HomeMy WebLinkAbout33- Police CIT . OF SAN BERNARDIL_J — REOUE, r FOR COUNCIL AC17:)N
From: DONALD J. BURNETT Subject: CONTRACT RENEWAL FOR
CHIEF OF POLICE RANGEMASTER, EUGENE HENRIKSEN
Dept: POLICE
Date: FEBRUARY 23, 1988
Synopsis of Previous Council action:
Annually the Common Council has approved a resolution authorizing the execution
of a contract between the City and the Rangemaster, Eugene Henriksen. C,
Resolution #86-363, was approved but the contract was not fully negotiated and
signed by Mr. Henriksen.
Recommended motion:
Adopt Resolution
f
a � f-
Si6nature -
Contact person: DONALD M. LEVAN, LIEUTENANT Phone: 384-5695
Supporting data attached: YES Ward:
FUNDING REQUIREMENTS: Amount: $21 ,600 Source: 001-229-5J3150
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERNARDINO - REQUEbT FOR COUNCIL AC's SON
STAFF REPORT
The City of San Bernardino has had a contractual agreement with the Rangemaster
for several years. The Rangemaster provides expert instruction training and super-
vision in the use of firearms to city police officers, both regular and reserve,
and also maintains the range for use by the public, gun clubs and other law enforce-
ment agencies.
Additionally the Rangemaster provides repair and inspections of all departmental
issued handguns as well as develops various modes of tactical firearms qualifica-
tion courses for training.
The present Rangemaster is a retired police officer and is certified in the capacity
of Rangemaster as well as in firearms instruction and repair.
The contract associated with passage of resolution #86-383, was undelivered to
the recipient and when it was found, contained outdated salary information.
Mr. Henriksen's salary is budgeted at the current rate in account #001-229-53150.
a
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH EUGENE R. HENRIKSEN , RELATING TO
3 POLICE FIREARMS TRAINING, AND REPEALING RESOLUTION NO. 87-344 .
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
6 SECTION 1 . The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Agreement with Eugene R.
8 Henriksen , relating to police firearms training , which agreement
9 is attached hereto , marked Exhibit "A" , and incorporated herein
10 by reference as fully as though set forth at length .
11 SECTION 2 . Resolution No . 87-344 is hereby repealed .
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a __________ meeting thereof , held on the
15 day of ____�______ 1988, by the following vote ,
16 to wit:
17 AYES: Council Members
18 - - - - ---- ---------- --- - -- --------
19 NAYS: ---------------- ---------
20 ABSENT: ----- ------------------- -----
21 j
22 City Clerk
23
24
25
26
27
28
1-27-88 1
i
Resoc Police Firearm Training
i
1 The foregoing resolution is hereby approved this day
2 of _ ------ -- 1988.
3 _ _ ___
4 Mayor of the_ City of San Bernardino
5 Approved as to form
and legal content:
6
City Attorney
8
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1-27-88 2
1 A_G R E E M E N T
2 (Police Firearms Training Consultant )
3 THIS AGREEMENT is made and entered into this day of
4 1
1988 , by and between the CITY OF SAN BERNARDINO ,
5
a municipal corporation , hereinafter called! "City" , and EUGENE R.
6 HENRIKSEN, an individual , hereinafter called "Consultant" .
City and Consultant agree as follows:
8
1 . Recitals .
9
(a) The San Bernardino Police Pistol Range is
10 located at Perris Hill Park , San Bernardinoj, California .
11
(b) City desires to retain a firearms training
12
consultant to review its operations , make recommendations
13
concerning operations and , as an incident t!,hereof , to train
14
police officers , and review, establish and !enforce safety rules
15
16 and regulations at the San Bernardino Police Pistol Range; it is
17 understood by the parties hereto that Consultant ' s training and
18 managerial activities provided hereunder will be invaluable in
19 formulating his written recommendations .
(c) Consultant has expertise in all phases of small
20 i
arms range operations and firearms marksma ship training .
21
22 (d) Consultant 's services are retained to provide to
23 City 's police officers , police reserves , and others , the benefits
of a skilled instructor/consultant .
24
2 . General . For and in consideration of the compensation
25 ---�-
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
herein .
1-27-88 1
1 3 . Duties _of Consultant . Consultant shall provide the
2 following services :
3 (a) Perform firearms training or all San Bernardino
4 police officers , including the enforcement f the range safety
5 rules and regulations .
6 (b) Sell range permits for prescribed fees to all
7 qualified persons , maintain records thereof , account for all
8 receipts therefrom, and pay said funds collected to the City
9 Treasurer .
10 (c) Conduct regular firearms qualifications training
11 programs on Mondays and Thursdays of each week for City police
12 officers . In the event a Monday or Thursday falls on a legal
13 holiday, then said training shall be conducted on the next
14 regular business day.
15 (d) Maintain records of each police officer ' s
16 proficiency with firearms , and submit a listing , on request of
17 the Chief of Police , of all police officers] who are unable to
18 qualify or who are not participating in the firearms training
19 program.
20 (e) Maintain an inventory and an adequate supply of
21 ammunition , targets and other miscellaneous supplies necessary to
22 conduct the firearms training program and o maintain the range .
23 Additional supplies shall be provided by City as needed without
24 charge therefor . An itemization of said s�pplies to be furnished
25 is attached hereto , marked Exhibit "A" and incorporated herein by
26 reference . Consultant shall furnish and bear the cost of any
27 other items or services needed .
28
1-27-88 2
n
1 (f ) Schedule shoots for civilian clubs and insure
2 the availability of the range for public use when the range is
3 not being used for police training or qualifications .
4 (g) Provide City with monthly written reports which
5 review the procedures and operations of the range and make
6 specific recommendations for the improvement of the rules ,
7 regulations and operations thereof .
8 (h) Maintain the lawn and grounds area in an
9 acceptable condition to City.
10 (i ) Consultant shall maintain 4nd keep adequate
11 books and records on a current basis recording all time and
12 monies extended by him in a form satisfactory to City and in
13 accordance with generally accepted accounting principles . Said
14 books and records and all supporting detains shall be made
15 available to City for purposes of audit at all reasonable times
16 and places . All such periods of time as required by law;
17 provided , however , notwithstanding any shorter periods of
18
retention , all books , records and supporting details shall be
19 maintained for a period of at least three years after the
20 termination of this agreement .
21 4 . Payment_by_CitY - City shall pay Consultant as and for
22 all of his services to be rendered hereunder , the sum of Eighteen
23 Hundred Dollars ( $1 ,800 .00) per month . Consultant shall submit a
24 claim or demand for each monthly payment , and City shall pay
25 Consultant ' s said bills promptly within th$ period of time City
26 normally uses for processing said claims .
27
28
1-27-88 3
T
1 5 . Hours of Performance . Consultant shall devote a
2 minimum of 173 hours per month in the performance of his duties
3 hereunder . Consultant shall schedule his own hours , to be
4 compatible with other departmental use of the facility.
5 Notwithstanding the foregoing , Consultant shall devote all hours
6 necessary to the project to insure adequate performance
7 hereunder . Consultant shall be permitted to abstain from
8 performance of services for a period of no more than seven days
9 during any one year period with City 's approval . City shall
10 deduct a pro rata share of Consultant 's compensation for any such
11 periods when no services are performed .
12 6 . Term. This agreement shall be for a period of one
13 year , commencing July 1 , 1987 , and ending July 1 , 1988.
14 7 . Unilateral Termination . This agreement may be
15 terminated by either party by giving thirty days ' written notice
16 to the other , and this agreement shall terminate forthwith thirty
17 days following the date said written notice is given .
18 8 . Consultant 's Professional Consultant accepts
19 the relationship of trust and confidence to be established
20 between him and City. Consultant covenants with City that he
21 will exercise his best professional skill and judgment in
22 furthering the interest of City. It is hereby agreed that City
23 shall not have the right to supervise or direct Consultant with
24 respect to his performance of the provisions of this agreement
25 and that Consultant shall be at all times herein an independent
26 contractor and not an employee or agent of City.
27
28
1-27-88 4
R
1 9 . Assignability. The experience , skill and expertise of
2 Consultant is of the essence of this agreement . Consultant shall
3 not assign (whether by assignment or novation) this agreement or
4 delegate his duties hereunder in whole or in part or any right or
5 interest hereunder without the prior written consent of City .
6 Any assignment or attempt to assign this agreement without such
7 prior written consent or by operation of law shall constitute
8 cause for termination .
9 10 . All premises shall be open to inspection by City at
10 any and all times; premises are City property, and Consultant
11 shall have no expectations of privacy as to any portion thereof .
12 11 . Amendment . This agreement may be amended or modified
13 only by written agreement signed by both parties and failure on
14 the part of either party to enforce any provisions of this
15 agreement shall not be construed as a waiver of the right to
16 compel enforcement of such provision or provisions .
17 12 . Hold_Harmless_Agreement . Consultant hereby agrees to ,
18 and shall , hold City, its elective and appointive boards ,
19 commissions , officers , agents and employees , harmless from any
20 liability for damage or claims for damage for personal injury ,
21 including death, as well as from claims for property damage which
22 may arise from Consultant 's operations under this agreement .
23 Consultant agrees to , and shall , defend City and its elective and
24 appointive boards , commissions , officers , agents and employees
25 from any suits or actions at law or in equity for damages caused
I
26 or alleged to have been caused by reason of Consultant 's
27 performance hereunder including any claims that may arise against
28
1-27-88 5
AWA
1 City by reason of Consultant ' s legal relationship with City being
2 categorized as other than that of an independent contractor .
3 14 . Notices . All notices herein required shall be in
4 writing , and delivered in person or sent by certified mail ,
5 postage prepaid , addressed as follows :
6 city Consultant
7 City of San Bernardino Eugene R. Henriksen
c/o Chief of Police 3126 Yuma
8 P. 0. Box 1559 Highland , CA 92346
San Bernardino , CA 92401-1559
9
10 IN WITNESS WHEREOF , the parties hereto have executed this
11 Agreement on the date first hereinabove written .
12 CITY OF SAN BERNARDINO
ATTEST:
13
By
14 - - -- - --- - Mayor
City Clerk
15
16 CONSULTANT
17
By ---------�_�_---- -
18 Eugene R. Henriksen
19
Approved as to form
20 and legal content :
21
22 City Attorney
23
24
25
26
27
28
1-27-88 6
I