THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
SHR - 22 - 0072
SAN BERNARDINO
SAP Number
COUNTY
N/A
Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff's Administration
Telephone Number (909) 387-0640
Contractor City of Rialto Police Department
Contractor Representative Mark King
Telephone Number (909)421-4943
Contract Term XX-XX-2022 through 06-30-2027
Original Contract Amount Fee per Service
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
AGREEMENT FOR TRIMESTER CONTINUING PROFESSIONAL TRAINING WHEREAS, the County, through the Sheriff/Coroner/Public Administrator, hereinafter referred to as "Sheriff", conducts Trimester Continuing Professional Training classes for law enforcement personnel (peace officers/arson investigators); AND
WHEREAS, the Contractor desires to enter into an Agreement for the participation of its peace officers/arson investigators in said classes;
NOW, THEREFORE, the parties agree as follows:
A. SCOPE OF SERVICES
A.1 County shall provide Trimester Continuing Professional Training (CPT) to Contractor's peace officers/arson investigators in accordance with the San Bernardino County Sheriff's Department Continuing Professional Training and Qualifications Program. Said training shall be conducted in accordance with guidelines established in the official program manual, a copy of which shall be furnished to Contractor prior to the commencement of services hereunder. Additionally, a copy of said guidelines shall be maintained by County for review by any interested third party.
A.2 County shall provide a four-hour CPT orientation session to Contractor's peace officers/arson investigators, mandatory for all agency personnel entering the program for the first time, designed to prepare individuals for ongoing Trimester CPT. Sheriff's CPT staff shall assess incoming participants as to the necessity of orientation session prior to scheduling ongoing training and for any additional training, as required, for identified deficiencies.
Standard Contract Page 1 of 7
A.3 County shall provide a Safety Officer who shall coordinate with Contractor to ensure the proper use of the County's facilities and communicate identified orientation needs.
A.4 The Sheriff's Safety Officer shall be in complete charge and control of all activities during all training sessions.
A.4.1 All participants shall conduct themselves in accordance with the San Bernardino County Frank Bland Regional Training Center Range Rules and Regulations which will be presented to the participants prior to the commencement of service hereunder.
A.4.2 Violations of the above-mentioned rules and regulations may result in immediate termination of participants' rights to further training under this Agreement.
A.5 It shall be the sole responsibility of the Contractor to ensure that all students arrive for all training sessions.
B. TERM AND TERMINATION
The term of this Agreement shall be for a period commencing on August 1, 2022, or upon the date of approval by the Sheriff, whichever is later, and ending on June 30, 2027. Notwithstanding the foregoing, this Agreement 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 said termination. performance which would otherwise accrue subsequent to the date of termination. Notwithstanding the foregoing, County may terminate this Agreement at any time, without advance notice to Contractor, in the event Contractor fails to comply with any term of this Agreement.
C. FISCAL PROVISIONS
C.1 Contractor shall compensate the County at the rates set forth and attached hereto as Schedule A.
Contractor will be billed in arrears when the orientation session and/or Trimester CPT has been completed. Contractor shall submit payment to the Sheriff's Training Center for the costs billed within forty-five (45) days of invoice.
C.2 Schedule A reflects the rates in effect at the execution of this Agreement. County shall have the right to adjust the rates provided under this Agreement at the end of each fiscal year for the ensuing fiscal year. Any subsequent cost change(s) shall become effective on July 1 of the County fiscal year (July 1 through June 30). Such rate changes) can include changes to Memoranda of Understanding approved by the County Board of Supervisors for County employees, and other inflationary costs. Sheriff shall provide notice to Contractor of pending rate changes) by providing Contractor with a revised Schedule A reflecting such rate changes).
C.3 CANCELLATION POLICY: Contractor agrees to pay the full cost of any scheduled facility session according to the Schedule A charges for the specific time booked unless the reserved time has been cancelled, at a minimum, twenty-four (24) hours prior to the scheduled session time.
Contractor may cancel scheduled sessions by calling the Sheriffs Range office at (909) 473-2549 or by sending an e-mail to: [email protected].
D. INDEMNIFICATION AND INSURANCE REQUIREMENTS
D.1 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 ("Indemnitees") from any and all direct claims, actions, losses, damages and/or liability arising out of this Agreement 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 Indemnitees. The Contractor indemnification obligation does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Revised 03/15/2022 Page 2 of 7
section 2782. Provided, however, that this indemnity does not extend to any environmental hazards or risks.
D.2 Additional Insured
All policies, except for Worker's Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured 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 B) endorsement form ISO, CG 2010.11 85.
D.3 Waiver of Subrogation Rights
The 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.
D.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.
D.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.
D.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the Sheriff's Department to the address referenced in Paragraph F, evidencing the insurance coverage at the time the Agreement is executed, additional endorsements, as required shall be provided 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 this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
D.7 Acceptability 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- D.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.
D.9 Failure to Procure Coverage
In the event that any policy of insurance required under this Agreement does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the Agreement or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County invoices to the Contractor will be increased to pay for County purchased insurance.
Revised 03/15/2022 Page 3 of 7
D.10 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 Agreement. 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.
D.11 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.
For contractors which are considered self-insured public entities: 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.
For contractors which are not considered self-insured public entities: Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the Agreement the following types of insurance with limits as shown:
D.11.1 Workers' Compensation 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 Employer's 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 Agreement.
D.11.2 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 one million dollars ($1,000,000), 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.
g. $2,000,000 general aggregate limit.
D.11.3 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.
Revised 03/15/2022 Page 4 of 7
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 two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
D.11.4 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.
D.11.5 Abuse/Molestation Insurance - Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.
D.12 Any such reduction or waiver for the entire term of the agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this agreement. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
E. RIGHT TO MONITOR AND AUDIT
E.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Agreement. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Agreement and comply with any and all reporting requirements established by the County.
E.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Agreement or until all pending County, State and Federal audits are completed, whichever is later.
F. NOTICES
All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County Sheriff's Department City of Rialto Police Department Bureau of Administration-Contracts Unit
655 East Third Street 128 N. Willow Avenue
San Bernardino, CA 92415-0061 Rialto, CA 92376
Fax: (909) 387-3444
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
G. AUTHORITY
The Sheriff/Coroner/Public Administrator of San Bernardino County shall have the right to exercise the County's authority under this Agreement including the right to give notice of termination on behalf of the County at his sole discretion.
Revised 03/15/2022 Page 5 of 7
H. AGREEMENT AUTHORIZATION
The Contractor warrants and represents that the individual signing this Agreement is a properly authorized representative of the Contractor and has the full power and authority to enter into this Agreement on the Contractor's behalf.
I. ENTIRE AGREEMENT
This Agreement, consisting of seven (7) pages and Schedule A, attached hereto and incorporated by reference, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Agreement and signs the same of its own free will.
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement.
The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request. **********END OF SECTION**********
Revised 03/15/2022 Page 6 of 7
IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers and delivered this Agreement on the Execution Date on its behalf.
Approved as to Legal Form, City of Rialto Police Department (Print or type name of agency/department)
Shal
By »
Name, Title Enres. Vaul City Atterny (Authorized signature - sign in blue ink) Dated: 09-13-2072 Name
(Print or type name of person signing contract)
Title
Agency Name (Print or Type)
Dated:
Signature
Address 128 N. Willow Avenue
Rialto, CA 92376
FOR SHERIFF USE ONLY
Approved as to Legal Form Reviewed/Approved by Sheriff-Coroner Authorized Signature
Richard D. Luczak, Deputy County Counsel Kelly Welly, Chief Deputy Director of Sheriffs Administration
Date Date
Revised 03/15/2022 Page 7 of 7
SCHEDULE A
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
CONTINUING PROFESSIONAL TRAINING (CPT)
FEE SCHEDULE 2022-27 *
TRAINING DESCRIPTION FEE
CPT Orientation Session (per session) $725
CPT Training (per participant, per trimester) $290
* The rates on this page are for the fiscal year 2022-23 only and may be adjusted each fiscal year.
SAN BERNARDINO
COUNTY
****
SHANNON D. DICUS, SHERIFF-CORONER
July 29, 2022
Mark King, Chief of Police
City of Rialto Police Department
128 N. Willow Avenue
Rialto, CA 92376
RE: AGREEMENT FOR CONTINUING PROFESSIONAL TRAINING - FISCAL YEARS 2022- Dear Mr. King:
Attached to this e-mail is the new agreement with San Bernardino County for Continuing Professional Training (CPT) at the Sheriff's training academy facilities by law enforcement personnel of the City of Rialto, Police Department. Changes to the new agreement in 2022 include an increase to the "Per Participant" and "Orientation Session" fees, which continue to reflect the cost to provide the services (Schedule A).
If your agency wishes to continue with the CPT training at the Sheriff's academy, please print out two originals, complete the signature blocks, have both copies signed in blue ink by an authorized individual (i.e., City Manager, Finance Director, etc.), and return both copies with original signatures HARD COPY (do not fold or staple) in the mail to:
San Bernardino County Sheriff's Department
Bureau of Administration-Contracts Unit
655 East Third Street
San Bernardino, CA 92415-0061
In order for the agreement to be processed expeditiously, it must be addressed as listed above.
If your agency prefers to email the signed document, please email one signed complete set to Elizabeth Nieves at [email protected]. Our office will enter the start date on the cover page upon final signature then return a fully executed agreement to you for your records. The training academy's personnel will be updated immediately upon execution of each agreement. If you have any questions or need additional information, please contact Elizabeth Nieves at (909) 387-0310.
Sincerely,
SHANNON D. DICUS, SHERIFF-CORONER
Jose L. Torres, Sheriff's Administrative Manager
Bureau of Administration
SDD/JLT/en
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
655 East Third Street • San Bernardino, California 92415-0061 Post Office Box 569 • San Bernardino, California 92402-0569 Christine Costantino
From: Nieves, Elizabeth < [email protected]>
Sent: Thursday, August 4, 2022 9:51 AM
To: Christine Costantino
Subject: New 2022-27 Contract for Trimester Continuing Professional Training at San Bernardino County Sheriff's Department Academy.
Attachments: CON-SHERIFF-07-26-2022 Continuing Prof Training City of Rialto Police Department 2022-27.pdf; LTR Sign CPT Contracts 2022 City of Rialto PD 202-27.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Mr. Constantino,
Attached to this email is San Bernardino County Sheriff's Department new 5-year Continuing Professional Training (CT) contract, formerly Use of Force training, for your agency's review and signature. This new contract includes updated language and insurance requirements. Please note that changes to the terms and conditions listed in the document are not authorized. The only authorized changes are to the agency's point of contact and/or authorized signer. If everything looks good, please complete the following:
1. Print two (2) copies single-sided.
2. Have your authorized agency officers sign the signature blocks in blue ink only. Please ensure it is an authorized representative who has the full power and authority to legally bind the agency or department to enter into this agreement (refer to section H the contract).
3. Mail both to the following address:
San Bernardino County Sheriff's Department
Bureau of Administration - Contracts Unit
655 East Third Street
San Bernardino, CA 92415
4. Please submit a copy of the Certificate of Insurance prior to the first scheduled date of the use of the range facilities under this new contract.
Please note the contract's effective dates on the cover page will be updated once the contract is fully executed. The CPT fees for fiscal year 2022-23 are listed on Schedule A of the contract. Subsequent years' fees might be updated, but changes will be communicated to your agency by each month of July.
If your agency prefers to email the signed document, please email one signed complete set to Elizabeth Nieves at [email protected]. Our office will enter the start date on the cover page upon final signature then return a fully executed agreement to you for your records.
If you have any questions, please feel free to let me know; I'll be happy to assist.
Thank You,
Elizabeth Nieves
San Bernardino County Sheriff's Department
Bureau of Administration Division
(909) 387-0310
1 CONFIDENTIALITY NOTICE: This communication contains legally privileged and confidential information sent solely for the use of the intended recipient. Any use, review, disclosure, reproduction, distribution, copying of, or reliance on, this communication and any attachment is strictly prohibited. If you are not the intended recipient of this communication you are not authorized to use it in any manner, except to immediately destroy it and notify the sender.