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HomeMy WebLinkAboutC-5179 - Contract for Use of Sheriff's Weapons Firing Range and Live Fire HouseREPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION FROM: SUBJECT May 22, 2012 ROD HOOPS, Sheriff/Coroner/Public Administrator Sheriff/Coroner/Public Administrator CONTRACT WITH CITY OF NEWPORT BEACH, NEWPORT BEACH POLICE DEPARTMENT RECOMMENDATION(S) Approve Contract No. 12-278 with City of Newport Beach, Newport Beach Police Department for use of the Sheriff's weapons firing range and Live Fire House for the period of May 22, 2012 through June 30, 2014. (Affected Districts: All) (Presenter: Greg Garland, Captain, 387-0640) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Maintain Public Safety. The proposed agreement includes the Sheriff Department's (Department) current fees of $100 for half day use of the range (up to four hours), $200 for whole day use (greater than four hours), and $425 per day for use of the live fire house. The actual revenue received by the Department will be determined based on the time spent using the facility; however, the contract does contain a compensation cap of $75,000 as requested by the City of Newport Beach. This item has no impact on discretionary general funding. BACKGROUND INFORMATION Approval of this item will provide the law enforcement staff of Newport Beach Police Department use of the Sheriff's weapons firing range facilities in Devore through June 30, 2014. For a fee, this Police Department will be able to use these facilities for training purposes. The Department's firing range facilities are used, on a contractual basis, by over 50 local law enforcement government agencies and certain private companies throughout San Bernardino, Riverside, Orange and Los Angeles counties in need of periodic firearms qualifications. The Department's Live Fire House is used on a contractual basis by approximately 20 law enforcement and government agencies in need of a tactical training environment. cc: Sheriff -Garland w/ agree Contractor c/o Dept w/ agree ACR -Acct Pay Mgr w/ agree EBIX/BPO c/o Risk Sheriff -Hoops CAO -Forster File - w/ agree jr 6/7/12 ITEM 65 Page 1 of 2 Record of-Actbr of the Board of Supervisors APPROVED (CONSENT CALENDAR) COUNTY OF SAN BERNARDINO Board of Supervisors r4 MOTION AYE ABSENT MOVE SECOND AYE 1� 3 4 5 LAURA H. WC r; THS3�dRD Wk BY Rev 4-19-11 DATED: May 22, CONTRACT WITH CITY OF NEWPORT BEACH, NEWPORT BEACH POLICE DEPARTMENT MAY 22, 2012 PAGE 2 OF 2 The Live Fire House is a unique tactical training environment providing realistic hands -on training, using live ammunition, in real life scenarios. The Department's firing range and Live Fire House are the most convenient place for employees and students of many contractors to complete necessary periodic firearms qualifications. A written agreement is necessary to ensure proper liability coverage, cost recovery, and operating procedures between the parties. Either party may terminate the agreement by providing 30 days advance written notice. REVIEW BY OTHERS This item has been reviewed by County Counsel (Steven J. Singley, Deputy County Counsel, 387 -4271) on April 6, 2012 and the County Administrative Office (Tom Forster, Administrative Analyst, 387 -4635) on May 7, 2012 5/22/12965 County of STANDAF FOR COUNTY USE ONLY o New Chang e Cancel Vendor Code �� Dept. p A Contract Number (/ 6j County Department Dept. Orgn. SHERIFF SHR SHR Contractor's License No. San Bernardino County Department Contract Representative Telephone GREG GARLAND (909)387 -0640 Total Contract Amount Not to Exceed $75,000 F A S Contract Type evenue Encumbered Unencumbered Other: If not encumbered or revenue contract vid e, roe reason: ID CONTRACT Commodity Code I Contract Start Dale 05 -22 -12 ate Original Amount NTE $75,000 Amendment Amount $ Fund AAA Dept. AAA Organization SHR Appr. 200 ce EObj/Rev GRC /PROJ /JOB No RANGE Amount NTE $75,000 Fund Dept. Organization Appr. rce GRC /PROJ /J08 No. Amount Fund Dept. Organization Appr. rce GRC /PROJ /JOB No. Amount Project Name Use of Weapons Firing Estimated Pa yment Total by Fiscal Year FY Amount /D FY Amount I/D Range and Live Fire House 2012 -14 Contract Type I THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the COUNTY and SHERIFF, and Name City of Newport Beach Address Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 -6303 Telephone Federal ID No. or Social Secudly No. (949) 644 -3681 hereinafter called CONTRACTOR IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) WITNESSETH WHEREAS, the COUNTY operates a Weapons Firing Range and a Live Fire House (LFH) located at the Frank Bland Regional Training Center; AND WHEREAS, the CONTRACTOR desires to enter into a contract for the use of said Firing Range for the purpose of firearms training or periodic chemical agent (tear gas) training and /or periodic firearms qualification shoots and of said Live Fire House for the purpose of firearms training; NOW, THEREFORE, the parties agree as follows: Auditor /Controtfer- Recorder Use On/ ❑ Contract Database ❑ FAS Input Date Keyed By Page 1 of 6 SCOPE OF SERVICES A. CONTRACTOR shall make use of the Weapons Firing Range and the Live Fire House at approximately quarterly intervals during each contractual year. CONTRACTOR shall be provided access to the Range as many times as required to ensure that all CONTRACTOR's law enforcement personnel and /or students have successfully completed qualifying shoots and /or training sessions. Use of the Weapons Firing Range and the Live Fire House shall take place during normal range operating hours, at times and dates specified by the Sheriffs Range Master and /or Range Safety Officer. Available Range facilities shall include, but are not limited to, the following: pistol range, rifle range, and classroom facilities. B. CONTRACTOR shall coordinate with a designated COUNTY Range Safety Officer regarding the proper use of the Range and Live Fire House facilities. CONTRACTOR shall ensure that all CONTRACTOR's personnel and students utilizing the Range or Live Fire House are knowledgeable with regard to the proper use of Range and /or Live Fire House facilities. C. Use of the Live Fire House must be approved by the Sheriff's Range Master or designee to assure proper training and qualification and is limited to use by SWAT teams. D. Instructors must consult with the Sheriff's Range Safety Officer for an update of Live Fire House procedures if a 12 month period of non -use has occurred. E. The CONTRACTOR shall supply, at no cost to the COUNTY, a qualified Range Master, who has successfully completed a California Peace Officer Standards of Training (P.O.S.T.) approved (or equivalent) firearms instructor course, who shall personally supervise and control the course of training of CONTRACTOR's personnel and students at the Range and Live Fire House, subject to oversight and approval of the Sheriff's Range Master and Range Safety Officer. CONTRACTOR shall always have at least two safety persons (approved by Sheriff's Department) per scenario on site at the LFH during any training activity. Depending upon the nature of the training activity, Sheriff's Range Master or Range Safety Officers or.equivalent Range /Live Fire House personnel may take direct control of the course of training of CONTRACTOR's personnel and students with the assistance of CONTRACTOR's Range Master. All participants shall conduct themselves in accordance with Range Rules and Regulations, as detailed in Exhibit A and with Live Fire House Regulations and Safety Rules, as detailed in Exhibit B, attached hereto and incorporated herein by reference. 2. Violations of Range rules and regulations may result in immediate termination of CONTRACTOR's Range and Live Fire House privileges. F. The CONTRACTOR shall limit the use of COUNTY's range and Live Fire House facilities to those personnel and students currently employed or enrolled with CONTRACTOR at the time the Range or Live Fire House is used. G. CONTRACTOR shall supply and bear the cost of all necessary supplies or equipment, necessary for shoots or training, above those detailed in the Schedule A attached hereto and incorporated herein by reference. CONTRACTOR shall supply all necessary ammunition and weapons. All expended shell casings shall become the sole property of the COUNTY. Auditor /Controller- Recorder Use Onl ❑ Contract Database ❑ FAS Input Date. Keyed By Page 2 of 6 H. CONTRACTOR shall submit a course of fire to the Sheriff's Range Master or Range Safety Officer prior to CONTRACTOR's initial use of the range or Live Fire House facilities. CONTRACTOR shall submit a new course of fire prior to making any change in use of the range or Live Fire House facilities. CONTRACTOR shall also supply copies of all related certifications of all instructors /safety officers. I. CONTRACTOR shall supply the Range Master or Range Safety Officer with contact information for a lead instructor /Range Master. 11. CONSIDERATION A. CONTRACTOR shall compensate the COUNTY at the rates detailed in the Schedule B attached hereto and incorporated herein by reference, per agency, based upon the actual number of hours per session. Sessions up to four hours will be considered a half day session. Sessions more than four hours will be considered a whole day session. The total compensation for the term of this Agreement shall not exceed Seventy Five Thousand Dollars and 00/100 ($75,000.00) without a written amendment to the Agreement. B. Subject to availability, use of a classroom in conjunction with any training session will be provided at no additional cost. C. Each CONTRACTOR Agency is responsible for session charges. If multiple agencies train together, the charges cannot be combined and will be separately billed. D. CONTRACTOR shall be billed in arrears on a quarterly basis. CONTRACTOR will submit payment to the Sheriff's Department, Administrative Services Division for the costs billed. E. COUNTY shall have the right to renegotiate the rate for Range and Live Fire House and supplies provided under this contract at the end of each fiscal year for the ensuing fiscal year. Any rate change shall be agreed to in writing by both parties in the form of an amendment to this contract. F. It shall be the sole responsibility of the CONTRACTOR to ensure that all shooters arrive for all shoots and /or training sessions. CONTRACTOR is required to submit a roster of individuals in attendance at Training Center. III. TERM AND TERMINATION The term of this contract shall be for a period commencing upon its execution by the San Bernardino County Board of Supervisors and ending on June 30, 2014. Notwithstanding the foregoing, this contract may be terminated at any time with or without cause by CONTRACTOR or by COUNTY upon written notice given to the other party at least thirty (30) days prior to the date specified for such termination. Any such termination date shall coincide with the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Neither party shall incur any liability to the other by reason of termination. Auditor /Controller- Recorder Use Onl ❑ Contract Database ❑ FAS Input Date Keyed By Page 3 of 6 IV. NOTICES Any and all notices required to be given hereunder shall be given in writing by registered or certified mail, postage prepaid. The addresses of the parties hereto until further notice are as follows: CONTRACTOR: City of Newport Beach Newport Beach Police Department 870 Santa Barbara Drive P.O. Box 7000 Newport Beach, CA 92660 -6303 SHERIFF: San Bernardino County Sheriff's Department Administrative Services Division /Contracts Unit P.O. Box 569 San Bernardino, CA 92402 -0569 V. INDEMNIFICATION The CONTRACTOR agrees to indemnify, defend, and hold harmless the COUNTY and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages and /or liability arising out of this contract from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. This indemnity provision is limited solely to the actions of the employee(s) of the CONTRACTOR. CONTRACTOR specifically agrees that this indemnification /defense clause and hold harmless clause is intended to extend to all acts of active or passive negligence, whether sole or concurrent, and that CONTRACTOR's duty to indemnify, defend and /or hold harmless is intended to be as broad and inclusive as is permitted by the law of the State of California, and that further if any portion thereof is held invalid, it is agreed that the balance, shall, notwithstanding, continue in full legal force and effect. Provided, however, that this indemnity does not extend to any environmental hazards or risks. VI. INSURANCE Both CONTRACTOR and COUNTY are authorized self- insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers' Compensation. CONTRACTOR and COUNTY warrant that through their respective program of self- insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement. VII. AUTHORITY The San Bernardino County Sheriff - Coroner or his authorized designee shall have the authority to exercise the rights under this contract including the right to give notice of termination of the contract at his sole discretion. Auditor /Controller- Recorder Use Onl ❑ Contract Database ❑ FAS Input Date Keyed By Page 4 of 6 VIII. FULL UNDERSTANDING This contract represents the full and complete understanding of the parties with respect to the subject matter hereto, and this contract supersedes all prior oral and written agreements or understanding between the parties with respect to the subject matter hereto. This contract shall be governed by the laws of the State of California. Venue for any lawsuit pertaining to this contract shall be Superior Court of California, County of San Bernardino, San Bernardino Division. Any amendment to this contract shall be in writing signed by both parties. IX. CONCLUSION This contract consisting of six (6) pages, Schedules A and B and Exhibits A and B, is the full and complete document describing the services to be rendered by COUNTY to CONTRACTOR, including all covenants, conditions and benefits. [Signatures to follow on next page] Auditor /Controller- Recorder Use Onl ❑ Contract Database ❑ FAS Input Date. Keyed By Page 5 of 6 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:1�- Aaron`E! Harp City Attorney City of Newport Beach ATTEST: Date: Z By: _ & � 4 - *r� Leilani I. Brown City Clerk City of Newport Beach COUNTY OF SAN BERNARDINO Jo ie GonzjA, Ch IE B- 4d f jupe i rs r Dated:/ SIGNED AN << RETIFI D"�F{AT AQOPY OF THIS DOCUMENT, AS'BEEN'0ELI,' ERffb,TO THE CHAIRMAN OF�TIHE 13OARD. a . Laura H. Welch erk of the Board of Supervisors the County of San Bernardino By 6 Uty..C�'° ' 00IN0 t. Approved as Leg4r Form < County Counsel, ¢y Stg -�7 Singh , Deputy Date �✓ CC (\ Auditor/Controller-Recorder Use Only ❑ Contract Database ❑ FAS Input Date Keyed By r� U �FORN1r City of Newport Be (Print or typeC.�eo orporat' n, mpany, contractor, etc.) By ► ed ature -sign in blue ink) Name (Print or type name of person signing contract) Title CHk5­F OF pOLA 0a (Print or Type Dated: 4 --2-0'- rZ- Newport Beach Police Department Address 870 Santa Barbara Drive Newport Beach, CA 92660-6303 Reviewed by Contract Compliance i Presented to IN. Date Date `rt (O— Page 6 of 6 SCHEDULE A SUPPLIES AND SERVICES PROVIDED BY THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT FOR USE OF THE RANGE FACILITIES: 1. Target backing. 2. Target frames (stands). 3. Gun cleaning supplies and a designated area for gun cleaning. ADDITIONAL INFORMATION: o CONTRACTOR will provide targets (serviceable steel only), staple guns and staples. G Inmate assistance for range set up and., target maintenance is available on a limited basis and is not guaranteed. Nighttime use of the range facilities is available on a limited basis and must be approved by the Sheriff's Range Master or Range Safety Officer. Page 1 of 1 SCHEDULE B COST SCHEDULE Charges for Range Use FACILITY HALF DAY (UP TO FOUR HOURS /DAY) FULL DAY (MORE THAN FOUR HOURS /DAY) Range $100 $200 Mat Room $100 $200 RAC House /Simmunition House $100 $200 Gas House $100 $200 Live Fire House $425 $425 Page 1 of 1 EXHOT A THE FOLLOWING SAFETY PROCEDURES WILL BE STRICTLY ENFORCED: 1. Upon arrival, all weapons are to remain holstered until instructed to report to the firing line and given commands for the course of fire. 2. All shooters must wear proper ear and eye protection as approved by the Range Safety Officer. 3. Weapons are to be loaded or down loaded at the firing line or as otherwise instructed by the Range Safety Officer. 4. Only magazines and speed loaders may be down loaded and replaced with live ammunition in the staging area. 5. After completing your course of fire, weapons are to be re- holstered upon leaving the firing line 6. Weapons may be un- holstered in the cleaning room and rendered safe for cleaning by using the bullet containment system located in the cleaning room. 7. A duty round may only be re- chambered at the firing line or by using the bullet containment system located in the cleaning room. 8. Violation of any safety rule will result in removal of the violator from the Range. Flagrant safety violations could lead to suspension of future range privileges to the violator and /or the agency or organization the violator represents. IF THERE ARE ANY QUESTIONS, PLEASE CONSULT THE RANGE SAFETY OFFICER OR RANGE MASTER Page 1 of 1 EXHIBIT B San Bernardino Sheriff's Department Live Fire House Regulations and Safety Rules 1. Approval for use of the Live Fire House must be made by the Range Safety Officer or the Range Master; authorized firearms instructors must be present during use; the primary (lead) instructor is responsible for the safe operation and maintenance of the Live Fire House; all training, presentation, or demonstrations, whether live fire or not, will be under the direct supervision of an instructor; the primary instructor will ensure that all participants involved in live fire training are qualified to do so; all instructors must have satisfactorily completed a "Live Fire House Operations - Instructor Development Course ", as offered by either San Bernardino County Sheriff's Department (or equivalent subject to the approval of the Sheriffs Range Master); the primary instructor will ensure that all participants involved in Live Fire House training receive a safety briefing that includes basic firearms safety, and the safe operating procedures for the Live Fire House; all loading and unloading of weapons will be under the direct supervision of a firearms instructor; the primary instructor will ensure that the following safety equipment is on -hand prior to "Live Firearms Training ", these include, first aid trauma kit, radio or other form of communication, that fire extinguishers are present and charged, and the approach gate to the LFH remains clear of obstruction at all times. 2. Under most circumstances, the student to authorized instructor ratio will not exceed 3 to 1; body armor, eye and hearing protection must be worn by everyone who enters the Live Fire House; prior to live fire exercises, all rooms will be checked to ensure that no personnel are present; firearm instructors will ensure that targets are placed so that, when engaged, rounds will hit the proper backstop and rounds will not'exit the building; authorized /approved frangible ammunition shall only be used, if your ammunition is not on the approved list a test must be conducted by the Range Safety Officer to verify that the ammunition is appropriate for the facility; no metal targets will be allowed; instructors shall review all targets and angles of deflections before beginning live fire; if during any training a safety whistle is blown or a command that is designated as a "Cease Fire" command is made, shooter shall freeze their movement, place trigger fingers outside of trigger guards, depress the weapons muzzles, repeat "Cease Fire" and wait for further commands from the instructor; students are required to follow the direction of the instructors and the safe operating procedures at all times, failure to do so is just cause for removal from training, all observers are required to follow the safety rules established for the Live Fire House at all times, failure to comply with these safety rules is just cause for removal from the Live Fire Facility; instructors shall ensure that no shots impact any containment wall closer than 18" from its upper edge; instructors shall monitor students to ensure that firing positions are not taken that may endanger other students or may allow fired round(s) from escaping the containment area. 3. The red range flag must be posted prior to use; at the conclusion of the training session the building shall be checked for damage, fire and then secured; all damage not consistent with normal wear must be repaired, replaced and reported. 4. The entrance gates to the Live Fire House will be closed during all live fire exercises, with entry being approved only by the primary safety officer; no unauthorized persons shall be present in or around the Live Fire House without checking in with the safety officer and having his or her consent to be present; any injuries must be immediately reported to the Range Safety Officer or Range Master; a post operation inspection of the Live Fire House facility will be made by the primary instructor to insure the following: all weapons, ammunition, diversionary devices, body armor, and other equipment used during the training period are accounted for, that brass has been collected and that all other debris within the Live Fire House has been removed, that no student(s) has sustained any injuries during training, that no damage has been caused by the training; account for all personnel who used the Live Fire House. 5. All agencies seeking to use the Live Fire House must have a current contract with the County of San Bernardino for such use, and insurance document, on file; curriculum of exercises that are to be conducted in the Live Fire House must be submitted in advance to the Range Safety Officer for his /her approval; specific safety policies and procedures of the San Bernardino County Sheriff's Department must be followed at all times; firearms shall not be handled by persons with a blood alcohol content in excess of .00% by weight or under the influence of drugs or medication that would impair their motor skills, judgment, or balance; and no chemical agents may be used in the Live Fire House. Page 1 of 1