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HomeMy WebLinkAboutContracts & Agreements_99-2008_CCv0001.pdf Agreement Number: SHR08-0112 AGREEMENT FOR USE OF RANGE/LIVE FIRE HOUSE This agreement is made and entered into on this eighth day of July, 2008, by and between City of Redlands, Redlands Police Department (hereinafter the "CONTRACTOR") and the County of San Bernardino (hereinafter the "COUNTY"). RECITALS WHEREAS, the COUNTY operates a Weapons Firing Range and a Live Fire House (LFH) located at the Frank Bland Regional Training Center; AND WHEREAS, the CONTRACTOR desires to enter into a 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 and of said Live Fire House for the purpose of firearms training; NOW,THEREFORE, the parties agree as follows: L SCOPE OF SERVICES. A. CONTRACTOR shall make use of the Weapons Firing Range and the Live Fire House at approximately 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. Use of the Weapons Firing Range and the Live Fire House shall take place during normal range operating hours, at times and dates specified by the Sheriffs Range Master and/or Range Safety Officer. Available Range facilities shall include, but are not limited to, the following: pistol range, rifle range, and classroom facilities. B. CONTRACTOR shall coordinate with a designated COUNTY Range Safety Officer regarding the proper use of the Range and Live Fire House facilities. CONTRACTOR shall ensure that all CONTRACTOR's personnel and students utilizing the Range or Live Fire House are knowledgeable with regard to the proper use of Range and/or Live Fire House facilities. C. Use of the Live Fire House must be approved by the Sheriffs Range Master or designee to assure proper training and qualification and is limited to use by SWAT teams. D. Instructors must consult with the Sheriff's Range Safety Officer for an update of Live Fire House procedures if a 12 month period of non-use has occurred. E. The CONTRACTOR shall supply, at no cost to the COUNTY, a qualified Range Master, 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 students at the Range and Live Fire House, subject to oversight and approval of the Sheriff s Range Master and Range Safety Officer. CONTRACTOR shall always have at Ieast two safety persons (approved by Sheriffs Department) per scenario on site at the LFH during My training activity. Depending upon the nature of the training activity, Sheriffs Range Master or Range Safety Officers or equivalent Range/Live Fire House personnel may take direct control of the course of training of CONTRACTOR's personnel and students with the assistance of CONTRACTOR's Range Master. I All participants shall conduct themselves in accordance with Range Rules and Regulations, as detailed in Exhibit A and with Live Fire House Regulations and Safety Rules, as detailed in Exhibit B, attached hereto and incorporated herein by reference. 2. Violations of Range rules and regulations may result in immediate termination of CONTRACTOR's Range and Live Fire House privileges. F. The CONTRACTOR shall limit the use of COUNTY's range and Live Fire House facilities to those personnel and students currently employed or enrolled with CONTRACTOR at the time the Range or Live Fire House is used. G. CONTRACTOR shall supply and bear the cost of all necessary supplies or equipment, necessary for shoots or training, above those detailed in the Schedule A attached hereto and incorporated herein by reference. CONTRACTOR shall supply all necessary ammunition and weapons. All expended shell casings shall become the sole property of the COUNTY. H. CONTRACTOR shall submit a course of fire to the Sheriffs Range Master or Range Safety Officer prior to CONTRACTOR's initial use of the range or Live Fire House facilities. CONTRACTOR shall submit a new course of fire prior to making any change in use of the range or Live Fire House facilities. CONTRACTOR shall also supply copies of all related certifications of all instructors/safety officers. 1. CONTRACTOR shall supply the Range Master or Range Safety Officer with contact information for a lead instructor/Range Master. H. CONSIDERATION. A. For use of the range facilities, CONTRACTOR shall compensate the COUNTY at the rates detailed in the Schedule B attached hereto and incorporated herein by reference, per shooter, per qualifying shoot or training session. based upon the actual number of shooters per session. B. For use of the Live Fire House, CONTRACTOR shall compensate the COUNTY the lesser of $35.00 per student or $350.00 per team (limit of 15 students per team) per day or any portion thereof. Teams consisting of more than 15 students will be charged an additional $35 per student. If CONTRACTOR is a No Show without notification and/or justification, CONTRACTOR will be billed $350. C. CONTRACTOR shall be billed in arrears on a quarterly basis. CONTRACTOR will submit payment to the Sheriff's Department, Bureau of Administration for the costs billed, D. COUNTY shall have the right to renegotiate the rate for Range and Live Fire House and supplies provided under this contract at the end of each fiscal year for the ensuing fiscal year. Any rate change 0 shall be agreed to in writing by both parties in the form of an amendment to this contract. E. It shall be the sole responsibility of the CONTRACTOR to ensure that all shooters arrive for all shoots and/or training sessions. III. TERM AND TERMINATION. The term of this contract shall be for a period of three years commencing upon the date of approval by the Sheriff or his designee. Notwithstanding the foregoing, 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. 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 Sheriff's Department Bureau of Administration 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. Provided, however, that this indemnity does not extend to any environmental hazards or risks. VI. INSURANCE. Without in anyway 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' Compgnsation. 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, cove-ring all persons providing services on behalf of the CONTRACTOR and specifically covering CONTRACTOR's employees' activities at the range facilities. Page 3 of 5 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. 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 insurance. If the County's Risk Manager determines that there is no reasonably priced coverage 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 of 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 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 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 41- against the County, inflation, or any other item reasonably related to the County's risk. H. 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 this agreement. CONTRACTOR agrees to execute any such amendment within thirty (30)days of receipt. Page 4 of 5 I. The CONTRACTOR may accomplish the insurance requirements herein through a State approved self- insurance program. VII. 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. VIII. FULL UNDERSTANDING. 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. 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. Schedules A and B, and Exhibits A, B, and C, are incorporated herein by reference. IX. CONCLUSION. This contract consisting of five (5) pages, Schedules A and B and Exhibits A and B, is the full and complete document describing the services to be rendered by COUNTY to CONTRACTOR, including all covenants, conditions and benefits. RJ CONRange_Redlands08-11new.doc City of Redlands San Bernardino County eriff s Department Redlands Police Department ATTEST Authorize'd signature i Sheriff or authorized d4linee's signature Jon Harrison Lorrie Poyzer Dennis J. Casey Name of person signing agreement (print or type) Name of person signing agreement(print or type) INta y o r City Clerk Captain Title Tide July 1, 2008 July 8, 2008 Date Date P—o SCHEDULE A SUPPLIES AND SERVICES PROVIDED BY THE SANI BERNARDINO COUNTY SHERIFF'S DEPARTMENT FOR USE OF THE RANGE FACILITIES: 1. Target backing. 2. Target frames (stands). 3. Gun cleaning supplies and a designated area for gun cleaning. ADDITIONAL INFORMATION: • CONTRACTOR will provide targets (serviceable steel only), staple guns and staples. • Inmate assistance for range set up and target maintenance is available on a limited basis and is not guaranteed. • Nighttime use of the range facilities is available on a limited basis and must be approved by the Sheriff's Range Master or Range Safety Officer. pAnp of SCHEDULE COST SCHEDULE CHARGES FOR RANGE Range Use Only $12.50 per person Range Use with Classroom $14.50 per person Range Use with Mat Room $16.50 per person Mat Room Only $5.00 per person Simmunition House $15.00 per person Charges are per person, per qualifying shoot or training session, based upon the actual number of shooters per session. Paqe 1 of 1 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 SAFETY OFFICER OR RANGE MASTER Page 1 of 1 EXHIBIT B San Bernardino Sheriff s Department Live Fire House Regulations and Safety Rules 1. Approval for use of the Live Fire House must be made by the Range Safety Officer or the Range Master; authorized firearms instructors must be present during use; the primary (lead) instructor is responsible for the safe operation and maintenance of the Live Fire House; all training, presentation, or demonstrations, whether live fire or not, will be under the direct supervision of an instructor; the primary instructor will ensure that all participants involved in live fire training are qualified to do so; all instructors must have satisfactorily completed a "Live Fire House Operations-Instructor Development Course", as offered by either San Bernardino County Sheriff's Department (or equivalent subject to the approval of the Sheriff's Range Master);the primary instructor will ensure that all participants involved in Live Fire House training receive a safety briefing that includes basic firearms safety, and the safe operating procedures for the Live Fire House; all loading and unloading of weapons will be under the direct supervision of a firearms instructor; the primary instructor will ensure that the following safety equipment is on-hand prior to "Live Firearms Training", these include, first aid trauma kit, radio or other form of communication, that fire extinguishers are present and charged, and the approach gate to the LFH remains clear of obstruction at all times. 2. Under most circumstances, the student to authorized instructor ratio will not exceed 3 to 1; body armor, eye and hearing protection must be worn by everyone who enters the Live Fire House; prior to live fire exercises, all rooms will be checked to ensure that no personnel are present; firearm instructors will ensure that targets are placed so that, when engaged, rounds will hit the proper backstop and rounds will not exit the building; authorized/approved frangible ammunition shall only be used, if your ammunition is not on the approved list a test must be conducted by the Range Safety Officer to verify that the ammunition is appropriate for the facility; no metal targets will be allowed; instructors shall review all targets and angles of deflections before beginning live fire; if during any training a safety whistle is blown or a command that is designated as a "Cease Fire" command is made, shooter shall freeze their movement, place trigger fingers outside of trigger guards, depress the weapons muzzles, repeat "Cease Fire" and wait for further commands from the instructor, students are required to follow the direction of the instructors and the safe operating procedures at all times, failure to do so is just cause for removal from training, all observers are required to follow the safety rules established for the Live Fire House at all times, failure to comply with these safety rules is just cause for removal from the Live Fire Facility; instructors shall ensure that no shots impact any containment wall closer than 18" from its upper edge; instructors shall monitor students to ensure that firing positions are not taken that may endanger other students or may allow fired round(s) from escaping the containment area. 3. The red range flag must be posted prior to use; at the conclusion of the training session the building shall be checked for damage, fire and then secured; all damage not consistent with normal wear must be repaired, replaced and reported. Pagge 1 of 2 4. The entrance gates to the Live Fire House will be closed during all live fire exercises, with entry being approved only by the primary safety officer; no unauthorized persons shall be present in or around the Live Fire House without checking in with the safety officer and having his or her consent to be present; any injuries must be immediately reported to the Range Safety Officer or Range Master; a post operation inspection of the Live Fire House facility will be made by the primary instructor to in sure the following: all weapons, ammunition, diversionary devices, body armor, and other equipment used during the training period are accounted for, that brass has been collected and that all other debris within the Live Fire House has been removed, that no student(s) has sustained any injuries during training, that no damage has been caused by the training; account for all personnel who used the Live Fire House. 5. All agencies seeking to use the Live Fire House must have a current contract with the County of San Bernardino for such use, and insurance document, on file; curriculum of exercises that are to be conducted in the Live Fire House must be submitted in advance to the Range Safety Officer for his/her approval; specific safety policies and procedures of the San Bernardino County Sheriff's Department must be followed at all times; firearms shall not be handled by persons with a blood alcohol content in excess of .00% by weight or under the influence of drugs or medication that would impair their motor skills,judgment, or balance; and no chemical agents may be used in the Live Fire House. Page 2 of 2 Contract - Trimester Use of Force Training - On motion of Councilmember 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 Councilmember Gallagher, the City Council unanimously approved a contract with the County of San Bernardino to allow the use of the San Bernardino County Sheriff's 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 Broncs 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 Ifonth. Amendment - Prol-ogis 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 :'I'ssessor'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 - AnDrooriations Limit - Public notice was advertised for 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 $86,563,913.00 for fiscal year 2008-2009 in accordance with Article XHIB of the State of California Constitution and Section 7900 et seq. of the California July 1,2008 Page 3