HomeMy WebLinkAbout12/08/2009 13 Shooting Range Use Agreement with Central Washington Range Conservancy dba Sun Valley Shooting Park 1. BUSINESS OF THE CITY COUNCIL •
YAKIMA, WASHINGTON . .
AGENDA STATEMENT
Item No. ) Ic 1
For Meeting of December 8, 2009
•
ITEM TITLE: Consideration of a Resolution authorizing and directing the City Manager
of the City of Yakima to execute an Agreement with Central Washington •
Range 'Conservancy, doing business as Sun Valley Shooting Park-
(hereafter "SVSP") for use of SVSP's shooting range for weapons training
and weapons practice for certain designated City employees.
SUBMITTED BY: Sam Granato, Police Chief
yR s
Rosenow, , Deapm Granato, lic
Deputy r P a o n l a iceC p h o ief e Chief,
CONTACT PERSON:E Ep 575-6211
Kelly Rosenow, Deputy Police Chief, 575-6210
• Chad Stephens, Sergeant, 576-6390
SUMMARY EXPLANATION:
The Central Washington Range Conservancy, doing business as Sun Valley Shooting Park
(hereafter "SVSP") operates a ,shooting *park located at 1452 Suntargets Road, Moxee,
Washington 98936-9785 (the "shooting range"), which is located on land that SVSP leases from
the property owner, Yakima County. 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. 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 ("designated City employees"). For the sum of
$11,000 per year, which will be paid in six-month intervals in the amount of $5,500 each, SVSP
will allow designated City employees to use its shooting range for weapons training and practice
. pursuant to the terms in the proposed Agreement.
Resolution X Ordinance Other (Specify)
Contract: X Mail to (name and address): Jim Pearson, President, Central
Washington Range Conservancy, doing business as Sun Valley Shooting Park,
1452 Suntargets Road, Moxee, WA 98936-9785 Phone: (509) 576-0866 or 965-4387
Funding Source General Fund
(7
1APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Adopt Resolution.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
RESOLUTION NO. F�^3OO�~
----
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an Agreement with Central Washington Range Conservancy,
doing business as Sun Valley Shooting Park (hereafter "SVSP") for the
use of S\/SP's shooting range for weapons training and weapons practice
for certain designated City employees.
WHEREAS, the Central Washington Range COnSen/oncy, doing business as Sun Valley
Shooting Park (hereafter "SVSP") operates a shooting park located at 1452 Suntargets Road,
Moxee, Washington 88936'8785 (hereafter the ''shooting [ange~), 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 VfficenG, City of Yakima Detention Facility correction officers, certain
Yakima Fire Department investigatVrs, and certain other City employee(s), if any, who are
authorized to carry weapons while on duty (hereafter "designated City employees"); and
WHEREAS, SVSP will allow designated City employees to use its shooting range for
weapons training and practice pursuant to the terms in the attached Agreement; and
WHEREAS, the City Council finds it to be in the best interest of the City to authorize the
City Manager 1n execute an Agreement with SVSP; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council authorizes and directs the City Manager to execute the attached
Agreement with the Central Washington Range CVnaervonoy, doing business as Sun Valley
Shooting Park ("SVSP'') for the use of SVSP's shooting range for weapons training and
weapons practice for certain designated City employees.
ADOPTED BY THE CITY COUNCIL this day of December, 2000.
[)avid Ed|er, Mayor
ATTEST:
City Clerk
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
CEMTRAL 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
1
turned in to SVSP. Yakima Police Department /' PO"\ officers, Yakima
Police Department reserve offioers. City of Yakima Detention Facility
correction ofOoens, certain designated Yakima Fire Department /"YF[)"\
inveaUg8tora, and certain other City employee(s), if any, who are authorized
to carry weapons while on duty (hereafter "designated City ennp|oy8ea"\ 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
nnennbe[ahip, and therefore SVSP membership cards will not be issued to the
designated City employees.
d. Except for Wednesdays which are discussed in Section le be|ovv, the
designated City employees may use the entire shooting range at any time
during SVSP's normal hourn, 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.
e. If prearranged with the Rangemaster, on Wednesdays SVSP is available for
the use of designated City employees for training or personal shooting time.
f. With the advance permission of SVSP, 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 8pprovmd, the designated
City employees will be responsible for opening and closing the gate.
Q. The designated City employees, including the reserve police officens, will be
considered members of SVSP. However, there will be limited SVSP voting
rights for the designated City annp|oyees, for a total of two (2) SVSP votes.
SVSP voting must occur in person.
h. For non-City regular SVSP members, SVSP rules provide that "all
memberships include spouse and children under 18 living at home." The
same rules apply to the designated City ernp|oyees, if the designated City
employees are present with and accompany their spouses, children and/or
grandchildren under 18 living at home when at the SVSP.
i 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.
j. 8Vsp wiU 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.
k. At times the City of Yakima Police Department may elect to conduct barrier
shooting practice. This may i0C|Ud8, but is not limited tO, shooting through
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.
2
I. With advance notice to and 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, 2010, and continuing until midnight on
December 31, 2010, 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 one-year Extension Agreements pursuant to this Section, and
any such Extension Agreement does not have to be approved by a City Council Resolution.
3. COMPENSATION AND METHOD OF PAYMENT. Total compensation for this
Agreement shall be Eleven Thousand Dollars ($11,000.00) to be paid for the year 201 0 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, doing
business as Sun Valley Shooting Park", each check in the amount of $5,500. The annual
payment of $11,000 shall be paid by the City in six-month intervals to SVSP as follows: the first
payment by the City for the year 2010 will be made by issuance of a check for $5,500 made
payable to "Sun Valley Shooting Park" and shall be received by SVSP by December 31, 2009,
and the second check by the City for the year 2010 will be made by issuance of a check made
payable to "Sun Valley Shooting Park" and shall be received by SVSP by June 30, 2010.
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 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 Examiner.
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.
3
•
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
officials, officers, agents, employees and volunteers as additional insureds, and shall contain a
clause that the insurer will not cancel or change the insurance without first giving the City thirty
(30) calendar days prior written notice (any language in the clause to the effect of "but failure to
mail such notice shall impose no obligation or liability of any kind upon the company" shall be
crossed out and initialed by the insurance agent). 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. SVSP shall defend, indemnify, and hold harmless the City, its
officers, elected officials, employees and agents from and against any and all claims, causes of
action, damages, losses, and expenses of any kind or nature whatsoever, including but not
lirnited to, attorney's fees and court costs, arising out of, relating to, or resulting from any
negligence related to SVSP's performance or non-performance of the services, duties and
obligations required of it under this Agreement.
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.
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.
4
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.
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: R. A. Zais, Jr., City Manager
City of Yakima
128 N. Second Street
Yakima, WA 98901
Sam Granato, Chief of Police
Yakima Police Department
200 South Third Street
Yakima, WA 98901-2830
TO SVSP: James E. Pearson, President
Central Washington Range Conservancy,
doing business as Sun Valley Shooting Park
1452 Suntargets Road
Moxee, WA 98936-9785
5
James E. Pearson, 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.
CITY OF YAKIMA CENTRAL WASHINGTON RANGE
CONSERVANCY, doing business as
SUN VALLEY SHOOTING PARK
By- -
Richard A, Zais, Jr., City Manager :mes E. Pearson, President
Date: A .te: ,D44.Lmji-13 3 foq
ATTEST:
By
City Clerk
City Contract No.:
Resolution No.:
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA
I hereby certify that I know or have satisfactory evidence that James E. Pearson 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
6
business as Sun Valley Shooting Park, to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrurnent.
DATED this s 5 kei day of December, 2009.
i
'ri Name: / A . A /27. alet-ti* 4/7
g . W A rio NSTARY PUBLIC in and for the tate of
Iji•• \ 0 N E X p +
'r /lc & Washington, residing at
■ 4 My appointment expires:
...I 0
tkik
t- Z
(I
' () ,
/
4. 4
' C%i
7