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HomeMy WebLinkAbout23-Police Department "\ oM .r" ." CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zimmon, Chief of Police Dept: Police Department 0 hI' \0,,, I" "l~ L Date: September 16, 2002 Subject: Resolution of the Mayor and Common Council of the aty of San Bernardino authorizing the Mayor to execute an agreement with the San Bernardino Community College District allowing the District to use the aty of San Bernardino Police Department's firing range. Synopsis of Previous Council Action None. Recommended Motion: 1. Adopt resolution. ~~ MICHAEL BILLDT, ASSISTANT OiIEF OF POLICE Contact person: Lieutenant Jeff Breiten Phone: 384-5690 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: None. Source: Council Notes: Finance 12t~i! -zcxJ2--:3 Z- \ Agenda Item No. a3 'D'1Io~ ;0. .'. . J. '., CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT 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. BACKGROUND The City of San Bernardino has entered into agreements with the California State University and San Bernardino Unified School District to utilize the San Bernardino Police Department's pistol range. The San Bernardino Community College District also wishes to contract for the use of our range facility. Students attending the extended basic academy would utilize the range only twice a year as part of the basic academy curriculum. The San Bernardino Community College District agrees to compensate the San Bernardino Police Department a fee of$5.00 per officer, per qualifYing shoot or training session day. The Police Department is responsible for the day-to-day operations of the firing range and the Chief of Police has supervision responsibility over the range and the personnel responsible for its operation. FINANCIAL IMPACT The net financial impact on the General Fund as a result of this agreement is an increase in revenues of approximately $2,500 in a twelve-month period. Minimal costs associated with the contract will be absorbed in the Police Department's budget. RECOMMENDATION I. Adopt resolution. 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 RESOLU-@@.rPi~l-321 l 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 f r ""'" r '- c 6 7 8 9 10 11 12 13 14 15 16 17 18 19 .20 21 22 23 24 25 26 27 28 1 2 3 4 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. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2002, by the following vote, to wit: Council Members Am ~ Abstain Absent ESTRADA LIEN McGINNIS DERRY SUAREZ ANDERSON McCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of ,2002. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney /\ ,..., , Y';, BY: ~ J~."........ ( v f r '-' r '-' r '-" 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 Rangernaster (hereinafter referred to as "Rangemaster"). Available 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. ill 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. 1 f r '-' r "'" c .> 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 penhooter, 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 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 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 r '- r "'" c 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 Manageinent 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, officers, 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 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 Agreement 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: DISTRICT: San Bernardino Community College District 441 S. Del Rosa Avenue San Bernardino, CA 92408 , ~ ~ ~ . t '- r '- r '"" ... AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT CONCERNING THE DISTRICT'S USE OF THE CITY POllCE 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 Bernardino Valley College Extended Basic Law Enforcement Academy. XI 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 Judith Valles, Mayor Raymond G. Eberhard, Business Manager Signature: Signature: Date: Date: Approved as to form and legal content. JAMES F. PENMAN, City Attorney n If- By: ~~ 9. C"~ tl 4 r- '- r '-" r \",,; AGREE~NT 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: 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) 5 ., ',' 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: \ s~ B_dmo C~" Coli", Di,,"" \ \ CITY: \ City of San Bernardino, calif~~ \ I The District shall make use of the we~s firing range at approximate (6) month intervals. The District shall be provided access to the rallge 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\~e shall take place during normal range operating hours, at times and dates specified by the San Bern dino City Department Rangemaster (hereinafter referred to as "Rangemaster"). Available range dlities shall include, and is limited to the following: \ " " Pistol range, rifle range, and combat shooting coui~. \ \ II \ \ \ CITY shall provide a Rangemaster who shall coordinate with the Di(;trict to ensure the proper use of the range facilities. \ III \ The Rangemaster shall be in complete charge and control of all activitie~ at the range during all qualification shoots and training sessions. The District shall designate a re~resentative 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 RuIes and Regulations as detailed in the San Bernardino Police Depart'htent'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 . :. IV The DISTRICT shall pply and bear the cost of all supplies or equipment necessary for shoots or training other than tho e detailed in Schedule A. Trainees shall provide all necessary ammunition. for training and qualif . ng. All expended ammunition brass remaining after qualifying shoots and training sessions shall ecome the sole property of the CITY. The DISTRICT shall comp nsate the CITY at the rate of $5.00 per shooter, per qualifying shoot or training session day. Unless reviously agreed upon, in advance, the DISTRICT shall compensate the CITY in the amount specI led under this Agreement. It shall be the sole responsibility of the DISTRICT to ensure that all s oters contracted arrive for all shoots and training sessions. The DISTRICT shall only be provid~range usage for the number of shooters contracted for. The DISTRICT will be billed in arrears a quarterly basis. The CITY shall have the right to renegotiate the rate for range usage and supplies rovided under this Agreement at the end of each fiscal year for the ensuing fiscal year. Any rate cHapge shall be agreed to in writing by both parties in the form of an amendment to this Agreement. \ V The DISTRICT agrees to indemnify, defend and old harmless the CITY and its authorized agents, elected officials, officers, attorneys, volunteers, an mployees against any and all claims or actions arising from the DISTRICT's acts, errors, or omissi s and for any costs or expenses incurred by the CITY on account of any claim therefore, to the ext t that it may legally do so. INSURANCE: In order to accomplish the indemnification rein provided for, but without limiting the indemnification, the DISTRICT shall secure and maintai throughout the term of the contract the following types of insurance with limits as shown: WORKER'S COMPENSATION: A program ofW ker's Compensation Insurance or a State approved Self-Insured Program in the ount and form to meet all applicable requirements of the Labor Code of the St te of California, including Employer's Liability with $250,000 limits. COMPREHENSIVE GENERAL AND AUTOMOBILE LI ILITY INSURANCE: This coverage to include contractual coverage and automobi liability coverage for owned, hired and now-owned vehicle. The policy shall have c mbined single limits for bodily injury and property damage of not less than 0 e millions dollars ($1,000,000). Coverage shall take the form of an official insur e policy or a state approved self-insurance program. District shall furnish certificates of insurance or self-insurance and certified copies of all policies and endorsements to the Chief of Police evidencing the insurance coverage above 2 ,. ~. . AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT CONCERNING THE DISTRICT'S USE OF THE CITY(OLICE DEPARTMENT'S FIRING RANGE required, which certifIcates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Chief of Police, and shall maintain such \ insurance during the term ofthis Agreement. \ All policies, with respect\o the insurance coverage above required, except for the Workers Compensation insurance ~verage, shall obtain additional endorsements naming the CITY and all parties represented j:mder 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 h~less the DISTRICT and its authorized agents, elected officials, officers, volunteers and employees~gainst any and all claims or actions arising from CITY's negligent acts or omissions on accoun\ of any claim therefore, to the extent that'it may legally do so. \ \ \. VII \. \ , This Agreement may be terminated at any time, with or \ithout cause, by either party, upon written notice given to the other party at least thirty (30) days prior~ the date specified for such termination. In the event of termination, each party shall fully pay and lijscharge all obligations in favor of the other accruing prior to the date of such termination, and ~ch party shall be released from all obligations or performance which would otherwise accrue su~equent to the date of termination. \ \ VIII \. \ \ All notices required to be given under this Agreement shall be in ~ing and delivered to the other party by registered or certified mail, postage prepaid. The address of ~e parties hereto, until further notice, is as follows: \ \ DISTRICT: San Bernardino Community College District 441 S. Del Rosa Avenue San Bernardino, CA 92408 CITY: Chief of Police 710 North "D" Street San Bernardino, CA 92401 \ \ \ \ \ \ \ \ \ \ ! 3 .... J. AGREEMENT BET THE SAN BERNA CONCERN CITYPOLIC EN THE CITY OF SAN BERNARDINO AND INO COMMUNITY COLLEGE DISTRICT G THE DISTRICT'S USE OF THE EPARTMENT'S FIRING RANGE IX The Chief of Police of the City of San Be authority under this Agreement including the CITY at his sole discretion. dino shall have the right to exercise the CITY's . ht to give notice of termination on behalf of the The DISTRICT shall limit the use of CITY's range fa ilities to those trainees enrolled in the San Bernardino Valley College Extended Basic Law Enforc ment Academy. XI This Agreement represents the full and complete understan~ng of the parties and supersedes all prior oral and written agreements or understandings between ~e parties. Any amendment to this Agreement shall be in writing, signed by both parties. \ City of San Bernardino San Bernar~o Community College District , Date: Date: Judith Valles, Mayor Raymond G. E erhard, Business Manager Signature: Approved as to form and legal content. JAMES F. PENMAN, City Attorney By: 4 ,< 1t1. '. AGREEMENT BET EN THE CITY OF SAN BERNARDINO AND THE SAN BERN RDINO COMMUNITY COLLEGE DISTRICT CONCE ING THE DISTRICT'S USE OF THE CITY PO ICE 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\!esignated area for gun cleaning 5. Classroom facilities (does nof~clude supplies) \ \ , \ , \ \ \ , \ \\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 5 t. OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san~bernardino.ca.us '" October 14,2002 Mr. Raymond G. Eberhard Business Manager San Bernardino Community College District 441 S. Del Rosa Avenue San Bernardino, CA 92408 Dear Mr. Eberhard, At the Mayor and Common Council meeting of October 7, 2002, the City of San Bernardino adopted Resolution 2002-321 - Resolution authorizing the Mayor to execute an agreement with the San Bernardino Community College District allowing the District to use the San Bernardino Police Department's firing range. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed and returned to the City Clerk's Office within 60 days, or by December 6, 2002. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely,. / :jJ[{el./l}-l... .::Jj (~'-- Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO A nllPTRn SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "0" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan-bernardino.ca.us 'M November 25, 2002 Mr. Raymond G. Eberhard Business Manager San Bernardino Community College District 441 S. Del Rosa Avenue San Bernardino, CA 92408 RE: San Bernardino Police Department's Firing Range Dear Mr. Eberhard, At the Mayor and Common Council meeting of October 7, 2002, the City of San Bernardino adopted Resolution 2002-321 - Resolution authorizing the Mayor to execute an agreement with the San Bernardino Community College District allowing the District to use the San Bernardino Police Department's firing range. On October 14, 2002, one (1) original agreement was sent to you for signatures, with the request that the executed original be returned to my attention. If the agreement has been signed, please return it to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402. Please be advised that the resolution and agreement will be null and void if not executed and returned to the City Clerk's Office by December 6, 2002. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Thank you, j J}L~iJ.4. ~{V'--- Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO .. nnvnm SUA. RRD V A.LUES: Inte2ritv . Accountabilitv . Respect for Human Dignity' Honesty ~ /~~ ~ \'~ ~ &'1/ ~i. SAN BERNARDINO COMMUNITY , COLLEGE DISTRICT 114 South Del Rosa Drive, San Bernardino, Ca., 92408 To Michelle Taylor: Enclosed is your copy of the agreement. The Business Manager has signed your copy as an authorize signer for the San Bernardino Community College District Board of Trustees. The Board of Trustees is the governing board for San Bernardino Valley College and Crafton Hills College. This contract will be ratified by the Board on November 21,2002 Thank You, Virginia P. (])iggt:e Virginia Diggle, Project Analyst, Business Services 909-382-4085 " .1'. .' , ,. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 10-')-0). Item # 'z.:~ Resolution # ?1XJZ:- 3'2-\ Vote: Ayes I-I") Nays k7 Abstain...(!} Absent ..e Change to motion to amend original documents: - Reso. # On Attachments: L Contract term:...... Note on Resolution of Attachment stored separately: -==--- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY Pr- Date Sent to Mayor: ,C:l-9-o:;>.- lenC:l--G d Date of Clerk/CDC Signature: 10 - 10 -0 d- Date of Mayor's Signature: NulllVoid After: <to D~ S 1-1~ - 0'). I By: Reso. Log Updated: Seal Impressed: v ,./ Date Memo/Letter Sent for Signature: 10 - \ 1\ --0 ~ I!~inder Letter Sent oll- ~nt~ day: \ \- ~-() >- 90 Day Reminder Letter Sent on 45th day: See Attached:'/ Date Returned: p. -3-6;2- See Attached: --- See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney ,/' Parks & Rec. Code Compliance Dev. Services Police Of'" Public Services Water Notes: Yes~ No Yes NO--L- Yes No ---L-. Yes No ~ Yes No --'-- EDA Finance MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: f).-tf-0:J- Revised 01112/0 I