HomeMy WebLinkAboutThe Range - Facility Use Agreement FACILITY USE AGREEMENT BETWEEN THE
, CITY OF YAKIMA
AND
THE RANGE
THIS AGREEMENT(hereafter"Agreement") is between the CITY OF YAKIMA(hereafter
"City"), a Washington municipal corporation, and the THE RANGE, LLC, ("THE RANGE"), a
Washington for-profit limited liability company.
WHEREAS, the THE RANGE operates a commercial firearm shooting facility at 1701
Garretson Lane, Yakima, WA 98908-9462;
WHEREAS, the facility has the necessary equipment to accommodate the discharge of
firearms and firearms training and additional space that could be utilized for non-firearm related
training;
WHEREAS, the City of Yakima Police Department need the use of a facility that can
accommodate the discharge of firearms, training with firearms and non-firearms training; and
WHEREAS, the City desires to use portions of the THE RANGE, specifically the shooting
bays designated specifically for the discharge of firearms, and the basement area to be used for
non-firearm related training;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and THE RANGE as follows:
1. SCOPE OF SERVICES. THE RANGE will allow City employees assigned to the Yakima
Police Department to use portions of its property for the discharge of firearms, police firearm
training and non-firearm training. The City shall use THE RANGE in accordance with the following
uses and conditions of use:
a. City employees, when training on site, may park city owned vehicles in the
parking lot where designated by THE RANGE staff.
b. Dates, times and duration of use will be agreed upon prior to actual training or
use.
c. Access to the shooting bays for use by City employees for the purposes of
discharging firearms.
i. For purposes of this section, discharging firearms could involve
training, sighting, function testing and/or collecting evidence from
firearm.
d. Access and use of the basement area for training that does not include the
discharge of firearms.
e. Access to restroom facilities that are relatively near the training area.
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f. City employees will follow all agreed upon safety rules or instruction that are
posted or presented.
g. THE RANGE will have sole discretion to allow or refuse any training equipment
or props that are to be used by City employees for training.
2. PERIOD OF PERFORMANCE. The period of performance under this Agreement will be
commence on the date this agreement is signed by the last party to sign and will continue until
December 31, 2026, unless earlier terminated by either party in accordance with Section 16 of
this Contract.
3. COMPENSATION. The City agrees to following terms for compensation:
a. In-Service Training $250 per day
i. In-Service Training is defined as three or more training days in a 30-day
period that serve most of the commissioned members of the Yakima Police
Department.
b. Short-Term Squad Training $100 per day
i. Short-Term Squad Training is defined as a patrol squad, consisting of five
(5) — fifteen (15) commissioned members not lasting more than one (1)
hour.
c. CRU Training $250 per day
i. Crisis Response Unit training is defined as training specific to the members
of the Yakima Police CRU SWAT Component.
d. Function Test& Evidence Collection $0 per day
i. On occasion the Yakima Police Department may utilize THE RANGE to
function test and/or recover evidence from firearms.
e. Other Training Not Listed $0 per day
i. The Yakima Police Department K9 may used the facility for training.
4. TAXES AND ASSESSMENTS. THE RANGE 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, THE RANGE shall pay the same
before it becomes due.
5. INSURANCE. Commercial General Liability Insurance: On or before the effective date
of this Agreement,THE RANGE shall provide the City with a certificate of insurance and additional
insured endorsement(s) as proof of commercial general liability insurance, or a combination of
commercial liability and umbrella liability, in the amount of$4,000,000.00 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. THE
RANGE 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
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City is damaged by the failure of THE RANGE to maintain the above insurance or to so notify the
City, then THE RANGE shall bear all costs attributable thereto. If requested, THE RANGE shall
provide the City with a complete copy of the policy.
6. INDEMNIFICATION.
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. NONDISCRIMINATION. During the performance of this Agreement, THE RANGE 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.
8. INDEPENDENT CONTRACTOR STATUS OF THE RANGE. THE RANGE and the City
understand and expressly agree that THE RANGE is an independent contractor in the
performance of each and every part of this Agreement. THE RANGE, 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, THE RANGE
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 THE RANGE or any officer, employee or agent of THE RANGE and the City.
9. 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
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agreements which are hereby declared terminated and of no further force and effect upon the
execution and delivery hereof.
10. 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.
11. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or
transferred in whole or in part by THE RANGE 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 THE RANGE
stated herein.
12. NON-WAIVER. The waiver of either the City or THE RANGE 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.
13. 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.
14. 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 30 days in
advance of the termination.
15. 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.
16. 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
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
TO THE RANGE: Julie Devine, Registered Agent
THE RANGE, LLC
1701 Garretson Lane
Yakima, WA 98908-9462
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,
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postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand
delivered at the addresses specified above.
17. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
18. 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 THE RANGE, LLC
•
By By
Bob Harrison, City Manager ,;Julie Devine
Date: 3- I I Date: , /-7//: //) 9\
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A /' S "�P *��b
By 1 Lil,41liI.A !I` =� Z f , n nrrrrp,
City lerk �i i* •`• O....•.... . R,Q�-.,
City Contract No.: .O;Z -0 _ • 1,`% W As�'� _ :'�q`� s`�t�%,
otAR Y
Resolution No.: 11/A PuBoc• 'z
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o,• OF
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 - day of
Print Name: I\1 r'C;( e
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NOTARY PUBLIC in and for the,State of
Washington, residing at �'���4�t��'.�.t vU`4
My appointment expires: •- !`(— 2L 7 3
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