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HomeMy WebLinkAbout11/15/2006 - STAFF REPORTS - 2.H. r2 c+ 1 City Council Staff Report DATE: November 15, 2006 CONSENT AGENDA SUBJECT: Renew Agreement With the State of California Department of Corrections To Use The Palm Springs Police Department's Firearms Range FROM: David Ready, City Manager BY: Palm Springs Police Department SUMMARY It is recommended that the City Council authorize the City Manager to renew the contract with the State of California Department of Corrections (Parole Officers) to use the Police Department's firearms range- RECOMMENDATION- 1. Adopt Minute Order No. , Approving a facilities use agreement with the State of California, Department of Corrections, to use the Palm Springs Police Department's Firearms Range, in the amount of$9,000 revenue to the City through June 30, 2009. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Periodically the contractual agreement between the City and the staff of California Department of Corrections for State use of the Palm Springs Police Firearms Range facility is renewed. The State's projected amount of the use of the range facility and fees paid to the City are also renegotiated. The proposed contract is for a term of one year, from signing date through June 30, 2009. Since December 1997 the California Sate Department of Corrections has had a contract with the City to use the Palm Springs Police Department's Firearms Range facility on a periodic basis of up to 48 hours maximum use per year, for a maximum total not to ITEM NO.-L.�Y__ City Council Staff Report November 15, 2006 -- Page 2 Use of Police Department Firearms Range exceed $3,000. The Department of Corrections now wishes to renew the contract. The Palm Springs Police Department supports the efforts of the California Department of Corrections to train their armed Parole Agents locally, in a state of the art facility, as a cost and time saving measure to the State. The Firearms Range facility is adequately equipped and staffed to meet the needs of the Department of Corrections. The Department of Corrections provides their own Range Master who conducts the shoots, and they also furnish their own supplies. FISCAL IMPACT: Finance Director Review: Income to the City of Palm Springs from this contract will be $9000. There is no cost to the City Budget. -e2LL Gary n n Police Chief David H. Ready, City Ma Attachments: Minute Order �0�R MINUTE ORDER NO. ADOPT MINUTE ORDER NO._, APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, TO USE THE PALM SPRINGS POLICE DEPARTMENT'S FIREARMS RANGE, IN THE AMOUNT OF $9,000 THROUGH JUNE 30, 2009. I, James Thompson, City Clerk of the City of Palm Springs hereby certify that this Minute Order, approving an agreement with the State of California Department of corrections to use the Police Department's firearms range through June 30, 2009 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15t" day of November, 2006. James Thompson, City Clerk MINUTE ORDER NO._ ADOPT MINUTE ORDER NO._, APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, TO USE THE PALM SPRINGS POLICE DEPARTMENT'S FIREARM RANGE, IN THE AMOUNT OF $9,000 THROUGH JUNE 30, 2009. I, James Thompson, City Clerk of the City of Palm Springs hereby certify that this Minute Order, approving an agreement with the State of California Department of corrections to use the Police Department's firearm range through June 30, 2009 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of November, 2006. James Thompson, City Clerk 000 s STATE OF CAL15ORNIA — DEPARTMENT OF CORRECTIONS AND REHABILITATION ARN04D SCHWARZENEGGER,GOVERNOR DIVIS/ON OF SUPPORT SERVICES OFFICE OF BUSINESS SERVICES 1515 S Street, Sacramento, CA 95814 P.O. Box 942883 a g Sacramento, CA 94283-0001 �f4re DFGAOt�' October 5, 2006 Palm Springs Police Department Chuck Menley, Range Master 200 S. Civic Drive Palm Springs, CA 92262 AGREEMENT NUMBER: P06.4010 SERVICE: FIRING RANGE FACILITIES AT THE INDIO/PALM SPRING FACILITIES Enclosed for your signature are the above-referenced Standard Agreements and related exhibits. This agreement is not valid unless, and until, approved by the Department of General Services, or under its authority, the California Department of Corrections and Rehabilitation (CDCR). The State has no legal obligation unless, and until, the Agreement is approved. The State assumes no responsibility for any work commenced by the Contractor and will not reimburse the Contractor for any work performed prior to approval of the Agreement. When this Agreement is fully approved, an original will be forwarded to you. Please allow up to two months for approval. Please have all items dated and signed with an original signature by an authorized representative and please complete the STD 204. Additionally, please forward the following requested document to the attention of the Office of Contract Services at the address indicated on this letterhead with your signed contracts: • Board Resolution Please provide a certified copy of the board resolution or minutes authorizing execution of this contract by the official signing the documents. All documentation must be returned to CDCR, Office of Business Services, at the address on this letterhead. Please use the address below for overnight or hand delivery: California Department of Corrections and Rehabilitation Office of Business Services Attention: Rosemary Peters, Contract Analyst 1515 S Street, Room 410S Sacramento, CA 95814 If you have any questions or need assistance, do not hesitate to contact me at (916) 323-9089. cerely,omary e e Contract Analyst J � California Department of Corrections and Rehabilitation Agreement Number- P06.4010 Palm Springs Police Department Exhibit A SCOPE OF SERVICES PALM SPRINGS POLICE DEPARTMENT FIRING RANGE FACILITIES Contract No. P06.4010 The Contractor agrees to provide firing range facilities to the California Department of Corrections and Rehabilitation (CDCR), Parole and Community Services Division (P&CSD), Region IV Parole Agents. The Palm Springs Police Department (PSPD) shall make the range facility available to the State at all times reserved by the State. The State shall make reservations for use of the Range no less than 60 days in advance- After each use of the Range facility, State personnel shall clean up the Range facility by gathering all State expended cartridge cases and disposing any trash items. Facilities shall be available at least one (1) weekday per month between the hours of 8:00 a.m. and 9:00 p.m. For the purposes of this contract, the use of this facility shall be for approximately four (4) hours per quarter plus a make up range of eight (8) hours per quarter for a total of forty-eight (48) hours per year. Specific dates and times for use of the facilities will be arranged between CDCR, P&CSD, Region IV, Training Coordinator and the Contractor. Contractor shall accommodate at least five (5) shooters per line on each day the facility is utilized. Contractor shall provide, for no additional charge, the use of an on-site classroom for CDCR personnel during the hours of range use by CDCR. Each officer/agent of CDCR who will use the PSPD Range facility will provide a signed original copy of the PSPD Range Waiver (Exhibit 1) to be maintained on file by PSPD. CDCR will provide their own Rangemaster/Firearms Instructor or Tactical Training Officer to run training/qualification shoots and teach/interpret the agency's tactics and use of force policies. Spent (empty) cartridges resulting from firearms qualifications with CDCR ammunition shall remain on the range for collection by PSPD. CDCR will provide all target materials and ammunition to be utilized or expended. No exposed lead bullets will be allowed for use at the PSPD indoor facility. Only jacketed hollow- point, total metal jacket or full metal jacketed bullets are authorized, except that twelve (12) gauge shotgun lead pellets or slugs may be used. PSPD will provide safety equipment such as hearing protection and safety glasses. CDC may provide own safety equipment if desired, provided it meets PSPD specifications and approval. Any damage incurred to the Range facility or equipment over and above what would be considered as normal wear and tear, or as a result of neglect and abuse-, will' be assessed against the agency for actua0 costs of repair or replacement. Fees assessed for these damages will be in addition to the previously identified facility use fees within thirty (30) days of damage. 1 L . JCS California Department of Corrections and Rehabilitation Agreement Number: P06.4010 Palm Springs Police Department Exhibit A PSPD-Range safety rules and regulations must be followed at all times by all personnel using PSPD Range facility. PSPD Rangemaster has final authority on the Range for reasonable interpretation of those rules and regulations, and reserves the right to order any individual who repeatedly fails or refuses to abide by those rules to leave the Range facility. Any further disputes or issues of this nature will be addressed between management of PSPD and the using agency with a goal of resolution for the mutual benefit of both PSPD and the agency. DEPARTMENT OF CORRECTIONS AND REHABILITATION CONTACT INFORMATION Should questions or problems arise during the term of this contract, the contractor should contact the following offices: Billing/Payment Issues: • •Sacramento Regional Accounting Office Phone Number: (916) 358-2042 FAX Number: (916) 358-2039 Scope of Work/Performance Issues: • Rosina Ortiz Phone Number: (909) 468-2300, ext 242 FAX Number: (909) 468-0181 General Contract Issues: • Office of Business Services Phone Number: (916) 322-7300 FAX Number: (916) 322-1098 F 0, , 1a7 2 Palm Springs Police Department Agreement Number P06.4010 California Department of Corrections And Rehabilitation CDCR Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS I. Invoicing and Pa ment a. For services satisfactorily rendered, and upon receipt and approval of contractor's invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with Exhibit B-1, which are attached hereto and made a part of this Agreement. b. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to: California Department of Corrections and Rehabilitation (CDCR) Parole and Community Services Division, Region IV Attention: Rosina Ortiz 21015 Pathfinder Road, Suite 200 Diamond Bar, CA 91765 2. Budget Contingency Clause a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement. b. If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, ,Government Code 927 et seq. Palm Springs Police Department Agreement Number P06.4010 CDCR BUDGET DETAIL AND PAYMENT PROVISIONS Exhibit B 4. City/County Rate Increase It is understood that the city/county may regulate some or all of the contractor's rates for services. In the event the city/county increases the rates that directly affect the services provided in this Agreement, the contractor may, once during the term of the Agreement, request from the State an increase in the rates stated in this Agreement. The contractor must submit a written request to the State with a copy of the resolution from the city/county listing the prior rates and new rates and effective date of the new rates. 5. Subcontractors For all Agreements, with the exception of Interagency Agreements and other governmental entities/auxiliaries that are exempt from bidding, nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor's responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor_ As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 6. Advance Payment Pursuant to Government Code Section 6504, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty- five percent (25%) of the annual project budget for each fiscal year (FY). In order to receive such payment, the Contractor is required to sign and return the "Acknowledgment of Advance Payment Provisions" before an advance payment warrant is issued. 'The State shall recover one-twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each FY. Invoices submitted for payment by the Contractor, in accordance with the budget proposal, will be reduced by the monthly installment amount. In the event that submitted invoices are less than the monthly installment, the remaining balance will be deducted from subsequent invoices_ In the event the Agreement is canceled by either party, the Contractor agrees to repay the balance of any outstanding payments due the State for advance payments within thirty (30) days after the Agreement is canceled. - 2 - Palm Springs Police Department Agreement Number P06.4010 State of California California Department of Corrections and Rehabilitation Exhibit B-1 DIVISION OF ADULT PAROLE OPERATIONS REGION IV BUDGET SUMMARY FIRING RANGE FACILITIES CDCR agrees to pay $50.00 per hour, regardless of how many personnel use the facility within the chargeable hour. CDCR agrees to pay $2„00 per officer per agency within a single training day to utilize the PSPD Firearms Range Weapons Cleaning area without cleaning supplies/material. Cleaning supplies will be provided by CDC. Fees for use of the Weapons Cleaning Area, include the gun cleaning solvent tank and compressed air lines. Fees charged to the agency for use of the Weapons Cleaning Area or PSPD provided weapons cleaning supplies will not be assessed to exceed $120.00 per single day of agency use for any combination of cleaning area or cleaning supply use. Any more than twenty (20) personnel per day, from the same agency, using these optional services will be assessed at a flat group rate of$120.00 per day. Fiscal Year 2006/2007 $3,000.00 Fiscal Year 2007/2008 $3,000,00 Fiscal Year 2008/2009 $3,000.00 Total Contract Amount = $9,000.00 Palm Springs Police Department Agreement Number P06.4010 California Department of Corrections and Rehabilitation (CDCR) Exhibit D SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS 1. Contract Disputes with Public Entities (Supersedes provision number 6, Disputes, of Exhibit C) As a condition precedent to Contractor's right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor's failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies. Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor's failure to diligently proceed shall constitute a material breach of the Agreement. The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient OF proper. A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California. 2. Confidentiali of Data All financial, statistical, personal, technical and other data and information relating to State's operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor's possession that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties. No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall 'be released, published, or made available to any person (except to the State) without prior written approval from the State. Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals. 3. Workers' Compensation Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this agreement, carry workers' compensation insurance, at Contractor's expense, or that it is self-insured through a policy acceptable to the CDCR, for all of its employees who will be engaged in the performance of this agreement. Such coverage will be a condition of CDCR's obligation to pay for services provided under this agreement. Prior to approval of this agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers' compensation coverage. Contractor agrees that the workers' compensation insurance shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires or is canceled at any time during the term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the agreement or for a period of not less than one year. The State reserves the right to verify the Contractor's evidence of coverage. In the event the Contractor fails to keep workers' compensation insurance coverage in effect at all times, the State reserves the right to terminate this agreement and seek any other remedies afforded by the laws of this State. Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor's workers' compensation claims and losses by Contractor's officers, agents and employees related to the performance of this agreement. 4. Liability for Loss and Damages Any damages by the Contractor to the State's facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement. 5. Computer Software Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 6. Accounting Principles The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit. (IX)lf.2 -2- Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D 7. Liability for Nonconforming Work The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor's deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects. 8. Subcontractor/Consultant Information Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement. Additionally, the Contractor shall notify the Department of Corrections and Rehabilitation, Office of Business Services, in writing, within ten (10) working days, of any changes to the subcontractor and/or consultant information. 9. Contract Violations The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC Sections 10420 through 10425. 10. Temporary Nonperformance If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor's inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price. 11. Extension of Term This Agreement may be amended to extend the term if it is determined to be in the best interest of the State. Upon signing the amendment, Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement. 12. Employment of Ex-Offenders Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement: a. Ex-Offenders on active parole or probation; b. Ex-Offenders at any time if they are required to register as a sex offender pursuant, to Penal Code Section 290 or if such ex-offender has an offense history involving a"violent felony" as defined in subparagraph (c) of Penal Code Section 667.5; or C. Any ex-felon in a position which provides direct supervision of parolees. 1 -3- Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D Ex-Offenders who can provide written evidence of having satisfactorily completed parole or probation may be considered for employment by the contractor subject to the following limitations: a. Contractor shall obtain the prior written approval to employ any such ex-offender from the Authorized Administrator; and b. Any ex-offender whose assigned duties are to involve administrative or policy decision- making; accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State of -California. 13. Electronic Waste Recycling The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance. 14. Taxes Unless required by law, the State of California is exempt from federal excise taxes. The State will only pay for any state or local sales or use tax on the services rendered or goods supplied to the State pursuant to this Agreement. 15. Conflict of Interest The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest. a. Contractors and Their Employees Consultant contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within thirty (30) days after the expiration of the Agreement. Other service contractors and/or certain of their employees may be required to file a Form 700 if so requested by the CDCR or whenever it appears that a conflict of interest may be at issue. Generally, service contractors (other than consultant contractors required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists: (1) The Agreement service has been identified by the CDCR as one where there is a greater likelihood that a conflict of interest may occur, (2) The Contractor and/or Contractor's employee(s), pursuant to the Agreement, ' makes or influences a governmental decision; or -4- Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D (3) The Contractor and/or Contractor's employee(s) serves in a staff capacity with the CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for the CDCR that would otherwise be performed by an individual holding a position specified in the CDCR's Conflict of Interest Code. b. Current State Employees (1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. (2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. (3) In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of. (a) Using an official position for private gain; (b) Giving preferential treatment to any particular person; (c) Losing independence or impartiality; (d) Making a decision outside of official channels; and (e) Affecting adversely the confidence of the public or local officials in the integrity of the program. (4) Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State. C. Former State Employees (1) For the two year (2-year) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency. (2) For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policy- making position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving state service. In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to inmates or parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either directly, or indirectly through an affiliated company, person or business unless specifically authorized in writing by the CDCR. In addition, the Contractor shall not (either directly, or indirectly through an affiliated company, person or business) engage in financial dealings with inmates or parolees, except to the extent that such financial dealings create no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by the CDCR. For the purposes of this paragraph, "affiliated company, person or business" means any company, business, corporation, nonprofit r,)n,'i-7 -5- Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders, either directly or indirectly. "Affiliated companies, persons or businesses" include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders- The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement. The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing of any material changes in the Contractor's business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor's business status or structure that could affect the performance of the Contractor's duties under the Agreement. If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void. Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem. 16. Disclosure Neither- the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known to State staff made by any inmate or parolee which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State. 17. Security C learn nce/Fingerprintin4 The State reserves the right to conduct fingerprinting and/or security clearance through the Department of Justice, Bureau of Criminal Identification and Information (BCII), prior to award and at any time during the term of the Agreement, in order to permit Contractor and/or Contractor's employees access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined. -6- Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D 18. Notification of Personnel Changes Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor's employee(s) upon their departure or termination. b�`1� "y -7- Palm Springs Police Department Agreement Number P06.4010 California Department of Corrections and Rehabilitation (CDCR) ADDITIONAL PROVISIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit E 1. Contractor Employee Misconduct During the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify the CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b) access to inmates/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure CDCR that inmates and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with inmates and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure CDCR, CDCR may require that any implicated Contractor staff be denied access to and the supervision of CDCR inmates and/or parolees at the facility and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility and staff, including review of subcontractor employee personnel records, as a condition of the Agreement. 2. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C) The parties hereto agree that either party may cancel this Agreement by giving the other party written notice thirty (30) days in advance of the effective date of such cancellation. In the event of such termination, the State agrees to pay Contractor for actual services rendered up to and including the date of termination. 3. Mutual Hold Harmless Contractor agrees, to the fullest extent permitted by law, to hold harmless, defend and indemnify the State from and against any liabilities, damages and costs (including reasonable attorneys fees and cost of defense) to the extent caused, during performance of services under this Agreement, by the negligent acts, errors and omissions of the Contractor or anyone for whom Contractor is legally responsible_ The State agrees, to the fullest extent permitted by law and subject to the availability of funds to hold harmless, defend and indemnify the Contractor, it officers, directors, principals and employees, from any liabilities, damages and costs (including reasonable attorneys fees and cost of defense) to the extent caused by the negligent acts, errors or omissions or the State, the State's contractors, consultants or anyone for whom the State is legally responsible. Palm Springs Police Department Agreement Number P06.4010 CDCR ADDITIONAL PROVISIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit E 4. Subcontracting Services provided are to be performed primarily with the staff of the public entity or, in the case of educational institutions, auxiliaries or foundations, by the faculty, staff or students associated with the particular institution. Agreements are not to be used by state agencies to circumvent the competitive bidding requirements of Public Contract Code Section 10340. If more that twenty-five (25) percent of the total contract amount or $50,000.00, whichever is less, is subcontracted, non-competitive bid approval must be obtained from the Agency Secretary of the Youth and Adult Correctional Agency and the Department of General Services prior to the commencement of services, unless the subcontract was competitively bid or the subcontractor(s) also qualifies as a state agency, governmental agency, or joint power. 5. Insurance Requirements Contractor hereby represents and warrants that the Contractor and subcontractors are currently and shall for the duration of this Agreement be insured and provide proof of self- insurance against: Commercial General Liability $1,000,000 per occurrence for bodily injury and property damage liability combined. - 2 - Idvbit 1 PALM SPRINGS POLICE DEPARTMENT FIREARMS RANGE LIABILITY WAIVER I, the undersigned, have requested permission to participate in firearms training on the Palm Springs Police Department Firearms Range. understand and acknowledge that such activity is not one ordinarily open and available to the general public. In consideration of special permission granted to me to participate in such activity, 1 hereby agree and acknowledge that I understand that certain risks are associated with the use of the Police Firearms Training Range. As a user of the Firearms Range, I am fully aware of some, if not all, of the inherent dangers or risks involved in the use of a firearms training facility. These dangers and risks may include, but are not limited to: 1 . Injury from gunshots, bullet fragments, backsplatter, ricochets or flying debris; 2. Injury from defective ammunition or weapons malfunction; 3. Exposure to airborne lead and smoke contaminants; a. Injury sustained from operator error in firing weapons or operating range equipment; 5. Hearing injury from loud noise (gunfire). While the City and the Police Department takes reasonable steps and precautions to safeguard persons using or visiting the Range, potential hazards and dangers do exist. Use of required safety equipment and strict obedience of all Range safety rules are absolutely required. agree that, as to any personal injuries from whatever cause resulting from my involvement in said activity, I shall carry my own insurance coverage to compensate me for any such injury or loss, and I hereby waive any rights to action or claims against the City of Palm Springs, its officers, agents, or employees for any and all injury or loss which I may suffer resulting from my participation in the use of the Range. 1 agree to release and hold harmless the City of Palm Springs and its officers, agents, and employees from any future liability, responsibility, claim, or right of action whatsoever arising from my participation in this program. I also acknowledge receiving a copy-of the PSPD FIREARMS RANGE SAFETY RULES, and agree to read and follow all rules as stated on that document. Dated this ___,_day of 200�. Signature Witness/Rangemoster Print Name - Legibly 5foo i� ���0 JAn a ' PALM SPRINGS POLICE DEPARTMENT Wabin 2 FIREARMS RANGE THE FIVE 13ASIC GUN SAFETY RULES Treat all guns as if they are loaded. Keep the gun pointed in the safest possible direction. ALWAYS keep your finger OFF the trigger until you are ready to shoot. Know your target and its surroundings. Store your gun and ammunition safely and securely when not in use. PSPD FIREARMS RANGE SAFETY RULES 1. When in and around the Firearms Range, and not engaged in the act of shooting from the firing line, weapons not in the holster or in gun carrying cases will be carried or displayed with the action open and unloaded, i.e., revolvers will have the cylinder open, empty chambers, and carried with at least two fingers protruding through the open frame. Pistols will have the slide locked to the rear, magazine removed, empty chamber, and carried with the muzzle pointed up. Both types of handguns will be checked and rechecked visually and physically by the shooter to ensure that an unloaded condition exists_ Absolutely no loaded weapons will be removed from the holster, handled, or carried outside of the holster behind thefiring line! 2. While on the firing line, weapons will be pointed downrange toward the target area at all times. 'There are only four acceptable positions for the weapon when on the firing line: 91) in the holster 92) in the firing position pointed at the target area 93) in the"Rest" position with the weapon held at a 45-degree angle, finger off the trigger and muzzle pointed downrange to the target area #4) in loading position with muzzle pointed downrange at all times, finger off trigger Additionally, when clearing malfunctions or adjusting sights, the muzzle of the weapon will remain pointed downrange, finger off of the trigger. No weapons will be held and pointed toward the ceiling or held pointed downwards at the shooter's side. 3. Proper eye and ear protection will be worn at all times during any periods of actual weapon firing, no exceptions. Donning eye and ear protection prior to any shots being fired is the responsibility of the shooter. Type of protection to be used is specified by Range personnel. . Electronic hearing protection provided by the Range will be turned "off' prior'to shooters removing the headset from their ears in order to conserve batteries. PSPA FIREARMS RANGE SAFETY RULES Page 2 d. NO ONE will advmce or step forward of the firing line, OFF OF THE BLACK RUBBER AIAT, without the express permission or direction of Range officer. 5_ Individual shooters will place all weapons, ammunition, safety gear, or equipment necessary to shoot with on or at their firing point. Individual equipment, etc., will not be stored on the firing line table during firing exercises. Once the firing line is"Hot," or loaded, shooters will not leave their individually assigned firing points unless directed to do so by the Range officer. Any open or unprotected ammunition containers must be placed on the shooting stall shelf, directly beneath the target control keypad. Any other ammunition stored on the floor or in the vicinity of the firing line must have the primers of same covered or protected to prevent unintentional ignition caused by ejected cartridge casings striking the exposed primers. 6. When the firing line is"Plot", shooters will not be allowed to bend over or stoop with a loaded weapon in their hand, i.e., picking up a magazine or extra ammunition off of the floor. Before stooping or bending, weapons should be in the holster or in a cleared condition with the action open and all ammunition removed from the weapon, including the chamber. The obvious exception would be when performing the sitting, kneeling, or prone shooting positions under controlled conditions_ 7. Holstered weapons should always have the safety strap or weapon retention features engaged to prevent the handgun from falling from the holster when bending, stooping, walking, or running. 8. Shooters will be held accountable for any damage they incur on the Firearms Range. Errant shots into the ceiling and walls most certainly cause damage. Shots hitting the target cars, target hangers, or overhead support structures do not only cause damage, but create a risk of injury due to bullet fragment back-splatter for anyone on the firing line. Shooters may be charged (fined) for any shots into the ceiling, walls, or metal structures- 9- No ammunition will be brought to the weapons cleaning bench. The Clearing Barrel will be utilized for any firearm loading or unloading, action check, or required release of the firing pin (dry fire) prior to disassembly on certain models such as Glock pistols. Prior to this procedure, all firearms will be checked and double checked to ensure an unloaded condition before"dry fire". 10. Other than when utilizing the Clearing Barrel, no weapons will be"dry fired" except when on the firing line with permission of the Range officer. 11. Wash bands thoroughly with soap and water after shooting and cleaning your firearm, prior to smoking, eating, or drinking to remove lead residue, gun oil, or solvent from the hands. SAFETY IS FIRST AND FOREMOST ABOVE AND BEYOND ANYTHING ELSE! Rangerules 7AH 12/00 Ups' a RESOLUTION N0. 20271 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING CITY MANAGER AND OTHER CITY OFFICIALS TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY. WHEREAS Section 40602 of the Government Code, State of California, authorizes the City Council by ordinance to designate officials other than the Mayor to sign City documents; and WHEREAS Section 2,08.020 of the Palm Springs Municipal Code authorizes the City Manager or other named subordinate officers to sign documents when such authorization is granted by Resolution, Motion, or Minute Order, of the City Council; and WHEREAS the City Council adopted Resolutions in the past authorizing the City Manager and other City officials to execute documents on behalf of the City; and WHEREAS Resolution No. 14756 adopted October 19, 1983 superseded other authorizing resolutions and has become outdated due to organizational and other changes in the City of Palm Springs; and WHEREAS the City Manager has recommended that Resolution No. 14756 be rescinded and a new Resolution be adopted giving certain officers authority to execute specific documents. ' NOW THEREFORE BE IT RESOLVED BY THE City Council of the City of Palm Springs, that: Section 1. The following named City officers be and are hereby authorized to sign on behalf of the City, unless otherwise specified by ordinance, the documents herein specified: A. Documents requiring Council approval prior to signing and not of the type covered under Section 1. B. of this Resolution: Type of Document Authorized Signatures (1) Ordinance Mayor (2) Resolution City Manager (3) Contract-Agreements City Manager (4) Grant Deed Mayor& City Clerk (5) Escrow Instructions City Manager (6) Agreement-Concessions City Manager (7) Lease Agreements City Manager (8) Change Orders over$25,000 City Manager B. Documents, including agreements, amendments to agreements and change orders, not requiring specific Council approval prior to signing, ' but where expenditure of funds is involved, such authorization is limited to items included in City Council adopted budget. 0 3 l� Resolution 20271 Page 2 TVpe of Document Authorized Signatures (1) Documents for public works/ , improvement (construction) Contract Administrator Up to $5,000* Director of Public Works or' Director of Aviation $5,000 to $25,000 City Manager (2) Documents for supplies and equipment Up to $25,000" Director of Procurement & Contracting (3) Documents for professional services (i.e. engineering, architect, auditing, consultant, legal, etc.), Up to $5,000" Department Head $5,000 to$25,000 City Manager (4) Documents for non-professional services Up to $25,000• Director of Procurement & Contracting (5) Documents for use of Leisure Services or other community Director of Parks, ' Services facilities Recreation & Facilities (8) Documents for recreation or Leisure Services personal contract services Up to $5,000" Director of Parks, Recreation & Facilities (7) Documerdls for Airport T-Hangers and month-to-month agreements approved by the Airport Commission" Director of Aviation (8) Documents for banking services Director of Finance & Treasurer (9) Applications for Federal and/or City Manager/ State Grants Assistant City Manager (10) Federal Aviation Grants Director of Aviation (11) Requests for reimbursements and/or advances on Federal Director of.Finance & and/or State funds I Treasurer " City Manager will receive monthly reports and periodically conduct unannounced audits of the items to ensure proper administration. l qaa Resolution 2027t Page 3 C. With regard to the documents listed in Section 1 of subsection B, the City Manager or other authorized signatory may delegate the signing ' authority contained in the Resolution to the Acting City Manager or to the Acting Department Head as the case may be, whenever the principal signatory listed is or is to be absent from regular duty in excess of two (2) days, by reason of vacation, leave of absence, physical Inability, or for whatever other reason, or absent for leas than two (2) days when time constraints are of the essence and immediate action is required in the best interests of the City- D. Documents dealing with specific Civil Defense surplus property, matching fund applications and request of reimbursement are covered by separate resolutions of the City Council. E. Federal excise tax exemption certificates are authorized to be executed by the Finance Director or the Purchasing Officer or their designated agents. Section 2. All documents referred to in Section 1 shall be attested by the City Clerk. Section 3. Agreements for rental of City facilities for short-term periods, not to exceed one (1) year, and with amounts involving rentals of less than $2,500 annually, may be authorized by the City Manager or his designee. Section 4. Resolution 14756 is hereby rescinded. ADOPTED this 6rh day of F,±hroary 2002. AYES: Members Mi11s, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: L CITY OF PALM SPRINGS, CALIFORNIA QB �— City Clerk City Manag�y,-- REVIEWED &APPROVED AS TO FORM rtj(7r�- (qR iSTATE OF CALIFORNIA STANDARD AGREEMENT STO 213(Rev 09101) AGREEMENT NUMBER P06.4010 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Corrections and Rehabilitation CONTRACTOR'S NAME PALM SPRINGS POLICE DEPARTMENT 2. The term of this Agreement is: Upon Approval through June 30,2009 3. The maximum amount $9,000.00 Of this Agreement is: Nine Thousand Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A—Scope of Work for Firing Range Facilities at the Indio/Palm Springs Facilities 2 pages Exhibit B—Budget Detail and Payment Provisions 2 pages Exhibit B-1 — Rate Sheet 1 page Exhibit C"—General Terms and Conditions GTC306 Exhibit D—Special Terms and Conditions (Attached hereto as part of this agreement) T pages Exhibit E—Additional Provisions 2 pages Exhibit 1 —Firearms Range Liability Waiver 1 page Exhibit 2—Firearms Range Safety Rules 2 pages Items shown with an Asterisk(), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+language IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General services Use Only CONTRACTOR'S NAME(if other than an individual,state whether corporation,partnership,ctc) Palm Springs Police Department BY(Authorized Signature) DATE SIGNED(Oo ,or type) .PS PRINTED NAME AND TITLE OF PERSON SIGNING DAVID H. READY, City Manager ADDRESS 200 S. Civic Drive Palm Springs,CA 92262 STATE OF CALIFORNIA AGENCY NAME California Department of Corrections and Rehabilitation BY(Authorized Signature) DATE SIGNED(Do not rypc) PRINTED NAME AND TITLE OF PERSON SIGNING ❑ Exempt per: Karen V. Smith, Chief, Service Contracts Section ADDRESS 1515 S. Street,Room 410 S. Sacramento, CA 95814 L� `?s California Department of Corrections and Rehabilitation Agreement Number. P06.4010 Palm Springs Police Department Exhibit A SCOPE OF SERVICES PALM SPRINGS POLICE DEPARTMENT FIRING RANGE FACILITIES Contract No. P06.4010 The Contractor agrees to provide firing range facilities to the California Department of Corrections and Rehabilitation (CDCR), Parole and Community Services Division (P&CSD), Region IV Parole Agents. The Palm Springs Police Department (PSPD) shall make the range facility available to the State at all times reserved by the State. The State shall make reservations for use of _.. the Range no less than 60 days in advance_ After each use of the Range facility, State personnel shall clean up the Range facility by gathering all State expended cartridge cases and disposing any trash items. Facilities shall be available at least one (1) weekday per month between the hours of 8:00 a.m. and 9:00 p.m. For the purposes of this contract, the use of this facility shall be for approximately four (4) hours per quarter plus a make up range of eight (8) hours per quarter for a total of forty-eight (48) hours per year. Specific dates and times for use of the facilities will be arranged between CDCR, P&CSD, Region IV, Training Coordinator and the Contractor. Contractor shall accommodate at least five (5) shooters per line on each day the facility is utilized. Contractor shall provide, for no additional charge, the use of an on-site classroom for CDCR personnel during the hours of range use by CDCR. Each officer/agent of CDCR who will use the PSPD Range facility will provide a signed original copy of the PSPD Range Waiver (Exhibit 1) to be maintained on file by PSPD. CDCR will provide their own Rangemaster/Firearms Instructor or Tactical Training Officer to run training/qualification shoots and teach/interpret the agency's tactics and use of force policies. Spent (empty) cartridges resulting from firearms qualifications with CDCR ammunition shall remain on the range for collection by PSPD. CDCR will provide all target materials and ammunition to be utilized or expended. No exposed lead bullets will be allowed for use at the PSPD indoor facility. Only jacketed hollow- point, total metal jacket or full metal jacketed bullets are authorized, except that twelve (12) gauge shotgun lead pellets or slugs may be used. PSPD will provide safety equipment such as hearing protection and safety glasses. CDC may provide own safety equipment if desired, provided it meets PSPD specifications and approval. Any damage incurred to the Range facility or equipment over and above what would be considered as normal wear and tear, or as a result of neglect'and abuse, will be assessed against the agency for actual costs of repair or replacement. Fees assessed for these damages will be in addition to the previously identified facility use fees within thirty (30) days of damage. 1 California Department of Corrections and Rehabilitation Agreement Number: P06.4010 Palm Springs Police Department Exhibit A PSPD_Range safety rules and regulations must be followed at all times by all personnel using PSPD Range facility. PSPD Rangemaster has final authority on the Range for reasonable interpretation of those rules and regulations, and reserves the right to order any individual who repeatedly fails or refuses to abide by those rules to leave the Range facility. Any further disputes or issues of this nature will be addressed between management of PSPD and the using agency with a goal of resolution for the mutual benefit of both PSPD and the agency. DEPARTMENT OF CORRECTIONS AND REHABILITATION CONTACT INFORMATION Should questions or problems arise during the term of this contract, the contractor should contact the following offices: Billing/Payment Issues: • -Sacramento Regional Accounting Office Phone Number: (916) 358 2042 FAX Number: (916) 358-2039 Scope of Work/Performance Issues: • Rosina Ortiz Phone Number: (909) 468-2300, ext 242 FAX Number: (909) 468-0181 General Contract Issues: • Office of Business Services Phone Number: (916) 322-7300 FAX Number: (916) 322-1098 2 Palm Springs Police Department Agreement Number P06.4010 California Department of Corrections And Rehabilitation CDCR Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS I. Invoicing and Payment a. For services satisfactorily rendered, and upon receipt and approval of contractor's invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with Exhibit B-1, which are attached hereto and made a part of this Agreement- b. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to.- California Department of Corrections and Rehabilitation (CDCR) Parole and Community Services Division, Region IV Attention: Rosina Ortiz 21015 Pathfinder Road, Suite 200 Diamond Bar, CA 91765 2. Budget Contingency Clause a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement- b. If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq. Palm Springs Police Department Agreement Number P06.4010 CDCR BUDGET DETAIL AND PAYMENT PROVISIONS Exhibit B 4. City/County Rate increase It is understood that the city/county may regulate some or all of the contractor's rates for services. In the event the city/county increases the rates that directly affect the services provided in this Agreement, the contractor may, once during the term of the Agreement, request from the State an increase in the rates stated in this Agreement. The contractor must submit a written request to the State with a copy of the resolution from the city/county listing the prior rates and new rates and effective date of the new rates_ 5. Subcontractors For all Agreements, with the exception of Interagency Agreements and other governmental entities/auxiliaries that are exempt from bidding, nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor's responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 6. Advance Payment Pursuant to Government Code Section 6504, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty- five percent (25%) of the annual project budget for each fiscal year (FY). In order to receive such payment, the Contractor is required to sign and return the "Acknowledgment of Advance Payment Provisions" before an advance payment warrant is issued. -The State shall recover one-twelfth (1112) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each FY. Invoices submitted for payment by the Contractor, in accordance with the budget proposal, will be reduced by the monthly installment amount. In the event that submitted invoices are less than the monthly installment, the remaining balance will be deducted from subsequent invoices. In the event the Agreement is canceled by either party, the Contractor agrees to repay the balance of any outstanding payments due the State for advance payments within thirty (30) days after the Agreement is canceled. rt?�71 - 2 - Palm Springs Police Department Agreement Number P06A010 State of California California Department of Corrections and Rehabilitation Exhibit B-1 DIVISION OF ADULT PAROLE OPERATIONS REGION IV BUDGET SUMMARY FIRING RANGE FACILITIES CDCR agrees to pay $50.00 per hour, regardless of how many personnel use the facility within the chargeable hour. CDCR agrees to pay $2.00 per officer per agency within a single training day to utilize the PSPD Firearms Range Weapons Cleaning area without cleaning supplies/material. Cleaning supplies will be provided by CDC. Fees for use of the Weapons Cleaning Area, include the gun cleaning solvent tank and compressed air lines. Fees charged to the agency for use of the Weapons Cleaning Area or PSP❑ provided weapons cleaning supplies will not be assessed to exceed $120.00 per single day of agency use for any combination of cleaning area or cleaning supply use. Any more than twenty (20) personnel per day, from the same agency, using these optional services will be assessed at a flat group rate of $120.00 per day. Fiscal Year 2006/2007 $3,000.00 Fiscal Year 2007/2008 $3,000.00 Fiscal Year 2008/2009 $3,000,00 Total Contract Amount = $9,000.00 Palm Springs Police Department Agreement Number P06.4010 California Department of Corrections and Rehabilitation (CDCR) Exhibit D SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS 1. Contract Disputes with Public Entities (Supersedes provision number 6, Disputes, of Exhibit C) As a condition precedent to Contractor's right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor's failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies. Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor's failure to diligently proceed shall constitute a material breach of the Agreement. The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper. A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California. 2. Confidentiality of Data All financial, statistical, personal, technical and other data and information relating to State's operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor's possession that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties. No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) without prior written approval from the State. Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals. 3. Workers' Compensation Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this agreement, carry workers' compensation insurance, at Contractor's expense, or that it is self-insured through a policy acceptable to the CDCR, for all of its employees who will be engaged in the performance of this agreement. Such coverage will be a condition of CDCR's obligation to pay for services provided under this agreement. Prior to approval of this agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers' compensation coverage. Contractor agrees that the workers' compensation insurance shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires or is canceled at any time during the term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the agreement or for a period of not less than one year. The State reserves the right to verify the Contractor's evidence of coverage. In the event the Contractor fails to keep workers' compensation insurance coverage in effect at all times, the State reserves the right to terminate this agreement and seek any other remedies afforded by the laws of this State. Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor's workers' compensation claims and losses by Contractor's officers, agents and employees related to the performance of this agreement. 4. Liability for Loss and Damages Any damages by the Contractor to the State's facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement. 5. Computer Software Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 6. Accounting Principles The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is Oct allowed; a contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit. -2- Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D 7. Liability for Nonconforming Work The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor's deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects. 8. Subcontractor/Consultant Information Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement. Additionally, the Contractor shall notify the Department of Corrections and Rehabilitation, Office of Business Services, in writing, within ten (10)working days, of any changes to the subcontractor and/or consultant information. 9. Contract Violations The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC Sections 10420 through 10425. 10. TernporarV Nonperformance If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor's inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price. 11. Extension of Term This Agreement may be amended to extend the term if it is determined to be in the best interest of the State. Upon signing the amendment, Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement. 12. Employment of Ex-Offenders Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement: a. Ex-Offenders on active parole or probation; b. Ex-Offenders at any time if they are required to register as a sex offender pursuant to -Penal Code Section 290 or if such ex-offender has an offense history involving a "violent felony" as defined in subparagraph (c) of Penal Code Section 667.$; or C. Any ex-felon in a position which provides direct supervision of parolees. 0 Ll -3- Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D Ex-Offenders who can provide written evidence of having satisfactorily completed parole or probation may be considered for employment by the contractor subject to the following limitations: a- Contractor shall obtain the prior written approval to employ any such ex-offender from the Authorized Administrator; and b. Any ex-offender whose assigned duties are to involve administrative or policy decision- making; accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State of -California- 13. Electronic Waste Recycling The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance. 14. Taxes Unless required by law, the State of California is exempt from federal excise taxes. The State will only pay for any state or local sales or use tax on the services rendered or goods supplied to the State pursuant to this Agreement- 15. Conflict of Interest The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq- regarding conflicts of interest. a. Contractors and Their Employees Consultant contractors shall file a Statement of Economic Interests, Fair Political 'Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within thirty (30) days after the expiration of the Agreement- Other service contractors and/or certain of their employees may be required to file a Form 700 if so requested by the CDCR or whenever it appears that a conflict of interest may be at issue. Generally, service contractors (other than consultant contractors required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists: (1) The Agreement service has been identified by the CDCR as one where there is a greater likelihood that a conflict of interest may occur; (2) The Contractor and/or Contractor's employee(s), pursuant to the Agreement, makes or influences a governmental decision; or i -4- Palm Springs Police Department Agreement Number P06-4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D (3) The Contractor and/or Contractor's employee(s) serves in a staff capacity with the CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for the CDCR that would otherwise be performed by an individual holding a position specified in the CDCR's Conflict of Interest Code- b, Current State Employees (1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment- (2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. (3) In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of: (a) Using an official position for private gain; (b) Giving preferential treatment to any particular person; (c) Losing independence or impartiality; (d) Making a decision outside of official channels; and (e) Affecting adversely the confidence of the public or local officials in the integrity of the program. (4) Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State. C. Former State Employees (1) For the two year (2-year) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency. (2) For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policy- making position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving state service. In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to inmates or parolees. The Contractor shall not itself employ or offer to employ inmates.or parolees either directly, or indirectly through an affiliated company, person or business 'unless specifically authorized in writing by the CDCR. In addition, the Contractor shall not (hither directly, or indirectly through an affiliated company, person or business) engage In financial dealings with inmates or parolees, except to the extent that such financial dealings create no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by the CDCR. For the purposes of this paragraph, "affiliated company, person or business" means any company, business, corporation, nonprofit )n' g -5- Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders, either directly or indirectly. "Affiliated companies, persons or businesses" include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders. The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement. The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing of any material changes in the Contractor's business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor's business status or structure that could affect the performance of the Contractor's duties under the Agreement. If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void. Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem. 16. Disclosure Neither- the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known to State staff made by any inmate or parolee which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State. 17. Security Clearance/Fingerprinting The State reserves the right to conduct fingerprinting and/or security clearance through the Department of Justice, Bureau of Criminal Identification and Information (BCII), prior to award and at any time during the term of the Agreement, in order to permit Contractor and/or Contractor's employees access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined. -6- Palm Springs Police Department Agreement Number P06.4010 CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D 18, Notification of Personnel Changes Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor's employee(s) upon their departure or termination. 1 -7- Palm Springs Police Department Agreement Number P06.4010 California Department of Corrections and Rehabilitation (CDCR) ADDITIONAL PROVISIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit E 1. Contractor Employee Misconduct During the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify the CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b) access to inmates/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure CDCR that inmates and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with inmates and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure CDCR, CDCR may require that any implicated Contractor staff be denied access to and the supervision of CDCR inmates and/or parolees at the facility and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility and staff, including review of subcontractor employee personnel records, as a condition of the Agreement. 2. Right to Terminate, (Supersedes provision number 7, Termination for Cause, of Exhibit C) The parties hereto agree that either party may cancel this Agreement by giving the other party written notice thirty (30) days in advance of the effective date of such cancellation. In the event of such termination, the State agrees to pay Contractor for actual services rendered up to and including the date of termination. 3. Mutual Hold Harmless Contractor agrees, to the fullest extent permitted by law, to hold harmless, defend and indemnify the State from and against any liabilities, damages and costs (including reasonable attorneys fees and cost of defense) to the extent caused, during performance of services under this Agreement, by the negligent acts, errors and omissions of the Contractor or anyone for whom Contractor is legally responsible. The State agrees, to the fullest extent permitted by law and subject to the availability of funds to hold harmless, defend and indemnify the Contractor, it officers, directors, principals and employees, from any liabilities, damages and costs (including reasonable attorneys fees and cost of defense) to the extent caused by the negligent acts, errors or omissions or the State, the State's contractors, consultants or anyone for whom the State is legally responsible. Palm Springs Police Department Agreement Number P06.4010 CDCR ADDITIONAL PROVISIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit E 4. Subcontracting Services provided are to be performed primarily with the staff of the public entity or, in the case of educational institutions, auxiliaries or foundations, by the faculty, staff or students associated with the particular institution. Agreements are not to be used by state agencies to circumvent the competitive bidding requirements of Public Contract Code Section 10340. If more that twenty-five (25) percent of the total contract amount or $50,000,00, whichever is less, is subcontracted, non-competitive bid approval must be obtained from the Agency Secretary of the Youth and Adult Correctional Agency and the Department of General Services prior to the commencement of services, unless the subcontract was competitively bid or the subcontractor(s) also qualifies as a state agency, governmental agency, or joint power. 5. Insurance Requirements Contractor hereby represents and warrants that the Contractor and subcontractors are currently and shall for the duration of this Agreement be insured and provide proof of self- insurance against- Commercial General Liability - $1,000,000 per occurrence for bodily injury and property damage liability combined. - 2 - PALM SPRINGS POLICE DEPARTMENT hibit 1 FIREARMS RANGE LIABILITY WAIVER 1, the undersigned, have requested permission to participate in firearms training on the Palm Springs Police Department Firearms Range. understand and acknowledge that such activity is not one ordinarily open and available to the general public. In consideration of special permission granted to me to participate in such activity, I hereby agree and acknowledge that I understand that certain risks are associated with the use of the Police Firearms Training Range. As a user of the Firearms Range, I am fully aware of some, if not all, of the inherent dangers or risks involved in the use of a firearms training facility. These dangers and risks may include, but are not limited to: 1 . Injury from gunshots, bullet fragments, backsplatter, ricochets or flying debris; 2. Injury from defective ammunition or weapons malfunction; 3. Exposure to airborne lead and smoke contaminants; 4. Injury sustained from operator error in firing weapons or operating range equipment; 5. Hearing injury from loud noise (gunfire). While the City and the Police Department takes reasonable steps and precautions to safeguard persons using or visiting the Range, potential hazards and dangers do exist. Use of required safety equipment and strict obedience of all Range safety rules are absolutely required. agree that, as to any personal injuries from whatever cause resulting from my involvement in said activity, I shall carry my own insurance coverage to compensate me for any such injury or loss, and I hereby waive any rights to action or claims against the City of Palm Springs, its officers, agents, or employees for any and all injury or loss which I may suffer resulting from my participation in the use of the Range. I agree to release and hold harmless the City of Palm Springs and its officers, agents, and employees from any future liability, responsibility, claim, or right of action whatsoever arising from my participation in this program. I also acknowledge receiving a copy-of the PSPD FIREARMS RANGE SAFETY RULES, and agree to read and follow all rules as stated on that document. Dated this _day of , 200. Signature Witness/Rangemaster Print Name - Legibly 5= JAH a ' PALM SPRINGS POLICE DEPARTMENTLtnbi-t 2 FIREARMS RANGE THE FIVE BASIC GUN SAFETY RULES Treat all guns as if they are loaded. Keep the gun pointed in the safest possible direction. ALWAYS keep your finger OFF the trigger until you are ready to shoot. Know your target and its surroundings. Store your gun and ammunition safely and securely when not in use. PSPD FIREARMS RANGE SAFETY RULES 1. When in and around the Firearms Range, and not engaged in the act of shooting from the firing line, weapons not in the holster or in gun carrying cases will be carried or displayed with the action open and unloaded, i.e , revolvers will have the cylinder open, empty chambers, and carried with at least two fingers protruding through the open frame. Pistols will have the slide locked to the rear, magazine removed, empty chamber, and carried with the muzzle pointed up. Both types of handguns will be checked and rechecked visually and physically by the shooter to ensure that an unloaded condition exists. Absolutely no loaded weapons will be removed from the holster, handled, or carried outside of the holster behind the firing line! 2. While on the firing line, weapons will be pointed downrange toward the target area at all times. There are only four acceptable positions for the weapon when on the firing line: #1) in the holster #2) in the firing position pointed at the target area 93) in the"Rest" position with the weapon held at a 45-degree angle, finger off the trigger and muzzle pointed downrange to the target area 94) in loading position with muzzle pointed downrange at all times, finger off trigger Additionally, when clearing malfunctions or adjusting sights, the muzzle of the weapon will remain pointed downrange, finger off of the trigger. No weapons will be held and pointed toward the ceiling or held pointed downwards at the shooter's side, 3. Proper eye and ear protection will be worn at all times during any periods of actual weapon firing, no exceptions. Donning eye and ear protection prior to any shots being fired is the responsibility of the shooter. Type of protection to be used is specified by Range personnel_ Electronic hearing protection provided by the Range will be turned "off' prior to shooters removing the headset from their ears in order to conserve batteries. PSPD FTRF,ARMS RANGE SAFETY RULES Page 2 4, NO ONE will advance or step forward of the firing line, OFF OF THE BIsA.CK RUBBER MAT, without the express permission or direction of Range officer. 5. Individual shooters will place all weapons, ammunition, safety gear, or equipment necessary to shoot with on or at their firing point. Individual equipment, etc.,will not be stored on the firing line table during firing exercises. Once the firing line is"Hot," or loaded, shooters will not leave their individually assigned firing points unless directed to do so by the Range officer. Any open or unprotected ammunition containers must be placed on the shooting stall shelf, directly beneath the target control keypad. Any other ammunition stored on the floor or in the vicinity of the firing line must have the primers of same covered or protected to prevent unintentional ignition caused by ejected cartridge casings striking the exposed primers. 6. When the firing line is"Hot", shooters will not be allowed to bend over or stoop with a loaded weapon in their hand, i.e., picking up a magazine or extra ammunition off of the floor. Before stooping or bending, weapons should be in the holster or in a cleared condition with the action open and all ammunition removed from the weapon, including the chamber. The obvious exception would be when performing the sitting, kneeling, or prone shooting positions under controlled conditions. 7. Bolstered weapons should always have the safety strap or weapon retention features engaged to prevent the handgun from falling from the holster when bending, stooping, walking, or running. 8. Shooters will be held accountable for any damage they incur on the Firearms Range_ Errant shots into the ceiling and walls most certainly cause damage_ Shots hitting the target cars, target hangers, or overhead support structures do not only cause damage, but create a risk of injury due to bullet fragment back-splatter for anyone on the firing line. Shooters may be charged (fined) for any shots into the ceiling, walls, or metal structures. 9. No ammunition will be brought to the weapons cleaning bench. The Clearing Barrel will be utilized for any firearm loading or unloading, action check, or required release of the firing pin (dry fire) prior to disassembly on certain models such as Glock pistols. Prior to this procedure, all firearms will be checked and double checked to ensure an unloaded condition before"dry fire". 10. Other than when utilizing the Clearing Barrel, no weapons will be"dry fired" except when on the firing line with permission of the Range officer. I I. Wash hands thoroughly with soap and water after shooting and cleaning your firearm, prior to smoking, eating, or drinking to remove lead residue, gun oil, or solvent from the hands. ,SAFETY IS FIRST AND FOREMOST ABO lam'AND BEYOND ANYTHING k.'I.SB! Rangerules JAH 12/00