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Home My WebLink About1998-341 RESOLUTION NO.98-341 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN 3 BERNARDINO TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ALLOWING THE DISTRICT TO USE THE CITY OF SAN 4 BERNARDINO POLICE DEPARTMENT'S FIRING RANGE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 8 9 10 11 12 13 14 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 San Bernardino City Unified School District allowing said District 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 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. 15 /1/ 16 /1/ 17 /1/ 18 /1/ 19 /1/ 20 /1/ 21 /1/ 22 /1/ 23 /1/ 24 /1/ 25 /1/ 26 /1/ 27 /1/ 28 . 98-341 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN 2 BERNARDINO TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ALLOWING THE DISTRICT TO USE THE CITY OF SAN 3 BERNARDINO POLICE DEPARTMENT'S FIRING RANGE. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a ioint reaular meet in 6 thereof, held on the 21st 7 COUNCIL MEMBERS: 8 ESTRADA 9 LIEN 10 VACANT - 3rd Ward II SCHNETZ 12 DEVLIN 13 ANDERSON 14 MILLER IS 16 17 day of December , 1998, by the following vote, to wit AYES NAYS ABSTAIN ABSENT x x x x x -- x ~<k-,(d h. ~~~ CITY CLERK 18 19 20 21 , 1998, The foregoing Resolution is hereby approved thi np.....~mh,p.r 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 26 27 28 J (1 . .,.. , i/<2~ ,98-341 . /,,/i..url/I,/ !/ /' ."./' , . STANDARD AGREEMENT AGENCY: San Bernardino City Unified School District CONTRACTOR: San Bernardino Police Department, San Bernardino County, California The AGENCY shall make use of the weapons firing range four (4) times per contractual year, at approximate three (3) month intervals. The AGENCY shall be provided access to the range as many times as required to ensure that all agency law eilforcement 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 Police Department, Rangemaster. Available range facilities shall include, and is limited to the following: Pistol range, rifle range, and combat shooting course. II CONTRACTOR shall provide a rangemaster who shall coordinate with the AGENCY to ensure the proper use of the range facilities, III 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 AGENCY shall designate a representative to serve as liaison to the police department's 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 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 officer. 1 L __________ , . ,98-341. IV The AGENCY shall supply and bear the cost of all supplies or equipment necessary for shoots or training above those detailed in Schedule A. CONTRACTOR shall provide all necessary ammunition for officers to qualify each quarter at two attempts each, The AGENCY 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 The AGENCY shall compensate the CONTRACTOR at the rate of $10.00 per shooter, per qualifying shoot or training session, at three shoots each quarter. Unless previously agreed upon, in advance, the AGENCY shall compensate the CONTRACTOR in the amount specified under this contract. It shall be the sole responsibility of the AGENCY to ensure that all shooters contracted arrive for all shoots and training sessions. The AGENCY shall only be provided range usage for the number of shooters contracted for. The AGENCY will be billed in arrears on a quarterly basis. The 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. VI The AGENCY 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 the AGENCY'S acts, errors, or omissions and for any costs or expenses incurred by the CONTRACTOR on account of any claim therefor, 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 AGENCY 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-Insured 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 limits. COMPREHENSIVE, 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 2 , 98-341 damage of not less than one million dollars ($1,000,000), 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 AGENCY and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from CONTRACTOR'S negligent acts or omissions on account of any claim therefor, to the extent that it may legally do so, VII 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. VIII 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, is as follows: AGENCY: San Bernardino City Unified School District 777 N, F Street San Bernardino, CA 9240177 CONTRACTOR: San Bernardino Police Department Budget Officer P.O. Box 1559 San Bernardino, CA 92401-1559 IX 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 AGENCY shall limit the use of CONTRACTOR'S range facilities to those personnel permanently assigned to the AGENCY, 3 .' .t .98-341 . 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, SCHEDULE A SUPPLIES AND SERVICES PROVIDED BY THE SAN BERNARDINO POLICE DEPARTMENT: 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) Robert W, Mur h Name of Person Signing Judith Valles. Mayor Name of Person Signing ARRiRtant Superintendent Title Business Services Division Mayor Title 777 N "'Fit ~""rppt" J ~;:m Rprn.qrdino 92410 Address 300 North "D" Street San Bernardino, California 92418 Approved as to form and legal content: JAMES F. PENMAN City Attorney Bt_A 7. f?:~ '/ 4