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Home My WebLink About9403021 Interlocal Agreement CON'Ri.,CT NO. 1a 3 0-2/ ANACORTES POLICE DEPARTMENT PLANTATION RIFLE RANGE AGREEMENT WHATCOM COUNTY, through its PARKS AND RECREATION DEPARTMENT, hereinafter referred to as "Parks and Recreation Department" whose principal office is located at 3373 Mount Baker Highway, Anacortes, Washington 98226, and CITY OF ANACORTES, through the ANACORTES POLICE DEPARTMENT, hereinafter referred to as "Department," whose local address is 1011 - 12th, Anacortes, Washington 98221, hereby enter into an agreement for the use by the Anacortes Police Department for Plantation Rifle Range, 5102 Samish Highway, Anacortes, Washington, for the purpose of providing firearms qualifications for commissioned personnel. IT IS MUTUALLY AGREED as follows: A. PARKS AND RECREATION DEPARTMENT RESPONSIBILITIES 1. The Parks and Recreation Department shall make available to the Anacortes Police Department the Plantation Rifle Range at such time and under such conditions as are hereinafter set forth. B. Anacortes POLICE DEPARTMENT RESPONSIBILITIES 1. 'The Anacortes Police Department shall provide all targets, target standards, ammunition and other materials necessary for their use of the Range. All ammunition used on the Indoor Range will be restricted to a round utilizing a total metal jacket (TMJ) bullet having a muzzle energy not greater than 400 foot pounds. 2. Assume responsibility and liability for safety of the entire Range Agreement - Page 1 during any period of exclusive use by the Anacortes Police Department. 3. Protect, defend, save and hold harmless Whatcom County, its authorized agents and employees, from all claims, costs, damages or expenses of any nature whatsoever arising out of or in connection with the Anacortes Police Department's use of the Range. 4. Be responsible for the conduct of members of the Anacortes Police Department while on the Range during exclusive use periods. 5. Designate, and report to the Range Master the name of an individual who shall act as a qualified supervisor and coordinator of all Anacortes Police Department activities at the Range. This individual shall be the person with whom the Range Master will work in connection with day- to-day matters of Range use, and who will be in direct charge during actual Range use. 6. Report any accidents that occur to the Whatcom County Parks and Recreation Department Office within 24 hours. C. USE OF THE RANGE 1. The Anacortes Police Department shall have exclusive use of the Range on 10 days of each calendar year. This exclusive use shall be by mutual agreement of both the Anacortes Police Department and the Parks and Recreation Department. Use date scheduled that is not canceled 48 hours in advance will be charged against Anacortes Police Agreement - Page 2 Department contract. In the event that law enforcement personnel other than the Anacortes Police Department wish to use the Range in conjunction with use by the Anacortes Police Department, there shall be an assessment of $7.00 per person for such personnel. 2. Individual members of the Anacortes Police Department upon presentation of their Anacortes Police Department commission card, shall be entitled to personal use of Range facilities without payment of regular fees. Provided, such use shall: a. Be during periods when the Range is normally scheduled to be opened to the general public; b. Be subject to all rules and conditions of use by the general public except for payment of fees; c. Not interfere with normal, customary use of the Range; d. Be a privilege to be enjoyed by the individual officer only and isn't transferable to others. e. Does not include supplies or Trap Range use. D. TERM The term of this Agreement shall be for Five (5) years,commencing January 1, 1994. Provided, it may be amended or terminated at any time by mutual written agreement of both parties, and may be terminated by either party upon 60 days written notice to the other party. Agreement - Page 3 E. FEES 1. The Department shall pay a fee of TWO THOUSAND ONE HUNDRED FIFTY DOLLARS AND NO CENTS ($2,150.00) iincluding tax for the use of the Range during 1994 for 30 officers. 2. In the event that the Anacortes Police Department desires to make use of the Range beyond the 10-day period set forth above, a fee of TWO HUNDRED TWENTY-FIVE AND NO CENTS ($225.00) not including tax per day shall be imposed for each day or part thereof in excess of said period. Such use shall be by mutual agreement of the parties. 3. The payment shall be due on or before March 31. Payment for any use beyond the annual 10-day period shall be due within 30 days of such use. 4. Commencing in 1994, at the call of the Parks and Recreation Department, representatives of each party shall meet in October of each year, or at such other times as the parties may agree, to negotiate the fee for the next calendar year of this Agreement. F. RELATIONSHIP OF THE PARTIES The parties intend that an independent contractor/department relationship will be created by this Agreement. No agent, employee, servant, or representative of the Anacortes Police Department shall be deemed to be an employee, agent, servant or representative of the Parks and Recreation Agreement - Page 4 ... .._.._....... Department or Whatcom County for any purpose. Employees of the Anacortes Police Department are not entitled to any of the benefits that Whatcom County provides for its employees. The Anacortes Police Department will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or otherwise during the performance of this Agreement. In the performance of the services herein contemplated, the Anacortes Police Department is an independent contractor with the authority to control and direct the performance of the details of the work. However, the results of the work contemplated herein must meet the approval of the Parks and Recreation Department and shall be subject to the Parks and Recreation Department's general rights, inspection and review to secure the satisfactory completion thereof. G. NON WAIVER OF BREACH The failure of the Parks and Recreation Department to insist upon strict performance of any of the covenants and agreements of this Agreement or to exercise any option herein conferred in any one or more instance shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. H. EXTENT OF AGREEMENT The Agreement contains all the terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or Agreement - Page 5 ........_... ............ otherwise, regarding the subject matter of this Agreement. I. MODIFICATION No change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing, executed by both parties. J. VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Furthermore, any cause of action arising out of this Agreement shall be filed in the Superior Court of Whatcom County. K. SEVERABILITY It is understood and agreed by the parties hereto that if any part of this Agreement is determined to be illegal, the validity of the remaining provisions shall not be affected and the rights and obligations of the parties shall be construed as if the Agreement did not contain the particular illegal part. If it should appear that any provision herein is in conflict with any statutory provision herein is in conflict with any statutory provision of the State of Washington, said provision shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be modified to conform to such statutory provision. Agreement - Page 6 DATED this {(� t— day of , 199 WHATCOM COUNTY STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this- ay of , 199/, before me personally appeared r 4 to me known to be the [,�;1 of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. c (_z y,.,72�- �v NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My Commission expires: l //96-----) DATED this day of , 199 . WHATCOM COUNTY PARKS AND RECREATION DEPA NT ,S.,/?;Oet"--TV Roger . eSpain, Director APPROVED AS TO FORM: Deputy Prosecuti Attorney Agreement - Page 7 Y3rA DATED this day of , 1994. CITY OF ANACORTES (7)14/:_. Mayor Attest: By: .nan Of icer DATED this F1A day of /2=Ct , 1994. CITY OF ANACORTES POLICE DEPARTMENT -41 // • Chief of Police �Qti✓ APPROVED AS TO FORM: City tt ney Agreement - Page 8