HomeMy WebLinkAboutContracts & Agreements_100-2008_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
August 12, 2008
FROM: GARY S. PENROD, Sheriff-Coroner
Sheriffs Department
SUBJECT: CONTRACT WITH VARIOUS LOCAL AGENCIES FOR THE SHERIFF'S
DEPARTMENT TO PROVIDE USE OF FORCE TRAINING
RECOMMENDATION(S)
1. approve Contract No. 08-871 with Chaffey Community College District for the Sheriff's
Department to provide Use of Force Instructional Update courses, at the rate of $1,000 per
team, per 16-hour course, and to provide Trimester Use of Force Training, at $75 per student,
per trimester, for the contract term of July 1, 2008 through June 30, 2011.
2. Approve Contract No. 08-872 with City of Redlands for the Sheriff's Department to provide
Use of Force Instructional Update courses, at the rate of $1,000 per team, per 16-hour
course, and to provide Trimester Use of Force Training, at $75 per student, per trimester, for
the contract term of July 1, 2008 through June 30, 2011.
(Presenter: Dennis J. Casey, Captain, 387-0640)
BACKGROUND INFORMATION
The Sheriff's Department (Department), through the Frank Bland Regional Training Center,
provides California Peace Officer Standards and Training (P.O.S.T.) certified Use of Force
training to outside law enforcement agencies on a contractual basis. The Instructional Update
Course is a two-day introductory course the Contractor may be required to attend (as determined
by the Force Options Training staff), which is designed to prepare individuals for ongoing Use of
Force Trimester training. Written contracts are used to establish the terms of the training, ensure
proper liability coverage, cost recovery, and operating procedures between the parties.
In 2005-06, the Department re-wrote all of its Use of Force contracts to include a rate increase
from $44 to $60 per student, per trimester, and to include language and fees pertaining to the
Instructional Update Course. The Department has again re-written these agreements to include a
rate increase from $60 to $75 per student, per trimester. The fees for the courses are based upon
the cost of providing training personnel; maintaining and operating the firing range such as
replacing targets; replacing target frames and backing, and ammunition and supplies. These
contracts are for three years, effective July 1, 2008, and provide for termination upon 30 days
advance written notice.
Page 1 of 2
cc: Sheriff-Casey w14 agrees Record of Supervisors
Contractors c/o Sheriff w1 agree �
ACR-Accts Payable Mgr w/agrees APP LENDAR)
ACR-General Acct Mgr w,•`agrees INO
Periculum c10 Risk Mgmt wi agrees or
Risk Mgmt
Co.Counsel-Norris MOTION SE E MOVE AN
CAO-Erickson �j 3 4 5
File w1 agrees yr
ed 811141018 DENA M. SMIT
Agreement Nos.078-871, 08-872 BY
044
R-070BRI
DATED- Atiatmt 12. 2008
FOR COUNTY USE ONLY
X New Vendor Code Dept,
coy Contract Number
5QP Di Change
SIC A
Cancel SHR
County Department De—pt. —Orgn—
Contractor's License No.
SHERIFF SHR SHR
County of San Bernardino County Department Contract Representative Telephone Total Contract Amount
DENNIS J. CASEY (9Q9),.387-0640
FAS Contract Type
a] Revenue El Encumbered ❑ Unencumbered El Other:
STANDARD CONTRACT If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date l Contract End Date Original Amount Amendment WA,.un�
07-01-08 06-30-11
Fund Dept. Organization
SCB SHR SHR Appr. Obj/Rev SSource ource CPROJ/,I--No.
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
—Fund _75—ept
Organization Appr. Obj/Rev Source GRC/P 1_0J/JOB No.—Amount
Project Name Estimated Payment Total by Fiscal Year
Use of Force Instructional FY Amount I/D FY Amount I/D
Update Course &Trimester
Use of Force Training
_20_08-11
Contract Type 1
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter
called the County, and
Name
City of Redlands hereinafter called CONTRACTOR
Address Redlands Police Department
P.O. Box 3005
Redlands, CA 92373-1505
Telephone(909) 798-7661 Federal ID No.or social—Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda,if any.)
WHEREAS, the COUNTY, through the Sheriff's Department. conducts Use of Force Instructional
Update Course and Trimester Use of Force training classes for law enforcement personnel; A
41- 1 AND,
WHEREAS, the CONTRACTOR desires to enter into a contract for the participation of its peace
officers in said classes;
NOW, THEREFORE, the parties hereto agree as follows:
I. SCOPE OF SERVICES.
A. COUNTY shall provide two-day Use of Force Instructional Update courses (as applicable) to
CONTRACTOR's peace officers as detailed in the Schedule A attached hereto and incorporated
herein by reference.
B. COUNTY shall provide Trimester Use of Force training to CONTRACTOR's peace officers in
accordance with the San Bernardino County Sheriffs training
Use of Force Training and
Qualifications Program, Said training shall be conducted in accordance with guidelines
established in the official program manual. a copy of which shall be furnished to
Page 1 of 5
CONTRACTOR prior to the commencement of services hereunder. Additionally, a copy of said
guidelines shall be maintained by COUNTY for review by any interested third party.
z::1
C. COUNTY shall provide a Safety Officer who shall coordinate with CONTRACTOR to ensure
the proper use of the COUNTY's facilities.
D. The Sheriff's Department Safety Officer shall be in complete charge and control of all activities
during all training sessions.
1. All participants shall conduct themselves in accordance with the San Bernardino County
Frank Bland Regional Training Center Range Rules and Regulations which will be
presented to the participants prior to the commencement of service hereunder.
2. Violations of rules and regulations may result in immediate termination of participants'
rights to further training under this contract.
11. CONSIDERATION.
A. CONTRACTOR shall compensate the COUNTY $1,000 for the Use of Force Instructional
Update Course for the CONTRACTOR's current law enforcement personnel team.
B. Any new peace officers employed by CONTRACTOR that would be attending future Trimester
Use of Force training may be required to attend the Use of Force Instructional Update Course
presented by the San Bernardino County Sheriffs Force Options Training Staff.
CONTRACTOR shall compensate the COUNTY at the rate of $200 per student for the Use of
Force Instructional Update Course for said peace officers.
C. CONTRACTOR will be billed in arrears at the end of the training course. CONTRACTOR shall
submit payment to the Sheriff's Training Center for the costs billed.
D. CONTRACTOR shall compensate the COUNTY at the rate of$75, per student, per trimester for
Use of Force training. CONTRACTOR shall be billed in arrears at the end of each trimester's
training sessions. CONTRACTOR will submit payment to the Sheriff's Training Center for the
costs billed.
E. COUNTY shall have the right to renegotiate the rate for training 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.
F. It shall be the sole responsibility of the CONTRACTOR to ensure that all students arrive for all
training sessions.
111. TERM AND TERMINATION.
The term of this contract shall be for a period of three years commencing on July 1, 2008. 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
Page 2 of 6
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.
IV. NOTICES.
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:
CONTRACTOR: City of Redlands
Redlands Police Department
P.O. Box 3005
Redlands, CA 92373-1505
COUNTY: San Bernardino County Sheriffs Department
Bureau of Administration, Contracts Unit
P.O. Box 569
San Bernardino, CA 92402-0569
V. INDEMNIFICATION.
The CONTRACTOR agrees to indemnify, defend, and hold harmless the COUNTY and its officers.
employees, agents, and volunteers from any and all claims, actions, losses, damages and/or liability
arising out of this contract from any cause whatsoever, including the acts, errors, or omissions of any
person and for any costs or expenses incurred by the COUNTY on account of any claim, therefore,
except where such indemnification is prohibited by law. CONTRACTOR specifically agrees that this
indemnification/defense clause and hold harmless clause is intended to extend to all acts of active or
passive negligence, whether sole or concurrent, and that CONTRACTOR's duty to indemnify, defend
and/or hold harmless is intended to be as broad and inclusive as is permitted by the law of the State of
California, and that further if any portion thereof is held invalid, it is agreed that the balance, shall,
notwithstanding, continue in full legal force and effect.
VI. INSURANCE.
Without in any way affecting the indemnity herein provided and in addition thereto, the CONTRACTOR
shall secure and maintain throughout the contract the following types of insurance with limits as shown:
A. Workers' Compensation. A program of Workers' Compensation insurance or a state-approved
Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor
Code of the State of California, including Employer's Liability with $250,000 limits, covering all
persons providing services on behalf of the CONTRACTOR and all risks to such persons under
this agreement.
If Contractor has no employees, it may certify or warrant to County that it does not currently have
any employees or individuals who are defined as "employees" under the Labor Code and the
requirement for Workers' Compensation coverage will be waived by the County's Risk Manager.
Page 3 of 6
With respect to Contractors that are non-profit corporations organized under California or
Federal law, volunteers for such entities are required to be covered by Workers' Compensation
priced coverage
insurance. If the County's Risk Manager determines that there is no reasonably
Z!)
for volunteers, evidence of participation in a volunteer insurance program may be substituted.
B. Comprehensive General and Automobile Liability Insurance. This coverage to include
contractual coverage 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 three million dollars ($3,000,000).
C. Additional Named Insured. All policies, except for Worker's Compensation, Errors and
Omissions, and Professional Liability policies, shall contain additional endorsements naming the
COUNTY and its officers, employees, agents, and volunteers as additional named insureds with
respect to liabilities arising out of the performance of services hereunder.
D. Waiver of Subrogation Rights. CONTRACTOR shall require the carriers of the above required
coverages to waive all rights and subrogation against the COUNTY, its officers, employees,
agents, volunteers, contractors, and subcontractors.
E. Policies Primary,and Non-Contributory. All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
COUNTY.
F. Proof of Coverage. CONTRACTOR shall immediately furnish certificates of insurance to the
Sheriff's Department evidencing the insurance coverage, including endorsements, above required
prior to the commencement of performance of services hereunder, which certificates shall
provide that such insurance shall not be terminated or expire without thirty (30) days written
notice to the Department, and CONTRACTOR shall maintain such insurance from the time
CONTRACTOR commences performance of services hereunder until the completion of such
services. Within sixty (60) days of the commencement of the agreement, the CONTRACTOR
shall furnish certified copies of the polices and all endorsements.
G. Insurance Review. The above insurance requirements are subject to periodic review by the
COUNTY. The County's Risk Manager is authorized, but not required, to reduce or waive any
of the above insurance requirements whenever the Risk Manager determines that any of the
above insurance is not available, is unreasonably priced, or is not needed to protect the interests
of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced
or unavailable types of insurance coverage or coverage limits become reasonably priced or
available, the Risk Manager is authorized, but not required, to change the above insurance
requirements to require additional types of insurance coverage or higher coverage limits,
provided that any such change is reasonable in light of past claims against the County, inflation,
or any other item reasonably related to the County's risk.
Any such reduction or waiver for the entire term of the agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by amendment to
�P tl - Z,
this agreement. CONTRACTOR agrees to execute any such amendment within thirty (30) days
of receipt.
Page 4 of 6
H. The CONTRACTOR may accomplish the insurance requirements herein through a State
approved self-insurance program.
V. AUTHORITY.
The Sheriff of San Bernardino County shall have the right to exercise the COUNTY's authority under
this contract including the right to give notice of termination on behalf of the COUNTY at his sole
discretion.
VI. FULL UNDERSTANDING.
This contract represents the full and complete understanding of the parties with respect to the subject
matter hereto, this contract supersedes all prior oral and written agreements or understanding between
the parties with respect to the subject matter hereto. This contract shall be governed by the laws of the
State of California. Venue for any lawsuit pertaining to this contract shall be Superior Court of
California, County of San Bernardino, San Bernardino Division. Any amendment to this contract shall
be in writing signed by both parties.
VII. CONCLUSION.
This contract consisting of six (6) pages and Schedule A is the full and complete document describing
I
the services to be rendered by COUNTY to CONTRACTOR, including all covenants, conditions and
z:1
benefits.
RJ CONUOF&Updatemerge08-1 Ldoc
Page 5 of 6
[This page is intentionally left blank.J
CO F SAN BERNARDINO City of Redlands
(Print or name of rporation,company,contractor,etc.
Attest
► `"..".......... By
Paul BiaVie, Chairman, Board of Supervisors (Authorized signature-sign in blue ink)
Dated: Name
r Jon Harrison Lorrie Poyzer
-
(Print or type name of person signing contract)
SIGNED PY OF THIS
DOCUM _ 1 TO THE Title Mayor Citv Clerk
CHAIRM N r (Print or Type)
it
e t Supervisors Dated: July 1, 2008
u ardino.
Redlands Police Department
By Address P.O. Box 3005
Redlands, CA 92373-1505
Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
► ► ►
County Counsel,by Kevin L.Norris,Deputy Department Head
Date --Z9�-O�' Date Date
Auditor/Controller-Recorder Use Oni
Contract Database 0 FAS
i input fr# S'y
Page 6 of 6
SCHEDULE
USE OF FORCE
INSTRUCTIONAL UPDATE COURSE
SIXTEEN (16) HOUR COURSE
COURSE OUTLINE CLASS SCHEDULE
HOUR ACTIVITY
DAY 1:
0800- 1000 Use of Force Continuum
Rules of Engagement
Case Law
1000 - 1200 Tactical Communications
Verbal Judo
1200 - 1300 Lunch
1300 - 1700 Firearms Training
Range Safety
Duty Weapon
Mini-14
Shotgun
DAY 11:
0800 - 1.200 Defensive Tactics
Control Holds
Personal Weapons
Active Counter Measures
Weapon Retention
Handcuffing
1,200 - 1300 Lunch
1300 - 1700 ASP Training
Page 1 of I
REQUEST FOR COUNCIL ACTION
Acrenda Item No,
City Council Meeting of 07101/ 008
SUBJECT: Approval of a contract with the County of San Bernardino for the San
Bernardino County Sheriffs Department to provide Trimester Use of Force
Training to members of the Redlands Police Department and authorization to
execute the document.
MOTION: I move to approve the contract with the County of San Bernardino for the San
Bernardino County Sheriff's Department to provide Trimester Use of Force Training
to members of the Redlands Police Department and authorize the execution of the
document.
DISCUSSION:
All full time sworn and reserve officers of the Redlands Police Department are required to
participate in firearms/range qualifications,defensive tactics training,First Aid/C.P.R.certifications,
and related training in critical law enforcement skills, in accordance to State mandates and
Department policy. The San Bernardino County Sheriff's Department (SBSD), through its Force
Options Training Unit at the Academy Range, offers all of these training courses through its Use of
Force, Trimester Training program. Officers attending Use of Force Training are able to meet
Department mandates and maintain competency in critical skills areas. Additionally, this training
provides each officer with 24 hours of accredited P.O.S.T. training per year. The Sheriff's
Department will conduct this training at a cost of $75.00 per officer, per trimester. The Police
Department has utilized SBSD for the trimester training for the past several years with excellent
results.
FISCAL IMPACT:
No additional cost to the General Fund.The cost of the contract shall not exceed$75.00 per officer,
per trimester, with a total estimated cost of approximately$20,250 for the current fiscal year. The
cost of this training is covered in the Department's training account.
SUBMITTED BY: REVIEWED BY:
Ja es R. Bueermann Daniel McHugh
h ,f
ief of Police City Attorney
REVIEWED BY: RECOMMENDED BY:
Tina Kundig N. Enrique Martinez
Finance Director City Manager
- Trimester Use of Force - on motion of Councilmember
Contract ree Trainino
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved a contract with the County of San Bernardino for
the San Bernardino County Sheriffs Department to provide Trimester Use
of Force Training to members of the Redlands Police Department and
authorized the Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City.
Contract - Sheriffs Range Facilities - On motion of Councilmember Gilbreath,
seconded by Councilmeniber Gallagher, the City Council unanimously approved
a contract with the County of San Bernardino to allow the use of the San
Bernardino County SherifPs Department range facilities and authorized the
Mayor to execute, and the City Clerk to attest to, the document on behalf of the
City.
Amendment - Tow Service Agreements - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved changes to Section XXV of the tow services agreement
to require the tow companies participating in the City's rotational tow program
to pay a single fee in the amount of $75.00 to the City for each impounded
vehicle towed upon request of the Police Department and approved the contract
amendments with Brones Towing, Inc., Bill and Wag's Inc. and LL Towing and
authorized the Mayor to execute, and the City Clerk to attest to, the documents
on behalf of the City.
Proclamation - Parks and Recreation Month - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously authorized issuance of a proclamation declaring July 2008 as
Parks and Recreation Allonth.
Amendment - ProLogis Exclusive Negotiation Agreement - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved the first amendment to an. exclusive negotiation
agreement with ProLogis with respect to the approximately 36-acre city-owned
property located on the north side of Palmetto Avenue between California and
Nevada Streets, identified as Assess&s Parcel Nos. 0292-044-09 through 12
and authorized the Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City.
PUBLIC HEARING
Resolution No. 6728 - 4n ro riations Limit - Public notice was advertised
this time and place to consider Resolution No, 6728, a resolution of the City
Council of the City of Redlands establishing an appropriations limit of
586,563,913.00 for fiscal yea, 2008-2009 in accordance with Article XIIIB of
the State of California Constitution and Section 7/900 et seq. of the California
JL11Y I 2008
Pai�e 3