3. Award Contract - Shooting RangeCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
TO: Doug Russell, City Manager--
FROM: Roger Nasset, Chief of Police
SUBJECT: Award Contract - Shooting Range Partnership
MEETING DATE: November 19, 2012
BACKGROUND: In 2008, the City of Kalispell convened a steering committee of private
citizens and local, state, and federal law enforcement to research the need for an indoor public
safety training facility in the Flathead Valley. The group concluded that there was a need for a
multi -disciplinary public safety training facility that would partner with the public and firearms
safety organizations such as Hunter Safety. The rationale behind this thought was threefold: 1)
the current outdoor range provided only basic, albeit important, training opportunities, 2) there
has been a concern about access to this range in the future, and 3) there is a need to provide
simulated training to improve critical -thinking and decision -making by officers.
The culmination of our research led to the City of Kalispell's submittal of a FY2009
Appropriations Request to purchase land, build a structure, purchase a driving and shooting
simulator, and supply the equipment for a live fire private/ public range inside the structure at an
estimated cost of $5.5 million dollars. In September of 2009, we were awarded a Technology
Grant in the amount of $750,000.00 to purchase the internal technology components of a firing
range, shooting simulator, and driving simulator.
With the award of $750,000.00 we shifted our focus to finding a private party that was willing to
enter into an agreement that would allow the City of Kalispell to outfit the building on their
property with the technology purchased through the grant. In July, 2012, the City of Kalispell
published a Request for Proposal for a "Public/Private Shooting Range Partnership". After
successfully completing and fulfilling the RFP process, the lone applicant Bob Hughes, owner of
Northwest Shooter, was selected by the committee as a very suitable partner.
Bob Hughes currently owns and operates Northwest Shooter, located at 32 Western Village (two
miles North of Glacier National Airport on Hwy. 2) in Columbia Falls. Northwest Shooter is a
commercially operated shooting range which also sells retail shooting supplies and handguns.
Northwest Shooter opened in September of 2011 and since that time has registered more than
2000 shooters, exceeding their expectations. They offer multiple instructional courses for
firearm and personal safety training. The current range is a 25 yard static firing lane
configuration and is limited to handguns. The current facility meets and exceeds all federal air
quality standards.
Within the partnership agreement, Northwest Shooter has agreed to supply the land on which
they will construct a 50 yard tactical live fire range. This range will meet specifications
sufficient to handle pistol and rifle shooting. The range will have an overhead garage door
access that will make vehicle training possible and 24/7 access for law enforcement if a trainer is
available. Within Northwest Shooter's existing building they will provide space for a Shooting
Simulator to be purchased with the grant.
This range built with grant funding will be available for public use, as is the existing range, and
will provide a benefit to Northwest Shooter as well as Public Safety.
We are working toward establishing an advisory team comprised of representatives from local
and regional law enforcement agencies to assist in establishing e, operational procedure and
I
protocols. A representative from the City of Kalispell will chair this committee.
RECOMMENDATION: Council authorize the City Manager to sign the attached agreement
with Northwest Shooter for the shooting range partnership.
Respectively submitted,
RZogleNLasset . 44
Chief of Police
;I!����,
THIS AGREEMENT is entered into this _. day of November, 2012, between the City
of Kalispell with its business office at 201 First Avenue East, Kalispell, Montana 59901 and
hereafter referred to as "CITY" and and Robert Hughes and Jeff Hughes, doing business as
Hughes Boys LLC, and Jeff Hughes, doing business as Northwest Shooter, located and doing
business at 32 Western Village Lane, Columbia Falls, Montana and hereafter referred to as
"CONTRACTOR".
WHEREAS, CITY is the Grantee of a grant from the U.S. Department of Justice in the
amount of $750,000 which purpose is to provide firearms training in a
shooting range environment for law enforcement. A copy of said grant is
attached to this Agreement as Exhibit A; and
WHEREAS, pursuant to said grant, CITY intends to purchase specialized shooting range
equipment to be placed in a privately held and managed shooting range to be
made available for use by CITY law enforcement personnel as well as other
law enforcement agencies; and
WHEREAS, CONTRACTOR is the owner and operator of an indoor shooting range facility
located at the address stated above and desires to construct and install the
equipment and assets necessary to meet the specifications of the CITY and the
grant documents; and
WHEREAS, CITY duly noticed and advertised a request for qualifications for the services
described above and CONTRACTOR was selected by CITY based upon its
stated qualifications to provide the specified services.
NOW THEREFORE, the parties agree as follows:
1. Purpose. The purpose of this Agreement is to define the public -private
partnership between CITY and CONTRACTOR regarding the planning, development,
operation and maintenance of a live fire tactical shooting range for law enforcement training.
Both parties are committed to the development of the shooting range facilities that will be
housed on the current shooting range grounds located at 32 Western Village Lane, Columbia
Falls, Montana and that will contain the technology components for a live fire shooting range
and provide space for a force on force law enforcement training shooting simulator. In an
effort to accomplish these objectives, the parties agree to work toward this common goal in a
manner that permits a quality shooting range development while recognizing the
responsibilities of each party.
2. Term. This Agreement shall be effective the day and year first above written, and
shall continue through a period of ten (10) years, unless sooner terminated.
3. Funding and Grant Commitments and 0Nations. CITY will provide the
sum of SEVEN HUNDRED AND FIFTY THOUSAND ($750,000) DOLLARS to the project
received from grant funds issued by the U.S. Department of Justice COPS Technology
Program Grant 2009CKWX0478 for the purposes set forth in the grant documents attached
hereto. Both parties acknowledge reading the grant documents and having a complete
understanding of the requirements of the grant and hereby agree that each shall strictly adhere
to all such requirements of the grant.
4. Ownership, Ownership
p of the shooting simulator and any other components
purchased through the grant funding that are not considered fixtures (permanently affixed to
the structure) shall remain in the ownership of CITY and may be removed by CITY upon
termination of the Agreement. Upon termination CONTRACTOR shall have the option to
purchase said property at an agreed upon depreciated price.
5. RtevyeEIMMent Responsibilities. The CONTRACTOR shall provide the
necessary secure space at the address stated above to facilitate a multiple lane 50 yard tactical
indoor shooting range or range of similar specifications (as agreed upon by CITY) and
provide within this secure space housing for a shooting simulator of the size of at least 24' X
24' with a minimum ceiling height of 9'6", utilizing the grant funding as described above.
This facility shall be fully constructed and available for use by CITY on or before the 1st day
of September, 2013. CONTRACTOR agrees it will maintain liability insurance covering its
construction activities which names CITY as an additional named insured. Coverage amounts
will not be less than $1.5 million per occurrence or less than $3 million per aggregate.
Contractors performing development activities at the complex at the request of
CONTRACTOR must also maintain general liability insurance coverage consistent with
CITY'S normal requirements, as well as workers compensation coverage on its employees
consistent with State law. Representatives of CITY and CONTRACTOR will meet regularly
for the purpose of conferring about the construction and this Agreement.
6. Maintenance and Repair Responsibilities. Improvements at the shooting
range, including the improvements purchased with the grant funding, are to be maintained in
new condition, less reasonable wear and tear. It is the intent of the parties that the
improvements not deteriorate through misuse or lack of attention, maintenance, or repair.
CONTRACTOR is responsible for the maintenance and repair activities of the
shooting range facility. CITY, as owner of certain components, agrees to cooperate with
CONTRACTOR in matters of warranty demands.
7. Management and ®aeration of Sho2jjgg,i2an�e Facility. CONTRACTOR
shall manage and operate the shooting range facility, providing all of the services necessary to
meet the grant requirements.
USE AGREEMENT FOR SHOOTING RANGE
C'IYY *T SN't*T: A
PAGE - 2 1
a. Public Use. CONTRACTOR shall maintain regular business hours, six
days a week, for its retail sales and indoor pistol range. The store and
range shall be staffed with knowledgeable firearms people. Range
personnel shall be certified firearms instructors. Public education in the
safe use of firearms is a particular focus as instructional courses shall be
offered regularly. In the new tactical facility, safety and use of firearms
training will be expanded to include rifles and shotguns.
b. Law Enforcement Use. Both the live fire tactical range and the use -of -
force simulator will be available to law enforcement personnel 24/7 via
secure electronic access. Reservation scheduling in 4-hour time blocks
will be made on a private secure web -based scheduling system. Law
enforcement use will be the scheduling priority on a departmental first
come, first served basis. The tactical range will be closed to the public
when scheduled by law enforcement.
c. CONTRACTOR will be the operator of the tactical range and simulator.
Accordingly no costs will accrue to CITY for operations, maintenance,
repairs, or personnel.
8. User fees. The annual user fee for the CITY will be $50 per officer.
CONTRACTOR may establish fees to be paid to it by all other users.
9. Indemnification. CONTRACTOR, and its successors and assigns, undertake
to indemnify CITY, and its officers and agents, from any liability, loss or damage CITY may
suffer as a result of any claims, demands, costs or judgments against it arising from the
activities of the Shooting Range that are not the result of negligent, reckless or intentional acts
of the CITY or its agents. CONTRACTOR, and its successors and assigns, agree to defend
against any and all claims brought or actions filed against CITY, or its officers and agents,
with respect to the subject of the indemnity contained herein, whether the claims or actions
are rightfully or wrongfully brought or filed. In case a claim should be brought or an action
filed with respect to the subject of the indemnity herein, CONTRACTOR agrees that CITY
may employ attorneys of its own selection to appear and defend the claim or action on behalf
of CITY, at the expense of CONTRACTOR. CITY, at its option, shall have the sole authority
for the direction of the defense and shall be the sole judge of the acceptability of any
compromise or settlement of any claims or actions against CITY.
10. Insurance Coverage. CONTRACTOR shall, during the term of this
agreement, maintain liability insurance coverage. The insurance policy must, unless not
available from the insured, name the CITY as an additional insured and be written on a
"primary —noncontributory basis." The coverage shall be obtained from an insurance
that is duly licensed and authorized to transact insurance business and write insurance within
the state of Montana, with a minimum of "A.M. Best Rating" of A-, III, as will protect the
CONTRACTOR, the various acts of subcontractors, the CITY and its officers, employees,
agents, and representatives from claims for bodily injury and/or property damage which may
arise from operations and completed operations under this Agreement. All insurance
shall remain in effect throughout the life of this Agreement. All insurance policies must
contain a provision or endorsement that the coverage afforded will not be canceled, materially
changed, or renewal refused until at least forty-five (45) days prior written notice has been
given to CONTRACTOR, CITY, and all other additional insured to whom a certificate of
insurance has been issued. The Commercial General Liability policy shall not be for less than
$1.5 million per occurrence and not less than $3 million aggregate. A Workers Compensation
policy shall be in effect of not less than the statutory requirements.
a. If CONTRACTOR fails to perform any of its obligations under this
Agreement or otherwise breaches any terms or conditions of this Agreement, the
CITY may, by written notice, terminate this Agreement THIRTY (30) days thereafter.
The CITY may then take possession of such materials, appliances, and equipment as
may be on the site that was acquired with grant funds and owned by the CITY as set
forth in paragraph 4 of this Agreement.
. In the event of a termination pursuant to this Section 11,
CONTRACTOR shall be entitled to payment only for those services CONTRACTOR
actually rendered.
C. Any termination provided for by this Section l I shall be in addition to
any other remedies to which the CITY may be entitled under the law or at equity.
d. In the event of termination under this Section 11, CONTRACTOR
shall, under no circumstances, be entitled to claim or recover consequential, special,
punitive, lost business opportunity, lost productivity, field office overhead, general
conditions costs, or lost profits damages of any nature arising, or claimed to have
arisen, as a result of the termination.
12. Limitation on Contractor's Damages-, Time for Asserting Claim:
a. In the event of a claim for damages by CONTRACTOR under this
Agreement, CONTRACTOR's damages shall be limited to contract damages and
CONTRACTOR hereby expressly waives any right to claim or recover consequential,
special, punitive, lost business opportunity, lost productivity, field office overhead,
general conditions costs, or lost profits damages of any nature or kind.
b. In the event CONTRACTOR wants to assert a claim for damages of
kind or nature, CONTRACTOR shall provide CITY with written notice of its claim,
facts and circumstances surrounding and giving rise to the claim, and the total amount
of damages sought by the claim, within ten (10) days of the facts and circumstances
PAGE
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giving rise to the claim. In the event CONTRACTOR fails to provide such notice,
CONTRACTOR shall waive all rights to assert such claim.
13. Laws and Regulations. CONTRACTOR shall comply fully with all
applicable state and federal laws, regulations, and municipal ordinances including, but not
limited to, all workers' compensation laws, all environmental laws including, but not limited
to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act
(OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50,
Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the
Americans with Disabilities Act, and all non-discrimination, affirmative action, and
utilization of minority and small business statutes and regulations.
14. Non-discrimination in irin . All hiring by CONTRACTOR and
subcontractors of persons performing work for CONTRACTOR will be on the basis of merit
and qualification and will not discriminate on the basis of race, color, religion, creed, political
ideas, sex, age, marital status, physical or mental disability, or national origin.
a® Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior -
level personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
e If the parties are unable to resolve the dispute within thirty (30) days
from the date the dispute was first raised, then such dispute shall be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
16. Survival. CONTRACTOR's indemnification and warranty obligations shall
survive the termination or expiration of this Agreement for the maximum period allowed
under applicable law.
17. Headings. The headings used in this Agreement are for convenience only and
are not be construed as a part of the Agreement or as a limitation on the scope of the
particular paragraphs to which they refer.
18. Waiver. A waiver by CITY of any default or breach by CONTRACTOR of
any covenants, terms, or conditions of this Agreement does not limit CITY's right to enforce
such covenants, terms, or conditions or to pursue CITY's rights in the event of any
subsequent default or breach.
19. Severability. If any portion of this Agreement is held to be void or
unenforceable, the balance thereof shall continue in effect.
USE AGREEMENT OR SHOOTING
�° �• �,1,
20. A licable Law. The parties agree that this Agreement is governed in all
respects by the laws of the State of Montana and the parties expressly agree that venue will be
in Flathead County, Montana, and no other venue.
21. Binding Effect. This Agreement is binding upon and inures to the benefit of
the heirs, legal representatives, successors, and assigns of the parties.
22. Amendments. This Agreement may not be modified, amended, or changed in
any respect except by a written document signed by all parties.
23. No Third-_Party,Beneficiary. This Agreement is for the exclusive benefit of
the parties, does not constitute a third -party beneficiary agreement, and may not be relied
upon or enforced by a third party.
24. CounteLpgrts. This Agreement may be executed in counterparts, which
together constitute one instrument.
25. Assignment. CONTRACTOR may not assign this Agreement in whole or in
part without the prior written consent of the CITY. No assignment will relieve
CONTRACTOR of its responsibility for the performance of the Agreement.
26. Authority. Each party represents that it has full power and authority to enter
into and perform this Agreement and the person signing this Agreement on behalf of each
party has been properly authorized and empowered to sign this Agreement.
27. Independent Contractor. The parties agree and acknowledge that in the
performance of this Agreement, CONTRACTOR shall render services as an independent
contractor and not as the agent, representative, subcontractor, or employee of the CITY. The
parties further agree that all individuals and companies retained by CONTRACTOR at all
times will be considered the agents, employees, or independent contractors of
CONTRACTOR and at no time will they be the employees, agents, or representatives of the
CITY.
28. Agreement Documents: CONTRACTOR shall abide by the terms and
conditions of this Agreement and all Exhibits attached hereto, which Exhibits consist of the
following documents and are incorporated herein by this reference:
Exhibit A:
FY2009 Appropriations Request Form
Exhibit B:
Appropriations Award Letter dated September 21, 2009
Exhibit C:
Grant Award Document Technology Program Grant Terms/Conditions
Exhibit D:
Extension Approval Dated January 19, 2012
Exhibit E:
2009 COPS Technology Program Grant Owner's Manual
Exhibit F:
Grant Modification Request, Approval and Worksheets
A
A W
29. ion: This Agreement and all Exhibits attached hereto constitute the
entire agreement of the parties. Covenants or representations not contained therein or made a
part thereof by reference, are not binding upon the parties. There are no understandings
between the parties other than as set forth in this Agreement. All communications, either
verbal or written, made prior to the date of this Agreement are hereby abrogated and
unless specifically made a part of this Agreement by reference.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
Attest:
Theresa White
City Clerk
rRINWITA� AUBM F. =
Doug Russell, City Manager
Jeff Hughes
Robert Hughes
Jeff Hughes
CITI'Ot��-j&ALINFELL-fj&fGt'AES-flOH'I'A� VNI'St
71 V14TER
PAGE - 7
STATE OF MONTANA
):ss
County of Flathead
On this day of November, 2012, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared JEFF HUGHES and ROBERT HUGHES, in
their managing member capacities in HUGHES BOYS, LLC and JEFF HUGHES as
Principal of NORTHWEST SHOOTER and each executed the foregoing instrument as a
free and voluntary act for the uses and purposes therein set forth and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year in this certificate first above written.
Printed Name:
Notary Public, State of Montana
Residing at
My Commission Expires
STATE OF MONTANA
):ss
County of Flathead
On this day of November, 2012, before me, a Notary Public in and for the State
of Montana, personally appeared DOUG RUSSELL, known to me to be the City Manager of
the CITY OF KALISPELL, a municipality, that executed the within instrument, and -
acknowledged that such City Manager subscribed, sealed and delivered said instrument as the
free and voluntary act of said municipality, for the uses and purposes therein set forth, and
that he was duly authorized to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
Printed Name:
Notary Public, State of Montana
Residing at
My Commission Expires