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HomeMy WebLinkAbout30- Police i CITY. OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lee Dean, Chief of Police Subject: Shooting Range Contract With California State University Dept: Police ORIGINAL Date: August 8 t , 1996 Synopsis of Previous Council action: None SEP 4'96 An 9:25 Recommended motion: Adopt resolution. Signature Contact person: Lieutenant Larry Neigel Phone: (90 9) 384-5690 Supporting data attached:_Yes Ward: All FUNDING REQUIREMENTS: Amount: None Source: Finance: Council Notes: 91W Res 96- � O 75-0262 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT California State University San Bernardino wishes to contract shooting range services with the San Bernardino Police Department. The Chief of Police, at this time, does not have the authority to enter into contracts which would be required if another agency was to be allowed to use the range. Since the police department is responsible for the day-to-day operation of the shooting range, the Chief of Police is aware of the conditions and restrictions that would have to be placed on any group using the range. A mutually agreed upon price per person utilizing the range would be charged to CSUSB. The police department would agree to provide the services and supplies necessary for them to use our facility. The department's designated rangemaster would be in complete control of all activities at the range at all times. 75-0264 STATE OF CALIFORNIA STANDARD AGREEMENT- ATTORNEYGEN AL CONTRACT NUMBER AM.NO. STD.2(REV.5-91) W 967002 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into this l st day of July 19 96 in ate State of C lifZnja.by an betw epn.State.of California,through its duly elected or appointed,qualified and acting iror'nla tate University TITLE OF OFFICER ACTING FOR STATE I AGENCY Procurement& Support Services Officer California State University, San Bernardino CONTRACTOR'S NAME hereafter called the State,and CITY OF SAN BERNARDINO POLICE DEPARTMENT 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 three years,July 1, 1996 through June 30, 1999. 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 the rate of$8.00 per officer, per qualifying shoot or training session, for a total amount not to exceed $768.00 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. -OVER- �:ONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. .N WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE tUniversity,LIFORNIA CONTRACTOR AGENCY rus ees Or e a e n IVer51 CONTRACTOR(It otherthan an individual,state whethera cotporaton,pannership,etc.l California State San Bernardino City of San Bernardino Police Department 3Y(A I IGN TUBE (BY E AA7U RE) rit D AME OF PERSON SIGNING PRINTED NAME ND TITLE OF PERSON SIGNING J. L. Lemmond L�� �cRAJr LE ADDRESS OX 5 Procurement and Support Services Officer San Bernardino, CA 92401-1559 WOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(CODE AND TITLE) i FUND TITLE OCUM ENT Department of Genera!Sees General use only �.1 2,304.00 (OPTIONAL USE) =RIOR AMOUNT ENCUMBERED FOR P0000008532 ---41S CONTRACT C ITEM CHAPTER STATUTE FISCAL YEAR .7 \5 J -CTAL AMOUNT ENCUMBERED To 6610-001-001 01621 96/97 6-30-9T � ATE OBJECT OF EXPENDITURE(CODE AND TITLE) \GG 1-16850-4500 $768.00 96/97 $768.00 98/99 $768.00 ��'\ d.hereby are available certify or the period and purpose of the expenditure stated T .B.A.N0. B.R.N0. ated above. _!GNATU OF ACCOUNTING OFFICER OAIE 7 CCNTRAJOR STATE AGENCY DEPT.OF GEN.SER. CONTROLLER n 1 California State University, San Bernardino EXHIBIT "A" City of San Bernardino Police Department, #W 967002 Page 1 of 4 Pages 1. 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. II. 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 qualifying shoots and training sessions shall become the sole property of the CONTRACTOR. V. STATE shall compensate the CONTRACTOR at the rate of $8.00 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, #W 967002 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 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 Liability with $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, 1996 and terminating on June 301 1999. 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. The address of the parties hereto, until further notice, are as follows: STATE: California State University, San Bernardino ATTN: Procurement Officer 5500 University Parkway San Bernardino, CA 92407-2397 California State University, San Bernardino EXHIBIT "A" City of San Bernardino Police Department, #W 967002 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, #W 967002 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 "C" City of San Bernardino Police Department, #W 967002 Page 1 of 1 NONDISCRIMINATION CLAUSE (OCP - 1) 1. During the performance of this contract, contractor and its 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. Contractors 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 Code, 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 to 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 contract. Std. 17A (NEW 5-83) California State University, San Bernardino EXHIBIT "B" City of San Bernardino Police Department, #W 967002 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 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, #W 967002 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.