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Clr~f' OF SAN BERNARDrO - REQUF~T FOR COUNCIL AC-.ON
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From:
DONALD J. BURNETT
CHIEF OF POLlCE
POll CE
MAY 15, 1987
REC'O.. ADMIN. llFSubject:
i981 MAY 21 PM 12: 54
CONTRACT RENEWAL FOR RANGEMASTER,
EUGENE HENRIKSEN
Dept:
Date:
~9
Synopsis of Previous Council action:
Annually, the Common Council has approved a resolution authorizin9 the execution
of a contract between the City and the Rangemaster, Eugene Henriksen.
Resolution #86-363
Recommended motion:
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Adopt resolution
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Signature
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Phone:
384-5604
Contact person: Dave Thomas, Captai n
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
$16,800
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Source: 001-229-53150 S'} / If
(PROFESSIONAL/CONTRACTURAL SVCS)
Finance: f) ,. .e?~
Council Notes:
75-0262
Agenda Item No.
$..."
CIO OF SAN BERNARDCjO - REQU~T FOR COUNCIL AC:)ON
STAFF REPORT
The City has had a contractual agreement with a Rangemaster for several years.
The Rangemaster provides expert instruction and training in the use of firearms
to City Pol ice Offi cers and also ma i nta ins the Range for use by gun cl ubs and
other law enforcement agencies.
The Rangemaster also repairs all Police Department issued handguns.
The present Rangemaster is a retired Police Officer and has trained himself
through attendance at schools to improve his expertise in instruction and repair
of handguns.
Because it was necessary to make changes on the original agreement,
the revised agreement was not completed in time for the regu~ar
Agenda. Therefore, it is necessary to place the item on the
Supplemental Agenda.
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75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF &~ AGREEMENT WITH EUGENE R. HENRIKSEN RELATING,
TO POLICE FIREAm1S TRAINING.
BE IT RESOLVED BY THE MAYOR AND CO~1MON 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 said
City an Agreement with Eugene R. Henricksen relating to police
firearms training, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San t
Bernardino at a
meeting thereof,
held on the
day of
, 1987, by the
following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
9-17-87
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2 of
The foregoing resolution is hereby approved this
, 1987.
day
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Mayor of the City of San Bernardino
5 Approved as to form
and "legal content:
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City Attorney
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A G R E E MEN T
(Police Firearms Training Consultant)
THIS AGREEMENT is made and entered into this
day of
, 1987, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter called "City",
and EUGENE R. HENRIKSEN, an individual, hereinafter called
"Consul tant" .
City and Consultant agree as follows:
1. Recitals.
(a) The San Bernardino Police Pistol Range is located
at Perris Hill Park, San Bernardino, California.
(b) City desires to retain a firearms training
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consultant to review its operations, make recommendations
concerning operations and, as an incident thereof, to train
police officers, and review, establish and enforce safety rules
and regulations at the San Bernardino Police Pistol Range; it
is understood by the parties hereto that Consultant's training
and managerial activities provided hereunder will be invaluable
in formulating ilis written recommendations.
(c) Consultant has expertise in all phases of small
arms range operations and firearms marksmanship training.
(d) Consultant's services are retained to provide to
City's police officers, police reserves, and others, the benefits
of a skilled instructor/consultant.
2. General. For and in consideration of the compensation
and covenants hereinafter mentioned to be made and performed by
the City and Consultant, the City retains Consultant and
Consultant agrees to perform the consulting activities provided
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herein.
3. Duties of Consultant. Consultant shall provide the
following services:
(a) Perform firearms training for all San Bernardino
police officers, including the enforcement of the range safety
rules and regulations.
(b) Sell range permits for prescribed fees to all
qualified persons, maintain records thereof, account for all
receipts therefrom, and pay said funds collected to the City
Treasurer.
(c) Conduct regular firearms qualifications training
programs on Mondays and Thursdays of each week for City police
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officers.
In the event a Monday or Thursday falls on a legal
holiday, then said training shall be conducted on the next
regular business day.
(d) l-1aintain records of each police officer' s
proficiency with firearms, and submit a listing, on request of
the Chief of Police, of all police officers who are unable to
qualify or who are not participating in the firearms training
program.
(e) Maintain an inventory and an adequate supply of
ammunition, targets and other miscellaneous supplies necessary
to conduct the firearms training program and to maintain the
range. Additional supplies shall be provided by City as needed
without charge therefor. An itemization of said supplies to
be furnished is attached hereto, marked Exhibit "A" and
incorporated herein by reference. Consultant shall furnish
and bear the cost of any other items or services needed.
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(f) Schedule shoots for civilian clubs and insure
the availability of the range for public use when the range is
not being used for police training or qualifications.
(g) Provide City with monthly written reports which
review the procedures and operations of the range and make
specific recommendations for the improvement of the rules,
regulations and operations thereof.
(h) Maintain the lawn and grounds area in an acceptable
condition to City.
(i) Consultant shall maintain and keep adequate books
and records on a current basis recording all time and monies
expended by him in a form satisfactory to City and in accordance
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with generally accepted accounting principles. Said books and
records and all supporting details shall be made available to
City for purposes of audit at all reasonable times and places.
16 All such periods of time as required by law; provided, however,
17 notwithstanding any shorter periods of retention, all books,
18 records and supporting details shall be maintained for a period
19 of at least three years after the termination of this agreement.
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4. Payment by City. City shall pay Consultant as and for
21 all of his services to be rendered hereunder, the sum of twelve
22 hundred dollars (1200.00) per month. Consultant shall submit
23 a claim or demand for each mont~ly payment, and City shall pay
24 Consultant's said bills promptly within the period of time City
25 normally uses for processing said claims.
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5. Hours of Performance. Consultant shall devote a
27 minimum of 173 hours per month in the performance of his duties
28 hereunder. Consultant shall schedule his own hours, to be
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compatible with other departmental use of the facility.
Notwithstanding the foregoing, Consultant shall devote all
hours necessary to the project to insure adequate performance
hereunder. Consultant shall be permitted to abstain from
performance of services for a period of no more than seven
days during anyone year period with City's approval. City
shall deduct a pro rata share of Consultant's compensation
for any such periods when no services are performed.
6. Term. This agreement shall be for a period of
one year commencing
1987, and ending
, 19
7. Unilateral Termination. This agreement may be
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terminated by either party by giving thirty days' written
notice to the other, and this agreement shall terminate forth-
with thirty days following the date said written notice is
given.
8. Consultant's Professional Status. Consultant accepts
the relationship of trust and confidence to be established
between him and City. Consultant covenants with City that he
will exercise his best professional skill and judgment in
furthering the interest of City. It is hereby agreed that
City shall not have the right to supervise or direct Consultant
with respect to his performance of the provisions of this
agreement and that Consultant shall be at all times herein an
independent contractor and not an employee or agent of City.
9. Assignability. The experience, skill and expertise of
Consultant is of the essence of this agreement. Consultant
shall not assign (whether by assignment or novation) this
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agreement or delegate his duties hereunder iil whole or in
part or any right or interest hereunder without the prior
written consent of City. Any assig~~ent or attempt to assign
this agreement without such prior written consent or by opera-
tion of law shall constitute cause for termination.
10. All premises shall be open to inspection by City
at any and all times; premises are City property, and Consultant
shall have no expectations of privacy as to any portion thereof.
11. Amendment. This agreement may be amended or modified
only by written agreements signed by both parties and failure
on the part of either party to enforce any provisions of this
agreemen't shall not be construed as a waiver of the right to
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compel enforcement of such provision or provisions.
12. Hold Harmless Agreement. Consultant hereby agrees
to, and shall, hold City, its elec,tive and appointive boards,
co~~issions, officers, agents and employees, harmless from any
liability for damage or claims for damage for personal injury,
including death, as well as from claims for property damage
which may arise from Consultant's operations under this
agreement. Consultant agrees to, and shall, defend City and
its elective and appointive boards, co~~issions, officers,
agents and employees from any suits or actions at law or in
equity for damages caused or alleged to have been caused by
reason of Consultant's performance hereunder including any
claims that may arise against City by reason of Consultant's
legal relationship with City being categorized as other 'than
that of an independent contractor.
14. Notices. All notices herein required shall be in
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writing, and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
City of San Bernardino
c/o Chief of Police
P.O. Box 1559
San Bernardino, CA 92401-1559
Eugene R. Henriksen
505 W. Randall
Rialto, CA 92376
IN WITNESS vlliEREOF, the parties hereto have executed
this Agreement on the date first hereinabove written.
ATTEST:
CITY OF Sfu~ BERNARDINO
BY:
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City Clerk
Mayor
CONSULTANT
,
Eugene R. Henriksen
Approved as to form and legal content:
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c;.i:'ty Attorney
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EXHIBI'r "A"
SUPPLI ES TO BE FURNISHED BY CI'I'Y TO CONSULTANT
1. Reloaded .38 calibre pistol cartridges
2. 12 gauge shotgun shells
3. .38 calibre shell casings (once tired)
4. Other ammunition deemed by the parties to be essential
5. 25-yard rapid fire pistol targets, Model B-13
6. Small silhouette targets, Model '1'-50
7. Large silhouette targets, Model 3242
8. 25-yard rapid fire target centers, Model B-15
9. Target posters
10. Redwood lathes tor target frames
11. Weapons cleaning solvent
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12. .38 calibre and 12 gauge shotgun patches
13. Cleaning rods, brushes, tips, and the like
14. Staple guns and staples
15. Miscellaneous supplies for range maintenance, e.g.,
soap, towels, small tools, electricity, natural gas,
water, telephone service, gasoline and oil
16. Use of compact pick-up truck (Courier) and necessary
fuels and maintenance for its operation solely in
relation to consultant's performance pursuant to
this agreement.
ALL SUPPLIES AND ITEMS LISTED HEREIN NOT USED OR CONSUMED IN
THE PERFOP,,'iAI,CE OF CONSULTANT'S DUTIES PURSUANT TO THIS AGREDilmT
SHALL DE AND REi-lAIN THE PROPERTY OF THE CITY OF Sl\N DERNARDHIO.