HomeMy WebLinkAboutThe Range - Indoor Firing Range Use INDOOR FIRING RANGE USE
City of Yakima and
The Range
THIS AGREEMENT (hereafter "Agreement") is entered into by and between the parties
below for the purposes of providing additional public parking, and providing terms and
conditions regarding such use.
I. Recitals
A. Parties: The parties to this Agreement are:
1. CITY OF YAKIMA, hereafter called "City," is a municipal corporation of the
State of Washington with City Hall located at 129 North 2nd Street, Yakima, Washington
98901.
2. THE RANGE, hereafter called "Range," is an indoor shooting facility which
has the facility capability to provide indoor training space to the City of Yakima Police
Department (sometimes referred to herein as the "facility"). The business office of the
Range is located at:
Address: 1701 Garretson Lane
Yakima, WA 98908
Contact Person: Julie Devine
Phone: 509-571-1449
B. Purposes of Agreement. The purposes of this Agreement are: to provide
exclusive indoor shooting and training facility space to the Yakima Police Department
(hereinafter referred to as "YPD") during times of the day when the Range is closed to the
general public at those days and times mutually agreed to in advance by the parties.
II. Agreement
WHEREFORE, in consideration of the mutual benefits, covenants and conditions herein,
the parties agree as follows:
1. Shooting Facility Use. The Range hereby agrees to provide exclusive access
to the shooting facility to the City of Yakima YPD from the hours of 0600 and 1000 on
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dates and times agreed to by the parties and pursuant to,this Agreement. The exclusive
use of the facility includes, but may not be limited to, the following:
12 lanes in main bay;
3 lanes in VIP bay;
32 yards;
Auto target retrieval;
Stall controlled lighting;
Room controlled lighting in 3 stages;
Removable benches for advance on target drills;
Climate control;
Tactical room in basement for hand to hand drills; and
Classroom with audio visual equipment.
2, Payment. For each day session (0600-1000) mutually agreed to by the parties,
the City will pay to the Range Two Hundred Twenty-Five and 00/100ths Dollars($225.00).
The Range will provide an itemized invoice to the City once per month for the days on
which use was made. The City will make payment within thirty (30) days of receipt of the
invoice.
3. Term. This Agreement shall continue in effect for a term of one (1) year.
4. Dates and Times of Facility Use. The parties shall mutually agree upon the dates
the facility may be used. Prior to use, YPD shall contact the Range a minimum of seven
(7) days in advance of the date on which YPD would like to use the facility under this
Agreement. The parties agree that if there is an opportunity to contact the Range earlier
than that, YPD should strive to do so. The Range will reply to YPD's request to use the
facility within two (2) days after receiving the request and confirm or deny the use of the
facility on the requested day. Use of the facility is solely within the discretion of the Range.
5. Maintenance of Facility The Range shall maintain its facility to the highest
extent and ensure there are no defects with any of the equipment provided to YPD for
their use. The City of Yakima and YPD shall pay for any damage to the Range property •
done during the use of the facility. Examples of damage are the shooting and damaging
of ceiling times, target retriever cables and wall or floor strikes. The Range shall allow
YPD to do a walk-through of the facility before use to document any damage done by
others before use, as well as a walk-through of the facility after use to document any
damage done by YPD. The walk-throughs are not mandatory and the ability of YPD to
assert that damage was not caused by its use is not waived if any walk-through is not
done.
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6. Hold Harmless. Except as expressly provided and limited in the hold harmless
covenants below, the parties understand and agree that neither party intends to be held
liable as the insurer of the other party or any third party for injury to any person, or damage
to the Range's property or the City's property.
(a) City agrees to hold harmless the Range, its owners, employees,
agents, and volunteers from any and all claims, demands, losses, liens, liabilities,
penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs
and expenses resulting from death or bodily injury to any person or damage or
destruction to a third party or third parties to the extent caused by any negligent
act and/or omission of City, its officers, employees, agents, volunteers and/or
subcontractors, arising out of the performance of this Agreement.
(b) The Range agrees hold harmless the City, its elected and appointed
officials, officers, employees, agents, and volunteers from any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings
and all judgments, awards, costs and expenses resulting from death or bodily
injury to any person or damage or destruction to a third party or third parties to the
extent caused by any negligent act and/or omission of the Range, its owners,
employees, agents, volunteers and/or subcontractors, arising out of the
performance of this Agreement.
(c) Nothing contained in this Section or this Agreement shall be
construed to create a liability or a right of indemnification in either party or in any
third party.
(d) This section shall survive the term of this Agreement.
7. Insurance.
The parties shall each maintain their own insurance.
8. Termination of Agreement.This Agreement may be terminated by written notice of
either party. If there are scheduled dates and times for YPD to use the facility after the
notice of termination is provided, the Range shall honor those dates and YPD shall pay
the rate in this Agreement for use on those dates. If mutually agreed upon, the parties
may cancel any dates that are scheduled after written notice of termination.
Upon termination, all other duties and rights of each party under this Agreement shall
terminate, except for the Hold Harmless obligations under Section 6 concerning claims
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arising out of events that occurred during the term of this Agreement, which provisions
shall survive the termination of this Agreement.
9. Amendment — Assignment. This document consists of the entire agreement
between the parties. This Agreement may be amended at any time by the parties, which
amendment shall be in writing signed by both parties. This Agreement shall not be
assigned to any other party.
10. Entire Agreement. This Agreement constitutes the entire agreement of the
parties regarding the subject matter and purposes stated herein.
11. Governing Law— Venue. This Agreement shall be construed for all purposes in
accordance with the laws of the State of Washington, and venue for any action to apply,
interpret or enforce this Agreement shall lie in Yakima County, Washington.
12. Effective Date. This Agreement shall be effective upon the date executed by
the last party to sign below.
CITY OF YAKIMA: THE RANG ^
Name: f �,C�� �l l�,()fit (141-74mau— I�'UZ,
4,4By: G/�r � ,C G�1?
y
Robert Harrison, City Manager Print Name:
Date:re-b• la, 2Li)1 Date: // / /a 6
ATTEST: By:
Print Name:
Date:
Sonya Claa Tee, City Cle y,.%(` i �
CITY CONTRACT NO:;102 1
RESOLUTION NO: ri/CA
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