HomeMy WebLinkAboutA5335 - CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION USE OF FIREARMS RANGE STATE OF CALIFORNIA—DEPARTMENT OF CORRECTIONS AND REHABILITATION EDMUND G.BROWN JR.,GOVERNOR
DIVISION OF ADMINISTRATIVE SERVICES
OFFICE OF BUSINESS SERVICES
9838 Old Placerville Road,Suite B-2
Sacramento,CA 95827 t5)
April 2, 2018
David Ready, City Manager
City of Palm Springs
2743 E. Tahquitz Canyon Way
Palm Springs CA 92263
Dear Mr. Ready,
AGREEMENT NUMBER: C5607094
SERVICE: FIRING RANGE FACILITY SERVICES
Enclosed for your files is a fully executed Agreement regarding the service(s) described above
with the California Department of Corrections and Rehabilitation for the period of November 1,
2017 through June 30, 2019.
A copy of this Agreement has been forwarded to the Headquarters Accounting Office, which is
responsible for the payment of approved invoices. In order to expedite the payment process,
please ensure all invoices submitted to the State are submitted in accordance with the payment
provisions of this Agreement. Invoices must be accurate; reasonable for the services performed
and costs incurred, and include all applicable receipts and necessary supporting documentation
as stated in this Agreement. Every invoice must also clearly state the Agreement Number and
the Purchase Order Number. If invoices are submitted electronically via email; email must
include the name on the Agreement and Agreement Number in the subject line of the email.
The email must include an attached PDF of the invoice(s) with reference to the institution name
and invoice number.
Fiscal Year Work Completed During Purchase Order Number
2017/18 11/1/2017 to 6/30/2018 4400014553
2018/19 07/01/2018 to 6/30/2019 4400014554
If you have any questions or need assistance, do not hesitate to contact me at
(916) 255-6429,
Sincerely,
Veronica Russell,
Contract Analyst
STATE OF CALIFORNIA
STANDARD AGREEMENT
_STD 213.(Rev ONO3) AGREEMENT NUMBER
C5607094
REGISTRATION NUMBER
1, This Agreement is entered into between the State Agency and the Contractor named below:
STATE"MOTS NAME
California Department of Corrections and Rehabilitation
CONTRACTOR'S NAME
City of Palm Springs
2. The term of this November 1., 2017 through June 30, 2019
Agreement is,
3. The maximum amount $ 3,850.00
of this Agreement is: Three Thousand Eight Hundred Fifty Dollars And Zero Cents
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 2 pages
Exhibit B—Budget Detail and Payment Provisions 2 pages
Exhibit B-1 — Rate Sheet 1 page
Exhibit C —General Terms and Conditions GTC 04/2017
Exhibit D-Special Terms and Conditions for Public Entity Agreements 14 pages
Exhibit E — Prison Rape Elimination Policy 2 pages
Attachment 1 —Firearm Safety Rules 1 page
Items shown with.an Asterisk('), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be vtewed at www�cLs ca uov/owResources/StandardContractLanouaaa.asnx
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services use Only
CONTRACTOR'S NAME 1W other than an individUel,state whethera corporatbn,parWrSNP,ek)
City of Palm Springs /� [] `—`-•--
BY fA HATE SIGN (Uri nc4 ) 111 l V C D�
David Ready, City Manager MAR 16 2018
ADDRESS
2743 E. 7ahquitz Canyon Way r SFr ErF�i ^ a'icc
Palm Springs, CA 92263
STATE OF CALIFORNIA
AGENCY NAME
California Department of Corrections and Rehabilitation ABY(Au d Signature /� U� iA�T,E SI NEDr1M a ryPr'
PRIN D NAME AND TITLE OF PERSON SIGNING O� ❑ Exempt per
Terri Gibson, Manager, Headquarters Contracts Unit#3
ADDRESS
9838 Old Placerville Road, Sacramento, CA 95827
ApppOyEpWWYCOUNOL A ST: ORIGINAL BID
I-A ti- ' igk U5 5 AND/OR AGREEMENT
y Cie
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
Scope of Work
FIRING RANGE SERVICES
I. Introduction
The Contractor shall provide use of firing range facilities located at 200 South Civic Drive; Palm
Springs, CA 92262, to the California Department of Corrections and Rehabilitation (CDCR),
Division of Adult Parole Operations (DAPO), Southern Region staff.
In order to accommodate all agents, it is necessary to have access to monthly use of the firing
range when scheduied.
Regular Requalification: Parole Agents are required to re-qualify for regular shooting once per
quarter 05t qtr. July September, 2"d qtr. October— December, 3rd qtr. January — March and 4t'
qtr, April —June).
Night Firearms Requalification: Parole Agents are required to re-qualify for night shooting once
per year during the fourth quarter only(October, November and December).
II. Contractor Responsibilities
1. The range shall be available to DAPO for monthly, quarterly, and evening use, as needed.
The actual dates and times for use of the range shall be mutually agreed upon by the
DAPO Regional Training Coordinator and the Contractor's Chief Range Master.
2, The Contractor's "Firearm Safety Rules" (Attachment 1) must be followed at all times by
all personnel using the Range facility. The Contractor'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 the
Contractor and the using agency with a goal of resolution for the mutual benefit of both
the Contractor and the agency.
3. The Contractor's range will accommodate a minimum of five (5) shooters at any one time
per shooting session. The facility will include telephone access for emergencies,
classrooms and restroom access. Contractor wit] 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. The Contractor shall provide classrooms for firearm classes, tactical training and
demonstrations, conducted by DAPO Range Masters. Classroom usage shall be provided
at no additional charge to the State.
5. The Contractor will provide safety equipment such as hearing protection and safety
glasses. The DAPO may provide own safety equipment if desired, provided it meets
Contractor's specifications and approval.
5. The Contractor shall provide storage facilities located within the range compound for
DAPO target equipment and other related equipment at no additional charge to the State.
Page 1 of 2
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
Scope of Work
Itl. CDCR Responsibilities
1. Use of the facilities shall be limited to employees of the DAPO and authorized training
personnel. All employees using the range are subject to Firearm Safety Rules
(Attachment 1) established by the Contractor and orders of the Contractor while
exercising the privileges of this agreement.
2. DAPO will act as their own Range Masters/Firearms Instructor to run training qualification
shoots, and will provide all target materials and ammunition to be utilized or expended.
No exposed lead bullets will be allowed for use at the Contractor'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. Monthly Use
1. The range will be available to DAPO, when scheduled from 8:00am to 5:00pm. If
additional dates are required, DAPO will give the Contractor written notice at least two (2)
weeks in advance of its intent to exclusively use the range specifying the dates and times
of use.
2. There will be an average of 10 to 15 shooters per session and the maximum of 45 to 50
shooters per month. During the months of October, November and December, DAPO will
anticipate night shooters on an average of 10 to 15 shooters per month,
V. Quarterly Weekend Use
1. If needed, the range will be available to DAPO one (1) weekend per quarter when
scheduled. During the weekend, the range will be available for two (2) sessions (Saturday
and Sunday, 8 hours per day).
V1. CDCR Contact information
Should questions or problems arise during the term of this contract, the Contractor should contact
the following offices:
• BillingfPayment Issues:
Headquarters Accounting Services
Phone Number: (916) 255-2042
FAX Number: (916) 445-2425
• Scope of Service/Performance Issues:
Division of Adult Parole Operations (DAPO), Southern Region Headquarters
Phone Number: (909) 468-2300 Ext 252
Fax Number. (909) 468-2358
• General Contract Issues:
Office of Business Services
Phone Number: (916) 255-6429, FAX Number: (916) 255-6187
2of2
City of Palm Springs Agreement Number C5607094
California Department of Corrections And Rehabilitation (CDCR) Exhibit B
Budget Details and Payment Provisions
1. Invoicing and Payment
a. For services satisfactorily rendered, and upon receipt and approval of
Contractor's invoices, the State agrees to compensate the Contractor in
accordance with the rates specified herein on Exhibit B-1 Rate Sheet, and made
a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the
stated term of this Agreement and shall include every item of expense, direct and
indirect, including taxes incidental to the specified rates.
b. Invoices shall. include the Agreement Number, Purchase Order Number and shall
be submitted in triplicate not more frequently than monthly in arrears to the
address provided below.
c. The Contractor also has the option to submit their invoices electronically to the
appropriate email address listed below. The Contractor must use the name on
the Agreement and the Agreement Number on the subject line of the email. The
email must include an attached PDF file of the invoice, in accordance with the
information above, and must reference the institution acronym and invoice
number. Separate emails shall be sent for contracts with more than one
participating institution, facility, office and/or site with the invoice information as
stated above.
California Department of Corrections and Rehabilitation (CDCR)
ASB - Sacramento
Attention: Accounts Payable A
P.O. Box 187015
Sacramento, CA 95818-7015
For electronic submission, send invoices to:
APAContractinvoice@cdcr.ca.gov
2. BudgetContinuencv 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,
Govemment Code 927 et seq.
Page 1 of 2
City of Palm Springs Agreement Number C5607094
California Department of Corrections And Rehabilitation (CDCR) Exhibit B
Budget Details and Payment Provisions
4. Subcontractors
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.
5. Advanced Payment for Non-Profit Organizations
Pursuant to Government Code Section(GC) 11019, upon review and approval of CDCR,
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 budget for
each fiscal year. The CDCR will review and determine the need for an advance
payment using the criteria contained in the department's procedures for advance
payments to Community-Based, Private, Non-Profit Organizations, CDCR 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 fiscal year of the agreement.
6. City/County Rate Increase
It is understood that the citylcounty 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.
Page 2 of 2
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit B-1
Rate Sheet
Firing Range Services
FISCAL YEAR: NOVEMBER 1, 2017 through JUNE 30, 2018
Description Rate Per X Est No. of Sessions = Total
Session for contract term
Regular and Night $75 00 X 25 $ 1,875.00
Requalification
FISCAL YEAR: JULY 1, 2018 through JUNE 30, 2019
Description Rate Per X Est. No. of Sessions = Total
Session for contract term
Regular and Night $ 79.00 25 - $ 1,975.00
Requalification X
TOTAL CONTRACT AMOUNT =
$ 3,850.00
Note:
Contractor shall provide storage facilities located within the range compound for DAPO target
equipment and other related equipment at no charge to the State.
Page 1 of 1
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
1. Contract Disputes with Public Entities
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.
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.
Page 1 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
3. 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.
4. Taxes
Unless required by law, the State of California is exempt from federal excise taxes.
5. 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_
The State may terminate this Agreement and be relieved of any payments should the
Contractor fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination the State may proceed with the work in
any manner deemed proper by the State. All costs to the State shall be deducted from any
sum due the Contractor under this Agreement and the balance, if any, shall be paid to the
Contractor upon demand.
6. Contract Suspension
Notwithstanding any other provisions of this Agreement, pursuant to a Governor's Executive
Order or equivalent directive, such as a court order or an order from a federal or state
regulatory agency, mandating the suspension of state contracts, the State may issue a
Suspension of Work Notice. The Notice shall identify the specific Executive Order or
directive and the Agreement number(s) subject to suspension. Unless specifically stated
otherwise, all performance under the Agreement(s) must stop immediately upon receipt of
the Notice. During the period of contract suspension, Contractor is not entitled to any
payment for the suspended work. Once the order suspending state contracts has been
lifted, a formal letter from the Department will be issued to the Contractor to resume work.
7. Extension of Term
If it is determined to be in the best interest of the State, upon agreement, the State may
extend this contract, with no increase in service cost, for a period of one (1) year or less.
S. 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
Page 2 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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.
9. 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 Secretary of
CDCR 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.
10. 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.
11. 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.
12.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
Page 3 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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.
13. 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.
14. 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, who have been on active parole or probation
during the last three years preceding their employment;
1. Contractor shall only employ ex-offenders who can provide written evidence of
having satisfactorily completed parole or probation; and who have remained off
parole .or probation, and have had no arrests or convictions within the past three
years.
b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting
escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of
Penal Code Sections 4570-4574 (unauthorized Communications with Prisons and
Prisoners Offenses),
c. Ex-Offenders are required to register as a sex offender pursuant to Penal Code Section
290.
d. Any ex-offender who has an offense history involving a "violent felony" as defined in
subparagraph (c) of Penal Code Section 667.5; or
e. Any ex-offender in a position which provides direct supervision of parolees.
An ex-offender whose assigned duties 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 or contractor.
Evidence of such bond shall be supplied to CDCR prior to employment of the ex-offender.
15.Conflict of Interest
The Contractor and their employees shall abide by the provisions of Govemment 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
Page 4 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
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
(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, acceptor 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
Page 5 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
specifically authorized in writing by 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 CDCR. For the purposes of this
paragraph, "affiliated company, person or business" means any company, business,
corporation, nonprofit 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. Travel
Contractor's rates shall include all travel expenses required to perform services in
accordance with this contract.
17. 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.
Page 6 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
18. 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 employee) access to State premises. The State further reserves the right
to terminate the Agreement should a threat to security be determined.
19. 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.
20. Expendable Equipment
Expendable equipment is defined as expendable items which change with use and have a
unit acquisition cost of less than $5,000 per unit (i.e. fax machines, computers, printers,
etc.). Title to any expendable equipment purchased or built with State funds as part of this
agreement will vest in the State. The Contractor must retain a listing of expendable
equipment purchases that are considered "theft-sensitive" items, such as cameras,
calculators, two-way radios, computer equipment, etc., for audit purposes. Upon completion
or termination of the agreement, Contractors are required to leave all expendable equipment
for use by subsequent contractors or for the State to dispose of accordingly. The State may
authorize the continued use of such equipment for work to be performed under a different
agreement.
The cost of expendable equipment purchased should be comparable to the prevailing price
for similar items in the surrounding area.
21. 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.
22.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.
23. 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 made by any 'inmate or parolee which indicate violence
Page 7 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
may result in any specific situation, and the same responsibility will be shared by the
Contractor in disclosing such statement(s)to the State.
24.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 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.
25. Mutual Hold Harmless
Contractor agrees, to the fullest extent permitted by law, to hold harmless, defend and
indemnify the State, its officers, agents and employees 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, its 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 of the State as allowed by law.
26. Insurance Requirements
insurance as required herein shall be a condition of the State's obligation to pay for services
provided under this Agreement. Prior to approval of this Agreement and before performing
any work, Contractor and any subcontractor shall furnish to the State evidence of valid
coverage., The following shall be considered evidence of coverage: A certificate of
insurance, a `true and certified" copy of the policy, or any other proof of coverage issued by
Contractor's insurance carrier. Binders are not acceptable as evidence of coverage.
Providing evidence of coverage to the State conveys no rights or privileges to the State, nor
Page 8of14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
does it insure any State employee or insure any premises owned, leased, used by or
otherwise or under the control of the State. It does, however, serve to provide the State with
proof that the Contractor and any subcontractors are insured at the minimum levels required
by the State of California.
Contractor agrees that any liability insurance required in the performance of this Agreement
shall be in effect at all times during the term of this Agreement. In the.event said insurance
coverage expires or is canceled during the term of this Agreement, Contractor shall provide
the State within five (5) business days of receipt by contractor a copy of any notice of
cancellation or non-renewal of insurance.required by the contract. Evidence of coverage
required in the performance of this Agreement shall not be for less than the remainder of the
term of this Agreement or for a period of not less than one year. The State and the
Department of General Services (DGS) reserve the right to verify the Contractor's evidence
of coverage; evidence of coverage is subject to the approval of the DGS. In the event the
Contractor falls to keep insurance.coverage as required herein in effect at all times, the
State reserves the right to terminate this Agreement and to seek any other remedies
afforded by the laws of the State of California.
Contractor hereby represents and warrants they (and any subcontractors) are currently and
shall for the duration of this Agreement be insured. Contractor shall provide proof of self-
insurance against:
Commercial General Liability — Provider agrees to carry a minimum of $1,000,000 per
occurrence for bodily injury and property damage liability combined.
27.Tuberculosis (TB) Testing
In the event that the services required under this Agreement will be performed within a
CDCR institution/parole officelcommunity-based program, prior to the performance of
contracted duties, Contractors and their employees who are assigned to work with
inmates/parolees on a regular basis shall be required to be examined or tested or medically
evaluated for TB in an infectious or contagious stage, and at least once a year thereafter or
more often as directed by CDCR. Regular basis is defined as having contact with
inmates/parolees in confined quarters more than once a week.
Contractors and their employees shall be required to furnish to CDCR, at no cost to CDCR,
a form CDCR 7336, "Employee Tuberculin Skin Test (TST) and Evaluation," prior to
assuming their contracted duties and annually thereafter, showing that the Contractor and
their employees have been examined and found free of TB in an infectious stage. The form
CDCR 7336 will be provided by CDCR upon Contractors request.
The following provisions apply to services provided on departmental and/or institution
grounds:
28, Blood borne Pathogens
Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA)
regulations and guidelines pertaining to blood borne pathogens.
Page 9 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity.Agreements
29. Primary Laws, Rules, and Regulations Regarding Conduct and Association with State
Prison Inmates and Division of Juvenile Justice Wards
Individuals who are not employees of the Califomia Department of Corrections and
Rehabilitation .(CDCR), but who are working in and around inmates who are incarcerated, or
wards who are housed within California's institutions/facilities or camps, are to be apprised
of the laws, rules and regulations governing conduct in associating with prison inmates or
wards. The following is a summation of pertinent information when non-departmental
employees come in contact with prison inmates or wards.
By signing this contract, the Contractor agrees that if the provisions of the contract require
the Contractor to enter an institution/facility or camp, the Contractor and any employee(s)
and/or subcontractor(s) shalt be made aware of and shall abide by the following laws, rules
and regulations governing conduct in associating with prison inmates or wards:
a. Persons who are not employed by CDCR, but are engaged in work at any
institution/facility or camp must observe. and abide by all laws, rules and regulations
governing the conduct of their behavior in associating with prison inmates or wards.
Failure to comply with these guidelines may lead to expulsion from CDCR
institutionstfacilities or camps.
SOURCE: California Penal Code (PC) Sections 5054 and 5058; Califomia Code of
Regulations (CCR), Title 15, Sections 3285 and 3415, and Califomia Welfare and
Institutions Code (WIC) Section 1712.
b. CDCR does ,not recognize hostages for bargaining purposes. CDCR has a "NO
HOSTAGE" policy and all prison inmates, wards, visitors, and employees shall be made
aware of this.
SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and 4603; WIC
Section 1712.
c. All persons entering onto institutionlfacility or camp grounds consent to search of their
person, property or vehicle at any time. Refusal by individuals to submit to a search of
their person, property, or vehicle may be cause for denial of access to the premises.
SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177,
3288, 4696, and 4697: WIC 1712.
d. Persons normally permitted to enter an institution/facility or camp may be barred, for
cause, by the CDCR Director, Warden, and/or Regional Parole Administrator.
SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176 (a) and 4696;
WIC Section 1712.
Page 10 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
e. It is illegal for an individual who has been previously convicted of a felony offense to
enter into CDCR adult institutions/facilities or camps, or youth institutions/facilities or
camps in the nighttime, without the prior approval of the Warden or officer in charge. It
is also illegal for an individual to enter onto these premises for unauthorized purposes or
to refuse to leave said premises when requested to do so. Failure to comply with this
provision could lead to prosecution.
SOURCE: PC Sections 602, 4570.5 and 4571, CCR, Title 15, Sections 3173 and
3289; WIC Section 1001.7.
f. Encouraging and/or assisting prison inmates to escape, is a crime. It is illegal to bring
firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR
institutions/facilities or camp premises. It is illegal to give prison inmates or wards
firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia,
including cocaine or marijuana. It is illegal to give wards sex oriented objects or devices,
and written materials and pictures whose sale is prohibited to minors.
SOURCE: PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5, 4573.6 and
4574;WIC Section 1152, CRR, Title 15, sections 4681 and 4710; WIC Section 1001.5.
g. It is illegal to give,or take letters from inmates or wards without the authorization of the
Warden or officer in charge. It is also illegal to give or receive any type of gift and/or
gratuities from prison inmates or wards.
SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399,
3401, 3424, 3425 and 4045; WIC Section 1712.
h. In an emergency situation the visiting program and other program activities may be
suspended.
SOURCE: PC Section 2601; CCR, Title 15, Section 3383, 4002.5 and 4696.
i. For security reasons, visitors must not wear clothing: that in any way resembles state
issued prison inmate or ward clothing (blue denim shirts, blue denim pants).
SOURCE: CCR, Title 15, Section 3174 (b) (1) and 4696.
j. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to
circumvent policy and/or regulations constitutes a rule violation that may result in
appropriate legal action. Interviews with individual wards are permitted with written
consent of each ward if he is 18 years of age or older, or with written consent of a
parent, legal guardian, or committing court, if 17 years of age or younger.
SOURCE: CCR, Title 15, Sections 3261.5, 3315 (a) (3) (X), and 3177 and
4700(a)(1).
30. Clothina Restrictions
While on institution grounds, Contractor and all its agents, employees, and/or
representatives shall be professionally and appropriately dressed in clothing distinct from
Page 11 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
that worn by inmates at the institution. Specifically, blue denim (rants and blue chambray
shirts, orangelred/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be
worn onto institution grounds, as this is inmate attire. Contractor should contact the
institution regarding clothing restrictions prior to requiring access to the institution to assure
the Contractor and their employees are in compliance.
31. Tobacco-Free Environment
Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the
grounds of any institution or facility under the jurisdiction of the Department of Corrections
and Rehabilitation is prohibited.
32. Prison Rape Elimination Policy
CDCR maintains a zero tolerance for sexual misconduct in its institutions, community
correctional facilities, conservation camps and for all offenders under its jurisdiction. All
sexual misconduct is strictly prohibited..
CDCR is committed to providing a safe, humane, secure environment, free from sexual
misconduct. This will be accomplished by maintaining a program to ensure
education/prevention, detection, response, investigation and tracking of sexual misconduct
and to address successful community re-entry of the victim.
All Contractors and their employees are expected to ensure compliance with this policy as
described in Department Operations Manual, Chapter 5, Article 44.
If you are providing services for the confinement of our inmates, you and your staff are
required to adopt and comply with the PREA standards, 28 Code of Federal
Regulations (CFR) Part 115 and with CDCR's Department Operations Manual, Chapter 5,
Article 44, including updates to this policy. This will include CDCR staff and outside audit
personnel (who also conduct PREA audits of -state prisons) conducting audits to ensure
compliance with the standards.
As a Contractor with CDCR, you shall not assign an employee to a CDCR €acility or assign
an employee to duties if that employee will have contact with CDCR inmates, if that
employee has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile facility, or other institution (as defined in 42 U.S.C, 1997); 2) been convicted
of engaging or attempting to engage in sexual activity in the community facilitated by force,
overt or implied threats of force, or coercion, or if the victim did not consent or was unable to
consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in
the activity described in this section.
The Contractor shall conduct a criminal background records check for each contract
employee who will have contact with CDCR inmates and retain the results for audit
purposes. By signing this contract the Contractor agrees to ensure that all of the mandates
of this Section 5: Prison Rape Elimination Policy are complied with. Material omissions, by
the contract employee, regarding such misconduct or the provision of materially false
information, shall be grounds for removal from institutional grounds.
Contract employees, who have contact with inmates, shall be provided training via the
Exhibit titled; "PRISON RAPE ELIMINATION POLICY, Volunteer/Contractor Informational
Page 112 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
Sheet" to learn their responsibilities under the agency's sexual abuse and sexual
harassment prevention, detection, and response policies and procedures. A copy of this
signed informational sheet will be provided to the institution before a contract employee may
have contact with inmates_
Any contract employee who appears to have engaged in sexual misconduct of an inmate
shall be prohibited from contact with inmates and shall be subject to administrative and/or
criminal investigation. Referral shall be made to the District Attorney unless the activity was
clearly not criminal. Reportable information shall be sent to relevant licensing bodies.
33. Security Regulations
a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the
Contractor, Contractor's employees and subcontractors shall enter the institution through
the main entrance gate and park private and nonessential vehicles in the designated
visitor's parking lot. Contractor, Contractor's employees and subcontractors shall
remove the keys from the ignition when outside the vehicle and all unattended vehicles
shall be locked and secured while on institution grounds.
b. Any State- and .Contractor-owned equipment used by the Contractor for the provision of
contract services, shall be rendered temporarily inoperative by the Contractor when not
in use, by locking or other means unless specified otherwise.
c. In order to maintain institution safety and security, periodic fire prevention inspections
and site searches may become necessary and Contractor must furnish keys to
institutional authorities to access all locked areas on the worksite. The State shall in no
way be responsible for Contractor's loss due to fire.
d. Due to security procedures, the Contractor, Contractor's employees and subcontractors
may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of
time checking in and out of the institution gates and sally ports shall be borne by the
Contractor.
e. Contractor, Contractor's employees and subcontractors shall observe all security rules
and regulations and comply with all instructions given by institutional authorities.
f. Electronic and communicative devices such as pagers, cell phones and
cameras/microcameras are not permitted on institution grounds.
g. Contractor, Contractor's employees and subcontractors shall not cause undue
interference with the operations of the institution.
h, No picketing is allowed on State property.
Page 13 of 14
City of Palm Springs Agreement Number C5607094'
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
Special Terms and Conditions for Public Entity Agreements
34. Gate Clearance
Contractor and Contractor's employee(s) and/or subcontractor(s) must be cleared prior to
providing services: The Contractor will be required to complete a Request for Gate
Clearance for all persons entering the facility a minimum of ten (10) working days prior to
commencement of service. The Request for Gate Clearance must include the person's
name, social security number, valid state driver's license number or state identification card
number and date of birth. Information shall be submitted to the Contract Liaison or his/her
designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement
Telecommunications System (CLETS) check. The check will include Department of Motor
Vehicles check, Wants and Warrants check, and Criminal History check.
Gate clearance may be denied for the following reasons: Individual's presence In the
institution presents a serious threat to security, individual has been charged with a serious
crime committed on institution property, inadequate information is available to establish
positive identity of prospective individual, and/or individual has deliberately falsified his/her
identity.
All persons entering the facilities must have a valid state driver's license or photo
identification card on their person.
Page 14 of 14
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation (CDCR)
Prison Rape Elimination Policy—Volunteer/Contractor Information Sheet Exhibit E
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
PRISON RAPE ELIMINATION POLICY
Volunteer/Contractor Informational Sheet
The Prison Rape Elimination Policy for the California Department of Corrections and
Rehabilitation (CDCR) is explained on this informational sheet. As a volunteer or private
contractor who has contact with CDCR offenders, it is your responsibility to do what you can,
within the parameters of your current assignment, to reduce incidents of sexual violence, staff
sexual misconduct, and sexual harassment and to report information appropriately when they
are reported to you or when you observe such an incident.
Historical Information
Both the Congress and State Legislature passed laws, the Federal Prison Rape Elimination Act
(PREA) of 2003, the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005,
and most.recently the United States, Department of Justice Final Rule; National Standards of
2012 to help prevent, detect and respond to sexual violence, staff sexual misconduct and sexual
harassment behind bars. It is important that we, as professionals, understand all aspects of
these laws and our responsibilities to help prevent, detect, and respond to instances by
offenders and staff.
The CDCR policy is found in Department Operations Manual (DOM), Chapter 5, Article 44.
PREA addresses five types of sexual offenses. Sexual violence committed by offenders will
encompass: Abusive Sexual Contact, Nonconsensual Sex Acts, or Sexual Harassment by an
Offender (towards an offender). The two remaining types of sexual offenses covered by PREA
are Staff Sexual Misconduct and Staff Sexual Harassment (towards an offender).
CDCR's policy provides for the following:
• CDCR is committed to continuing to provide a safe, humane,, secure environment, free
from offender on offender sexual violence, staff sexual misconduct, and sexual
harassment.
• CDCR maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual
harassment in its institutions, community correctional facilities, conservation camps, and
for all offenders under its jurisdiction.
• All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited.
• This policy applies to all offenders and persons employed by the CDCR, including
volunteers and independent contractors assigned to an institution, community correctional
facility, conservation camp, or parole.
Retaliatory measures against employees or offenders who report incidents of sexual violence,
staff sexual misconduct, or sexual harassment as well as retaliatory measures taken. against
those who cooperate with investigations shall not be tolerated and shall result in disciplinary
action and/or criminal prosecution.
Retaliatory measures include, but are not limited to:
• Coercion.
• Threats of punishment.
• Any other activities intended to discourage or prevent staff or offenders from reporting
incident(s).
Page I of 2
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabiiitation (CDCR)
Prison Rape Elimination Policy —Volunteer/Contractor Information Sheet Exhibit E
Professional Behavior
Staff, including volunteers and private contractors are expected to act in a professional manner
while on the grounds of a CDCR institution and while interacting with other staff and offenders.
Key elements of professional behavior include:
• Treating everyone, staff and offenders alike, with respect
• Speaking without judging, blaming, or being demeaning
• Listening to others with an objective ear and trying to understand their point of view
• Avoiding gossip, name calling, and what may be perceived as offensive or "off-color"
humor
• Taking responsibility for your own behavior
Preventative Measures
You can help reduce sexual violence, staff sexual misconduct, and sexual harassment by taking
various actions during the performance of your duties as a volunteer or private contractor.
The following are ways in which you can help:
• Know and enforce the rules regarding the sexual conduct of offenders.
• Be professional at all times.
• Make it clear that sexual activity is not acceptable..
• Treat any suggestion or allegation of sexual violence, staff sexual misconduct, and sexual
harassment as serious.
• Follow appropriate reporting procedures and assure that the alleged victim is separated
from the alleged predator.
• Never advise an offender to use force to repel sexual advances.
Detection
All staff, including volunteers and private contractors, is responsible for reporting immediately
and confidentially to the appropriate supervisor any information that indicates an offender is
being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual
harassment.
After immediately reporting to the appropriate supervisor, you are required to document the
information you reported. You will be instructed by the supervisor regarding the appropriate
form to be used for documentation.
You will take necessary action (i.e., give direction or press your alarm) to prevent further harm to
the victim.
! have read the information above and understand my responsibility to immediately report any
information that indicates an offender is being, or has been, the victim of sexual violence, staff
sexual misconduct, or sexual harassment.
Volunteer/Contractor Name(Printed) Date Signed
Signature of Volunteer/Contractor Current Assignment within Institution
Contact Telephone Number Supervisor in Current Assignment
Page 2 of 2
City of Palm Springs Agreement Number C5607094
California Department of Corrections and Rehabilitation
Firearm Safety Rules Attachment 1
FIREARM SAFETY RULES
I. Firearm Safety—Basic Rules
a. Treat ALL firearms as if they are loaded! Never forget that a gun,has the potential to
produce serious injury or death in a single instant of carelessness, Safe gun handling Is
a habit to be foiiowed at all times. After you determine that: a gun is unloaded, continue
to handle it as though it were loaded,
b. Never let the muzzle of a firearm point at anything you are not willing to destroy! In
selecting a safe direction, you must also take into consideration that a bullet can ricochet
or glance off any object it strikes, and that bullets can penetrate walls, ceilings,floors.,
and windows,
c: Keep your finger off the trigger until your sights are on target and you are ready firel By keeping your finger completely outside the trigger guard until you have aimed at
the target, you guarantee that any shots you fire will go safely in the direction of your
intended target.
d. Be sure of Your target, backstop and beyond! Remember that a bullet can travel as
much as several miles, so you should be certain of what your bullet could strike before
you pull the trigger. Never fire at a movement, a noise, a flash of color,or a rustling bush
without positively identifying your target.
it. Firearm Safety— Range Rules
a. Ear and Eye protection is mandatory.
b. Do not violate range limits. (Above and Below target, Right and left of Range)
c. Never fire ammunition that is damaged or of questionable condition. (Only duty ammo In
stale Issued firearm) a Rangemaster.
d. Do not manipulate your firearm, unless Instructed to by
e. Do not anticipate range commands.
f, Do not remove or discard anything on the firing line. (Trip hazards:jacket/hats/ammo
boxes)
g. Absolutely no running, horse playing, smoking, eating, drinktrrg, or excessive talking
while on the firing line,
h. I n the event.of a "Squib"round, do not fire a succeeding round. Raise your non-shooting
hand and wait for assistance.
i. When cleaning your firearm, and prior to reassembly, ensure there are no obstructions In
the barrel.
Page Iof1
EaR�"�sA
Ca
y N
. city council Staff Report
C'4[IFOIL %
DATE: January 24, 2018 CONSENT AGENDA
SUBJECT: RANGE SERVICES AGREEMENT BETWEEN PALM SPRINGS POLICE
DEPARTMENT AND STATE OF CALIFORNIA, DEPARTMENT OF
CORRECTIONS AND REHABILITATION, 2017-2019
FROM: David H. Ready, City Manager
BY: Police Department
SUMMARY
It is recommended that the City Council approve an agreement between the Palm
Springs Police Department (PSPD) and State of California-Department of Corrections
and Rehabilitation (CDCR) for Firing Range Services through June 2019.
RECOMMENDATION:
1. Approve a facilities use agreement with the State of California-Department of
Corrections and Rehabilitation to use the Palm Springs Police Department's
Firing Range, in the amount of $3,850.00 revenue to the City from November 1,
2017 through June 30, 2019.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
A contractual agreement between the Palm Springs Police Department and the State of
California-Department of Corrections and Rehabilitation is proposed to allow sworn
agents of CDCR, Division of Adult Parole Operations (DAPO), Southern Region staff to
utilize the PSPD Firing Range and associated resources (PSPD Rangemaster,
classrooms, safety equipment, etc.) for monthly, quarterly, and evening use, as needed
through June 30, 2019.
FISCAL IMPACT:
Revenue to the City of Palm Springs from this agreement will be approximately
$3,850,00. There will be no impact to the general fund.
rmM NO.�. 'Z'._—
City Council Staff Report
January 24, 2018, Page 2
Approval of Agreement between PSPD and State of California-CDCR
Bryan Reyes, Chief of Police David H. Ready, City M ger
Attachments:
1) CDCR Firing Range Services Contract
Cz
STATE OF CALIFORNIA—DEPARTMENT OF CORRECTIONS AND REHABILITATION EDMUND G.BROWN JR.,GOVERNOR
DIVISION OF ADMINISTRATIVE SERVICES
,
OFFICE OF BUSINESS SERVICES „
9839 Old Placervillp Road,Suite B-2
Sacramento,CA 95821
ke~
December 8,2017
City of Palm Springs
David Ready, City Manager
2743 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Dear Mr. Ready:
AGREEMENT NUMBER: C5 607094
SERVICE: FIRING RANGE SERVICES
Enclosed for your signature are the above-referenced Standard Agreements and related
exhibits. This agreement is not valid unless, and until, approved by the DGS, or
under its authority, 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.
Copies of the following document(s) must be returned to CDCR's OBS before this
Agreement can be sent to DGS for approval.
Standard Agreement mod. 213
Please have two (2) copies of the Standard Agreement signed and dated with an
original signature by authorized representative indicated.
Certificate of Liability Insurance
Contractor shall provide proof of self -insurance as per Exhibit D: Special Terms and
Conditions for Public Entity Agreements.
City of Palm Springs
Page 2
Board Resolution
Please provide a certified copy of the board resolution, order, motion, or ordinance of
the local governing body which by law has authority to enter into this Agreement,
authorizing execution of the Agreement as required in the Contractor Certification
Clauses.
All documentation must be returned to CDCR, OBS, at the following address:
California Department of Corrections and Rehabilitation
Office of Business Services
Attention: Veronica Russell
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
If you have any questions or need assistance, do not hesitate to contact me at
(916) 25"429..
Sincerely, �
TVeronica Russell
Contract Analyst
Headquarters Contracts, Unit#3
Contracts Management Branch
Enclosures)
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213(Rev 06/03) AGREEMENT NUMBER
P09.4004
REGISTRATION NUMBER
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: July 1, 2009 through June 30, 2011
3. The maximum amount $6,000.00
of this Agreement is: Six Thousand Dollars and No Cents
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 2 pages
Exhibit B—Budget Detail and Payment Provisions 2 pages
Exhibit B-1 —Rate Sheet 1 page
Exhibit C—General Terms and Conditions* GTC307
Exhibit D—Special Terms and Conditions 3 pages
Exhibit E— Firearms Range Liability Waiver 1 page
Exhibit F—Firearms Range Safety Rules 2 pages
ATTEST: APPROVED BY CITY COUNCIL. PPOOV O F M
tCis
rk ,.
hibitincorporated by reference as a part of this agreement. It may be viewed at www.ols.d ca. o Standard n ua°�eV.
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. Date
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR's NAME(if other than an individual,state whether a corporation,partnership,etc.)
Palm Springs Police Department
BY(Authorized Signature) DATE SIG D(Dn rr type)
PRINTED NAME AND TITLE OF PERS 'DY caNfY that aN condi-
for exemption have been
David H. Ready, City Man Ipiied with and this contrail
nt
ADDRESS Telephone Number `f7t from the Depapprov
��aral Services provai.
200 S. Civic Drive (760) 323-8114 EX., -Pt from DCS a
Palm Springs, CA 92262 t)::>; E ption L �.
STATE OF CALIFORNIA
ppmvall
AGENCY NAME
CAIJEORMA DEPARTMENT OF CORRECTIONS AND REHABILITATION
AAuthorize ,gature) DATE ED(Do not type)
N NAME AND TITLE OF PERS SIG ING ® Exempt per: Per DGS/ORI M
Francisco Hernandez, er, Adul Parole Contracts Unit Not considered hazardous
ADDRESS
10000 Goethe Road, Suite C-1, Sacramento, CA 95827
Palm Springs Police Department. . Agreement No. P09.4004
California Department of Corrections and Rehabilitation (CDCR) Exhibit A
SCOPE OF WORK
FIRING RANGE FACILITIES
The Contractor agrees to provide firing range facilities to the California Department of Corrections and
Rehabilitation (CDCR), Division of Adult Parole Operations (DAPO), 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 pursuant to the reservation provision (Exhibit F).
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 the DAPO, 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 no additional charge, the use of an on-site classroom for the DAPO personnel
during the hours of range use by DAPO.
Each officer/agent of DAPO who will use the PSPD Range facility will provide a signed original copy of the
PSPD Range Waiver to be maintained on file by PSPD (Exhibit E).
The CDCR, DAPO 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 DAPO ammunition shall remain on the
range for collection by PSPD.
The CDCR, DAPO 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. The PSPD will provide safety equipment such as hearing protection and
safety glasses. The DAPO may provide own safety equipment if desired, provided it meets PSPD
specifications and approval.
The DAPO shall make reservations for use of the Range no less than 60 days in advance.
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 billing.
The PSPD Range safety rules and regulations must be followed at all times by all personnel using the
PSPD Range facility. The 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.
1
Palm Springs Police Department Agreement No. P09.4004
CDCR Exhibit A
SCOPE OF WORK
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) 255-2042
Fax Number: (916) 255-2103
Scope of Service/Performance Issues:
Division of Adult Parole Operations
Region IV Headquarter
Michelle Watson
Phone Number: (909) 468-2300 Ext 244
Fax Number: (909) 468-2310
General Contract Issues:
• Office of Business Services
Phone Number: (916) 255-6169
FAX Number: (916) 255-6187
Palm Springs Police Department Agreement Number P09.4004
California Department of Corrections And Rehabilitation (CDCR) Exhibit B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. 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)
Division of Adult Parole Operations
Attention: Accounts Rosina Ortiz
21015 Pathfinder Road, Suite 200
Diamond Bar, CA 91765
2. Bud et 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.
4. City/County 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.
Palm Springs Police Department Agreement Number P09.4004
CDCR BUDGET DETAIL AND PAYMENT PROVISIONS Exhibit B
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 for Public Entities
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 P09.4004
California Department of Corrections and Rehabilitation (CDCR)
Rate Sheet Exhibit B-1
DIVISION OF ADULT PAROLE OPERATIONS
REGION IV
BUDGET SUMMARY
FIRING RANGE FACILITES
California Department of Corrections and Rehabilitation (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 CDCR. Fees for use of the Weapons Cleaning
Area include the gun cleaning solvent tank and compressed air lines.
Fees charged to the agency for the 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 2009/2010 $3,000.00
Fiscal Year 2010/2011 $3,000.00
Total Contract Amount = $6,000.00
Contractor may offer a discount on invoices in order for the invoices to be paid within
thirty (30) days of receipt. Discount offered must be at least one-half of one percent and
a minimum of$5.00.
Discount offered on invoices to be paid within 30 days of receipt= %
The percent of discount (highest discount prevails) may be used in the event of tie
bids. Refer to the Notice to Prospective Bidders, Bid Submission Requirements.
w1 _
GTC 307
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required.No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part,without the consent of the State in the form of a formal written amendment..
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment,unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm,or corporation
furnishing or supplying work services,materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact,percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply(Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry,religious creed,
national origin, physical disability(including HIV and AIDS), mental disability, medical
condition(cancer), age(over 40), marital status, and denial of family care leave. Contractor and
subcontractors shall insure that the evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment. Contractor and subcontractors
shall comply with the provisions of the Fair Employment and Housing Act(Gov. Code §12990
(a-f) et seq.) and the applicable regulations promulgated thereunder(California Code of
Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment
and Housing Commission implementing Government Code Section 12990 (a-f), set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into
this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision(c) of Section 16750 of the
Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act(Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods,materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and(a) the assignee
has not been injured thereby, or(b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of$100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a). The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department."
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
SA ADMINAHOMEPAGEMC-307.doc
Palm Springs Police Department Agreement Number P09.4004
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. Confidentialit 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.
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.
- 1 -
Palm Springs Police Department Agreement Number P09.4004
CDCR SPECIAL. TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D
3. 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.
4. Taxes
Unless required by law, the State of California is exempt from federal excise taxes.
5. Ri-ght 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.
The State may terminate this Agreement and be relieved of any payments should the Contractor fail
to perform the requirements of this Agreement at the time and in the manner herein provided. In
the event of such termination the State may proceed with the work in any manner,deemed proper
by the State. All costs to the State shall be deducted from any sum due the Contractor under this
Agreement and the balance, if any, shall be paid to the Contractor upon demand.
6. Extension of Term
If it is determined to be in the best interest of the State, upon agreement, the State may extend this
contract, with no increase in service cost, for a period of one (1) year or less.
7. 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 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.
-2-
Palm Springs Police Department Agreement Number P09.4004
CDCR SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS Exhibit D
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.
-3-
Agreement No. P09.4004
Exhibit E
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.
I 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 unserstand that a 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 riot 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.
I 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
herby 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 SAFTETY RULES, and agree to
read and follow all fules as stated on the document.
Dated this day of , 20
Signature
Witness/Rangemaster Print Name - Legibly
1
r
Agreement No. P09.4004
Exhibit F
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.
PSPF 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
#3) in the "Rest" position with the weapon held at a 45-degree angle, finer off the trigger
and muzzle pointed downrange to the target area
#4) in loading position with muzzle point2d 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 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.
4. NO ONE will advance or step forward of the firing line, OFF OF THE CLACK RUBBER MAT,
without the express permission or direction of Range officer.
1
Agreement No. P09.4004
Exhibit F
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. 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 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 ABOVE AND BEYOND ANYTHING ELSEI
Rangerules
JAH 12/00
2
Z
iElTATE OF CALIFORNIA
STANDARD AGREEMENT
STO 213(Rev 09l01)
AGREEMENTNUM6ER
P06.4010
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCYS NAME
California Department of Corrections and Rehabilitation
CONTnACTOnS NAME
PALM SPRINGS POLICE DEPARTMENT
2. The term of this July 1, 2006
Agreement is: UpasApprovaHhrough,Tune 30,2009
3. The maximum amount $9,000.00
Of this Agreement is: Nine Thousand Dollars
I
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) 7 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 a corporation,partnership,etc.)
Palm Springs Police Department
BY(Authon !g atu DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON IG
-,DAVDD H. READY, City Manager f
I Hereby 4.rary thec all ranm,,c-s 10�
`ADDRESS - exemption hive o0en corroked wlih and
2_00 S. Civic Drive �r = — this contract Is 2A&mp, from we
Department of General Services
Palm Springs, CA 9226 n-4 [' t2_d� Approval.
STATE OF CALIFORNIA LL ( ( L
AGENCY P.AME r3Yd/1� �
Califomia Department of Corrections and Rehabilitation mate: 66lQ'7
BY(Authorized Signature) DATE SIGNED(Do hot)Ve)
/PRINTED NAME AND TITLE OF PERSON SIGNING [] Exempt per:
Karen V. Smith, Chief, Service Contracts Section
V ADDRESS
1515 S. Street,Room 410 S. Sacramento, CA 95814
ATTEST:
APPROVED BY CITY COUNCIL
City Clerk
mo
1 ` .
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
1. 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 (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 parry, 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 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 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.
-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.
-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 Rec clin 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 Contractors 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
-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.
r
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($) 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 1; dbit 1
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, 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).
c
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/p0
JAH
a
PALM SPRINGS POLICE DEPARTMENT &hibit 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
92) in the firing position pointed at the target area
#3) 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 wom at all times during any periods oractual 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.
1 PSPD FIREARMS RANGE SAFETY RULES
Page 2
4. NO ONE will advwce or step forward of the firing line, OFF OF THE BLACK RUBBER
h4AT, 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. 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 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 VE AND BEYOND ANYTHING ELSE!
Rangerules
7AH 12/00
a