HomeMy WebLinkAbout2445 - Whatcom County Parks & Rec - Agreement - Gun Range RentalsQORIGINAL
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
WHATCOM COUNTY (PARKS & RECREATION)
A ND CITY OF MARYSVILLE POLICE DEPARTMENT
WHATCOM COUNT)
CONTRACT NO.
J.OJ../0702,8
THIS AGREEMENT is made and entered into by and between Whatcom County (Parks & Recreation
Department) ("County") and City of Marysville Police Department (Contracting Entity), collectively referred
hereinafter as the "Parties." T his Agreement is entered into pursuant to the authority granted by Chapter
39.34 RCW , lnterlocal Cooperation Act. The Department or Party co ntracting with What com County shall
herei nafter be identified by name or as the "Co ntracting Entity."
1. PURPOSE:
Fo r the use by the Contacting Entity of the County's Plantation Rifle Range (Range) located at 5102
Samish Highway, Whatcom County, Was hington . The Plantation Rifle Range has two separate
shootin g ranges identified and named as Pistol & Smallbore Rifle Range (Smallbore) and High Power
Rifle & Trap Range (High Power). These facilities are to be used by the Contracting Entity in
acco rdan ce with the use terms as set forth in this Agreement for Law Enforcement training purposes .
The Contracting Entity is contracting with th e County for use of the Ra nge for the purpose of the
Contract in g Entity to provide firearms qualifications, practice or training for commissioned and non-
commiss ioned personnel of the Contracting Entity .
It is understood and ag reed by the Parties that the County shall provide no training or supervision at
the Facility during the Co ntracting Entity's exclusive or individual use periods. The County shall provide,
upon request by the Contracting Entity's Supervisor or Coordinator , assistance to the individual
Supervisor or Coordinato r, in familiarizing them with the operations of facilities, equipment, and other
infrastructure necessary to facilitate the Contr acting Entity's use under the terms of this Agreement.
It is un derstood and ag reed by the Parties that the Contracting Entity is a qualified law enforcement
age ncy , or equivalent e ntity, such that their supervisor and/or participants are experienced with and
trained in the use of firearms and firearm sa fety. The County shall have no duty to tra in or assist the
Co nt racting Entity with firearm sa f ety or rifle ra ng e safety.
It is understood and agreed by the Parties that during the excl usive use of the Ra nge by the Contracting
Entity, there will be no County staff or agents present or provided at the Range , unless a County staff
member is present doing other tasks or duties unrelated to the Contracting Entity's use of the Range.
The Co unty is not providing any County employees , staff or assistance , oversight or supervision to the
Co ntracting Entity during their use at the Ra nge.
2 . RESPONSIBILITIES
WHATCOM COUNTY PARKS & RECREAT ION DEPARTMENT RESPONSIBILITIES:
The Parks and Recreat ion Department shall make available to the Contracting Entity the P lantation
Ri fl e Ra nge at suc h time and under such co nd itions as are hereinafter set forth .
CONTRACTING ENTITY RESPONSIBILITIES:
A . The Contracting Entity shall provide all targets, target standards, ammunitio n and other materials
necessary for the use of the Range. All ammunition used on the Indo or Range will be restricted to
a round utilizing a Total Metal Jacket (TMJ) or Jacketed Hollow Point (JHP) bu ll et having muzzle
energy not greater than 400 foot pounds .
City of Marysville -2021
Plantation Rifle Range Use Agreemen t Page 1 of 6
B. Schedule, in advance, with Whatcom County's representative exclusive use days for the Smallbore
and High Power ranges.
C. Assume full responsibility for safety of the entire Range during any period of exclusive use by the
Contracting Entity.
D. Be responsible for the conduct of members of the Contracting Entity while on the Range during
exclusive use periods. Should any member violate the rules of the Range or safety rules, such
.member shall be immediately prohibited from further use of the Range that day and may not be
allowed further use until such time the member is appropriately trained and the Contracting Entity
feels assured that no further Range or safety rules will be violated by that member.
E. Designate, and report to the County's Representative the name of an individual who shall act as a
qualified supervisor and coordinator of all Contracting Entity's activities at the Range. This
individual shall be the person with whom the County's Representative will work in connection with
day-to-day matters of Range use, and who will be in direct charge during actual Range use.
F. There shall be a Contracting Entity supervisor or coordinator and a Contracting Entity Range Safety
Officer present at the Range at all times during exclusive use. The supervisor or coordinator shall
terminate use of the range if any danger or safety risk is present at the facility and provide
immediate electronic or verbal notice to the County, followed by a written notice to the County within
24 hours detailing the danger or safety risk. The Range Safety Officer shall be responsible for
supervising safe shooting activities, monitor and enforce safety and range rules, and range
operations during times of exclusive use. (The Range Safety Officer may also function as the
supervisor or coordinator.)
G. A written report of all accidents, damage or injury that occurs shall be provided immediately 'Or no
later than 24 hours to the County. The written report shall provide sufficient details of the incident,
including the date, time, circumstances and nature of injury or damage, and the name of the injured
party, witnesses and Contracting Entity's Supervisor present at the time of the incident. The written
report shall be submitted to Whatcom County Parks and Recreation Department Office or to the
Range County personnel.
H. Check out the Range key from the County's Representative. The Range key provides limited
access to Range facilities. Access shall include: entry gate access, access to approved facilities,
and public spaces. The Contracting Entity shall maintain control of the issued key at all times,
including keeping the key secured when not in use and maintaining a log of any employees
provided use of the key. The Contracting Entity shall not provide access to the key for vendors or
contractors for any purpose. Any keys provided to the Contracting Entity may not be copied or
duplicated.
I. The Contracting Entity shall maintain a sign-in log for each exclusive use day. The log shall include,
at a minimum, the signature of the Contracting Entity supervisor or coordinator, the Range Safety
Officer, their phone numbers and all employees participating in Contracting Entity activities. The
sign-in logs shall be provided to the County's Representative at least quarterly.
J. The Contracting Entity and its participants must comply with all Federal, State and local laws.
K. All litter, trash, or debris left by the Contracting Entity shall be picked up and disposed of in
appropriate receptacles provided at the Range. ·
L. No minors are allowed to be present at the Range during exclusive use.
M. The Contracting Entity shall pay all costs associated with damage, destruction, or loss to the County
at the Facilities as a result of the Contracting Entity's use and/or presence at the Range.
City of Marysville -2021
Plantation Rifle Range Use Agreement Page 2 of 6
USE OF THE RANGE
A. The Contracting Entity shall have exclusive use of the Range in the year 2021 for Eighteen (18)
eight (8) hour days. The Contracting Entity will have the option of splitting an 8-hour day into two
4-hour days. All dates and times shall be determined by mutual agreement by the Contracting Entity
ard Whatcom County Parks and Recreation Department representatives.
· This exclusive use shall be by mutual agreement of both the Contracting Entity and the Whatcom
County Parks and Recreation Department. Use dates scheduled, that are not canceled 48 hours
in advance will be charged against the Contracting Entity's contract.
B. Individual members of the Contracting Entity, who are counted as officers upon presentation of
their Contracting Entity Law Enforcement identification card, shall be entitled to use of Range
facilities without payment of regular fees. Provided, such use shall:
• Be during periods when the Range is normally scheduled to be opened to the general public;
• Be subject to all rules and conditions of use by the general public except for payment of fees;
• Not interfere with normal, customary use of the Range;
• The use is for practice and training as an officer.
• Does not include supplies or Trap Range use.
• Rights or use under this Agreement is not extended to Contracting Entity's family or friends.
3. TERM OF AGREEMENT:
The term of this Agreement shall be from January 1, 2021 through December 31, 2021.
4. MANNER OF FINANCING:
A. Contracting Entity shall pay a fee of Twelve thousand eight hundred sixty-eight dollars and
twenty-two cents ($12,868.22).
18 Days
88 Officers
@ $590.95 per day = $ 10,637.10
@ $18.99 per officer = $ 1,671.12
(includes tax)
(includes tax)
Storage Unit = :,:$ __ --"-56"'0,,_,_."-00"-----
Total = $ 12,868.22
B. The payment shall be due on or before sixty days of signed contract. Any additional days may be
scheduled by mutual agreement of both parties. Payment for any use beyond the annual eighteen
(18) day period shall be due within 30 days from approved contract.
5. ADMINISTRATION:
The following individuals are designated as representatives of the respective parties. The
representatives shall be responsible for administration of this Agreement and for coordinating and
monitoring performance under this Agreement. In the event such representatives are changed, the
party making the change shall notify the other party.
5.1 The Contracting Entity's representative shall be:
Officer Dan Vinson
(425) 754-8338
dvinson@marysvillewa.gov
5.2 Whatcom County's representative shall be:
Reid Parker, Regional Park Supervisor
(360) 296-6083
RParker@co.whatcom.wa.us
City of Marysville-2021
Plantation Rifle Range Use Agreement Page 3 of6
6, TREATMENT OF ASSETS AND PROPERTY:
N_o fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or
disposed of pursuant to this Agreement.
7. INDEMNIFICATION:
To the fullest extent permitted by law, the Contracting Entity agrees to indemnify, defend and hold the
County and its departments, elected and appointed officials, employees, agents and volunteers,
harmless from and against any and all claims, damages, losses and expenses, including but not limited
to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any
bodily injury, sickness, disease or death and for any damage to or destruction of any property (including
the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission,
negligent or otherwise, of the Contracting Entity, its employees, agents, participants or volunteers or
Contracting Entity's subcontractors and their employees, agents or volunteers; or 2) are directly or
indirectly arising out of, resulting from, or in connection with Contracting Entity's activity and use.
under this Agreement; or 3) are based upon the Contracting Entity or their participants, employees,
agents, or volunteers, or its subcontractors' use of, presence upon or proximity to the property of the
County. This indemnification obligation of the Contracting Entity shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of the
County.
This indemnification obligation of the Contracting Entity shall not be limited in any way by the
Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's
compensation act, disability benefit act or other employee benefit act, and the Contracting Entity hereby
expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the
Contracting Entity are a material inducement to County to enter into this Agreement, and have been
mutually negotiated by the parties.
It is further provided that no liability shall attach to the County be reason of entering into this Agreement,
except as expressly provided herein. The parties specifically agree that this Agreement is for the
benefit of the parties only and this Agreement shall create no rights in any third party. The County
reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses
or expenses and such participation shall not constitute a waiver of-Contracting Entity's indemnity
obligations under this Agreement.
The Contracting Entity agrees all Contracting Entity's indemnity obligations shall survive the
completion, expiration or termination of this Agreement.
In the event the Contracting Entity enters into subcontracts to the extent allowed under this Agreement,
the Contracting Entity's subcontractors shall indemnify the County on a basis equal to or exceeding
Contracting Entity's indemnity obligations to the County. All insurance shall be per occurrence.
8. INSURANCE:
Each Party shall maintain its own insurance and/or self-insurance for its liabilities from damage to
property and/or injuries to persons arising out of its activities associated with this Agreement as it
deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or
self-insurance shall not limit the liability of the indemnifying party to the indemnified party.
9. TERMINATION:
Any party hereto may terminate this Agreement upon thirty (30) days' notice in writing either personally
delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party's last known
address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the
parties shall be liable only for performance rendered or costs incurred in accordance with the terms of
this Agreement prior to the effective cjate of termination.
City of Marysville -2021
Plantation Rifle Range Use Agreement Page 4 of 6
9. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS :
The Agreement may be changed, modified , amended or waived only b y written agreement executed
by th e Parties hereto . Waiver or breach of any term or condition of this Agreement shall not be
considered a waiver of any prior or subsequent breach .
10. EXTENSION:
This Agreement be extended by mutual written consent of the parties, for a period of up to one year at
a time , and for a total of no longer than three (3) years .
11. SEVERABILITY:
In the event any term or cond ition of this Agreement or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of
this Agreement which can be given effect w ithout the invalid t e rm , cond ition , or appli cation. To this end
the term s and cond itions of this Agreement are declared severable .
12. ENTIRE AGREEMENT:
This Agreement contains all th e terms and conditions agreed upon by the parties . All items inco rporated
he re in by reference are attached. No other underst andings , oral or otherwise, rega rdi ng the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
IN W ITNESS W HEREOF, the parti es have executed thi s Agreeme nt thi s Jj_#-cl ay of A~!>1 , 20Z--I
APPROVED :
Marys ville Pol ice Department
Date d thi s_LL~ay of T~c"'o. , 20_.
(
Jo nNe~1z::~
APPROVED AS TO FORM:
Entity, Attorney
City or Ma ry svi lle -2021
Plantation Rifl e Ra nge Use Ag reem ent Page 5 of 6
, .
WHATCOM CO UNTY
STA TE OF WASHINGTON)
) ss.
COUNTY OF WHATCOM)
On thi s Ji!!:..day of ~11t: , 20Z/._, before me pers onally appeared Satpal S idhu , to me known
to be the County Executie of WHATCOM C OUNTY and who executed the above in strument and
w ho acknowledged to me t he act of signing and sealing thereo f.
APP RO VE D AS TO FORM:
mrMri ~~\~BW Coty Deputy£ secutin A ttorney
City of Marysville -2021
Plantation Riffe Range Use Agreement
~ ~-~e-,;_ PUBiacinati . -. :: NOTARY PUBiifC in~ fo r the S tareof Washington,
res iding a t & JL~
M y Commi s s ion expires : ft-3/-2. v
WHATCOM CO UN TY PARKS & RECREATJON
DEPARTMENT
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