HomeMy WebLinkAboutA3927 - STATE OF CALIF FIRING RANGE USE FIRE RANGE A
STATE OF CALIFORNIA
STANDARD AGREEMENT DIVED BY THE ATTORNEY GENERAL � CONTRACT NUMBER AM NO
STD 2(REV.5-91)CDC ELECTRONIC(1/94) P97.4032
TA%PAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
N/A
THIS AGREEMENT,made and entered into this 4th day of A ri , 19 977
in the State of California,by and between State of California, through its duly elected or appointed,quaP
State of California
i Firn TITLE OF OFFICER ACTING FOR STATE AGENCY Use 9 Range Facilities
P. S. Police Dept.
Chief, Service Contracts Section Department of Corrections AGREEMENT #3927
CONTRACTOR'S NAME M06117, 3-18-98 - --
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 famish 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,ifany.)
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 December 1, 1997 through June 30, 1999.
The total amount payable for fiscal year 1997/98 shall not exceed Two Thousand, Five Hundred Sixty
Dollars ($2,560) and for fiscal year 1998/99 shall not exceed Two Thousand, Five Hundred Sixty Dollars
($2,560). The cumulative total of this contract shall not exceed Five Thousand, One Hundred Twenty
Dollars ($5,120).
CONTINUED ON 8 SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
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,up e date first above wrMen.
STATE OF CALIFORNIA CITY F PALM SPRI ALIFORNIA
AGENCY CONTRACTO an rvldu./, fat her corporation,partnership,etc.)
Departm nt of Correcti s
BY(AU HO ED IGNATU ') / BY(AUTHORIZE)SI NATU Cf y Manager
RI T D NAME OF P SON/NING PRINTED NAME AN I7 E OF PERS SIGNING
SHARON E. PLANCHON ATTEST.
.. -�- _
TITLE ADDRESS \/ y Clerk
Chief, Service Contracts Section 200 South Civic Drive, Palm Springs, CA 92263
Department of General Services
Use Only
I hereby certify, that 4A coGd9-
��U U i�r�UU�;, tions for cxcmg-.tioa ha\tc been
�,n7=Tta'p �f.9 7Cvfz' Complied tllith not# 41is oQuir'Q0
r" 0G� Is exempt from the t1Qi�srlrAott of General Senlioos lApPrcn'idr
Exempt from P;S a?pr al poi'
DGS E 31''p n11 ,4 5e'
Bv:. .w_.�_
Date:
STATE OF CALIFORNIA •
STANDARD AGREEMENT
STD.2(REV.5-91) (REVERSE)CDC ELECTRONIC(1/94)
PALM SPRINGS POLICE DEPARTMENT 2 P97.4032
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(CODEANDTITLE) FUNDTITLE
DOCUMENT Support Program 31 General
$2,560 F/Y 97/98 (OPTIONAL USE)
$2,560 F/Y 98/99
PRIOR AMOUNT ENCUMBERED FOR 3400/34010
THIS CONTRACT ITEM CHAPTER STATUTE FISCAL YEAR
$0 282 1997 97198
TOTAL AMOUNT ENCUMBERED TO 5240-001-0001 (5260) Pending 1998 98/99
DATE OBJECT OF EXPENDITURE(CODE AND TITLE)
$2,560.00 343
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 3/2/98
lay
Palm Springs Police Department • Attachment A
and Department of Corrections, P97.4032
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&i:.SD) 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 Department Attachment A
and Department of Corrections, P97.4032
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.
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26 (
Palm Springs Police Department Attachment B
and Department of Corrections, P97.4032
P&CSD, Region IV
STAKE OF CALIFORNIA
Department of Corrections
GENERAL TERMS AND CONDITIONS
INVOICING AND PAYMENT
For services satisfactorily rendered and upon receipt and approval of the invoices, the State
agrees to compensate the Contractor 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
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 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 three 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.
RIGHT TO TERMINATE
The parties hereto agree that this contract may be cancelled by either party 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
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.
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Palm Springs Police Department Attachment B
and Department of Corrections, P97.4032
P&CSD, Region IV
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 which are as follows:
Verbal Appeal: The contractor and the departmental program coordinator or another
appropriate employee of the unit for which the service is being performed shall first attempt
to resolve the problem by informal discussion. The Contract and Audit Management
Branch shall be used as a resource in solving potential disputes.
Informal Appeal: If the problem is not resolved by informal discussion, the contractor files
its informal written appeal, including any evidence, within 30 working days with the Chief,
CAMB, and provides a photocopy to the appropriate Department's program coordinator for
the contract. The Contractor's grievance states the issues of the dispute, the legal authority
or other basis for the contractor's position, and the remedy sought. The Chief, CAMB,
makes a determination on the problem and responds in writing within 30 working days of
receipt of the grievance indicating the decision reached.
Formal Appeal: If the Contractor disagrees with the first-level appeal decision, the
contractor submits to the Assistant Deputy Director, Office of Financial Management and
Support Services, written notification indicating why the first level decision is unacceptable
with a copy of the original statement of the dispute, any supporting documents, and a copy
of the Department;s response. The contractor sends notification to the Assistant Deputy
Director within 10 working days after the contractor's receipt of the decision of the first level
of appeal. The Assistant Deputy Director or designee may meet with the contractor to
review the issues within 20 working days of the receipt of contractor's notification and
provides the contractor with written notification of the decision within 45 working days from
the receipt of this formal appeal.
Nothing herein shall preclude either party's right to pursue remedy or relief by either
independent arbitration or litigation pursuant to the laws of the State of California.
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.
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 two-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).
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• -3- ?N
Palm Springs Police Department Attachment B
and Department of Corrections, P97.4032
P&CSD, Region IV
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 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.
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 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
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Palm Springs Police Department Attachment B
and Department of Corrections, P97.4032
P&CSD, Region IV
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
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 that organization.
DISABILITY PLACEMENT
By signing this contract, Contractor assures the State that it complies with the Americans
with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination
on the basis of disability, as well as applicable regulations and guidelines issued pursuant
to the ADA.
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• EXHIBIT 1
P97.4032
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 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 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 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 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.
Dated this day of 199
Print Name
Witness/Rangemaster Signature
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