Loading...
2022/11/14 Wren's Ranch Fully Executed WRSP Special Use Contract DATE: November 3, 2022 TO: Armando Villa, City Manager Edward Varso, Police Chief Robert Cardenas, Deputy Human Resources Director CC: Christine Booker, Budget & Grants Analyst FROM: Margarita Cornejo, Deputy Finance Director Maritsa Ramirez, Contract/Purchasing Technician I SUBJECT: Facility Rental (Wren’s Ranch): Police Department Shooting Practice The City of Menifee Police Department has reached out to Wren’s Ranch and requested the opportunity to use their facility for Police staff to practice shooting. Police staff will have access to this facility through reservations. Reservations for Wren’s Ranch Range use are to be made at least 30 days in advance for group classes and one week prior for individual classes. The cost for the use of the facility by Police staff for a year is $1,000.00. Wren’s Ranch requires completion/submittal of the following to secure the site availability: 1. Special Use Permit- signed by City Manager Recommended Action: Approve and sign the required form to proceed with Facility Rental of Wren’s Ranch for a year for fiscal year 22/23. DocuSign Envelope ID: 152DEB91-3825-425D-94A9-C9B1AEB7093ADocuSign Envelope ID: 8D6D682A-6318-4758-AE33-95F91EC4E9FF WRSP Special Use Contract Organization: City of Menifee Police Department Address: 29714 Haun Rd. Unit-A, Menifee, CA 92586 Contact Person: Christine Booker Email: cbooker@menifeepolice.org Phone: (951) 723-1513 Special Use Contract Fee: $1000 per fiscal year Paid: Date: Reservations for WRSP Range use are to be made at least 30 days in advance for group classes and one week prior for individual classes. Contact is to be made with the range coordinator.  Instructors and Range Safety Officers are to provide copies of their training certifications, or provide a current NRA Instructor or NRA RSO credential. The ownership will evaluate and approve your instructor credentials.  First Aid Certification  Insurance Policies that are $1 million/$2 million are required. The policies must indemnify WRENS Range and the City of Perris. • All Insurance documentation goes to WRENS Ranch, not the city of Perris  WRSP must have list of all your instructors and range safety officers  A lesson plan detailing your training  Keep and submit monthly rosters - documenting all clients. You are not required to enter your clients into our range log books.  See the enclosed Instructor Packet for more details PO Box 1958, Perris CA 92572 DocuSign Envelope ID: 152DEB91-3825-425D-94A9-C9B1AEB7093ADocuSign Envelope ID: 8D6D682A-6318-4758-AE33-95F91EC4E9FF Please read the following Release and then sign and date in the block following it. RELEASE AND HOLD HARMLESS AGREMENT In consideration for access and use of facilities of the Wren’s Ranch Sportsmen’s Park, LLC, hereafter referred to as WRSP and/or for participation in club activities sponsored or organized by WSRP, the undersigned Participant HEREBY AGREES TO WAIVE, RELEASE, DISCHARGE AND HOLD HARMLESS WSRP FROM AND ALL CLAIMS OF ANY NATURE, including claims of personal injury, wrongful death or damage to property, which Participant may have or which may hereafter accrue as a result of access and/or use of the facility, parti cipation in any WRSP program or related activity and events, including but not limited to unorganized practice, organized practice, training and instruction and orga- nized shooting events. PARTICIPANT AGREES AND ACKNOWLEDGES SUCH WAIVER, RELEASE, DISCHARGE AND HOLD HARMLESS AGREE- MENT APPLIES TO ANY AND ALL CLAIMS INCLUDING ANY CLAIM ARISING IN WHOLE OR IN PART OUT OF ALLEGA- TIONS OF NEGLIGENCE AGAINST WRSP. PARTICIPANT ALSO AGREES, AS FURTHER CONSIDERATION, TO INDEMNIFY, DEFEND AND PROTECT WRSP AGAINST ANY AND ALL CLAIMS ARISING OUT OT PARTICIPANT’S USE OF OR PRESENCE UPON THE PREMISES, INCLUDING CLAIMS WRSP WAS NEGLIGENT IN CAUSING INJURY OR DEATH TO PATICIPANT OR ANY OTHER THIRD PARTY, OR THAT WRSP WAS NEGLIGENT IN CAUSING PROPERTY DAMAGE. By signing this Release and Hold Harmless Agreement, the undersigned(s) recognizes that the sport of rifle, pistol, shotgun shooting, and archery or related activities present certain inherent dangers that cannot be eliminated even by the exercise of reasonable care. As such, the undersigned Participant and undersigned Responsible Adult if Participant is a minor hereby expressly assumes the ri sk that is inherent to the sport of rifle, pistol, shotgun shooting and archery. As a requisite condition to the Participant being allowed to attend, access, use of all facilities or participation in any WRSP sponsored event, the undersigned Participant hereby acknowledges that City of Perris, County of Riverside, State of California has the most significant relationship with the parties to this Agreement. As such, the parties hereto expressly agree to California as the Choice of Law and Choice of Forum for any claim, suit, or controversy that may arise by and between the parties or any of its related affiliates, and further agree that any action, suit, or claim made by the Participant must be brought in the State of California as the proper Venue having exclusive subject matter jurisdiction to any such claim, demand, or suit. By signing this Release and Hold Harmless Agreement, the undersigned Participant assumes the risk inherent to the access, use of all facilities or participation in the WRSP facility including but not limited to rifle, pistol, shotgun shooting, archery and thereby consents to the Partici- pant’s participation in WRSP programs and all related activities, and further acknowledge that he/she understands that all risks, whether known or un- known, are expressly assumed by the undersigned, and that all claims, whether known or unknown, are expressly waived in advance. In addition to the foregoing, the undersigned Participant hereby expressly agrees and recognizes that WRSP, through its individual Match Direc- tors, Match Chairmen, Range Officers, judges and referees, officers, directors, agents, individuals or entities perform volunteer services, and as such, said entities and/or individuals are immune from liability as volunteer leaders, assistants, and organizers. Mandatory Binding Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the Ameri- can Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arb itrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The place of arbitration shall be located within the County of Riverside. The arbitration shall be governed by the laws of the State of California. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) an d the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Productio n. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Pursuant to the Commercial Arbitration Rules, the arbitrators will have the authority to allocate the costs of the arbitration process am ong the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. The award of the arbitrators shall be accompanied by a rea- soned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or re sults of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. I HAVE READ THE FOREGOING TERMS AND CONDITIONS AND AGREE TO BE BOUND BY ALL OF THE CONDITIONS SET FORTH ABOVE. Print Name of Organization _ City of Menifee Contact Person: (print) Armando Villa, City Manager Signature: Date: Wren's Ranch Sportsmen's Park PO Box 1958, Perris CA 92572 DocuSign Envelope ID: 152DEB91-3825-425D-94A9-C9B1AEB7093A 11/14/2022 DocuSign Envelope ID: 8D6D682A-6318-4758-AE33-95F91EC4E9FF