Loading...
022A-12 - Washington State Patrol - ContractContract No. 022A-12 C r�J ! C(` FACILITY USE AGREEMENT (Range - Firearms Training) THIS FACILITY USE AGREEMENT is made and entered into between the CITY OF PORT ORCHARD and WASHINGTON STATE PATROL ("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 January 1, 2012, and end on December 31, 2012. 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 $65per 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 Renter is self -insured. 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 parry shall be entitled to recover from the other parry 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 _0 day of e^b , 2012 CITY OF PORT ORCHARD By:d%% TIM MATTHES, Mayor ,�(CifAy` K)near�r l,nlprI-m C(�y C1ef)< RANGE CONTRACT - 2 Dated this f4 day of r , 2012 WASHINGTO-N*TATE PATROL LOW APPROVED AS'rO FORM ST NT ATTORNEY GENE�;r�L DEPAR MENTAL APPROVAL: /A zanon.� A an L. Townsend, Chief of Police APPROVED AS TO FORM: Gregory Jacob C Attorn RANGE CONTRACT - 3 PORT ORCHARD POLICE DEPARTMENT -- FIREARMS RANGE RANGE RULES ALL USER AGENCIES MUST COMPLY 1. The firearms range is provided for the use of Port Orchard Police Department officers. Any use by other persons or agencies requires the authorization of the chief of police and a signed use agreement. 2. The range facility will maintain hours of 0900 —1900, 7 days per week. Use of the range outside of these hours requires prior approval from the Chief of Police. 3. Outside agencies requesting to use the range will: a. Report to police headquarters to sign for the keys to the facility; and b. Complete the range use log. 4. Prior to using the range, the range officer from the using agency will check the grounds and the water tower area for persons. Once the area is secure, the range entry gate shall be locked open so to block access to the water and cell tower area. 5. While at the range, officers will keep all handguns holstered unless otherwise instructed by a range officer. 6. All firearms are assumed to be loaded at all times. 7. Officers are encouraged to use the range with two or more persons, so an observer is available. Officers must have some type of communication with them such as a police radio or cell phone. 8. All persons present at range activities shall wear eye and ear protection. 9. Use of alcoholic beverages prior to or during range activities is prohibited. 10. Body armor must be worn while using the police range, whether actually participating or observing. 11. Range safety rules are posted at the range facility and must be strictly adhered to. Any violation of the range safety rules will be cause for removal from the range and/or cancellation of use agreement. 12. Agencies using the range facility will ensure that all brass is picked up after use, all targets stored and any other items used placed back in their stored position. Leave the range in better condition that when you arrived.