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~(