HomeMy WebLinkAbout1988-062
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RESOLUTION NO.
88-62
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH EUGENE R. HENRIKSEN, RELATING TO
POLICE FIREARMS TRAINING, AND REPEALING RESOLUTION NO. 87-344.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City an Agreement with Eugene R.
Henriksen, relating to police firearms training, which agreement
is attached hereto, marked Exhibit "A", and incorporated herein
by reference as fully as though set forth at length.
SECTION 2. Resolution No. 87-344 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
meeting thereof, held on the
regular
15 7th day of
16 to wit:
, 1988, by the following vote,
March
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Council Members F.~trt=lc1t=1 J F'l ()rp~. M~lln 1 ~l;;JY.
AYES:
Minor, Miller
None
NAY S :
ABSENT:
Council Members Reilly, Pcpe-Ludlam
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City Clerk
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Resa: Police Firearms Training
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1 The foregoing resolution is hereby approved this teL day
2 of
March
, 1988.
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Miiyo-r of the City of San Bernardino
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5 Approved as to form
and legal content:
6 '}
,. ;~t;1/v~y 1_J!/11/IA~
C1lty Attorney
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,
A G R E E MEN T
(Police Firearms Training Consultant)
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~, THIS AGREEMENT is made and entered into this ,c,f1:':V'day of
/Jw)J
, 1988, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City", and EUGENE R.
HENRIKSEN, an individual, hereinafter called "Consultant".
City and Consultant agree as follows:
1. Recitals.
(a) The San Bernardino Police Pistol Range is
located at perris Hill Park, San Bernardino, California.
(b) City desires to retain a firearms training
consultant to review its operations, make recommendations
concerning operations and, as an incident thereof, to train
police officers, and review, establish and enforce safety rules
and regulations at the San Bernardino Police Pistol Range; it is
understood by the parties hereto that Consultant's training and
managerial activities provided hereunder will be invaluable in
formulating his written recommendations.
(c) Consultant has expertise in all phases of small
arms range operations and firearms marksmanship training.
(d) Consultant's services are retained to provide to
City's police officers, police reserves, and others, the benefits
of a skilled instructor/consultant.
2. General. For and in consideration of the compensation
and covenants hereinafter mentioned to be made and performed by
the City and Consultant, the City retains Consultant and
Consultant agrees to perform the consulting activities provided
herein.
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1 3. Duties of Consultant. Consultant shall provide the
2 following services:
3 (a) Perform firearms training for all San Bernardino
4 police officers, including the enforcement of the range safety
5 rules and regulations.
6 (b) Sell range permits for prescribed fees to all
7 qualified persons, maintain records thereof, account for all
8 receipts therefrom, and pay said funds collected to the City
9 Treasurer.
10 (c) Conduct regular firearms qualifications training
11 programs on Mondays and Thursdays of each week for City police
12 officers. In the event a Monday or Thursday falls on a legal
13 holiday, then said training shall be conducted on the next
14 regular business day.
15 Cd) Maintain records of each police officer's
16 proficiency with firearms, and submit a listing, on request of
17 the Chief of Police, of all police officers who are unable to
18 qualify or who are not participating in the firearms training
19 program.
20 (e) Maintain an inventory and an adequate supply of
21 ammunition, targets and other miscellaneous supplies necessary to
22 conduct the firearms training program and to maintain the range.
23 Additional supplies shall be provided by City as needed without
24 charge therefor. An itemization of said supplies to be furnished
25 is attached hereto, marked Exhibit "A" and incorporated herein by
26 reference. Consultant shall furnish and bear the cost of any
27 other items or services needed.
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(f) Schedule shoots for civilian clubs and insure
the availability of the range for public use when the range is
not being used for police training or qualifications.
(g) Provide City with monthly written reports which
review the procedures and operations of the range and make
specific recommendations for the improvement of the rules,
regulations and operations thereof.
(h) Maintain the lawn and grounds area in an
acceptable condition to City.
(i) Consultant shall maintain and keep adequate
books and records on a current basis recording all time and
monies extended by him in a form satisfactory to City and in
accordance with generally accepted accounting principles. Said
books and records and all supporting details shall be made
available to City for purposes of audit at all reasonable times
and places. All such periods of time as required by law;
provided, however, notwithstanding any shorter periods of
retention, all books, records and supporting details shall be
maintained for a period of at least three years after the
termination of this agreement.
4. Payment by City. City shall pay Consultant as and for
all of his services to be rendered hereunder, the sum of Eighteen
Hundred Dollars ($1,800.00) per month. Consultant shall submit a
claim or demand for each monthly payment, and City shall pay
Consultant's said bills promptly within the period of time City
normally uses for processing said claims.
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1 5. Hours of Performance. Consultant shall devote a
2 minimum of 173 hours per month in the performance of his duties
3 hereunder. Consultant shall schedule his own hours, to be
4 compatible with other departmental use of the facility.
5 Notwithstanding the foregoing, Consultant shall devote all hours
6 necessary to the project to insure adequate performance
7 hereunder. Consultant shall be permitted to abstain from
8 performance of services for a period of no more than seven days
9 during anyone year period with City's approval. City shall
10 deduct a pro rata share of Consultant's compensation for any such
11 periods when no services are performed.
12 6. Term. This agreement shall be for a period of one
13 year, commencing July 1, 1987, and ending July 1, 1988.
14 7. Unilateral Termination. This agreement may be
15 terminated by either party by giving thirty days' written notice
16 to the other, and this agreement shall terminate forthwith thirty
17 days following the date said written notice is given.
18 8. Consultant's Professional Status. Consultant accepts
19 the relationship of trust and confidence to be established
20 between him and City. Consultant covenants with City that he
21 will exercise his best professional skill and judgment in
22 furthering the interest of City. It is hereby agreed that City
23 shall not have the right to supervise or direct Consultant with
24 respect to his performance of the provisions of this agreement
25 and that Consultant shall be at all times herein an independent
26 contractor and not an employee or agent of City.
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1 9. Assignabilitv. The experience, skill and expertise of
2 Consultant is of the essence of this agreement. Consultant shall
3 not assign (whether by assignment or novation) this agreement or
4 delegate his duties hereunder in whole or in part or any right or
5 interest hereunder without the prior written consent of City.
6 Any assignment or attempt to assign this agreement without such
7 prior written consent or by operation of law shall constitute
8 cause for termination.
9 10. All premises shall be open to inspection by City at
10 any and all times; premises are City property, and Consultant
11 shall have no expectations of privacy as to any portion thereof.
12 11. Amendment. This agreement may be amended or modified
13 only by written agreement signed by both parties and failure on
14 the part of either party to enforce any provisions of this
15 agreement shall not be construed as a waiver of the right to
16 compel enforcement of such provision or provisions.
17 12. Hold Harmless Agreement. Consultant hereby agrees to,
18 and shall, hold City, its elective and appointive boards,
19 commissions, officers, agents and employees, harmless from any
20 liability for damage or claims for damage for personal injury,
21 including death, as well as from claims for property damage which
22 may arise from Consultant's operations under this agreement.
23 Consultant agrees to, and shall, defend City and its elective and
24 appointive boards, commissions, officers, agents and employees
25 from any suits or actions at law or in equity for damages caused
26 or alleged to have been caused by reason of Consultant's
27 performance hereunder including any claims that may arise against
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1 City by reason of Consultant's legal relationship with City being
2 categorized as other than that of an independent contractor.
3 14. Notices. All notices herein required shall be in
writing, and delivered in person or sent by certified mail,
City
City of San Bernardino
c/o Chief of Police
P. O. Box 1559
San Bernardino, CA 92401-1559
Consultant
Eugene R. Henriksen
3126 Yuma
Highland, CA 92346
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10 IN WITNESS WHEREOF, the parties hereto have executed this
11 Agreement on the date first hereinabove written.
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5 postage prepaid, addressed as follows:
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ATTEST:
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City Clerk
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Approved as to form
20 and legal content:
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1-27-88
By
BERNARDINO
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