Use of BPD Firing RangeLICFNSE AGREEMENT FOR USE OF THE BOISE POLICE
FIRING RANGE FACILITIES
The City of Boise, a political subdivision of the state of Idaho, by and through the Boise Police
Department, (herei after "BPD), enters into this Agreement with the City of Meridian, a political
subdivision of the state of Idaho, by and through the Meridian Police Department, (hereinafter
"Licensee").
RECITALS
WHEREAS, BPD owns the Boise Police Firing Range located at 5958 Kuna Mora Road, Ada
County, Idaho (he inafter "Range"); and
WHEREAS, Licesee is planning to host two days of shield training which requires a facility
with a shooting ra ge, classroom and training house; and
WHEREAS, BPq will be permitted to send Boise officers to shield training free of charge in
exchange for Lice see's use of the full Range facility for training on May 16th, 17th and 18th
2017.
NOW, THEREFORE, the parties mutually agree as follows:
1. DUTIES F LICENSEE
a. LICENSED USE: By this Agreement, Licensee is authorized to use the Range
facilities for shield training on May 16th, 17th and 18th 2017. By this Agreement,
Licensee is authorized to use all Range facilities including the shooting ranges,
training house and administrative classroom building for shield training. Licensed
Use shall be conducted only on May 16th, 17th and 18th 2017. Licensee must have
a cc rtified instructor or equivalent designated instructor at the Range for the entire
duration of all shield and firearms training. Licensee shall follow the Basic
Firearm Safety Rules and Facility Rules, which are incorporated by reference and
attaohed as Exhibits "A" and `B" respectively.
b. TEIM: The term of this agreement shall commence on May 16, 2017 at 0800 and
end on May 18, 2017 at 2200. Either party may terminate this contract in writing
and such termination becomes effective immediately upon the Party receiving the
not ce. Termination of this Agreement shall not terminate, alter or otherwise
affic ct the Licensee's responsibilities and obligations under paragraphs 1(f), (g),
(h), and (i).
c.MAINTENANCE: BPD shall keep the Range in condition fit for use by Licensee
generally. Licensee shall vacate and leave the Range in at least as good a state and
co dition as it was prior to its scheduled 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
the term of this Agreement, 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 the time period of the Licensed
Use by Licensee, 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
corr, mencement of the Licensed Use. Licensee shall notify BPD immediately of
any damage occurring during their licensed use. Additionally, any costs incurred
by I 1PD to clean up the facility after the Licensed Use will be charged to the
Licensee. Licensee is not responsible for lead removal from the site.
d. E LOYEES OR AGENTS: Any and all persons using the Range during the
time scheduled by Licensee shall be deemed to be the officers, employees, agents,
gue its, or invitees of Licensee and shall be deemed to be insured by Licensee.
Licensee assumes responsibility for the conduct of all persons at the Range during
the Licensed Use.
e. E IPMENT: Licensee shall supply all targets, tape, staples, cardboard, barrels,
stec 1 targets, barricades and any other specialized equipment required for
Lic nsee's Licensed Use and such staff required to run said equipment. Licensee
sha 1 designate a primary point of contact for use of the Range. The designated
poii it of contact shall attend an operations meeting at the Range for procedural
anj operational direction prior to May 16, 2017.
f. IN EMNIFICATON AND INSURANCE:
i. Licensee, to the extent consistent with 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, and employees harmless 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 claim, suit,
demand, action, judgement, settlement 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, guests, and business invitees or representatives under this
Agreement and not caused by or arising out of the tortious conduct of the
City of Boise or its employees.
ii. 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 before commencing License Use as defined in this
Agreement. Licensee shall maintain liability coverage in force during all
Licensed Use of the Range and for the duration of this Agreement as
follows:
1. Comprehensive general liability insurance, including coverage for
premises and operations, contractual liability, personal injury
liability, in an amount 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, actions, and judgments
for damages or injury to persons or property arising out of or in
connection with Licensee's use of the Range.
2. Licensee shall maintain automobile insurance with a limit of no
less than $500,000 per occurrence for owned, non -owned and hired
vehicles. If licensee has no owned motor vehicles, then hired and
non -owned motor vehicle liability coverage with limits not less
than $500,000 per accident for bodily injury and property damage
is required.
3. Where required by law, the Licensee shall have and maintain
during the life of this contract, statutory Workers Compensation
and include Employers Liability with minimum limits of. Bodily
injury by accident - $100,000 each accident; bodily injury by
disease - $100,000 each employee; bodily injury by disease -
$500,000 policy limit. Additionally, where required by law, the
Licensee shall require its agents, contractors, servants, guests, and
business invitees or representatives under this Agreement to
provide Workers Compensation and Employers Liability
Insurance, where required by law.
g. 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 he 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").
Thee Risks may be the result of, or related to, utilization of the Range when one
or more 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
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,
each
oyees, agents, guests, and invitees with such Risks. Licensee represents that
and every one of their officers, employees, agents, guests, and invitees is
3
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.
h. D CTIVES: Licensee shall comply with and abide by the Range Master's
dire tion or command, and any reasonable and lawful directives issued by any
authorized agent of BPD. Anyone who violates any rule set forth in Exhibit A or
B, or violates a safety or operating procedure is subject to removal from the
Range by the Range Manager, Firearms Program Manager, or Captain of
Firearms. Persistent rules or safety violations may result in termination of the
License Agreement.
i. COMPLIANCE WITH LAWS: Licensee shall comply with and abide by all
federal, state and local laws, rules, regulations and ordinances, as well as any rule,
policy or regulation of the City of Boise, or its departments, including BPD.
j. WILDLAND FIRE MITIGATION: Licensee understands and acknowledges that
the shooting range is surrounded by range land consisting of dry grasses and
brush. Licensee agrees that all vehicles will be parked on improved surfaces and
that no vehicles will be driven or parked upon unimproved surfaces containing
dry,grasses and brush. Further, Licensee agrees that no tracer or incendiary rounds
of ai iy kind may be utilized at the Range.
k. PAYMENT: Licensee shall provide BPD free admission for 4 officers to attend
shie d training on May 16, 2017 and 3 free admissions to shield training on May
17th and 18th, 2017 in exchange for use of the Range facilities. BPD reserves the
righ to determine which BPD officers attend the training sessions.
I. AN ICIPATED NUMBER OF ROUNDS: Licensee anticipates the total number
of r unds discharged upon the shooting ranges by all officers, employees, agents,
gue s, and invitees to be 31f
I tA4 for the two days of training.
2. DUTIES OF BPD
a. SIT : The Range consists of two outdoor pistol ranges, one outdoor rifle range, a
satel ite Restroom Building, a storage shed improved parking surfaces, a training
hou , and an administrative classroom facility. A diagram of the Range is
attac ied as Exhibit "C." BPD will provide access to the Range for each scheduled
Lice ised Use.
b. PAR KING AND ACCESS: BPD will provide parking for Licensee's officers,
emp oyees, 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 the Licensed
Use.
c. HOtRS OF OPERATION: Hours of operation of the Range are daily from 0800
to 2200 hours. Any access outside of these designated hours requires written
cons nt from the Range Master or the Chief of Police or his designee.
4
3. MISCELLANEOUS PROVISIONS
a. RIGHT OF INSPECTION: BPD or the Range Master, or their designee, shall
have the right to make inspections of the Range at any time for the purpose of
ensuring compliance with the terms and conditions of this Agreement.
b. JURISDICTION AND VENUE: This Agreement shall be governed and
interpreted by the laws of the State of Idaho with venue in the Fourth Judicial
District, County of Ada, State of Idaho.
c. ATTORNEY'S FEES: In the event of any litigation arising under, or as a result
of, this Agreement, the prevailing party shall recover its costs and reasonable
attorney fees.
d. SEVERANCE: In the event any provisions or sections of this Agreement conflicts
with applicable law, or is otherwise held to be unenforceable, the remaining
provisions shall nevertheless be enforceable and shall be carried into effect.
e. MODIFICATION: This Agreement may be modified or amended only by a
writing duly executed by both parties.
f 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.
g. NOTICES: All notices required hereunder shall be given in writing by mail to:
Boise Police Department Meridian Police Department
William L. Bones, Chief of Police Jeff A. Lavey, Chief of Police
333 N. Mark Stall Place 1401 E. Watertower St.
Boise, ID 83704 Meridian, ID 83642
Dated this day of 2017
2017
Boise Police Department:
William L. Bones
Chief of Police
Licensee (Meridian Police Department):
J A._VVey
Chief of Police
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
P® IATED,4 CITY OF MERIDIAN
Gs
Of om 13
E IDIgN Tammy de Ter , Mayor
SEAL
ATTEST:
C.J Coles, lft
idian City Clerk