HomeMy WebLinkAbout1987-344
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
RESQLUTION NO. 87-344
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH EUGENE R. HENRIKSEN RELATING
TO POLICE FIREAm1S TRAINING.
BE IT RESOLVED BY THE MAYOR AND CO~n~ON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City an Agreement with Eugene R. Henricksen relating to police
firearms training, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by -the Mayor and Common Council of the City of San
regular
mee-ting thereof,
Bernardino at a
held on the 21st
September
, 1987, by the
day of
following vote, to wit:
Council Members Estrada, Rei:tly, Flores,
AYES:
Maudsley, Minor, Pope-Ludlam, Miller
None
NAYS:
None
ABSENT:
~;t:%;fk?l~;{~0
./ Ci ty Clerk
9-17-87
I The foregoing resolution is hereby approved this ,,:;<'~2j;c,( day
2 of
September
, 19~1~:'
~;r':;'> I / ./'
,:)' I // // \ (f"" A,,' <,</, ,
/l/"~"! ./ ..,f ;.>/ ./{~~" ~.~ '-' ,_/.. 7:--
\.- ,<....AL.,....i;i,L. ",'
Mayor of the City of San Beinardino
3
4
5 Approved as to form
and~legal content:
6
7
, v~/t~
Attorney
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6-29-87 2
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
9/16/87
A G R E E MEN T
(Police Firearms Training Consultant)
THIS AGREEMENT is made and entered into this
day of
, 1987, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter called "City",
and EUGENE R. HENRIKSEN, an individual, hereinafter called
"Consul tant" .
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
r
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 regulatioris 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
lEXHlBlI ~
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
9/16/87
herein.
3. Duties of Consultant. Consultant shall provide the
following services:
(a) Perform firearms training for all San Bernardino
police officers, including the enforcement of the range safety
rules and regulations.
(b) Sell range permits for prescribed fees to all
qualified persons, maintain records thereof, account for all
receipts therefrom, and pay said funds collected to the City
Treasurer.
(c) Conduct regular firearms qualifications training
programs on Mondays and Thursdays of each week for City police
r
officers. In the event a Monday or Thursday falls on a legal
holiday, then said training shall be conducted on the next
regular business day.
(d) Maintain records of each police officer's
proficiency with firearms, and submit a listing, on request of
the Chief of Police, of all police officers who are unable to
qualify or who are not participating in the firearms training
program.
(e) Maintain an inventory and an adequate supply of
ammunition, targets and other miscellaneous supplies necessary
to conduct the firearms training program and to maintain the
range. Additional supplies shall be provided by City as needed
without charge therefor. An itemization of said supplies to
be furnished is attached hereto, marked Exhibit "A" and
incorporated herein by reference. Consultant shall furnish
and bear the cost of any other items or services needed.
2
I
I I
1
(f) Schedule shoots for civilian clubs and insure
2 the availability of the range for public use when the range is
3 not being used for police training or qualifications.
4
(g) Provide City with monthly written reports which
5 review the procedures and operations of the range and make
6 specific recommendations for the improvement of the rules,
7 regulations and operations thereof.
8
(h) Maintain the lawn and grounds area in an acceptable
9 condition to City.
10
(i) Consultant shall maintain and keep adequate books
11 and records on a current basis recording all time and monies
12 expended by him in a form satisfactory to City and in accordance
13 with generally accepted accounting principles. Said books and
14 records and all supporting details shall be ~ade available to
15 City for purposes of audit at all reasonable times and places.
16 All such periods of time as required by law; provided, however,
17 notwithstanding any shorter periods of retention, all books,
18 records and supporting details shall be maintained for a period
19 of at least three years after the termination of this agreement.
20 4. Payment by City. City shall pay Consultant as and for
21 all of his services to be rendered hereunder, the sum of twelve
22 hundred dollars_tI2DO.OO) per rnorith. Consultant shall submit
23 a claim or demand for each montDly payment, and City shall pay
24 Consultant's said bills promptly within the period of time City
25 normally uses for processing said claims.
26 5. Hours of Performance. Consultant shall devote a
27 minimum of 173 hours per month in the performance of his duties
28 hereunder. Consultant shall schedule his own hours, to be
9/16/97
3
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
compatible with other departmental use of the facility.
Notwithstanding the foregoing, Consultant shall devote all
hours necessary to the project to insure adequate performance
hereunder. Consultant shall be permitted to abstain from
performance of services for a period of no more than seven
days during anyone year period with City's approval. City
shall deduct a pro rata share of Consultant's compensation
for any such periods when no services are performed.
6. Term. This agreement shall be for a period of
one year commencing , 1987, and ending
, 19
7. Unilateral Termination. This agreement may be
terminated by either party by giving thirty days' written
notice to the other, and this agreement shall terminate forth-
with thirty days following the date said written notice is
given.
8. Consultant's Professional Status. Consultant accepts
the relationship of trust and confidence to be established
between him and City. Consultant covenants with City that he
will exercise his best professional skill and judgment in
furthering the interest of City. It is hereby agreed that
City shall not have the right to supervise or direct Consultant
with respect to his performance of the provisions of this
agreement and that Consultant shall be at all times herein an
independent contractor and not an employee or agent or City.
9. Assignability. The experience, skill and expertise of
Consultant is of the essence of this agreement. Consultant
shall not assign (whether by assignment or novation) this
~
9/17/98
4
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
8/16/87
agreement or delegate his duties hereunder in whole or in
part or any right or interest hereunder without the prior
written consent of city. Any assig~~ent or attempt to assign
this agreement without such prior written consent or by opera-
tion of law shall constitute cause for termination.
10. All premises shall be open to inspection by City
at any and all times; premises are City prope~ty, and Consultant
shall have no expectations of privacy as to any portion thereof.
11. Amendment. This agreement may be amended or modified
only by written agreements signed by both parties and failure
on the part of either party to enforce any provisions of this
agreement shall not be construed as a waiver of the right to
~
compel enforcement of such provision or provisions.
12. Hold Harmless Agreement. Consultant hereby agrees
to, and shall, hold City, its elective and appointive boards,
co~~issions, officers, agents and employees, harmless from any
liability for damage or claims for damage for personal injury,
including death, as well as from claims for property damage
which may arise from Consultant's operations under this
agreement. Consultant agrees to, and shall, defend City and
its elective and appointive boards, co~~issions, officers,
agents and employees from any suits or actions at law or in
equity for damages caused or alleged to have been caused by
reason of Consultant's performance hereunder including any
claims that may arise against City by reason of Consultant's
legal relationship with City being categorized as other than
that of an independent contractor.
14. Notices. All notices herein required shall be in
5
0/16/87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
writing, and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
City of San Bernardino
c/o Chief of Police
P.o. Box 1559
San Bernardino, CA 92401-1559
Eugene R. Henriksen
505 W. Randall j
Rialto, CA 92376
- ~'~'
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the date first hereinabove written.
ATTEST:
CITY OF Sfu~ BERNARDINO
BY:
Mayor
City Clerk
CONSULTANT
15 Eugene R. Henriksen
16 Approved as to form and legal content:
/'\
f
I ' '
: '/ /)/?
'/ifZ'1~ T - ~/1~
<;Yty Attorney
19 (/
20
17
18
21
22
23
24
25
26
27
28
6
-.
.
1 EXHIBIT "A"
2 SUPPLIES TO BE FUlli~ISHED BY CITY TO CONSULTANT
3 1. Reloaded .38 calibre pistol cartridges
4 2. 12 gauge shotgun shells
5 3. .38 calibre shell casings (once fired)
6 4. Other ammunition deemed by the parties to be essential
7 5. 25-yard ~apid fire pistol targets, Model B-13
8 6. Small silhouette targets, Model T-50
9 7. Large silhouette targets, ~lodel 3242
10 8. 25-yard rapid fire target centers, Model B-15
11 9. Target posters
12 10. Redwood lathes for target frames
13 11. Weapons cleaning solvent
14 12. .38 calibre and 12 gauge shotgun patches
15 13. Cleaning rods, brushes, tips, and the like
16 14. Staple guns and staples
17 15. Miscellaneous supplies for range maintenance, e.g.,
18 soap, towels, small tools, electricity, natural gas,
19 water, telephone service, gasoline and oil
20 16. Use of compact pick-up truck (Courier) and necessary
21 fuels and maintenance for its operation solely in
22 relation to consultant's ~erformance pursuant to
23 this agreement.
24 ALL SUPPLIES AND ITEMS LISTED HEREIN NOT USED OR CONSUMED IN
25 THE PERFOEHA1~CE OF CONSULTANT'S DUTIES PURSUANT ?O THIS AGREE~iEl~'r
26 SHALL DE AND REMAIN THE PROPERTY OF TIlE CITY OF SAN BERNARDINO.
27
28