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HomeMy WebLinkAboutUkiah Rifle and Pistol Club 2018-03-27COL tio. 111—Vo MOU # MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF UKIAH POLICE DEPARTMENT AND THE UKIAH RIFLE AND PISTOL CLUB This Memorandum of Understanding is entered into the day of , 20 by and between the CITY OF UKIAH POLICE DEPARTMENT and the Ukiah Rifle and Pistol Club (collectively "the parties"). WHEREAS, CITY OF UKIAH POLICE DEPARTMENT (UPD) requires the use of a gun range to provide shooting and skills practice to its law enforcement staff; and WHEREAS, The Ukiah Rifle and Pistol Club has a gun range and wishes to allow UPD employees to use the ranges located at 2300 Vichy Springs Road in Ukiah. NOW, THEREFORE, BASED ON THE FOREGOING RECITALS, THE PARTIES HERETO AGREE AS FOLLOWS. The terms for use of the Ukiah Rifle and Pistol Club range shall be as described in Exhibit A — Terms of Use; and The payment terms for the use of the Ukiah Rifle and Pistol Club range shall be as stated in Exhibit B — Payment Terms; and This MOU may be amended by the parties hereto, and may be canceled by either party by providing a 30 -day written notice to the other party. This MOU and the Lease between the City and the Ukiah Rifle and Pistol Club embody the entire agreement between the parties and may be amended only in writing executed by both parties; and The terms of this MOU shall be for a 5 year term, commencing on the effective date, but may be extended on the same terms and conditions for extended terms. The term shall be extended by written notice from one party to the other prior to the expiration of the current term. 1 EXHIBIT A TERMS OF USE 1. UPD agrees to: a. Provide the Ukiah Rifle and Pistol Club with its planned organized training dates of use by 15th of each December for the upcoming year. The information will include requested dates of use, the name of the range desired and the designation of half day use or full day use. Any changes to the calendar must be made 60 -days in advance of the requested change and may be considered but not guaranteed. b. Have the UPD Range Master inspect the range that will be used that day PRIOR to any use or shooting on a reserved day. If the range is deemed safe, shooting practice may occur. If the range is deemed unsafe, the UPD Range Master will IMMEDIATELY report the issues to the Ukiah Rifle and Pistol Club's Range Master. Until the issue is remedied, no use or shooting may occur on the range. If any shooting occurs prior to the resolution of the reported issues, UPD will be charged for the range use for the day. c. Clean up after use of a range. This includes sweeping up all discarded casings and unspent ammo. They must be either collected or disposed of at the end of the day. All garbage must be emptied from trash cans and placed in the dumpster. The range MUST be left clean. Violations of this rule will result in the cancelation of the MOU. d. Prohibit its personnel from shooting from 8am to one half hour prior to sunset. Anyone who violates this rule will receive a warning and will be required to complete an intro course of range use provided by the Ukiah Rifle and Pistol Club. A second offense will cancel this MOU. e. To provide proper upkeep of a storage unit on the Ukiah Rifle and Pistol Club property and to take care of any maintenance needs that the Club brings to their attention. 2 EXHIBIT A, page two TERMS OF USE 2. Ukiah Rifle and Pistol Club agrees to: a. Have its Range Master or a Range Safety Officer available during its hours of operation to address any issues as per Exhibit A, section 1.b. b. Have their ranges in good operating order and to maintain facilities. c. Continue to allow UPD to maintain a storage unit on the Ukiah Rifle and Pistol Club property. d. Ensure UPD shall have the exclusive use of a reserved range on day and time for which the range is reserved by UPD for organized departmental training. e. Indemnify and defend the UPD and any of its officers using the Gun Club for departmental training from and against any claim by any person or entity, expense, or liability arising from the deposit of lead on the property in the course of discharging weapons thereon, including all costs of any legal defense to such a claim such as the fees of attorneys, experts, consultants, investigators and litigation expenses. 3. Other: a. Cancellations of a scheduled range use day by UPD will incur the full charge for the range as calendared. b. In the event litigation arises between the parties, in connection with this MOU, each party shall be responsible for their own costs and attorney fees relating to said dispute, including any lawsuit brought by either party. c. All the provisions of this MOU shall be binding upon and inure to the benefit of the respective parties hereto, their respective heirs, administrators and assigns. ////////////////////////////////////////////////END OF EXHIBIT A///////////////////////////////////////////// 3 EXHIBIT B PAYMENT TERMS 1. The Ukiah Rifle and Pistol Club will invoice UPD annually by the end of December and will submit invoices to: UPD 300 Seminary Ave Ukiah, Ca. 95482 Attn: Chief of Police 2. The invoice will include billing for the days, times and range choice that UPD calendared for the year. 3. The fees are as follows: Range Names Description Full Day Half Day Main Pistols no less than 25 yards, rifles out to 400 yards; up to 8 shooters at a time $200 $125 Hellorado Pistol only; up to 7-10 shooters at a time $175 $100 Back Range Pistol & rifles to 100 yards; up to 3 shooters at a time $150 $ 75 4. UPD will make payment to the Ukiah Rifle and Pistol Club within 30 -days of receipt of the invoice. 5. Payments under this agreement shall not exceed $15,000 for the term of the agreement. ////////////////////////////////////////////////////END OF EXHIBIT B/////////////////////////////////////////////////////// 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF UKIAH CONTRACTOR/COMPANY NAME: UKIAH POL BY: E DEPARTMENT 3j 2©,g #--e---e ttG c 5 c,.� , NAME AND ADDRESS OF CONTRACTOR: Ukiah Rifle and Pistol Club Budgeted: 2 Budget Unit: Line Item: Yes ❑ No Dat P.O. Box 26 Ukiah, Ca. 95482 Grant: ❑ Yes No Grant No.: PH: 707-227-9416 EM: ukiahqunclubsecretary(a�gmail.com INSURANCE REVIEW: By: By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement. CITY MANAGER /PHYSICAL REVIEW: APPROVAL RECOMMENDED By:IIIP / 4 - CITY ATTORNEY REVIEW: APPROVED AS TO FORM: David Rapport City Attorn- , By: , 5