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HomeMy WebLinkAboutCentral Washington Range Conservancy dba Sun Valley Shooting Park - Facilities Use Agreement AGREEMENT BETWEEN THE CITY OF YAKIMA AND CENTRAL WASHINGTON RANGE CONSERVANCY, DOING BUSINESS AS SUN VALLEY SHOOTING PARK THIS AGREEMENT (hereafter "Agreement ") is made and entered into by and between the CITY OF YAKIMA (hereafter "City "), a Washington municipal corporation, and the CENTRAL WASHINGTON RANGE CONSERVANCY, doing business as SUN VALLEY SHOOTING PARK (hereafter referred to in this Agreement as "SVSP "), a Washington non - profit corporation. WHEREAS, the SVSP operates a shooting park located at 1452 Suntargets Road, Moxee, Washington 98936 -9785 (hereafter the "shooting range "), which is located on land that SVSP leases from the property owner, Yakima County; and WHEREAS, the City of Yakima Police Department and the Yakima Fire Department need the use of a shooting range for the purpose of weapons training and - weapons practice; and WHEREAS, the City desires to use the shooting range and facilities of SVSP to assist with weapons training and weapons practice for City of Yakima employees who are authorized to carry weapons while on duty, including Yakima Police Department officers, Yakima Police Department reserve officers, City of Yakima Detention Facility correction officers, certain Yakima Fire Department investigators, and certain other City employee(s), if any, who are authorized to carry weapons while on duty (hereafter "designated City employees "); and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and SVSP as follows: 1. SCOPE OF SERVICES. SVSP will allow designated City employees to use its shooting range for weapons training and practice. SVSP's services to the City, and the procedures and protocols for the designated City employees' use of the shooting range, will include the following: a. The shooting range may be used by the designated City employees for rifle, handgun, and shotgun practice and /or qualification. Munitions of 37 and 40 millimeter ( "mm ") also may be deployed, as well as smoke and .noise flash diversionary devices by designated City employees in training exercises. b. If the date is not previously reserved, designated City employees may use the upstairs classroom in the SVSP clubhouse for instruction or testing relating to the use of weapons. c. The designated City employees will sign in at the SVSP clubhouse before using the shooting range. If it is after SVSP's normal operation hours, then the designated City employees will sign in on a sign -in sheet with the Yakima Police Department instructor, who will arrange for the sign -in sheet to be Agreement Between City of Yakima and Central Washington Range Conservancy dba Sun Valley Shooting Park - Page 1 of 7 turned in to SVSP. Yakima Police Department ( "YPD ") officers, Yakima Police Department reserve officers, City of Yakima Detention Facility correction officers, certain designated Yakima Fire Department ( "YFD ") investigators, and certain other City employee(s), if any, who are authorized to carry weapons while on duty (hereafter "designated City employees ") will present their YPD or YFD or City- issued identification which has his or her photo on the identification to the SVSP Rangemaster to show proof of membership, and therefore SVSP membership cards will not be issued to the designated City employees. d. City employees will follow all safety rules of SVSP unless a specific training topic prevents it, in which case the training will be under the direct supervision of a Yakima Police Department range instructor. e. Except for Mondays, Tuesdays & Wednesdays which are discussed in Section If & lg below, the designated City employees may use the entire shooting range at any time during SVSP's normal hours, unless there is a scheduled group event at SVSP in which a section of the shooting park is reserved for that day for that event or group. f. If prearranged with the Rangemaster with not less than 24 hours advance notice, on Wednesdays SVSP is available for the use of designated City employees for training or personal shooting time. g. If prearranged with the Rangemaster with not less than 24 hours advance notice, on Mondays & Tuesdays SVSP is available for the use of designated City employees for departmental training shooting time only. h. With the advance permission of SVSP with not less than 24 hours advance notice, and if a designated City employee instructor is present, designated City employees may use the shooting range for late night firing depending on the approval of property owner Yakima County for the late night firing. If late night firing is approved, the designated City employees will be responsible for opening and closing the gate. i. The designated City employees, including the reserve police officers, will be considered members of SVSP. However no voting rights will be extended to them. j. The City agrees to pay for all paper or clay targets provided by SVSP that the City uses at the regular SVSP membership rate for the targets. k. SVSP will provide a location at the Sun Valley Shooting Park site for the City to place a removable target storage building. All expenses related to the City's target storage building and with bringing and removing the building to and from the shooting range will be incurred by the City and not by SVSP. I. At times the City of Yakima Police Department may elect to conduct barrier shooting practice. This may include, but is not limited to, shooting through glass, wood and metal barriers. All expenses related to bringing the barriers Agreement Between City of Yakima and Central Washington Range Conservancy dba Sun Valley Shooting Park - Page 2 of 7 and related equipment to and from the shooting range and all clean -up will be paid for and /or done by the City and not by SVSP. m. With advance notice of not Tess than 24 hours notice in advance to and the subsequent approval of SVSP, the Rangemaster will provide a location where vehicle(s) may be brought for firearms training purposes. The vehicle(s) will be removed at the conclusion of the training. The City will ensure that the vehicle(s) are made environmentally sound in terms of prior draining of fluids prior to the vehicle(s) being brought to the shooting range. All expenses related to bringing the vehicle(s) to and from the shooting range will be incurred by the City and not by SVSP. 2. PERIOD OF PERFORMANCE. The period of performance under this Agreement will be one year, commencing at 12:01 a.m. on January 1, 2014, and continuing until midnight on December 31, 2014, unless earlier terminated by either party in accordance with Section 16 of this Contract. The City reserves the right to extend this Agreement for two (2) additional one (1) year periods, upon thirty (30) days written notice to SVSP prior to its expiration. The City Manager has the authority and is authorized to extend this Agreement through the City Manager's execution of up to two (2) one (1) year Extension Agreements pursuant to this Section, and any such Extension Agreement does not have to be approved by the City Council by Resolution. 3. COMPENSATION AND METHOD OF PAYMENT. Total compensation for this Agreement shall be Seven Thousand Five Hundred Dollars ($7,500.00) to be paid for the year 2014 by the City of Yakima to SVSP. SVSP shall receive payment from the City of Yakima through two checks from the City made payable to "Central Washington Range Conservancy ", each check in the amount of $3,750. The annual payment of $7,500 shall be paid by the City in six -month intervals to SVSP as follows: the first payment by the City for the year 2014 will be made by issuance of a check for $3,750 made payable to "Central Washington Range Conservancy" and shall be received by SVSP by January 15, 2014, and the second check by the City for the year 2014 will be made by issuance of a check made payable to "Central Washington Range Conservancy" and shall be received by SVSP by June 30, 2014. 4. TAXES AND ASSESSMENTS. SVSP shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, SVSP shall pay the same before it becomes due. 5. AUDITS AND INSPECTIONS. a. SVSP shall provide access of facilities to the City, the state and /or federal agencies or officials at reasonable times to monitor and evaluate the services provided under this Agreement. The City will give advance notice of not less than 24 hours notice in advance to SVSP in the case of fiscal audits pertaining to the services provided under this Agreement, to be conducted by the City. b. Records and documents pertaining to services provided under this Agreement shall be subject at all reasonable times to inspections, review, or audit by the City and /or Agreement Between City of Yakima and Central Washington Range Conservancy dba Sun Valley Shooting Park - Page 3 of 7 duly authorized federal /state officials, including but not limited to, the Washington State Auditor. The City will give advance notice to SVSP in the event an inspection of records is required, which may include a quarterly on -site audit and inspection of financial records. c. If SVSP has its annual financial statement audited by an independent certified public accountant during the period of this Agreement, one copy of such audit shall be provided to the City. 6. INSURANCE. Commercial General Liability Insurance: On or before the effective date of this Agreement, SVSP shall provide the City with a certificate of insurance as proof of commercial general liability insurance, or a combination of commercial liability and umbrella liability, in the amount of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City of Yakima, its elected and appointed officials, officers, agents, employees and volunteers as additional insureds. SVSP will provide the City with advance written notice if the policy is cancelled. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the City is damaged by the failure of SVSP to maintain the above insurance or to so notify the City, then SVSP shall bear all costs attributable thereto. If requested, SVSP shall provide the City with a complete copy of the policy. 7. INDEMNIFICATION. A. SVSP agrees to defend, indemnify, and hold harmless the City of Yakima, its officials, officers, employees and agents from any and all suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees, which result or arise out of the sole negligent acts or omissions, if any; of SVSP, its officials, officers, employees or agents related to SVSP's performance or non - performance of the services, duties and obligations required of it under this Agreement. B. The City of Yakima agrees to defend, indemnify, and hold harmless SVSP, its officials, officers, employees and agents from any and all suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees, which result or arise out of the sole negligent acts or omissions, if any, of the City of Yakima, its officials, officers, employees or agents related to the City's performance or non - performance of the services, duties and obligations required of it under this Agreement. C. If any suits, judgments, actions, claims or demands arise out of or in connection with the negligent acts and /or omissions of both SVSP and the City of Yakima or their officials, officers, employees or agents pursuant to this Agreement, each party shall be liable for its proportionate share of negligence for any resulting suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees. 8. NONDISCRIMINATION. During the performance of this Agreement, SVSP shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the Agreement Between City of Yakima and Central Washington Range Conservancy dba Sun Valley Shooting Park - Page 4 of 7 basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 9. USE OF COMPENSATION. SVSP shall use all compensation provided in Section 3 of this Agreement to pay for labor, equipment, materials, and overhead in its operations and for the services to be provided by SVSP as described in Section 1, "Scope of Services ". 10. INDEPENDENT CONTRACTOR STATUS OF CENTRAL WASHINGTON RANGE CONSERVANCY, DOING BUSINESS AS SUN VALLEY SHOOTING RANGE. SVSP and the City understand and expressly agree that SVSP is an independent contractor in the performance of each and every part of this Agreement. SVSP, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, SVSP and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and /or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between SVSP or any officer, employee or agent of SVSP and the City. 11. INTEGRATION. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. 12. MODIFICATIONS. Either party may request modifications to this Agreement but no proposed modifications to this Agreement shall be valid or binding upon either party unless such modification is in writing and executed by both parties. 13. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or transferred in whole or in part by SVSP to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of SVSP stated herein. 14. NON - WAIVER. The waiver of either the City or SVSP of the breach of any provision of this Agreement by the other party shall not operate and /or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 15. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. TERMINATION. This Agreement may be terminated, with or without cause, prior to the date specified above in Section 2, by written notice from either party to the other thirty (30) days in advance of the termination. In the event of termination, the amount of compensation shall be prorated monthly to the nearest full month of service, and SVSP shall issue a prorated refund to the City for any unused months in the applicable six -month period. Agreement Between City of Yakima and Central Washington Range Conservancy dba Sun Valley Shooting Park - Page 5 of 7 17. SURVIVAL. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 18. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: Tony O'Rourke, City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Dominic Rizzi Jr., Chief of Police Yakima Police Department 200 South Third Street • Yakima, WA 98901 -2830 TO SVSP: Gary Fairbanks, President Central Washington Range Conservancy, doing business as Sun Valley Shooting Park 1452 Suntargets Road Moxee, WA 98936 -9785 Gary Fairbanks, President c/o Central Washington Range Conservancy, doing business as Sun Valley Shooting Park 1908 South 44 Avenue Yakima, WA 98903 or to such other addresses as the parties may hereafter designate in writing. Notices and /or demands shall be sent by both first class mail postage prepaid and by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 19. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Agreement Between City of Yakima and Central Washington Range Conservancy dba Sun Valley Shooting Park - Page 6 of 7 CITY OF YAKIMA CENTRAL WASHINGTON RANGE CONSERVANCY, doing business as SUN VALLEY SHOOTING PARK By By A.`Le, - Ton�Rour e, City Manager ary Fairb ICs, President Date: 13` j Date: /2--47 Z 23 �� Ik ATT - ! * ,� I ��i� B ..Il ��� / � */' * A City Clerk V 6 '••. City Contract No.: , 0 3- a3 1 � %,„ „„, Resolution No.: A STATE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA ) I hereby certify that I know or have satisfactory evidence that Gary Fairbanks is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated that he was authorized to execute the instrument and acknowledged it as the President of the Central Washington Range Conservancy, doing business as Sun Valley Shooting Park, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this / may ofAC.e/l' l 2013. o willitto o ` s rF'' , .•NpT � Prin ame: � n� / . i krA , -ertf' ? i• :2 : N e` ARY PUBLIC in and for the State of -C • ni,» ��� • Washington, residing at P9 2 - S /. - 2 420/4 • z My appointment expires:W4A4 /, ?0% l i ' �i d.. BUG ,.�C `���• ' / WAS14%”„ � Agreement Between City of Yakima and Central Washington Range Conservancy dba Sun Valley Shooting Park - Page 7 of 7 First Extension and Amendment of Agreement Between the City of Yakima and Central Washington Range Conservancy, Doing Business as Sun Valley Shooting Park This First Extension and Amendment of the Agreement between the City of Yakima and Central Washington Range Conservancy, doing business as Sun Valley Shooting Park (hereafter "SVSP ") (City Contract No. 2013 -232) is made and entered into by and between the City of Yakima (hereafter the "City ") and SVSP. Whereas, the City has entered into said Agreement with SVSP for the use of SVSP's shooting range for weapons training and weapons practice for certain designated City employees and purposes; and Whereas, the original term of said Agreement was for a one (1) year period from January 1, 2014, and ending December 31, 2014; and Whereas, Section 2 of said Agreement allows the City the right to extend the Agreement for two (2) additional one (1) year periods; and Whereas, the City wishes to extend the Agreement through a First Extension and Amendment to the Agreement for an additional one (1) year period, which one -year term will commence on and be retroactive to January 1, 2015, and will end at midnight on December 31, 2015, subject to the provisions of this First Extension and Amendment; and Whereas, SVSP wishes to increase the total compensation for said Agreement to Eight Thousand Dollars ($8,000.00) to be made by the City to SVSP in one payment; and Now, therefore, the City and SVSP agree to the following one (1) year extension of the Agreement, under the conditions set forth: 1. PERIOD OF PERFORMANCE. The term of the Agreement (City Contract No. 2013 -232) is hereby extended for one (1) year, which term commences on and is retroactive to January 1, 2015, and will end on midnight on December 31, 2015, at which time said Agreement shall terminate, unless sooner terminated by either party in accordance with First Extension and Amendment of Agreement between the City of Yakima and Central Washington Range Conservancy Doing Business as Sun Valley Shooting Park Section 16 of the Agreement, or unless the Agreement is extended for another one (1) year period as specified in Section 2 of the Agreement. For the purpose of this first Extension, both parties waive the thirty -day written notice provision relating to extensions that is referred to in Section 2 of the Agreement. `■ 2. COMPENSATION AND METHOD OF PAYMENT. Section 3 of the Agreement is amended as follows: Total compensation paid pursuant to this First Extension shall be Eight Thousand Dollars ($8,000.00) to be paid for the year 2015 by the City of Yakima to SVSP. The annual payment shall be paid by the City of Yakima by issuance of one check in the amount of $8,000 made payable to "Central Washington Range Conservancy" and shall be issued by the City and received by SVSP on or before February 13, 2015. 3. NOTICES. Section 18 of the Agreement is amended to change the second listed notice address to SVSP as follows: TO SVSP: Gary Fairbanks, President Central Washington Range Conservancy doing business as Sun Valley Shooting Park 1452 Suntargets Road Moxee, WA 98936 -9785 Gary Fairbanks, President c/o Central Washington Range Conservancy doing business as Sun Valley Shooting Park 7001 West Yakima Avenue Yakima, WA 98908 First Extension and Amendment of Agreement between 2 the City of Yakima and Central Washington Range Conservancy Doing Business as Sun Valley Shooting Park Except as expressly modified herein, all other terms and conditions of the Agreement Between the City of Yakima and Central Washington Range Conservancy, doing business as Sun Valley Shooting Park (City Contract No. 2013 -232) remain in full force and effect. CITY OF YA IMA CENTRAL WASHINGTON RANGE CONSERVANCY, doing business as SUN VALLEY SHOOTING PARK ,„ B : r ( By: �. _ - -/ . , ony O; P, urk a, City Manager Gar s • nks, President Date: t 4 v , _.S Date: / __' Q • TTEST: YAK� \ \\ Ai � .. *.. • s t t CT Clerk ; v f 1 ■ City Contract No 2013-2a;2'' s "z �. Resolution No.: N/A First Extension and Amendment of Agreement between 3 the City of Yakima and Central Washington Range Conservancy Doing Business as Sun Valley Shooting Park . Second Extension and Amendment of Agreement Between the City of Yakima and Central Washington Range Conservancy, Doing Business as Sun Valley Shooting Park This Second Extension and Amendment of the Agreement between the City of Yakima and Central Washington Range Conservancy, doing business as Sun Valley Shooting Park (hereafter "SVSP ") (City Contract No. 2013 -232) is made and entered into by and between the City of Yakima (hereafter the "City ") and SVSP. Whereas, the City has entered into said Agreement with SVSP for the use of SVSP's shooting range for weapons training and weapons practice for certain designated City employees and purposes; and Whereas, the original term of said Agreement was for a one (1) year period from January 1, 2014, and ending December 31, 2014; and Whereas, Section 2 of said Agreement allows the City the right to extend the Agreement for two (2) additional one (1) year periods; and Whereas, the City exercised the right to extend the agreement for an additional one year in the Frist Extension and Amendment of the Agreement between the City of Yakima and Central Washington Range Conservancy, Doing business as Sun Valley Shooting Park; and Whereas, the City wishes to extend the Agreement through a Second Extension and Amendment to the Agreement for an additional one (1) year period, which one- year term will commence on January 1, 2016, and will end at midnight on December 31, 2016, subject to the provisions of this Second Extension and Amendment; and Whereas, SVSP wishes to keep the total compensation for said Agreement to Eight Thousand Dollars ($8,000.00) to be made by the City to SVSP in one payment; and Now, therefore, the City and SVSP agree to the following one (1) year extension of the Agreement, under the conditions set forth: First Extension and Amendment of Agreement between 1 the City of Yakima and Central Washington Range Conservancy Doing Business as Sun Valley Shooting Park 1. PERIOD OF PERFORMANCE. The term of the Agreement (City Contract No. 2013 -232) is hereby extended for one (1) year, which term commences on January 1, 2016, and will end on midnight on December 31, 2016, at which time said Agreement shall terminate, unless sooner terminated by either party in accordance with Section 16 of the Agreement. For the purpose of this Second Extension, both parties waive the thirty -day written notice provision relating to extensions that is referred to in Section 2 of the Agreement. 2. COMPENSATION AND METHOD OF PAYMENT. Section 3 of the Agreement is amended as follows: Total compensation paid pursuant to this Second Extension shall be Eight Thousand Dollars ($8,000.00) to be paid for the year 2016 by the City of Yakima to SVSP. The annual payment shall be paid by the City of Yakima by issuance of one check in the amount of $8,000 made payable to "Central Washington Range Conservancy" and shall be issued by the City and received by SVSP on or before January 1, 2016. 3. NOTICES. Section 18 of the Agreement is amended to change the listed notice President to SVSP as follows: TO SVSP: Jerry Bounds, President Central Washington Range Conservancy doing business as Sun Valley Shooting Park 1452 Suntargets Road Moxee, WA 98936 -9785 2 First Extension and Amendment of Agreement between the City of Yakima and Central Washington Range Conservancy Doing Business as Sun Valley Shooting Park Except as expressly modified herein, all other terms and conditions of the Agreement Between the City of Yakima and Central Washington Range Conservancy, doing business as Sun Valley Shooting Park (City Contract No. 2013 -232) remain in full force and effect. CITY OF YAKIMA CENTRAL WASHINGTON RANGE CONSERVANCY, doing business as SUN VALLEY SHOOTING PARK By: 8.604/ By: City • ,f''. ger J: Bo •'s, President Date: 1 2(U 1 IS Date: )(9-g) (9 g) /6 ATTEST: City Cler ! • " 7 �rf I City Contract No.: 2013 -232 i.,'UN , �_ Resolution No.: N/A First Extension and Amendment of Agreement between 3 the City of Yakima and Central Washington Range Conservancy Doing Business as Sun Valley Shooting Park