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HomeMy WebLinkAbout2008-047 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-47 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT TO USE THE CITY OF SAN BERNARDINO POLICE DEPARTMENT'S FIRING RANGE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute on behalf of the City the Agreement between the City of San Bernardino and the San Bernardino Community College District, allowing said college Extended Basic Academy personnel to use the City of San Bernardino Police Department's firing range, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference. 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. III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT 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 joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th day of February Council Members: AYES ESTRADA X BAXTER X BRINKER X - DERRY X KELLEY X JOHNSON X MCCAMMACK X , 2008, by the following vote, to wit: ABSTAIN ABSENT NAYS ~/:J. ~ Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this &TJo/ day of February ,2008. ~ -. ~--~ atr' k J. Morris, Mayor City of San Bernardino Approved as to Form: ;ft. 2008-47 San Bernardino Community College District City of San Bernardino Police Department Page 1 of 4 Pages AGREEMENT I. EXHmIT "A" This Agreement is made and entered into by and between the City of San Bernardino(City) and the San Bernardino Community College District (District). II. The CITY shall make available to the San Bernardino Community College Extended Basic Academy (SBCCEBA) use of the weapons firing range, at approximate six (6) month intervals. SBCCEBA shall be provided access to the range as many times as required to ensure that all SBCCEBA 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, Range master. Available range facilities shall include, and is limited to the following: Pistol Range, rifle range, and combat shooting course. III. SBCCEBA shall provide a range master who shall coordinate with the City to ensure the proper use of the range facilities. IV. The Police Department's Range master shall be in complete charge and control of all activities at the range during all qualification shoots and training sessions. The college shall designate a representative to serve as liaison to the police department range master 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 trainee. V. The District shall supply and bear the cost of all necessary supplies or equipment necessary for shoots or training above those detailed in Schedule A. Trainees shall provide all necessary ammunition for training and qualifying. All expended ammunition brass remaining after qualifying shoots and training sessions shall become the sole property of the City. VI. The District shall compensate the City at the rate of $15.00 per shooter, per qualifying shoot or training session day. Unless previously agreed upon, in advance, the District shall compensate the City in the amount specified under this contract. It shall be the sole responsibility of the District to ensure that all shooters contracted arrive for all shoots and training sessions. The District shall only be provided range 2008-47 San Bernardino Community College District City of San Bernardino Police Department Page 2 of 4 Pages usage for the number of shooters contracted for. The District will be billed in arrears on a quarterly basis. The City 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. VII. City agrees to indemnify and hold harmless DISTRICT, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. DISTRICT agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from DISTRICT's negligent acts or omissions arising from the DISTRICT's performance of their obligations under the Agreement. In the event the CITY and/or the DISTRICT is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or DISTRICT shall indemnify the other to the extent of its comparative fault. INSURANCE: While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage in accordance with the laws of the State of Califomia. VENDOR shall maintain professional malpractice insurance for professional negligence, including errors, omissions, or other professional acts in the amount of $100,000.00. VENDOR shall file Certificate(s) of Insurance with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each Certificate of Insurance provided hereunder. The Certificate(s) of Insurance fumished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. VIII. 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. If not previously terminated, this contract will terminate on December 31, 2012. IX. 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 addresses of the parties hereto, until further notice, are as follows: 2008-47 San Bernardino Community College District City of San Bernardino Police Department Page 3 of 4 Pages District: San Bernardino Community College District 441 S. Del Rosa Avenue San Bernardino, CA 92408 CONTRACTOR: City of San Bernardino Police Department Budget Officer P. O. Box 1559 San Bernardino, CA 92401-1559 X. The District shall limit the use of City's range facilities to those personnel who are actively enrolled in the Extended Basic Academy. XI. This contract represents the full and complete understanding of the parties and supersedes all prior oral and written agreements or understanding between the parties. Any amendment to this contract shall be in writing, signed by both parties. Agreed by: San Bernardino Community College District City of San Bernardino By: ~~, Approved as to Form: 2008-47 San Bernardino Valley College City of San Bernardino Police Department Page 4 of 4 Pages SCHEDULE A SUPPLIES AND SERVICES PROVIDED BY THE CITY OF SAN BERANRDINO POLICE DEPARTMENT 1. Target (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 2008-47 San Bernardino Valley College City of San Bernardino Police Department EXHIBIT "B" 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 Pistol Range Facility. POLICY: The Services Lieutenant or the designated range master 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). PROCEDURES: 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 Range master. 6. All weapons will be loaded only on command of the Range master 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 Range master. 8. In case of a misfire or a jamb, keep weapon pointed down range, raise your free hand and the Range master will assist you. 9. Unload 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. 2008-47 San Bernardino Valley College City of San Bernardino Police Department EXHIBIT "B" Page 2 of 2 Pages 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 Range master 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 Range master, 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 Range master.