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HomeMy WebLinkAboutContracts & Agreements_172-2012_CCv0001.pdf 4/VES 7-0 Fcg s/clifTrue-e R ExPEcr CdfiqE SA&K V o-/&e eqFy ROD HOOPS,SHERIFF/CORONER/PUBLIC ADMINISTRATOR October 5, 2012 Chris Catren, Lieutenant Patrol Services Bureau Redlands Police Department P.O. Box 1025 Redlands, CA 92373-0304 RE: CONTRACT FOR TRIMESTER USE OF FORCE TRAINING 2011-14 Dear Lieutenant Catren: Enclosed are two originals of the proposed contract between the City of Redlands (Redlands Police Department & Redlands Fire Department) and the County of San Bernardino for the Sheriff's Department to provide Trimester Use of Force Training to your law enforcement personnel. If this contract meets with your approval, please complete the signature blocks, have both copies signed in blue ink by an authorized individual (usually the City Manager or Mayor) and return both copies in the mail to: Roxann Jenkins/Sheriffs Administrative Division San Bernardino County Sheriffs Department P.O. Box 569 San Bernardino, CA 92402-0569 Upon approval by the County Board of Supervisors, an executed copy will be returned to you for your records. If you have any questions or need additional information, please contact me at (909) 387-0310 or rjenkins(a sbcsd.orq. Sincerely, ROD HOOPS, SHERIFF/CORONER/PUBLIC ADMINISTRATOR z ���e"A�ls ROXANN M. JENKINS, Staff Analyst Sheriff's Bureau of Administration RH/RJ Enclosures SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street . San Bemardino,California 92415-0061 Post Office Box 569 • San Bernardino. California 92402-0569 FOR COUNTY USE ONLY New FAS Vendor Code �+ Dept. Contract Number Change SC SHR A El Cancel ePro Vendor Number ePro Contract Number County Department Dept. Orgn. Contractor's License No. SHERIFF SHR SHR County Department Contract Representative Telephone Total Contract Amount County of San Bernardino STEVE HIGGINS (909)387-0640 F A SContract Type evenue Encumbered Unencumbered F1 Other. STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 06/30/14 $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No Amount SCB SHR SHR $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount 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 I/D FY Amount I/D Update Course&Trimester Use of Force Training 2012-14 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 35 Cajon Street P.O. Box 3005 Redlands, CA 92373-1505 Telephone Federal ID No.or Social Security No. (909)798-7661 IT IS HEREBY AGREED AS FOLLOWS: 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: 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. Audltor-Cont,Wlerlrreasurer Tar Collector Use On ❑Contract Database E3 FAS Input Date Keyed By Page 1 of 6 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 Sheriffs 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 Sheriffs 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. Ill. TERM AND TERMINATION The term of this contract shall be for a period commencing on its execution by the San Bernardino County Board of Supervisors and ending on June 30, 2014. 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. Revised 03/22/2012 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 Administration 30 Cajon Street P.O. Box 3005 Redlands, CA 92373-1505 CONTRACTOR: City of Redlands Redlands Fire Department 35 Cajon Street, Suite 12 P.O. Box 3005 Redlands, CA 92373-1505 COUNTY: San Bernardino County Sheriff's Department Administrative Services Division, Contracts Unit 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. V11. 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. A. For CONTRACTORS which are considered self-insured public entities: Both CONTRACTOR and COUNTY are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers' Compensation. CONTRACTOR and COUNTY warrant that through their respective program of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement. B. For CONTRACTORS which are not considered self-insured public entities: 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: 1. 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 Revised 03/2212012 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. 2. 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 2010.1185. 3. 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. 4. '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. 5. 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. 6. 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. 7. 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". 8. 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. Revised 03/2212012 9. 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. 10. 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: (a) Premises operations and mobile equipment. (b) Products and completed operations (c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards. (e) Personal injury. (f) Contractual liability. 11. 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. 12. 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. 13. 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 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. Revised 03/22/2012 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. Vill. 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 and B, are incorporated herein by reference. IX. CONCLUSION This contract consisting of six (6) 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. COUNTY OF SAN BERNARDINO City of Redlands (Print or type n a of corp tion,company,contractor,etc.) 110. By Josie Gonzales, Chair, Board of Supervisors (Authorized signature-sign in blue ink) Dated: Name Pete Aguilar (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title Mayor CHAIRMAN OF THE BOARD (Print or Type) Laura H.Welch Dated: October 16, 2012 Clerk of the Board of Supervisors of the County of San Bemardino 35 Cajon Street By Address P.O. Box 3005 Deputy Redlands, CA 92373-1505 Approved t egal Form Reviewed by Contract Compliance Presented to BOS for Signature Mo.7�=;�� 110. 0- County Counsel,by Sten Sine,�D7uty` Department Head i Date Id /60, Date Date Revised 03/2212012 D�A nf A 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 Judo 1200 - 1300 Lunch 1300 - 1700 Firearms Training Range Safety Duty Weapon Mini-14 Shotgun DAY 11: 0800 - 1200 Defensive Tactics Control Holds Personal Weapons Active Counter Measures Weapon Retention Handcuffing 1200 - 1300 Lunch 1300 - 1700 ASP Training Revised 03/22/2012 Page 1 of 1