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HomeMy WebLinkAbout25- Police CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Lee Dean, Chief of Police Subject: Contract between the City of San Bernardino and the California Dept: Police ? State University, San Bernardino for use m, L of the Police Department's firing range Date: March 14, 2000 and firearms training program Synopsis of Previous Council Action: Resolution 96-288 Previous contract between City of San Bernardino and the California State University, San Bernardino for use of the Police Department's firing range and firearms training program. Recommended Motion: Adopt Resolution ! Signature Contact person: Lt. Steve Jarvis Phone: 384-5690 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descri tp ian) Finance: Council Notes: Agenda Item No. CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject Contract between the City of San Bernardino and the California State University, San Bernardino for use of the Police Department's firing range and firearms training program. Background In July 1996, the City of San Bernardino entered into an agreement with the California State University, 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 original contract has expired. California State University, San Bernardino wishes to continue to contract for the use of our Range facility through 2004. In the original contract California State University, San Bernardino was charged a fee of $8.00 per officer, per qualifying shoot. Due to increase in costs and salaries, that fee will increase to $10.00 per officer, per qualifying shoot with the approval of a new contract. That $10.00 is also the fee currently charged to other agencies that contract use of our firing range. The Police Department is responsible for the day-do-day operations of the firing range and the Chief of Police has supervision responsibility over the range and the personnel responsible for its operation. Financial Impact As a result of this agreement, there will be an annual increase in General Fund revenue of approximately $1,040.00. The cost per shooter was calculated on the basis of cost of materials and ammunition. Minimal costs associated with this contract will be absorbed in the Police Department's budget. Recommendations That a standard contract be approved by the Mayor and Common Council allowing the California State University, San Bernardino use of the Police Department firing range services and firearms training program. CALIFORNIA STATE UNIVERSITY ADMINISTRATION & FINANCE SAN BERNARDINO Purchasing Office 5500 University Parkway,San Bernardino,CA 92407-2397 (9 0 9) 88 0-5 14 2 March 30, 2000 City of San Bernardino Police Department PO Box 1559 San Bernardino, CA 92401-1559 Reference: Standard Agreement#W995005 Dear Gentlemen: Enclosed are three copies of the above-referenced agreement for use of the firing range by California State University, San Bernardino. Please have your delegate representative sign all three copies, retain one copy for your records, and return the remaining two to our office. By issuance of this letter, you are hereby requested to continue the services of this agreement. Thank you our c tinued assistance. Carol Po "dexter Buyer,' Enclosures The California State University Bakersfield•Channel Islands•Chico•Dominguez Hills• Fresno•Fullerton•Hayward•Humboldt•Long Beach•Los Angeles•Maritime Academy Monterey Bay•Northridge•Pomona•Sacramento•San Bernardino•San Diego•San Francisco•San Jose•San Luis Obispo•San Marcos•Sonoma•Stanislaus i CEO p� 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN 3 BERNARDINO TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA STATE 4 UNIVERSITY, SAN BERNARDINO ALLOWING THE UNIVERSITY TO USE THE CITY OF SAN BERNARDINO POLICE DEPARTMENT'S FIRING RANGE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 8 directed to execute, on behalf of the City of San Bernardino Police Department, an 9 10 agreement with the California State University, San Bernardino allowing said District to 11 use the City of San Bernardino Police Department's firing range, a copy of which is 12 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as 13 though set forth at length. 14 SECTION 2. The authorization granted hereunder shall expire and be void of no 15 further effect if the Agreement is not executed by both parties and returned to the Office 16 of the City Clerk within sixty (60) days following the effective date of the resolution. 17 18 19 20 21 22 23 24 25 26 27 28 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN 2 BERNARDINO TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO ALLOWING THE UNIVERSITY TO USE THE CITY 3 OF SAN BERNARDINO POLICE DEPARTMENT'S FIRING RANGE. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of , 2000, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 MCGINNIS 11 SCHNETZ 12 SUAREZ 13 ANDERSON 14 MCCAMMACK 15 16 17 CITY CLERK 18 19 The foregoing Resolution is hereby approved this day of , 2000. 20 JUDITH VALLES, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 26 By: 27 28 CALIFORNIA STATE UNIVERSITY ADMINISTRATION & FINANCE SAN BERNARDINO Purchasing Office 5500 University Parkway, San Bernardino, CA 92407-2397 (9 0 9) 8 8 0-514 2 March 30, 2000 City of San Bernardino Police Department PO Box 1559 San Bernardino, CA 92401-1559 Reference: Standard Agreement#W995005 Dear Gentlemen: Enclosed are three copies of the above-referenced agreement for use of the firing range by California State University, San Bernardino. Please have your delegate representative sign all three copies, retain one copy for your records, and return the remaining two to our office By issuance of this letter, you are hereby requested to continue the services of this agreement. Thank you fed your 9o9tinued assistance. Carol Poindexter Buyer_ Enclosures The California State University Bakersfield•Channel Islands•Chico•Dominguez Hills• Fresno•Fullerton•Hayward•Humboldt•Long Beach •Los Angeles•Maritime Academy Monterey Bay•Northridge•Pomona•Sacramento•San Bernardino•San Diego•San Francisco•San Jose•San Luis Obispo•San Marcos•Sonoma•Stanislaus STATE OF CALIFORNIA APPROVED BY THE CONTRACT NUMBER AM.NO. STANDARD AGREEMENT- ATTORNEY GENERAL W995005 TAXPAYER'S FEDERAL EMPLOYER IDENTIRCAMON NUMBER THIS AGREEMENT, made and entered into this 1St day of July - 'he State of California, by and between State of California, through its duly elected or appointed, qualified and acting LE OF OFFICER ACTING FOR STATE AGENCY Procurement&SupRort Services Officer California iv Bernardino CONTRACTOR'S NAME hereafter called the State, and + CITY OF SAN BERNARDINO POLICEDEPARTMENT 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: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.) Contractor agrees to the use of the San Bernardino City Police Department's firing range by California State University, San Bernardino Public Safety Department for a period of five years, July 1, 1999 through June 30, 2004. The San Bernardino City Police Department's Rangemaster to be in complete charge and control of all activities at the Range at all times. The San Bernardino City Police Department's Rangemaster to conduct the shoots, score the course and submit score cards for each person to the California State University, San Bernardino Public Safety Department. The cost shall be at a rate of$10.00 per officer, per qualifying shoot or training session, for a total not to exceed $1,040.00 per year. Contractor to be paid in arrears on a quarterly basis upon submission of invoices in duplicate to the Accounting Office, California State University, San Bernardino, 5500 University Parkway, San Bernardino, CA 92407. Exhibit A, Exhibit B and the Nondiscrimination Clause, Exhibit C are hereby incorporated and made a part of this agreement. CONTINUED ON 7 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR Trustees of the California State ntverstty California State University, San Bernardino City of San Bernardino Police Department D D Kathy Si epar TITLE ADDRESS PO Box Director, Procurement and Support Services San Bernardino, CA 92401-1559 DOCUMENT Department O en era ervices $ 5,200.00 General use only IUINAL THIS CONTRACT $ DATE 6610-0001-001 0050 99/00 06/30/99 $ 1-168504500, $1,040.00 99/00, 00/01, 01/02, 02/03, 03/04 r v certi fy upon my own table for the persona ow ge t get . period and purpose of the expenofttm stated above. D CONTRACTOR LJ STATE AGENCY Ly DEPT.OF GEN.SER. CONTROLLER Li STATE OF CALIFORNIA r STANDARD AGREEMENT STD.2(REV.5-91)(REVERSE) 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and- losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement,shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is of the essence in this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein,shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of the Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. 8. All contracts in excess Of$10,000.00 will be subject to the examination and audit of the Auditor General for a period of three years after final payment under this contract. 9. By signing of this contract, the Contractor does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal Court which orders Contractor to comply with an order of the National Labor Relations Board. 10. Contractor's performance will be evaluated by the University upon completion of the project and a Contract/Contractor Evaluation, Std. Form 4, will be prepared and retained on file for any contract in excess of$10,000.00. 11. In addition to the right of the State to terminate for cause as provided under the terms of paragraph #3 of Standard Agreement Form 2, either party may terminate the agreement without cause with thirty (30) day's written notice. 12. Contractor agrees that the awarding department or its delegatee will have the right to review,obtain and copy all records pertaining to performance of the contract. Contractor agrees to provide the awarding department or its delegatees access to its premises,upon reasonable notice,during normal business hours for the purpose of interviewing employees and inspecting and copying such books,records,accounts and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Public Contract Code Section 10115 et.Seq. Contractor further agrees to maintain such records for a period of three (3) years after final payment under this contract. California State University, San Bernardino EXHIBIT "A" City of San Bernardino Police Department,#W995005 Page 1 of 4 Pages L The CITY shall make available to the University use of the weapons firing range four (4) times per contractual year, at approximate three (3) month intervals. State shall be provided access to the range as many times as required to ensure that all CSUSB 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 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. IL CONTRACTOR shall provide a rangemaster who shall coordinate with the STATE 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 or equipment necessary for shoots or training above those detailed in Schedule A. CONTRACTOR shall provide all necessary ammunition for twelve (12) officers to qualify each quarter at two attempts each. The STATE shall provide all ammunition needs beyond that. All expended ammunition brass remaining after qualffying shoots and training sessions shall become the sole property of the CONTRACTOR. V. STATE shall compensate the CONTRACTOR at the rate of$10.00 per shooter, per qualifying shoot or training session, based upon twelve (12) shooters per quarter, at two shoots each per quarter. Unless previously agreed upon, in advance, the STATE shall compensate the CONTRACTOR in the amount specified under this contract. It shall be the sole responsibility of the STATE to ensure that all shooters contracted arrive for all shoots and training sessions. STATE shall only be provided range usage for the number of shooters contracted for. STATE will be billed in arrears on a quarterly basis. 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. California State University, San Bernardino EXHIBIT "A" City of San Bernardino Police Department, #W995005 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 dlaims 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 STATE 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 Liabilitywith $250,000.00 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 damage of not less than one million dollars ($1,0000,000). 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 contract shall be for a period of time commencing on July 1, 1999 and terminating on June 30, 2004. 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. Vlll. 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, are as follows: STATE: California State University, San Bernardino ATTN: Director of Procurement 5500 University Parkway San Bernardino, CA 92407-2397 California State University, San Bernardino EXHIBIT"A" City of San Bernardino Police Department,#W995005 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 CSUSB, Public Safety. XI. 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. California State University, San Bernardino EXHIBIT "A" City of San Bernardino Police Department, #W995005 Page 4 of 4 Pages SCHEDULE A SUPPLIES AND SERVICES PROVIDED BY THE CITY OF 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) 6. Ear Muffs 7. Safety Glasses California State University, San Bernardino EXHIBIT"B" City of San Bernardino Police Department,#W995005 Page I 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 a misfire or a jamb, 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. ' 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. California State University, San Bernardino EXHIBIT "B" City of San Bernardino Police Department, #W995005 Page 2 of 2 Pages 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 ar 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. California State University, San Bernardino Exhibit C San Bernardino County, W995005 Page 1 of 1 Pages NONDISCRIMINATION CLAUSE (0CP01) 1. During the performance of this contract, contractor and its subcontractors shall no unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, material 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 Or clause in all subcontracts to perform work under the contract.