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HomeMy WebLinkAboutContracts & Agreements_193-2005_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION November 1, 2005 FROM: GARY PENROD, Sheriff-Coroner Sheriff's Department SUBJECT: CONTRACT WITH THE CITY OF REDLANDS POLICE DEPARTMENT FOR THE SHERIFF'S DEPARTMENT TO PROVIDE USE OF FORCE TRAINING RECOMMENDATION: Approve Agreement No. 05-1062 with the City of Redlands Police Department for the Sheriff's Department to provide Use of Force Instructional Update Courses at the lesser rate of $200 per student or $1,000 per team, per 16-hour course, and to provide Trimester Use of Force Training, at $60 per student, per trimester, for the contract term of July 1, 2005 through June 30, 2008. BACKGROUND INFORMATION: The Sheriff's Department (Sheriff), 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 Trimester Use of Force Training. The current course fees for the 16-hour instructional update of $200 per student or $1,000 per team, and for Trimester Use of Force Training of $60 per student, per trimester, are based upon the cost of maintaining and operating the firing range such as replacing targets; replacing target frames and backing; ammunition; and providing a range safety officer. 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 Police Department requested a contract for the Sheriff to provide Use of Force training to school police officers. The proposed contract would be in effect for three (3) years and provides for termination upon 30 days advance written notice. REVIEW BY OTHERS: This item has been reviewed and approved as to form by County Counsel (Kevin L. Norris, Deputy County Counsel, 387-5441) on July 21, 2005; and has been reviewed by the County Administrative Office (Laurie Rozko, Administrative Analyst, 387-8997) on October 18, 2005. FINANCIAL IMPACT: There is no local cost impact related to this item. The estimated annual revenue generated by this contract is $13,320; actual revenue varies based upon the number of personnel that attend the training. Revenue received fully offsets the cost of providing the service and was included in the Sheriffs Contract Training Fund Budget (SCB-SHR) for 2005-06. Prior to year-end, a transfer to the general fund (AAA-SHR) offsets any related salaries and benefits cost for Sheriff's staff. SUPERVISORIAL DISTRICT(S): Third PRESENTER: Dennis J. Casey, Captain, 387-3637 MINI 1-01 rUOFRedland$05 CC: Sheriff—Casey w/agree Record of Action of the Board of Supervisors Contractor c/o Sheriff w/agree Agreement No.05-1062 IDS w/agree t Auditor—Valdez w/agree APPROV CALENDAR) Risk Management t} ORS Sheriff—Penrod INO County Counsel —Norris MOTION A DMOVE SECOND CAO—Rozko i 4 5 DENA SMIT INT E ARD File w/Agreement BY , mb DATED: Novef�, �1k0/NO GO_� ITEM 029 FOR COUNTY USE ONLY UHIGINAI X New Vender Codeept. Contract Number ,_OUNI 5GE Change SC SHR Cancel 0S County Department Dept. Orgn. Contractor's License No. SHERIFF SHR SHR County of San Bernardino County Department Contract Representative Telephone Total Contract Amount — DENNIS J. CASEY (9U9 387-0640 FAS F.X7 Contract Type Revenue 0 Encumbered 0 unencumbered El Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason:_ Commodity Code IC—ontract Start Date-ContractEnd Date Original Amount AmendmentAmountAmount 1 07-01-05 06-30-08 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 lraining Contract Type 2(e) 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 Te'—lephone Federal ID No.or Social—Security No ,(909) 798-7661 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.) 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. B. COUNTY shall provide Trimester Use of Force training to CONTRACTOR's peace officers in accordance with the San Bernardino County Sheriffs Department Use of Force Training and Z-n Qualifications Program. Said training shall be conducted in accordance with guidelines Page I of 6 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 Sheriffs 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$60, 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. Page 2 of 6 III. TERM AND TERMINATION. The term of this contract shall be for a period of three years commencing on July 1, 2005. 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 Sheriffs Department Bureau of Administration, Contracts Unit 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. VI. INSURANCE. 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: A. Workers' Compensation. 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 Page 3 of 6 persons providing services on behalf of the CONTRACTOR and all risks to such persons under this agreement. 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 and 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 agreement, the CONTRACTOR shall furnish certified copies of the polices 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, Page 4 of 6 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 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 (3)0) days of receipt. H. 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, this contract supersedes all prior oral and written agreements or understanding 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 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. RI CON(,'01,'&I,'pdateRedIiiidsPI)05-08,doe Page 5 of 6 [This page is intentionally left blank.] GOUNTY ZSARNARDI City of Redlands (Print or type name of corpo company,contractor,etc.) ► By Bill Postmus, Chairmpof Supervisors (Authorized signatu - gn in blue ink) Dated: Name Susan Peppler, Mayor (Print or type na f person signing contract) SIGNED AN OF THIS DOCUMEN E�$ R HE Attes ~ CHAIRMA F Lorri Poyzer (P nt rT pe) City Clerk ar ervisors Dated: October 005 of ardino. Redlands Police Department By Address P.O. Box 3005 X005 Redlands, CA 373-1505 Approved as to Legal F rm Reviewed by Contract Compliance Presen d BO f ig ture ounty Counsel,by Kevin L.Norris,Deputy Department Head Date �,j' Date Date �oLZd� AuditodController-Recorder Use Ont Page 6 of 6 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 Page 1 of 2