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HomeMy WebLinkAbout2009-044 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. 2009-44 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE CITY OF REDLANDS POLICE DEPARTMENT 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 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of the City an Agreement with the City of Redlands Police Department allowing said Police Department law enforcement personnel to use the City of San Bernardino Police Department's firing range, a copy of which is attached hereto, marked as Exhibit A and incorporated herein by this reference. 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. //1 11/ III 11/ III III III III III III 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-44 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE CITY OF REDLANDS POLICE DEPARTMENT 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 joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 2nd day of March ,2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x x BAXTER x BRINKER 12 VACANT 13 x KELLEY JOHNSON x MCCAMMACK ----'L- ~/;1.~ Rachel G. Clark, City Clerk The foregoing Resolution is hereby approved this ~ day of March - ,2009. ~Yor City of San Bernardino Approved as to Form: r'~ mes F. Penman, City Attorney 2009-44 AGREEMENT I. This Agreement is made and entered into by and between the City of San Bernardino (SAN BERNARDINO) and the City of Redlands Police Department (REDLANDS). II. SAN BERNARDINO shall make available to REDLANDS use of the weapons firing range, four (4) times per contractual year, at approximate three (3) month intervals. REDLANDS shall be provided access to the range as many times as required to ensure that all Redlands Police Department officers 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 Police Department's Rangemaster. Available range facilities shall include, and are limited to the following: Pistol Range, rifle range, and combat shooting course. III. REDLANDS shall provide a Rangemaster who shall coordinate with SAN BERNARDINO to ensure the proper use of the range facilities. IV. The San Bernardino Police Department's Rangemaster shall be in complete charge and control of all activities at the range during all qualification shoots and training sessions. REDLANDS shall designate a representative to serve as liaison to the San Bemardino City Police Department's Rangemaster regarding qualifying shoots and 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 trainee. V. REDLANDS shall supply and bear the cost of all necessary supplies, ammunition or equipment necessary for shoots or training above those detailed in Exhibit A. All expended ammunition brass remaining after qualifying shoots and training sessions shall become the sole property of SAN BERNARDINO. VI. REDLANDS shall compensate SAN BERNARDINO at the rate of $10.00 per shooter, per qualifying shoot or training session day. Unless previously agreed upon in advance, REDLANDS shall compensate the City in the amount specified under this contract. It shall be the sole responsibility of REDLANDS to ensure that all shooters contracted arrive for all shoots and training sessions. REDLANDS will be billed in arrears on a quarterly basis. SAN BERNARDINO shall have the right to renegotiate the rate for range usage and supplies provided under this contract 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 contract. EXHIBIT" A" 2009-44 City of Redlands Police Department City of San Bernardino Police Department Page 2 of 3 Pages VII. SAN BERNARDINO agrees to indemnify and hold harmless REDLANDS and its authorized agents, officers, volunteers, and employees against all claims or actions arising from SAN BERNARDINO's negligent acts or omissions arising from SAN BERNARDINO's performance of its obligations under the Agreement and for any costs or expenses incurred by REDLANDS on account of any claim therefore, to the extent that It may legally do so and subject to the availability of funds. REDLANDS agrees to indemnify and hold harmless SAN BERNARDINO and its authorized agents, officers, volunteers, and employees against all claims or actions arising from REDLANDS' negligent acts or omissions arising from REDLANDS' performance of its obligations under the Agreement and for any costs or expenses incurred by SAN BERNARDINO on account of any claim therefore, to the extent that it may legally do so and subject to the availability of funds. In the event SAN BERNARDINO andlor REDLANDS is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, SAN BERNARDINO and/or REDLANDS shall indemnify the other to the extent of its comparative fault. VIII. In order to accomplish the indemnification herein provided for, but without limiting the indemnification, REDLANDS 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 Califomia, including Employer's Liability with $250,000.00 limits. COMPREHENSIVE PUBLIC. GENERAL AND AUTOMOBILE INSURANCE. This coverage is to include contractual coverage, general liability and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than five-million dollars ($5,000,000). Any insurance policy shall name the City of San Bernardino, its officers, employees, contractors or agents as additional insureds, and shall require the insurer to notify SAN BERNARDINO thirty days prior to any change in or termination of the policy. Coverage shall take the form of an official insurance polity or a state approved self-insurance program. REDLANDS shall (a) furnish properly executed certificates of insurance to SAN BERNARDINO's Risk Manager prior to the effective date of this Agreement, which certificates shall clearly evidence all coverage required above, including the amount of any deductible or self-insured retention, and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to SAN BERNARINO; and (b) maintain such insurance during the time this Agreement is in effect; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. This Agreement shall have no effect and no access to the firing range shall be given hereunder until SAN BERNARDINO's Risk Manager certifies that the requirements of this section have been complied with. 2009-44 City of Redlands Police Department City of San Bernardino Police Department Page 3 on Pages IX. 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 tenmination. 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 tenmination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. If not previously terminated, this contract will terminate on November 15, 2009. X. 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. The address of the parties hereto, unto further notice is as follows: REDLANDS: Redlands Police Department P.O. Box 3005 30 Cajon Street Redlands, CA 92373 SAN BERNARDINO: City of San Bernardino Police Department Budget Officer P. O. Box 1559 San Bemardino, CA 92401-1559 XI. The Chief of Police of SAN BERNARDINO shall have the right to exercise SAN BERNARDINO's authority under this contract including the right to give notice of termination on behalf of SAN BERNARDINO at his sole discretion. XII. The REDLANDS shall limit the use of SAN BERNARDINO's range facilities to those personnel assigned to the City of Redlands Police Department. XIII. This contract represents the full and complete understanding of the parties and supersedes all prior oral and written agreements or understanding between the parties. Any amendment to this contract shall be in writing, signed by both parties. Dated: ,2009 Dated: ,2009 City of Redlands Police Department City of San Bemardino By: Mark Weinberg, Interim City Manager Approved as to Fonm: -;/l; mes F. Penman, City Attorney .2009-44 EXHIBIT A SUPPLIES AND SERVICES PROVIDED BY THE CITY OF SAN BERANRDINO POLICE DEPARTMENT 1. Target (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) 6. Ear Muffs 7. Safety Glasses 2009-44 City of Redlands Police Department City of San Bernardino Police Department EXHIBIT "B" 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 Bemardino Pistol Range Facility. POLICY: The Personnel and Training Manager 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 helshe sees fit, for violation of any of the range procedures (rules). PROCEDURES: 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 a misfire or a jam, keep weapon pointed down range, raise your free hand and the Rangemaster will assist you. 9. Unload 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. 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. 2009-44 City of Redlands Police Department City of San Bernardino Police Department EXHIBIT "B" Page 2 of 2 Pages 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 cersons 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 completion 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 is taken place. 20. The tunnel will be used exclusively to change targets unless directed otherwise by the Rangemaster.