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HomeMy WebLinkAbout2002-321 ,'. 1 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. 2002-321 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT ALLOWING THE DISTRICT 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 I: That the Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City of San Bernardino, an Agreement with the San Bernardino Community College District allowing said District to use the City of San Bernardino Police Department's firing range, a copy of which is attached hereto and incorporated herein by reference as fully as though set forth at length. SECTION 2: The authorization granted hereunder shall expire and be void and 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. III III III III III III III III ~ 1 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 2002-321 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT ALLOWING THE DISTRICT 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 it. regular meeting thereof, held on the ~ day of October , 2002, by the following vote, to wit: Council Members ESTRADA LIEN McGINNIS DERRY SUAREZ ANDERSON McCAMMACK Ayes Nays ----"-- x x x x ----"-- x Abstain Absent ~,b~ Ity Clerk The foregoing resolution is hereby approved this /071/ day of October, 2002. r S;;;r%~ Esther Estrada, Mayor Pro Tern City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney , ~ BY: '.&lnv~9 J::::-r~ ,- 2002-321 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT CONCERNING THE DISTRICT'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE DISTRICT: San Bernardino Community College District CITY: City of San Bernardino, California I The District shall make use of the weapons firing range at approximate (6) month intervals. The District shall be provided access to the range as many times as required to ensure that all San Bernardino Valley College Extended Basic Academy Trainees 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 Department Rangemaster (hereinafter refen'ed to as "Rangemaster"). A vaiJable range facilities shall include, and is limited to the following: Pistol range, rifle range, and combat shooting course. II CITY shall provide a Rangemaster who shall coordinate with the District to ensure the proper use of the range facilities. III The Rangemaster shall be in complete charge and control of all activities at the range during all qualification shoots and training sessions. The District shall designate a representative to serve as liaison to the police department's Rangemaster regarding qualifying shoots, training sessions and service on a range committee. A. All participants shall conduct themselves in accordance with Range Rules and Regulations as detailed in the San Bernardino Police Department's Standard Operating Procedure Manual, Section #37; Procedure #1. B. Violations of Range Rules and Regulations may result in immediate termination of range privileges or suspension of an individual trainee. I 2002-321 '. AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT CONCERNING THE DISTRICT'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE IV The DISTRICT shall supply and bear the cost of all supplies or equipment necessary for shoots or training other than those detailed in Schedule A. Trainees shall provide all necessary ammunition for training and qualifying. All expended ammunition brass remaining after qualifying shoots and training sessions shall become the sole property of the CITY. v The DISTRICT shall compensate the CITY at the rate of $5.00 per shooter, per qualifying shoot or training session day. Unless previously agreed upon, in advance, the DISTRICT shall compensate the CITY in the amount specified under this Agreement It shall be the sole responsibility of the DISTRICT to ensure that all shooters contracted arrive for all shoots and training sessions. The DISTRICT shall only be provided range usage for the number of shooters contracted for. The DISTRICT will be billed in arrears on a quarterly basis. The CITY shall have the right to renegotiate the rate for range usage and supplies provided under this Agreement 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 Agreement VI The DISTRICT agrees to indemnify, defend and hold harmless the CITY and its authorized agents, elected officials, officers, attorneys, volunteers, and employees against any and all claims or actions arising from the DISTRICT's acts, errors, or omissions and for any costs or expenses incurred by the CITY on account of any claim therefore, to the extent that it may legally do so. INSURANCE: In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the DISTRICT shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: WORKER' S COMPENSATION: A program ofW orker' s Compensation Insurance or a State approved Self-Insured Program in the amount and fonn to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits. COMPREHENSIVE. GENERAL AND AUTOMOBILE LIABILITY INSURANCE: This coverage to include contractual coverage and automobile liability coverage for owned, hired and now-owned vehicle. The policy shall have combined single limits for bodily injury and property damage of not less than one millions dollars ($1,000,000). Coverage shall take the form of an official insurance policy or a state 2 2002-321 '. AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT CONCERNING THE DISTRICT'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE approved self-insurance program. District shall furnish certificates of insurance or self-insurance and certified copies of all policies and endorsements to the Risk Management Department evidencing the insurance coverage above required, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Risk Management Department, and shall maintain such insurance during the term of this Agreement All policies, with respect to the insurance coverage above required, except for the Workers Compensation insurance coverage, shall obtain additional endorsements naming the CITY and all parties represented under this Agreement, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the CITY or other parties represented under this Agreement The CITY agrees to indemnify and hold harmless the DISTRICT and its authorized agents, elected officials, otllcers, volunteers and employees against any and all claims or actions arising from CITY's negligent acts or omissions on account of any claim therefore, to the extent that it may legally do so. VII This Agreement 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 discharg.: 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. VlII All notices required to be given under this Agreement shall be in writing and delivered to the other party by registered or certified mail, postage prepaid. The address ofthe parties hereto, until further notice, is as follows: DISTRICT: San Bernardino Community College District 441 S. Del Rosa Avenue San Bernardino, CA 92408 3 ", 2002-321 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT CONCERNING THE DISTRICT'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE CITY: Chief of Police 710 North "D" Street San Bernardino, CA 92401 IX The Chief of Police of the City of San Bernardino shall have the right to exercise the CITY's authority under this Agreement including the right to give notice of termination on behalf of the CITY at his sole discretion. x The DISTRICT shall limit the use of CITY's range facilities to those trainees enrolled in the San Bemardino Valley College Extended Basic Law Enforcement Academy. Xl This Agreement 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 Agreement shall be in writing, signed by both parties. City of San Bernardino San Bernardino Community College District Raymond G. Eberhard, Business Manager Signature: ~",M Date: /t!/lld J Esther Estrada, Mayor Pro Tern Signature:~~ Date: /0- 10 - 0;). Approved as to form and legal content. JAMES F PENMAN, City Attomey n t: !... y? By: lJ'....<-<. 9. c~, II J 4 " "" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT CONCERNING THE DISTRICT'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE SCHEDULE A SUPPLIES AND SERVICES PROVIDED BY THE SAN BERNARDINO POLICE DEPARTMENT: I. 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) 5