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HomeMy WebLinkAbout10/4/2017 - STAFF REPORTS - 1.F.rVALM SA; �y � a u �n �• 4" J City Council Staff Report IFOaN,P DATE: October 4, 2017 CONSENT CALENDAR SUBJECT: RANGE SERVICES AGREEMENT BETWEEN PALM SPRINGS POLICE DEPARTMENT AND MOUNT SAN JACINTO WINTER PARK AUTHORITY (PALM SPRINGS AERIAL TRAMWAY ARMED SECURITY), 2017- 2020 FROM: David H. Ready, City Manager BY: Edward Z. Kotkin, City Attorney SUMMARY It is recommended that the City Council approve an agreement between the Palm Springs Police Department and the Mount San Jacinto Winter Park Authority's Palm Springs Aerial Tramway Armed Security for Firing Range Services through September 2020. RECOMMENDATION: Approve a facilities use "range services" agreement with the Mount San Jacinto Winter Park Authority providing for Palm Springs Aerial Tramway Armed Security to train at the Palm Springs Police Department's Firing Range, with projected revenue to the City in an amount of approximately $2,370.00, with a term extending until September 2020. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: A contractual agreement between the Palm Springs Police Department (PSPD) and the Mount San Jacinto Winter Park Authority's Palm Springs Aerial Tramway Armed Security (PS Tram) is proposed to allow PS Tram Officers to utilize the PSPD Firing Range under the supervision of the PSPD Range Master for one training day each calendar year until September 30, 2020. Per the three-year agreement, PSPD will make available the Firing Range, Range Master, and firearms related training and equipment to PS Tram armed security personnel. The Range facility includes telephone access for emergencies, classrooms rrEM NO. City Council Staff Report October 4, 2017 Page 2 Range Services Agreement, PSPD and PS Aerial Tramway Security and restroom access. Firearm classes, tactical training and demonstrations will be conducted by PSPD's Range Master in PSPD classrooms at no charge. The City Attorney has reviewed the agreement proposed for execution (see Attachment 1), and discussed its specific terms with Cpt. Henricus Peeters. The agreement is here for Council approval because of the mutual indemnification provision. Absent Council direction to the contrary, the City Attorney anticipates that the agreement will be signed as presented here. FISCAL IMPACT: Revenue to the City of Palm Springs from this agreement will be approximately $2,370.00. There will be no negative impact to the general fund. Edward Z. Kotkin, City Attorney David H. Ready, City Manage' Attachments: 1) PSPD Firing Range Services Contract C2--kXA,0,,..4 a-e Bryan Reyes, Polio Chief PALM SPRINGS POLICE DEPARTMENT (PSPD) — RANGE SERVICES I. Introduction With the consent and approval of the City of Palm Springs, a California charter city and municipal corporation, the Palm Springs Police Department (Palm Springs PD) shall provide use of the firing range facilities (Range), located at 200 South Civic Drive, Palm Springs, CA 92262, under the supervision of a Palm Springs PD Certified Range Master, to Palm Springs Aerial Tramway Armed Security officers (Officers), employed by the Mt. San Jacinto Winter Park Authority, a public agency and public corporation of the State of California and governing body of the Palm Springs Aerial Tramway (PS Tram) once a year through September 30, 2020, for yearly training. Palm Springs PD and PS Tram are sometimes referenced below as the "Parties," and each as a "Party." II. Palm Surinus PD Resaonsibilities 1. The Range shall be available to Officers for one (1) business day during each calendar year of this contract through September 30, 2020. 2. Palm Springs PD's "PSPD Firearms Range Safety Rules" (Attachment 2), attached hereto and made a part of this agreement, must be followed at all times by all personnel using the Range facility. Palm Springs PD's Range Master has final authority on the Range for reasonable interpretation of those rules 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 Palm Springs PD and the PS Tram with a goal of resolution for the mutual benefit of both the Palm Springs PD and the PS Tram. 3. Palm Springs PD's Range will accommodate a maximum of five (5) shooters at any one time per shooting session; the facility will include telephone access for emergencies, classrooms and restroom access. Palm Springs PD will make a good faith effort to accommodate at least five (5) shooters on a first come, first -serve basis at any one time; however, said accommodation will be as scheduled, in advance. 4. Palm Springs PD shall provide classrooms for firearm classes, tactical training and demonstrations, conducted by Palm Springs PD's Range Master. Classroom usage shall be provided at no additional charge to the PS Tram. Palm Springs PD - Palm Springs Aerial Tramway Security Officers Range Services Agreement Page 1 of 4 03 5. Palm Springs PD will provide safety equipment such as hearing protection and safety glasses. PS Tram may provide its safety equipment if desired, provided it meets Palm Springs PD's specifications and approval. 6. Palm Springs PD shall provide storage facilities located within the range compound for PS Tram target equipment and other related equipment at no additional charge. III. Palm Surines Aerial Tramwav Responsibilities 1. Use of the Range shall be limited to Officers of the PS Tram. All Officers using the range are subject to Firearm Safety Rules (Attachment 2) established by Palm Springs PD and orders of Palm Springs PD personnel while exercising the privileges of this agreement. 2. No exposed lead bullets will be allowed for use at Palm Springs PD's indoor facility. Only jacketed hollow point, total metal jacket or full metal jacketed bullets are authorized, twelve (12) gauge shotgun lead pellets or slugs may be used. IV. Use 1. The Range will be available to PS Tram, when scheduled, from 8:00 am to 5:00 pm. If additional dates are required, PS Tram will give Palm Springs PD written notice at least two (2) weeks in advance. V. Invoicine and Pavment a. For services satisfactorily rendered, and upon receipt and approval of Palm Springs PD's invoices, PS Tram agrees to compensate the City of Palm Springs in accordance with the rates specified herein on Attachment 1 fee schedule, and made a part of this Agreement. VI. Citv Rate and Increase The cost of the Range service is $75 an hour for 2017/2018. (Attachment 1). It is understood that the City of Palm Springs may regulate some or all of the Palm Springs PD's rates for services. In the event the City increases the rates that directly affect the services provided in this agreement, Palm Springs PD may during the term of the agreement, request from PS Tram an increase in the rates stated in this agreement. Palm Springs will submit an updated fee request with a copy of the fee schedule from the City listing the prior fee and new fee and effective date of the new fees. It is currently estimated that the range fee will increase 5% each year. Palm Springs PD - Palm Springs Aerial Tramway Security Officers Range Services Agreement Page 2 of 4 04 VII. Rkht to Terminate 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, PS Tram agrees to pay Palm Springs PD for actual services rendered up to and including the date of termination. PS Tram may terminate this Agreement and be relieved of any payments should the Palm Springs PD fail to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination PS Tram may proceed with the work in any manner deemed proper by PS Tram. All costs to the PS Tram shalt be deducted from any sum due the Palm Springs PD under this Agreement and the balance owed, if any, shall be paid to Palm Springs PD upon demand. VIII. Mutual Indemnification To the fullest extent permitted by law and except as limited herein, each of the Parties, on its own behalf, with due authorization, and on behalf of each individual who is an official, employee, agent, servant or assign of that Party (collectively "Indemnitors," and each an "Indemnitor"), hereby covenants and agrees to indemnify, defend and hold harmless the other Party, together with that other Party's officials, employees, agents, servants or assigns (in the aggregate, "Indemnitees," and each an"Indemnitee") as follows. Each Indemnitor's duty to indemnify, defend and hold each Indemnitee harmless ("Duty to Indemnify") shall apply to any right, claim, suit, right of administrative action or appeal, chose in action, and causes of action of every nature whatsoever, whether fully formed or inchoate, direct or indirect, actual or potential, ("Action"), provided that the Action in question arises from or relates to any alleged action(s) or omission(s) arising from or in any way related to services hereunder. The Duty to Indemnify shall lie regardless of whether an Indemnitee is a defendant, witness, or other interested party with respect to an Action. Should any Indemnitee require any Indemnitor to perform as to its respective Duty to Indemnify hereunder, each Indemnitee shall have the absolute right, except as limited herein, to unilaterally select and provide direction to his/her/its own independent legal counsel, investigators, and any experts or consultants deemed necessary by the Indemnitee in question, in an exercise of that Indemnitee's sole discretion. Any Indemnitee exercising this discretion shall do so in a commercially reasonable fashion. Except as otherwise set forth herein, each Indemnitor understands that its Duty to Indemnify hereunder includes but is not limited to costs, expenses, all fees, liabilities, losses, judgments, fines, penalties, settlements, interest, and other amounts actually and reasonably incurred, or about to be incurred in the defense of an Action. Notwithstanding the foregoing, the extent of an Indemnitor's Duty to Indemnify shall be limited to the extent that an Action arises from or relates to the negligence or malfeasance of Indemnitee(s). Palm Springs PD - Palm Springs Aerial Tramway Security Officers Range Services Agreement Page 3 of 4 VIL Rieht to Terminate 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, PS Tram agrees to pay Palm Springs PD for actual services rendered up to and including the date of termination. PS Tram may terminate this Agreement and be relieved of any payments should the Palm Springs PD fail to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination PS Tram may proceed with the work in any manner deemed proper by PS Tram. All costs to the PS Tram shalt be deducted from any sum due the Palm Springs PD under this Agreement and the balance owed, if any, shall be paid to Palm Springs PD upon demand. VIII. Mutual Indemnification To the fullest extent permitted by law and except as limited herein, each of the Parties, on its own behalf, with due authorization, and on behalf of each individual who is an official, employee, agent, servant or assign of that Party (collectively "Indemnitors," and each an "Indemnitor"), hereby covenants and agrees to indemnify, defend and hold harmless the other Party, together with that other Party's officials, employees, agents, servants or assigns (in the aggregate, "Indemnitees," and each an "Indemnitee") as follows. Each Indemnitor's duty to indemnify, defend and hold each Indemnitee harmless ("Duty to Indemnify") shall apply to any right, claim, suit, right of administrative action or appeal, chose in action, and causes of action of every nature whatsoever, whether fully formed or inchoate, direct or indirect, actual or potential, ("Action"), provided that the Action in question arises from or relates to any alleged action(s) or omission(s) arising from or in any way related to services hereunder. The Duty to Indemnify shall lie regardless of whether an Indemnitee is a defendant, witness, or other interested party with respect to an Action. Should any Indemnitee require any Indemnitor to perform as to its respective Duty to Indemnify hereunder, each Indemnitee shall have the absolute right, except as limited herein, to unilaterally select and provide direction to his/her/its own independent legal counsel, investigators, and any experts or consultants deemed necessary by the Indemnitee in question, in an exercise of that Indemnitee's sole discretion. Any Indemnitee exercising this discretion shall do so in a commercially reasonable fashion. Except as otherwise set forth herein, each Indemnitor understands that its Duty to Indemnify hereunder includes but is not limited to costs, expenses, all fees, liabilities, losses, judgments, fines, penalties, settlements, interest, and other amounts actually and reasonably incurred, or about to be incurred in the defense of an Action. Notwithstanding the foregoing, the extent of an Indemnitor's Duty to Indemnify shall be limited to the extent that an Action arises from or relates to the negligence or malfeasance of Indemnitee(s). Palm Springs PD— Palm Springs Aerial Tramway Security Officers Range Services Agreement Page 3 of 4 05 IX. Authorized Representatives Each Party warrants to the other that the person executing this agreement on behalf of that Party is duly authorized by that Party to do so. When signed by authorized representatives of both Parties, this agreement constitutes a binding agreement between the Parties. CITY OF PALM SPRINGS By: Name: Title: Date: PALM SPRINGS POLICE DEPARTMENT By: Name: Title: Date: MOUNT SAN JACINTO WINTER PARK AUTHORITY By: Name: Title: Date: PALM SPRINGS AERIAL TRAMWAY By: Name: Title: Date: Palm Springs PD— Palm Springs Aerial Tramway Security Officers Range Services Agreement Page 4 of 4 05 IX. Authorized Representatives Each Party warrants to the other that the person executing this agreement on behalf of that Party is duly authorized by that Party to do so. When signed by authorized representatives of both Parties, this agreement constitutes a binding agreement between the Parties. CITY OF PALM SPRINGS By: Name: Title: Date: PALM SPRINGS POLICE DEPARTMENT By: Name: Title: Date: MOUNT SAN JACINTO WINTER PARK AUTHORITY By: Name: Title: Date: PALM SPRINGS AERIAL TRAMWAY By: Name: Title: Date: Palm Springs PD — Palm Springs Aerial Tramway Security Officers Range Services Agreement Page 4 of 4 06 Attachment 1 PSPD Firina Range Services FISCAL YEAR September 1, 2017 through September 1, 2018 Description Range Fee Rate Per 4Z AQ Q jan $ 75.00 x Est. No. of Sessions = for contract terms x 1 (10 employees) Total $ 750.00 FISCAL YEAR September 1, 2018 through September 1, 2019 (Estimated) Description Rate Per x Est. No. of Sessions = Total Sagc'nn fnrr_nntrart Range Fee $ 79.00 x 1 (10 employees) _ $ 790.00 FISCAL YEAR September 1, 2019 through September 1. 2020 (Estimated) Description Rate Per x Est. No. of Sessions = SPssinn fnr r_nntrart Range Fee $ 83.00 x 1 (10 employees) _ ESTIMATED TOTAL CONTRACT AMOUNT = $2,370.00 Palm Springs PD — Palm Springs Aerial Tramway Security Officers Range Services Agreement Attachment 1 Total $ 830.00 0 F, Attachment 1 PSPD Firing Ranae Services FISCAL YEAR September 1, 2017 throuah September 1.2018 Description Range Fee Rate Per x Est. No. of Sessions Raccinn for contract terms $ 75.00 x 1 (10 employees) Total $ 750.00 FISCAL YEAR September 1.2018 throuah September 1, 2019 (Estimated) Description Rate Per x Est. No. of Sessions = Total Roacci-nn fnr r_nntrar+ Range Fee $ 79.00 x 1 (10 employees) _ $ 790.00 FISCAL YEAR September 1.2019 throuah September 1. 2020 (Estimated) Description Rate Per x Est. No. of Sessions = RPcqjon fnr rnntrart Range Fee $ 83.00 x 1 (10 employees) _ ESTIMATED TOTAL CONTRACT AMOUNT = $2,370.00 Palm Springs PD — Palm Springs Aerial Tramway Security Officers Range Services Agreement Attachment 1 Total $ 830.00 07 Attachment 2 Palm Springs Police Department 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: a) In the holster; b) In the firing position pointed at the target area; c) In the "rest" position with the weapon held at a 45-degree angle, finger off the trigger and muzzle pointed down range to the target area; d) In loading position with muzzle pointed down ranee at all times. finger off tri¢eer. Additionally, when clearing malfunctions or adjusting sights, the muzzle of the weapon will remain pointed down range, finger off of the trigger. No weapons will be held and pointed toward the ceiling or held pointed downwards at the shooter's side. Palm Springs PD — Palm Springs Aerial Tramway Security Officers Range Services Agreement Attachment 2 Page 1 of 2 07 Attachment 2 Palm Springs Police Department 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: a) In the holster; b) In the firing position pointed at the target area; c) In the "rest" position with the weapon held at a 45-degree angle, finger off the trigger and muzzle pointed down range to the target area; d) In loading position with muzzle pointed down ranee at all times, finder off trigger. Additionally, when clearing malfunctions or adjusting sights, the muzzle of the weapon will remain pointed down range, finger off of the trigger. No weapons will be held and pointed toward the ceiling or held pointed downwards at the shooter's side. Palm Springs PD — Palm Springs Aerial Tramway Security Officers Range Services Agreement Attachment 2 Page 1 of 2 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. Palm Springs PD — Palm Springs Aerial Tramway Security Officers Range Services Agreement Attachment 2 Page 2 of 2 Pfl 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. Palm Springs PD — Palm Springs Aerial Tramway Security Officers Range Services Agreement Attachment 2 Page 2 of 2 rq