HomeMy WebLinkAboutContracts & Agreements_137-2009_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
September 22, 2009
FROM: ROD HOOPS, Sheriff-Coroner
Sheriff s Department
SUBJECT: CONTRACT WITH CITY OF REDLANDS FIRE DEPARTMENT FOR THE
SHERIFF'S DEPARTMENT TO PROVIDE USE OF FORCE TRAINING
RECOMMENDATION(S)
Approve Contract No.09-942 with City of Redlands Fire Department 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 September 22, 2009 through September 21, 2012.
(Affected Districts: Fifth)
(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.
The City of Redlands Fire Department has requested Use of Force training to their team of Arson
Investigators, who are peace officers, pursuant to Penal Code Section 830.37. The current fees,
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, are
based upon the cost of providing training personnel as well as maintaining and operating the
firing range, such as replacing targets, target frames, backing, and providing ammunition and
supplies. This contract is for three years, effective September 22, 2009, and provides for
termination upon 30 days advance written notice.
FINANCIAL IMPACT
There is no local cost impact related to this item. Total projected revenue for 2009-10 in the
amount of $1,275 is anticipated; actual revenue varies based upon the number of personnel that
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ITEM 54a 1{ tt
Rev 0708R t
DATE SeptembNWRA
•
BOARD OF SUPERVISORS
CONTRACT WITH CITY OF REDLANDS FIRE DEPARTMENT FOR THE
SHERIFF'S DEPARTMENT TO PROVIDE USE OF FORCE TRAINING
SEPTEMBER 22, 2009
PAGE 2 OF 2
attend the training. Revenue received fully offsets the cost of providing the service and was
included in the Sheriffs Contract Training Fund proposed budget (SCB-SHR) for 2009-10. Prior
to year-end, the revenue received from this contract will be transferred to the general fund (AAA-
SHR) to offset any related salaries and benefits cost for Sheriff's staff.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Steven Singley, Deputy County Counsel, 387-
4271) on June 30, 2009 and the County Administrative Office (Matthew Erickson, Administrative
Analyst, 387-3937) on September 10, 2009.
9/22/2009#54
FOR COUNTY USE ONLY
New Vendor Code /�'++ Dept. A -,,,Co ct �u�,nber
wn£c1cRo Chanqe SL SHR A j �
tEl Cancel
County Department Dept. Orgn. Contractor's License No.
SHERIFF SHR SHR
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino DENNIS J. CASEY (909)387-0640
F A S Contract Type
Revenue Encumbered F7 Unencumbered Other:
STANDARD CONTRACT If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
Fund Dept. Organization Appr, Obj/Rev Source GRC/PROJ/JOB No Amount
SCB SHR SHR
i
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
IL
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
Use of Force Instructional FY Amount IID FY Amount I/D
Update Course &Trimester _
Use of Force Traininq 2009-12 W _
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 Fire Department
35 Cajon Street, Suite 12
Redlands, CA 92373-4746
Telephone Federal ID No.or Socia#Security No.
(909) 798-7600
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.)
WITNESSETH
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; 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:
Auditor/Controller-Recorder Use On
❑Contract Database ❑FAS
Input Date Keyed By
Page 1 of 7
I. SCOPE OF SERVICES.
A. COUNTY shall provide Trimester Use of Force training to CONTRACTOR's peace officers in
accordance with the San Bernardino County Sheriff's Department Use of Force Training and
Qualifications Program. Said training shall be conducted in accordance with guidelines
B. COUNTY shall provide Trimester Use of Force training to CONTRACTOR's peace officers in
accordance with the San Bernardino County Sheriff's Department 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 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.
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 Sheriff's 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.
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III. TERM AND TERMINATION.
The term of this contract shall be for a period of three years commencing upon its execution by the San
Bernardino County Board of Supervisors. 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 Fire Department
35 Cajon Street, Suite 12
Redlands, CA 92373-4746
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 (with counsel reasonably approved by COUNTY) and
hold harmless the COUNTY and its authorized 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 except where such indemnification is prohibited by law. This
indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The
CONTRACTOR's indemnification obligation applies to the COUNTY's "active" as well as "passive"
negligence but does not apply to the COUNTY's "sole negligence" or "willful misconduct" within the
meaning of Civil Code Section 2782.
VL INSURANCE.
The CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If
the CONTRACTOR uses existing coverage to comply with these requirements and that coverage does
not meet the specified requirements, the CONTRACTOR agrees to amend, supplement or endorse the
existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract
services.
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:
Page 3 of 7
A. Workers' Compensation/Employer Liability — 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 including volunteers providing services on behalf of the CONTRACTOR and
all risks to such persons under this contract.
If CONTRACTOR has no employees, it may certify or warrant to the 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
Director of Risk Management.
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.
B. Additional Insured — All policies, except for Worker's Compensation, Errors and Omissions, and
Professional Liability policies, shall contain 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. The additional insured endorsements shall not limit
the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the
COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at
least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
C. 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. All general or auto liability insurance coverage
provided shall not prohibit the CONTRACTOR and CONTRACTOR's employees or agents from
waiving the right of subrogation prior to a loss or claim. The CONTRACTOR hereby waives all
rights of subrogation against the COUNTY.
D. 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.
E. Severability of Interests — The CONTRACTOR agrees to ensure that coverage provided to meet
these requirements is applicable separately to each insured and there will be no cross liability
exclusions that preclude coverage for suits between the CONTRACTOR and the COUNTY or
between the COUNTY and any other insured or additional insured under the policy.
F. Proof of Coverage — CONTRACTOR shall furnish Certificates of Insurance to the Sheriff's
Department to the address referenced in Paragraph IV. or third-party contractor working on behalf
of the COUNTY, evidencing the insurance coverage, including endorsements, as 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
fifteen (15) days of the commencement of the contract, the CONTRACTOR shall furnish a copy of
the Declaration page for all applicable policies and will provide complete certified copies of the
polices and endorsements immediately upon request.
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G. Acceptability of Insurance Carrier — Unless otherwise approved by Risk Management, insurance
shall be written by insurers authorized to do business in the State of California and with a
minimum "Best" Insurance Guide rating of "A-VII".
H. Deductibles and Self-Insured Retention — Any and all deductibles or self-insured retentions in
excess of $10,000 shall be declared to and approved by Risk Management.
1. Failure to Procure Coverage — In the event that any policy of insurance required under this
contract does not comply with the requirements, is not procured, or is canceled and not replaced,
the COUNTY has the right but not the obligation or duty to cancel the contract or obtain insurance
if it deems necessary and any premiums paid by the COUNTY will be promptly reimbursed by the
CONTRACTOR or COUNTY payments to the CONTRACTOR will be reduced to pay for COUNTY
purchased insurance.
J. Commercial/General Liability Insurance — The CONTRACTOR shall carry General Liability
Insurance covering all operations performed by or on behalf of the CONTRACTOR providing
coverage for bodily injury and property damage with a combined single limit of not less than five
million dollars ($5,000,000), per occurrence. The policy coverage shall include:
(1) Premises operations and mobile equipment.
(2) Products and completed operations
(3) Broad form property damage (including completed operations).
(4) Explosion, collapse and underground hazards.
(5) Personal injury.
(6) Contractual liability.
K. Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business
Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The
policy shall have a combined single limit of not less than one million dollars ($1 ,000,000) for bodily
injury and property damage, per occurrence.
If the CONTRACTOR is transporting one or more non-employee passengers in performance of
contract services, the automobile liability policy shall have a combined single limit of one million
dollars ($1 ,000,000) for bodily injury and property damage per occurrence.
If the CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability
policy described above is acceptable.
L. Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to comply
with limits or other primary coverage requirements. When used, the umbrella policy shall apply to
bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown"
provision providing primary coverage for any liability not covered by the primary policy. The
coverage shall also apply to automobile liability.
M. Insurance Review — Insurance requirements are subject to periodic review by the COUNTY. The
Direction of Risk Management or designee is authorized, but not required, to reduce, waive or
suspend any insurance requirements whenever Risk Management determines that any of the
required insurance is not available, is unreasonably priced, or is not needed to protect the
interests of the COUNTY. In addition, if the Department of Risk Management determines that
heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits
become reasonably priced or available, the Director of Risk Management or designee is
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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 change requiring additional types of insurance coverage or higher coverage limits must be
made by amendment to this contract. CONTRACTOR agrees to execute any such amendment
within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the COUNTY to monitor or enforce compliance with
any of the insurance and indemnification requirements will not be deemed as a waiver of any
rights on the part of the COUNTY.
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.
IX. CONCLUSION.
This contract consisting of seven (7) pages and Schedule A is the full and complete document describing
the services to be rendered by COUNTY to CONTRACTOR, including all covenants, conditions and
benefits.
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COUNTY OF S N ERNARDIN City of Redlands
f j (Print or type me of eorpo tion,company, confractor,etc.)
► { By ►
Gary C.
Ovitt, C airma Board of Supervi rS (Authorized signature sign in blue ink)
Dated' EJ 2 2 2009 _— Name: Jon Harrison
(Print or type name of person signing contract)
SIGNED AND CERTIF - COPY OF THIS Mayor
DOCUMENTHAS. ��L�� TO THE Title:
CHAIRMANO� ___..____ _
(Print or Type)
@rf .rt]it .fr Dated: September 1, 2009
,CLerrk df4f,)a,, ar of S ervisors ATTEST:
pfhP� f S n Be` ardino ^
�c ;y City Clerk
VA{ #� Ir Department
B A 4f Address: 35 Ca j eet. Suite 12
Redlands, CA 92373-4746
Approved gal For Reviewed by Contract Compliance Present6d 1"'
BOS r ig t e
r I _
► !!^"
County Counsel,by Feven Si e ,Deputy Depanme ead
iy
Date � �J�_ Date Date V
Page 7 of 7
SCHEDULE A
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 .ludo
1200 - 1300 Lunch
1300 - 1700 Firearms Training
Range Safety
Duty Weapon
Mini-14
Shotgun
DAY If:
0800 - 1200 Defensive Tactics
Control Holds
Personal Weapons
Active Counter Measures
Weapon Retention
Handcuffing
1200- 1300 Lunch
1300 - 1700 ASP Training
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