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HomeMy WebLinkAboutContracts & Agreements_90-2014_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION July 8, 2014 FROM: JOHN McMAHON, Sheriff/Coroner/Public Administrator Sheriff/Coroner/Public Administrator SUBJECT: REVENUE CONTRACTS WITH VARIOUS AGENCIES TO PROVIDE USE OF FORCE TRAINING RECOMMENDATION(S) Approve revenue agreements with the following 12 agencies to provide Use of Force Instructional Update Courses (at the rate of$1,C00 per team, per 16-hour course) and Trimester Use of Force Training (at $110 per student, per trimester) for a three-year term July 8, 2014 through June 30, 2017. a. Apple Valley Unified School District; 14-651 b. City of Banning; 14-652 c. City of Beaumont; 14-653 d. California State University San Bernardino; 14-654 e. Chaffey Community College District; 14-655 f. Hesperia Unified School District; 14-656 g. City of Redlands Fire Department; 14-657 h. City of Redlands Police Department; 14-658 i. San Bernardino City Unified School District;14.659 j. San Bernardino Community College District; 14-660 k. Snowline Joint Unified School District; 14-661 I. Victor Valley Community College District, 14-662 (Presenter: Steve Higgins, Captain, 387-0640) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Maintain Public Safety. FINANCIAL IMPACT This item will not result in the need for additional Discretionary General Funding (Net County Cost), The annual revenue generated from these agreements for 2014-15, in the estimated amount of $60,390, includes full recovery of both the direct and indirect costs of providing this service and was included in the 2014-15 Sheriff's Contract Training General Fund budget unit. Fees charged will be reviewed on an annual basis and amendments will be brought if necessary to recover the full cost of providing services. Page 1 of 2 cc: Sheriff- Higgins w/Agree;McMahon Record of.k0(rcri oft tW5oard of Supervisors Contractor(s)c/o Sheriff w/Agree '. 5!jPP,, ATC-Acct. Pay. Mgr, w/Agree(s) APP , 6tpo:fcrO.NS; 4CALENDAR) EBIX-BPO c/o Risk Mgmt. CO�iI� QF'8_;4 &� ARDINO CAO-Erickson ' �_ ' File-wlAgree(s) f o ,.� of;U e'[WS1 S � Hi��r';e,}. ��a SS 71211'14 MOTION t<'+�4 j� �l�EJOND MOVE AYE LAURA H. W `C C FTtiO RD >= BY ITEM 52 "t '~� .IC, FOR COUNTY USE ONLY New FAS Vendor Code Dept. Contract Number +riBBE ou+ ChangeSC SHR B � Cancel ePro Vendor Number ePro Contract Number County Department Dept. Orgn. Contractor's License No. SHERIFF/CORONER/PA County Department Contract Representative Telephone Total Contract Amount County of San Bernardino STEVE HIGGINS (909)387-0640 FAS Contract Type Revenue 171 Encumbered 171 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 07/08/14 06/30/17 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA SHR SCB 9800 Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Trimester Use of Force FY Amount I/D FY Amount I/D Training& Instructional Update Course 2014-17 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 Police Department 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 agree as follows: A. SCOPE OF SERVICES A.1 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 On! 0 Contract Database b FAS Input Date Keyed 13y Page 1 of 6 A.2 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. A.3 COUNTY shall provide a Safety Officer who shall coordinate with CONTRACTOR to ensure the proper use of the COUNTY's facilities. A.4 The Sheriff's Department Safety Officer shall be in complete charge and control of all activities during all training sessions. A.4.1 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. A.4.2 Violations of rules and regulations may result in immediate termination of participants' rights to further training under this contract. B. TERM AND TERMINATION The term of this contract shall be for a period commencing upon its execution by the San Bernardino County Board of Supervisors and ending on June 30, 2017. Notwithstanding the foregoing, this contract may be terminated at any time with or without cause by CONTRACTOR or by SHERIFF upon written notice given to the other party at least thirty (30) days prior to the date specified for such termination. Any such termination date shall coincide with the end of a calendar month. In the event of such 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. Neither party shall incur any liability to the other by reason of termination. C. FISCAL PROVISIONS CA CONTRACTOR shall compensate the COUNTY $1,000 for the Use of Force Instructional Update Course for the CONTRACTOR's current law enforcement personnel team. C.2 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.3 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. CA CONTRACTOR shall compensate the COUNTY at the rate of $110, 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. C.5 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. C.6 It shall be the sole responsibility of the CONTRACTOR to ensure that all students arrive for all training sessions. Revised 1/8/13 Page 2 of 6 D. INDEMNIFICATION AND INSURANCE REQUIREMENTS D.1 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. D.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 2010.11 85. D.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. DA 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. D.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. D.6 Proof of Coverage CONTRACTOR shall furnish Certificates of Insurance to the Sheriff's Department to the address referenced in Paragraph F. 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. D.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- VI I". Revised 118113 Page 3 of 6 D.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. D.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. D.10 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. 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. D.11 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. 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. 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: D.11.1 Workers' Compensation 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. D.11.2 Commercial/General Liability Insurance - The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing Revised 1/8/13 Page 4 of 6 coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), 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. g. $2,000,000 general aggregate limit. D.11.3 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 two million dollars ($2,000,000)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. D.11.4 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. D.12 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. E. RIGHT TO MONITOR AND AUDIT E.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County. E.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later. F. NOTICES All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows: Revised 1/8/13 Page 5 of 6 San Bernardino County Sheriff's Department City of Redlands Bureau of Administration Redlands Police Department P.O. Box 569 P.O. Box 3005 San Bernardino, CA 92402-0569 Redlands, CA 92373-1505 Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph. G. 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. H. ENTIRE AGREEMENT This Contract, consisting of six (6) pages and Schedule A, is attached hereto and incorporated by reference, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will. IN WITNESS WHEREOF, the County of San Bernardino and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf. COUNTY OF SAN BERNARDINO City of Redlands (Print or type name of corporation,company,contractor,etc.) ► WY►I.�JL I B ► Janice Ru erford, Chair, Board of Supe ors (Authorized signature-signin bi a ink) Dated: - `l Name ;/� VU S , (Print or type name of person signing contract) SIGNED AND C T A COPY OF THIS r� DOCUMENT EESE'bf ED TO THE Title t �/ CHAIRMA F BC1l 'ld, (Pri t or Type) o�` fA ° G /79 dDated: Itb and f Supervisors City f SaA Bernardino Clerk, ATTEST: �. ,�i� ,• N Redland ice Department By Address P.O. Box 3005 }y Redlands, CA 92373-1505 DINO Approved 4te I Form Reviewed by Contract Compliance Present to 80fS r ignature r Co Counsel,by Steve Sirngle eputy Departure. Hea Date r h I Date Date � A Revised 118113 Page 6 of 6 SCHEDULE A USE OF FORCE INSTRUCTIONAL UPDATE COURSE SIXTEEN (16) HOUR COURSE COURSE OUTLINE I CLASS SCHEDULE HOUR ACTIVITY DAY I: 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 II: 0800 - 1200 Defensive Tactics Control Holds Personal Weapons Active Counter Measures Weapon Retention Handcuffing 1200 - 1300 Lunch 1300 - 1700 ASP Training Revised 1/8/13 Page 1 of 1