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Home My WebLink About1996-288 1 RESOLUTION NO. 96-288 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE OF THE CITY OF SAN BERNARDINO TO EXECUTE AN 3 AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO ALLOWING THE UNIVERSITY TO USE THE CITY OF SAN BERNARDINO POLICE 4 DEPARTMENT'S SHOOTING RANGE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION I. The Chief of Police of the City of San Bernardino is hereby authorized and 8 directed to execute, on behalf of the City of San Bernardino Police Department, an Agreement with 9 California State University, San Bernardino allowing said University to use the City of San 10 Bernardino Police Department's shooting range. A copy of said Agreement is attached hereto, 11 marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. 12 SECTION 2. The authorization to execute the above-referenced Agreement is rescinded 13 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this 14 Resolution. 15 I HEREBY CERTIFY that the foregoing Reso.lu!ion was duly adopted by the Mayor and ]01nt 16 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 17 /1/1 18 1/1 19 /1/1 20 /II 21 /II 22 /II 23 /II 24 1/1 25 /II 26 /II 27 1/1 28 1/1 HTC:ms[SBUniv.Res] 1 RES 96-288 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE OF THE CITY OF SAN BERNARDINO TO EXECUTE AN 2 AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO ALLOWING THE UNIVERSITY TO USE THE CITY OF SAN BERNARDINO POLICE 3 DEPARTMENT'S SHOOTING RANGE. 4 5 16ti'day of Septemb,,:tI. 996, by the following vote, to wit: 6 Council Members: A YES NAYS ABSTAIN ABSENT 7 NEGRETE 8 CURLIN x x 9 ARIAS 10 OBERHELMAN 11 DEVLIN x x x 12 ANDERSON x 13 MILLER x 14 15 ljOI7(Jha;hu mnCL, IJRfu1it City Clerk V 16 17 The foregoing Resolution is hereby approved thisff/~ay of Septemb,,:rt 996. 18 ~ --~ ' / ~ /(t41->()\.. Yom Minor, Mayor City of San Bernardino 19 20 21 Approved as to form 22 and legal content: 23 JAMES F. PENMAN, City Attorney 24 25 By: ~~t, f(~ 26 (J 27 28 HTC:ms[SBUniv.Res] 2 Rl'S 96-:288 S-:ATE OF CALIFORNiA STANDARD AGREEMENT- :~~~~~~~~:~:AL STD. 2 (REV.5-91) CONTRACT NUMBER W 967002 AM. NO. TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER 1st July 96 THIS AGREEMENT. made and entered into this day of .19_. in the State offCalifo..Irl,. af by and betw~~n.State. of California, through its duly elected or appointed. qualified and acting Trustees 0 the La I ornla State university TITLE OFQFFICER ACTING FOR STATE I AGENCY Procurement & Support Services Officer California State University, San Bernardino , hereafter called the State, and CONTRACTOR'S NAME CITY OF SAN BERNARDINO POLICE DEPARTMENT . hereafter called the Contractor. WIlNESSETH: That the Contractor for and in consideration of lhe covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by COn/raetor, amount to be paid Contractor, time for performanr:e or completion. and attach plans and specifications. if any.) Contractor agrees to the use of the San Bernardino City Police Department's firing range by California State University, San Bernardino Public Safety Department for a period of three years, July 1, 1996 through June 30, 1999. 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 the rate of $8.00 per officer, per qualifying shoot or training session, for a total amount not to exceed $768.00 per year. Contractor to be paid in arrears on a quarterly basis upon submission of invoices in duplicate to the Accounting Offio:e. California State University, San Bernardino, 5500 University Parkway. San Bernardino. CA 92407. Exhibit A, Exhibit B and the Nondiscrimination Clause. Exhibit C are hereby incorporated and made a part of this agreement. 7 -OVE R- CONTINUED ON SHEETS. EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constilUte a part of this agreement. IN WI1NESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY rus ees 0 e a I ornla a e nlverSI ifornia State University, San Bernardino CONTRACTOR (If other than an individual, slale whether a corporalion, partnership, elc.' City of San Bernardino Police Department PRINTED NAME~D TITLE OF PERSON SIGNING t.~ Vbi'F/JJ, CHIEF OF PDc.A LE ADDRESS ,OX San Bernardino. CA 92401-1559 FUND TITLE General n nTLE Procurement and Support Services Officer AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITlE) DOCUMENT 2 304.00 PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT $ (OPTIONAL USE) P0000008S32 $ ITEM TOTAL AMOUNT ENCUMBERED TO ,JATE $ 6610-001-001 CHAPTER STATUTE FISCAL YEAR 0162! 96/97 6-30-9 OBJECT OF EXPENDITURE (CODE AND TITLE) 1-16850-4500 $768.00 96/97 $768.00 98/99 I hereby certify upon my own personal knowledge that budgeted funds T.B.A. NO. are available for the period and purpose of the expenditure stated above. I SfGNATU OF ACCOUNTING OFFICER o STATE AGENCY o DEPT. OF GEN. SEA. o CONTROLLER 3T.4NDARD ,:.GREEMENT , iii.' 1.. :ll tr:ILtor J:!!'"t'C'S tu mdl'mnli'y. Ql'tl'lHl ;Jlld S;l\t harm il';';.., tilt: :'t::te, its officers, agents and emplo}'ees from ao\ lllC1 ;.iJ uaims and losst'~ ;:r!'ruin;~ nr i4'cultin'J; to <ln~ ~.lnd ~lU comracwro..;. suhcontrnctors, ;n;nt:1-'al;TH"n. L_dWl'l'rS :Jlld ~:n ," othl'r per~on, L;"Jn nr I."wpr.ration furnishing or slJppl,ving: wflrk sen'ices. mafcl'i:ods or <,;,uppiie~ in con nHtion \rHh tIle perfonnancc of ihi~ contruct. ~Jnd from any and all claims and ltlSSCS accruing or rcsuttioA to :'HIY r)i..'i'~'(Hl. firm or corporation who may be injun'd or damaged b)' the C\Jnlr~cwr in tile performance of this uJlltratt. The Contractor. and the ~:!.ents and t~mp!u:-i..'t'S oJ Contr:H:tol', in the performance of the a~ret:ment. shall ;,H.:t in an independent (.'apadty and not as officers or trnployt.'('s or aqent'i of State or California, .~. The State may terminatt.~ this J~rcement :1nci bt' relieved ol'thr pa~'ment of any consideration to Contractor should Contractor fajJ to perform the (,OHnant~ herein Lontained 3t the time and in the manner herein provided. In the eyent of slIch termination rhe St~lt{! may pro('ced with the ,\'ork in an)' manner deemed proner b\' the Statr, The cost to the :-;late s:h~H he <iedurt~'d from :my sum due the Contra(,~tor under this ~igret~m{'nt. J.nd the hal.mre, ij an~. sh~!il he p~1Jd tilt' C untraclOr upon demand: ~. \Yithout the "Titten consent of the ShIh'. rhi... iH,!.!'i'ellH:m !.<;; not ilssignablc b~' Contractor either in whole or in rart. . .. Time is of the t'SSt'TIl'C in this a~rNlmelH. {l. '\0 ~uh~ration or v:lriation or I lit tl'rm~ {\( tbis fO!1tr:rcr ::IWII be valid unless made in wriline- 3nd si~ned b~' the n:.lrties IH:fCro. ~HH! no ural ander\:tHHl!n',.~ nr a~re{'mt'[Jt riot incorporated herein. shall bt.' binding on '~:;Y oi th!! r:1rtil'S IH:rl'to. 1'1i'.' ~'~lnSIOl:ration tD De paj(l f.',jntranor. ~l-'i uronfit'(1 herein. shalt he in rompcnsmion for all of ~.'ontr:..lctor'..: <..''li:Pl'JlS('s incurn>(t \;1 J;'f" -:.\i..Tform:lllct' ;;t'l"I-.'oL inl'judin~ tr:l....el and fwr diem. unless i1tht'rwi:.l' t'\:pressi: .':q pro'.;idu!. 8. All contracts in excess of $10,000.00 will be subject to the examination and audit of the Auditor General for a period of three years after final payment under this contract. 9. By signing of this contract, the Contractor does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal Court which orders Contractor to comply with an order of the National Labor Relations Board. 10. Contractor's performance will be evaluated by the University upon completion of the project and a Contract/Contractor Evaluation, Std. Form 4, will be prepared and retained on file for any contract in excess of $10,000.00. 11. In addition to the right of the State to terminate for cause as provided under the terms of paragraph #3 of Standard Agreement Form 2, either party may terminate the agreement without cause with thirty (30) day's written notice. 9161014 ~s 96-?88 California State University, San Bernardino City of San Bernardino Police Department, #W 967002 EXHIBIT "A" 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 therefor, 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. 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 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 therefor, to the extent that it may legally do so and subject to the availability of funds. VII. The term of this contract shall be for a period of time commencing on July 1, 1996 and terminating on June 30, 1999. Notwithstanding the foregoing, 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, are as follows: STATE: California State University, San Bernardino ATTN: Procurement Officer 5500 University Parkway San Bernardino, CA 92407-2397 RES 96-288 California State University, San Bernardino City of San Bernardino Police Department, #W 967002 EXHIBIT "A" Page 3 of 4 Pages CONTRACTOR: City of 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 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. RES 96-288 California State University, San Bernardino City of San Bernardino Police Department, #W 967002 EXHIBIT "A" Page 4 of 4 Pages SCHEDULE A SUPPLIES AND SERVICES PROVIDED BY THE CITY OF 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) 6. Ear Muffs 7. Safety Glasses RES 96-288 California State University, San Bernardino City of San Bernardino Police Department, #W 967002 EXHIBIT "B" 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. s. 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. 12. Cleaning of all weapons will be done at the designated area only. RES 96-288 , . California State University, San Bernardino City of San Bernardino Police Department, #W 967002 EXHIBIT "B" Page 2 of 2 Pages 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 wi II 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. RES 96-288 California State University, San Bernardino City of San Bernardino Police Department, #W 967002 EXHIBIT "(" Page 1 of 1 NONDISCRIMINATION CLAUSE (OCP-1) 1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.J and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. Std. 17A (NEW 5-83)