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HomeMy WebLinkAbout04712 - POLICE FIRING RANGE FIRE RANGE STATE DEPARTMENT OF CORRECTIONS DOCUMENT TRACKING Page: 1 Report: One Document Detail October 2, 2007 Condition: Document NumberA4712, Document# Description Approval Date Expiration Date Closed Date A4712 Firearms Training Range Rental 06/04/2003 06/01/2006 Company Name: California Dept. Of Corrections Address: , , Group: POLICE DEPARTMENT Service: In File xRef: POLICE DEPARTMENT Ins. Status: INACTIVE Document Trackinq Items Due Completed Tracking Amount Amount Code Item-Description Date Date Date Added Paid 06-04-03 not provided M07315 term 3 yrs$50.00 per hr total $9,000 07-08-03 to CM for sigs 07-14-03 sent back to Pp to get sigs from dept of p �� corrections 07-14-03 copy of what was sent to PD on barb's back counter in rack 08-28-03 distribution to PD and one to our file kdh note to Renee M -- OK TO CLOSES 10/02/2007 END OF REPORT * * * * * * STATE OF CALIFORNIA STANDARD AGREEMENT -APPROVED BY THE ATTORNEY GENERAL CONTRACTNUMSER AM.NO ' STD.2(REV.5-91)CDC ELECTRONIC(1/94) P03.4001 TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER N/A THIS AGREEMENT,made and entered into this 1 st day of JlIv 120 03 in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Assistant Deputy Director, OCS Department of Corrections hereafter called the state,and CONTRACTOR'S NAME PALM SPRINGS POLICE DEPARTMENT hereafter called the Contractor. WITNESSETH:That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Setforth service to be rendered by Contractor,amount to be paid Contractor, timeforpeiforniance or completion, and attach plans and spectfications,if any) Contractor agrees to provide firing range facilities to the California Department of Corrections (CDC), Parole and Community Services Division (P&CSD), Region IV, in accordance with the following documents, attached hereto and by reference made a part of this contract: Attachment A—Scope of Services Dept of Corrections Attachment B—General Terms and Conditions Firing Range Exhibit 1 —Firearms Range Liability Waiver AGREEMENT #4712 Exhibit 2 —Firearms Range Safety Rules M07315, 6-4-03 The term of this agreement shall be from July 1, 2003 through June 30, 2006. The total amount payable under this contract shall not exceed Nine Thousand Dollars ($9,000). City Mana e Z" David H• ady Afte . gate City Clerk £' CONTINUED ON 10 SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. ✓° �� ��1 The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AG NC CONTRACTOR ofolher than an Individual,state whethera cnrporatlon,partnership,etc.) epartrInent of Qorrect�ips PALM SPRIN ENT BY(AUTHO IZED SIGNATIfttE) BY(AU NO D,SCGNA-nl_ E) RINTg O PERSON SIGNI A PRINTED NAM AND LE OF PERSON SIGNING / fl T E. MIURA I LEt/' ADDRESS Mslstant Deputy Director, Office of Contract Services 1200 S. Civic Drive, Palm Springs, CA 92262 Department of General Services use only G'a6 p1pI QViED By -THE QTV CG©D1AQL t-- l" � - I I Ji Y lo" /br9"2 STATE OF CALIFORNIA STANDARD AGREEMENT .a STD 2(REV 5-91) (REVERSE)CDC ELECTRONIC(1/94) PALM SPRINGS POLICE DEPARTMENT 2 P03.4001 1. The 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, matenalmen. laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract The State agrees to indemnify, defend and save harmless, to the extent authorized by law, the Contractor, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors. subcontractors, materlalmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the State in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Conu-actor should Contractor fail to perform the covenants herein contained 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. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance. if any, shall be paid the Contractor upon demand. 4 Without the written consent of the State, this agreement is not assignable by Contractor ertr.er In whole or in part. 5. Time is of the essence In this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein. shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensator for all of Contractor's expenses incurred in the performance hereof, including travel and per clem, unless otherwise expressly so provided. AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(GOOF AND TITLE) FUND TITLE DOCUMENT gg Support Clearing Account General $3 000.00 (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR 3400/34100 THIS CONTRACT ITEM CHAPTER STATUTE I FISCAL YEAR $ 0.00 TOTAL AMOUNT ENCUMBERED TO 5240-001-0001 (5280) Pending 2003 03 04 DATE OBJECT OF EXPENDITURE(CODE AND TITLE) $3,000.00 334 TING: TRAINING FACILITY RENTAL I hereby certify upon my own personal knowledge that budgeted funds T B A NO, I B R NO are available for the period and purpose of the expenditure stated above SIGNATURE OF ACCOUNTING OFFICER DATE X ��� Lr / � May 13,2003 Attachment A STATE OF CALIFORNIA Department of Corrections SCOPE OF SERVICES PALM SPRINGS POLICE DEPARTMENT FIRING RANGE FACILITIES Contract No. P03,4001 The Contractor agrees to provide firing range facilities to the California Department of Corrections (CDC), 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 CDC, 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 CDC personnel during the hours of range use by CDC. Each officer/agent of CDC 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. CDC agrees to pay $50.00 per hour, regardless of how many personnel use the facility within the chargeable hour. CDC 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. Palm Springs Police Department Attachment A Scope of Services -2- Contract No. P03.4001 CDC 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 CDC ammunition shall remain on the range for collection by PSPD. CDC 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. 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. Attachment B STATE OF CALIFORNIA Department of Corrections GENERAL TERMS AND CONDITIONS FIRING RANGE FACILITIES Contract No. P03.4001 INVOICING AND PAYMENT For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein. Invoices shall include the Contract Number and be submitted in triplicate not more frequently than monthly in arrears to: California Department of Corrections Parole and Community Services Division, Region IV Attn: Farida Hanna 21015 Pathfinder Road, Suite 200 Diamond Bar, CA 91765 Payment will be made in accordance with and within the time specified in Government Code Section 927 et seq. Payment to small businesses shall be made in accordance with and within the time specified in Government Code Section 927 et seq. The State's obligations under this contract are contingent upon and subject to the availability of funds appropriated each fiscal year for this contract. 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. CONTRACT APPROVAL Contracts are not valid unless and until approved by the Department of General Services, if such approval is required by law (Public Contract Code Sections 10335 and 10360). RIGHT TO TERMINATE Either party upon 30 calendar days written notice to the other party may cancel this contract. Such notification shall state the effective date of cancellation and any final performance and/or payment/invoicing requirements. Palm Springs Police Department Attachment B General Terms and Conditions -2- Contract No. P03.4001 NATIONAL LABOR RELATIONS BOARD CERTIFICATION Contractor by signing this contract does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Contractor within the immediately preceding 2-year period because of Contractor's failure to comply with an order of a federal court which ordered the Contractor to comply with an order of the National Labor Relations Board (Public Contract Code Section 10296). NONDISCRIMINATION CLAUSE (STD. 17A) During the performance of this contract, 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, disability (including HIV and AIDS), medical condition (cancer), age (over 40), marital status, denial of family care leave and denial of pregnancy disability 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 (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 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 contract 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. This Contractor shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under contract. STATEMENT OF COMPLIANCE For contracts over $5,000.00, the Contractor, by signing this agreement, certifies under penalty of perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 (a-f) and Title 2, California Code of Regulations, Section 8103. 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 contract, or which become available to the Contractor in order to carry out this contract, 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 Palm Springs Police Department Attachment B General Terms and Conditions -3- Contract No. P03.4001 Contractor's possession that is independently developed by the Contractor outside the scope of the contract 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 contract 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 contract is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collections, maintenance, and disclosure of personal and confidential information about individuals. AMENDMENTS Any modification to this Agreement MUST be in writing, signed by both parties, and approved in accordance with the laws of the State of California. This contract may be amended to extend the term if it is determined to be in the best interest of the State. The Contractor agrees to provide services for the extended period at the rates specified in the original contract. The amendment will be in writing and signed by both parties. UNION ORGANIZING Contractor by signing this agreement hereby acknowledges the applicability of Government Code Section 16645 through Section 16649 to this agreement. 1) Contractor will not assist, promote or deter union organizing by employees performing work on a state service contract, including a public works contract. 2) No state funds received under this agreement will be used to assist, promote or deter union organizing. 3) Contractor will not, for any business conducted under this agreement, use any state property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the state property is equally available to the general public for holding meetings. 4) If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from state funds has been sought for these costs, and that Contractor shall provide those records to the Attorney General upon request. UNION ACTIVITIES Contractor hereby certifies that no request for reimbursement, or payment under this agreement, will seek reimbursement for costs incurred to assist, promote or deter union organizing. AIR OR WATER POLLUTION VIOLATION Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Palm Springs Police Department Attachment B General Terms and Conditions -4- Contract No. P03.4001 Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. LOCAL UNITS AND PUBLIC ENTITIES County, city, district or other local public body MUST include a copy of a resolution, order, motion, or ordinance from their local governing body, which by law has authority to enter into the proposed contract. The resolution, order, motion, or ordinance must authorize execution of the agreement and state who is authorized to sign such agreement on behalf of the governing body. INSURANCE INDEMNITY The State of California is self-insured. PALM SPRINGS POLICE DEPARTMENT Exhibit 1 FIREARMS RANGE LIABILITY WAIVER Contract No. P03.4001 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 understand that certain risks are associated with the use of the Police Firearms Training Range. As a user of the Firearms Range, I am fully aware of some, if not all, of the inherent dangers or risks involved in the use of a firearms training facility. These dangers and risks may include, but are not limited to: 1. Injury from gunshots, bullet fragments, backsplatter, ricochets or flying debris; 2. Injury from defective ammunition or weapons malfunction; 3. Exposure to airborne lead and smoke contaminants; 4. Injury sustained from operator error in firing weapons or operating range equipment; 5. Hearing injury from loud noise (gunfire). While the City and the Police Department takes reasonable steps and precautions to safeguard persons using or visiting the Range, potential hazards and dangers do exist. Use of required safety equipment and strict obedience of all Range safety rules are absolutely required. I agree that, as to any personal injuries from whatever cause resulting from my involvement in said activity, 1 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 sroo JAH Exhibit 2 Contract No. P03.4001 PALM SPRINGS POLICE DEPARTMENT Page 1 of 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 ringer 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 93) in the"Rest" position with the weapon held at a 45-degree angle, finger off the trigger and muzzle pointed downrange to the target area #4) in loading position with muzzle pointed downrange at all times, finger off trigger Additionally, when clearing malfunctions or adjusting sights, the muzzle of the weapon will remain pointed downrange, finger off of the trigger. No weapons will be held and pointed toward the ceiling or held pointed downwards at the shooter's side. 3. Proper eye and ear protection will be worn at all times during any periods of actual weapon firing, no exceptions. Donning eye and ear protection prior to any shots being fired is the responsibility of the shooter. Type of protection to be used is specified by Range personnel. Electronic hearing protection provided by the Range will be turned "off' prior to shooters removing the headset from their ears in order to conserve batteries. Exhibit 2 Contract No. P03.4001 PSPD FIREARMS RANGE SAFETY RULES Page 2 of 2 Page 2 4. NO ONE will advznce or step forward of the firing line, OFF OF THE BLACK RUBBER MAT, without the express permission or direction of Range officer. 5. Individual shooters will place all weapons, ammunition, safety gear, or equipment necessary to shoot with on or at their firing point. Individual equipment, etc.,will not be stored on the firing line table during firing exercises. Once the firing fine 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. S. 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