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HomeMy WebLinkAbout2006-243 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. 2006-243 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO ALLOWING THE CALIFORNIA HIGHWAY PATROL TO USE THE CITY OF SAN BERNARDINO POLICE DEPARTMENT'S FIRING RANGE. 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, an Agreement with the California Highway Patrol, San Bernardino, allowing said California Highway Patrol Law Enforcement Officers 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. III III 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO ALLOWING THE CALIFORNIA HIGHWAY PATROL 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 i oint regular meeting , 2006, by the following vote, to wit: thereof, held on the 10th day of July Council Members Aves ESTRADA x BAXTER x McGINNIS -L- DERRY x KELLEY x JOHNSON -L- McCAMMACK x Abstain Absent Navs G?~/J-~ Rac I . Clark, City Clerk The foregoing resolution is hereby approved this I atJ\. day of July ,2006. '@{;o~;s:~r Approved as to form: BY: A. 'J .!("- JamO . Penman, City Attorney 2006-243 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE OF THE CITY P~ICE DEPARTMENT'S FIRING RANGE Page 1 of 4 Pages This AGREEMENT made and entered into this 10th day of July , 2006, in the State of California, by and between the State of California, through its duly elected or appointed, qualified Captain of the California Highway Patrol, hereafter called the State, and the City of San Bernardino, hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: I. The CONTRACTOR shall make available to the California Highway Patrol - San Bernardino use of the weapons firing range two (2) days per month during contractual year. Range use shall take place 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. II. STATE shall provide a Rangemaster who shall coordinate with the CONTRACTOR 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 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, ammunition or equipment necessary for shoots or training above those detailed in Schedule A. All expended ammunition brass remaining after qualifying shoots and training sessions shall become the sole property of the CONTRACTOR. V. It shall be the sole responsibility of the STATE to ensure that all shooters contracted arrive for all shoots and training sessions. 2006-243 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE 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. COMPREHNSIVE 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 ($1,000,000). 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 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 contact shall be for a period of time commencing on , 2006 and terminating on June 30, 2011. 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. This address of the parties hereto, until further notice, are as follows: STATE: California Highway Patrol - San Bernardino Attention: Lieutenant Ernest Sanchez #13424, Training Administrator 2211 Western Avenue San Bernardino, CA 92411-1243 2006-243 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE 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 California Highway Patrol - San Bernardino. XI. This contact 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. STATE OF CALIFORNIA CONTRACTOR California Hi Agency Citv of San Bernardino Contractor ~ James E. Szabo Ca tain Printed Name & Title of Person Signing Patrick J. Morris. Mavor Printed Name & Title of Person Signing 2006-243 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE Page 4 of 4 Pages SCHEDULE A SUPPLIES AND SERVICES PROVIDED BY THE CITY OF SAN BERNARDINO POLICE DEPARTMENT 2006-243 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE 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 misfire or a jam, 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. 2006-243 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE Page 2 of 2 Pages 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. 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 oersons shall wear the required protective devices whenever firearms are 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 compietion 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. 2006-243 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE OF THE CITY POLICE DEPARTMENT'S FIRING RANGE Page 1 of 1 Pages NONDISCRIMINATION CLAUSE (OCP01) 1. During the performance of this contract, contractor and is 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. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) 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 Codes, 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 of 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 contact.