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HomeMy WebLinkAbout04102 - POLICE FIRING RANGE DEPT CORRECTIONS FIRE RANGE STANDARD AGREEMENT -APPROVED BY THE ATTORNEY GENERAL CONTFAGf Nu =�O�R ,No STD.2(REV.5-71)CDC ELECTRONIC(144) • 0P99,4001 TABPA . L I ICI N N THIS AGREEMENT,made and entered into this 19th day of November , 19 98 Palm Springs Police Dept in the State of California,by and between State of California,through its duly elected or appointed,qualified Provide Firing Range Facil to Dept of Corrections TITLE OF OFFICER ACTING FOR STATE AGENCY AGREEMENT 44102 M06399, 5-5-99 Chief, Service Contracts Section Department of Corrections — —hereafter called the State,and — — CONTRACTOR'S NAME PALM SPRINGS POLICE DEPARTMENT hereafter called the Contractor. ATFNESSETH:That the Contractor for and m 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: (Set forth service to be rendered by Contractor, amount to be paid Contractor, lime for performance or completion,and attach plans and specifications, if any.) Contractor agrees to provide firing range facilities to the Department of Corrections (CDC), Parole and Community Services Division (P&CSD), Region IV as specified herein, and in accordance with the provisions stated herein. All services shall be performed in accordance with the Scope of Services (Attachment A) and General Terms and Conditions (Attachment B). The term of this contract shall be July 01, 1999 through June 30, 2001, The total amount payable for fiscal year 1999/2000 shall not exceed Two Thousand, Eight Hundred Eighty Dollars ($2,880) and for fiscal year 2000/01 shall not Two Thousand, Eight Hundred Eighty Dollars ($2,880). The cumulative total of this contract shall not exceed Five Thousand, Seven Hundred Sixty Dollars ($5,760). CONTINUED ON 9 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. !N WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF ALIFORNIA A ONTRACTOR 3q �j ONiRACTOl,stile w/Nrmer a corponfian,pennershp,etc) of Corre do CITY OGS, CALIFORNIA IGNATURIAME OF P ON SIGNING P D SIGNING `y, S um f c h, y�ySHARON E. PLANCHON Rob W. Parkins, City Manager City Clerk TIRE ADDRESS Chief, Service Contracts Section 3200 Tah uitz Can on Way, Palm Springs CA 92262 DtIpaHment of Gx"Swlces Use Only APtP'RIGIu'F0 ci3 f°°°ILL. C 7V C0 NCEI I hereby certify that all contlf- 2 d,J �� tions for exemption have been complied with and this contract is exempt from the Department of General Services Approval. tlLi"s'LN'M`a iii: T Exempt from DGS app Dual er l a B �6S ExerytP on Le i4 ci7rr e3r,a:r.,.„.� �+ DOX 27,41 STATE OF CALIFORNIA • . STANDARD AGREEMENT STD 2(REV 5-91) (REVERSE)CDC ELECTRONIC(1/94) PALM SPRINGS POLICE DEPARTMENT 2 P99.4001 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 PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE DOCUMENT Support Program 31 General $2,880.00 FY 99/00 (OPTIONAL USE) $2,880.00 FY 00/01 PRIOR AMOUNT ENCUMBERED FOR 3400/34010 THIS CONTRACT ITEM CHAPTER STATUTE FISCAL YEAR $0 Pending 1999 99/00 TOTAL AMOUNT ENCUMBERED TO 5240-001-0001 (5260) Pending 2000 00/01 DATE OBJECT OF EXPENDITURE(CODE AND TITLE) $2,880.00 343 I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.No. are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE X,06,6z Y0&,S,;P- 3/10/99 Palm Springs Police Dep*ent • Attachment A and Department of Corrections, P99.4001 P&CSD, Region IV SCOPE OF SERVICES FIRING RANGE FACILITIES The Contractor agrees to provide firing range facilities to the Department of Corrections (CDC) Parole & Community Division (P&CSD), Region IV Parole Agents. 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 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 4 hours per quarter plus a make up range of 8 hours per quarter for a total of 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 5 shooters per line on each day the facility is utilized. Contractor shall provide at 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 Palm Springs Police Department Range (PSPD) facility will provide a signed) original copy of the PSPD Range Waiver to be maintained on file by PSPD. (Exhibit 1) The Department of Corrections (P&CSD) agrees to pay $50.00 per hour, regardless of how many personnel use the facility within the chargeable hour. The Department of Corrections (P&CSD) agrees to pay $2.00 per officer per agency within a single training day to utilized the Palm Springs Police Department Firearms Range Weapons Cleaning area without cleaning supplies/materials. 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. Palm Springs Police Depent . Attachment A and Department of Correc Ions, P99.4001 P&CSD, Region IV 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 personnel per day, from the same agency, using these optional services will be assessed at a flat group rate of$120.00 per day. The Department of Corrections, 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 Palm Springs Police Department. Department of Corrections, 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. PSPD will provide safety equipment such as hearing protection and safety glasses. P&CSD may proved own safety equipment if desired, provided it meets PSPD specifications and approval. 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 paid in addition to the previously identified facility use fees within thirty days of billing. 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. -2- Palm Springs Police Department and Department of Corrections, P&CSD, Region IV Attachment B STATE OF CALIFORNIA Department of Corrections GENERAL TERMS AND CONDITIONS Contract No. P99.4001 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 P&CSD, Region IV 21015 Pathfinder Road, Suite 200 Diamond Bar, CA 91765 Invoices not received by CDC within 45 days after the end of the billing cycle in which the costs were incurred may be discounted by 1 1/2 percent. In addition, if invoices have not been received by CDC within 90 days after the end of the month in which the costs were incurred, such invoices may be disallowed in their entirety. Payment will be made in accordance with and within the time specified in Government Code Section 926.10. The State's obligations under this contract are contingent upon and subject to the availability of funds appropriated each fiscal year for this contract. AUDITS The State or any of its duly authori2:ed 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 connected with the performance of the contract, including, but not limited to, the costs of administering the contract. Palm Springs Police Department Attachment B and Department of Corrections, Contract No. P99.4001 P&CSD, Region IV -2- RIGHT TO TERMINATE The State reserves the right to terminate this contract subject to 30 days written notice to the Contractor. Contractor may submit a written request to terminate this contract only if the State should substantially fail to perform its responsibilities as provided erein. However, the contract can be immediately terminated for cause. The term "for cause" shall mean that the Contractor fails to meet the terms, conditions and/or responsibilities of the contract. In this instance, the contract termination shall be effective as of the date indicated on the State's notification to the Contractor. If the contract is terminated for cause, CDC reserves the right to conduct a responsibility hearing to determine if the Contractor is a responsible bidder before an award on future contracts can be made. This contract may be suspended or cancelled, without notice at the option of the Contractor, if the Contractor or State's premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority. DISPUTE CLAUSE The parties hereto mutually agree that the resolution of any claims or disputes arising under this contract shall be resolved pursuant to the provisions of the California Department of Corrections Operations Manual. 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, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractors and subcontractors shall comply with the provisions of the Fair Employment Palm Springs Police Department Attachment B and Department of Corrections, Contract No. P99.4001 P&CSD, Region IV -S- 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 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 nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the 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 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. Any available counseling, rehabilitation and employee assistance programs; and 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. Palm Springs Police Department Attachment B and Department of Corrections, Contract No. P99.4001 P&CSD, Region IV -4- 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 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. YEAR 2000 COMPLIANCE The Contractor warrants and represents that the goods or services sold, leased, or licensed to the State of California, its agencies, or its political subdivisions, pursuant to this contract are "Year 2000 compliant." For purposes of this contract, a good or service is Year 2000 compliant if it will continue to fully function before, at, and after the Year 2000 without interruption and, if applicable, with full ability to accurately and unambiguously process, display, compare, calculate, manipulate, and otherwise utilize date information. This warranty and representation supersedes all warranty disclaimers and limitations and all limitations on livability provided by or through the Contractor. Exhibit 1 P99.4001 PALM SPRINGS POLICE DEPARTMENT FIREARMS RANGE LIABILITY WAIVER 1, 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 or even officers from other law enforcement agencies. 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 Flange. As a user of the Firearms Range, 1 am fully aware of some, if not all, of the inherent dangers or risks involved in the Range. These dangers and risks may include: 1. Injury from gunshots, 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). 6. Exposure to chemicals, solvents, sprays, or lubricants used for cleaning firearms. 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 1 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. Dated this day of 1 gg Print Name Witness/Rangemaster Signature Palm Springs Police Department Attachment B and Department of Corrections, Contract No. P99.4001 P&CSD, Region IV -5- 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. LOCAL UNITS AND PUBLIC ENTITIES Local units and government or other public entities (e.g. public universities) must include a resolution from their governing body authorizing the entity to enter into an Agreement. The resolution must be signed and dated by an authorized representative of the organization.