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HomeMy WebLinkAboutContracts & Agreements_138-2011_CCv0001.pdf 2Ull-276 REDLANDS POLICE DEPARTMENT And CITY OF SAN BERNARDINO AGREEMENT 1. This AonBerDert is nl8d8 and entered into by and between the City Of 8@n Bernardino /SAN BEFlNARO|ND\ and the City OfRedlands (F7EDLAN[)B). U. SAN BERNAF|O|N(] shall make available to REOLAN[}S use of the vveapODS firing range, three /3\ times per contractual year, 31 approximate four /4\ rnOnUl intervals. RE[>LAN[>S shall be provided access to the range as many times as required to ensure that all Redlands Police Department officers have successfully completed qualifying shoots and training sessions. Range use shall take place during normal range operating hOunS. at times and dates specified by the San Bernardino City Police Department's R@ng8rnaS[er, Available range facilities shall include, and are limited to the following: Pistol range, rifle range, and combat shooting course. |U� REDLANOS shall provide @ F<Ungenn8g&ervvhO Sh8U coordinate with GAN BERN/\R0N[} to ensure the proper use Ofthe range facilities. |V. The San Bernardino Police Department's R8Og8Ol@St8[ ShB|| be in CO[np|e&] charge and control of all 8CdVidS3 at the range during all qualification ShO0tS and training 38S3iOOs. REDL/\NO8 shall designate 8 representative k} serve 8sliaison to the San Bernardino City Police Department's R8DgSrn8sterregarding qualifying shoots and training sessions, and serve on a range committee. X All participants shall conduct themselves in accordance with Range Rules and Regulations @Gdetailed iOExhibit B - Rules Qfthe Range, B� Violations of range rules and regulations may result in immediate termination of range privileges 0rsuspension O[ Gnindividual trainee. V. REDLANDS shall supply and bear the cost of all necessary supplies, ammunition or equipment necessary for shoots Ortraining above those detailed in Exhibit of this Agreement. All expended ammunition brass remaining after qualifying shoots and training sessions shall become the sQ|8 property Of SAN BERNARD!NO. City of Redlands Police Department City of8anBernardino Police Department Page Iof5 2Ull-276 V1. F<EOLANDS Sh8U CnDlp8nSgte SAN BERNAR0N() at the rate of $10.00 per shooter, per qualifying shoot or training session day. UD|0GS previously agreed upon in advance, RE[)LANOS8h8U COn)pens8bg SAN BERNARD|N(} in the amount specified under this contract. It shall be the SO|e responsibility Of RE[]LANDStOensure that all shooters contracted arrive for all shoots and training sessions. RE[)LAN[)S will be billed in arrears on a qU8dBdy basis. SAN BEF<NAF|B|N{} Sh8U have the right to renegotiate the nate for range usage and supplies provided under this contract at the end of each fiSC8| year for the ensuing fiscal year. Any n]t8 change shall be agreed to in writing by hO[h parties in the form of an amendment iOthis contract. VU. SAN BERNAR[)|N{) 8gr8GS to indemnify and hold harD|HGS REOLAN[)8 and its authorized agents, OMiCerS. volunteers, and employees against all C|ai[nS or actions arising from SAN 8ERNAFlD|N{}'S negligent acts or omissions arising from SAN BERNAR[)|N[)'s performance Ofits obligations under the Agreement and for any OoSb5 or expenses incurred by RE[}LAN[}S On account Ofany claim therefore, to the extent that itmay legally doSoand subject tothe availability Offunds. F<EDLANDS agrees to indemnify and hold h8[rn|eSs SAN BERNARO|N{} and its authorized 8genta, officers, volunteers, and ennp|Oye9S against e|| C|8inlS or actions arising from REDLANDS' negligent 8CtS or Orni8SionS arising from RE[}LANDS' p8rfOrrDaDC8 Of its obligations under the Agreement and for any C08tS or expenses incurred by SAN BEF(NARO|N[) on aCCUUDt of any claim th8r9fUme, to the extent that it may legally dOsOand subject tOthe availability 0ffunds. In the event SAN BERNARD|N{} and/or REDLAN[}S is found to be comparatively 8tfault for any d8inn. action, |ons. or damage which results from their respective obligations under the Agreement, SAN BERNARD|NOand/or REDLANOGshall indemnify the other t0the extent Ofits comparative fault. V|||. In order to 3CCOrnp|i8h the indemnification herein provided for, but without |iOliUDg the inUernniDC8dOn. F<E[}L&N[)S shall secure and maintain throughout the term of the contract the following types of insurance with limits @8shown. COMPENSATION: A program Of Worker's CO[OpGOS@ti0D Insurance Or a State approved S8|f-\nSUnGnc8 Pn}gr8Dl in the amount and hJrn to rD8ed all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000.00 limits. COMPREHENSIVE PUBLIC, GENERAL AND AUTOMOBILE INSURANCE. This is to include contractual coverage, general liability and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than five-million dollars ($5,000,000). Any insurance policy shall name the City of San Bernardino, its officers, employees, contractors or agents as additional insureds, and shall require the insurer to notify SAN BERNARDINO thirty days prior to any change in or termination of the policy. Coverage shall take the form of an official insurance policy or a state approved self-insurance program. REDLANDS shall (3) furnish properly executed certificates of insurance to SAN E}ERNAR0N(]'s FUSk Manager prior to the effective date of this Agreement, which certificates shall clearly evidence all coverage City of Redlands Police Department City nfSan Bernardino Police Department Page 2o[5 20ll-276 required above, including the amn]UO1 Vfany deductible or self-insured [8teDik]n. and provide that such insurance shall not bematerially Changed. i8nnin8Ggd or allowed to expire except oOthirty (30) days prior written notice to SAN BERNAR|N{)- and (b) rnaiDC8iD Such iDSu[3OCG during the time this Agreement is in effect; and /C\ r9p{8C8 Such C8rt|iiCat8S for policies expiring prior to Cornp|edVD Of work under this Agreement. This Agreement shall have no effect and no aCCeuS to the firing range Sh8|| be given hereunder until SAN BERNARO}ND'S Risk Manager certifies that the requirements of this S8CdOn have been complied with. |X. The term of this cDDU3[t shall commence (}CtObe[ 4. 2011. until C8DCe||ed. This CUntDSCt may be terminated at any time, with or without CGu58, by either party, Upon written notice given to the other party at least thirty (30) days prior to the date specified for Such te[rDiD8UOD. In the event of termination, each party shall fully pay and discharge all ob|igedODS in favor Ofthe Other accruing prior to the date Of such termination, and each party shall be released from all obligations Orperformance which would otherwise accrue subsequent hothe date 0ftermination. X. All notices required to be given under this QoOtnBCt ShG|| be in vvhdOg and delivered to the other party by registered or certified nn8i{, postage prepaid. The address of the parties henBtQ, unto further notice is 88 follows: FlE[}LANC)S: Redlands Police Department P.{}. Box 3O05 30 Cajon Street Redlands, CA 92373 SAN BERNARD|N(]: Qty of San Bernardino Police Department Budget Officer P. {). Box 1558 San Bernardino, CA 92401-1558 Xi The Chief OfPolice UfSAN BERNARD|N(} shall have the right k} exercise SAN E|ERN/\RD|N(]'Sauthority under this contract including the right to give notice of termination on behalf of SAN BERNARDINO at his sole discretion. XUL REOLAN[JS Sh8U limit the use of SAN BEF<NAR[}|N[)'s range facilities to those p9[SOOD8| 88GigD8d to the City OfRedlands Police Department. City of Redlands 9oUoo Dcpocuucnt 20lI-276 XUi This contract represents the full and C0[np|et8 understanding of the parties and supersedes all prior oral and written agreements Orunderstanding between the parties. Any amendment k]this contract shall bein writing, Signed byboth parties. Dated: WIZ3 . 2011 Dated: 2011 City of Redlands City �San�ernar o By: v es McNeely, City N4anagfiFr Pete Aguilar Mor Charl Apploved as to orm: L� - F, City Attorney Ci/N. of Redlands Police Dcpurunco 2011-276 REDLANDS POLICE DEPARTMENT And CITY OF SAN BERNARDINO EXHIBIT A to AGREEMENT FOR USE OF FIRING RANGE 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 City of Redlands Police Department City of San Bernardino Police Department Pa---e 5 of 5 2011-276 City of Redlands Police Department EXHIBIT "B" City of San Bernardino Police Department Page 1 of 2 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 Personnel and Training Manager 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). PROCEDURES A. RULES I 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 jam, keep weapon pointed down range, raise your free hand and the Rangemaster 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. 2UlI-276 ' City ntRed|uudx Police Department EXHIBIT ^B- City o[San Bernardino Police Department Page 2 of 12 Cleaning Ofall weapons will b8done @tthe 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 [ninirnVrn in the cleaning area, and only with the barrels pointing towards the block wall. 15. NOfiring onthe range atanytime unless aqualified R8ngerna8teriSpresent. 10. All persons shall v*8@r the required protective devices whenever firearms are being discharged. Required protective devices are: a. Ear Muffs: City approved ear muffs shall b8the only type authorized for use atthe range. b. Ear Plugs: Ear plugs may b8worn iDaddition b] ear muffs. C. Safety Glasses: Safety glasses are protective eye devices. Officers may wear prescription glasses ifthey are safety glasses. Ear Muffs and S3f8\y g\@GGeS will be S8CUr8d at the range and issued for use to authorized persons only. The R8ng8rnaSter. or designated assistant, Sh8|| be responsible for checking out the required protective devices at the beginning of each shoot and for checking the devices in8tthe completion Ofeach shoot. 17. All empty brass belonging to the department will be placed in the buckets provided for that purpose. 18. Trash, cigarette butts. 8tC., will be placed in the proper receptacles. 19. F`erSQnS 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 ea[ protection and shall wear itwhile shooting iStaking place. 20. The tuDnel will be used exclusively to Change targets unless directed otherwise by theFl8ngemaster.