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HomeMy WebLinkAboutR-2025-079 Range Use Agreement with Mill Creek Rifle Club, Inc. RESOLUTION NO. R-2025-079 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RANGE USE AGREEMENT WITH MILL CREEK RIFLE CLUB, INC., FOR USE OF RANGE FACILITIES FOR LAW ENFORCEMENT TRAINING PURPOSES. WHEREAS, the City of Riverside, Missouri ("City") desires to secure access to qualified firearms training facilities for use by its law enforcement personnel; and WHEREAS, Mill Creek Rifle Club, Inc. ("Club"), a not-for-profit corporation, owns and operates a shooting range facility located at 7215 Gardner Road,De Soto,Kansas, suitable for law enforcement training; and WHEREAS, the Club has agreed to allow the Riverside Police Department to use designated portions of its facilities for scheduled training under the terms and conditions set forth in the Range Use Agreement and Addendum; and WHEREAS,the City finds it in the best interests of public safety and the effective operation of its Police Department to approve the Range Use Agreement, NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of Riverside, Missouri, as follows: THAT the Board of Aldermen hereby approves the Range Use Agreement and Addendum between the City of Riverside and Mill Creek Rifle Club, Inc., substantially in the form attached hereto,and that the Mayor is hereby authorized to execute the same and any related documents on behalf of the City; and FURTHER THAT the Mayor,the City Administrator,and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen of the Cty of Riverside, Missouri, the 3rd day of June 2025. Mayor Kathleen L. Rose ATTEST: Robin Kincaid, City Clerk Mill Creek Rifle Club Range Use Agreement - Law Enforcement This agreement is made and entered into this 3 day of Ju-el 6 ,2025, by and between (Riverside Police Department) herein referred to as the"Agency," and The Mill Creek Rifle Club, Inc., a not-for profit corporation, hereinafter referred to as the"Club," each party having been duly organized and now existing under the laws of Kansas or Missouri. WITNESSETH: WHEREAS, the Club is the owner of certain land and shooting facilities located at 7215 Gardner Rd., De Soto, KS 66018 in Johnson County,Kansas, hereinafter referred to as the"Facilities" and commonly known as Mill Creek Rifle Club,a not-for-profit 501(c)(7)organization; and, WHEREAS, the Agency desires to use a portion of the Facilities as a shooting range for scheduled training and practice; and, WHEREAS, the Club is agreeable to allowing the Agency to use a portion of the Facilities for the above stated purpose, subject to the terms and conditions set forth in this agreement. The parties agree as follows: 1. Facilities,The Club agrees to make available for use by the Agency that portion of the Facilities identified as LEI on the diagram attached as Exhibit A to this agreement and incorporated herein by reference. The club also agrees to make available the High Power Range for use by the Agency subject to the terms and conditions set forth below. 2. Term.,The term of this Agreement shall be for one year, commencing(March 20th), 2025, and ending December 31, 2025. The parties agree that either party may unilaterally terminate this agreement after giving 90 days prior written notice,with or without cause. This contract may be subject to revision on the yearly anniversary date of this agreement at the request of either party. The parties further agree that this Agreement shall automatically renew each year without action by either party. 3. Agpncy Budgeted Funds,Notwithstanding the foregoing or any other language contained in this Agreement, the Agency is obligated to pay monthly as may lawfully be made from funds budgeted and approved for the purpose.The Agency agrees to notify the Club at the earliest possible time of the non-availability of funds from which to make these payments. If funds become unavailable,this Agreement is null and void. 4. Time of Facilities and Night Shooting.The Agency shall have use of Police Ranges Monday through Friday from 7 AM to 5 PM. The Agency may enter the Facilities to prepare and set up before 7 AM, but not prior to 6:00 AM. No live fire training shall start until 7 Alvl. Agencies will be responsible for coordinating range use on ranges used by multiple agencies. Dates for night shooting must be approved by the Club and scheduled by an Agency point of contact (POC) to be included on the Club calendar. The POC will contact the Club Range Officer (RO)and those dates will be added to the member calendar to prevent scheduling conflicts. All night shooting must be completed by 10:00 PM. 5. Sambaing. Agency agrees to provide to the Club a monthly schedule of intended use. Such schedule can be provided at the start of each calendar year or monthly, fourteen days prior to the start of each month in which Agency intends to use the facility. Prior notification must be given to the Club RO of any schedule changes. 6. sigh Power Range(HPR).The HPR will be reserved for various agencies each Tuesday beginning at 8:00 AM and ending at 4:30 PM.If the HPR is not being used by law enforcement, it will be available to Club members.The HPR is for rifle training only. Steel targets are not permitted on the HPR. The 100-, 200-, or 300-yards firing lines may be used. Firing from any distance or location farther than the 300-yard firing line is prohibited. 7. Member Use. It Is understood and agreed to by the parties that when the LE ranges or HPR are not scheduled for use, or are scheduled but not used, such ranges shall be available for use by Club members 8. Permission For Use of Property.It is also understood and agreed that the Agency is not allowed to grant permission to other LE agencies or any other person or entity for use of any club facilities; such permission can only be granted by the Club. 9. Fees. During the term of this agreement, the Agency agrees to pay the Club the sum of$200 per day. Payment will be made monthly. By agreement of parties, fee changes may be renegotiated at any time based on increased cost of maintenance and other operational changes. 10. Rangy Safety Rules and Steel Target Use Rules.Except for safety rules 1, 2, 3, 8,and 10,the Agency shall abide by all Club safety rules, including the steel target use rules, which are incorporated herein by reference and attached hereto as Exhibits Band C. The Club will provide copies of the Club safety rules and steel use rules to the Agency training coordinator. Agency agrees to provide to all officers and employees who use the facilities copies of the Club safety rules and steel use rules. Any deviation from the rules stated in Exhibits B and C shall require a written variance received from the Club Board of Directors or Safety Director. Agency also agrees to provide to the Club Safety Director any steel target use protocols developed by the Agency for use at the Facilities. 11. Targets. The Agency shall be responsible for providing targets and target backers for Agency use. Targets used by the Agency shall be positioned so that bullets pass through the targets into the midpoint of the berms. If the Agency has the need to use targets other than the types specified in the Mill Creek Rifle Club Range Rules or steel target use rules, such use shall be requested at least 30 days prior to the intended use and shall require written approval from the Club Safety Director. Shooting at vehicles so as to intentionally cause damage to such vehicles is only allowed following written permission from the Club Board of Directors. 12. Clean Up The Agency shall be responsible for timely clean up and removal of used targets, shotgun hulls,and other debris at the conclusion of each day's shooting. Empty brass may be left on the range for pick-up by club members at the discretion of the Agency. 13. Maintenance,The Club will provide maintenance,to include mowing,tree trimming, and impact area repairs; portable toilets; electrical service; portable office structures; and target frames. 14. Access, Effective January 1, 2023,the former Law Enforcement Gate(marked on the property map attached hereto as Exhibit A)will be permanently closed,and Agency will access the Facilities property solely through the Membership Gate(also marked on Exhibit A).Access will be per the following terms and conditions: a. Prior to January 1,2023,the Club will provide Agency with electronic key cards that open the membership gate. b. Such cards will be issued specifically to individual named training officers employed by the Agency. Assignment of such cards to such individuals will not confer any membership privileges to that individual or the Agency. c. The number of issued cards will be determined on an as-needed basis. d. Such cards will be paid for by the Club and will remain the property of the Club for the duration of any contractual relationship between the parties. Upon the termination of any such contractual relationship the cards will be returned to the Club immediately. e. Agency agrees that the loaning of such cards to other agencies or to persons not the assigned named training officer is strictly prohibited. f. The Club agrees to install and maintain at its expense an electronic card reader near the current LE training ranges so that the membership gate can be opened from that location. g. Agency agrees to notify the Club immediately in the event any keycard is lost or stolen. 15. Alteration to Property The Agency shall not make or cause any alterations,additions,or improvements to Facilities without prior written consent of the Club. Any alterations,additions, or improvements so made shall become part of the realty and belong to the Club upon their installation. 16. insurance.The Agency shall maintain appropriate liability insurance, including workers compensation insurance,to cover Agency personnel using any Club facility and shall provide the Club with evidence of such coverage.The Club shall maintain appropriate liability insurance to cover design or conditions of the premises and shall provide the Agency with evidence of such coverage. 17. indemnity and Kansas Tort Claims Acts To the extent permitted by law, and subject to the protections,limitations, or immunities afforded to the Agency by the Kansas Tort Claims Act,if agency is covered by such Act,the Agency agrees to indemnity, protect, save,and hold the Club ana its officers, al rectors, employees, ana members harmless from and against any and all loss, damage, expense, and/or liability for injury or death of persons(collectively "claims")and/or loss, damage to, or destruction of property belonging to the Club(collectively "claims")where such claims result from or arise out of the negligence, recklessness, or willful misconduct of the Agency, its officers, or employees. 18. Changes to Agreement, This agreement shall not be altered, amended, changed, or otherwise modified except in writing signed by both parties hereto • 19. liming. Any notices, bills, payments, or correspondence required or permitted under this agreement shall be made in writing and delivered personally or by United States mail postage prepaid to the following address: M.C.R.C., P.O. BOX 860036, Shawnee, KS 66286-0036. 20. force Majeure,In the event the Facility is destroyed by fire,flood or other casualty or Act of God, and is rendered unusable, this agreement shall be terminated, and all future training cancelled. 21. Choice of Law,This agreement shall be governed by and construed and enforced in accordance with laws of the State of Kansas. 22. Severability,All agreements,covenants,and clauses contained herein are severable,and in the event that any of them shall be deemed or held to be unconstitutional,invalid, or unenforceable,the remainder of this agreement shall be interpreted as if such unconstitutional, invalid, or unenforceable agreements, clauses, and covenants were not contained herein. 23. Complete Agreement,"This agreement between the Agency and Club represents the entire agreement between the Agency and the Club and supersedes all prior understandings and promises, oral or written, by the parties pertaining to or in connection with this agreement. 24. Contact Informatiol,For questions, please contact the Club Range Officer Jennifer Gibson at rangeofficer@millcreekrc.org or 913-485-5202 or call or contact Mike Borkon- President MCRC at president@millcreekrc.org. The Agency POC is Detective Sergeant Doug VanLeeuwen, 816-372-9141, dvanleeuwen@riversidemo.gov. ADDENDUM TO RANGE USE AGREEMENT This Addendum is made by and between Mill Creek Rifle Club, Inc.,a Kansas not-for-profit corporation ("Club"),and City of Riverside,Missouri("Agency"). WHEREAS,the Club and the Agency have entered into a Range Use Agreement for the Agency's use of the Club's facilities located in De Soto, Kansas;and WHEREAS,the parties wish to clarify certain provisions of the Agreement to address the Agency's legal status and applicable immunities under Missouri law; NOW,THEREFORE, in consideration of the mutual promises contained herein,the parties agree as follows: 1. Notwithstanding any provision in the Agreement to the contrary,nothing in the Agreement. including but not limited to Section 17 (Indemnity and Kansas Tort Claims Act). shall be construed as a waiver of any immunities, defenses, or limitations of liability afforded to the Agency by Missouri law. including but not limited to sovereign immunity under Sections 537.600 to 537.650. RSMo. or any other applicable Missouri statutes or common law doctrines. 2. The choice of Kansas law in Section 21 of the Agreement shall apply solely to the interpretation and enforcement of the Agreement as it pertains to activities occurring on the Club's property located in Kansas. This provision does not expand the jurisdiction of Kansas law over the Agency's internal operations. 3. Except as expressly modified by this Addendum. all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WI IEREOF,the parties hereto have executed this Addendum h\ their duly authoriicd representatives as of the date last ooritten below. In witness hereof the parties hereto have caused this agreement to he executed by their duly authori,ed representatives and made effective the day and year first written above. MILL CREEK RIFLE CLUB. INC. mcrc, Inc. PO Box 344 Shaw nee Mission. KS 66201-0344 MILL CREEK RIFLE CLUB, INC. CITY OF RIVERSIDE, MISSOURI By: By: Name: Michael Borkon. Kathleeen I.. Rose Title: President Mayor Date: 6-16-2025 Dated: June 3, 2025 Attest: Robin Kincaid City Clerk MIRMA Nlissourn s Municipal Trust CERTIFICATE OF INSURANCE CERTIFICATE HOLDER Mill Creek Rifle Club, Inc. PO Box 344 Shawnee Mission, KS 66201-0344 Certificate Holder ID # MCRCI01 INSURING COMPANY MIRMA Safety National Casualty Corporation The Travelers Indemnity Company Type of Insurance Perils Covered General Liability Comprehensive Auto Liability Comprehensive Workers' Compensation Statutory Property Special Form, EQ and Flood (*Values to be determined at time of loss) Description: Evidence of Coverage in Force. NAME AND ADDRESS OF INSURED City of Riverside, Missouri As participants in Missouri Intergovernmental Risk Management Association 2950 NW Vivion Road Riverside, Missouri, 64150 POLICY NUMBER Self -Insured AGC4069347 KTXK-FAC-1802B40-3-25 Limit Per Occurrence $1,000,000 (CSL BI/PD) $1,000,000 (CSL BVPD) EXPIRATION 7/ 1 /26 7/ 1 /26 7/ 1 /26 Deductible Per Occurrence None None None $1,000 Conditions: The Interest of any Additional Insured or Loss Payee with respect to liability or property coverage hereunder is included as if a separate endorsement were attached here to the extent of their interest as of the date of loss subject to the limits of insurance set forth Cancellation: Should any of the above -described policies be cancelled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30 days'. written notice to the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer affording coverage, its agents, representatives or the issuer of this certificate. This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed above. Date of Issuance: 5/15/2025 By: Lockton Companies