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HomeMy WebLinkAboutNB-City Attorney . . CITY OF SAN ......&DINO - () 3y~ REQUEST FOR COUNCIL ACTION From: James F. Penman City Attorney Dept: City Attorney Subject: CONTRACT RENEWAL FOR RANGEMASTER, EUGENE HENRIKSEN Date: August 3, 1990 <li;.3(r , Synopsis of Previous Council ection: Annually the Common Council has approved a resolution authorizing the execution of a contract between the City and the Rangemaster, Eugene Henriksen. Resolution No. 88-339 was approved and the contract was fully negotiated and signed by all parties. Resolution was passed by the Mayor and Common Council on 11/6/89 ex- tending the agreement for one year. Recommended motion: Adopt Resolution I~ 7~ Signature Contact penon: James F. Penman Phone: 5355 Supporting date attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $6.534. Source: 0....\ ... .... .:--31ot""D (ACCT. NO.) v r.... ~...!.. J (ACCT. DESCRIPTION) Finance: ~)J- Council Note.: A___..I_ t..__ ...._ ~..j:'" ~ ~...I~ C~T~ OF SAN _AtaNO - ~ST ..&\ COUNCIL ACTION STAFF REPORT The City of San Bernardino has had a contractual agreement with the Rang....ter for ..veral y.ars. Th. Rangemaster provides exp.rt instruction/consultation in the use and car. of firearms to the City's Police Officers and Polic. Res.rves. The Rangemaster also maintains the range for use by other law enforcement agencies, gun clubs, and the general public. Additionally, the Rangemaster inspects and repairs as necessary, all departmental is.ued handguns, and develops tactJ.cal firearaB qualification courses . for training of the City Police Officers and Police Reserves. The present Rangemaster, Eugene R. Henriksen is a retired police offioer who is certified in the capacity of Rangemaster as well as in firearms instruction and repair. Unfortunately, there is a question as to whether or not the position qualifies as an independent contractor. Independent con~ractors must 1) set their own hours, 2) provide their own equipment (i. e. pistol range) and 3) not be supervised by the City. Additionally, there is no workmen's compensation available for a contract employee, exposing the City to potential full liability in the event of an injury. It is proposed to extend the agreement for 90 days until the Chief can meet with the Personnel Committee to discu.s conversion of the position from a contractual one to an employee position. 75.0264 . 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 . o RESOLUTION NO. 90-..:31"'1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AN AGREEMENT WITH EUGENE R. HENRIKSEN RELATING TO POLICE FIREARMS TRAINING AND THE SAN BERNARDINO POLICE PISTOL RANGE. ' BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City a Second Amendment to an Agreement dated October 25, 1988, incorporated in Resolution No. 88-339, with Eugene R. Henriksen relating to police firearms training and the San Bernardino Police Pistol Range, a copy of said Second Amendment to Agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. This Second Amendment to Agreement extends the term of said Agreement to September 30, 1990. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a /r meeting thereof, held on the / / / / / / / / / / / / / / / / / / / / / / / / JNM:ms/henriksn.res August 3, 1990 I .. . 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 . o RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AN AGREBMBNT WITH EUGENE R. HENRIKSEN REL~TING TO POLICE FIREARMS TRAINING AND THE SAN BERNARDINO POLICE PISTOL RANGE. j,tl,-, day of . ~d:r- , 1990, by the following vote, to wit: Council M_bers: AYES NAYS ABSTAIN ESTRADA REILLY / / ../ V .,,/ V'" a~ City Clerk is hereby approved this ~~~ day FLORES MAUDSLEY MINOR POPE-LUDLAM , MILLER ~ The foregoing resolution of ~' 1990. Approved as to form and legal content: JAMES F. PENMAN, City Attorney JNM:ms/henriksn.res August 3, 1990 2