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HomeMy WebLinkAbout13015 1 RESOLUTION NO. /.,3c? /..:5- 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PASCO W. TOMBERLIN RELATING TO A 3 POLICE FIREARMS TRAINING CONSULTANT. 4 BE IT RESOLVED BY THE MAYOR AND CO~40N COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 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 Pasco W. Tomberlin relating to a police firearms training consultant, a copy of which is attached hereto, marked 10 Exhibit "I" and incorporated herein by reference as fully as 11 though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San ~~ meeting thereof, held Of~~ ,1977, by the following ,~ 14 Bernardino at a on the 7"'7'i;; day I 15 16 vote, to wit: 17 AYES: 18 19 NAYS: 20 ABSENT: 21 22 23 The foregoing resolution is of ~-/~v..t.nluJ , 1977. 24 25 26 !APproved as to form: ~~p NOV i o 19TI 27 FIL~ED 28 '.UCILLE,9oFqRTH, City Clerk /~~) Z"7 . "'" "'-... ~'-''-' / / >.-.. .- ;; " ,::'l!t~f..'(::4'.......'diJ.;k:?<..;7U::-",...... ... .OEPun !~ : ) :/ 10 11 12 ,. "...... I .:,; 1 A G R E E MEN T -------- 2 (police Firearms Training Consultant) THIS AGREEMENT is made and entered into this '2-"_ day of 3 4 ''//h/- , 1977, by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, hereinafter called "City", and PASCO W. 6 TOMBERLIN, an individual, hereinafter called "Consultant". 7 WIT N E SSE T H~ 8 WHEREAS, the San Bernardino Police Pistol Range hereinafter 9 sometimes referred to as "Range" is located at perris Hill Park, San Bernardino, California; and WHEREAS, the City of San Bernardino desires to retain a firearms training consultant to review its operations, make 13 recommendations concerning operations and, as an incident thereof, 14 to train police officers, and review, establish and enforce 15 safety rules and regulations at the San Bernardino Police Pistol 16 Range; it being understood by the parties hereto that Consultant's 17 training and managerial activities provided hereunder will be invaluable in formulating his written recommendations; and 18 19 WHEREAS, Consultant has great expertise in all phases of 20 small arms range operations and firearms markmanship training, 21 NOW, THEREFORE, for and in consideration of the performance 22 of the mutual covenants and promises herein contained, at the time 23 and in the manner specified herein, the parties hereto agree as 24 II follows: 1. 25 General. For and in consideration of the compensation 26 and covenants hereinafter mentioned to be made and performed by 27 the City and Consultant, the City retains Consultant and 28 Consultant agrees to perform the consulting activities provided 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 herein. 2. Duties of Consultant. Consultant shall perform the following functions: (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 re- ceipts therefrom, and pay said funds collected to the City Treasurer. (c) Supervise the activities of a CETA employee pro- vided by City for the maintenance of the range. (d) Conduct regular firearms qualification training programs on Mondays and Thursday of each week for City police 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. (e) Maintain records of each police officer's pro- ficiency 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. (f) 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 I furnished is attached hereto, marked Exhibit "A" and incorporated herein by reference. Consultant shall furnish and bear the -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t 17 18 19 20 21 22 23 24 25 26 27 28 cost of any other items or services needed. (g) 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. (h) 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, regu- lations and operations thereof. 3. Payment by City. City shall pay Consultant as and for all of his services to be rendered hereunder, the sum of eight hundred dollars ($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 . . no~mally ~ses for processin9 said claims. 4. Hours of Performance. Consultant shall devote a minimum of 173 hours per month in the performance of his duties hereunder. Notwithstanding the foregoing, Consultant shall devote all hours necessary to the project to insure adequate performance hereunder. Consultant shall maintain and keep adequate books and records on a current basis recording all time and monies expended 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 books and records shall be maintained by Consultant for such periods of time as required by law; provided, however, notwith- standing any shorter periods of retention, all books, records and -3- 1 supporting details shall be maintained for a period of at least three (3) years after the termination of this agreement. 2 5. Term. This agreement shall be on a month to month 4 basis, and shall continue in effect until terminated as herein- 3 5 after provided. It is understood and agreed by the parties hereto 6 that the term of this agreement shall not exceed six (6) months. 7 6. Unilateral Termination. This agreement may be 8 terminated by either party by giving thirty (30) days' written 9 notice to the other, and this agreement shall terminate forthwith 10 thirty (30) days following the date said written notice is given. 11 7. Consultant's Professional Status. Consultant accepts 12 the relationship of trust and confidence to be established be- I tween him and City. Consultant covenants with City that he will 13 14 exercise his best professional skill and judgment in furthering 15 the interest of City. It is hereby agreed that City shall not 16 have the right to supervise or direct Consultant with respect to 17 his performance of the provisions of this agreement and that 18 Consultant shall be at all times herein an independent contractor 19 and not an employee or agent of City. 20 8. Assignability. The experience, skill and expertise 21 of Consultant is of the essence of this agreement. Consultant 22 shall not assign (whether by assignment or novation) this agree- 23 ment or delegate his duties hereunder in whole or in part or any 24 right or interest hereunder without the prior written consent of 25 City. Any assignment or attempt to assign this agreement without 26 such prior written consent or by operation of law shall con- 27 stitute cause for termination. 28 9. Amendment. This agreement may be amended or modified -4- 1 2 only by written agreements signed by both parties and failure on the part of either party to enforce any provision of this agree- 3 ment shall not be construed as a waiver of the right to compel 4 enforcement of such provision or provisions, nor act to release 5 6 any surety from its obligations under this agreement. 10. Hold-Harmless Agreement. Consultant hereby agrees to, 7 and shall, hold City, its elective and appointive boards, 8 commissions, officers, agents and employees, harmless from any 9 liability for damage or claims for damage for personal injury, 10 including death, as well as from claims for property damage which 11 may arise from Consultant's operations under this agreement. 12 Consultant agrees to, and shall, defend City and its elective 13 and appointive boards, commissions, officers, agents and employees 14 from any suits or actions at law or in equity for damages caused 15 or alleged to have been caused by reason of Consultant's perform- I . 16 I ance hereunder including any claims that may arise against City 17 by reason of Consultant's legal relationship with City being 18 categorized as other than that of an independent contractor. 19 11. Notices. All notices herein required shall be in 20 writing, and delivered in person or sent by certified mail, 21 / / / / / / / / / / 22 / / / / / / / / / / 23 24 25 26 27 28 -5- I: i: II 1 postage prepaid, addressed as follows: 2 city of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Mr. Pasco W. Tomberlin P. O. Box 428 Running Springs, CA 4 IN WITNESS WHEREOF, the parties hereto have executed this 3 5 Agreement on the date first hereinabove written. 6 CITY OF SAN BERNARDINO 10 11 12 13 14 7 ATTEST: 8 9 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONSULTANT :JcUU'j/~~ PASCO W. TOMBERLIN -6- 1 2 3 4 S , 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" SUPPLIES TO BE FURNISHED BY CITY TO CONSULTANT 1. Reloaded .38 calibre pistol cartridges 2. 12 gauge shotgun shells 3. .38 calibre shell casings (once fired) 4. Other ammunition deemed by the parties to be essential 5. 25 yard rapid fire pistol targets, Model B-13 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. EXHIBIT "A"