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HomeMy WebLinkAbout3632 Contract Number: 3632 Vendor: WASHINGTON STATE PATROL Subject: Range - Firearms Training Department: Police File Class: LEG 16 -3 Begin Date: 03/01/1995 End Date: 12/31/2010 Review Date: 12/01/2010 Vault Date: Comments: Automatic renewal unless notice received by December 1 \ . , .,-".., l, '-. RENTAL AGREEMENT (Range - Firearms Training) CrtTf{'>"4zrsr uOu b v TIllS RENTAL AGREEMENT, hereinafter referred to as "Agreement", made and entered into between the CITY OF BREMERTON, whose address is 239 Fourth Street, Bremerton, Washington 98337, hereinafter referred to as '"Landlord", andr::~asliifigten,s.tate~1}>,atitQ.~hereinafter referred to as "Tenant". NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MU1UALL Y AGREED AS FOLLOWS: 1. DESCRIPTION OF PREMISES. The Landlord hereby leases to the Tenant the following described premises for up to thirty (30) days in any calendar year: FIRING RANGE: Located 1/4 mile north ofthe Gold Mountain Golf Course on the Old Belfair Highway, 6581 West Old Valley Rd. Bremerton W A 98312, Days of use shall be scheduled thirty (30) days in advance and will be accommodated on a first scheduled basis. 2. TERM. This Agreement shall become effective on /~ / - 06 for up to one year, and ending on /;1- ) / - 0 b . This Agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the proceeding H o;J7 H of any such year. 3. RENTAL RATE. The Tenant shall pay rent to the Landlord for the premises at the following rate: Seventy Five Dollars and No Cents ($75.00), per day, in 88YRfl80. ::['e( _M~ 4. EXPENSES. Tenant shall supply all weapons, ammunition, targets ~ct~ther supplies used in the target exercise. 5. MAINTENANCE AND REPAIR. The Landlord shall, unless herein specified to the contrary, maintain the premises in good repair and tenant able condition du.riJIg the continu3.nce oftms agreement, except incase of damage arising from the negligence of the Tenant's agents or employees. For the purposes of so maintaining the premises, the owner reserves the right, at reasonable times, to enter and inspect the premises and to make any necessary repairs to the building. Tenant shall clean uo all e:arbae:e and debris after use. 6. TERMINATION. This agreement may be terminated by either party, without cause, by giving written notice of not less than thirty (30) days prior to the effective date of termination. Pro- rata refunds for the remaining pre-paid rental term shall be refunded to T errant should either party initiate termination. RENTAL AGREEMENT - 1 C:\Documents and settinggIRA WLINS\Local Settings\Temp\Gig Harbor Range Contract_,doc -:',.....:....... 7. RANGE SUPERVISION. Tenant shall provide and require the presence of a qualified range officer at alltimes during which the Tenant's personnel are using the premises. To assure safe operations, the range officer shall have full authority and responsibility to direct the activities of those using the range and shall halt any activity found to be unduly hazardous. 8. HOLD HARMLESS. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible for its own acts or omissions, or those of its officers, agents, or employees, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of both the Tenant and the Landlord, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. WASHINGTON STATE PATROL Approved: By: 1:Jft, h5' ~ , Date By: .' 1-~)--~ Date DEPARTMENTAL APPROVAL: \ d'/ .2J-o~. Date APPROVED AS TOFORM: 1h.3J,4:> ~te / RE RENTAL AGREEMENT - 2 C:\Documentll and SettingsIRA WLINS\LocaI Settingg\Temp\G1g Harbor Range Contract _,doc tenter Search Criteria, Press Esc Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 3632 Vendor Name WASHINGTON STATE PATROL ~Subject RANGE - FIREARMS TRAINING IDepartment POLICE Status Code RNG Amount $500.00 Begin Date 03/01/1995 Insurance End Date 02/28/2005 Type Amount Review Date 01/01/2005 Insurance Total $0.00 Insurance Review Date Comments AUTOMATIC RENEWAL UNLESS 30 DAY NOTICE RECEIVED ,JUN 2 1 RECEIVED .... ',.,:"" JUN 1 9 ZOOZ (Range - Firearms Training) WS P DIST VII THIS ~NT~ AG~EMBNT, h~e~afler ref~ed to ~ "A~ecment", rome ~d ~tcred into between ~c CITY OF B~MERTON, whose address is 239 Fo~h S~eet, Brcme~on, W~ngton 98337, hercinaRer refe~ed to as "L~dlord", ~d Washin~on State Patrol, hereinaRcr refened to as "Tenet". [acting under a delegation of authodty ~om the Depmcnt of General Administration, in accordance with RCW 43.82.010. - ~is lan~age to be used with Washington State Patrol only] NOW, THE~FO~, in consideration of thc te~s, conditions, coven~ts ~d perfo~ces contained herein, IT IS MUTU~LY AG~ED AS FOLLOWS: 1. DESC~PTION OF P~MISES. Thc L~dlord hereby leases to ~e T~t the following described premises for up to ~irty (30) days in ~y cai~d~ ye~: F~G ~GE: ~cated 1/4 mile no~h of thc Gold Mo~t~n Golf Co~sc on thc Old Belfair Highway, 6581 West Old Valley Rd. Brcmenon WA 98312 Days of usc shall be scheduled thi~ (30) days in advice ~d will be acco~odated on a first scheduled basis. 2. TE~. ~ A~eement shall become ~ective on ~ ~ ~ for up to one ye~, ~d ending o~~ ~ ~ ~ ~O~s A~eement shall automatic~ly be renewed on a calend~ yc~ basis ~lcss ~en ~tice of te~ination is given by either p~y by the proceeding of~y such ye~. 3. ~NT~ ~TE. The Tenet shall pay rent to the L~dlord for the premises at thc following rate: Five Hundred Doll,s ~d No Cents ($500.00), per yc~, paid queerly. 4. E~ENSES. Tenet shall supply all weapons, ~m~ition, t~gets ~d o~cr supplies used in the target exercise. 5. MAINTEN~CE ~D ~P~R. The L~dlord shall, unless herein specified to ~e contr~, maintain thc premises in good repair ~d ten,table condition d~ng the continu~cc offs a~cement, except in case ofd~age ~sing ~om the negligence of the Tenor's agents or employees. For the pu~oses of so maintaining ~e premises, the owner rescues ~e fi~t, at reasonable times, to enter ~d inspect ~e premises ~d to m~c ~y necess~ repots to ~e build~g. Tenet shall cle~ up all g~bage ~d debts a~er use. 6. TE~INATION. This a~eement may be te~inated by eider p~y, without cause, by giving wfi~en notice of not less th~ ~i~y (30) days prior to thc effective date ofte~nation. Pro-rata re~ds for the remaining pre-paid rental te~ shall be ref~dcd to Tenet should either p~y i~tiatc te~ination. RENTAL AGREEMENT - 1 Range.Agt Agreements Forms 5/29/02 7. RANGE SUPERVISION· Tenant shall provide and require the presence of a qualified range officer at all times during which the Tenant's personnel are using the premises. To assure safe operations, the range officer shall have full authority and responsibility to direct the activities of those using the range and shall halt any activity found to be unduly hazardous. 8. HOLD HARMLESS. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible for its own acts or omissions, or those of its officers, agents, or employees, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of both the Tenant and the Landlord, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the fight to seek contribution from the other party in propo~ion to the percentage of negligence attributable to the other party. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. WASHINGTON STATE PATROL ~,Approved: ,,/'7 ,4 .,o .~, BFS ADMINISTI: tA Oh Date CITY OF BREMERTON By: "~' "~ CARY BO~EMAN, Mayor Date DEPARTMENTAL APPROVAL: ob Forbes, Chief of P ' Date APPROVED AS TO FORM: Roger A. Lubovich, City Attorney Date RECEWED FOR FILING: RENTAL AGREEMENT - 2 Range.Agt - Agreements Forms - 5/29/02 COZO56?GSC Range - Firearms Training (Bremerton) JJS Page 1 of 3 RECEIVED FEB 2 ? 2111E RENTAL AGREEMENT PROP. MGMT CITY OF BREMERTON THIS RENTAL AGREEMENT, hereinafter referred to as "Agreement", made and entered into between the CITY OF BREMERTON, whose address is 239 Fourth Street, Bremerton, Washington 98337, hereinafter referred to as "Landlord", and Washington State Patrol, hereinafter referred to as "Tenant", (acting under a delegation of authority fi.om the Department of General Administration, in accordance with RCW 43.82.010. - This language to be used with Washington State Patrol only.). NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1. DESCRIPTION OF PREMISES. The Landlord hereby leases to the Tenant the following described premises for up to thirty (30) days: FIRING RANGE: Located ~A mile north of the Gold Mountain Golf Course on the Old Belfair Highway, 6581 West Old Valley Road, Bremerton, Washington 98312. Days of use shall be scheduled thirty (30) days in advance and will be accommodated on a first scheduled basis. 2. TERM. This Agreement shall be effective from to March 1, 2002 to February 28, 2003. 3. RENTAL RATE. The Tenant shall pay rent to the Landlord for the premises at the following rate: Five Hundred Dollars and No Cents ($500.00), per year, paid in quarterly payments. 4. EXPENSES. Tenant shall supply all weapons, ammunition, targets and other supplies used in the target exercise. Range - Firearms Training (Bremerton) JJS Page 2 of 3 5. MAINTENANCE AND REPAIR. The Landlord shall, unless herein specified to the contrary, maintain the premises in good repair and tenantable condition during the continuance of this agreement except in case of damage arising from the negligence of the Tenant's agents or employees. For the purposes of so maintaining the premises, the owner reserves the right, at reasonable times, to enter and inspect the premises and to make any necessary repairs to the building. Tenant shall clean up all garbage and debris after use. 6. TERMINATION. This agreement may be terminated by either party, without cause, by giving written notice of not less than thirty (30) days prior to the effective date of termination. Pro-rata refunds for the remaining pre- paid rental term shall be refunded to Tenant should either party initiate termination. 7. RANGE SUPERVISION. Tenant shall provide and require the presence ora qualified range officer at all time during which the Tenant's personnel are using the premises. To assure safe operations, the range officer shall have full authority and responsibility to direct the activities of those using the range and shall halt any activity found to be unduly hazardous. 8. HOLD HARMLESS. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible for its own acts or omissions, or those of its officers, agents, or employees, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of both the Tenant and the Landlord, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution fi.om the other party in proportion to the percentage of negligence attributable to the other party. Range Firearms Training (Bremerton) JJS Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. CIT/Y.~REI~-T-~f WASHINGTON STATE PATROL By:~~ Fac~Contracts Program Manager Date: ~ !c~ !t> i>' _ Date: By:~~~' CUmF RON Date: DEP~TMENT~ ~PROV~: Rob Forbes, C~ef of Police ~./~/d~ ASSlST~iA~Ok"~ENE~L ~, City Attom~ Budgek~d Fiscal Se~ices .CEI~D FOR Fm~G: By: ~THLEEN L. McCluskey, CI~ CLE~ -. CO 044TGSC ROBERT D. FORBES, Chief of Police 239 4th SWeet · Breme~on, WA 98337 · (360) 478-5220 · FAX (360) 478-5395 RENTAL AGREEMENT (Range - Firearms Training) THIS RENTAL AGREEMENT, hereina~er referred to as "Agreement", made and entered into between the CITY OF BREMERTON, whose address is 239 Fourth Street, Bremerton, Washington 98337, hereinafter referred to as "Landlord", and Washington State Patrol, hereinafter referred to as "Tenant". [acting under a delegation of authority from the Department of General Adraini~tration, in accordance with RCW 43.82.010. - This language to be used with Washington State Patrol only] NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: I. DESCRIPTION OF PREMISES. The Landlord hereby leases to the Tenant the following described premises for up to thirty (30) days: FIRING RANGE: Located 1/4 mile north of the Gold Mountain Golf Course on the Old Belfair Highway, 6581 West Old Valley Rd. Bremerton Wa. 98312 Days of use shall be scheduled thirty (30) days in advance and will be accommodated on a first scheduled basis. 2. TERM. This Agreement shall be effective from to March t, 2001 to February 28, 2002. 3. RENTAL RATE. The Tenant shall pay rent to the Landlord for the premises at the following rate: Five Hundred Dollars and No Ceres ($500.00), per year, paid quarterly. 4. EXPENSES. Tenant shall supply all weapons, ammunition, targets and other supplies used in the target exercise. 5. MAINTENANCE AND REPAIR. The Landlord shall, unless herein specified to the contrary, maintain the premises in good repair and tenantable condition during the continuance of this agreement, except in case of damage arising from the negligence of the Tenant's agents or employees. For the purposes of so maintaining the premises, thc owner reserves the right, at reasonable times, to enter and inspect the premises and to make any necessary repairs to the building. Tenant shall clean up aH garbage and debris after use. RECEIVED RENTAL AGREEMENT- 1 FEB 26 2001 PROP. MGM'r Equal Opportunity Employer 6. TERMINATION. This agreement may be terminated by either party, without cause, by giving written notice of not less than thirty (30) days prior to the effective date oftermination~ Pro- rata refunds for the remaining pre-paid rental term shall be refunded to Tenant should either party initiate termination. 7. RANGE SUPERVISION. Tenant shall provide and require the presence of a qualified range officer at all times durin~ which the Tenant's personnel are using the premises. To assure safe operations, the range officer shall have full authority and respons~ility to direct the activities of those using the range and shall halt any activity found to be unduly ba?ardous. 8. HOLD HARMLESS. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no fight to any other party. No joint venture or partnership is formed as a result ofthis Agreement. Each party hereto agrees to be responsible for its own acts or omissions, or those of its officers, agents, or employees, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the ease of negligence of both the Tenant and the Landlord, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. WASHINGTON STPbEE PATROL ~ ~0 Date: By / By:. TENANT APP~t~OVEI~$ TO FORM ASSISTANT ATI'ORNEY GENERAL ~J~/ RENTAL AGREEMENT - 2 CITY OF BREMERTON L~q(TN HORTON, Mayo~- TAL APPROVAL: Rob Forbes, Chief of Police ~D AS TO FORM: Davi-~ St. 'Pie~e~ A~. City Attorney RENTAL AGREEMENT - 3 Range - Firearms Training (Bremerton) JJS Page 1 of 3 RI C :IVI D RECEIVED RECEIVED APR 0 5 2000 RENTAi, AGI~I~,I¥IENT MAR 3 0 2000 A?R 0 5 2000 ~006~:7 ts FtSC^~. CITY OF BREMERTON PROP MGMT. PROP MGMT. TI-I/S RENTAL AGREEMENT, hereinafter referred to as "Agreement", made and entered into between the CITY OF BREMERTON, whose address is 239 Fourth Street, Bremerton, Washington 98337, hereinafter referred to as "Landlord", and Washington State Patrol, hereinafter referred to as "Tenant", (acting under a delegation of authority from the Department of General Administration, in accordance with RCW 43.82.010. - Th/s language to be uzed with Washington State Patrol only). NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1. DESCRIPTION OF PREMISES. The Landlord hereby leases to the Tenant the following described premises for up to thirty (30) days: FIRING RANGE: Located ¼ mile north of the Gold Mountain Golf Course on the Old Belfair Highway, 6581 West Old Valley Road, Bremerton, Washington 98312. Days of use shall be scheduled thirty (30) days in advance and will be accommodated on a first scheduled basis. 2. TERM. This Agreement shall be effective fxom to April 1, 2000 to March 31, 2001. 3. RENTAL RATE. The Tenant shall pay rent to thc Landlord for the premises at thc following rate: Five Hundred Dollars and No Cents ($500.00), per year, paid in quarterly payments. 4. EXPENSES. Tenant shall supply all weapons, ammunition, targets and other supplies used in the target exercise. - - CO0016BGSC Range - Firearms Training (Bremerton) JJS Page 2 of 3 5. MAINTENANCE AND REPAIR. The Landlord. shall, unless herein specified to the contrary, maintain the premises in good repair and tenantable condition during the continuance of this agreement except in case of damage arising from the negligence of the Tenant's agents or employees. For the purposes of so maintaining the premises, the owner reserves the right, at reasonable times, to enter and inspect the premises and to make any necessary repairs to the building. Tenant shall clean up all garbage and debris after use. 6. TERMINATION. This agreement may be terminated by either party, without cause, by giving written notice of not less than thirty (30) days prior to the effective date of termination. Pro-rata refunds for the remaining pre- paid rental term shall be refunded to Tenant should either party initiate t~tmination. 7. RANGE SUPERVISION. Tenant shall provide and require the presence of a qualified range officer at all time during which the Tenant's personnel are using the premises. To assure safe operations, the range officer shall have full authority and responsibility to direct the activities of those using the range and shall halt any activity found to be unduly hazardous. 8. HOLD HARMLESS. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible for its own acts or omissions, or those of its officers, agents, or employees, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case , of negligence of both the Tenant and the Landlord, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. - - CO00168GSC (Bremerton) J]S Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. CITY OF BREMERTON WASHINGTON STATE PATROL La/'NN HOR~ON, Mayor ~//Faciiity~o~acts Program Manager // Date: ,-~/~,/~n) · Date: J/~ ~vr..~ By: CHIE~BERG Date: DEPARTMENTAL APPROVAL: AP^PROVED AS TO FORM: Rob Forbes, Chief of ~olice ~.~ ~(~,~xJ Glenna Malaca, City ^ttomey Budget and Fiscal Services I~TI~f/~eC~u~key~ CITY CLERK 1 INTERAGENCY AGREEMENT 2 WASHINGTON STATE PATROL 3 AND 4 BREMERTON POLICE DEPARTMENT 5 AGREEMENT NO. C000063GSC 6 7 THIS AGREEMENT, Pursuant to Chapter 39.34 RCW, is made and entered into by 8 and between the Washington State Patrol (hereinafter referred to as WSP), PO Box z~2602, 9 Olympia, Washington 985C)4-2602and the Bremerton Police Department (hereinafter 10 referred to as BPD), 239 Fourth Street, Bremerton, Washington 98337. 11 12 Now therefore, in consideration of the terms, covenants, and performance contained herein 13 or attached hereto and incorporated here and made a part hereof, the parties agree as 14 follows: 15 16 PURPOSE 17 The WSP has a Bomb Squad and the equipment that is required by the Federal Bureau of 18 Investigation in order to be recognized as an accredited Bomb Squad. The WSP and BPD 19 desire to establish a partnership to combine their resources and better coordinate their 20 activities to provide a service to the citizens of Kitsap County and the State of 21 Washington. 22 23 IT IS, THEREFORE, MUTUALLY AGREED THAT: 24 25 STATEMENT OF WORK 26 The WSP Agrees as Follows: 27 1. To provide the necessary equipment to dispose of explosive devices. This equipment 28 shall include the following: 29 · A vehicle for transporting personnel and their equipment; 30 · A bomb trailer; -1- AGREEMENT NO. C000063GSC INTER, AGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND BREMERTON POLICE DEPARTMENT (continued) 1 · Equipment and film for taking x-ray pictures and processing the film; 2 · Explosives; and 3 · Dearmer - Disrupter. 4 5 2. The vehicles and trailers may be labeled to reflect their status as Interagency Bomb 6 Squad equipment. 7 8 3. All property purchased or provided by BPD or individual officers will remain the 9 property of BPD or the individual officer. 10 11 The BPD Agrees es Follows: 12 1. To assign at least one BPD officer to serve on the Interagency Bomb Squad. 13 14 2. Each BPD officer assigned to the Interagency Bomb Squad shall have been trained at 15 the five-week hazardous devices school at Redstone Arsenal in Huntsville, Alabama, 16 regarding techniques for the disposal of explosive devices. 17 18 3. The WSP shall have the right to judge the qualifications of any BPD officer assigned to 19 the Interagency Bomb Squad and the WSP may deny participation on the Interagency 20 Bomb Squad by any officer the WSP, in its discretion, deems unqualified. Provided, 21 the WSP shall supply BPD with the reasons for such denial. 22 23 4. Equipment furnished or purchased by the WSP or individual officers for the 24 Interagency Bomb Squad shall remain the sole property of the WSP or the individual 25 officer. 26 27 The WSP and BPD Mutually Agree as Follows: 28 1. To jointly agree upon a schedule which will result in at least two officers being 29 available to the Interagency Bomb Squad at all times. -2- AGREEMENT NO. C000063GSC INTER, AGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND BREMERTON POLICE DEPARTMENT (continued) I 2. Each officer assigned to the Interagency Bomb Squad shall have their own special 2 clothing and personal items of equipment which shall remain their personal property 3 unless purchased by one of the parties hereto. If purchased by one of the parties 4 hereto, it shall be the property of that party. 5 6 3. To determine a method for storing and maintaining the equipment. It is the intention 7 of the parties that the cost of such storage and maintenance be absorbed by the 8 agency providing the service and no claims for reimbursement for such costs be made 9 by one party to the other. 10 11 4. The Interagency Bomb Squad may respond to locations throughout the Olympic 12 Peninsula Region. 13 14 5. The services and functions described herein shall be performed by the employees of 15 the parties hereto as part of their regular employment for their agency. No claims 16 shall be made by one party against the other for such services and functions. 17 18 6. This Agreement does not create a separate legal or administrative entity, and 19 pursuant to RCW 39.34.030{4)(a),the Chief of the WSP or designee shall act as 20 administrator of this Agreement. 21 22 PAYMENT 23 Except as otherwise agreed by the parties hereto in individual cases, no compensation shall 24 be paid by the WSP or BPD for any assistance rendered by one party to the other pursuant 25 to this Agreement. -3- AGREEMENT NO. C000063GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND BREMERTON POLICE DEPARTMENT (continued) 1 DISCLAIMER OF WARRANTIES 2 Neither the WSP nor BPD makes any representations or warranty as to the physical 3 condition or usefulness of any equipment, information, training, or other assistance 4 exchanged under this Agreement or the fitness of any particular purpose to which any 5 such equipment, information, training, or other assistance may be utilized by the recipient. 6 7 DURATION - TERMINATION 8 This Agreement shall commence upon date of final signature and shall continue 9 in effect until terminated by either party in accord with the terms hereof. This Agreement 10 or any activity thereunder may be terminated at any time with or without cause upon 11 written notice by either party to the other party specifying the effective date of 12 termination, delivered to the other party either in person or at the address first mentioned 13 above at least one year prior to the effective date of the termination unless emergency or 14 exigent circumstances require immediate termination. Notwithstanding the above, the 15 parties agree to exercise their best efforts to avoid terminating any individual activity which 16 termination would substantially hinder the other party in the fulfillment of its mission. 17 18 INDIVIDUAL CAPACITY 19 Both parties hereto, in performance of this Agreement, will be acting in their individual 20 capacities and not as agents, employees, partners, joint venturers, or associates of one 21 another. The employees or agents of one party shall not be deemed to be employees or 22 agents of the other party for any purpose whatsoever. 23 24 WAIVER 25 Waiver of any default by any party to this Agreement shall not be deemed a waiver of any 26 subsequent default. Waiver or breach of any provisions of the Agreement shall not be 27 deemed to be a waiver of any subsequent breach and shall not be construed to be a 28 modification of the terms of this Agreement, unless stated to be such by all parties in 29 writing and signed by all parties hereto. -4- AGREEMENT NO. C000063GSC INTER, AGENCY AGREEMENT BI~TWEEN THE WASHINGTON STATE PATROL AND BREMERTON POLICE DEPARTMENT (continued) 1 SEVERABILITY 2 This Agreement shall be liberally construed so as to effectuate its purposes. The 3 provisions of this Agreement shall be severable, and if any phrase, clause, sentence, or 4 provision of this Agreement is declared to be contrary to the Constitutions of the State of 5 Washington or the United States, or the applicability thereof to any government, agency, 6 person, or circumstance is held invalid, the validity of the remainder of this Agreement and 7 the applicability thereof to any government, agency, person, or circumstance shall not be 8 affected thereby. 9 10 HOLD HARMLESS AGREEMENT 11 The WSP and BPD agree to protect, indemnify, save, and hold harmless the other party, 12 their officers, agents, or employees from and against any damage, cost, or liability, 13 including reasonable attorney's fees, for all injuries to persons or property arising from acts 14 or omissions of their respective agency's employees, officers, or agents. 15 16 DISCRIIMINATION 17 The WSP and BPD agree to be bound by all federal and state laws, regulations, and policies 18 against discrimination of any kind and agree not to discriminate in employment, either 19 directly or indirectly, because of a person's age, sex, marital status, creed, color, national 20 origin, or the presence of any sensory, mental, or physical handicap, unless based upon a 21 bona fide occupational qualification. 22 23 VENUE 24 This Agreement shall be governed in all respects by the laws and statutes of the State of 25 Washington. The venue of any action hereunder shall be in the Thurston County Superior 26 Court. 27 28 ENTIRE A([IREEMENT 29 This interagency Agreement sets forth the full and entire Agreement of the parties in 30 relation to the subject matter hereof, and any other Agreement, representation, or 31 understanding, verbal or otherwise, relating to the subject matter of this Agreement is -5- AGREEMENT NO. C000063GSC INTERAQENCY AGREEMENT BETWEEN THE WA~HIHGTON STATE PATROL AND BRI;;MI;RTON POLICE DEPARTMENT (continued) 1 hereby deemed to be null and void and of no force and effect whatsoever. This Agreement 2 may be changed, modified, or amended only by written Agreement executed by both 3 parties hereto and incorporated herein, attached hereto, and made part hereof. IN WITNESS WHEREOF, the Washington State Patrol and Bremerton Police Department have executed this Agreement as of the date and year written below. Date Date APPROVED AS TO FORM: Fed. Employer ID No, Assistant Attornoy Gonerel Date Washington Stat~atrol Budget and Fiscal Date -6-* AGREEMENT NO. C000063GSC ROBERT D. FORBES, Chief of Police 239 4th Street · Brcmcrton, WA 98337 · (360) 478-$220 · FAX (360) 478-$395 RENTAL AGREEMENT (~nge - Finals T~ining) T~S ~NT~ AG~E~NT, he~ ref~ed to ~ "Agree~nt", ~de ~d ente~d hto ~n ~e CITY OF B~RTON, who~ M~ss ~ 239 Fo~ St~t, B~o~ Was~on 98337, he~er refe~ed to ~ "L~dlord", ~d W~on State Pa~o~ hero,er re~ to ~ '~t". [~thg ~er a delegation of autho~ from ~ De--em of Gener~ A~s~atio~ h accord~ee ~th RCW 43.82.010. - ~is lan~age to be ~ed with Washington State Pa~ol only] NOW, T~FO~, h co~id~mion of~e te~, conditio~ coverts ~d ~rfo~ees com~ed here~ IT IS ~LY AG~ED AS FOLLOWS: 1. 9ESC~TION OF P~MISES. The L~ord here~ le~s to ~e Te~t ~e fo~o~ de~fi~ pre,es for up to ~ (30) ~ys: ~G ~GE: Located 1/4 ~e no~ oft~ Gold Mo~t~ Go~Co~ on the Old Be~ High~y, 6581 West Old V~ey Rd. Bric,on Wa. 98312 Days of~ ~ ~ ~hed~ed t~ (30) ~ys h Mv~ ~d ~ ~ accounted on a ~st scheduled ~. 2. TE~. ~ Ag~emem s~ ~ effective ~m to M~ch 1, 1999 to Feb~ 28, 2000. 3. ~NT~TE. ~eTe~ts~payremto~eL~&ordfor~epre~at~e . foHo~g rate: Five H~d DoH~s ~d No Ceres ($500.00), ~r ye~, ~f~ ~ ~ . 4. EXPENSE~. T e~t s~ suppk a wea~, ~,io~ t~gets ~d ot~r supples ~ ~d m ~e t~ et exerc~ g · ~ 5. MA~TEN~CE AND ~PAffi. ~e ~dbrd s~ ~ess he~ s~cffi~ to ~e con~, ~ the pre~s ~ good rep~ ~d testable con~tion d~g the cont~ of ~ ~r~nt, except ~ c~ of d~e ~g ~om ~e neg~gence of the Te~t's agems or employes. For ~e p~s ofm ~t~ the pre~s, the o~er ~es ~e right, at r~omble t~s, to enter ~ ~t ~e pre~s ~d to ~e ~y n~es~ r~s to ~e bu~g. Te~t s~ cl~ up ~ g~e ~d deb~ ~er use. ~NT~ AG~E~ - 1 ~GE.AGT-~F~-2~ll~ FEB 1 9 1999 udg64 & ::' , ' lsca,- t EqualOpportuni~ Employer t C990069GS 6. TERMINATION. This agreement may be terminated by either party, without cause, by giving written notice of not less than thirty (30) days prior to the effective date of termination. Pro- rata refunds for the remaining pre-paid rental term shall be refunded to Tenant should either party initiate termination. 7. RANGE SUPERVISION. Tenant shall provide and require the presence ora qualified range officer at all times during which the Tenant's personnel are using the premises. To assure safe operations, the range officer shall have full authority and respons~ility to direct the activities of those using the range and shall halt any activity found to be unduly bsTardons. 8. HOLD HARMLESS. It is understood and agreed that this Agreemem is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or parmership is formed as a result of this Agreement. Each party hereto agrees to be responsible for its own acts or omissions, or those of its oEficers, agents, or employees, and agrees to save, indenmify, defend, and hold the other party harmless from any such liability. In the ease of negligence of both the Tenant and the Landlord, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Date: By: W~~ROL TENANT  no~ &8 TO FORM A~I~I~ANT ATTORNEY GENERAL RENTAL AGREEMENT - 2 RANGE.AGT - Agrom~t$ F~n~ - 2\11\97 ~ ~][~ ~tl [~1~ CITY OF BREMERTON DEP~ILTd~TAL APP~VAL: Rob Forbes, Chief ol~Police , ~,~~ff(D AS TO FOJ~I: RECEB/F~ FOR FILIRG: RENTAL AGREEMENT - 3 RANGE.AGT - Agreem~a Fora~ - 2\11\97 State Rental Agreement (Bm~rton) JJC / ~h Page 1 of ~.. STATE OF WASHINGTON FIRING RANGE AGREEMENT 1. This RENTAL AGREEMENT, hereinafter referred to as "Agreement", made and entered into as of the ~ day of March, ~ by and between the City_ of Bremerton Police whose address is 239 Fourth Street. Bmnmrton. Weshirmton 98337 for their heirs, executors, administrators, successors, and assigns, hereinafter celled the Landlord, and the State of Washington, Washin~on State Patrol. hereinafter called the Tenant acting' under a delegation of authority from the Department of General Administration, in accordance with RCW 43.82.010. NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 2. The Landlord hereby leases to the Tenant the following described premises: FIRE RANGE: Located % mile north of the Gold Mountain Golf Course on the Old Belfair The Landlord shall furnish the Tenant, during the use and occupancy of the premises described, under the terms of the Agreement, as part of the consideration the following: Permission to use site for firearms trainina. Washin~on State Patrol to furnish taraets and required to clean uo Dremises after each use. TERM 3. This agreement shall be effective from ~ to ~..~,~c~_~. RENTAL RATE 4. The Tenant shall pay rent to the Landlord for the premises at the following rate: FIVE HUNDRED DOLLARS AND NO. CENTS ($500.00) per year. C970031C5C State Rental ,~reement (amm[t JJC / Page 2 of 4 EXPENSES -' 5. buring the term of this Rental Agreement, Landlord shall pay all real estate taxes, all prope~ assessments, insurance, water, sewer, storm water, garbage collection, and maintenance and repair as described below, together with al! utilities, and janitor services-to includ® window washing, restroom supplies, light bulbs, etc. MAINTENANGE AND REPAIR 6.. The .Landlord shall, u,.nless herein specified to the contrary, maintain the )remises, in comphance with all applicable building codes and regulations, in good repair and tenantable condition during the continuance of. this agreement, except in case of damage arising from the negligence of the Tenant's agents or employees. For the purposes of so maintaining the premises, the owner reserves the right at reasonable times to enter and inspect the premises and to make any necessary repairs to the building. TERIIIINATION 7. This agreement may be terminated by either party giving written notice not less than thirty (30) days prior to the effective date of termination. DISCRIMINATION 8. Landlord assures and certifies that he will comply with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101-12213) as well as Washington State law against discrimination, Chapter 49.60 RCW. NO GUARANTEES 9. It is understood that no guarantees, express or implied, representations, promises or statements have been made by the Tenant unless endorsed herein in writing. And it is further understood that this Agreement shall not be valid and binding upon the State of Washington, unless same has been approved by the Director of the Department of General Administration of the State of Washington or his or her designee and approved as to form by the Office of the Attorney General. State Rental Agreement (J~.r_~J/t~t~) JJC / ~ Page 3 of 4 HAZARDOU_S SUBSTANCES 10. Landlord warrants no hazardous substance, toxic waste, or other toxic substance has been produced, disposed of, or is or has been kept onthe premises hereby leased which if found on .the property would subject the owner or user to any damages, penalty, or liability Under an applicable local, state or federal law or regulation. Landlord shall indemnify and' hold harmless the Tenant with respec~ to any and all damages, costs, attorney fees, and penalties arising from the presence of such substances on the premises, except for such substances as may be placed on the premises by the Tenant. 11. It is further understood that this agreement shall not be valid and binding upon the State Of Washington, Washinaton State Patrol unless signed by the Tenant agency's Director or Commissioner, or his/her authorized designee, and approved as to form by the Assistant Attorney General for the Tenant agency. 12. It is understood and agreed that this AGREEMENT is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership formed as a result Of this AGREEMENT. Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those Of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnifi/, defend, or hold the other party harmless from any such liabilib/. In the case of negligence of both the WASHINGTON STATE PATROL and the CITY OF BREMERTON POLICE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. State Rental Agreement Page 4 of 4 IN WrTNESS~WHEREOF, The parties hereto have subscribed their names. LANDLORD. TENANT CITY OF BREMERTON POLICE STATE OF WASHINGTON WASHINGTON STATE PATROL ~;~./~ Contracts Specialist Title: FEDERAL TAX ID NO.9..~ BY:~~~' ~G Date:. ~/'~//~;;;~' APPROVED AS TO FORM: By: Assistant ~,ttomey General l / -Budget an'~'-Fiscal Services Date: ~fl~$/~7 ~Date: ,~ ~-"~ 7 State Rental Agreement (Bremerton) JJC / wjh Page 1 of 4 STATE OF WASHINGTON STATE RENTAL AGREEMENT 1. This RENTAL AGREEMENT, hereinafter referred to as "Agreement", made and entered into as of the 1st day of March, 1995, by and between the City of Bremerton Police whose address is Fourth Street. Bremerton. Washinaton 98337 for their heirs, executors, administrators, successors, and assigns, hereinafter called the Landlord, and the State of Washington, Washinaton State Patrol, hereinafter called the Tenant acting under a delegation of authority from the Department of General Administration, in accordance with RCW 43.82.010. NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 2. The Landlord hereby leases to the Tenant the following described premises: FIRE RANGE: Located ~ mile north of the Gold Mountain Golf Course on the Old Belfair Highway. The Landlord shall furnish the Tenant, during the use and occupancy of the premises described, under the terms of the Agreement, as part of the consideration the following: Permission to us~ site for firearms training. Washington State Patrol to furnish taraets and required to clean UP premises after each use. T~RM 3. This agreement shall be effective from March 1. 1995 to February 28. 1997. RENTAL RATE 4. The Tenant shall pay rent to the Landlord for the premises at the following rate: None (S-0-) per year. State Rental Agreement (Bremerton) JJC / wjh Page 2 of 4 EXPENSES 5. During the term of this Rental Agreement, Landlord shall pay all real estate taxes, all property assessments, insurance, water, sewer, storm water, garbage collection, and maintenance and repair as described below, together with all utilities, elevator service, and janitor services--to include window washing, restroom supplies, light bulbs, etc., as set forth in Exhibiff "J" which is incorporated by reference. MAINTENANCE AND REPAIR 6. The Landlord shall, unless herein specified to the contrary, maintain the premises, in compliance with all applicable building codes and regulations, in good repair and tenantable condition during the continuance of this agreement, except in case of damage arising from the negligence of the Tenant's agents or employees. For the purposes of so maintaining the premises, the owner reserves the right at reasonable times to enter and inspect the premises and to make any necessary repairs to the building. TERMINATION 7. This agreement may be terminated by either party giving written notice not less than thirty (30) days prior to the effective date of termination. DISCRIMINATION 8. Landlord assures and certifies that he will comply with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101-12213) as well as Washington State law against discrimination, Chapter 49.60 RCW. NO GUARANTEES 9. It is understood that no guarantees, express or implied, representations, promises or statements have been made by the Tenant unless endorsed herein in writing. And it is further understood that this Agreement shall not be valid and binding upon the State of Washington, unless same has been approved by the Director of the Department of General Administration of the State of Washington or his or her designee and approved as to form by the Office of the Attorney General. State Rental Agreement (Bremerton) JJC / wjh Page 3 of 4 HAZARDOUS SUBSTANCES 10. Landlord warrants no hazardous substance, toxic waste, or other toxic substance has been produced, disposed of, or is or has been kept on the premises hereby leased which if found on the property would subject the owner or user to any damages, penalty, or liability under an applicable local, state or federal law or regulation. Landlord shall indemnify and hold harmlegs the Tenant with respect to any and all damages, costs, attorney fees, and penalties arising from the presence of such substances on the premises, except for such substances as may be placed on the premises by the Tenant. 11.. It is further understood that this agreement shall not be valid and binding upon the State Of Washington, Washinaton State Patrol unless signed by the Tenant agency's Director or Commissioner, or his/her authorized designee, and approved as to form by the Assistant Attorney General for the Tenant agency. FIRING RANGE AGREEMENT HOLD HARMLESS It is understood and agreed that this AGREEMENT is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership formed as a result of this AGREEMEN~f. Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, or hold the other party harmless from any such liability. In the case of negligence of both the WASHINGTON STATE PATROL and the CITY OF BREMERTON POLICE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. State Rental Agreement (Bremerton) JJC / wih Page 4 of 4 LANDLORD STATE OF WASHINGTON ~ldy J./~avin , Title: ~ ~ontrac~s Specialist Date: ~ f/~ Date: ~' /~- ?~ FEDERAL TAX ID NO.91-6001231 ~'~:h~".~~'~-~a_ Thoma~ A. Neff: Section Commander Date: APPROVED AS TO FORM: By: By: Assistant Attorney General Budget and Fiscal Services Date: Date: