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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt
Chief of Police
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the Mayor to
execute an Agreement with the
California Highway Patrol, San
Bernardino allowing the California
Highway Patrol to use the City of San
Bernardino Police Department's Firing
Range.
MICC Date: Julv,10.2006
Dept: Police
Date: June 7, 2006
Synopsis of Previous Council Action:
N/A
Recommended Motion:
Adopt Resolution
~LJ/tO~
Signature
Contact person: Th..nrli.. I-I..no;:nn
Phone: "A.1-'5690
Supporting data attached:
yes
Ward: rill
FUNDING REQUIREMENTS:
Amount: None
Source: N/A
Finance:
Council Notes: ---.R.€Q) , :){)Dh- :J.L/3
Agenda Item No,
~
7/1 01 dc,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution authorizing execution of an Agreement between the City of San Bernardino and the
California Highway PatroL San Bernardino for use of the Police Department's firing range for
training purposes.
Backl!:round:
California Highway PatroL San Bernardino (CHP-SB) does not have its own firearms range. On
a contractual basis CHP-SB presently utilizes the firearms facility of the San Bernardino
Sheriff s Department for monthly qualifications and training of its personneL Limited access
and restrictive hours of operation of the Sheriff Department range is problematic for CHP-SB.
CHP-SB is incurring significant monthly overtime costs associated with its night watch patrol
officers holding over after their work shift (0600 hours) and waiting for the SBSD range to open
(0800 hours) for business. An even more important concern that the CHP-SB leaders want to
remedy is to have their night watch patrol officers train and qualify with firearms during hours of
darkness. an situation which night watch officers are more likely to encounter during their tour of
duty.
The CHP will provide a certified and credentialed rangemaster, and will supply all targets,
ammunition and range-related safety equipment. All CHP participants will conduct themselves in
accordance with range rules and regulations outlined in the contract. CHP-SB will utilize the San
Bernardino Police Department's pistol range during hours of 1830 to 2145 hours.
Financial Impact:
None
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO ALLOWING
THE CALIFORNIA HIGHWAY PATROL TO USE THE CITY OF SAN
BERNARDINO POLICE DEPARTMENT'S FIRING RANGE.
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, an Agreement with the California
Highway PatroL San Bernardino, allowing said California Highway Patrol Law Enforcement
Officers to use the City of San Bernardino Police Department's tiring 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 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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO ALLOWING
THE CALIFORNIA HIGHWAY PATROL 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
, 2006, by the following vote, to wit:
thereof, held on the
day of
9 Council Members
Abstain
Absent
J'tw;
Aves
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ESTRADA
BAXTER
McGINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel M, Clark, City Clerk
day of
,2006.
The foregoing resolution is hereby approved this
23 Patrick J. Morris, Mayor
24 Approved as to form:
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO
CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE
OF THE CITY POLICE DEPARTMENT'S FIRING RANGE
Page 1 of 4 Pages
This AGREEMENT made and entered into this day of , 2006, in the State
of California, by and between the State of California, through its duly elected or appointed, qualified
Captain of the California Highway Patrol, hereafter called the State, and the City of San Bernardino,
hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements,
and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services
and materials as follows:
I.
The CONTRACTOR shall make available to the California Highway Patrol - San Bernardino use of the
weapons firing range two (2) days per month during contractual year. Range use shall take place at
times and dates specified by the San Bernardino City Police Department Rangemaster. Available range
facilities shall include, and is limited to the following:
Pistol Range, rifle range, and combat shooting course.
II.
STATE shall provide a Rangemaster who shall coordinate with the CONTRACTOR to ensure the proper
use of the range facilities.
III.
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 STATE shall designate a representative
to serve as liaison to the police department 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 Exhibit B - Rules of the Range.
B. Violations of range rules and regulations may result in immediate termination of range
privileges or suspension of an individual officer.
IV.
The STATE shall supply and bear the cost of all necessary supplies, ammunition or equipment necessary
for shoots or training above those detailed in Schedule A. All expended ammunition brass remaining
after qualifying shoots and training sessions shall become the sole property of the CONTRACTOR.
V.
It shall be the sole responsibility of the STATE to ensure that all shooters contracted arrive for all shoots
and training sessions.
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO
CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE
OF THE CITY POLICE DEPARTMENT'S FIRING RANGE
Page 2 of 4 Pages
VI.
The STATE 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 STATE'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 and subject to the availability of funds.
INSURANCE: In order to accomplish the indemnification herein provided for, but without limiting
the indemnification, the ST ATE 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-Insurance 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 $250,000.00 limits.
COMPREHNSIVE 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 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 STATE and their authorized agents,
officers, volunteers, and employees against any and all claims or actions arising from CONTRACTOR'S
negligent acts 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 and subject to the availability of funds.
VII.
The term of this contact shall be for a period of time commencing on , 2006 and
terminating on June 30, 2011. Notwithstanding the foregoing, 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.
VIII.
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. This address of the parties hereto, until further notice, are
as follows:
STATE:
California Highway Patrol - San Bernardino
Attention: Lieutenant Ernest Sanchez #13424, Training Administrator
2211 Western Avenue
San Bernardino, CA 92411-1243
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO
CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE
OF THE CITY POLICE DEPARTMENT'S FIRING RANGE
Page 3 of 4 Pages
CONTRACTOR:
City of 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 STATE shall limit the use of CONTRACTOR'S range facilities to those personnel permanently
assigned to the California Highway Patrol - San Bernardino.
XI.
This contact 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.
STATE OF CALIFORNIA
CONTRACTOR
California Hiqhwav Patrol
Agency
Citv of San Bernardino
Contractor
Authorized Signature
Authorized Signature
James E. Szabo, Captain
Printed Name & Title of Person Signing
Patrick J. Morris, Mavor
Printed Name & Title of Person Signing
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO
CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE
OF THE CITY POLICE DEPARTMENT'S FIRING RANGE
Page 4 of 4 Pages
SCHEDULE A
SUPPLIES AND SERVICES PROVIDED BY THE CITY OF SAN BERNARDINO POLICE DEPARTMENT
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO
CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE
OF THE CITY POLICE DEPARTMENT'S FIRING RANGE
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 Police Range
Facility.
POLICY:
The Services Lieutenant or the designated rangemaster is in complete charge of the pistol range at 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 he/she sees fit, for violation of any of the range procedures
(rules).
PROCEDURE:
A. RULES
1. No person will enter the pistol range with a loaded weapon, 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 misfire or a jam, keep weapon pointed down range, raise your free
hand and the Rangemaster will assist you.
9. Unloaded 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 safety line or handle any weapon while
anyone is down range.
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO
CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE
OF THE CITY POLICE DEPARTMENT'S FIRING RANGE
Page 2 of 2 Pages
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.
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 at 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 worn in addition to ear muffs.
c. Safety Glasses - Safety glasses are protective eye devices. Officers
may wear prescription glasses if 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.
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE CALIFORNIA HIGHWAY PATROL - SAN BERNARDINO
CONCERNING THE CALIFORNIA HIGHWAY PATROL'S USE
OF THE CITY POLICE DEPARTMENT'S FIRING RANGE
Page 1 of 1 Pages
NONDISCRIMINATION CLAUSE
(OCP01)
1. During the performance of this contract, contractor and is subcontractors shall not unlawfully
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or
sex. Contractors and subcontractors shall insure that the evaluation and treatment of their
employees and applicants for employment are free of such discrimination. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act
(Government Code, Section 12900 et seq.) and the applicable regulations promulgated
thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing Government Codes,
Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code
are incorporated into this contract by reference and made a part hereof as if set forth in full.
Contractor and its subcontractors shall give written notice of their obligations under this clause of
labor organizations with which they have a collective bargaining or other agreement.
2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contact.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item #
Vote: Ayes) )::<) J -,Y/J, f1~ay~ CO
Change to motion to amend original documents D
;A~
Resolution #
Abstain <Q...
Companion Resolutions
NullNoidAfter: {oO days/ 9117/fiL dt~ Qyn$l ~L
Resolution # On Attachments: ~ ~ution of attachment stored separately: D
PUBLISH D POST D RECORD W/COUNTY D By:
Date Sent to Mayor: '1/ / f I () Cc,
Date of Mayor's Signature: 7/1 'l..~Dt.>
Date ofClerk/CDC Signature: ' -7 J ' 3} 0(1'
Reso. Log Updated: ~
Seal Impressed: ~
Reso. # on StaffRepo~
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
1-/ g- Dfp
Not Returned: D
Date Returned: 7 -.;)l{ -~
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
YesL
No
Yes
Yes
Yes
Yes
No--4-
NoL
No 4-
No 4-
Copies Distributed to:
Animal Control D EDA
City Administrator D Facilities
City Attorney ..J5<t; fdl\.w Finance
Code Compliance D Fire Department
Development Services D Human Resources
Others:
D Information Services
D Parks & Recreation
~olice Department
D Public Services
D Water Department
By_
By_
By_
By_
By_
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Notes:
Ready to File: _
Date:
Revised 12/18/03
~AN BERNARDINO POLICE DEPARTMENT I
'{- J-ln.h.
.Tran~ittal Slip Date
To: WQQ,', n l1r!L.bl'A..J
Department
Debi Shuker 384-5697
Personnel & Traininf!
From:
0 For your information 0 Please follow up
0 Per our conversation 0 Please check
0 Per your request 0 Please rush
0 For your file 0 Please return
0 For your approval 0 Please see me
0 For your signature 0 For your comments
Comments:
.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 18, 2006
TO:
Lieutenant Ted Henson
Police Department
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents - Resolution No. 2006-243
At the Mayor and Common Council meeting of July 10, 2006, the City of San Bernardino
adopted Resolution No. 2006-243 - Resolution authorizing the Mayor to execute an agreement
with the California Highway Patrol, San Bernardino, allowing the California Highway Patrol to
use the City of San Bernardino Police Department's Firing Range.
Attached are a copy of Resolution No. 2006-243, one (1) ORIGINAL agreement, and two (2)
duplicate original agreements. Please obtain signatures in the appropriate locations and return
the ORIGINAL agreement to the City Clerk's Office to the attention of Dodie Otterbein,
Records Management Coordinator. Please retain a duplicate executed agreement for your
records and forward the other duplicate agreement to the other party.
Please be advised that the contract will be null and void if not executed within sixty (60)
days, or by Friday, September 8, 2006.
If you have any questions, please contact Dodie Otterbein at ext. 3215.
Sandra Medina
Assistant to the City Clerk
I hereby acknowledge receipt of the above mentioned documents.
Signed: I, ~~1rN f/2..
I (
Date: r1i ,gj }beG"
Please sign and return