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HomeMy WebLinkAboutMINUTES - 03212006 - C.40 TO: BOARD OF SUPERVISORS ��` Contra FROM: Warren E. Rupf, Sheriff-Coroner g; Ns Costa DATE: March 14, 2006 �'a •---------T County '� SUBJECT: Contract with State of California Department of Motor Vehicles for Use of the Sheriff's Range Facility SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION: APPROVE and AUTHORIZE the Sheriff, or designee, to sign a contract with the State of California Department of Motor Vehicles to accept an amount not to exceed $4,975 for the reimbursement of costs associated with the use of the Sheriff's Range Facility during the period of April 1, 2006 through June 30, 2007. II. FINANCIAL IMPACT: This contractual agreement will allow the Office of the Sheriff to recover the cost of the Department of Motor Vehicles use of the Sheriffs Range Facility. III. BACKGROUND: The State of California Department of Motor Vehicles has investigators that are required to complete firearms qualification on a regular basis. This contract will recover the cost for the use of the Sheriff's firearm's range and classroom and provide a qualified rangemaster, ammunition, targets, and weapons for firearms qualification of the Department of Motor Vehicle investigators. CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: [RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF.13 MMITTEE [D-APPROVE ❑ OTHER SIGNATURE(S): ACTION OF BOA ON 4A cam/,^ r�-1 APPROVED AS RECOMMENDED OTHER ❑ VOTE O I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT i ENTERED ON THE MINUTES OF THE BOARD OF AYES: OES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: Contact: Connie Ames 335-1526 JOHN CULLEN,CLERK OF THE BOARD OF cc: CAO,Justice System Administration SUPERVISORS AND COUNTY ADMINISTRATOR Office of the Sheriff By:`a (y �� , Deputy - I MAR-14-2006 TUE 09:31 AM CONTRACTS FAX NO. 916 657 2367 P. 02 STATt OF CALIFORNIA AGEMENT NUMBER I STANDARD AGREEMENT 05-390 KEGIVI RAI ION NU-...1 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY 9 NAME Department of Motor Vehicles CONTRACTOR'S NAME Contra Costa County Office of the Sheriff 2. The term of this 4/1/2006 through 6/30/2007 Agreement is: 3. The maximum amount $4,975,00 _ of this Agreement is: Four Thousand, Nine Hundred Seventy Five Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A - Scope of Work 2 Page(s) Exhibit B - Budget Detail and Payment Provisions 2 Page(s) * Exhibit C - General Terms and Conditions GTC1005, October 3, 2005 (Numbor) I (Dated) Exhibit D - Special Terms and Conditions 1 Page(s) Exhibit E - Range Rules 2 Page(s) Items shown with an Asterisk('), are hereby incorporated by reference and made p I rt of this agreement as ifaftached hereto. These documents can be viewed at www.ofs.dgs.ca.gov/Sta Idard+Language IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR -� CollrornioPrpartmeneofGenerol Serpicee Uee Only CONTRACTOR'S NAME(11other than on individual,elate whether o oorporolivn,portnerthip,ate.) Contra Costa County Office of the Sheriff BY(Authorized Signature) ASIGND(Do not type PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS 340 Marina Blvd., Pittsburg, CA 94565 _ STATE OF CALIFORNIA AZ;ENCY NAME Department of Motor Vehicles BY(Authorized Stanature) DATE SIGNED(Do not typo) PRINTED NAME AND TITLE OF PERSON SIGNING _ JEANNIE JONES, Contract Officer ADDRESS 2415 First Avenue,Sacramento, CA 95818-2606 Exeter PCC 10351 DT llrin IY CVVV IV" U-41 1111 VVIII,VIV,V STATE OF CALIFORNIA ACREEM NUMBER STANDARD AGREEMENT aro.1113(=31 06-380 I 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME Department of Motor Vehicles CONTRACTOR'S NAME Contra Costa.County Office of the Sheriff 2. The term of this 4/1/2006 through 6/30/2007 Agreement is: 3. The maximum amount $4,975.00 J _ of this Agreement is: Four Thousand, Nine Hundred Seventy Five Dollars _ 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A - Scope of Work 2 Page(s) Exhibit B - Budget Detail and Payment Provisions 2 Page(s) Exhibit C General Terms and Conditions GTC1005 October 3 2005 (Number) (Dated) Exhibit D - Special Terms and Conditions 1 Pages) Exhibit E- Range Rules 2 Page(a) i * Items shown with an Asterisk(`), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR California Deportment orGenrral 9erulcee Uar On CONTRACTOR'S NAME(/f other than on individual,state whether a corporation,partnership,etc.) Contra Costa County Office of the Sheriff BY(Authorized Signature) I DATE SIGNEDDu not type) PRINTED NAME.AND TITLE OF PERSON SIGNING ADDRESS r 340 Marina Blvd., Pittsburg, CA 94565 STATE OF CALIFORNIA _ AGENCY NAME Department of Motor Vehicles_ BY(Authorized Signature) VAT C SldNED(Do not typo) PRINTED NAME AND TI LZ OF PERSON SIGNING JEANNIE JONES, Contract Officer ADDRESS 2415 First Avenue, Sacramento, CA 95818-2606 Exempt Per.PCC 10351 DT i i i Gloria Sutter- DMV _ f _ Page 3 11111\ Il LVVV ---- - 7- IIII Vvlll l\I Iv,V ..,.. ..r. ...v ..... ...... _• 06-390 Page 2 EXHIBITA . SCOPE OF WORK 1. Contractor agrees to provide to the Department of Motor Vehicles(DMV)use of the Contra Costa County Office of the Sheriff Firing Range and Range Classroom for the term of this Agreement. 2. The services shall be performed at the Marsh Creek Detention Facility, 12000 Marsh Creek Road, Clayton, CA 94517. S. The services shall be scheduled in advance for use of the firearms range, use of the range classroom and use of the range lane 3(perishable skill range with mechanical pop-up targets)as follows: Eight days use of the firearms range (eight hours each day); Four days use of the classroom (eight hours each day);and Eight days use of range lane 3(eight hours each day). 4. The Project Managers during the term of this agreement will be: Department of Motor Vehicles Contra Costa County Office of the Sheriff Law Enforcement Training Center Name: Al Bradley Name: Lieutenant Frank Lawrence Phone: (916)657.8834 Phone: (925)427-8249 Fax: (916)657-6736 Fax: (925)427-8497 Direct all contract inquiries to Contract Administrators: Department of Motor Vehicles Contra Costa County Office lof the Sheriff Law Enforcement Training Center Attention: Delia Troyer' Attention: Lieutenant Frank Lawrence Address: 2416 First Avenue,MS F-112 Address: 340 Marina Blvd. Sacramento,CA 95818 Pittsburg, CA 94565 Phone: (916)657-8561 Phone: (925)427-8249 Fax: (916)657.2387 Fax: (925) 427-8497 5. Detailed description of work to be performed and duties of.all parties. i Gloria Sutter- DMV .pdfPage 4 11111\ !'1 LVVV IVL VV•VI 1111 VV„1 ,V ,,,,, •,v• V,V uv• ��V• .. .... EXHIBIT A 05-390 Page 3 A. The Contractor's Range Master shall be incomplete charge and control of all activities at the range during all shoots and training sessions. R. The DMV shall supply, at no cost to the contractor's,a qualified Range Master to assist the Contractor's Range Master during shoots and training session. C. All participants.shall conduct themselves in accordance with Range Ruled, Exhibit E, which is made a part of this Agreement. D. DMV shall supply and bear the cost of all ammunition and any specialized materials necessary to complete training/qualifications shoots. E. The DMV shall limit the use of Contractor's Range Facilities to those individuals permanently assigned to the DMV Investigations Divisions who have peace officer status. The remainder of this page is intentionally left blank. ..__._... . _....._ ..__.._...�... y.._e__..... .... age 5 i IMA-t v-cvvv l vc va,jc nii vvmnnv w' nn nv1 —V 05-390. EXHIBIT B Page 4 i BUDGET DETAIL AND PAYMENT pR VISION L Invoice and Payment For services satisfactorily rendered in conformity with the work specified.in)Exhibit A, and upon receipt and approval of the invoice(s), the DMV agrees to compensate the Contractor all taxes included,paid in arrears as follows: Fiscal Year 2005/2006 $360.00 for each eight hour day for use of the firearms range (not to exceed three (3) days total for a max of$900.00; $160.00 for each eight hour day for use of the range classroom (not to exceed two (2) days total for a max of$300.00;and $25.00 for each eight hour day use of range lane 3(not to exceed five_ max of$125.00. (5)days total for a Fiscal Year 2006/2007 $300.00 for each eight hour day for use of the firearms range (not to exceed eight (8) days total for a max of$2,400.00; $150.00 for each eight hour day for use of the range classroom (not to exceed six (6) days total for a max of$900.00;and $25.00 for each eight hour day use of range lane 3 (not to exceed fourteen (14) days total for a max of$350.00. Invoice(s)shall be submitted in triplicate and shall reference the Agreement number,location of the office where services were provided, and your business name as shown on this Agreement. To ensure prompt.payment,submit invoices to: Department of Motor Vehicles Accounts Payable F•109 P.O. Box 932382 Sacramento,CA 94232.3820 (916)657-6505 2. Budget Contineencv Clause It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. i I Gloria Sutter- DMV .pdf Page 6� 11811 IY GVVV lVL VV•JL lilt VVllllll lVl✓ - llu. l,vl vlV . vv.. . ... EXHIBIT B 05-390 Page 5 If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either: cancel this Agreement with no liability occurring to the State,or offer an Agreement amendment to Contractor to reflect the reduced amount.' Notwithstanding the paragraphs above, the State shall notify the Contractor in writing if contract services are to be stopped or suspended due to Budget Act funding deficiencies. The Contractor shall be entitled to payment for contract services authorized and rendered prior to the State's notification. 3. Prompt Payment Clause Payment will be made in accordance with and within the time specified in the California Prompt Payment Act, Government Code, Division 3.6, Part 3, Chapter 4,5 (Section 927 et seq.) The remainder of this page is intentionally left blank. Gloria SutteF-DMV_pdf 1111n-14-eUM WE UO-Or nil VU111 IVIJ inn Md. u,v VJ. wu, 05-390 Page 6 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Force Mature - The Contractor will not be liable for damages caused solely by any act of war, hostilities, civil war, insurrection or by an unanticipated grave natural disaster or other act of God of an exceptional, inevitable and irresistible character, which could not have been prevented or avoided by the exercise of due care or foresight. When a delay occurs due to any of these unforeseeable causes beyond the control and without the fault or negligence of the Contractor, the time or times of completion of this Agreement may be extended for a period justified by the effect of such delay on the completion of the work. 2. Contractor Name Change - The Contractor shall provide a written notice to the DMV at least thirty (30) calendar days prior to any changes to the Contractor's current legal name. Upon receipt of required documentation, an amendment will be processed in accordance with the terms of this Agreement. Failure to provide notice could impact invoice payment. 3.. Availability of Funds - This Agreement is subject to any restrictions, limitations or conditions enacted by the Legislature which may affect the provisions, terms or funding of this Agreement in any manner. 4. Termination—This contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the agency,or may be terminated immediately by written.mutual consent. Failure to obey all range rules may terminate this contract (See Exhibit E). S. Jurisdiction and Venue - Any civil action that arises out of or relates to this Agreement shall be brought in a court of competent jurisdiction of the State of California. 6. Dispute - Any dispute of fact arising under the terms of this Agreement which is not resolved within a reasonable period of time as defined by the DMV Contract Administrator, shall be brought to the attention of the Chief Executive Officer (or designative representative) of each organization for joint resolution. .If agreement cannot be reached through the application of high-level management attention, either party may assert its rights and remedies under this Agreement. 7. IndQmnification — The DMV agrees to define, save, indemnify and hold harmless the County and its officers and employees from any and all legal liabilities and claims for damages for death, sickness, disease or injury to person(s) and/or property from any cause whatsoever arising from or connected with any use by the Agency, its officers, agents, employees or their guests at the Firearms Range and/or Range Classroom. The remainder of this page.is intentionally left blank. �Glona Suttee- DMV. df :.:.—:.__._..... ...... _—.--. -. ..... ... .. . . _ Page 8 MIX IY CUVV JUL VV^VL 1111 Cxhib)t C' 05-390 ?age 7 +. Safety Glasses and Hearing Protectors must be worn on the range at all times. • Only handguns and ammunition authorized by the Office of the Sheriff a allowed to be fired on the-range (Contra Costa County Sheriffs Office Policies and Procedures 773.43). 0 No rifles larger than .22 caliber are to be fired on the range except as authorized by the Office of the Sheriff(Contra Costa County Sheriff's Ofrce Policies and Procedures 7-3.4:3). Weapons firing RIM FIRE rounds on RANGES 5 & 6 ONLY. 0 Mechanical targets and systems are to be used ONLY when a Range Master is present. • Targets will not be engaged closer than the 7 yard line. 0 Utilize paper targets only. (Cans, bottles,jugs, bowling pins etc. are not approved targets.) 0 .All weapons are to be considered loaded. Keep weapons pointed safely down range;.shooters must be aware of their weapon's trajectory at all times while firing to ensure rounds are stopped safely in the berm behinc targets. NO SHOOTING INTO LATERAL. BERMS, • Police up all brass. *Ensure any live rounds which may have been dropped are picked up. a ties ammunition is allowed in the classroom area.