City Of Signal Hill
Facility Use Agreement
For Use of Signal Hill Firing Range
This Agreement (“Agreement”) is made between the City of Signal Hill and the Signal Hill Police Department (collectively the "City"), on the one hand, and the Trustees of the California State University, on behalf of California State University, Long Beach and CSULB Police Department ("University”), on the other hand. City and University are sometimes referred to herein singularly as a “Party” and together as the “Parties”.
1. AGREEMENT. The City and University hereby agree as follows:
City authorizes University to use the weapons firing range owned and operated by the City (“firing range”) subject to the terms and conditions set forth herein.
University’s use of the firing range shall be limited to University staff participating in formal training and re-qualification activities and exercises.
City agrees that University shall have the use of all on-site facilities and amenities of the firing range during periods of authorized use.
City and University agree the firing range shall be open and usable by University at such times that are mutually agreeable to both parties, but that exclusive use of the firing range or related facilities at any time or times is not granted without mutual agreement of both parties.
University will contact City’s Administrative Sergeant at (562) 989-7268 with thirty (30) days advanced notice to schedule use of the firing range. Reservations for authorized use are subject to reasonable availability.
Notice of cancellation of a reservation must be provided to City at least one (1) week prior to reservation date. At City’s discretion, cancellations with less than one (1) weeks’ notice may be subject to a late cancellation fee.
The Parties hereto agree that empty cartridges resulting from University’s use of the firing range become the property of the City.
University shall provide and be responsible for eye and hearing protection, use of which is mandated by the firing range safety regulations.
University shall also provide and be responsible for ammunition, targets and backers during periods of authorized use; these items are not provided by the City.
University agrees it is subject to firing range safety rules and any other applicable orders or regulations established by the City at all times while exercising the privileges of this agreement. City reserves the right to deny or discontinue University’s use of the firing range at any time and without prior notice for failure to comply with these terms.
University agrees to provide its own Range Masters and adequate safety supervision for their shooters, and assume full responsibility for their personnel; City will provide a Signal Hill Police Department Range Master to be present during periods of authorized use in order to monitor the facility.
2. TERM.
A. The term of this Agreement shall be from July 1, 2022 through July 1, 2025. It may be extended upon the agreement of both parties in writing. This Agreement may be terminated by either party by providing a minimum of thirty (30) days written notice of non-renewal or intent to terminate the Agreement.
3. COMPENSATION.
A. City shall receive compensation from University in exchange for use of the firing range at the rates set forth in Exhibit “A” to this Agreement, attached hereto and incorporated herein by reference.
B. University agrees to provide payment to City within 30 days of receipt of each invoice issued by City for use of the firing range. In the event of delayed payment or non-payment, City may deny University’s use of the firing range.
4. INDEMNIFICATION.
University shall indemnify, defend, and hold harmless the City, and its officers, employees and agents, from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the University’s use of City’s firing range, or its obligations under this Agreement or out of the actions by University, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from University’s use of the firing range by this Agreement, the University shall provide a defense to the City indemnitees or at the City’s option, reimburse the City indemnities their costs of defense, including reasonable legal fees, incurred in defense of such claims.
In the event of any dispute between University and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, University will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely negligent. University will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The Parties agree that Government Codes §895.2, §895.4, §895.6, and Civil Code §2778 shall apply to this agreement. Nothing in this Agreement shall be construed as imposing liability on any Party in excess of what is authorized by statute.
5. INSURANCE.
A. It is understood that University is a public agency as defined by the laws of the state of California and may satisfy the insurance requirements as a self-insured or member of Joint Powers Insurance Pool.
General Liability Insurance. University shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage.
Workers’ compensation insurance. University shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Endorsements. University shall submit to City, along with the certificate of insurance/coverage letter, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be additional insureds/ additional protected party under such policies.
Primary/noncontributing. Coverage provided by University shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it.
6. University’s failure to comply with any of the terms and conditions of this Agreement shall constitute default. City, in its sole discretion, may terminate this Agreement immediately upon default.
7. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by University without the prior written consent of the City.
8. Any notices pursuant to this Agreement shall be sent by email, personal delivery, by facsimile, or by certified mail (return receipt requested), as follows:
To City: Captain Brian Leyn
City of Signal Hill Police Department
2745 Walnut Avenue
Signal Hill, CA 90755
Phone: 562-989-7200
Email: [email protected]
To University: Purchasing, Dept
1250 Bellflower Blvd.
Long Beach, CA 90840
Phone: 562-985-4296
Email: [email protected]
9. In performance under this Agreement, University agrees to comply with all federal, state, and local laws.
10. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
11. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions.
12. In the event that any term, covenant, condition, provision, or agreement contained in this Agreement is held to be invalid or void by any court or competent jurisdiction, the invalidity of any such term, covenant, condition, provision, or agreement shall in no way affect any other term, covenant, condition, provision, or agreement and the remainder of this Agreement shall still be in full force and effect.
13. This Agreement may be amended only by a further agreement in writing, signed by both parties hereto.
City and University have read and understand this Agreement, and agree to all the terms.
CITY OF SIGNAL HILL
By: ______________________________
Hannah Shin-Heydorn
City Manager
CALIFORNIA STATE UNIVERSITY, LONG BEACH
By: _____________________________
Terri Reilly
Buyer III Lead
Date:
ATTEST:
By: ______________________________
Carmen R. Brooks
City Clerk
APPROVED AS TO FORM:
By:
_________________________________
Matthew E. Richardson
City Attorney
EXHIBIT A
Subject to availability and advanced reservations, City shall allow access to its firing range facility to University for certain periods of authorized use, lasting no less than 4 hours and no more than 8 hours.
During each period of authorized use, City will staff one Signal Hill Police Department Range Master at the firing range facility to provide monitoring services at the rate of $139.59 per hour.