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Home My WebLink About92-05RESOLUTION NO. 92-5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING WEAPONS FIRING RANGE AGREE- MENT WITH CHP THE CITY COUNCIL OF THE CITY OF UKIAH DOES HEREBY RESOLVE: That the City Council of the City of Ukiah does hereby approve an agreement with the State of California Highway Patrol for use of the weapons firing range, effective July 1, 1991. A true and correct copy of said agreement is attached hereto as Exhibit "A". The Director of Public Safety is authorized and directed to execute said agreement as of July 23, 1991 on behalf of the City of Ukiah. PASSED AND ADOPTED on September 4 , 1991, by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, Schneiter and Mayor Henderson NOES: None ABSENT: Councilmember Wattenburger ~~7/~/~~_~~~,~,_ _ /~57 AT~ST:~ (C:\U\RESOS\CHP) DEPARTMENT OF CALIFORNIA HIGHWAY PATROL WEAPONS FIRING RANGE AGREEMENT 9!-C5178 THIS AGREEMENT, made and entered into this 1st day of July, 1991, between the State of California, Department of California Highway Patrol, hereinafter called CHP, and City of Ukiah, hereinafter called CONTRACTOR. .. · · _ .WITNESSETHi That the CONTRACTOR does hereby agree to furnish to the CHP service~ and materials as follows~ .. · The CONTRACTOR hereby authorizes the CHP to use the weapons firing range owned and operated by the CONTRACTOR subject to the folloWing provisions: . 1. The CONTRACTOR agrees that the CHP shall have the use of all facilities located on the 'range for training programs without additional charge. · 2. The use of sa~d range by. the CHP shali'be limited to those members of the Department of California Highway Patrol permanently assigned to the Ukiah Area Office. · 3. CONTRACTOR and CHP agree said shooting range shall be open and usable'by members of the Department of california Highway Patrol at such times that are'mutually agreeable to both parties hereto, but that exclusive use of the facilities for any time or times i~ not granted without mutual agreement of both parties. 4. Either party hereto may terminate'this agreement by giving written notice to the other party at least thirty (30) days prior to the effective date of such termination. 5. Amendments 'shall be valid only if made in writing and signed by both parties hereto. EXH. ~ PG , OF __ (~ Weapons Firing Range Page 2 July 1, 1991 6. The parties hereto agree that empty cartridges resulting from Patrol members' shooting will be the property of CHP. 7. CHP agrees 'that members of the Department o'f Californla }{ighway Patrol will be subject to range safety rules established by CONTRACTOR and orders of the CONTRACTOR while exercising the privileges of this agreement. 8. CHP agrees to properly supervise the use of the shooting range by its employees and to indemnify and hold CONTRACTOR harmless from and against any claims, cost, loss or expense for personal injury or property damage, including defense costs, arising out of its use of the shooting range under' this Agreement except for personal injury or property damage alleged to result from the sole and active negligence of CONTRACTOR. 9. The term of this agreement shall be July 1, 1991 through- June 30, 1993. · , 10. CONTRACTOR agrees to abide 'by the attached Form 17A, Nondiscrimination Clause, Dispute Resolution Provision and 1 State Contract Requirements, all of which by reference are made a part hereof. , · · 11. CHP agrees to pay CONTRACTOR semi-annually in arrears upon receipt of an invoice from funds appropriated to the Department of California Highway Patrol and subject to the fiscal procedures of the State of California. Charges shall be One Thousand Two Hundred Dollars ($1,200) per year. The total amount of this agreement shall not exceed Two Thousand Four ~undred Dollars ($2,400.00). , 12. CONTRACTOR agrees to submit all invoices in'triplicate to the service address for approval clearly indicating this contract number (91-C5178). Invoices not on pre-printed bill heads shall be signed by the Contractor furnishing, the service. Payment will be.made within fifty (50) calendar days from the postmarked date of a properly submitted invoice. EXH. APG ~, OF ~_,L/c__PG$ Weapons Firing Range Agreement, 91-C5175 Page 3 July 1, 1991 13. This contract is valid and enforceable only if sufficient funds are made available by the Budget Act of the appropriate fiscal year for the purposes of this program. In addition, this contract is subject to any additional restrictions, limitations or conditions enacted by the Legislature which may affect the provisions, terms or funding of this contract in any manner. STATE OF CALIFORNIA California Highway Patrol Admin.UServices Officer , CITY OF UKIAH FRED W. KEPLINGER DIRECTOR OF PUBLIC SAFETY .Title Date JULY .... 23, 1991 California Highway Patrol Business Services Section P, O. Box 942598 · Sacramento, CA 94298-0001 Ukiah' PoliCe Department 300 Seminary Avenue Ukiah, CA 9§482 Attn: sgt. William Nelson Fund Title: MV Acct, State Trans Chapter: Statute: 1991 Object Code: 2150/343.01/96010 Item: 2720-001-044 Prog. 99 Fiscal Year: 91/92 Amount Encumbered: 1,200.00 1,200.00 92/93 FY "I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above." ~c~lng Officer ' 'DatJ · This agreement is exempt from Department of General Services approval in accordance with the State Administrative Manual. · EXH. ~PG ~ OF (~ _PGS NONDISCRIMINATION (OCP- 1) CLAUSE . During the performance of thls 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 w~th 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 1 2990, 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. STATE OF CALIFORNIA DEP.~R.."~E~.NT OF CA_L. IFO.~_NIA ~IGBiWAY PATROL DISPUTE RESOLUTION PROVISION By signing the contract, contractor agrees., to abide bY this provision. Any.dispute concerning a' questlon of fact arising under the terms of this contract which is not disposed of within a reasonable period of time by the Contractor and State employees normally responsible for the admin'istration of this contract shall be Drought to the attention of the Administrative Services Officer (or designated representative) of each organization for Joint resolution. At the request of either party, the State shall provide 9 forum for discussion of the disputed item(s), at which tzme the Administrative Services Officer, or his/her representative, shall be available to assist in the resolution by providing advice to Doth parties as to the State of California, California Highway Patrol, policies and procedures. If agreement cannot be reached through the application of high level management attention, either party .may assert its other rights and remedies within this contract or within'a court of competent Jurisdiction. · The rights and remedies of the State provided above shall not be exclusive and are in' addition to any other rights and remedies provided Dy law or under the contract. The mailing address for disputes shall be: Department of C~lifornia Highway Patrol Business Services Section Contract Management Unit P. O, Box 942898 Sacramento, CA 94298-0001 STATE OF CALIFORNIA CONTRACT REQUIREMENTS ~.T OF COMPLIANCE .The prospective contractor's signature affixed hereon and dated shall constitute a certification under the penalty of Perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103. 'NATION_AL LABOR. E~!~TIO_NS__ BOARD Contractor agrees that by signing the contract, does swear under Denalty of perjury that no more than one final unappealable f~nding of contempt of Court by a Federal court has been issued against that contractor within the immediately preceding two-year period because of the contractor's failure to comply with an order of a Federal court which orders the contractor to comply with an order of the National Labor Relations Board, (Public Contract Code Section 10296). ~ , _RECORD RETENTION The contracting parties hereto shall be subject to the examination and 'audit of the State Auditor General for a period of three (3) years after final payment under the contract in accordance with the Government Code Section 10532. In addit'ion, the contractor may be subject to the examination and audit, by representatives of the California ~ighway Patrol. The examination and audit shall be confined to those matters connected with the performance of the' contract including, but not limited to the costs of administering the contract. 076.59A (Rev 10/90)