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HomeMy WebLinkAboutC-2174• lloo -7 0 Ca(�� MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ARCADIA AND THE CITY OF SAN MARINO FOR FIREARMS RANGE USE AT THE ARCADIA POLICE DEPARTMENT This Memorandum of Understanding (MOU) between the City of Arcadia and the City of San Marino establishes policy and procedures for use, training, and safety at the Arcadia Police Firearms Range. PURPOSE The San Marino Police Department (SMPD) does not maintain its own firearms training range. The SMPD must maintain firearms proficiency for its officers and, to accomplish that goal, desires to use the firearms training range of the Arcadia Police Department (APD). POLICY It is the intent of both agencies to work cohesively together. To that end, either APD or SMPD may request assistance from the other agency's "range masters" for range training, as needed. It is recognized, however, that APD range masters will be primarily responsible for training APD personnel, and SMPD "range masters" will be primarily responsible for training SMPD personnel during this Memorandum of Understanding or its extension. All personnel using the APD firearms range shall adhere to the APD firearms safety policy (copy attached). Each agency agrees that it will be responsible for the following: • Developing or maintaining policy or guidelines regarding monthly range qualifications for its personnel • Developing or maintaining policy or guidelines related to departmentally approved weapons. APD also agrees to provide limited technical inspections of weapons (firearms) belonging to SMPD or its personnel, as requested. • Providing its personnel with APD approved ammunition for range training. SMPD will be responsible for purchasing its own ammunition and will mark that ammunition accordingly. APD will be responsible for providing SMPD with shelving space for storing its ammunition inside the Range Ammunition Room. • Only APD approved weapons may be used on the range SMPD agrees to comply with the General Management Procedures, a copy of which is attached hereto and incorporated by reference herein. 0 FEES FOR FIREARMS RANGE USE The City of San Marino will be charged and shall pay $3,500.00 (three thousand, five - hundred dollars) for fiscal year July 1, 2008 through June 30, 2009, for the use of the Arcadia Police Firearms Range facility. The fee includes the following: Range mining / lead removal $ 1,500.00 Targets $ 1,000.00 Range maintenance (filters, etc.) $ 1,000.00 Remittance of the aforementioned range fee is payable in two installments of $1,750.00 (one thousand, seven hundred and fifty dollars). The City of Arcadia will bill the City of San Marino during the month of July (2008), and during the month of January (2009). REVIEW AND RENEWAL OF AGREEMENT This Memorandum of Understanding is subject to annual review for the purposes of setting range use fees and for modifying any condition of use. If no changes are made with regard to fees or conditions of use, the Memorandum of Understanding shall be extended in writing each subsequent fiscal year, until either city requests modification or termination of the Memorandum of Understanding. CANCELLATION OF AGREEMENT The City of San Marino and the City of Arcadia shall each have the right to cancel this MOU by providing 30 (thirty) days written notice to the other city. In the event of a cancellation, fees will be adjusted on a monthly pro -rata basis, with fees paid or refunded as required by each city. HOLD HARMLESS AGREEMENT During the term of this Memorandum of Understanding, the City of San Marino agrees to abide by and maintain in effect the attached "Hold Harmless Agreement ", which is incorporated by reference and made a party thereof. The Hold Harmless Agreement shall survive the termination or expiration of this agreement. CITY OF ARCADIA CITY OF SAN MARINO By: City Manager Dated: S /6 2008 APPROVED AS TO FORM: , Step e scth 44 VW City Attorney Dated: 2008 HOLD HARMLESS AGREEMENT This HOLD HARMLESS AGREEMENT is made this (e day of 14A 6jtc$� , 2008 by and between the City of Arcadia, a California municipal corporation, located at est Huntington Drive, Arcadia, California 91007, and the City of San Marino, a California municipal corporation, located at 2200 Huntington Drive, San Marino, California 91109. The City of Arcadia and the City of San Marino are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." WHEREAS, the City of San Marino desires to use the City of Arcadia's firing range for use by its Police Department; and WHEREAS, the parties desire to hold each other harmless for their negligence that may arise from any claims and/or litigation arising out of the City of San Marino's use of the firing range. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City of Arcadia and the City of San Marino hereby agree as follows: TERMS 1. Hold Harmless. Upon City of San Marino's use of the firing range by any of its employees, agents, and /or volunteers for the purposes specified herein, the City of San Marino shall defend, indemnify, and hold harmless the City of Arcadia, its officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of the City of San Marino, its personnel, employees, agents, contractors or volunteers in connection with or arising out of the City of San Marino's use of the firing range. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney's fees, and related costs or expenses and any reimbursements to the City of Arcadia, and its officials, officers, employees, agents, and /or volunteers for all legal expenses and costs incurred by each of them. The City of San Marino's obligation shall not be restricted to insurance proceeds, if any, received by the City of Arcadia, and its officials, officers, employees, agents, or volunteers. The City of Arcadia shall defend, indemnify, and hold harmless the City of San Marino, its officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and /or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of the City of Arcadia, its personnel, employees, agents, contractors or volunteers in connection with or arising out of the City of San Marino's use of the firing range. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney's fees, and related costs or expenses and any reimbursements to the City of San Marino, and its officials, officers, employees, agents, and /or volunteers for all legal expenses and costs incurred by each of them. The City of Arcadia's obligation shall not be restricted to insurance proceeds, if any, received by the City of San Marino, and its officials, officers, employees, agents, or volunteers. 2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 3. Amendment; Modification. No supplemental, modifications, or amendment of this agreement shall be binding unless executed in writing and signed by both Parties. 4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other Party any contractual right by custom, estoppels, or otherwise. 5. Attorney's Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which the Party is entitled. 6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. CITY OF ARCADIA, a California municipal corporation By: I - City Manager Dated: 816 12008 ATTEST: City CI rk Dated: '12008 APPROVED AS TO FORM: Attorney Dated: S .2008 CITY OF San Marino, a California municipal corporation By: - * City a g Dated: July 16,.2008 ,2008 ATTEST: � 1 922 b City Clerk Dated: July 16, 2008 2008 APPROVED ALTO FORM: City Attorney Dated: J J�/, 2008 MEMORANDUM OF UNDERSTANDING BETWEEN THE ARCADIA AND SAN MARINO POLICE DEPARTMENTS FOR FIREARMS RANGE USE This memorandum of understanding between the Arcadia and San Marino Police Departments establishes policy and procedures for use, training, and safety at the Arcadia Police Firearms Range. PURPOSE The San Marino Police Department (SMPD) does not maintain its own firearms training range. The SMPD must maintain firearms proficiency for its officers and to accomplish that goal, desires to use the firearms training range of the Arcadia Police Department (APD). POLICY It is the intent of both agencies to promote uniformity in training for all officers who use the firearms training facility. To that end, the San Marino Police Department will designate two SMPD officers to train as "range masters" under the direction of the Arcadia Police Department's Firearms Training Unit. The SMPD officers will adopt the training guidelines and instructional practices of the APD Firearms Training Unit when instructing personnel from SMPD. All personnel using the APD firearms range shall adhere to the APD firearms safety policy (copy attached). Sworn officers are required to qualify on the range at least eight of the twelve monthly shoots during each calendar year, or two- thirds of the available shoots during each calendar year if less than twelve qualifications are offered. Qualification on the range will, be done only with a Firearms Training Unit approved weapon. All weapons must be examined for operational safety by a member of the Firearms Training Unit prior to their initial use on the range. Thereafter, operational safety inspection will be required on an annual basis. To provide training most consistent with likely field situations, APD uses duty ammunition for monthly qualifications and issues new duty ammunition to personnel after each monthly shoot. SMPD will use ammunition approved by the APD Firearms Training Unit and will convert to the duty ammunition used by APD to ensure uniformity in firearms performance. FEES,FOR FIREARMS RANGE USE The City of San Marino will be charged $4,500 (Four Thousand, Five Hundred) dollars for fiscal year July 1, 2005 through June 30, 2006, for the use of the Arcadia Police Firearms Range facility. The fee includes handgun training ammunition and the re -issue of duty ammunition. Handgun ammunition purchases will be made by APD in behalf of both agencies. Purchase of rifle and/or shotgun ammunition is separate from this agreement and will be the responsibility of each respective agency, unless otherwise specified in writing. Remittance of the aforementioned range fee is payable in two installments. The City of Arcadia will bill the City of San Marino during the month of July 2005, and during the month of January 2006. REVIEW AND RENEWAL OF AGREEMENT This Memorandum of Understanding is subject to annual review for the purposes of setting range use fees and for modifying any conditions of use. If no changes are made with regard to fees or conditions of use, the Memorandum of Understanding shall be extended in writing each subsequent fiscal year, until either city requests modification or termination of the agreement. CANCELLATION OF AGREEMENT The City of San Marino or the City of Arcadia shall have the right to cancel this agreement by providing 30 (thirty) days written notice to the other city. In the event of a cancellation of the agreement, fees will be adjusted on a monthly pro -rata basis, with fees paid or refunded as required by each city. HOLD HARMLESS AGREEMENT During the course of this Memorandum of Understanding, the City of San Marino agrees to maintain in effect the attached "Hold Harmless Agreement." . CITY OF ARCADIA By:=1 William R. Kelly, City Manager Dated: Irl 2005 B. � Robert Wishner, City Manager Dated: 2005 HOLD HARMLESS AGREEMENT This HOLD HARMLESS AGREEMENT is made this _ day of 2005 by and between the City of Arcadia, a California municipal corporation, located at 240 West Huntington Drive, Arcadia, California 91007, and the City of San Marino, a California municipal corporation, located at 2200 Huntington Drive, San Marino, California 91108. The City of Arcadia and the City of San Marino are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." WHEREAS, the City of San Marino desires to use the City of Arcadia's firing range for use by its Police Department; and WHEREAS, in exchange for making the firing range available to the City of San Marino for its Police Department, the City of Arcadia desires to be held harmless from any claims and/or litigation arising out of the City of San Marino's use of the firing range. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City of Arcadia and the City of San Marino hereby agree as follows: TERMS 1. Hold Harmless. Upon City of San Marino's use of the firing range by any of its employees, agents, and/or volunteers for the purposes specified herein, the City of San Marino shall defend, indemnify, and hold harmless the City of Arcadia, its officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of the City of San Marino, its personnel, employees, agents, contractors, or volunteers in connection with or arising out of the City of San Marino's use of the firing range. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and any reimbursements to the City of Arcadia, and its officials, officers, employees, agents, and/or volunteers for all legal expenses and costs incurred by each of them. The City of San Marino's obligation shall not be restricted to insurance proceeds, if any, received by the City of Arcadia, and its officials, officers, employees, agents, or volunteers. 2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3 Amendment Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 5. Attomeys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which the Party is entitled. 6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. CITY OF ARCADIA, a California municipal corporation By: William R. Kelly, City Manager Dated: Y4 , 2005 CITY OF San Marino, a California municipal corporation Robert shner, City Manager Dated: 1 //D r 12005 CD MEMORANDUM OF UNDERSTANDING BETWEEN THE ARCADIA AND SAN MARINO POLICE DEPARTMENTS FOR FIREARMS RANGE USE This memorandum of understanding between the Arcadia and San Marino Police Departments establishes policy and procedures for use, training, and safety at the Arcadia Police Firearms Range. PURPOSE The San Marino Police Department (SMPD) does not maintain its own firearms training range. The SMPD must maintain firearms proficiency for its officers and to accomplish that goal, desires to use the firearms training range of the Arcadia Police Department (APD). POLICY It is the intent of both agencies to promote uniformity in training for all officers who use the firearms training facility. To that end, the San Marino Police Department will designate two SMPD officers to train as "range masters" under the direction of the Arcadia Police Department's Firearms Training Unit. The SMPD officers will adopt the training guidelines and instructional practices of the APD Firearms Training Unit when instructing personnel from SMPD. All personnel using the APD firearms range shall adhere to the APD firearms safety policy (copy attached). Sworn officers are required to qualify on the range at least eight of the twelve monthly shoots during each calendar year, or two - thirds of the available shoots during each calendar year if less than twelve qualifications are offered. Qualification on the range will be done only with a Firearms Training Unit approved weapon. All weapons must be examined for operational safety by a member of the Firearms Training Unit prior to their initial use on the range. Thereafter, operational safety inspection will be required on an annual basis. To provide training most consistent with likely field situations, APD uses duty ammunition for monthly qualifications and issues new duty ammunition to personnel after each monthly shoot. SMPD will use ammunition approved by the APD Firearms Training Unit and will convert to the duty ammunition used by APD to ensure uniformity in firearms performance. FEES FOR FIREARMS RANGE USE The City of San Marino will be charged $4,500 (Four Thousand, Five Hundred) dollars for fiscal Year July 1, 2004 through June 30, 2005, for the use of the Arcadia Police Firearms Range facility. The fee includes handgun training ammunition and the re -issue of duty ammunition. Handgun ammunition purchases will be made by APD in behalf of both agencies. Purchase of rifle and/or shotgun ammunition is separate from this agreement and will be the responsibility of each respective agency, unless otherwise specified in writing. Remittance of the aforementioned range fee is payable in two installments. The City of Arcadia will bill the City of San Marino during the month of July 2004, and during the month of January 2005. REVIEW AND RENEWAL OF AGREEMENT This Memorandum of Understanding is subject to annual review for the purposes of setting range use fees and for modifying any conditions of use. If no changes are made with regard to fees or conditions of use, the Memorandum of Understanding shall be extended in writing each subsequent fiscal year, until either city requests modification or termination of the agreement. CANCELLATION OF AGREEMENT The City of San Marino or the City of Arcadia shall have the right to cancel this agreement by providing 30 (thirty) days written notice to the other city. In the event of a cancellation of the agreement, fees will be adjusted on a monthly pro-rata basis, with fees paid or refunded as required by each city. HOLD HARMLESS AGREEMENT During the course of this Memorandum of Understanding, the City of San Marino agrees to maintain in effect the attached "Hold Harmless Agreement " CITY OF ARCADIA By: � 1� William R. Kelly, City Manager Dated: 010 CITY OF SAN MARINO BY Robert Wishner, City Manager 2004 Dated: 7 (' O y 2004 APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney HOLD HARMLESS AGREEMENT This HOLD HARMLESS AGREEMENT is made this /'day of � , 2004 by and between the City of Arcadia, a California municipal corporation, located at 2 West Huntington Drive, Arcadia, California 91007, and the City of San Marino, a California municipal corporation, located at 2200 Huntington Drive, San Marino, California 91108. The City of Arcadia and the City of San Marino are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties.," WHEREAS, the City of San Marino desires to use the City of Arcadia's firing range for use by its Police Department; and WHEREAS, in exchange for making the firing range available to the City of San Marino for its Police Department, the City of Arcadia desires to be held harmless from any claims and/or litigation arising out of the City of San Marino's use of the firing range. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City of Arcadia and the City of San Marino hereby agree as follows: TERMS 1. Hold Harmless. Upon City of San Marino's use of the firing range by any of its employees, agents, and/or volunteers for the purposes specified herein, the City of San Marino shall defend, indemnify, and hold harmless the City of Arcadia, its officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of the City of San Marino, its personnel, employees, agents, contractors, or volunteers in connection with or arising out of the City of San Marino's use of the firing range. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and any reimbursements to the City of Arcadia, and its officials, officers, employees, agents, and/or volunteers for all legal expenses and costs incurred by each of them. The City of San Marino's obligation shall not be restricted to insurance proceeds, if any, received by the City of Arcadia, and its officials, officers, employees, agents, or volunteers. 2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3 Amendment Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. I 5. Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which the Party is entitled. 6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. CITY OF ARCADIA, a California municipal corporation By: D ra William R. Kelly, City Manager Dated: &'4 2004 APPROVED AS TO FORM: W P /dP " Stephen P. Deitsch City Attorney CITY OF San Marino, a California municipal corporation BytrSS+l. �— obert ishner, City Manager Dated: / -D y 12004 r � , MEMORANDUM OF UNDERSTANDING BETWEEN THE ARCADIA AND SAN MARINO POLICE DEPARTMENTS FOR FIREARMS RANGE USE This memorandum of understanding between the Arcadia and San Marino Police Departments establishes policy and procedures for use, training, and safety at the Arcadia Police Firearms Range. PURPOSE The San Marino Police Department (SMPD) does not maintain its own firearms training range. The SMPD must maintain firearms proficiency for its officers and to accomplish that goal, desires to use the firearms training range of the Arcadia Police Department (APD). POLICY It is the intent of both agencies to promote uniformity in training for all officers who use the firearms training facility. To that end, the San Marino Police Department will designate two SMPD officers to train as "range masters" under the direction of the Arcadia Police Department's Firearms Training Unit. The SMPD officers will adopt the training guidelines and instructional practices of the APD Firearms Training Unit when instructing personnel from SMPD. All personnel using the APD firearms range shall adhere to the APD firearms safety policy (copy attached). Sworn officers are required to qualify on the range at least eight of the twelve monthly shoots during each calendar year, or two- thirds of the available shoots during each calendar year if less than twelve qualifications are offered. Qualification on the range will be done only with a Firearms Training Unit approved weapon. All weapons must be examined for operational safety by a member of the Firearms Training Unit prior to their initial use on the range. Thereafter, operational safety inspection will be required on an annual basis. To provide training most consistent with likely field situations, APD uses duty ammunition for monthly qualifications and issues new duty ammunition to personnel after each monthly shoot. SMPD will use ammunition approved by the APD Firearms Training Unit and will convert to the duty ammunition used by APD to ensure uniformity in firearms performance. FEES FOR FIREARMS RANGE USE The City of San Marino will be charged $4,500 (Four Thousand, Five Hundred) dollars for fiscal year July 1, 2003 through June 30, 2004, for the use of the Arcadia Police Firearms Range facility. The fee includes handgun training ammunition and the re-issue of duty ammunition. Handgun ammunition purchases will be made by APD in behalf of both agencies. Purchase of rifle and/or shotgun ammunition is separate from this agreement and will be the responsibility of each respective agency, unless otherwise specified in writing. Remittance of the aforementioned range fee is payable in two installments. The City of Arcadia will bill the City of San Marino during the month of July 2003, and during the month of January 2004. REVIEW AND RENEWAL OF AGREEMENT This Memorandum of Understanding is subject to annual review for the purposes of setting range use fees and for modifying any conditions of use. If no changes are made with regard to fees or conditions of use, the Memorandum of Understanding shall be extended in writing each subsequent fiscal year, until either city requests modification or termination of the agreement. CANCELLATION OF AGREEMENT The City of San Marino or the City of Arcadia shall have the right to cancel this agreement by providing 30 (thirty) days written notice to the other city. In the event of a cancellation of the agreement, fees will be adjusted on a monthly pro -rata basis, with fees paid or refunded as required by each city. HOLD HARMLESS AGREEMENT During the course of this Memorandum of Understanding, the City of San Marino agrees to maintain in effect the attached "Hold Harmless Agreement." CITY OF ARCADIA By: William R. Kelly, City Manager Dated: 1110 2003 APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney CITY OF SAN MARINO 136- � Robert Wishner, City Manager Dated: 2003 HOLD HARMLESS AGREEMENT This HOLD HARMLESS AGREEMENT is made this 15thday of July , 2003 by and between the City of Arcadia, a California municipal corporation, located at 240 West Huntington Drive, Arcadia, California 91007, and the City of San Marino, a California municipal corporation, located at 2200 Huntington Drive, San Marino, California 91108. The City of Arcadia and the City of San Marino are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." WHEREAS, the City of San Marino desires to use the City of Arcadia's firing range for use by its Police Department; and WHEREAS, in exchange for making the firing range available to the City of San Marino for its Police Department, the City of Arcadia desires to be held harmless from any claims and/or litigation arising out of the City of San Marino's use of the firing range. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City of Arcadia and the City of San Marino hereby agree as follows: TERMS I. Hold Harmless. Upon City of San Marino's use of the firing range by any of its employees, agents, and/or volunteers for the purposes specified herein, the City of San Marino shall defend, indemnify, and hold harmless the City of Arcadia, its officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of the City of San Marino, its personnel, employees, agents, contractors, or volunteers in connection with or arising out of the City of San Marino's use of the firing range. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and any reimbursements to the City of Arcadia, and its officials, officers, employees, agents, and/or volunteers for all legal expenses and costs incurred by each of them. The City of San Marino's obligation shall not be restricted to insurance proceeds, if any, received by the City of Arcadia, and its officials, officers, employees, agents, or volunteers. 2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3 Amendment Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 5. Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which the Party is entitled. 6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. CITY OF ARCADIA, a California municipal corporation 0 William R. Kelly, City Manager Dated: 7Ir2 - 2003 APPROVED AS TO FORM: ov Stephen P. Deitsch City Attorney City of Arcadia 2 CITY OF San Marino, a California municipal corporation Robert Wishner, City Manager Dated: 2003