062-20 - Kitsap County Sheriff's Office - ContractContract No. KC-267-20
FACILITY USE AGREBMENT
(Range - Firearms Training)
THIS FACILITY USE AGREEMENT ('oAgreement") is made and entered into by the CITY OF
PORT ORCHARD and the KITSAP COUNTY SHERIFF'S OFFICE ("Renter") for use by the
Renter of the Port Orchard Firearms Range located at 1278 Lloyd Parkway, Port Orchard,
Washington, on the following terms and conditions:
1. TERM. This Agreement shall become effective on July 1,2020, and end on December
3I,2020. This Agreement shall automatically renew on a calendar year basis unless written
notice of terminaiion 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 THE 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 the
Renter. Range hours will be set by the City of Port Orchard or its authorized agent and must be
adhered to by renting agencies. Range hours shall be identified by the City of Port Orchard at
the time the Renter's schedule is approved. Use of the firing range shall include general lighting,
restrooms and custodial services for the firing range. The City of Port Orchard shall make the
key to the firing lange available to the Renter prior to the start of the use.
3. RENTAL RATE. The rate for use of the firing range shall be $65 per day payable to
the City of Port Orchard. A day shall mean ten (10) hours. In lieu of monetary payment, the
Renter may provide supplies, services, and/or manpower of equivalent value if mutually
agreeable 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. The
City of Port Orchard reserves the right to increase the rental iate at any time upon 45 days prior
written notice to the Renter.
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
Department-approved firearms instructor at all times during which the Renter's personnel are
using the premises. To assure safe operations, the range officer shall have full authorif 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 is attached. The City of Port Orchard reserves the right to modiff the range rules at
any time with 30 days prior notice the Renter.
Facilities Use Agreement - Range Page 1 of4
6. MAINTENANCE AND REPAIR. The 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 sole negligence of the
Renter's agents or employees. For the purposes of maintaining the premises, the City of Port
Orchard reserves the right, at reasonable times, to enter and inspect the premises and to make
necessary repairs to the building. The City of Port Orchard agrees to maintain the firing range in
compliance with federal, state, and local laws, and applicable Occupational Health and Safety
Administration (OSHA) standard. Renter shall clean up all garbage and debris after use,
excluding shell casings and lead.
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 the City of Port Orchard. Any insurance, self-insurance, or insurance pool coverage
maintained by the 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 parly 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. NO JOINT VENTURE. Nothing contained in this Agreement shall be construed as
creating any type or manner of partnership, joint venture, or other joint enterprise between the
Parties.
11. NO THIRD-PARTY BENEFICIARY. 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.
12. INDEMNIFICATION/IIOLD HARMLESS. 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 or damage to property, which arises out of the Renter's use of the firing range, except only
for injury, death, loss or damage to property caused by the sole negligence of the City of Port
Orchard, or its officers, officials, employees, or volunteers.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year
indicated.
Dated tnrl.5 aav orrjL)if ,Dated this _ day of _,2020
Facilities Use Agreement - Range
2020
Page 2 of 4
K ERIFF'S OFFICE
l,4r'?fr
1T
CITY OF PORT
BY:
Rob Mayor
City Clerk
DEPARTMENTAL APPROVAL :
Matthew Chief of Police
APPROVED AS TO FORM:
RPO R4
'dl
SEAt
BY:
Facilities Use Agreernent - Range
Page 3 of4
APPENDIX A
FIRING RANGE RULES
Facilities Use Agreement - Range Page 4 of 4
EEW
FTFT
Port Orchard Police Department
Policy Manual
Range Facilities
343.1 PURPOSE AND SCOPE
The Port Orchard Police Department operates a non-public firearms range for the purpose of
training sworn officers and maintaining proficiency in the use of firearms and tactics. This policy
provides rules and procedures for the use and maintenance of the range.
343.2 USE OF THE DEPARTMENT RANGE
The use of the Department range shall be limited to the sworn personnel of the Port Orchard
Police Department unless authorized by the Chief of Police or designee.
The Department may allow, lease, or otherwise enter into agreements with any federal, state,
county, or municipal law enforcement agency for use of the range facilities. No outside agency
officers may use the range without an interdepartmental contract or without having first signed a
written Agreement and Release.
During training events, the Department range shall only be operated with the presence of the
appropriate number of Department-approved range instructors and/or range safety officers.
Officers of the Department may use the range while off-duty and outside of scheduled training
events after receiving authorization from command staff and after checking the range schedule
for conflicts with other organizations using the range. Such use will be voluntary, on the officer's
own time, and officers must have a signed Agreement and Release on file with the Department.
A minimum of two officers must be present to operate the range.
343.3 RANGE SAFETY
1. lt is the responsibility of ALL personnel to commit to the safe use of the range.
1. Don't point your firearm at anything you are not willing to destroy.
2. Treat all firearms as if they were loaded.
3. Keep your finger off the trigger until you are ready to fire.
4. Be certain of your target and what lies beyond.
2. All personnel shallwear body armor at alltimes while shooting is in progress.
3. All personnel shall wear hearing and eye protection at all times while shooting is in
progress.
4. Appropriate attire is required while using the range facilities. Appropriate attire includes
long pants and closed-toed shoes or boots. Hats with brims are strongly encouraged.
Officers in training should be attired in the uniform and equipment they wear while
on-duty.
5. Loaded firearms shall remain holstered except on the designated firing line.
6. Firearms shall remain pointed downrange at all times when unholstered.
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Range Facilities - 1
Port Orchard Police Department
Policy Manual
Range Facilities
7. Officers shall load and unload theirweapons in a safe mannerwith the weapon pointed
downrange or into a clearing barrel.
B. Food, beverages, tobacco, and gum are prohibited on the range to minimize possible
lead exposure.
9. Routine safety inspections will be conducted by the Range Master or a designated
Firearms instructor. Failure to follow range safety rules may result in immediate
expulsion from the range and/or discipline. Pertaining to range/firearms safety, the
Range Master or designee shall have complete authority over personnel using the
range facility, regardless of rank or assignment.
343.4 GENERAL RANGE RULES
1. When not in use, the range gate, buildings, and storage facilities shall be locked.
2. All range regulations shall be complied with at alltimes.
3. Any damage or malfunction of range equipment shall be reported immediately to the
Range Master.
4. No fires will be allowed.
5. Upon completion of any sessions, all targets or materials used shall be returned to
their proper storage locations.
6. Any injury incurred while using the range shall immediately be reported to the Range
Master and Deputy Chief.
7 . Officers are responsible for cleaning and securing the range at the end of any training
session.
B. Any unusual activities or incidents must be reported to the Range Master.
343.5 AUTHORIZED USERS
Due to the inherent risks associated with shooting ranges and firearms training, only personnel
who are required to perform such lines of work in the performance of their duties are authorized to
use the Department's range facilities. The following persons are the only participants authorized
to participate in firearms training at the range:
(a) Port Orchard Police Officers, active and reserve.
(b) Retired officers obtaining their LEOSA certification.
(c) Outside agency personnelusing the range in conjunction with a signed usage contract
with the City of Port Orchard.
(d) Outside agency personnel training with Port Orchard Police Officers, provided they
have signed an Agreement and Release.
343.6 MEDICAL PLAN
A thorough medical evacuation plan will be kept at the range near the emergency medical bag.
The medical treatment and evacuation plan for injuries sustained during training will be briefed
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Range Facilities - 2
Port Orchard Police Department
Policy Manual
Range Facilities
during the Range Safety Brief. Emphasis will be placed on the actions required to provide aid and
assistance to any person who may be injured during training. lt is the responsibility of Firearms
lnstructors or Range Safety Officers (RSO) to ensure all persons are familiar with the locations of
first aid equipment, communications equipment, and all evacuation routes..
ln the event of a serious injury or fatality, all range operations will be terminated; the care of the
injured and security of the incident shall become the priority. The following actions shall be strictly
adhered to if there is an incident at the range facility:
1. The Firearms lnstructor or RSO will call "Cease Fire" and ensure all personnel make
safe allfirearms.
2. The Firearms lnstructor or RSO will take charge of the scene, assign personnel to
assist, and immediately initiate care for the injured.
3. The Firearms lnstructor or designee will initiate a call to Kitsap-911 for assistance,
providing the nature of the injury, condition of the injured, what medical assistance is in
progress, and any additional information that will assist emergency medical services.
4. The person contacting Kitsap-911 will jointly evaluate the need to await an EMS
response or evacuate the injured person to the hospital. Factors to consider are vehicle
access, condition of the injured, treatment being provided to the injured, and response
time of EMS.
5. The Firearms Instructor shall clear the range area and secure the incident site.
6. Once the injured has been evacuated and the scene secured, the Firearms lnstructor
shall make notifications to the on-duty supervisor and command staff.
343.7 AUTHORIZED FIREARMS AND AMMUNITION
All firearms and ammunition shall be inspected to ensure they are safe to use, serviceable, and
the proper type of caliber authorized to fire on the Department's range. The Range Master is
responsible for ensuring all firearms and ammunition are within the guidelines established.
The following restrictions on firearms and ammunition apply to all users while on the Department's
range:
(a) Only factory loaded ammunition is permitted.
(b) Ammunition other than Department-approved calibers is prohibited.
(c) Armor-piercing, incendiary, and tracer ammunition is prohibited.
(d) Black powder rifles are not authorized.
(e) The use of Sound Flash Distraction Devices (SFDD), chemical agents, incendiary
devices, smoke and/or gas devices is not authorized.
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