HomeMy WebLinkAboutCentral Washington Range Conservancy - Facilities Use AgreementAGREEMENT 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 retired officers, Yakima Police Department explores,
Yakima Police Department Citizens Academy attendees, 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
Agreement Between City of Yakima and
Central Washington Range Conservancy
dba Sun Valley Shooting Park - Page 2 of 7
glass, wood and metal barriers. All expenses related to bringing the barriers
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 less 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
four years, commencing at 12:01 a.m. on January 1, 2021, and continuing until midnight on
December 31, 2024, unless earlier terminated by either party in accordance with Section 16 of
this Contract.
3. COMPENSATION AND METHOD OF PAYMENT. Total compensation for this
Agreement shall be Ten Thousand Dollars ($10,000.00) to be paid for each calendar year by
the City of Yakima to SVSP. SVSP shall receive payment from the City of Yakima check from
the City made payable to "Central Washington Range Conservancy". The annual payments
shall be paid by the City to SVSP by issuance of a check and shall be received by SVSP by
February 15 of each year of the contract.
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
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.
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Central Washington Range Conservancy
dba Sun Valley Shooting Park - Page 3 of 7
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
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.
Agreement Between City of Yakima and
Central Washington Range Conservancy
dba Sun Valley Shooting Park - Page 4 of 7
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 period.
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: Bob Harrison, City Manager
Agreement Between City of Yakima and
Central Washington Range Conservancy
ciba Sun Valley Shooting Park - Page 5 of 7
TO SVSP:
City of Yakima
129 North Second Street
Yakima, WA 98901
Matthew Murray, Chief of Police
Yakima Police Department
200 South Third Street
Yakima, WA 98901-2830
Jerry Bounds, President
Central Washington Range Conservancy,
doing business as Sun Valley Shooting Park
1452 Suntargets Road
Moxee, WA 98936-9785
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.
CITY OF YAKIMA
CENTRAL WASHINGTON RANGE
CONSERVANCY, doing business as
SUN VALLEY SHOOTING PARK
By By
Bob Harrison, City Manager
4 ke,i44,J.
A
'tLNL ,n;
City Contract No.
Resolution No.
Agreement Between City of Yakima and
Central Washington Range Conservancy
dba Sun Valley Shooting Park - Page 6 of 7
ry
(Inds, President
STATE OF WASHINGTON )
ss.
COUNTY OF YAKIMA
I hereby certify that I know or have satisfactory evidence that Jerry Bounds 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 ) ut day of N Doemok..ei 2020.
RUBI MENDOZA
State of Washington
NOTARY PUBLIC
Commission Expires
FEBRUARY 15, 2022
Agreement Between City of Yakima and
Central Washington Range Conservancy
dba Sun Valley Shooting Park - Page 7 of 7
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires: