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HomeMy WebLinkAbout24-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Police Department Subject: Resolution of Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with San Manuel Band of Mission Indians to use the City of San Bernardino Police Department's firing range. From: Keith l. Kilmer, Chief of Police Date: December 10, 2009 MICC Meeting Date: March 1, 2010 Synopsis of Previous Council Action: None. Recommended Motion: 1. Adopt Resolution. 2. Authorize the Finance Director to increase Police Revenue Account (#001-000- 4740) by $25,000.00 and increase Police Expenditures Account (#001-224-5706) by $25,000.00. /iIL KEITH l. KilMER, CHIEF OF POLICE Contact person: n<>hi Shllk<>r Phnne: 3ALl-"697 Supporting data attached: Yes Ward: 2 FUNDING REQUIREMENTS: Amount: $25,000.00 \ Source: Accl. #001-000-4740, Police Misc. Revenue Ace! ;tt()()1-??Ll-5706. Pnlir<> F"r<>nrli\IIr<>" Finance: Council Notes: Agenda Item No. } S- 3-1- 2010 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with San Manuel Band of Mission Indians (SMBMI) to use the City of San Bernardino Police Department's firing range. Background: In October of 2009 San Manuel Band of Mission Indians approached San Bernardino Police Department to discuss entering into an agreement to allow access of San Manuel Security Officers to use the SBPD range to participate in bi-monthly qualifying shoots and training sessions supervised by a qualified rangemaster. This contract has no expiration date but is terminablc with 30 days notice of cither party. The San Manuel Band of Mission Indians will provide a $25,000 annual fee to be utilized for range improvements. The proposed range improvements will be prioritized by the Range Committee and submitted to the Chief of Police for approval. The San Manuel Band of Mission Indians will cover all costs associated with operating the range for 5MBMl personnel including paying a certified rangemaster and covering the costs of all range supplies and equipment during qualifications. The Police Department is responsible for the day-to-day operations of the firing range. The Chief of Police has supervision responsibility over the range and the personnel responsible for range operations. The San Manuel Band of Mission Indians will utilize the range on Wednesdays for weapons qualification of their public safety employees. All activities will be supervised by a certified rangemaster. The San Manuel Band of Mission Indians will not have access to the range the last two Wednesdays of each quarter to accommodate the San Bernardino Police Department qualification process. The agreement with San Manuel Band of Mission Indians specifies that the San Bernardino Police Department can preempt a qualification day if necessary to accommodate San Bernardino Police Department needs. 5MBMI will follow all SPBD Range rules when \ using the SBPD range facility. Financial Impact: Police revenue and expenditure budgets will include $25,000.00 each year the agreement is in force to be used for range improvements. In addition, the City will be paid all operating costs for the range when 5MBMI uses the facility. Therefore, there will be no net impact to the General Fund. Recommendation: 1. Adopt Resolution. 2. Authorize the Finance Director to increase Police Revenue Account #001-000-4740 by $25,000.00 and increase Police Expenditure Account #001-224-5706 by $25,000.00. 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. RESOLUTION OF MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN MANUEL BAND OF MISSION INDIANS 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 San Manuel Band of Mission Indians, allowing said Department personnel to use the City of San Bernardino Police Department's llring range, a copy of which is attached hereto. marked as Exhibit A and incorporated hercin by this reference. SECTION 2. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of the San Bernardino Police Department the acceptance of a $25,000.00 annual fee from San Manuel Band of Mission Indians for range facility improvements. SECTION 3. 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. III III III III III III 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 OF MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN MANUEL BAND OF MISSION INDIANS 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 and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 20 I 0, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ DESJARDINS BRINKER SHORETT KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing Resolution is hereby approved this day of ,2010. Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: EXHIBIT A SAN MANUEL BAND OF MISSION INDIANS 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 San Manuel Band of Mission Indians (SMBMI) for use of CITY's weapons firing range, and is effective upon execution by all parties. I. CITY shall make available to 5MBMI use of the weapons firing range on Wednesdays, except the last two Wednesdays of each quarter, for training sessions and qualifying shoots for San Manuel Security Officers ("SMBMI Officer"). CITY may preempt use of the range when necessary to accommodate the needs of the San Bernardino Police Department. It is the responsibility of 5MBMI to ensure that all 5MBMI Officers successfully complete 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 Pistol Range, Rifle Range, and Combat Shooting Course. II. 5MBMI 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. 5MBMl's Rangemaster shall 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 5MBMI to ensure that all 5MBMI 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 "B." \, B. Violations of range rules and regulations may result in immediate termination of range privileges or suspension of an individual 5MBMI Officer. IV. 5MBMI 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 "A," attached hereto and incorporated herein. All expended ammunition brass remaining after qualifying shoots and training sessions shall become the sole property of CITY. //II San Manuel Band of Mission Indians City of San Bernardino Page 2 of 5 V. 5MBMI shall compensate CITY in the amount of $25,000 per fiscal year payable in equal, nonrefundable payments quarterly in advance by July 1, October 1, January 1 and April 1. The $25,000 annual fee will be prorated for the remainder of FY 09/10 and payable within 30 days after this Agreement is fully executed by all parties. Starting at the end of FY 2010/2011, CITY 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. VI. CITY agrees to indemnify and hold harmless 5MBMI 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 5MBMI on account of such liability. 5MBMI agrees to indemnify and hold harmless CITY and its authorized agents, officers, volunteers, and employees against all claims or actions arising solely from 5MBMI's intentional or negligent acts or omissions committed during 5MBMI's performance under this Agreement. Upon a finding of liability hereunder, 5MBMI shall pay all costs or expenses incurred by CITY on account of such liability. In the event CITY andlor 5MBMI 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 5MBMI shall indemnify the other to the extent of its comparative fault. VII. 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. VIII. \ Subject to the provisions of this Paragraph VIII, Tribe 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 Tribe stating the specific action or discontinuance of action by Tribe which would cure the alleged breach or non-performance, or the sum of money claimed to be due and owing from Tribe to the City by reason of such specific breach or non-performance, and Tribe shall have sixty (60) calendar days to cure such breach or non-performance or to make such payment before judicial proceedings may be instituted. San Manuel Band of Mission Indians City of San Bernardino Page 3 of 5 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 later 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 Tribe, or such claim shall be forever barred. The waiver granted herein shall commence on the execution date of this 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 not to exceed the monetary value which is the subject of this Agreement. In no event shall this waiver apply to punitive or consequential damages. G. Tribe waives its sovereign immunity from a judgment or order consistent with the terms and provisions of this Paragraph VIII, which is final because either the time for appeal thereof has expired or the judgment or order is issued by a court having final appellate jurisdiction over the matter. Tribe consents to the jurisdiction of the United States District Court for the Central District of California and any court having appellate jurisdiction thereover, consistent with the terms and conditions of this Paragraph 19. None of the parties shall object to the jurisdiction or venue of said federal court. In the event the federal court does not have jurisdiction, Tribe will consent to the jurisdiction of any court of competent jurisdiction in the State of California, County of San Bernardino. Without in any way limiting the generality of the foregoing, Tribe expressly authorizes any governmental authorities who have the right and duty under applicable law to take any action authorized by any court, to take such action to give effect to any judgment entered against Tribe in accordance with this waiver. H. The foregoing limited waiver of sovereign immunity is expressly conditioned on the parties' agreement herein that the only assets, including property and funds, which shall be available to satisfy any enforcement proceedings or judgment in connection with this Agreement shall be limited to the income or assets of Tribe, except that no interest in land, whether tangible or intangible, legal or beneficial, vested or contingent, or any occupancy or other rights or entitlements therein or related thereto, shall be subject to attachment, execution, lien, judgments or other enforcements or satisfaction of any kind, in whole or in part, with respect to any claim of the City against Tribe on any basis whatsoever. No assets of any kind whatsoever of any member of the Tribe, whether tangible or intangible, vested or contingent, shall be available to satisfy any judgment or subject to attachment, execution, lien, or other enforcement or satisfaction of any kind with respect to any claim of the City against Tribe. \ I. 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. San Manuel Band of Mission Indians City of San Bernardino Page 4 of 5 IX. While not restricting or limiting the foregoing, during the term of this Agreement, 5MBMI 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. X. 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. Any quarterly fees paid by 5MBMI pursuant to Paragraph V of this Agreement shall not be refunded. XI. 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: 5MBMI: CITY: San Manuel Band of Mission Indians 101 Pure Water Lane Highland, CA 92348 City of San Bernardino Police Department Budget Officer P. O. Box 1559 San Bernardino, CA 92401-1559 XII. \ 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. XIII. The 5MBMI shall limit the use of CITY's range facilities to those personnel permanently assigned to the 5MBMI as security officers performing law enforcement duties. XIV. 5MBMI 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. III/ San Manuel Band of Mission Indians City of San Bernardino Page 5 of 5 xv. 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: ,2010 Dated: ,2010 San Manuel Band of Mission Indians City of San Bernardino By: By: Charles L. McNeely, City Manager roved as to For Penman, City Attorney \ San Manuel Band of Mission Indians City of San Bernardino SAN MANUEL BAND OF MISSION INDIANS And CITY OF SAN BERNARDINO EXHIBIT A to AGREEMENT FOR USE OF FIRING RANGE SUPPLIES AND SERVICES PROVIDED BY THE SAN MANUEL BAND OF MISSION INDIANS 1. Target (paper) 2. Frames 3. Staples and staple guns 4. Gun cleaning supplies and a designaled area for gun cleaning 5. Classroom facilities (does not include supplies) 6. Ear Muffs 7. Safety Glasses \ San Manuel Band of Mission Indians 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 Bernardino Pistol Range Facility. POLICY: The Personnel and Training Manager or the designated rangemaster is in complete charge of the pistol range al 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 'vvith a loaded \'veapcr., 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 safely 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. San Manuel Band of Mission Indians 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 al 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 wom in addition to ear muffs. c. Safety Glasses: Safety glasses are protective eye devices Officers may wear prescription glasses jf 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.