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HomeMy WebLinkAbout1980-008 i RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KAROL L. KASSI RELATING TO A 3 ! POLICE FIREARMS TRAINING CONSULTANT. 3 4 I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: ! 5 j SECTION 1 . The Mayor of the City of San Bernardino is 6 jhereby authorized and directed to execute on behalf of said City 7 1 ! an Agreement with Karol L. Kassi relating to a police firearms I 8 training consultant, a copy of which is attached hereto, marked 9 ! Exhibit "I" and incorporated herein by reference as fully as 10 though set forth at length. i I HEREBY CERTIFY that the foregoing resolution was I 12 duly adopted by the Mayor and Common Council' of the City of San i 13 Bernardino at a > '{ meeting thereof., held on 14 the day of r' pct 1980, by the following 15 vote, to wit: ! 16 rfi 4 AYES: Councilmen 18 NAYS: i e` 19 / ABSENT: �:1rY 20 21 City Clerk 22 The foregoing resolution is hereby approved this 23 day of .rtr ..' - - , 1 24 25 Woe ity o Bernardino 26 Approved as to form: f i 28 City At rney i 1 A G R E E M E N T 2 I (Police Firearms Training Consultant) 3 THIS AGREEMENT is made and entered into this day of 4 1980, by and between the CITY OF SAN BERNARDIN , 5 a municipal corporation, hereinafter called "City" , and KAROL L . 6 KASSI an individual , hereinafter called "Consultant" . 7 W I T N E S S E T H: 8 WHEREAS , the San Bernardino Police Pistol Range hereinafter 9 sometimes referred to as "Range" is located at Perris Hill Park, 10 San Bernardino, California; and 11 WHEFE!-,S, the City of San Bernardino desires to retain a 12 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 18 invaluable in formulating his written recommendations ; and 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 tim 23 and in the manner specified herein, the parties hereto agree as 24 follows ; 25 1. General. For and in consideration of the compensatio 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 EXHIBIT "I" Ei j j 1 herein. I (2) . Duties of Consultant. Consultant shall perform � i 3 the following functions : 4 i (a) Perform firearms training for all San Ber- I I 5 nardino police officers, including the enforcement of the range 6 ( safety rules and regulations. 7 (b) Sell range permits for prescribed fees to 8 all qualified persons, maintain records thereof,account for all I 9 Ireceipts therefrom, and pay said funds collected to the City I, I 10 iTreasurer. i 11 i (c) Conduct regular firearms qualification 12 straining programs on Mondays and Thursdays of each week for City 13 police officers. In the event a Monday or Thursday falls on a 14 legal holiday, then said training shall be conducted on the next j I 15 regular business day. 16 (d) Maintain records of each police officer' s 17 proficiency with firearms, and submit a listing, on request of 1 18 the Chief of Police, of all police officers who are unable to I 19 qualify or who are not participating in the firearms training j 20 ( program. I 21 (e) Maintain an inventory and an adequate suppl4, i 22 of ammunition, targets and other miscellaneous supplies necessary ! I 23 to conduct the firearms training program and to maintain the range. 24 Additional supplies shall be provided by City as needed without 25 charge therefore. An itemization of said supplies to be 26 furnished is attached hereto, marked Exhibit "A" and incorported L j 27 herein by reference. Consultant shall furnish and bear the 28 -2- 1 cost of any other items or services needed. 2 (g) Schedule shoots for civilian clubs and insure the 3 availability of the range for public use when the range is not 4 being used for police training or qualifications . 5 (h) Provide City with monthly written reports which 6 review the procedures and operations of the range and make 7 specific recommendations for the improvement of the rules , regu- 8 lations and operations thereof. 9 3 . Payment by City. City shall pay Consultant as and for 10 all of his services to be rendered hereunder, the sum of nine 11 hundred dollars ($900. 00) per month. Consultant shall submit a 12 claim or demand for each monthly payment , and City shall pay 13 Consultant' s said bills promptly within the period of time City 14 normally uses for processing said claims . 15 4. Hours of Performance. Consultant shall devote a 16 minimum of 173 hours per month in the performance of his duties 17 hereunder. Notwithstanding the foregoing, Consultant shall devote 18 all hours necessary to the project to insure adequate performance 19 hereunder. 20 Consultant shall maintain and keep adequate books and 21 records on a current basis recording all time and monies expended 22 by him in a form satisfactory to City and in accordance with 23 generally accepted accounting principles . Said books and records 24 and all supporting details shall be made available to City for 25 purposes of audit at all reasonable times and places . All such 26 books and records shall be maintained by Consultant for such periods of time as required by law; provided, however, notwith- 27 standing any shorter periods of retention, all books , records and 28 -3- i I supporting details shall be maintained for a period of at least 2 three (3) years after the termination of this agreement . 3 5. Term. This agreement shall terminate June 30, 1980. 4 6. Unilateral Termination. This agreement may be ter- 5 minated by either party by giving thirty (30) days ' written 6 notice to the other, and this agreement shall terminate forthwith 7 thirty (30) days following the date said written notice is given. 8 7 . Consultant ' s Professional Status . Consultant accepts 9 the relationship of trust and confidence to be established be- 10 tween him and City. Consultant covenants with City that he 11 will exercise his best professional skill and judgment in 12 furthering the interest of City. It is hereby agreed that City 13 shall not have the right to supervise or direct Consultant with 14 respect to his performance of the provisions of this agreement 15 and that Consultant shall be at all times herein an independent 16 contractor and not an employee or agent of City. 17 8 . Assignability. The experience, skill and expertise 18 of Consultant is of the essence of this agreement . Consultant 19 shall not assign (whether by assignment or novation) this agree- 20 ment or delegate his duties hereunder in whole or in part or any 21 right or interest hereunder without the prior written consent of 22 City. Any assignment or attempt to assign this agreement without 23 such prior written consent or by operation of law shall con- 24 stitute cause for termination. 25 9. Amendment. This agreement may be amended or modified 26 only by written agreements signed by both parties and failure on 27 the part of either party to enforce any provision of this agree- 28 ment shall not be construed as a waiver of the right to compel -4- 1 enforcement of such provision or provisions nor act to release 2 any surety from its obligations under this agreement . 3 10. Hold-Harmless Agreement . Consultant hereby agrees to , 4 and shall, hold City, its elective and appointive boards , 5 commissions , officers , agents and employees , harmless from any 6 liability for damage or claims for damage for personal injury, 7 including death, as well as from claims for property damage which 8 may arise from Consultant ' s operations under this agreement . 9 Consultant agrees to, and shall , defend City and its elective 10 and appointive boards , commissions , officers , agents and employees 11 from any suits or actions at law or in equity for damages caused 12 or alleged to have been caused by reason of Consultant' s perform- 13 ance hereunder including any claims that may arise against City 14 by reason of Consultant ' s legal relationship with City being 15 categorized as other than that of an independent contractor . 16 11. Notices . All notices herein required shall be in 17 writing, and delivered in person or sent by certified mail . I 18 19 ' i 20 21 22 23 24 25 26 27 28 -5- 1 postage prepaid, addressed as follows : 2 City of San Bernardino Karol L. Kassi 300 North "D" Street 10701 Cedar, Space 111 3 San Bernardino , CA 92418 Bloomington, Ca 92316 4 IN WITNESS WHEREOF, the parties hereto have executed this 5 Agreement on the date first hereinabove written. 6 CITY OF SAN BERNARDINO 7 ATTEST: 8 a or 10 City Clerk CONSULTANT 11 12 13 ' 1 KAROL L. KASSI 14 15 16 pproved as to form: 17 18 19 ity Attevrney 20 21 22 23 24 25 26 27 28 1 EXHIBIT "A" 2 SUPPLIES TO BE FURNISHED BY CITY TO CONSULTANT 3 1. Reloaded . 38 calibre pistol carridges 4 ! 2. 12 gauge shotgun shells 5 3 . . 38 calibre shell casings (once fired) ii 6 4. Other ammunition deemed by the parties to be essential 7 5 . 25 yard rapid fire pistol targets , Model B-13 8 6. Small silhouette targets , Model T-50 9 7 . Large silhouette targets , Model 3242 10 8 . 25 yard rapid fire target centers , Model B-15 11 9. Target posters 12 10. Redwood lathes for target frames 13 11. Weapons cleaning solvent 14 12 . . 38 calibre and 12 gauge shotgun patches 15 13 . Cleaning rods , brushes , tips , and the like 16 14. Staple guns and staples 17 15 . Miscellaneous supplies for range maintenance, e. g. , 18 soap, towels , small tools , electricity, natural gas , 19 water, telephone service, gasoline and oil i 20 16. Use of compact pick-up truck (Courier) and necessary 21 fuels and maintenance for its operation solely in relatio 22 to consultant' s performance pursuant to his agreement. 23 ALL SUPPLIES AND ITEMS LISTED HEREIN NOT USED OR CONSUMED 24 IN THE PERFORMANCE OF CONSULTANT' S DUTIES PURSUANT TO THIS 25 AGREEMENT SHALL BE AND REMAIN THE PROPERTY OF THE CITY OF SAN 26 BERNARDINO. 27 28 EXHIBIT "A"