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Home My WebLink About2011-275 RESOLUTION NO. 2011-275 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTIO~ OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER!\ARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL TO USE THE CITY OF SAN BERNARDINO POLICE DEPARTMENT'S FIRING RANGE NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute on behalf of said City an Agreement with the California Highway Patrol, San Bernardino, allowing said Department personnel (0 use the City of San Bernardino Police Department's firing range, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference as fully as though set forth at length. 13 14 SECTION 2. The authorization (0 execute the above referenced Agreement IS rescinded if it is not executed within ninety (90) days of the passage of this Resolution. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2011-275 1 RESOLUTIO~ OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA~ BERI\ARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL TO USE THE CITY OF SAN BERNARDINO POLICE DEPARTMENT'S FIRING RANGE 2 3 4 5 6 7 8 9 10 11 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint regular meeting thereof, held on the ~!"<L day of October ,20 II, by the following vote, to wit: NAYS ABSTAIN ABSENT Councill\lcmbcrs: AYES MARQUEZ X - JENKINS ~ BRINKER X SI10RETT X -- KELLEY X JOHNSON X - MCCAMMACK X 12 13 14 15 16 17 18 19 20 21 22 23 24 ~ ' /) . , L (\ r l , J-\ v~t.-j,-)..__C ,.J - z_ ~ul~ fe... Ra21rcI G. Clark, CMe City Clerk 577/ day of October ,20 II. The foregoing resolution is hereby approved this Approved as to form: JAMES F. PENMAN, City )- -=" 26 27 28 1- 2011-275 EXHIBIT A Page 1 of 5 pages CALIFORNIA HIGHWAY PATROL And CITY OF SAN BERNARDINO AGREEMENT This Agreement ("Agreement") is made and entered into by and between the City of San Bernardino (CITY) and the State of California, through its duly elected or appointed, qualified Captain of the California Highway Patrol (State), for use of the CITY's weapons firing range, and is effective upon execution by all parties. I. CITY shall make available to the California Highway Patrol San Bernardino use of the weapons firing range four (4) days every other month during contractual year. Range use shall take place at times and dates specified by the San Bernardino City Police Department Rangemaster. Available range facilities shall include, and is limited to the following: Pistol Range, Rifle Range, and Combat Shooting Course. II. STATE shall provide a Rangemaster who shall coordinate with CITY's Rangemaster to ensure the proper use of the range facilities. III. CITY's Rangemaster shall be in complete charge and control of all activities at the range during all qualification shoots and training sessions. The STATE shall designate a representative to serve as liaison to CITY's Rangemaster regarding qualifying shoots and training sessions, and serve on a range committee. It shall be the sole responsibility of STATE to ensure that all STATE Officers contracted arrive for all shoots and training sessions on schedule. A. All participants shall conduct themselves in accordance with Range Rules and Regulations as detailed in the Rules of the Range, attached hereto and incorporated herein as Exhibit "A." B. Violations of range rules and regulations may result in immediate termination of range privileges or suspension of an individual STATE Officer. IV. The STATE shall supply and bear the cost of all necessary supplies, ammunition or equipment necessary for shoots or training, including but not limited to those specified in Exhibit "B," attached hereto and incorporated herein. All expended ammunition brass remaining after qualifying shoots and training sessions shall become the sole property of CITY. California Highway Patrol City of San Bernardino 2011-275 Page 2 of 5 V. CITY agrees to indemnify and hold harmless STATE and its authorized agents, officers, volunteers, and employees against all claims or actions arising solely from CITY's intentional or negligent acts or omissions committed during CITY's performance of its obligations under this Agreement. Upon a finding of liability hereunder, City shall pay all costs or expenses incurred by STATE on account of such liability. STATE agrees to indemnify and hold harmless CITY and its authorized agents, officers, volunteers, and employees against all claims or actions arising solely from STATE's intentional or negligent acts or omissions committed during STATE's performance under this Agreement. Upon a finding of liability hereunder, STATE shall pay all costs or expenses incurred by CITY on account of such liability. In the event CITY and/or STATE is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, CITY and/or STATE shall indemnify the other to the extent of its comparative fault. VI. Any disputes under this Agreement shall be resolved first by attempting to meet and confer to resolve such differences on an amicable basis. If attempts to do so have failed after sixty calendar days from the date such meeting was first requested in writing with regard to a specific issue, either party may initiate judicial proceedings in accordance with Paragraph VIII herein. VII. Subject to the provisions of this Paragraph VIII, CHP hereby grants to the City a limited waiver of its immunity from unconsented suit subject to the conditions set forth below. A. Claims authorized under this waiver are limited to claims arising under this Agreement and no other. B. This waiver shall only run in favor of the City and its successors in interest. C. The claim is made in a detailed written statement to CHP stating the specific action or discontinuance of action by CHP which would cure the alleged breach or non-performance, or the sum of money claimed to be due and owing from CHP to the City by reason of such specific breach or non-performance, and CHP shall have sixty (60) calendar days to cure such breach or non-performance or to make such payment before judicial proceedings may be instituted. D. Prior to initiation of judicial proceedings the parties shall meet and confer as provided in Paragraph VII, above, in an effort to resolve any dispute arising under this Agreement. If the parties fail to resolve the dispute following such meet and confer, or otherwise fail to meet and confer, a claim may be filed in accordance with the provisions set forth below. E. In the event there is a claim which is not resolved between the parties, any court proceeding under this section shall be commenced within the latter of two (2) years after the claim accrues or one (1) year after the claim is discovered, but in no event later than two (2) years from the date the claim is first submitted to the CHP, or such claim shall be forever barred. The waiver granted herein shall commence on the execution date of this California Highway Patrol City of San Bernardino 2011-275 Page 3 of 5 Agreement and shall continue for two (2) years following the expiration, termination, or cancellation of this Agreement (whichever is later), except the waiver shall remain effective for any proceedings then pending, and all appeals therefrom. F. Any claim authorized under this section shall be made for specific performance, injunctive relief or money damages. In no event shall this waiver apply to punitive or consequential damages. G. Except as ordered by a court of competent jurisdiction, all parties shall bear their own costs, including attorneys' fees, in connection with any judicial proceedings authorized under this Agreement. The parties expressly agree that this provision shall survive the termination, for any reason, or expiration of this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. VIII. While not restricting or limiting the foregoing, during the term of this Agreement, STATE shall maintain in effect policies of comprehensive public, general and automobile liability insurance in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with CITY's Risk Manager prior to any use of the firing range under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to CITY shall require the insurer to provide written notice to CITY at least 30 days prior to any change in or termination of coverage under the policy. IX. The term of this contract shall be for a period of time commencing on October 4, 2011, and terminating on October 31, 2012. Notwithstanding the foregoing, 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. 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, until further notice is as follows: STATE: California Highway Patrol - San Bernardino Attention: Lt. Robert Velasco, #12507 2211 Western Avenue San Bernardino, CA 92411-1243 CITY: City of San Bernardino Police Department Budget Officer P. O. Box 1559 San Bernardino, CA 92401-1559 XI. The Chief of Police of CITY shall have the right to exercise CITY's authority under this contract including the right to give notice of termination on behalf of CITY at his sole discretion. California Highway Patrol City of San Bernardino 2011-275 Page 4 of 5 XII. The STATE shall limit the use of CITY's range facilities to those STATE employees assigned to the STATE California Highway Patrol, San Bernardino. XIII. STATE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of its interest in this Agreement. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. XIV. 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: ,2011 Dated: ,2011 STATE OF CALIFORNIA California Highway Patrol - San Bernardino City of San Bernardino By: By: Charles L. McNeely, City Manager Capt. Glen Dominguez Approved as to Form: ,I'~ es F. Penman, City Attorney 2011-275 California Highway Patrol, San Bernardino City of San Bernardino Police Department EXHIBIT" A" 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 Bernardino 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 he/she 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 jamb, 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. 2011-275 California Highway Patrol, San Bernardino City of San Bernardino Police Department EXHIBIT" A" 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 persons 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 has commenced. 20. The tunnel will be used exclusively to change targets unless directed otherwise by the Rangemaster. 21. Smoking is prohibited at the range facility. 22. All live firing will cease when pedestrians or vehicles are within view of the range facility. The Rangemaster will determine when it is safe to commence firing. California Highway Patrol City of San Bernardino 2011-275 CALIFORNIA HIGHWAY PATROL And CITY OF SAN BERNARDINO EXHIBIT B to AGREEMENT FOR USE OF FIRING RANGE ALL SUPPLIES PROVIDED BY THE CALIFORNIA HIGHWAY PATROL-SAN BERNARDINO 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 Page 5 of 5 2011-275 Page 1 of 5 pages CALIFORNIA HIGHWAY PATROL And CITY OF SAN BERNARDINO ((; 0) ~~; AGREEMENT This Agreement ("Agreement") is made and entered into by and between the City of San Bernardino (CITY) and the State of California, through its duly elected or appointed, qualified Captain of the California Highway Patrol (State), for use of the CITY's weapons firing range, and is effective upon execution by all parties. I. CITY shall make available to the California Highway Patrol San Bernardino use of the weapons firing range four (4) days every other month during contractual year. Range use shall take place at times and dates specified by the San Bernardino City Police Department Rangemaster. Available range facilities shall include, and is limited to the following: Pistol Range, Rifle Range, and Combat Shooting Course. II. STATE shall provide a Rangemaster who shall coordinate with CITY's Rangemaster to ensure the proper use of the range facilities. III. CITY's Rangemaster shall be in complete charge and control of all activities at the range during all qualification shoots and training sessions. The STATE shall designate a representative to serve as liaison to CITY's Rangemaster regarding qualifying shoots and training sessions, and serve on a range committee. It shall be the sole responsibility of STATE to ensure that all STATE Officers contracted arrive for all shoots and training sessions on schedule. A. All participants shall conduct themselves in accordance with Range Rules and Regulations as detailed in the Rules of the Range, attached hereto and incorporated herein as Exhibit "A." B. Violations of range rules and regulations may result in immediate termination of range privileges or suspension of an individual STATE Officer. IV. The STATE shall supply and bear the cost of all necessary supplies, ammunition or equipment necessary for shoots or training, including but not limited to those specified in Exhibit "B," attached hereto and incorporated herein. All expended ammunition brass remaining after qualifying shoots and training sessions shall become the sole property of CITY. 2011-275 California Highway Patrol City of San Bernardino Page 2 of 5 V. CITY agrees to indemnify and hold harmless STATE and its authorized agents, officers, volunteers, and employees against all claims or actions arising solely from CITY's intentional or negligent acts or omissions committed during CITY's performance of its obligations under this Agreement. Upon a finding of liability hereunder, City shall pay all costs or expenses incurred by STATE on account of such liability. STATE agrees to indemnify and hold harmless CITY and its authorized agents, officers, volunteers, and employees against all claims or actions arising solely from STATE's intentional or negligent acts or omissions committed during STATE's performance under this Agreement. Upon a finding of liability hereunder, STATE shall pay all costs or expenses incurred by CITY on account of such liability. In the event CITY and/or STATE is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, CITY and/or STATE shall indemnify the other to the extent of its comparative fault. VI. Any disputes under this Agreement shall be resolved first by attempting to meet and confer to resolve such differences on an amicable basis. If attempts to do so have failed after sixty calendar days from the date such meeting was first requested in writing with regard to a specific issue, either party may initiate judicial proceedings in accordance with Paragraph VIII herein. VII. Subject to the provisions of this Paragraph VIII, CHP hereby grants to the City a limited waiver of its immunity from unconsented suit subject to the conditions set forth below. A. Claims authorized under this waiver are limited to claims arising under this Agreement and no other. B. This waiver shall only run in favor of the City and its successors in interest. C. The claim is made in a detailed written statement to CHP stating the specific action or discontinuance of action by CHP which would cure the alleged breach or non-performance, or the sum of money claimed to be due and owing from CHP to the City by reason of such specific breach or non-performance, and CHP shall have sixty (60) calendar days to cure such breach or non-performance or to make such payment before judicial proceedings may be instituted. D. Prior to initiation of judicial proceedings the parties shall meet and confer as provided in Paragraph VII, above, in an effort to resolve any dispute arising under this Agreement. If the parties fail to resolve the dispute following such meet and confer, or otherwise fail to meet and confer, a claim may be filed in accordance with the provisions set forth below. E. In the event there is a claim which is not resolved between the parties, any court proceeding under this section shall be commenced within the latter of two (2) years after the claim accrues or one (1) year after the claim is discovered, but in no event later than two (2) years from the date the claim is first submitted to the CHP, or such claim shall be forever barred. The waiver granted herein shall commence on the execution date of this 2011-275 California Highway Patrol City of San Bernardino Page 3 of 5 Agreement and shall continue for two (2) years following the expiration, termination, or cancellation of this Agreement (whichever is later), except the waiver shall remain effective for any proceedings then pending, and all appeals therefrom. F. Any claim authorized under this section shall be made for specific performance, injunctive relief or money damages. In no event shall this waiver apply to punitive or consequential damages. G. Except as ordered by a court of competent jurisdiction, all parties shall bear their own costs, including attorneys' fees, in connection with any judicial proceedings authorized under this Agreement. The parties expressly agree that this provision shall survive the termination, for any reason, or expiration of this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. VIII. While not restricting or limiting the foregoing, during the term of this Agreement, STATE shall maintain in effect policies of comprehensive public, general and automobile liability insurance in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with CITY's Risk Manager prior to any use of the firing range under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to CITY shall require the insurer to provide written notice to CITY at least 30 days prior to any change in or termination of coverage under the policy. IX. The term of this contract shall be for a period of time commencing on October 4, 2011, and terminating on October 31, 2012. Notwithstanding the foregoing, 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. 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, until further notice is as follows: STATE: California Highway Patrol - San Bernardino Attention: Lt. Robert Velasco, #12507 2211 Western Avenue San Bernardino, CA 92411-1243 CITY: City of San Bernardino Police Department Budget Officer P. O. Box 1559 San Bernardino, CA 92401-1559 XI. The Chief of Police of CITY shall have the right to exercise CITY's authority under this contract including the right to give notice of termination on behalf of CITY at his sole discretion. 2011-275 California Highway Patrol City of San Bernardino Page 4 of 5 XII. The STATE shall limit the use of CITY's range facilities to those STATE employees assigned to the STATE California Highway Patrol, San Bernardino. XIII. STATE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of its interest in this Agreement. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. XIV. 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: ,2011 Dated: ,2011 STATE OF CALIFORNIA California Highway Patrol - San Bernardino City of San Bernardino By: By: Charles L. McNeely, City Manager Capt. Glen Dominguez App.roved as to Form: 7,fl~ mes F. Penman, City Attorney 2011-275 California Highway Patrol, San Bernardino City of San Bernardino Police Department EXHIBIT "A" 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 Bernardino 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 he/she 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 jamb, 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. 2011-275 California Highway Patrol, San Bernardino City of San Bernardino Police Department EXHIBIT" A" 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 persons 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 has commenced. 20. The tunnel will be used exclusively to change targets unless directed otherwise by the Rangemaster. 21. Smoking is prohibited at the range facility. 22. All live firing will cease when pedestrians or vehicles are within view of the range facility. The Rangemaster will determine when it is safe to commence firing. 2011-275 California Highway Patrol City of San Bernardino CALIFORNIA HIGHWAY PATROL And CITY OF SAN BERNARDINO EXHIBIT B to AGREEMENT FOR USE OF FIRING RANGE ALL SUPPLIES PROVIDED BY THE CALIFORNIA HIGHWAY PATROL-SAN BERNARDINO 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 Page 5 of 5