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HomeMy WebLinkAboutA4373 - DEPT OF CORRECTIONS POLICE FIRING RANGE FIRE RANGE STATE OF CALIFORNIA STANDARD AGREEMENT -AP ED`BYTHE ATTORNEY GENERAL � CONTRACTNUMBER AM NO ,,To 2(REV,5-91)CDC ELECTRONIC 1/94 (� "T* „ P01.4005 A li, •,;9 rin����'O"'""� TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered mto this 1st day of July 120 01 in the State of California, by and between State of California,through its duly elected or appointed,qualified Calif Dept of Corrections Police Firing Range Facil TITLE OF OFFICER ACTING FOR STATE AGENCY AGREEMENT #4373 6-20-01 M06866 Chief, Service Contracts Section Department of Corrections CONTRACTOR'S NAME PALM SPRINGS POLICE DEPARTMENT hereafter called the Contractor. W ITNESSETH That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulauons of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contracta� amount to be paid Contractor, lime for pelfolrnmlce or compietion, and attach plans and specifications, f 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 Scope of Services (Attachment A) and General Terms and Conditions (Attachment B), attached hereto and by reference made a part of this contract. The term of this agreement shall be from July 1, 2001 through June 30, 2002, unless terminated by either party with thirty (30) days written notification to the other party. The total amount payable under this contract shall not exceed Three Thousand Dollars ($3,000). APPROVED AS TO FORM __..._ _— �7PS9�l1- - -- _ .�I,. is )ate CONTINUED ON 10 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. fN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (Itotherthan an mdrndual,state whethera corporation,partnership,elcJ Department of Corrections CITY OF PALM SPRINGS, CALIFORNIA BY(AUTHO RREO�SIGNATURE)- „ &V-(At}T' SIGN J PRINTED NAME OF PERSON SIGNING PRINTE❑NAME ANO TITLE OF PERSO SIG N GAIL TANAKA H. Ready, Cit onager TITLE ADDRESS Chief, Service Contracts Section A-Ilftest �ll Departmen[bt Generdl$'Crvlces,') l U3e Onl I� By ity Clerk I �' j I /'•y� �'3�LJ�1��I4JiS7 IItltlL 1., .Il.,f ����I Af ti�*rn 4���.� - °I. com, RA " ES OM 1SERME.Wi FC T 1 DEPT BF PORRECTIONS AL. 17 15110: 12 01 JUL 30 Mi W: M) STATE OF CALIFORNIA • - • STANDARD AGREEMENT ,?TD 2(REV 5-91) (REVERSE)CDC ELECTRONIC(1/94) PALM SPRINGS POLICE DEPARTMENT 2 P01.4005 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/CATEGORY CODE AND TITLEI FUND TITLE DocuMENr 99 Support Cleanng Account General 3.000.00 OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR 3400/134100 THIS CONTRACT ITEM CHAPTER STATUTE FISCAL YER $ 0.00 TOTAL AMOUNT ENCUMBER Eo rO 5240-001-0001 (5280) Pending 2001 01 02 GATE OBJECT OF EXPENDITURE ICOUE AND TITLE) $ 3.00000 141IFWuRs RNF-BLDG AiRND1`OWS rvII I hereby certify upon my own personal knowledge Ihal budgeted funds r B A NO SR NO are available for the period and purpose of the expenditure slated above SIGNATURE OF ACCOUNTING OFFICER GATE X ��� �' March 9, 2001 STATE OF CALIFORNIA Attachment A Department of Corrections SCOPE OF SERVICES PALM SPRINGS POLICE DEPARTMENT FIRING RANGE FACILITIES Contract No. P01.4005 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 pursuant to the reservation provision at Exhibit 1. 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 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 no additional charge, the use of an on-site classroom for the P&CSD personnel during the hours of range use by P&CSD. Each officer/agent of P&CSD 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 1). The CDC, P&CSD agrees to pay $50.00 per hour, regardless of how many personnel use the facility within the chargeable hour. The CDC, P&CSD 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 P&CSD. Fees for use of the Weapons Cleaning Area, includes 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. i • Palm Springs Police Department Attachment A Scope of Services -2- Contract No. P01.4005 The CDC, P&CSD 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 P&CSD ammunition shall remain on the range for collection by PSPD. The CDC, P&CSD 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 P&CSD may provide own safety equipment if desired, provided it meets PSPD specifications and approval. The P&CSD 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. Attachment B STATE OF CALIFORNIA Department of Corrections GENERAL TERMS AND CONDITIONS PALM SPRINGS POLICE DEPARTMENT FIRING RANGE FACILITIES Contract No. P01.4005 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 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. AUDITS The State or any of its duly authorized representatives will perform periodic financial and operational reviews to determine compliance with contract provisions and shall have access and right to examine, audit, excerpt, or transcribe any books, documents, papers and records of the Contractor which in the opinion of the State may be related or pertinent to the contract. The contracting parties shall be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the contract (Government Code Section 8546.7). The examination and audit shall be confined to those matters Palm Springs Police Department Attachment B General Terms and Conditions -2- Contract No. P01.4005 connected with the performance of the contract, including, but not limited to, the costs of administering the contract. 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. 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. DRUG FREE WORKPLACE CERTIFICATION By signing this contract, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements Palm Springs Police Department Attachment B General Terms and Conditions -3- Contract No. P01.4005 of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. 2. Establish a Drug-Free Awareness Program to inform employees about: a. The dangers of drug abuse in the workplace; b. The person's or organization's policy of maintaining a drug-free workplace; C. anAny d available counseling, rehabilitation and employee assistance programs; d. Penalties that may be imposed upon employees for drug abuse violations. 3. Every employee who works on the proposed contract will: a. Receive a copy of the company's drug-free policy statement; and b. Agree to abide by the terms of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the Contractor may be ineligible for award of any future State contracts if the Department determines that any of the following has occurred: (1) the Contractor has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. 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 Palm Springs Police Department Attachment B General Terms and Conditions -4- Contract No. P01.4005 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 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 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. RECYCLE CONTENT Should materials, goods, supplies offered, or products be used in the performance of this contract, the contractor by signing this contract hereby certifies that the materials, goods, supplies offered, or products meets or exceeds the minimum percentage of recycled material as defined in Sections 12161 and 12200 of the Public Contract Code. 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 contract for the acquisition, operation or maintenance of computer software in violation of copyright laws. 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. Exhibit 1 P01.4005 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 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, 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. 1 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 5/00 JAM Exhibit 2 P01.4005 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 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 #2) in the firing position pointed at the target area 43) 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 cars in order to conserve batteries. Exhibit 3 P01.4005 PSPD FIREARMS RANGE SAFETY RULES Page 2 4. NO ONE will advznce or step forward of the firing line, OFF OF THE BLACK RUBBER MAT, without the express pennission 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 ABOVE AND BEYOND ANYTHING ELSE! Rangerules JAH 12/00