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HomeMy WebLinkAboutTemporary Use of Boise Police Shooting RangeLICENSE AGREEMENT FOR TEMPORARY USE OF BOISE POLICE SHOOTING RANGE The city of Boise City, a political subdivision, and municipal corporation of the state of Idaho, by and through the Boise Police Department, (hereinafter collectively referred to as “BPD”), enters into this Agreement with the city of Meridian, a political subdivision, and municipal corporation of the state of Idaho, by and through the Meridian Police Department, (hereinafter collectively referred to as “Licensee”). BPD and Licensee are collectively referred to as the “Parties” and individually as “Party.” RECITALS WHEREAS, the city of Boise City owns the Boise Police Firing Range located at 5958 Kuna Mora Road, Ada County, Idaho (the “Range”); and WHEREAS, Licensee desires to use the Range to fulfil its obligation to provide firearms training to its law enforcement officers/agents; and, WHEREAS, BPD wishes to provide access to the Range to select law enforcement agencies for periodic firearms training; THEREFORE, in furtherance of the individual and mutual interests identified above, BPD grants Licensee a temporary and fully revocable license, and the Parties agree to the following terms and conditions governing Licensee’s periodic use of the Range: 1. DUTIES OF LICENSEE a. LICENSED USE: By this Agreement, Licensee is authorized, at such times and on such days agreed to by BPD, to use the Range for firearms training (herein after a “Licensed Use”). BPD reserves the right to cancel or reschedule a Licensed Use in order to accommodate a higher BPD Priority at any time and for any reason whatsoever. By this Agreement, Licensee is authorized to use the range as permitted and limited by BPD for each Licensed Use. Any Licensed Use shall be conducted only at the time assigned to the Licensee by BPD. Licensee shall have an Idaho POST certified range instructor at the Range for the entire duration of a Licensed Use. Licensee, its employees, agents, and officers shall follow the Basic Firearm Safety Rules, which are incorporated by reference and attached as Exhibit “A”, and the Boise Police Department Range Directives. b. TERM: Subject to extension or termination as provided in this paragraph, the term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement and shall thereafter automatically renew on an annual basis for successive one-year periods on the anniversary of the Effective Date. Either party may terminate this Agreement in writing and such termination becomes effective immediately upon the Party receiving the notice. Termination of this Agreement shall only terminate further Licensed Use, and shall Page 1 of 8 Meridian City Council Meeting Agenda March 6, 2018 – Page 232 of 605 not terminate, alter or otherwise affect the Licensee’s responsibilities and obligations under other sections of this Agreement. c. MAINTENANCE: At the end of each Licensed Use, Licensee shall vacate and leave the Range in at least as good a state and condition as it was prior to its Licensed Use, including removal of all supplies and cleaning up of debris. Licensee also agrees that if the Range or any of its facilities, including buildings, equipment, or furnishings are damaged during a Licensed Use, by the act, omission, default or negligence of Licensee, its officers, employees, agents, guests, or invitees, or any person or persons using the Range or its facilities during a Licensed Use, Licensee shall pay to BPD, upon demand, such sum as shall be necessary to restore the Range or its facilities to the condition they were in at the commencement of the Licensed Use. Licensee shall notify BPD immediately of any damage occurring during a Licensed Use. Additionally, any costs incurred by BPD to clean the facility after the Licensed Use will be charged to the Licensee. Licensee is not responsible for lead removal from the site. d. EMPLOYEES OR AGENTS: Any and all persons using the Range during a Licensed Use shall be deemed to be the officers, employees, agents, guests, or invitees of Licensee and shall be deemed to be insured by Licensee. Licensee fully assumes responsibility for the conduct of all persons at the Range during the Licensed Use. e. EQUIPMENT: Licensee shall supply all targets, tape, staples, cardboard, barrels, steel targets, barricades and any other specialized equipment required for a Licensed Use, and such trained and qualified staff (as specified above) required to operate said equipment. f. POINT OF CONTACT: Licensee shall designate a primary point of contact for use of the Range. The designated point of contact shall attend annual operations meetings at the Range for procedural and operational updates. g. INDEMNIFICATION: Licensee, to the extent consistent Article VIII, Section 4, of the Idaho Constitution, and Idaho law, including any applicable limits of liability available under the Idaho Tort Claims Act, agrees to indemnify, save and hold the City of Boise, its officers, agents, or employees, harmless from and against any and all from and against any and all liability, loss, damage, cost, and expense, including attorney’s fees and costs which may accrue or be sustained by the City of Boise, its officers, agents, or employees, as a result or consequence of any claims, suits, demands, actions, judgments, settlements or forfeiture, including any suit instituted to enforce the obligations of this License Agreement made or brought by any party against the City of Boise, its officers, agents, or employees, arising out of or in connection with the Licensed Use and/or any activities of Licensee, Licensee’s agents, employees, contractors, servants, agents, employees, guests, and business invitees or representatives under this Agreement and not caused by or arising out of the tortious conduct of City or its employees. h. INSURANCE: Licensee agrees to secure prior to commencing any activities under this Agreement, and provide proof of such liability coverage as set forth below to BPD prior to Page 2 of 8 Meridian City Council Meeting Agenda March 6, 2018 – Page 233 of 605 commencing its use as herein provided, keep in force during any Licensed Use of the Range, and maintain during the term of this Agreement, insurance coverage as follows: a. Workers’ compensation insurance as required by Idaho statutes or proof that such workers’ compensation insurance is not required under the circumstances. b. Comprehensive general liability insurance, including coverage for premises and operations, contractual liability, personal injury liability, in an amount of not less than the amount set forth in the Idaho Tort Claims Act per occurrence, issued by an insurance carrier licensed to do business in Idaho and providing coverage from and against any and all claims, losses, action, and judgments for damages or injury to persons or property arising out of or in connection with Licensee’s use of the Range. If Licensee is self-insured, Licensee will provide a letter from the appropriate official indicating Licensee has sufficient resources to pay any claim up to the tort claim limits. i. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS: Licensee acknowledges that there are numerous risks and hazards associated with and inherent in, using and being present on the Range. Licensee further acknowledges that the use, training and operation of firearms or any and all defensive/offensive equipment and weapons are inherently dangerous activities and may create a risk of property damage and /or personal injury including death (hereinafter “Risks”). These Risks may be the result of, or related to, utilization of the Range when engaged in shooting activities and exposed to firearms and stray and ricocheting bullets; malfunctioning or defective equipment and fixtures including targets and backstops; artificial and natural conditions that may exist on the Range; and utilization of a Range that is not staffed on a full-time basis. Licensee, for itself and Licensee’s officers, employees, agents, guests, or invitees represents and warrants that such Risks are fully understood and Licensee voluntarily assumes and accepts all such Risks for itself and Licensee’s officers, employees, agents, guests, and invitees and agrees to take efforts to acquaint all of Licensee’s officers, employees, agents, guests, and invitees with such Risks. Licensee will ensure that all of Licensee’s officers, employees, agents, guests, and invitees are covered, where required by law, by the Federal Employees Compensation Act or applicable state workers’ compensation laws. Licensee represents and warrants that each and every one of their officers, employees, agents, guests, and invitees is fully competent to participate in firearms training and shooting activities on the Range, and does not present a danger to themselves or others using the Range. j. DIRECTIVES: Licensee and its officers, employees, agents, guests, and invitees shall comply with and abide by all of the Range Manager’s directions or commands, and any lawful directives issued by any authorized agent of BPD. Anyone who violates any rule set forth in Exhibit A or the Range Directives, or violates a safety or operating procedure is subject to removal from the Range by the Range Manager, Firearms Program Manager, or their designated BPD representative. Licensee is put on notice that persistent rule or safety violations may result in termination of this Agreement as specified above. Page 3 of 8 Meridian City Council Meeting Agenda March 6, 2018 – Page 234 of 605 k. COMPLIANCE WITH LAWS: Licensee shall comply with and abide by all federal, state and local laws, rules, regulations and ordinances, as well as any applicable rule, policy or regulation of the city of Boise City, or its departments, including BPD. l. PAYMENT: Licensee shall pay to BPD a fee of $150 for each day of Licensed Use for the Shoot House. m. ANTICIPATED NUMBER OF ROUNDS: Licensee shall provide to BPD at the time of scheduling the anticipated number of total rounds it will discharge at the Range by all its officers, employees, agents, guests, and invitees for each day of Licensed Use. n. MASTER CALENDAR: Licensee shall provide BPD with all proposed Licensed Use dates by November 30th of each year to secure training dates for the following calendar year. BPD will notify Licensee of conflicts with the proposed schedule within a reasonable time period and request that the Licensee submit alternate dates. BPD reserves the right to cancel and/or reschedule Licensee’s training dates at any time and for any reason it deems necessary. Licensee will be assigned a designated time period and location on the Range for their planned training activities o. SHOOT HOUSE PROHIBITIONS: Licensee shall not perform live-fire training in the Shoot House, nor use any live ammunition. The only materials permitted in the Shoot House is marking ammunition similar to “Simunitions” which merely leaves marks, usually made by colored soap, on walls and clothing. Licensee will clean the Shoot House of any markings left by this training ammunition before ending training for a Licensed Use. 2. DUTIES OF BPD a. SITE: The Range consists of pistol and rifle ranges, Shooting House, restroom facilities, a classroom, and improved parking surfaces. A diagram of the Range is attached as Exhibit “C.” BPD will provide access to the appropriate portions of the Range for each scheduled Licensed Use as determined by BPD. BPD shall keep the Range in condition fit for use by Licensee generally. b. PARKING AND ACCESS: BPD will provide parking for Licensee’s officers, employees, agents, guests and invitees upon all improved parking surfaces at the Range. Parking access for Licensee’s officers, employees, agents, guests, and invitees will only be allowed before, during and immediately after a Licensed Use. c. HOURS OF OPERATION: Hours of operation of the Range are daily from 0800 to 2200 hours. Any access outside of these designated hours requires written consent from the Boise Chief of Police or his designee. 3. MISCELLANEOUS PROVISIONS Page 4 of 8 Meridian City Council Meeting Agenda March 6, 2018 – Page 235 of 605 a. TERMINATION OR AMENDMENT: Either party may terminate this Agreement with 30 days’ advance notice in writing of its intention to terminate the Agreement. Notwithstanding this termination provision, this Agreement is intended to provide the basis for Licensee’s periodic use of the Range for firearms training, and shall be deemed to be a valid license agreement between the parties until one or both parties terminates the Agreement, or amend the same, in writing. b. RIGHT OF INSPECTION: BPD’s Range Master or their designee, shall have the right to make inspections of the Range and facilities at any time for the purpose of ensuring compliance with the terms and conditions of this Agreement. c. RELATIONSHIP OF PARTIES: It is the express intention of the parties hereto that Licensee is, and at all times relevant hereunder shall be, an independent party and not an employee, agent, joint venturer, or partner of BPD. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between BPD and Licensee or between BPD and any official, agent, or employee of Licensee. d. JURISDICTION AND VENUE: This Agreement shall be governed and interpreted by the laws of the state of Idaho with venue being proper only in the Fourth Judicial District, County of Ada, state of Idaho. e. ATTORNEY FEES: In the event of any litigation arising under, or as a result of this Agreement, each Party shall be responsible for its own costs and attorney fees. f. SEVERANCE: In the event any provision or section of this Agreement conflicts with applicable law, or is otherwise held to be unenforceable, that provision will be severed from the Agreement, and the remaining provisions shall be enforceable and shall be carried into full effect. g. MODIFICATION: This Agreement may be modified or amended only by a writing duly executed by both parties. h. MERGER: This writing embodies the entire agreement of the parties, and they expressly acknowledge that there are no promises, terms, conditions, or obligations other than those contained in this Agreement. All previous and contemporaneous communications, representations, or agreements, either verbal or written, between the parties are superseded by this Agreement. i. NOTICES: All notices required hereunder shall be given in writing by mail to: Operation Support Deputy Chief Training Officer Boise Police Department Meridian Police Department 333 N. Mark Stall Place 1401 E. Watertower St. Boise, ID 83704 Meridian, ID 83642 Page 5 of 8 Meridian City Council Meeting Agenda March 6, 2018 – Page 236 of 605 DATED this day of Al/,L O h , 20 /B Boise Police Department: Signature INilliaw L . b6nr s Name CGIir o tl- 'Po //Ct: Title or Position Licensee: Signature C. /win Y ver`' w&e,-J Name Title or Position Page 6of8 Exhibit “A” Basic Firearm Safety Rules 1. Always assume every firearm is loaded. 2. Keep your finger off the trigger and outside the trigger guard until you've made the decision to fire. 3. Know your target and what's beyond and around it. 4. Never let your muzzle cross anything you are not willing to destroy. All users of the Range are required to understand and comply with the Range Directives. A copy may be obtained from the Firearms Program Manager. Page 7 of 8 Meridian City Council Meeting Agenda March 6, 2018 – Page 238 of 605 Exhibit “B” Page 8 of 8 Meridian City Council Meeting Agenda March 6, 2018 – Page 239 of 605