HomeMy WebLinkAbout1988-339
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RESOLUTION NO.
88-339
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH EUGENE R. HENRIKSEN, RELATING TO
4 POLICE FIREARMS TRAINING, AND REPEALING RESOLUTION NO. 88-62.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
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execute on behalf of said City an Agreement with Eugene R.
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Henriksen, relating to police firearms training, which agreement
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is attached hereto, marked Exhibit" A", and incorporated herein
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by reference as fully as though set forth at length.
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SECTION 2. Resolution No. 88-62 is hereby repealed.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a __E~~~~~~__
meeting thereof, held on the
6th
day of
September
, 1988, by the following vote, to
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wit:
AYES:
Council Members Estrada, Flores, Maudsley,
Minor, Pope-L~dlam, Miller
NAYS:
None
ABSENT:
Council Membe~-Beilly
~??~~M_
City -Clerk
The foregoing resolution
of September, 1988.
this 7cA..j day
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Approved as to form
a legal .!~ntent:
.,,~~
'ty Attorney
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HE/dys 28
8/11/88
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EXHIBIT "A"
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A G R E E MEN T
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(Police Firearms Training Consultant)
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THIS AGREEMENT is made and entered into this ~~~~' day of
~~____, 1988, by and between the CITY OF SAN BERNARDINO, a
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municipal corporation, hereinafter called "City", and EUGENE R.
HENRIKSEN, an individual, hereinafter called "Consultant".
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City and Consultant agree as follows:
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1. Recitals.
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(a) The San Bernardino Police Pistol Range is located
at Perris Hill Park, San Bernardino, California.
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(b) Ci ty 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
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2 covenants hereinafter mentioned to be made and performed by the
3 City and Consultant, the City retains Consultant and Consultant
4 agrees to perform the consulting activities provided herein.
5 3. Duties of Consultant.
6 Consultant shall provide the following services:
7 (a) Perform firearms training for all San Bernardino
8 police officers, including the enforcement of the range safety
9 rules and regulations.
10 (b) Sell range permits for prescribed fees to all
11 qualified persons, maintain records thereof, account for all
12 receipts therefrom, and pay said funds collected to the City
13 Treasurer.
14 (c) Conduct regular firearms qualifications training
15 programs .on Mondays and Thursdays of each week for City police
16 officers. In the event a Monday or Thursday falls on a legal
17 holiday, then said training shall be conducted on the next
18 regular business day.
19 (d) Maintain records of each police officer's
20 proficiency with firearms, and submit a listing, on request of
21 the Chief of Police, of all police officers who are unable to
22 qualify or who are not participating in the firearms training
23 program.
24 (e) Maintain an inventory and an adequate supply of
25 ammunition, targets and other miscellaneous supplies necessary to
26 conduct the firearms training program and to maintain the range.
27 Additional supplies shall be provided by City as needed without
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charge therefor. An itemization of said supplies to be furnished
is attached hereto, marked Exhibit "1" and incorporated herein by
reference. Consultant shall furnish and bear the cost of any
other items or services needed.
(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 (3) years after the termination of this
agreement.
4. Payment by City.
City shall pay Consultant as and for all of his services to
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2 be rendered hereunder, the sum of ONE THOUSAND NINE HUNDRED
3 EIGHTY DOLLARS ($1,980.00) per month. Consultant shall submit a
4 claim or demand for each monthly payment, and City shall pay
5 Consultant's said bills promptly within the period of time City
6 normally uses for processing said claims.
7 5. Hours of Performance.
8 Consultant shall devote a minimum of 173 hours per month in
9 the performance of his duties hereunder. Consul tant shall
10 schedule his own hours, to be compatible with other departmental
11 use of the facility. Notwithstanding the foregoing, Consultant
12 shall devote all hours necessary to the project to insure
13 adequate performance hereunder. Consultant shall be permitted to
14 abstain from performance of services for a period of no more than
15 seven (7) days during anyone year period with City's approval.
16 City shall deduct a pro rata share of Consultant's compensation
17 for any such periods when no services are performed.
18 6. Term.
19 This agreement shall be for a period of one year,
20 commencing July 1, 1988, and ending July 1, 1989.
21 7. Unilateral Termination.
22 This agreement may be terminated by either party by giving
23 thirty (30) days written notice to the other, and this agreement
24 shall terminate forthwith thirty (30) days following the date
25 said written notice is given.
26 8. Consultant's Professional Status.
27 Consultant accepts the relationship of trust and
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2 confidence to be established between him and City. Consultant
3 covenants with City that he will exercise his best professional
4 skill and judgment in furthering the interest of City. It is
5 hereby agreed that City shall not have the right to supervise or
6 direct Consultant with respect to his performance of the
7 provisions of this agreement and that Consultant shall be at all
8 times herein an independent contractor and not an employee or
9 agent of City.
10 9. Assignability.
11 The experience, skill and expertise of Consultant is of
12 the essence of this agreement. Consultant shall not assign
13 (whether by assignment or novation) this agreement or delegate
14 his duties hereunder in whole or in part or any right or interest
15 hereunder without the prior written consent of City. Any
16 assignment or attempt to assign this agreement without such prior
17 written consent or by operation of law shall constitute cause for
18 termination.
19 10. All premises shall be open to inspection by City at any
20 and all times; premises are City property, and Consultant shall
21 have no expectations of privacy as to any portion thereof.
22 11. Amendment.
23 This agreement may be amended or modified only by written
24 agreement signed by both parties and failure on the part of
25 either party to enforce any provisions of this agreement shall
26 not be construed as a waiver of the right to compel enforcement
27 of such provision or provisions.
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2 12. Hold Harmless Agreement.
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Consultant hereby agrees to, and shall, hold City, its
4 elective and appointive boards, commissions, officers, agents and
5 employees, harmless from any liability for damage or claims for
6 damage for personal injury, including death, as well as from
7 claims for property damage which may arise from Consultant's
8 operations under this agreement. Consultant agrees to, and shall,
9 defend and indemnify City and its elective and appointive boards,
10 commissions, officers, agents and employees from any claims,
11 suits, or actions at law or in equity for damages caused or
12 alleged to have been caused by reason of Consultant's performance
13 hereunder including any claims that may arise against City by
14 reason of Consul tant' s legal relationship wi th Ci ty being
15 categorized as other than that of an independent contractor.
16 13. Notices.
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All notices herein required shall be in writing, and
18 delivered in person or sent by certified mail, postage prepaid,
19 addressed as follows:
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City
Consultant
City of San Bernardino
c/o Chief of Police
P. O. Box 1559
San Bernardino, CA 92401-1559
Eugene R. Henriksen
3126 Yuma
Highland, CA 92346
/ / /
/ / /
/ / /
/ / /
/ / /
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RE: RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
EUGENE R. HENRIKSEN, RELATING TO POLICE FIREARMS TRAINING,
AND REPEALING RESO. NO: 88-62.
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2 IN WITNESS WHEREOF, the parties hereto have executed this
3 Agreement on the date first hereinabove written.
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ATTEST:
Cl OF, SAN BER:ARDI~O . .
BytfAh~J }I ~
yor .
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~$?~~~
'Ci ty Clerk
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10 Approved as to form
an legal con ent:
HE/dys 28
8-11-88
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HE/dys 28
8-11-88
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EXHIBIT "1"
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SUPPLIES TO BE FURNISHED BY CITY TO CONSULTANT
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1_ Reloaded .38 calibre pistol cartridges;
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2. 12 gauge shotgun shells;
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3. .38 calibre shell casings (once fired);
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4. Other ammunition deemed by the parties to be essential;
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5. 25-yard rapid fire pistol targets, Model B-13;
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6. Small silhouette targets, Model T-50;
7. Large silhouette targets, Model 3242;
8. 25-yard rapid fire target centers, Model B-15;
9. Target posters;
10. Redwood lathes for target frames;
11. Weapons cleaning solvent;
12. .38 calibre and 12 gauge shotgun patches;
13. Cleaning rods, brushes, tips, and the like;
14. Staple guns and staples;
15. Miscellaneous supplies for range maintenance, e.g.,
soap, towels, small tools, electricity, natural gas,
water, telephone service, gasoline and oil;
16. Use of compact pick-up truck (Courier) and necessary
fuels and maintenance for its operation solely in
relation to consultant's performance pursuant to
this agreement.
ALL SUPPLIES AND ITEMS LISTED HEREIN NOT USED OR CONSUMED
IN THE PERFORMANCE OF CONSULTANT'S DUTIES PURSUANT TO THIS
AGREEMENT SHALL BE AND REMAIN THE PROPERTY OF THE CITY OF SAN BERNARDINO.
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