TRINITY COUNTY. Board Item Request Form Phone

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1 County Contract No Department General Services TRINITY COUNTY 6.03 Board Item Request Form Contact Tony Miller/Jo Scott Phone Requested Agenda Location County Matters Requested Board Action: Approve a Memorandum of Understanding with Weaverville Rod and Gun Club for operation and maintenance of the shooting range for five years. Fiscal Impact: No impact to the General Fund. Motion: Second Roll Call: Ayes: Nays: Tabled To: Action: Notes:

2 STAFF REPORT Subject: Approve MOU with the Weaverville Rod and Gun Club (WRGC) Date: May 19, 2015 ISSUE: Should the Board approve the MOU with the Weaverville Rod and Gun Club? The WRGC has been instrumental in the implementation, development and management of the Junction City Shooting Range since its establishment in Utilizing volunteer members and the community the club continues to manage maintain and invest in equipment conservatively estimated at over $55,000. This management has made the shooting range a safe and available resource to the public and many state and local law enforcement agencies to train. It has also helped promote education to local youth which is a priority of the Weaverville Rod and Gun Club. The WRGC is asking the board to approve the MOU allowing them to continue managing the range and complete the proposed expansion project. The proposed project will expand the current rifle range from the existing 100 meters to 200 meters. The county would assist the WRGC in conjunction with BLM, the property owner, in developing the project and needed processes. The WRGC will continue to manage and provide operational oversight of the range at no cost to the county. Any improvements or associated cost of the improvements including project development will be the responsibility of the WRGC. ALTERNATIVES INCLUDING FINANCIAL IMPLICATION: 1) Approve the MOU as submitted. 2) Make modifications to the MOU and direct staff to take modifications back to the Weaverville Rod and Gun Club. 3) Deny the MOU. RECOMMENDATION: It is the staff s recommendation that the Board approve the MOU with the Weaverville Rod and Gun Club for continued management and expansion of the Junction City Rifle Range. Tony Miller Facilities Operation Superintendent CAO RECOMMENDATION: Concur: Yes No Comments:

3 MOU BETWEEN THE COUNTY OF TRINITY AND THE WEAVERVILLE ROD AND GUN CLUB This is made and entered into this 8 th day of April, 2015.between the County of Trinity, a political subdivision of the State of California (COUNTY), and the Weaverville Rod and Gun Club (WRGC). PREAMBLE WHEREAS, the County is the lessee of certain real property in Trinity County, California, more particularly described as. T33N, R10W, M.D.M., Section 7, Lots 6, 7, and the NE, which comprise about acres. WHERAS, the WRGC operates the range under an MOU which expired in 2012 but has continued to operations under the same terms and conditions since that time. WHEREAS, the County holds said property for use as a shooting range Exhibit A; and WHEREAS, WRGC desires to continue to provide donated maintenance services at the range; and WRGC desire to expand existing 100 meter rage to 200 meters as shown on exhibit B. WHEREAS, the parties desire to define their respective authority and responsibilities in conducting activities at the WRGC Shooting Range; NOW, THEREFORE, the parties agree as follows: 1. DUTIES AND RESPONSIBILITIES OF THE COUNTY: A. Except as otherwise specifically provided in this agreement, County shall have sole authority to manage the facilities at the shooting range, including but not limited to, establishing and enforcing insurance, bonding or deposit requirements.

4 B. County shall credit the WRGC organization for donated time by permitting WRGC to use the above described property for official organized activities of the gun club. Permission granted under this agreement is personal to WRGC and may not be assigned. C. County may provide public access during the hours of WRGC use in addition to other hours as determined by the County. D. County may open and close the gate to the range to provide public access outside of the WRGC hours of operation. E. County shall work with WRGC to obtain all necessary approvals for the desired expansion of the 100 meter to 200 meter range. 2. DUTIES AND RESPONSIBILITIES OF WRGC: A. WRGC and its members and guests shall comply with all Federal, State, County law, ordinances and local laws and regulations while on the above-described property, and shall comply with all terms of agreements between the Bureau of Land Management (BLM) and the County of Trinity relating to the use of the property. All rights under this agreement shall be subject to the rights granted by the Bureau of Land Management to the County of Trinity. B. Use by WRGC shall be limited to its members or guests and shall in no case extend to persons not insured by WRGC as required under the provisions of this agreement. However, the County may also permit public use during WRGC hours of operation as well as other times at the County's discretion. C. WRGC, its members or guests, shall not possess, sell, furnish or distribute alcoholic beverages on the property, nor shall they be intoxicated or have used any alcohol within twelve (12) hours before using the facility subject to this agreement. D. WRGC shall not make any changes or improvements to the property described herein except upon prior written approval of the County. Upon termination of this agreement as provided herein, WRGC shall have the right to remove any such improvements

5 made during the term of the agreement. E. Prior to May 31st of each year WRGC shall ensure brush and grasses are removed from the area surrounding the immediate shooting range not exceeding outside the acres unless given written approval by county. WRGC shall facilitate inspection of the range for fire safety by an agency such as the California Department of Forestry and Fire Protection (Cal Fire). The shooting range shall be kept and maintained in a neat condition by WRGC at all times. F. WRGC shall open and close the gate to the range in accordance with their hours of operation. G. WRGC shall pay all cost associated with obtaining all necessary approvals for the expansion of the 100 meter to 200 meter rifle range. 3. TERM OF AGREEMENT: This Agreement shall commence on April 8 th, 2015 and shall terminate on June 30, TERMINATION: The WRGC may cancel this agreement without cause upon 180 days written notice to County. County may cancel the agreement for noncompliance or breach upon 30 days written notice. All rights under this agreement shall automatically terminate upon termination of the rights granted by the BLM to the County of Trinity. 5. HOURS OF OPERATION: WRGC shall be responsible for operation of the range during the following times: Saturday and Sunday from 8:00 A.M. to 5:00 P.M. and, during daylight savings time, Wednesday from 8:Q0.A.M. to 8:00 P.M. During times of extreme fire danger, as determined by the BLM, hours of operation shall be restricted to 9:00 A.M. to 12:00 PM (noon), and during times of very extreme fire danger hours shall be by use permit only. When required, use permits shall be obtained from the Trinity County Building and Development Service Department.

6 6. RANGE RULES: The WRGC Shooting Range Rules, which are consistent with NRA standards, are attached hereto as Exhibit C and incorporated herein by reference. 7. MUTUAL INDEMNIFICATION: Each party shall defend, hold harmless, and indemnify the other party and its officers, officials, employees, volunteers and agents, from all claims and demands for death, personal injury, or property damage occurring to anyone from any cause arising out of or incident to the use of the premises. 8. INSURANCE: WRGC shall carry commercial general liability (CGL) insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate to cover members, invited guests, and members of the public participating in activities under WRGC control and supervision. If WRGC maintains higher limits than the minimums shown above, The County requires and shall be entitled to coverage for the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. For any claims related to this contract, the WRGC s insurance coverage shall be primary insurance as respects to the County, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees or volunteers shall be excess of the WRGC s insurance and shall not contribute with it. The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of WRGC. The insurer shall supply a Certificate of Insurance and endorsements signed by the insurer evidencing such insurance to County within 10 days of the execution of this agreement.

7 Said certificate and endorsement shall provide for 30 day advance notice to County of any termination or reduction in coverage. The Certificate Holder and Additional Insured should read as follows: Trinity County P.O. Box 1613 Weaverville, CA ADDRESS FOR NOTICE: All notices, demands, requests or other communication required or permitted to be given hereunder ("Notices") shall be in writing and sent by First Class United States Mail, postage prepaid to the following address: Weaverville Rod and Gun Club Trinity County PO Box 729 PO Box 1613 Weaverville, CA Weaverville, CA AMENDMENT: Provisions of this Agreement may not be modified, except by a written instrument signed by both parties. 11. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. 12. AUTHORITY: The parties represent and warrant that they have full power and authority to execute and fully perform their obligations under this agreement pursuant to their governing instruments, without the need for any further action, and that the person(s) executing this Agreement on behalf of each party are the duly designated agents of each party and are authorized to do so.

8 13. JURISDICTION AND VENUE: This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Trinity County, California. 14. PARTIAL INVALIDITY: If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law. 15. BINDING ON SUCCESSORS: This Agreement shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided herein. 16. NO WAIVER: No provision of this Agreement or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. COUNTY OF TRINITY By: By: WEAVERVILLE ROD AND GUN Name: Judy Morris Name: Title: Chairman, Board of Supervisors Title:

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