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Home My WebLink About13 PoliceCITY OF .SAN 13ERNARDINO REQUEST FOR COUNCIL ACTION From: Lee Dean, Chief of Police Subject: Firing Range Contract with the San Bernardino City Unified Dept: Police School District December 7, 19 Date: 1998 ORIGINAL. Synopsis of Previous Council action: None Recommended motion: Adopt Resolution Contact person: Lieutenant Larry Neigel Supporting data attached: FUNDING REQUIREMENTS: Council Notes: 75 -0262 Yes Amount- None "grn� Phone: ( 909) 384 -5690 Ward: Source: (Acct No.) (Acct Description) Finance: Agenda Item No. CITY OF' SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Contract between the City of San Bernardino and the San Bernardino City Unified School District for use of the Police Department's firing range and firearms training program. Background: Until July of 1996, for law enforcement purposes, the firing range was used exclusively by the San Bernardino Police Department to train department officers. At that time, the City of San Bernardino entered into an agreement with the California State University at San Bernardino allowing all C.S.U.S.B. law enforcement personnel access to our range to participate in qualifying shoots and training sessions supervised by our department staff. The agreement made between the City's Common Council and C.S.U.S.B. authorized a fee be charged to C.S.U.S.B. per qualifying shoot or training session. Fees collected are deposited into the general fund. Agencies such as the San Bernardino Marshal's Office, the District Attorney's Office and the San Bernardino City Unified School District have expressed an interest in our firearms training program. The San Bernardino City Unified School District is now seeking to establish an agreement with us for the use of our firing range and participation in our training program for their law enforcement personnel. The firing range services provided will include supervision by a certified rangemaster. The course will be developed by the range committee which is chaired by the rangemaster and the contracting agency will be allowed to have a representative on the committee. Participating officers would take part in the training courses during the days and hours established by the Police Department and consistent with our own training times. The Police Department is responsible for the day -to -day operations of the firing range and the Chief of Police has supervision responsibility over the range and the personnel responsible for its operations. However, he does not have the authority to enter into contracts with the other agencies requesting the use of our range services. Financial Impact: The net financial impact on the General Fund in FY 1998 -99 as a result of this agreement is an increase in revenues of approximately $2160.00. The amount charged per shooter was based on the cost of materials and ammunition. Revenue amounts in this section were calculated by using the projected number of participants, which equals thirty -six, and multiplying that by a $10.00 fee per participant. Each participant will attempt to quality three times a quarter. Minimal costs associated with this contract will be absorbed in the Police Department's budget. Revenue generated from fees charged to the school district for training and use of the range are expected to be $2160.00 for the remainder of FY 1998 -99 (six months) and $4320.00 for next fiscal year. 75 -0264 Recommendation: 'That a standard contract be approved by the Mayor and Common Council allowing the San Bernardino City Unified School District use of the Police Department firing range services and firearms training program. f `mar" 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 COFT RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ALLOWING THE DISTRICT 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 Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City of San Bernardino Police Department, an Agreement with the San Bernardino City Unified School District allowing said District to 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. SECTION 2. The authorization granted hereunder shall expire and be void and 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. J// 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 2E 27 2� RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN SAN BERNARDINO CITY BERNARDINO TO DISTRICT ALLOWING THE DISTRICT T UNIFIED O 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 meetin thereof, held on the day of , 19985 by the following vote, to wit COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN VACANT SCHNETZ DEVLIN ANDERSON MILLER CITY CLERK The foregoing Resolution is hereby approved this day of Approved as to form and legal content: JAMES F. PENMAN, City Attorney r�I � By : r,,� J JUDITH VALLES, Mayor City of San Bernardino . . 98 -341 STANDARD AGREEMENT AGENCY: San Bernardino City Unified School District CONTRACTOR: San Bernardino Police Department, San Bernardino County, California C� The AGENCY shall make use of the weapons firing range four (4) times per contractual year, at approximate three (3) month intervals. The AGENCY shall be provided access to the range as many times as required to ensure that all agency law enforcement personnel 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 Police Department, Rangemaster. Available range facilities shall include, and is limited to the following: Pistol range, rifle range, and combat shooting course. CONTRACTOR shall provide a rangemaster who shall coordinate with the AGENCY to ensure the proper use of the range facilities. The Police Department's Rangemaster shall be in complete charge and control of all activities at the range during all qualification shoots and training sessions. The AGENCY shall designate a representative to serve as liaison to the police department's rangemaster regarding qualifying shoots, training sessions and serve on a range committee. A. All participants shall conduct themselves in accordance with Range Rules and Regulations as detailed in the San Bernardino Police Department's Standard Operating Procedure Manual, Section #37; Procedure #1. B. Violations of range rules and regulations may result in immediate termination of range privileges or suspension of an individual officer. 1 98 -341 ILYA The AGENCY shall supply and bear the cost of all supplies or equipment necessary for shoots or training above those detailed in Schedule A. CONTRACTOR shall provide all necessary ammunition for officers to qualify each quarter at two attempts each. The AGENCY shall provide all ammunition needs beyond that. All expended ammunition brass remaining after qualifying shoots and training sessions shall become the sole property of the CONTRACTOR. UI The AGENCY shall compensate the CONTRACTOR at the rate of $10.00 per shooter, per qualifying shoot or training session, at three shoots each quarter. Unless previously agreed upon, in advance, the AGENCY shall compensate the CONTRACTOR in the amount specified under this contract. It shall be the sole responsibility of the AGENCY to ensure that all shooters contracted arrive for all shoots and training sessions. The AGENCY shall only be provided range usage for the number of shooters contracted for. The AGENCY will be billed in arrears on a quarterly basis. The CONTRACTOR 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. I•ll The AGENCY agrees to indemnify, defend and hold harmless the CONTRACTOR and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from the AGENCY'S acts, errors, or omissions and for any costs or expenses incurred by the CONTRACTOR on account of any claim therefor, to the extent that it may legally do so. INSURANCE: In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the AGENCY 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- Insured Program in the amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits. COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE: This coverage to include contractual coverage and automobile liability coverage for owned, hired and non -owned vehicle. The policy shall have combined single limits for bodily injury and property 2 98 -341 damage of not less than one million dollars ($1,000,000). Coverage shall take the form of an official insurance policy or a state approved self - insurance program. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from CONTRACTOR'S negligent acts or omissions on account of any claim therefor, to the extent that it may legally do so. VII 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 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. IM 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: AGENCY: San Bernardino City Unified School District 777 N. F Street San Bernardino, CA 9240177 CONTRACTOR: San Bernardino Police Department Budget Officer P.O. Box 1559 San Bernardino, CA 92401 -1559 IX The Chief of Police of the City of San Bernardino shall have the right to exercise the CONTRACTOR'S authority under this contract including the right to give notice of termination on behalf of the CONTRACTOR at his sole discretion. X The AGENCY shall limit the use of CONTRACTOR'S range facilities to those personnel permanently assigned to the AGENCY. 3 98 °341 I►'4', This contract represents the full and complete understanding of the parties and supersedes all prior oral and written agreements or understandings between the parties. Any amendment to this contract shall be in writing, signed by both parties. SCHEDULE A SUPPLIES AND SERVICES PROVIDED BY THE SAN BERNARDINO POLICE DEPARTMENT- 1 . Targets (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) SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Authorized Signature Name of Person Signing Title Address Approved as to form and legal content: JAMES F. PENMAN City Attorney VNTRACTOR Auth ized Signature Judith Valles, Mayor Name of Person Signing Mayor Title 300 North "D" Street San Bernardino, California 92418 El San Bernardino City Unified School District E. Neal Roberts, Ed.D., Superintendent Robert W. Murphy, Assistant Superintendent, Business Services Your Public Schools ... to here's No Better Place To Learn February 16, 1999 City of San Bernardino City Clerk 300 North "D" Street San Bernardino, CA 92418 -0001 Dear Ms. Miller: I am returning the "Use of Firing Range" contract to your office, signed and approved by Mr. Murphy, Assistant Superintendent of the Business Services Division. Our office is returning this one and only "original" agreement. We are doing so with an understanding from your office that you will return a "stamped" copy to us after the receipt of this original and that all future agreements will contain at least one other "original" for our office, as per our telephone conversation. For all future agreements by and between the City of San Bernardino and the School District we will require that at least one "original" agreement be reserved for our office. This will ensure that we have proper documentation for our auditors. We look forward to working with you. Thank you, Linda Smerber Contract Analyst San Bernardino City USD Cc: Gary Underwood BUSINESS SERVICES DIVISION 777 North F Street • San Bernardino, CA 92410 -3090 • (909) • Fax (909) 381 -0989 C I T Y O F an Bernardino R A C H E L C L A R K C I T Y C L E R K December 22, 1998 Bob Murphy, Assistant Superintendent of Administrative Services San Bernardino City Unified School District 777 North "I"' Street San Bernardino, CA 92401 Dear Mr. Murphy: At the Mayor and Common Council meeting of December 21, 1998, the City of San Bernardino adopted Resolution 98 -341 authorizing an agreement allowing use of the firing range. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, ATTN: Melanie Miller, P.O. Box 1318, San Bernardino, CA, 92418 as soon as possible. Please retain a copy of the executed contract for your files. Please be advised that said resolution will be null and void if it is not executed within sixty (60) days — February 19, 1999. If you have any questions, please do not hesitate to contact me at (909) 384 -5002. Sincerely, Rachel Clark City Clerk By: Melanie Miller Senior Secretary Enclosures P. O. B O X 1 3 1 8, S A N B E R N A R D I N O, C A 9 2 4 0 2 3 0 0 N O R T H D' S T R E E T S A N B E R N A R D I N O, C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4. 5 0 0 2 ( 9 0 9) 3 8 4 - 5 1 0 2 F A X -( 9 0 9) 3 8 4. 5 1 5 8 TO D! T T Y - (9 0 9) 3 8 4- 5 5 4 0 C I T Y O F an Bernardino R A C H E L C L A R K C I T Y C L E R K March 4, 1999 Larry Niegel San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92401 Dear Mr. Niegel: Enclosed is a certified copy of Resolution No. 98 -341 along with the executed the agreement with San Bernardino City Unified School District for use of the City of San Bernardino Police Department's Firing Range. The certified copy is for your records. If you have any questions, please feel free to call our office at (909) 384 -5002. Sincerely, Sandra Medina, Administrative Operations Supervisor Enclosure: Resolution No. 98 -341 & agreement P. O. B O X 1 3 1 8, S A N B E R N A R D I N O, C A 8 2 4 0 2 3 0 0 N O R I H D S T R E E T S A N B E R N A R D I N O C A I I F O R N I A 5 2 4 1 8. 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2 ` ( 9 0 9) 3 8 4- S 1 0 2 F A X( 9 0 9) 3 8 4. 5 1 5 8 T 0 0 1 T T Y ( 9 0 9) 3 8 4- S 5 4 0 a T Y O F T an berflardiflo 1 R A C H E L C L A R K C I T Y C L E R K March 4, 1999 Larry Niegel San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92401 Dear Mr. Niegel: Enclosed is a certified copy of Resolution No. 98 -341 along with the executed the agreement with San Bernardino City Unified School District for use of the City of San Bernardino Police Department's Firing Range. The certified copy is for your records. If you have any questions, please feel free to call our office at (909) 384 -5002. Sincerely, Sandra Medina, Administrative Operations Supervisor Enclosure: Resolution No. 98 -341 & agreement P. O. B 0 X 1 3 1 8, S A N B E R N A R D 1 N O, C A 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0. C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2 ( 9 0 9) 3 8 4 - 5 1 0 2 F A X -( 9 0 9) 3 8 4. 5 1 5 8 T D D/ T T Y -( 9 0 9) 3 8 4- 5 5 4 0