HomeMy WebLinkAbout6/4/2003 - STAFF REPORTS (7) I�
DATE: June 4, 2003
TO: City Council
FROM: Police Chief Gary Jeandron
AGREEMENT WITH STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS TO
USE THE PALM SPRINGS POLICE DEPARTMENT'S FIREARMS RANGE FACILITY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an
agreement between the State of California Department of Corrections and the City of Palm
Springs, to allow the State of California Parole and Community Services Division to use
the Palm Springs Police Department's Firearms Range Facility to conduct firearms training
for parole agents.
SUMMARY:
Periodically the contractual agreement between the City and the staff of California
Department of Corrections for State use of the Palm Springs Police Firearms Range facility
is renewed. The proposed contract is for a term of one year, from July 1, 2003 through
July 1, 2004-
BACKGROUND:
Since December 1997 the California Sate Department of Corrections has had a contract
with the City to use the Palm Springs Police Department's Firearms Range facility on a
"fee for use" basis. They also agree to pay additional fees for the use of the range firearms
cleaning area- The Department of Corrections now wishes to renew the contract. The Palm
Springs Police Department supports the efforts of the California Department of Corrections
to train their armed Parole Agents locally, in a state of the art facility, as a cost and time
saving measure to the State- The Firearms Range facility is adequately equipped and
staffed to meet the needs of the Department of Corrections.
FISCAL IMPACT:
The Department of Corrections is proposing a 50.00 per hour fee for use of the firearms
range. The Department of Corrections paid the city $1,150.00 during 2002 for their use of
the firearms range.
Gary Jea hief of Police Da d Ready, Ci a ager
Attachment:
1. Contract
2. Minute Order
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STATE OF CALIFORNIA
STANDARD AGREEMENT -APPROVED BY THE ATTORNEY GENERAL CONTRACTNumeER AM No
STD 2(REV.5-91)CDC ELECTRONIC(V94) P03-4001
TAXPAvER3 FEDERAI,EMPLOYER IDENTIFICATION NUmaaH
N/A
THIS AGREEMENT,made and enlered into this 1 St day of Anly ,20 03
in the Slate of Calt£omia,by and between Stare 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 COT and in consideration of the covenants,eon(libons,agreements,and stipulations of d1e State hereinaflcr Cxpresscd,
does hereby agree to fumnsh to the State services and marerials as follows: (Set forth seI to be rendered by Contractor, amount to be paid Contractor,
rime for perfornnrnce or completion and attach plans and specifications.fall.)
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
Attachment B—General Terms and Conditions
Exhibit 1 —Firearms Range Liability Waiver
Exhibit 2 —Firearms Range Safety Rules
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).
CONTINUED ON 10 SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
Tbc provisions on the reverse side hereof constitute a part of this agreement.
1N WITNESS WHEREOF,this agreement has been executed by the parties here%,upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR (Irother@en an mrdmduel Ttctc whcthcra corporatlon partnership,ere)
Department of Corrections PALM SPRINGS POLICE DEPARTMENT
BY(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE)
PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
JANET E. MIURA
TITLE ADDRESS
Assistant Deputy Director, Office of Contract Services 200 S. Civic Drive, Palm Springs, CA 92262
Department of General Services
Use only
/Ph-2-
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 2(REV S-V) (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, materialmen, 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, materialmen, 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 Contractor 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 either 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 compensation for all of
Contractor's expenses incurred In the performance hereof, Including travel and per diem, unless
otherwise expressly so provided.
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGURY(CODE AND TITLE) FUNDTITLF
DOCUMENT
$ (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT ITEM CHAPTER STATUTE FISCAL YEAR
TOTAL AMOUNT ENCUMBERED TO
DATE OBJECT OF EXPENDITURE(CODE AND TI RE)
I hereby certify Upon my own personal knowledge Thal budgeted funds T B.A NO B R.NO
are 3vallablo for the period and purposo of the expendnure slaled above
SIGNATURE OF ACCOUNTING OFFICER DATE
X
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.
/PAY
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.
jD��
MINUTE ORDER NO.
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT BETWEEN THE STATE OF CALIFORNIA
DEPARTMENT OF CORRECTIONS AND THE CITY OF PALM
SPRINGS, TO ALLOW THE STATE OF CALIFORNIA PAROLE
AND COMMUNITY SERVICES DIVISION TO USE THE PALM
SPRINGS POLICE DEPARTMENT'S FIREARMS RANGE
FACILITY TO CONDUCT FIREARMS TRAINING FOR PAROLE
AGENTS.
I HEREBY CERTIFY THAT this Minute Order, authorizing the City Manager between the State of
California Department of Corrections and the City of Palm Springs, to allow the State of California
Parole and Conuuunity Services Division to use the Palm Springs Police Depamrrent's Firearms
Range Facility to conduct firearms training for parole agents was adopted by the City Council of the
City of Palm Springs in a meeting thereof held on the 21 st day of April, 2003.
City Clerk