063-13 - City of Poulsbo - ContractContract No. 063-13
FACILITY USE AGREEMENT
(Range - Firearms Training)
THIS FACILITY USE AGREEMENT is made and entered into between the CITY OF PORT
ORCHARD and the CITY OF POULSBO on behalf of the POULSBO POLICE
DEPARTMENT("Renter") for use by the Renter of the Port Orchard Firearms Range located at the
Port Orchard Industrial Park, Port Orchard, Washington, on the following terms and conditions:
1. TERM. This Agreement shall become effective on August 1, 2013, and end on
December 31, 2014. This Agreement shall automatically be renewed on a calendar year basis unless
written notice of termination is given by either party by the proceeding November 30th of any such
year. This agreement may be executed in counter -parts.
2. USE OF RANGE. During the Term of this Agreement Renter shall be entitled to use the
Firing Range at such times and on such dates as are mutually agreed by the parties. Days of use
shall be scheduled at least thirty (30) days in advance and will be accommodated on a first
scheduled basis. Requests made with less than thirty (30) days notice shall be accommodated when
possible. Use by the City of Port Orchard shall have priority over any requested use by Renter.
Range hours will be set by the City of Port Orchard or its authorized agent and must be adhered to
by renting agencies.
3. RENTAL RATE. The rate for use of the firing range shall be $65 per day payable to the
City of Port Orchard. In lieu of monetary payment, the Renter may provide supplies, services
and/or manpower of equivalent value if mutually agreed by the parties. Renter shall submit to the
City of Port Orchard Treasurer invoices, receipts or other documentation for verification that
equivalent value has been provided. City of Port Orchard reserves the right to increase the rental
rate at any time upon 30 days written notice.
4. EXPENSES. Renter shall supply all weapons, ammunition, targets and other supplies
used in the target exercise.
5. RANGE SUPERVISION. Renter shall provide and require the presence of a qualified
range officer at all times during which the Renter's personnel are using the premises. To assure safe
operations, the range officer shall have full authority and responsibility to direct the activities of
those using the range and shall halt any activity found to be unduly hazardous. Posted range rules
shall be adhered to at all times. A copy of the current range rules are attached. City of Port Orchard
reserves the right to modify the range rules at any time.
6. MAINTENANCE AND REPAIR. City of Port Orchard shall, unless herein specified to
the contrary, maintain the premises in good repair and condition during the continuance of this
agreement, except in case of damage arising from the negligence of the Renter's agents or
employees. For the purposes of so maintaining the premises, City of Port Orchard reserves the right,
at reasonable times, to enter and inspect the premises and to make any necessary repairs to the
building. Renter shall clean up all garbage and debris after use.
RANGE CONTRACT -
7. INSURANCE For the duration of the Agreement, Renter shall maintain a self-
insurance fund or equivalent insurance against claims for injuries to persons or damage to
property which may arise from or in connection with the use of the Premises. The fund or
insurance shall provide general liability coverage of no less than $1,000,000 each occurrence,
$2,000,000 general aggregate. Renter's insurance coverage shall be primary insurance with
respect to City of Port Orchard. Any insurance, self-insurance, or insurance pool coverage
maintained by City of Port Orchard shall be excess of the Renter's insurance and shall not
contribute to it. Renter shall provide a certificate of insurance evidencing the required insurance
before using the Premises.
8. ATTORNEY' S FEES. In any action brought to enforce any provision of this Agreement, the
prevailing party shall be entitled to recover from the other party all reasonable costs and reasonable
attorney's fees incurred.
9. TERMINATION. This agreement may be terminated by either party, without cause, by
giving written notice of not less than thirty (30) days prior to the effective date of termination.
10. INDEMNIFICATION/HOLD HARMLESS. It is understood and agreed that this
Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No
joint venture or partnership is formed as a result of this Agreement. Renter shall defend, indemnify
and hold harmless the City of Port Orchard, its officers, officials, employees and volunteers from
and against any and all claims, suits, actions or liabilities for injury or death of any person, or for
loss of damage to property, which arises out of the use of the Premises or from any activity, work or
thing done, permitted, or suffered by Renter in or about the Premises, except only for injury or
damage as shall have been occasioned by the sole negligence of the City of Port Orchard.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year
indicated.
Dated this 2—q day of )LUI),A 2013
CITY OF PORT ORCHARD
ATTEST:
Q .QoVkA
.
o.
'-. •.sue-
-4
RANGE
Dated this � day of L, S u ►..'q .52013
CITY OF POULSBO
By:
Becky ric son, Mayor
ATTEST:
Jill B t , Cit C rk
DEP TMENTAL APPROVAL: DEPARTMENTAL APPRO AL:
rey C. M rti, Chief of Police Alan L. Townsend, Chief of Police
APPROVED AS TO FORM:
Gregory c y, Citylo
torney
RANGE CONTRACT - 3
APPROV D AS TOFORM: Ib
S'
James Haney, City Attorney