HomeMy WebLinkAboutC-4256 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ARCADIA AND THE CITY OF SIERRA MADRE
FOR FIREARMS RANGE USE AT THE ARCADIA POLICE DEPARTMENT
This Memorandum of Understanding (MOU) between the City of Arcadia and the City of
Sierra Madre establishes policy and procedures for use, training, and safety at the
Arcadia Police Firearms Range.
PURPOSE
The Sierra Madre 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 for the foregoing purpose.
To that end, either APD or SMPD may request assistance from the other agency's
"range masters" or training coordinators for range training, as needed. It is recognized,
however, that APD firearms instructors 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 ammunition approved for use on the APD range.
SMPD will be responsible for purchasing its own ammunition and will mark that
ammunition accordingly. APD will be responsible for providing SMPD with one
(1) cabinet (32" X 27" X 21") for storing its ammunition inside the Range Cleaning
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.
- 1 -
FEES FOR FIREARMS RANGE USE
The City of Sierra Madre will be charged per session basis and shall pay $200.00 per
session beginning July 1 , 2019 through June 30, 2020, for the use of the Arcadia Police
Firearms Range facility. Each session consists of a four (4)-hour block. The monthly
fee will only be assessed for the calendar month(s) in which SMPD personnel utilize the
firearms range. The fee recovers the following maintenance and personnel costs
incurred by the City of Arcadia:
• Range Mining / Lead Removal
• Filter Replacement
• Range Target System Maintenance
*The fee does not include the repair of damage(s) to the range caused by the
members of the Sierra Madre Police Department. The City of Sierra Madre will be
billed separately for the cost to repair the damage(s).
Remittance of the aforementioned range fee is payable within thirty (30) calendar days
following submission of an invoice by the City of Arcadia to the City of Sierra Madre,
and the City of Arcadia will invoice the City of Sierra Madre for those months SMPD
utilizes APD's range for firearms training/qualification.
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 Sierra Madre 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 for the final calendar month 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 Sierra Madre 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 Memorandum of Understanding.
- 2 -
The City of Sierra Madre and the City of Arcadia have executed this Memorandum of
Understanding as of the dates set forth below.
CITY OF ARCADIA CITY OF SIERRA MADRE
By: By: v---N,--14---
Chief • Police Chief of Police
Date = 2-1I `� Dated: 4.-- /i 3 /C,
)2/ (-r-
city
Manag- de City Manager
Dated: \>,„ .c \1 i r1,0\c1 Dated:
ATTEST: ATTEST:
ildit Ai IA-uA II I di , .
City I Jerk City Cle§
APPROVED AS TO FORM: APPROVED AS TO FORM:
(.5 -7)-4112t,•1 . )--(,a;
City Attorney City Attorney
Dated: 5 I el Dated: ( ! 2///
f
- 3 -
HOLD HARMLESS AGREEMENT
This HOLD HARMLESS AGREEMENT ("Agreement") is made this 1st day of
July, 2019 by and between the City of Arcadia, a California municipal corporation,
located at 240 West Huntington Drive, Arcadia, California 91007, and the City of Sierra
Madre, a California municipal corporation, located at 232 West Sierra Madre Boulevard,
Sierra Madre, California 91024. The City of Arcadia and the City of Sierra Madre are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively
referred to as the "Parties."
WHEREAS, the City of Sierra Madre 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
Sierra Madre 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 Sierra Madre'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 Sierra Madre hereby agree as
follows:
TERMS
1. Hold Harmless. Upon City of Sierra Madre's use of the firing range by any
of its employees, agents, and/or volunteers for the purposes specified herein, the City of
Sierra Madre 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 Sierra Madre, its personnel, employees,
agents, contractors, or volunteers in connection with or arising out of the City of Sierra
Madre'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 Sierra Madre'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; excepting such claims, demands, causes of
action, liabilities, losses, damages and/or injuries caused by the sole negligence or
willful misconduct of the City of Arcadia, its officials, officers, employees, agents, and
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 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 CITY OF SIERRA MADRE
B By: ��
City Manager ..) City Manager
Dated: per,e, S--1- C 9 I 201 Dated: / ( ( (�
ATTEST: ATTEST:
\ jo1 liiloimei
/ i 4.7sin-Alt4_,4
`�it lerkrdiv
Cit Verk
APPROVED AS TO FORM: APPROVED AS TO FORM:
__ _ __. -4el — Ai.
� ��
City Attorney C City Attorney
Dated: R/ /I q Dated: b.?//9
2