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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