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HomeMy WebLinkAbout2004-2191 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-219 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO ALLOWING THE UNIVERSITY TO USE THE CITY OF SAN BERNARDINO POLICE DEPARTMENT'S FIRING RANGE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City of San Bernardino Police Department, an agreement with the California State University, San Bernardino allowing said University law enforcement personnel to use the City of San Bernardino Police Department's firing range, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void of no further effect if the Agreement is not executed by both parties and returned to the Office of the City Clerk within sixty (60) days following the effective date of the resolution. 2004-219 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO ALLOWING THE UNIVERSITY TO USE THE CITY OF SAN BERNARDINO POLICE DEPARTMENT'S FIRING RANGE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on the 6 th day of July , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x Rachel G. dark, City Cler Gbvl�}��Lrlrt� t' 1G The foregoing resolution is hereby approved this 71} _ ay of iuly Approved as to Form and legal content: JAMES F. PENMAN, City Attorney A V alles, Mayor of San Bernardino 2004-219 AGREEMENT AGREEMENT NUMBER SBCMP00AM NO 00012631 CONTRACTOR IDENTIFICATION NUMBER 95-600072 THIS AGREEMENT, made and entered into this June 23, 2004 in the State of California, by and between the Trustees of the California State University, which is the State of California acting in a higher education capacity, through its duly appointed and acting officer, hereinafter called CSU and CONTRACTOR'S NAME City of San Bernardino Police Department hereafter called Contractor, WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulation of the University hereinafter expressed, does hereby agree to furnish to the University services and materials as follows: Contractor agrees to the use of the San Bernardino City Police Department's firing range by California State University, San Bernardino Public Safety Department commencing July 1, 2004 until canceled, as provided in Exhibit A, Item #VII. The San Bernardino City Police Department's Rangemaster to be in complete charge and control of all activities at the Range at all times. The San Bernardino City Police Department's Rangemaster to conduct the shoots, score the course and submit score cards for each person to the California State University, San Bernardino Public Safety Department. The cost shall be at a rate of $10.00 per officer, per qualifying shoot or training session, for a total not to exceed $1,040.00 per year. Contractor to be paid in arrears on a quarterly basis upon submission of invoices in duplicate to the Accounting Office, California State University, San Bernardino, 5500 University Parkway, San Bernardino, CA 92407. Exhibit A, and Exhibit B are hereby incorporated and made a part of this agreement. rues nerew, upon me aan, nnE aoove wnnen. UNIVERSITY CONTRACTOR Trustees of the California State University San City of San B.ornardino Police Department Bernardino BY (AUTHORIZED IGNA . E) DATE BY (AUT ED SIGNATURE) DATE as ZIP ee� ay PRINTED NAME AND TITLE OF PERSON SIGNING P TE AND TITLE OF PERSON SIGNING Kathy Hansn,Director dit Valles, Mayor DEPT. Procurement and Support Services AMOUNT ENCUMBERED BY THIS DOCUMENT REQUIRED CHARTFIELD DISTRIBUTION $ Account Fund Dept to Program 619091 AD203 D1000 0603 TOTAL AMOUNT ENCUMBERED TO DATE OPTIONAL CHARTFIELD DISTRIBUTION $ Class Proj/Grt CRL 018 — 1 /27/04 2004-219 California State University, San Bernardino EXHIBIT "A" City of San Bernardino Police Department, #SBCMP0000012631 Page 1 of 4 Pages The CITY shall make available to the University use of the weapons firing range four (4) times per contractual year, at approximate three (3) month intervals. State shall be provided access to the range as many times as required to ensure that all CSUSB law enforcement personnel have successfully completed qualifying shoots and training sessions. Range use shall take place during normal range operating hours, at times and dates specified by the San Bernardino City Police Department, Rangemaster. Available range facilities shall include, and is limited to the following: Pistol Range, rifle range, and combat shooting course. CONTRACTOR shall provide a Rangemaster who shall coordinate with the STATE to ensure the proper use of the range facilities. The Police Department's Rangemaster shall be in complete charge and control of all activities at the range during all qualification shoots and training sessions. The STATE shall designate a representative to serve as liaison to the police department Rangemaster regarding qualifying shoots, training sessions and serve on a range committee. A. All participants shall conduct themselves in accordance with Range Rules and Regulations as detailed in Exhibit B - Rules of the Range. B. Violations of range rules and regulations may result in immediate termination of range privileges or suspension of an individual officer. IV. The STATE shall supply and bear the cost of all necessary supplies or equipment necessary for shoots or training above those detailed in Schedule A. CONTRACTOR shall provide all necessary ammunition for twelve (12) officers to qualify each quarter at two attempts each. The STATE shall provide all ammunition needs beyond that. All expended ammunition brass remaining after qualifying shoots and training sessions shall become the sole property of the CONTRACTOR. V. STATE shall compensate the CONTRACTOR at the rate of $10.00 per shooter, per qualifying shoot or training session, based upon twelve (12) shooters per quarter, at two shoots each per quarter. Unless previously agreed upon, in advance, the STATE shall compensate the CONTRACTOR in the amount specified under this contract. It shall be the sole responsibility of the STATE to ensure that all shooters contracted arrive for all shoots and training sessions. STATE shall only be provided range usage for the number of shooters contracted for. STATE will be billed in arrears on a quarterly basis. CONTRACTOR shall have the right to renegotiate the rate for range usage and supplies provided under this contract at the end of each fiscal year for the ensuing fiscal year. Any rate change shall be agreed to in writing by both parties in the form of an amendment to this contract. 2004-219 California State University, San Bernardino EXHIBIT "A" City of San Bernardino Police Department, #SBCMP0000012631 Page 2 of 4 Pages VI. The STATE agrees to indemnify, defend and hold harmless the CONTRACTOR and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from STATE'S acts, errors, or omissions and for any costs or expenses incurred by the CONTRACTOR on account of any claim therefore, to the extent that it may legally do so and subject to the availability of funds. INSURANCE: In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the STATE shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: WORKER'S COMPENSATION: A program of Worker's Compensation Insurance or a State approved Self -Insurance Program in the amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000.00 limits. UOMF'HEHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE: This coverage to include contractual coverage and automobile liability coverage for owned, hired and non -owned vehicle. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,0000,000). Coverage shall take the form of an official insurance policy or a state approved self-insurance program. The CONTRACTOR agrees to indemnify and hold harmless the STATE and their authorized agents, officers, volunteers, and employees against any and all claims or actions arising from CONTRACTOR'S negligent acts or omissions and for any costs or expenses incurred by the CONTRACTOR on account of any claim therefore, to the extent that it may legally do so and subject to the availability of funds. VII. The term of this contract shall commence July 1, 2004 until canceled. This contract may be terminated at any time, with or without cause, by either party, upon written notice given to the other party at least thirty (30) days prior to the date specified for such termination. In the event of termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Vill. All notices required to be given under this contract shall be in writing and delivered to the other party by registered or certified mail, postage prepaid. The address of the parties hereto, until further notice, are as follows: STATE: California State University, San Bernardino ATTN: Director of Procurement 5500 University Parkway San Bernardino, CA 92407-2397 2004-219 California State University, San Bernardino City of San Bernardino Police Department, #SBCMP0000012631 4 Pages CONTRACTOR: City of San Bernardino Police Department Budget Officer P. O. Box 1559 San Bernardino, CA 92401-1559 10 EXHIBIT "A" Page 3 of The Chief of Police of the City of San Bernardino shall have the right to exercise the CONTRACTOR'S authority under this contract including the right to give notice of termination on behalf of the CONTRACTOR at his sole discretion. X. The STATE shall limit the use of CONTRACTOR'S range facilities to those personnel permanently assigned to the CSUSB, Public Safety. XI. This contract represents the full and complete understanding of the parties and supersedes all prior oral and written agreements or understandings between the parties. Any amendment to this contract shall be in writing, signed by both parties. 2004-219 California State University, San Bernardino City of San Bernardino Police Department, #SBCMP0000012631 4 Pages SCHEDULE A SUPPLIES AND SERVICES PROVIDED BY THE CITY OF SAN BERNARDINO POLICE 1. Targets (paper) 2. Frames 3. Staples and staple guns 4. Gun cleaning supplies and a designated area for gun cleaning 5. Classroom facilities (does not include supplies) 6. Ear Muffs 7. Safety Glasses EXHIBIT "A" Page 4 of 2004-219 California State University, San Bernardino EXHIBIT "B" City of San Bernardino Police Department, #SBCMP0000012631 Page 1 of 2 Pages RULES OF THE RANGE PURPOSE: To establish guidelines for proper conduct at, and safe use of, the City of San Bernardino Police Range Facility. POLICY: The Services Lieutenant or the designated Rangemaster is in complete charge of the pistol range at all times and is authorized to enforce all safety rules and regulations with complete authority to suspend any person or persons from use of the range, if he/she sees fit, for violation of any of the range procedures (rules). PROCEDURE: A. RULES 1. No person will enter the pistol range with a loaded weapon, unless the weapon is holstered. Weapons shall be unloaded immediately in the unloading tank. 2. Unholstered weapons being carried on the range will be carried with the cylinder open or the slide locked back, magazine removed. 3. Sign in on the range record sheet. No person shall sign for another nor make any entry for another on the record sheet. 4. Only authorized weapons and ammunition shall be fired on the range. 5. All weapons and ammunition are subject to safety inspection by the Rangemaster. 6. All weapons will be loaded only on command of the Rangemaster and only with the amount of ammunition ordered. 7. All dry firing will be done at the firing line with the weapon barrel pointed down range and under the supervision of the Rangemaster. 8. In case of a misfire or a jamb, keep weapon pointed down range, raise your free hand and the Rangemaster will assist you. 9. Unloaded weapons only on the firing line weapon barrel pointed down range. Never attempt to unload when anyone is forward of the firing line. 10. No one will stand forward of the red safety line or handle any weapon while anyone is down range. 11. Before removing weapons from the firing line, inspect and clear your weapons, holster or carry them with cylinders open or slides locked open, magazine removed. 2004-219 California State University, San Bernardino EXHIBIT 'B" City of San Bernardino Police Department, #SBCMP0000012631 Page 2 of 2 Pages 12. Cleaning of all weapons will be done at the designated area only. 13. No ammunition is to be taken to the cleaning area. 14. Cocking or cycling of weapons will be held to a minimum in the cleaning area, and only with the barrels pointing towards the block wall. 15. No firing on the range at anytime unless a qualified Rangemaster is present. 16. All persons shall wear the required protective devices whenever firearms ar being discharged. Required protective devices are: a. Ear Muffs: City Approved ear muffs shall be the only type authorized for use at the range. b. Ear Plugs: Ear plugs may be worn in addition to ear muffs. C. Safety Glasses: Safety glasses are protective eye devices. Officers may wear prescription glasses if they are safety glasses. Ear Muffs and safety glasses will be secured at the range and issued for use to authorized persons only. The Rangemaster, or a designated assistant, shall be responsible for checking out the required protective devices at the beginning of each shoot and for checking the devices in at the completion of each shoot. 17. All empty brass belonging to the department will be placed in the buckets provided for that purpose. 18. Trash, cigarette butts, etc., will be placed in the proper receptacles. 19. Persons bringing children to the range will see that they are seated in the very rear and that they remain there until the person is finished. They will be provided ear protection and shall wear it while shooting has commenced. 20. The tunnel will be used exclusively to change targets unless directed otherwise by the Rangemaster.