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HomeMy WebLinkAboutContracts & Agreements_172-2012_CCv0002.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION November 27, 2012 FROM: ROD HOOPS, Sheriff/Coroner/Public Administrator Sheriff/Coroner/Public Administrator SUBJECT: CONTRACT WITH CITY OF REDLANDS FOR USE OF FORCE TRAINING RECOMMENDATION(S) Approve Contract No. 12-844 with the City of Redlands (City) for the Sheriff's Department to provide Use of Force Instructional Update Courses and Trimester Use of Force Training for the City's police and fire department personnel from November 27, 2012 through June 30, 2014. (Affected Districts: All) (Presenter: Steve Higgins, Captain, 387-0640) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Maintain Public Safety. FINANCIAL IMPACT Approval of this item will not result in the use of discretionary general funding (net county cost). In accordance with this agreement, the City of Redlands will compensate the Sheriff/Coroner/Public Administrator (Department) for Use of Force Instructional Update Courses at the rate of $1,000 per team, per 16-hour course and Trimester Use of Force Training at $75 per student, per trimester. Revenue generated from this agreement, which is estimated at approximately $18,000 over the term of the agreement, will fully offset the Department's cost of providing service. The actual amount of revenue will be based upon the number of personnel who attend the training. BACKGROUND INFORMATION Approval of this item will allow the Department to provide Use of Force training for the City's law enforcement personnel, including the Fire Department's Arson Investigators who are tasked with investigating all types of fires to determine the cause and origin, as well as identifying and apprehending those persons responsible for the commission of arson related crimes. The 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 designed to prepare individuals for ongoing Trimester Use of Force (UOF) training. Written contracts are used to establish the terms of the training, ensure proper liability coverage, cost recovery, and operating procedures between the parties. Page 1 of 2 cc: Sheriff-Higgins w/agree Record or Action of the board of Supervisors Contractor do Dept WI agree ACR-Acct Pay Mgr w/agree APPROVED (CONSENT CALENDAR) EBIX/BP0 do Risk COUNTY OF SAN BERNARDINO Sheriff-Hoops eBoard of Supervisors CAO-Forster MOTION SECND ABSENT MOVE AYE AYE File-w/agree 1 2 3 - 4 5 jr 12/13/12 ; LAURA H.WELCktGL THE KI: ITEM 59 BY DATED: November 2ti 0 FOR COUNTY USE ONLY ® New FAS Vendor Code �+ Dept. Contract Number �rv� ❑ Change SC SHR A 19N'ett4t-t ❑ Cancel *',!frti 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 S Contract Type RI kevenue D Encumbered fl Unencumbered El 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/PROJ/JOB No Amount SCB SHR SHR $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/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 Sheriffs 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. Auditor-Controller/Treasurer Tax Collector Use Only ❑Contract Database 0 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 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. 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 Page 2 of 6 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. VI. 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 03/22/2012 Page 3 of 6 requirements ofthe,LaboFCode of the State of California, including Employer's Liability with $250,000 |iDlit8. COv8hOg all persons including volunteers providing services on behalf Ofthe CONTRACTOR and all risks hOsuch persons under this contract. If CONTRACTOR has no 8Dlp|OyeeS, it may certify orwarrant t0 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' CO0peOS@dOD coverage will be waived by the CC)UNTY'sDirector OfRisk Management. With respect to CONTRACTORS that are non-profit corporations organized under California Or Federal |@VV, volunteers for such entities are required to be covered by Workers' Compensation insurance. 2. Additional Insured —A|| pO|icies, except for Worker's CO0peO8@dOn, Errors and Omissions, and Fzr0f8sSiOD8| Liability pO|ide8' shall contain endorsements naming the COUNTY and its officers, employees, agents, and volunteers as 8ddiUOD8| named inSUK*dS with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the SC0p8 of cDv8nBg8 for the COUNTY to vicarious liability but Ghg|| @|l0vv coverage for the COUNTY to the full extent provided by the policy. Such additional insured coverage Gh3|| be at least as broad as Additional Insured (Form B) endorsement form |S[), CG 2010.11 85. 3. Waiver of Subrogation Rights — C(]N7-RACT[}R shall require the carriers of the above required coverages to vv8iwB all rights Of subrogation against the COUNTY. its officers, 8Dlp|Oye8S. agents, v0|uDtR8[S' contractors, and subcontractors. All g0n8ng| Or 8Uk} liability insurance coverage provided shall not prohibit the CONTRACTOR and C[>N7-RACTC)R'e employees or agents from waiving the right of subrogation prior to 8 loss or claim. The CONTRACTOR hereby waives all rights of subrogation against the COUNTY. 4. — A(( policies required above are to be primary and non- contributory with any insurance or self-insurance pn]gn8rDS carried or administered by the COUNTY. 5. Severability of Interests —The CONTRACTOR agrees tDensure that coverage provided bJmeet these »BqUire08DtS is applicable separately to each insured and there will be DO Cr08S liability exclusions that preclude coverage for suits between the CONTRACTOR and the COUNTYor between the COUNTY and any other insured O[additional insured under the policy. 8. Proof of Coverage — CONTRACTOR shall furnish Certificates of |D5U[@DCe to the Sheriff's Department to the address referenced in Paragraph |V. orthird-party contractor working on behalf Of the COUNTY, evidencing the insurance coverage, including endorsements, as reqUired, prior to the commencement ofperformance of services hereunder, which certificates shall provide that such insurance Sh8U not be terminated Or expire without thirty (30) days written notice tOthe Department, and CONTRACTOR gh8|| maintain such insurance from the time CONTRACTOR COnnrneOceS performance of services hereunder until the cOrOp|eUoO of such services. Within fifteen (15) days Of the Conl[DeOCenneni of the contract, the CONTRACTOR shall furnish 8 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 byRisk Management, insurance shall be written by iOSurGnS authorized to do buS|DeSS in the State of California and with a minimum "Besd" Insurance Guide rating of^A-V||" 8. — Any and all deductibles or self-insured retentions in excess Of$10.UOOshall bedeclared tDand approved byRisk Management. Revised 03/22/2012 Page 4of0 . . ^ 9. Failure to Procure Coverage — In the event that any policy 0finsurance required under this cODtr8C1 dOH8 not CUrnpk/ with the r8qUimerneOts, is not pnOCUred. Or is canceled and not replaced, the COUNTY has the right but not the obligation Orduty LO 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. The CONTRACTOR shall carry General Liability Insurance covering all operations performed by Or OD behalf Of the CONTRACTOR providing coverage for bodily injury and property damage with 8 combined single limit Of not less than five nni}|iOD d0||a[S ($5'000,000). per occurrence. The policy coverage shall include: (@) Premises operations and mobile equipment. (b) Products and completed Oper8UOD8 /C\ Broad form property damage (including completed operations). (d) Explosion, CO||@pSe and underground hazards. (e) Personal injury. (1) Contractual liability. 11. Automobile Liability Insurance — Primary insurance coverage Sh8U be written On |G[> Business Auto coverage fOm0 for all 8vvO8d. hired and DOD-DvvDed automobiles Or SyrnbD| 1 (any auto). The policy shall have 8combined single limit Vfnot less than one million dollars /$1.8OO.000lfor 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 |inniL of one mOi|\iVD dO||@[s ($1,000.000)for bodily injury and property damage per occurrence. If the CONTRACTOR OvxDS no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. 12. Umbrella Liability Insurance — An umbrella (Ove[ primary) or excess pO|\Cy may be used to CQnop|y with limits Or other primary coverage requirements. When used, the umbrella policy shall apply to bodily \rUUry/pFOpedv d8[O80S, pen3OO8| injury/advertising injury and shall include a ''d[npdowO" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. 11 Insurance Review — |O6ur8OCe requirements are subject to periodic review by the COUNTY. The Direction of Risk Management or designee is authVrized, but not [eqUired, to redUCe, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is UnnRGsVO3b|y priced, Or is not needed to protect the interests of the COUNTY. In addidOD, if the Department of Risk Management determines that heretofore unreasonably priced Or unavailable types Of insurance coverage or coverage limits become ne8SoO@b|y priced Or 8v3i|Bb|e. the [}iR3CfQ[ 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, inU@UOO. or any Other item reasonably related to the C[)i]NTY`s risk. Any change requiring additional types Of insurance coverage Or higher coverage limits [DUsi be made by a[DeDdrD8Ot to this Contract. CONTRACTOR agrees to execute any such amendment within thirty /3O\ days Ofreceipt. Revised 03/22/2012 Page 5ofS 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. 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 e pf cori^ation,company,contractor,etc.) By ick6ii2eGo 6s, C �rd-6f up VIS k-1 (Authorized signature-sign in blue ink) Dated: ,fil"'11h; 'kl� Name Pete Aguilar (Print or type name of person signing contract) SIGNED AN T A COPY OF THIS DOCUMI�E -B W{ LI ED TO THE Title Mayor CHAIRM 4 ► BbARO (Print or Type) L Aio Dated: October 16, 2012 Q`ie,fk of tk�,,Boa` f Supervisors tile Co6nty Of-,-On Bemardino 35 Cajon Street By M7 Address P.O. Box 3005 ly- Redlands, CA 92373-1505 k Approved s L ci Reviewed by Contract Compliance Presill t 0 f r Signature County Counsel,by Stoven Si y.Depu Departmen He 4� DateDate Date !I tv Revised 03/22/2012 Page 6 of 6 SCHEDULE A USE OF FORCE INSTRUCTIONAL UPDATE COURSE SIXTEEN (16) HOUR COURSE COURSE OUTLINE 1 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