HomeMy WebLinkAboutC-4275 HOLD HARMLESS AGREEMENT
This HOLD HARMLESS 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 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 in the 2019 "Memorandum of Understanding Between the
City of Arcadia and the City of San Marino for Firearms Range Use at the Arcadia Police Department", the
City of San Marino shall defend, indemnify, and hold harmless the City of Arcadia, its officials, officers,
employees, agents, and volunteers (collectively, "Indemnitees") 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 and to the degree determined in a final and non-appealable judgment to be proportionate to the
City of San Marino's liability. This indemnification applies to and includes, without limitation, the payment
of penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and
reimbursements to the Indemnitees for all legal expenses and costs incurred by each of the Indemnitees. The
City of San Marino's indemnification obligation shall not be restricted to insurance proceeds, if any, received
by the Indemnitees; 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.
1
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 CITY OF San Marino,a California
municipal corporation municipal corporation
BY: - BYE/�f
C. y Manager City Manager
Dated: /o' aa_ , 2019 Dated: .1/30 , 2019
ATTEST 11� �'W _ '4 "4/1 ATTEST: 1/410(..)�
City Cler City Clerk
Dated: b1 e( , 2019 Dated: , 2019
APPROVED AS TO FORM: APPROVE 1 • . TO FORM:
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SveCFL1/4". 1>,
City Attorney / City Attorney
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Dated: 4(r , 2019 Dated: ft , 2019
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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 the term of 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.
APD shall be liable for all waste generated at the site, including, without limitation,
fragmented ammunition, lead dust and ammunition barrel shavings. APD shall dispose
of all waste generated at the site in accordance with applicable federal, state and local
laws.
FEES FOR FIREARMS RANGE USE
The City of San Marino will be charged and shall pay $5,000.00 (five thousand dollars)
for fiscal year July 1, 2019 through June 30, 2020, for the use of the Arcadia Police
Firearms Range facility. The fee includes the following:
Range mining / lead removal $ 2,500.00
Filter Replacement $ 1,000.00
Range Target System Maintenance $ 1,500.00
Remittance of the aforementioned range fee is payable in one installment of$5,000.00
(five thousand dollars). The City of Arcadia will bill the City of San Marino during the
month of January (2020) for the 2019-2020 fiscal year.
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 and
the City of Arcadia agree 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 SA MARINO
By �S By: 1
Chie of Police hie of ':ice
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Dated: , 2019 1; -d: 1 1 , 2019
BY: �►,r /� -- By: 1 J/ / I,//l[�f
ty Manager City Manager
Dated: /o- ZZ , 2019 Dated: /627// //q , 2019
APPROVED AS TO FORM: APPROVED AS TO FORM:
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By: arA.-012.&:,�. By: it
City Attorney Cityorney
Dated: tt 1,5- , 2019 Dated: 401 , 2019