s range, therefore,
no permits are required. Sand pits at the target berms will allow for the periodic recovery
of spent ammunition.
and 50 yard firing positions.
of the rear “impact berm”
for 25 to 30 parking spaces
foot/floor
Use of Facility:
The facility described in this document will be used exclusively for police firearm’s training
by the agencies stated in this document. Any additional use by the agencies, the City of
Muskego, or Emerald Park of this property would have to be as a modification of this
plan.
e Agencies:
The agencies permitted under this operational plan to utilize this facility are as follows:
The City of Muskego Police Department.
The Federal Bureau of Investigation - Milwaukee Office
City of Milwaukee Police Department - recruit shotgun’ training and Tactical Team
training only.
Additional agencies wishing to participate in this facility may only do so upon the
recommendation of the City of Muskego Police Department and the Standing
Committee of the Emerald Park Landfill to the Planning Commission of the City of
Muskego.
Hours of ODeration:
The range hours of operation are as follow:
Use of the range facility is limited to 65 days annually
Monday thru Friday, 8:OOAM to 5:OOPM
Saturday, 8:OOAM to 12:OO noon
Sundays and Holidays - no shooting
Evening hours until 8:OOPM will be limited to the months September thru April.
Liability:
Liability for range operations will be the responsibility of the City of Muskego.
Additionally, other departments who are using the range would be responsible and liable
through an agreement with the City of Muskego for any occurrence that would happen
while they are using the facility. The land lease agreement with Superior Emerald Park
Inc. includes a “hold harmless” clause that the City will sign accepting liability and
responsibility for the operations of this facility.
Management of Range ODerrtions:
The City of Muskego Police Department accepts the responsibility of scheduling and
maintaining of the facility and will be the contact agency for citizens or committee
members, or Emerald Park officials to inquire as to complaintdconcerns they may have
with the operation. If the complaint is not satisfactorily rectified, the complaint will be
heard by the Emerald Park Landfill Standing Committee who may recommend a solution
to the Mayor and the Common Council of the City.
Modification of Plrn:
The City of Muskego Planning Commission, upon a recommendation of the City of
Muskego Police Department and Emerald Park Standing Committee. will decide any
modifications of the site or operational plan. Residents of the sociological impact area of
the Emerald Park Landfill must be notified of any modification to the site prior to any
Standing Committee action.
0 Utilities:
~
The site shall be served by utilities existing at the site.
Noise/Safety Buffering:
The property directly north of the site will be buffered .by a protective berm. The
entire impact (target line) will be protected by a berm. The property directly south will
be protected by a berm the length of the pistol range (see site plan sketch).
A “Ramada” style structure will cover the six point rifle firing line. The structure will
provide additional noise suppression to the berm enclosed range.
Ballistidnoise barriers will be constructed between the firing point and impact berm of
the rifle range.
Site Access:
Primary access to the facility will be via the existing driveway of Superior Emerald Park
Landfill facility from US 45: An additional access from US 45 rnay’be utilized using an
existing driveway in the rifle range area near the north property line.
Trallic:
Vehicular traffic generated by the training facility will be limited. Most training events will
generate less than six vehicles.
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