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Home My WebLink AboutIL258 Interlocal Agreement ORIGINAL COA #IL258 INTERLOCAL COOPERATIVE AGREEMENT WHATCOM COUNTIi CONTRACT NO . i BETWEEN 02 o l Foso 19 ANACORTES POLICE DEPARTMENT i{ AND WHATCOM COUNTY ( PARKS & RECREATION ) THIS AGREEMENT is made and entered into by and between Whatcom County ( Parks & Recreation Department) (" County" ) and Anacortes Police Department (Contracting Entity) , collectively referred hereinafter as the " Parties . " This Agreement is entered into pursuant to the authority granted by Chapter 39 . 34 RCW, Interlocal Cooperation Act . The Department or Party contracting with Whatcom County shall hereinafter be identified by name or as the " Contracting Entity. " k 'I 1 . PURPOSE : For the use by the Contacting Entity of the County's Plantation Rifle Range (Range) located at 5102 Samish Highway , Whatcom County , Washington , The Plantation Rifle Range has two separate I� shooting 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 accordance with the use terms as set forth in this Agreement for Law Enforcement training purposes . f' ,I The Contracting Entity is contracting with the County for use of the Range for the purpose of the { Contracting Entity to provide firearms qualifications , practice or training for commissioned and non- commissioned personnel of the Contracting Entity. It is understood and agreed by the Parties that the County shall provide no training or supervision at the Facility during the Contracting Entity' s exclusive or individual use periods . The County shall provide , upon request by the Contracting Entity' s Supervisor or Coordinator, assistance to the it individual Supervisor or Coordinator, in familiarizing them with the operations of facilities , equipment , and other infrastructure necessary to facilitate the Contracting Entity's use under the terms of this Agreement . I It is understood and agreed by the Parties that the Contracting Entity is a qualified law enforcement agency , or equivalent entity , such that their supervisor and/or participants are experienced with and trained in the use of firearms and firearm safety. The County shall have no duty to train or assist the Contracting Entity with firearm safety or rifle range safety . It is understood and agreed by the Parties that during the exclusive use of the Range 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 County is not providing any County employees , staff or assistance , oversight or supervision to the Contracting Entity during their use at the Range . 2 . RESPONSIBILITIES WHATCOM COUNTY PARKS & RECREATION DEPARTMENT RESPONSIBILITIES : The Parks and Recreation Department shall make available to the Contracting Entity the Plantation Rifle Range at such time and under such conditions as are hereinafter set forth . CONTRACTING ENTITY RESPONSIBILITIES : A. The Contracting Entity shall provide all targets , target standards , ammunition and other materials necessary for the use of the Range . All ammunition used on the Indoor Range will be restricted to a round utilizing a Total Metal Jacket (TMJ ) or Jacketed Hollow Point (JHP) bullet having muzzle energy not greater than 400 foot pounds . Anacortes Police Department — 2018 Plantation Rifle Range Use Agreement 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 . 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 . USE OF THE RANGE A. The Contracting Entity shall have exclusive use of the Range in the year 2018 for ten days ( 10) 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 and Whatcom County Parks and Recreation Department representatives . Anacortes Police Department - 2018 Plantation Rifle Range Use Agreement Page 2 of 6 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 ; • No minors are allowed to be present at the Range during exclusive use . 3 . TERM OF AGREEMENT : The term of this Agreement shall be from January 1 , 2018 through December 31 , 2018 . 4 . MANNER OF FINANCING . A. The Contracting Entity shall pay a fee of Six Thousand Six Hundred Twelve Dollars and . 50 Cents ($6 , 612 . 50) 10 Days @ $ 590 . 95 per day = $ 5 , 909 . 50 ( includes tax) 37 Officers @ $ 19 . 00 per officer = $ 703 . 00 ( includes tax Total = $ 6 , 612 . 50 B . The payment shall be due on or before sixty days . Any additional days may be scheduled by mutual agreement of both parties . Payment for any use beyond the annual ten days ( 10 ) 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 Captain Chris Fuller, ( 360) 29346841 fullerc@cityof Anacortes. org 5 . 2 Whatcom County' s representative shall be Jerry Warren , Lead Ranger (360) 676-97701 jwarren @,, co . whatcom .wams . 6 . TREATMENT OF ASSETS AND PROPERTY . No 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 Anacortes Police Department — 2018 Plantation Rifle Range Use Agreement Page 3 of 6 (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 Provider 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 Provider 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 , are reflected in the Provider's compensation , and have been mutually negotiated by the parties . 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 . Be 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 date of termination . 9. CHANGES , MODIFICATIONS , AMENDMENTS AND WAIVERS . The Agreement may be changed , modified , amended or waived only by written agreement executed by the 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 condition 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 without the invalid term , condition , or application . To this end the terms and conditions of this Agreement are declared severable . Anacortes Police Department — 2018 Plantation Rifle Range Use Agreement Page 4 of 6 12. ENTIRE AGREEMENT : This Agreement contains all the terms and conditions agreed upon by the parties . All items incorporated herein by reference are attached. No other understandings , oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto . IN WITNESS WHEREOF , the parties have executed this Agreement this 3 / "*t day of qct , 201 . APPROVED : ANACORTES POLICE DEPARTMENT i Dated this day of , 2017 . yor Laurie &ere APPROVED AS TO FORM : Darc etna , 'ty Attorney Contracting Entity Chief and Representative : APPROVAL : aptain Chris Fuller Anacortes Police Department — 2018 Plantation Rifle Range Use Agreement Page 5 of 6 WHATCOM COUNTY Jack Louws, ounty Ex utive STATE OF WASHINGTON) ) ss . COUNTY OF WHATCOM ) On this 30"day of lkg , 2018 , before me personally appeared JACK LOUWS , to me known to be the Count Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Given under my hand and official seal this 3 I Atday of 4VlOU,4 920189 % M Miio N PR YFm ` NOTARY P LIC in and for the ate of Washington, p Z # residing at tot 02PUS g�V� My Commission expir : 12 -3 / - / $ U 7 Tyr WHATCOM COUNTY PARKS & RECREATION DEPARTMENT j L/ M ' ael cF 1 irector APPROVED AS TO FORM : 4 u County De ty Prose uting Attorney Anacortes Police Department — 2018 Plantation Rifle Range Use Agreement Page 6 of 6