HomeMy WebLinkAboutContracts & Agreements_66-2000_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
" AND RECORD OF ACTION
July 18, 2000
FROM: GARY PENROD, Sheriff
Sheriff's Department
SUBJECT: CONTRACT WITH VARIOUS AGENCIES FOR USE OF THE SHERIFF'S
DEPARTMENT WEAPONS FIRING RANGE.
RECOMMENDATION: Approve contracts for use of the Sheriff's Department weapons firing
range with the following agencies:
AGREEMENT NO. CONTRACTOR
00-696 California State Lottery
00-697 City of Fullerton, Fullerton Police Department
00-698 City of Montclair, Montclair Police Department
00-699 City of Redlands, Redlands Police Department
00-700 County of Riverside, Dept. of Public Social Svcs.
BACKGROUND INFORMATION: The Sheriffs range facilities are used, on a contractual basis,
by local law enforcement, government agencies and certain private companies in need of periodic
firearms qualifications. The Sheriffs firing range is the most convenient place for employees of
many contractors to complete necessary periodic firearms qualifications. A written contract is
used to insure proper liability coverage, remuneration, and operating procedures between the
parties.
The Department is in the process of re-writing all of its range contracts to include a rate increase
from $7.08 to $10.00 per shooter, per day and to provide additional indemnification for the
County. These contracts include all the new provisions.
REVIEW BY OTHERS: These contracts have been reviewed by the County Administrative Office
and have been reviewed and approved as to form by Deputy County Counsel Kevin L. Norris.
FINANCIAL IMPACT: Revenue generated by these contracts offset the cost of providing the
service. No additional cost to the County.
SUPERVISORIAL DISTRICT(S): All Districts
PRESENTER: Mr. Doug Hallen
cc: Sheriff Admin.—Wendy Britt Record of Action of the Board of Supervisors
w/agreement
Contractor w/agreement APPROVED BOARD OF SUPERVISORS
c/o Sheriff Admin. COUNTY,OF SAXSERNARDINO
Auditor w/agreement �
SBD Wagreement MOTION MOVE-_" �`: .- SECOND ABSENT
Risk Management y-��' 4
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File w/agreementBY r
Rev 07/97 mII
DATED: ul 8, 0
`NO
_.. ITEM 042
FOR COUNTY USE ONLY
]E New Vendor Code Dept. Contract Number
awry M
X
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rjaS E hange 00-699
Cancel SC SHR A
County Department Dept. Orgn. Contractor's License No.
SHERIFF SHR SHR
County Department Contract Representative Ph.Ext. Amount of Contract
WENDY BRITT (909)387-3637 $
County of San Bernardino Fund Dept. I Organization Appr. -Obj/Rev Source Activity GRC/PROXJOB Number
FAS AAA I SHR I SHR 9800 RANGE
STANDARD CONTRACT Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
Project Name
Range Use
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
Phone Birth Date
(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 beaid,manner ofpayment,time for performance or completion, determination ofsatisfactory
performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda,ifakv.)
WHEREAS, the COUNTY operates a Weapons Firing Range located at the Frank Bland Regional
Training Center; AND
WHEREAS, the CONTRACTOR desires to enter into an contract for the use of said Firing Range for
the purpose of firearms training or periodic chemical agent (tear gas) training and/or periodic firearms
qualification shoots:
NOW, THEREFORE, the parties agree as follows:
I CONTRACTOR shall make use of the Weapons Firing Range at approximate quarterly intervals
during each contractual year. CONTRACTOR shall be provided access to the Range as many
times as required to ensure that all CONTRACTOR's law enforcement personnel and/or students
have successfully completed qualifying shoots and/or training sessions. Range use shall take
place during normal Range operating hours, at times and dates specified by the Sheriffs
Rangemaster. Available Range facilities shall include, but are not limited to, the following:
pistol range,rifle range, and classroom facilities.
2. CONTRACTOR shall coordinate with a designated COUNTY Range Safety Officer regarding
the proper use of the Range facilities. CONTRACTOR shall ensure that all CONTRACTOR's
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personnel and/or students utilizing the Range are knowledgeable with regard to the proper use of
Range facilities.
3. The CONTRACTOR shall supply, at no cost to the COtNTY, a qualified Rangemaster, who has
successfully completed a California Peace Officer Standards of Training (P.O.S.T.) approved (or
equivalent) firearms instructor course, who shall personally supervise and control the course of
training of CONTRACTOR's personnel and/or students at the Range, subject to oversight and
approval of the Sheriffs Rangemaster and/or Range Safety Officer. Depending upon the nature
of the training activity, Sheriffs Rangemaster and/or Range Safety Officers or equivalent Range
personnel may take direct control of the course of training of CONTRACTOR"s personnel and/or
students with the assistance of CONTRACTOR's Rangemaster.
a) All participants shall conduct themselves in accordance with Range Rules and
Regulations, as detailed in Exhibit A attached hereto.
b) Violations of Range rules and regulations may result in immediate termination of
CONTRACTOR's Range privileges.
4. CONTRACTOR shall supply and bear the cost of all necessary supplies or equipment, necessary
for shoots or training, above those detailed in the attached Schedule A. CONTRACTOR shall
supply all necessary ammunition and weapons. All expended shelf casings shall become the sole
property of the COUNTY.
5CONTRACTOR shall submit a course of fire to the Sheriff's Range aster and/or Range Safety
Officer prior to CONTRACTOR's initial use of the range facilities. CONTRACTOR shall
submit a new course of fire prior to making any change in use of range facilities.
6CONTRACTOR shall compensate the COUNTY at the rate of$10.04 per shooter,per quali6ring
shoot or training session, based upon the actual number of shooters per session. It shall be the
sole responsibility of the CONTRACTOR to ensure that all shooters arrive for all shoots and/or
training sessions. CONTRACTOR shall be billed in arrears on a quarterly basis. COUNTY
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 xNTitin g by both parties in the form of an amendment to this contract.
7. INDEMNIFICATION. The CONTRACTOR agrees to indemnify, defend. and hold hannless the
i�—OUTNTY 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, oromissions of any persons and for any costs or expenses incurred by the
COUNTY on account ofany claim, therefore, except where such indemnification is prohibited
by law. CONTRACTOR specifically agrees that this Inde rnnification/deBense clause and hold
harmless clause is it to extend to all acts of active or passive negligence, whether sole or
concurrent, and that CONTRACTOR's duty to indemnify, defend andor hold ha _lessis
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.
Page 2 of 5
INSURANCE. Without in anyway affecting the indemnity herein provided and in addition
hereto, the CONTRACTOR shall secure and maintain throughout the contract the following
types of insurance with limits as shown-.
a) Workers' Cq!jjpensafion. A program, of )XIorkers' 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 specifically covering CONTRACTOR's employees' activities at the
range facilities.
b) Comprehensive General-and Automobile Liability Jasurance. 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 insured with respect to liabilities arising out of the perfon-nance of
services hereunder.
d) WAIVER OF SUBROGATION RIGHTS. CONTRACTOR shall require the carriers of
the above-required coverages to waive all rights of subrogation against the COUNTY, its
officers,employees, agents, volunteers, contractors, and subcontractors.
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,
I) PROOF OF COVERAGE. CONTRACTOR shall immediately furnish certificates of
insurance to the Sheriffs 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 contract, the CONTRACTOR shall furnish certified copies of the
policies 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 w,,ailable, is unreasonably priced, or is
not needed to protect the interest of the County. In addition, if the Risk Manager
determines that heretofore unreasonably priced or unavailable types of insurance
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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.
h) -Any such reduction or waiver for the entire to of the contract and any change requiring
additional types of insurance coverage or higher coverage limits must be made by
amendment to this agreement. CONTRACTOR agrees to execute any such amendment
within thirty (30) days of receipt.
9. The to of this contract shall be for a period of time commencing upon July 01, 2000 and
terminating only as hereinafter provided. 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)
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.
l(f 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
COLNTY: San Bernardino County Sherif(7s Department
Bureau of Administration
P.O. Box 569
San Bernardino, CA 92407-0569
11. 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.
12. The CONTRACTOR shall limit the use of COLINT Y's range facilities to those personnel and or
students currently employed and/or enrolled with CONTRACTOR at the time the Range is used.
13, This contract represents the full and complete understanding of the parties with respect to the
subject matter hereto, and this contract supersedes all prior oral and written agreements or
understandings between the parties with respect to the, subject matter hereto. Any amendment to
this contract shall be in writing, signed by both parties, This contract shall be governed by the
laws of the State of California. Venue for any lawsuit pertaining to this cop-tract shall be
Superior Court of California, County of Say Bemardino, San Bernardino Division.
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CB CONRedlandsP=ge00-01.doc
COUNTY OF SAN BERNARDINO City of Redlands
;� • (Print or typeP4me of corporation, company, contractor.etc.)
► � By
Jon ikels, Chairman, Board of Supervisors
Dated: JUL 18 M Name Pat Gilbreath, Mayor
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Attest:
CHAIRMAN OF THE BOARDrie Poy , City Clerk
Cleric of the mrd of Supervisors Dated: June 000
of the CaurAy of San Samudino.
' F Redlands Police Department
By Address P.O. Box 3005
(' Redlands,CA 92373
f
Approved as o Lega I F ovi Reviewed by Contract Compliance Reviewed for Processing
oun I, vin L. Norris Agency Administrator/CAO
Date Jr-l7-db Date Date
Page 5 of 5
SCHEDULE A
SUPPLIES AND SERVICES PROVIDED BY THE SAN BE INC} COUNTY
SHERIFF'S DEPARTMENT,
1. Targets(paper silhouette type only).
2. Target frames.
3. Gun cleaning supplies and a designated area for gun cleaning.
ADDITIONAL INFORMATION:
• CONTRACTOR must provide staple guns and staples.
• Inmate assistance for range set up and target maintenance is available on a limited basis and
is not guaranteed.
e Nighttime use of the range facilities is available on a limited basis and must be approved by
the Sheriff's Range aster and/or Range Safety Officer.
EXHIBIT"A"
NOTICE
RANGE SAFETY ADVISORY
THE FOLLOWING SAFETY PROCEDURES WILL BE STRICTLY ENFORCED:
1. Upon arrival, all weapons are to remain holstered until instructed to report to the firing line and
given commands for the course of fire.
2. All shooters must wear proper ear and eye protection as approved by the Range Safety Officer.
3. Weapons are to be loaded or down loaded at the firing line or as otherwise instructed by the
Range Safety Officer.
4. Only magazines and speed loaders may be down loaded and replaced with live ammunition in
the staging area.
5. After completing your course of fire, weapons are to be re-holstered upon leaving the firing line.
6. Weapons may be un-holstered in the cleaning room and rendered safe for cleaning by using
the bullet containment system located in the cleaning room.
7. A duty round may only be re-chambered at the firing line or by using the bullet containment
system located in the cleaning room.
8. Violation of any safety rule will result in removal of the violator from the Range. Flagrant safety
violations could lead to suspension of future range privileges to the violator and/or the agency
or organization the violator represents.
IF THERE ARE ANY QUESTIONS, PLEASE CONSULT THE RANGE STAFF