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HomeMy WebLinkAboutFiring Range-Federal ProtectiveAGREEMENT FOR OUTSIDE AGENCY USE OF THE AUBURN POLICE DEPARTMENT RANGE FACILITY THIS AGREEMENT made and entered into this 15 day Of May , 20 03, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereafter referred to as CITY" and Federal Protective Servi~%:hose address is 400 15th Street SW, Auburn, WA 9800,1hereinafter referred to as "OUTSIDE AGENCY." WITNESSETH: WHEREAS, the City owns and operates a firearms range facility within the city limits of Auburn, King County, Washington; and WHEREAS, the OUTSIDE AGENCY has officers for whom the range facility would be of use and benefit in their training; and WHEREAS, it is mutually beneficial to both parties hereto that this agreement be executed providing for use of the range facility by OUTSIDE AGENCY. NOW, THEREFORE, in consideration of the mutual covenants and benefits contained herein, IT IS.AGREED BY THE PARTIES AS FOLLOWS: 1. Schedulinq for Use. For the terr0, of this agreement, officers of the OUTSIDE AGENCY may use the Auburn range facility on a scheduled basis. Such use can be scheduled by giving the range facility manager notice thereof, with the number of persons involved, at least thirty (30) days in advance of the intended use. The range facility manager shall have authority to schedule such use in a manner that does not conflict with other uses of the range facility and may waive the thirty (30) day notice requirement. Range Facility Agreement Resolution No. 3545, Exhibit "A" November 13, 2002 Page 1 2. Requirements for Use. For purposes of Section 1 above, only those weapons approved by the CITY range will be authorized for use at the Auburn range facility. All OUTSIDE AGENCY officers, including team members of the Valley Cities Special Response Team, using the range facility shall be subject to and abide by all range rules and regulations, a copy of which is attached hereto as Attachment "1" and incorporated herein by this reference, and all future amendments thereto implemented by the CITY for the range facility. In addition to the copy of the range facility rules attached to this Agreement, copies of the range facility rules will be handed out upon request to all officers using the facility and all officers shall follow all directions and requests given by the range facility manager. The CITY may refuse entry to or use of the range facility by any officer(s)/person(s) who fail to abide by such rules and regulations. 3. Payment of Fee. In consideration for the use of the range facility, the OUTSIDE AGENCY shall pay to the CITY the sum of Two Hundred ($200.00) Dollars for each day of anticipated use for the next calendar year or for the remaining calendar year. Each OUTSIDE AGENCY will be entitled to use of the range facility for one day during a calendar year for each Two Hundred ($200.00) Dollars paid. An additional charge of Fifty Dollars ($50.00) per hour for the presence of a City Range Officer shall apply whenever an outside agency utilizes the range during the hours of darkness. Payment of the fee for use of the range facility shall be made prior to the OUTSIDE AGENCY'S first use in a calendar year. 4. Exemption. Those cities that are members of the Valley Cities Special Response Team (SRT) shall not be charged for use of the range facility by the Cities' SRT members. Range Facility Agreement Resolution No. 3545, Exhibit "A" November 13, 2002 Page 2 5. Hold Harmless and Indemnification. The CITY shall not be responsible for any accidents, losses, damage or injuries suffered by OUTSIDE AGENCY, its officials, employees, officers and agents while using the range facility, except for losses arising out of the CITY'S sole negligence. For and in consideration of the use of the Auburn Police Department's Pistol Range, OUTSIDE AGENCY does hereby promise to indemnify, defend and hold harmless the CITY, its officials, officers, employees and agents from and against any and all claims, demands, and/or causes of action of any kind or character whatsoever arising out of or relating to the OUTSIDE AGENCY'S use of the range facility, including but not limited to, all claims by any of OUTSIDE AGENCY'S personnel, employees or agents for personal injury, death or damage to their persons or property. The CITY retains the right to participate in any suit if any principle of governmental or public law is involved. Hold harmless provisions shall not apply to losses arising out of the CITY'S sole negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Liability Insurance Required. The OUTSIDE AGENCY shall be required to file with the City Clerk's Office, as a condition of the use of the range facility, evidence, which is acceptable to the CITY, reflecting combined single limit liability insurance coverage of One Million Dollars or more per occurrence and evidence that the CITY is named as an additional insured on OUTSIDE AGENCY'S liability insurance policy. In the event OUTSIDE AGENCY is a member of a self-insured pool, a letter confirming coverage as provided above must be submitted by the insured pool to the CITY. 7. Term of Aqreement. The term of this agreement shall commence on the date here signed and shall be terminated three years from the date here signed. Range Facility Agreement Resolution No. 3545; Exhibit "A" November 13, 2002 Page 3 8. Termination of Aqreement. Either party may terminate this Agreement by providing the other party not less than sixty (60) days written notice of its intention to terminate. In the event such termination occurs, the fee paid for the calendar year's use shall be refunded based on the number of days used. 9. Automatic Renewal. This agreement will be automatically renewed for an additional three-year term unless the CITY receives written notice of OUTSIDE AGENCY'S intent to terminate at least sixty (60) days prior to the end of the three-year term. 10. Closure of the Ranqe Facility. If for any reason, including a decision by the CITY that it no longer desires to operate the range facility, closes the range facility to use by OUTSIDE AGENCIES, a refund will be provided in the same manner as set forth in Paragraph 8 above. Further, in the event of closure, OUTSIDE AGENCY understands and agrees by its signature hereon that there shall be no cause of action of any type whatsoever against the CITY for such closure. CITY OF AUBURN PET~ MAYOR CITY OF Federal Prote~ive (OUTSIDE AGENCY) BY: Ken Spit×er TITLE: Director: FPS Service ATTEST: Dan"i-Daskam City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Range Facility Agreement Resolution No. 3545, Exhibit "A" November 13, 2002 Page 4 ATTEST: CITY CLERK C~Ri~(