HomeMy WebLinkAboutAGMT - County of San Bernardino (Weapons Firing Range Use) • • Agreement No.: SHR12-0202
AGREEMENT FOR USE OF RANGE/LIVE FIRE HOUSE
This agreement is made and entered into on this first day of July, 2011 (the "Execution Date"), by and between
City of Seal Beach, Seal Beach Police Department (hereinafter the "CONTRACTOR") and the County of San
Bernardino (hereinafter the "COUNTY").
RECITALS
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:
I. 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 Sheriff's 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 bV 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.
1. 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.
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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.
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 an instructors/safety
officers.
I. CONTRACTOR shall supply the Range Master or Range Safety Officer with contact information for
a lead instructor/Range Master.
iL. CONSIDERATION
It CONTRACTOR shalt 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.
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 shalt be billed in arrears on a quarterly basis. CONTRACTOR will submit payment
to the Sheriff's Department, Administrative Services Division for the costs bitted.
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 on the Execution Date 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 SHERIFF 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 at 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.
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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 Seal Beach
Seal Beach Police Department
911 Seal Beach Blvd.
Seal Beach, CA 90740-5601
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 (with counsel reasonably approved by County) and hold
harmless the County and its authorized 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 except where such indemnification is prohibited by law. This
Indemnification provision shall apply regardless of the existence or degree of fault of indemnftees. The
Contractor's indemnification obligation applies to the County's °active° as well as °passive° negligence
but does not apply to the County's 'sole negligence' or 'willful misconduct' within the meaning of CM
Code Section 2782. Provided, however, that this indemnity does not extend to any environmental
hazards or risks.
VI. INSURANCE
The CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If
the CONTRACTOR uses existing coverage to comply with these requirements and that coverage does
not meet the specified requirements, the CONTRACTOR agrees to amend, supplement or endorse the
existing coverage to do so. The type(s)of insurance required is determined by the scope of the contract
services.
A. For CONTRACTORS which are considered self-insured public entities: Both CONTRACTOR and
COUNTY are authorized self-insured public entities for purposes of Professional Uability, 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.
B. For CONTRACTORS which are n9„( considered self-insured public entitles: Without in anyway
affecting the indemnity herein provided and in addition thereto, the CONTRACTOR shall secure
and maintain throughout the contract the following types of insurance with limits as shown:
1. Workers' ComoensationlEmolover Liability—A program of Workers' Compensation insurance
or a state-approved self-insurance program in an amount and form to meet all applicable
requirements of the Labor Code of the State of California, including Employers Liability with
$250,000 limits, covering all persons including volunteers providing services on behalf of the
CONTRACTOR and all risks to such persons under this contract
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If CONTRACTOR has no employees, it may certify or warrant to the COUNTY that it does not
currently have any employees or individuals who are defined as*employees" under the Labor
Code and the requirement for Workers' Compensation coverage will be waived by the
COUNTY's Director of Risk Management
With respect to CONTRACTORS that are non-profit corporations organized under California
or Federal law, volunteers for such entities are required to be covered by Workers'
Compensation insurance.
2. Additional Insured — All policies, except for Worker's Compensation, Errors and Omissions,
and Professional Liability policies, shall contain endorsements naming the COUNTY and its
officers, employees, agents, and volunteers as additional named insureds with respect to
liabilities arising out of the performance of services hereunder. The additional insured
endorsements shall not limit the scope of coverage for the COUNTY to vicarious liability but
shall allow coverage for the COUNTY to the full extent provided by the policy. Such additional
insured coverage shall be at least as broad as Additional Insured(Form 8)endorsement form
ISO, CG 2010.11 85.
3. Waiver of Subrogation Rights — CONTRACTOR shall require the carriers of the above
required coverages to waive all rights of subrogation against the COUNTY, its officers,
employees, agents, volunteers, contractors, and subcontractors. All general or auto liability
insurance coverage provided shall not prohibit the CONTRACTOR and CONTRACTOR's
employees or agents from waiving the right of subrogation prior to a loss or claim. The
CONTRACTOR hereby waives all rights of subrogation against the COUNTY.
4. Policies Primary and Non-Contributory — All policies required above are to be primary and
non-contributory with any Insurance or self-insurance programs carried or administered by the
COUNTY.
5. Severability of Interests — The CONTRACTOR agrees to ensure that coverage provided to
meet these requirements is applicable separately to each insured and there will be no cross
liability exclusions that preclude coverage for suits between the CONTRACTOR and the
COUNTY or between the COUNTY and any other insured or additional insured under the
policy.
6. Proof of Coverage — CONTRACTOR shall furnish Certificates of Insurance to the Sheriff's
Department to the address referenced in Paragraph IV. or third-party contractor working on
behalf of the COUNTY, evidencing the Insurance coverage, including endorsements, as
required,prior to the commencement of performance of services hereunder,which certificates
shall provide that such insurance shall not be terminated or expire without thirty (30) days
written notice to the Department, and CONTRACTOR shall maintain such insurance from the
time CONTRACTOR commences performance of services hereunder until the completion of
such services. Within fifteen (15) days of the commencement of the contract the
CONTRACTOR shall furnish a copy of the Declaration page for all applicable policies and will
provide complete certified copies of the polices and endorsements immediately upon request
7. AcceotabiliN of Insurance Carrier — Unless otherwise approved by Risk Management,
insurance shall be written by insurers authorized to do business in the State of California and
with a minimum`Best Insurance Guide rating of'A-VIP.
8. Deductibles and Self-Insured Retention—Any and all deductibles or self-insured retentions in
excess of$10,000 shall be declared to and approved by Risk Management.
9. Failure to Procure Coverage — In the event that any policy of insurance required under this
contract does not comply with the requirements, is not procured, or is canceled and not
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replaced, the COUNTY has the right but not the obligation or duty to cancel the contract or
obtain insurance if it deems necessary and any premiums paid by the COUNTY will be
promptly reimbursed by the CONTRACTOR or COUNTY payments to the CONTRACTOR will
be reduced to pay for COUNTY purchased insurance.
10. Commercial/General Liability Insurance — The CONTRACTOR shall carry General Liability
Insurance covering all operations performed by or on behalf of the CONTRACTOR providing
coverage for bodily injury and property damage with a combined single limit of not less than
five million dollars($5,000,000), per occurrence. The policy coverage shall include:
(a) Premises operations and mobile equipment.
(b) Products and completed operations
(c) Broad form property damage(including completed operations).
(d) Explosion, collapse and underground hazards.
(e) Personal injury.
(f) Contractual liability.
11. Automobile Liability Insurance—Primary insurance coverage shall be written on ISO Business
Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto).
The policy shall have a combined single limit of not less than one million dollars ($1,000,000)
for bodily injury and property damage, per occurrence.
If the CONTRACTOR is transporting one or more non-employee passengers in performance
of contract services, the automobile liability policy shall have a combined single limit of one
million dollars($1,000,000)for bodily injury and property damage per occurrence.
If the CONTRACTOR owns no autos, anon-owned auto endorsement to the General Liability
policy described above is acceptable.
12. Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to
comply with limits or other primary coverage requirements. When used, the umbrella policy
shall apply to bodily injury/property damage, personal injury/advertising injury and shall
include a 'dropdown' provision providing primary coverage for any liability not covered by the
primary policy. The coverage shall also apply to automobile liability.
13. Insurance Review— Insurance requirements are subject to periodic review by the COUNTY.
The Direction of Risk Management or designee is authorized, but not required, to reduce,
waive or suspend any Insurance requirements whenever Risk Management determines that
any of the required insurance is not available, is unreasonably priced, or is not needed to
protect the interests of the COUNTY. In addition, If the Department of Risk Management
determines that heretofore unreasonably priced or unavailable types of insurance coverage or
coverage limits become reasonably priced or available, the Director of Risk Management or
designee is authorized, but not required, to change the above insurance requirements to
require additional types of insurance coverage or higher coverage limits, provided that any
such change is reasonable in light of past claims against the COUNTY, inflation, or any other
item reasonably related to the COUNTY'S risk.
Any change requiring additional types of insurance coverage or higher coverage limits must
be made by amendment to this contract. CONTRACTOR agrees to execute any such
amendment within thirty(30)days of receipt.
Any failure, actual or alleged, on the part of the COUNTY to monitor or enforce compliance
with any of the insurance and indemnification requirements will not be deemed as a waiver of
any rights on the part of the COUNTY.
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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.
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.
In Witness Whereof,the parties have duly executed and delivered this Contract on the Execution Date.
City of Seal Beach San Bernardino County Sheriffs Department
Seal Beach Police Department
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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:
• CONTRACTOR will provide targets (serviceable steel only), staple guns and staples.
• 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.
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SCHEDULE B
COST SCHEDULE
Charges for Range Use
FACILITY HALF DAY (UP TO FOUR FULL DAY(MORE THAN
HOURS/DAY) 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
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EXHIBIT A
•
NOTICE
RANGE SAFETY ADVISORY
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
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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 Sheriff's 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.
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