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HomeMy WebLinkAboutCALIFORNIA, STATE OF - DEPT. OF JUSTICE 1 - 2007 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) ~ 'I', ' : ) ;,. :F i OF I _ . \: I'. ...1 --! 0./ -{; '? I o:U+C (!. G9~ N-2007-040 [:1 : AGREEMENT NUMBER 06-7595 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME DEPARTMENT OF JUSTICE CONTRACTOR'S NAME CITY OF SANTA ANA POLICE DEPARTMENT 2. The term of this 02/01/07 through 01/31/08 Agreement is: 3. The maximum amount $ 1,420.00 of this Agreement is: One Thousand Four Hundred and Twenty Dollars and Zero Cents 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 AQreement: Exhibit A - Scope of Work 16 Page (s) Attachment 1 2 Page (s) GTC306 Exhibit B - Budget Oetail and Payment Provision Exhibit C' - General Terms and Conditions Check mark one item below as Exhibit 0: []I Exhibit 0 - Special Terms and Conditions o Exhibit 0' - Special Terms and Conditions (Attached hereto as part of this agreement) 4 Page (s) 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.govIStandard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, ete.) CITY OF SANTA ANA POLICE DEPARTMENT BY (Authorized Signature) DATE SIGNED rh PRINTED NAME AND TITLE OF PERSON SIGNING KIM HAGEN ADDRESS 60 Civic Center Plaza Santa Ana CA 92702 STATE OF CALIFORNIA AGENCY NAME DEPARTMENT OF JUSTICE BY (Authorized Signature) DATE SIGNED rh PRINTED NAME AND TITLE OF PERSON SIGNING D Exempt per: JOAN E. K/RTLAN, Manager, Contracts & Purchasing ADDRESS 1300 I Street, 7th Floor Sacramento, CA 95814 CITY OF SANTA ANA POLICE DEPARTMENT Agreement Number 06.7595 Page 1 of 16 EXHIBIT A (Standard Agreement) SCOPE OF WORK 1. Contractor agrees to provide the use ot the Santa Ana Police Department's Firing Range and Facility to the Department of Justice (DOJ) as described herein: The Contractor shall provide utilization of the shooting facility to approximately ten (10) special agent personnel from the Bureau of Narcotic Enforcement (BNE) and the Criminal Intelligence Bureau (CIB), for quarterly proficiency testing and training as mandated by the California Peace Officers Standards and Training (POST). Contractor's services shall be in accordance with Attachment 1, "The Agreement Between the City of Santa Ana and the California Department of Justice for Use of the Santa Ana Police Department Shooting Facility", which is hereby incorporated into this Agreement. 2. Firing range and facility is located at 60 Civic Center Plaza, Santa Ana, CA 92702. 3. The project representatives during the term of this Agreement will be: Contractor: Santa Ana Police De t. Name: Kim Ha en Phone: 714 245.8088 Fax: Not Available ATTACHMENT 1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CALIFORNIA DEPARTMENT OF JUSTICE FOR USE OF THE SANTA ANA POLICE DEPARTMENT SHOOTING FACILITY This Agreement is made and entered into on the by and between the, California Department of Justice - Bureau of Narcotics Enforcement and Criminal Intelligence Bureau (hereinafter referred to as the DOJ) and the City of Santa Ana, a Municipal Corporation and Charter City, (hereinafter referred to as "Santa Ana"). RECITALS I. Santa Ana has constructed and operates a police pistol range located on its property at 60 Civic Center Drive, Santa Ana California, (hereinafter referred to as "the Facility"); and 2. Santa Ana has employees responsible for management and operation of the Facility (hereinafter referred to as "Santa Ana Rangemasters"); and 3. Santa Ana has promulgated certain rules and regulations (See EXHIBIT "A" and "B"), concerning safety, hours of operation and use of the Facility; and 4. The DOJ desires to enter into an Agreement with Santa Ana permitting the DOJ to use the Facility. COVENANTS NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. Santa Ana agrees to allow those officers, employees and agents of the DOJ - Bureau of Narcotics Enforcement and Criminal Intelligence Bureau who are authorized by the DOl to use the Facility as specified In this Agreement. 2. The DOl agrees to provide Santa Ana with a list of all DOl officers, employees, and agents authorized to use the Facility. Only those persons specified on the authorization list may use the Facility. Additions to or deletions from the. authorization list shall be provided to Santa Ana on a monthly basis. The DOl shall take all reasonable measures to assure that only those persons specified on the authorization list shall be permitted to use the Facility. The authorization list is for informational purposes only and Santa Ana shall have no obligation to screen or to otherwise evaluate the qualifications, other than for safety, of those persons authorized to use the Facility. All screening procedures to qualify those who use the Facility shall be the sole responsibility of the DOl. The DOl further agrees to provide Santa Ana with immediate notification upon tennination of an employee. 3. All officers, employees and agents of the DOl who use the Facility, shall strictly comply with the rules and regulations attached hereto as Exhibits "A" and "8" (including any amendments to Exhibits "A" or "8"), and any other order or directive of Santa Ana. Santa Ana shall supply the DOl with a copy of all rules, regulations and amendments which are not included in Exhibits A or 8. 4. Unless otherwise agreed, the DOl shall provide a Contract Agency Rangemaster, (hereinafter referred to as "CAR") to supervise the range operation and conduct firearms training as required. 5. The Santa Ana Rangemaster may close the Facility at anytime for any purpose. The Santa Ana Rangemaster may exclude any person from using the Facility for violating any rules and regulations relating to safety. Santa Ana reserves the exclusive right to determine the Facility's hours of operation. The DOJ may, upon prior approval of the Santa Ana Rangemaster, use the Facility outside the hours of operation providing there is no conflict with other agency use of the Facility. 6. The DOJ agrees to pay $35.00 per hour with a minimum of two hours for exclusive use of one of the range facilities. The DOJ agrees to cancel any previously scheduled Facility use at least 24 hours before the scheduled date. If previously scheduled Facility time is not cancelled at least 24 hours prior, the DOJ, agrees to pay a $70.00 forfeiture fee. Santa Ana reserves the right to adjust any fees, upon 20 days prior written notice, as necessary to cover any increased cost related to the use of the Facility. Any fee increase shall not be greater than any increase that may be imposed upon any other agency authorized to use the Facility. 7. Santa Ana shall supply targets, eye and ear protection, and a weapon cleaning area only to the DOJ users of the Facility. 8. Santa Ana shall submit a monthly invoice to the DOJ and the DOJ agrees to make payment to Santa Ana on or before 45 days from the date of the invoice. Delay of prompt payment may result in Facility use denial. 9. Santa Ana shall not be liable for any loss, damage or injury of any kind whatsoever to the DOJ, its property, or to any of its officers, employees, agents, guests or invitees, or any other person, caused by any use of the Facility, or by any defect in any building, structure or any other improvement at the Facility or arising from any accident on the premises. The DOJ waives, all claims and demands against Santa Ana for any such loss, damage, or injury. The DOJ hereby agrees to defend and indemnify, save and hold Santa Ana free and harmless from any liability for any loss, damage or injury to the DOJ officers, employees, and agents, other persons or property, and from all costs, expenses and other charges arising from the DOJ use of the Facility in connection with this Agreement, except the DOJ shall not be required to indemnify for any loss, damage, injury or claim arising from the willful acts or negligence of Santa Ana, its officers, employees, or agents. 10. The DOJ agrees and represents that all of its officers, employees, agents, or other personnel that may utilize the Facility are doing so within the course and scope of their duties as an employee, officer, or agent of the DOJ and are in no way employees of Santa Ana. Should any officer, employee, agent or other personnel of the DOJ submit a claim for any injury or damages relating to the use of the Facility, the DOJ agrees to indemnify Santa Ana from any and all such claims whether made by way of civil litigation, arbitration or by the workers' compensation forum except that the DOJ shall not indemnify Santa Ana for any loss, damage, injury, or claim arising from the willful acts or negligence of Santa Ana, its officers, employees or agents. 11. Santa Ana agrees and acknowledges its obligation to inspect, regulate, and operate the Facility such that it complies with all state and federal laws, including but not limited to the following environmental laws, the Carpenter-Presley-Tanner Hazardous Substances Act ("CPTHSA"), California Health and Safety Code Section 25300, et seq., the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 USC Section 9610, et seq., and the Resource Conservation and Recovery Act ("RCRA"), 42 USC Section 6901 (collectively referred to herein as "Environmental Laws". Santa Ana agrees that, as between itself and DOJ, the use of the Facility by DOJ pursuant to paragraph 1 of this Agreement shall not subject DOJ to any liability whatsoever under the Environmental Laws. Santa Ana additionally agrees to properly dispose of any and all waste left by DOJ at the Facility when DOl is acting within the scope and course of this Agreement, and warrants to DOl that Santa Ana shall be the "generator" (as that word is defined in RCRA) of any and all "hazardous waste" that may be transferred from the Facility to any "treatment, storage or disposal facility (TSDF)" (as those terms are defined in RCRA). Finally, Santa Ana warrants to DOl that it hereby fully releases and discharges DOl from any and all liability relating to any future claims that the Facility must undergo remediation activities pursuant to the Environmental Laws. 12. Either party may terminate this Agreement at anytime, without cause upon 30 days prior written notice. 13. The persons executing this Agreement on behalf of the DOl and Santa Ana warrant that (i) they are duly authorized to execute and deliver this Agreement, (ii) formally bound to the provisions of this Agreement, and (iii) the entering into this Agreement does not violate any provisions of any other agreement to which the party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement by their authorized representatives. Date: CITY OF SANTA ANA Jl~;&: DAVIDN. REAM City Manager ATTEST: .~/-7 ~',. "4.. ,/// / ........ .-- '- -,/', ,f ,._#-" _// ....-~ ~-7-~----'-.( ~~P: ~~IC';A<;~ ~;.~i;Zv (J City Clerk APPROVED AS TO FORM: . FLETCHER Y " ~ltfVt?- By: Paul J. Coleman Assistant City Attorney CALIFORNIA DEPARTMENT OF JUSTICE Date: ~ \,\D\ Date: 5 / 7 / 01 /~ Craig uehler, Bureau Chief Criminal Intelligence Bureau EXHIBIT "A" To Pistol Range Agreement 1. REGULATIONS FOR USE OF THE SANTA ANA POLICE DEPARTMENT SHOOTING RANGES BY DOJ PERSONNEL. a. All DOJ personnel shall sign-in prior to using the facility. b. DOJ personnel shall be authorized to use the facility under the following conditions: (1) the DOJ must provide a CAR Rangemaster to supervise and conduct all firearms training; and (2) all DOJ personnel are restricted to the area in and around the range facility. c. Facility hours will be by mutual consent and arranged at least 72 hours prior to use (exceptions can be made by Santa Ana Police Department Rangemaster). d. Parking is limited and the DOJ personnel must either park off the facility or arrange to pool using a DOJ vehicle. DOJ vehicles allowed into the facility may only park adjacent to the gas pumps in a parking slot approved by the Santa Ana Rangemaster. e. All DOJ personnel who come to the Facility by vehicle shall enter through the 6th Street Gate. f. All DOJ personnel who come to the Facility by any other means shall enter through the Police Facility main entrance and be escorted to the Range. g. All DOJ personnel who are not in uniform shall wear a visible police badge or LD. card at all times while in the Police Facility. 2. CONTRACT RANGE OPERATION CONDITIONS a. A Santa Ana Police Department Santa Ana Rangemaster will be present during all operations ofthe Facility and will have ultimate range authority over all users. b. Santa Ana Police Department Rangemasters may provide remediation of marksmanship related shooting problems as needed if desired, and as time permits. c. Santa Ana Police Department shall approve all ammunition used on the Facility prior to it being fired. No centerfire rifle caliber ammunition shall be permitted. d. Santa Ana Police Department may supply targets. e. Santa Ana Police Department will supply ear and eye protection. f. Santa Ana Police Department will supply weapon-cleaning facilities. g. Santa Ana Police Department may provide secure storage for DOJ ammunition and cleaning supplies. h. It shall be the responsibility of the CAR to ensure all weapons used at the facility are safe and in serviceable condition. 3. DEPARTMENT POLICIES All DOJ personnel shall comply with all applicable provisions of the City of Santa Ana Police Department Firing Range Safety Policy attached hereto as Exhibit "8" and all subsequent amendments. EXHIBIT "B" to Pistol Range Facility Agreement FIRING RANGE SAFETY, POLICY AND PROCEDURES PURPOSE The purpose of this memorandum is to institute policy and procedural guidelines for the use of the Santa Ana Police Shooting Ranges. Additionally, it establishes the following: 1. Provides for the highest level of safety and protection for all users of the Santa Ana Shooting Ranges; and 2. Furnish a safe environment to allow for a professional training experience. DEPARTMENT POLICIES All personnel shall comply with all applicable provisions of the City of Santa Ana Police Department Firing Range Safety Policy as outlined herein and attached hereto as Exhibit "A" and all subsequent amendments. The following policy is established for use of the Firing Facility: 1. A Santa Ana Rangemaster will be physically present at the Facility at all times. 2. The Santa Ana Rangemaster will brief and sign-out the Facility to the agency CAR who will be responsible for the training session and Facility property. At the completion of training the Santa Ana Rangemaster will inspect the Facility for cleanliness and serviceability in the presence of the CAR noting any significant new damage to any equipment or Facility property. Santa Ana will also: a. Provide ear and eye protection. b. Provide appropriate paper targets for the Caswell Cas-rail target retrieval system. c. Provide the outside agency with a secure ammunition storage area. d. Provide the outside agency the use of a weapons cleaning room and secure storage for cleaning equipment. e. Approve all outside agency courses of fire before shooting. Once approved, no deviation from the approved course will be authorized without prior approval. f. May provide a Santa Ana Rangemaster to supervise the operation of the Facility when outside agencies do not have a CAR, and have made additional contractual agreements to train in the Facility. Shooters so authorized can only shoot a course of fire, which has been approved by their agency and that, can be fired from the static firing positions. Supervision will be limited to ensuring compliance with procedures, policy, and safety. Shooters in this category will not normally be allowed to train forward of the firing line. g. Provide a list of rules and regulations to outside agencies concerning the safety and operation of the Facility complex. h. Require a minimum of 24- hour notice of cancellation of range training in order not to forfeit Facility fees. 1. Establish a point of contact for each agency for the purpose of coordination concerning the Facility scheduling, parking and access control. RANGE OPERATION The Facility shall be operated in accordance with the following: I. The Santa Ana Rangemaster shall have the sole authority on the Facility and is responsible for its safe and efficient operation. 2. All persons entering the Facility shall follow the directions of the Santa Ana Rangemaster and shall adhere to the posted rules. 3. The SAPO Rangemasters Office, SAPO Ammunition Storage Room, and the Weapons Repair Room are strictly off-limits to unauthorized personnel for security and safety reasons. 4. The Facility is for the use of the Santa Ana Police Department Officers, Reserves, contract agencies, and others as approved by the Chief of Police, Administration and Support Captain or the Training Commander. 5. The Facility shall only be used under the supervision of an approved Santa Ana Rangemaster, or another qualified instructor as approved in writing by the Training Commander. 6. The Facility is available, by appointment with the Santa Ana Rangemaster, for retired Santa Ana Police Department officers to comply with Penal Code provisions for CCW permits. 7. All weapons cleaning will he carried out in the designated cleaning rooms. 8. No unsafe practices will be tolerated. Weapons shall be cleared and checked, using the firing lines under the supervision of an approved Rangemaster, or the weapon-clearing barrel before cleaning. The loading/unloading of firearms shall only be carried out using one ofthe safety barrels located in the Range, cleaning rooms, or on the firing line under the supervision of a Rangemaster. 9. Personnel entering the Facility shall immediately report to the Santa Ana Rangemaster and shall adhere to the following procedures: a. Sign in or check in. b. Receive and follow the Rangemaster's instructions regarding the preparation and conduct of the course of fire or training to be conducted; and complete it as directed. c. Once the course of fire is completed, follow the Santa Ana Rangemaster instructions regarding cleaning, and lubricating and or reloading ofthe weapon for duty. d. Reload the weapon before returning to duty using one of the safety barrels located in the cleaning rooms or reload on the firing line at the direction and under the supervision of the Santa Ana Rangemaster. WEAPONS The following policy and procedures apply to all weapons used in the Facility: 1. The Santa Ana Rangemaster shall inspect all weapons that are being shot for the first time before they are fired on the Range. In the case of Santa Ana officers, the weapon must also have an Authorization slip on file. 2. While shooting on the Range, or while in the immediate vicinity of an in- progress firearms course, all personnel shall wear eye and ear protection. 3. Once weapons are loaded in preparation for shooting, they shall be de- cocked and remain holstered unless on the firing line ready to shoot and/or participating in a course of fire. (Hot Range Format) 4. Only authorized weapons and ammunition shall be fired in the ranges. If there is any doubt or question as to whether a specific type of weapon or ammunition can be used, it shall be referred to the Department Santa Ana Rangemaster/ Armorer for authorization before shooting. 5. The following equipment restrictions apply: a. Authorized weapons are handguns up to and including .45 cal. b. No centerfire rifle caliber ammunition is authorized to be fired in the lower range. c. Magnum ammunition, tracer, incendiary, or armor piercing ammunition is strictly prohibited from being used in the ranges. RESPONSIBILITIES Santa Ana Rangemasters and CAR's shall abide by the following: 1. All Instructors shall demonstrate a proactive safety attitude and exhibit a professional demeanor at all times while in the Facility. 2. Allow no one to use the Facility that has a pre-existing injury or condition(s), which may affect their ability to safely use the Facility or participate in firearms training. 3. Any intentional violation of safety guidelines, gross displays of improper range procedures or lack of sound judgment, which in the Rangemasters opinion places others at risk of injury, shall result in the immediate removal of the individual(s) from the Facility. 4. The Santa Ana Rangemaster on duty shall be responsible for inspecting the Facility before and after use by an outside agency. This inspection will include cleanliness and serviceability of equipment. Damage and or cluttered conditions will be brought to the attention of the CAR for correction. FIREARMS TRAINING Firearms training shall be conducted under the following conditions: I. Santa Ana Police Department personnel shall only be trained using approved Firearms Training Courses and or Training Scenarios which have been approved by the Training Commander. 2. Firearms Training which falls outside the normally scheduled training shall be approved by the Training Commander before being conducted. 3. SWAT tactical training will not be conducted in the Facility unless it has the prior approval of the Training Commander and is conducted under the direct supervision of the SWAT Commander or his designee. 4. Contract agencies authorized to use the Range Facility shall have their courses of fire approved by the Santa Ana Rangemaster before shooting. Santa Ana Police Department reserves the right to deny or request modification to any course of fire if it is determined the course may be dangerous to personnel or damaging to range property and or equipment. 5. The Santa Ana Rangemasters are the ultimate authority concerning range safety, policy, and use. Decisions made by any Santa Ana Rangemaster shall be followed. Disputes and or controversial decisions may be referred to the Department's full time Santa Ana Rangemaster for resolution. Matters beyond the Rangemaster's authority shall be referred to the Training Commander during daytime working hours or the Watch Commander after hours. EXCEPTIONS Waivers or exceptions to the above policies and guidelines shall only be authorized by the Chief of Police, Administrative and Support Division Captain, Training Commander, or the permanently assigned Santa Ana Rangemaster. Exceptions, when granted, shall be on a one time only basis and must be requested again, each time it is necessary, before conducting the training for which a waiver is required. Any and all exceptions shall be documented. SANTA ANA POLICE DEPARTMENT INDIVIDUAL WAIVER OF LIABILITY The City of Santa Ana and the Santa Ana Police Department assume no obligation in offering the use of its Shooting Range Facility to the general public or other public agencies. There is a real possibility of injury occurring when using the Shooting Range Facility, or while on the premises while others are using the Shooting Facility. The undersigned acknowledges that the handling of firearms, or being in the proximity of others using or handling firearms involves a significant risk of serious physical injury including the possibility of death regardless of the skill of the user or the adequacy of supervision or the instructions given. I understand that my signature constitutes a request for permission to use the Shooting Range Facility with knowledge and understanding that I assume the risk that I could be injured. I also understand that the City of Santa Ana would not allow the use of the Shooting Range Facility unless I agree to waive any and all rights, claims, demands, causes of actions including the right to sue the City of Santa Ana or its officers, agents, employees, elected or appointed officials and the Santa Ana Police Department. I understand that by signing this form: A. I am agreeing to assume all risks of physical injury arising out of my use of firearms and other related equipment or participation in the activities offered by the City of Santa Ana; B. I am waiving my rights with respect to any injury or damage I may sustain as a result of or in any way related to my use of the Shooting Range Facility, or while on premises when others are using the Shooting Range Facility. By way of illustration, I am giving up my right to sue for inadequate instruction, inadequate supervision, faulty equipment, or dangerous condition of the premises. My agreement to give up the right to sue the City of Santa Ana does not extend to fraud or intentional misconduct of the City of Santa Ana or their officers, agents, employees and representatives; C. I agree to indemnify, defend and hold harmless the City of Santa Ana or its officers, agents, employees, elected or appointed officials and the Santa Ana Police Department from any and all damages, claims or losses caused by my use of any equipment, my actions while participating or being on premises while others are participating in the program. D. I agree to comply with all posted rules and regulations and all orders of the Santa Ana Rangemaster. I have carefully read this form and fully understand its content. I am voluntarily signing this waiver with knowledge of the rights I am giving up and the dangers involved in the activity. Printed N arne Badge # Participant Signature Witness: Date: Agency Santa Ana Police Department Waiver I, , on my own behalf, hereby assume all risks and hazards incidental to the conduct of the activities and transportation to and from the activity and hereby waive any and all claims, demands or causes of action I may have or eventually have against, and also hereby release and hold harmless, the City of Santa Ana and/or any officer, agent, employees, elected or appointed officials, or volunteers and the Santa Ana Police Department therefore from any injuries, losses, damages, costs, and expenses allegedly or actually arising out of the use of the Shooting Range Facilities. Date Signed Date: Witness: CITY OF SANTA ANA POLICE DEPARTMENT Agreement Number 06-7595 Page 1 of 2 EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS Payment. For full and satisfactory performance of the services provided pursuant to this Agreement the Department of Justice shall pay the Contractor at a rate not to exceed $35.00/per hour (with a minimum of two hours) per man shoot for approximately ten (10) agents who will use the range an estimated four (4) time per year (qualifications). The total amount which may be paid under this Agreement shall not exceed $1,420.00 with the actual amount being dependent upon the extent of the Contractor's services required by the Department of Justice. Travel and per diem expenses necessarily incurred in performance of the services rendered shall be reimbursed in accordance with the current State of California, Department of Personnel Administration Regulations applicable to State of California employees. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Department of Justice. The Contractor understands that no Federal or State income tax shall be withheld from the payments under this Agreement However, the State of California is required to report all payments to the Internal Revenue Service and Franchise Tax Board for tax purposes. InvoicinQ. The Contractor shall submit quarterly invoices in triplicate, in arrears, noting Agreement Number, Service Period and Charges to: DEPARTMENT OF JUSTICE Divisions of Law Enforcement Mission Support Branch PO. Box 161089 Sacramento, CA 95816-1089 AUn: Contracts-BNE For all expenses incurred, each invoice must include necessary supporting documents and/or substantiation of travel and per diem costs, except mileage. BudQet ContinQencv 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. 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 Prompt Payment Clause. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code section 927, et seq. Unless expressly exempted by statute, the Act requires state agencies to pay properly submitted, undisputed invoices not more than 45 days after (a) the date of acceptance of goods or performance of services; or (b) receipt of an undisputed invoice - whichever IS later. CITY OF SANTA ANA POLICE DEPARTMENT Agreement Number 06-7595 Page 1 of 1 EXHIBIT C (Standard Agreement) GENERAL TERMS AND CONDITIONS PLEASE NOTE: The General Terms and Conditions will be included in the agreement by reference to Internet site: www.ols.dQs.ca.Qov and click on Standard Language. Please read the terms and conditions that are applicable to this Agreement by accessing the above-referenced website. (Please note that there may be several different versions of the Terms and Conditions on the website. Refer to page one of this Agreement to find the number of the Terms and Conditions that are applicable to this Agreement). By signing this Agreement you are agreeing to be bound by these Terms and Conditions, except as superseded by other terms or provisions of this Agreement. If you do not have access to the Internet, please contact the Department of Justice contact person listed in Exhibit A to this Agreement and a copy of the General Terms and Conditions will be sent to you, CITY OF SANTA ANA POLICE DEPARTMENT Agreement Number 06-7595 Page 1 of 4 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS Control and Direction. The Department of Justice shall at all times maintain control and direction over the scope of work being performed under this Agreement. The Department of Justice reserves the right to change the tasks as defined within the general scope of the work to be performed by the Contractor. These changes shall be accomplished by written amendment to this Agreement. Termination. The Department of Justice reserves the right to terminate this Agreement when such termination is in the best interest of the Department. Such termination is subject to 30 days written notice to the Contractor. Any such termination shall be effected by delivery to the Contractor of a notice of termination specifying whether termination is for default of the Contractor or for the convenience of the Department of Justice, the extent to which performance of services under this Agreement is terminated, and the date upon which such termination becomes effective. After receipt of a notice of termination and except as otherwise directed by the Department of Justice, the Contractor shall: o Stop work under this Agreement on the date and to the extent specified in the notice of termination; o Transfer title to the Department of Justice (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Department of Justice the work in process, completed work and other material produced as a part of, or acquired in respect of the performance, the work terminated. Contractor may submit a written request to terminate this Agreement only if the State should substantially fail to perform its responsibilities as provided herein. Confidentialitv of Data. All financial, statistical, personal, technical, and other data and information relating to the Department of Justice's operations which are designated confidential by the Department of Justice and made available to the Contractor in order to carry out this Agreement, or which becomes available to the Contractor in carrying out this Agreement, 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 Department of Justice to be adequate for the protection of the Department of Justice's confidential information, such methods and procedures may be used, with the written consent of the Department of Justice, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Agreement, or is rightfully obtained from third parties. CODvriQhts and RiQhts in Data. The Department of Justice reserves the right to use, to authorize others to use, duplicate and disclose, in whole or in part, in any manner for any purpose whatsoever, the activities supported by this Agreement that produce original computer programs, writings, sound recordings, pictorial reproductions, drawings, or other graphical representation and works of any similar nature (the term computer programs includes executable computer programs and supporting data in any form). The Department of Justice reserves its right to any original materials produced pursuant to this Agreement. Publications. Before publishing any materials produced by activities supported by this Agreement, the Contractor shall notify the Department of Justice ninety (90) days in advance of any such intended publication and shall submit twenty (20) copies of the materials to be published. Within sixty (60) days after any such materials have been received by the Department of Justice, the Department of Justice shall submit to the Contractor its comments with respect to the materials intended to be published. CITY OF SANTA ANA POLICE DEPARTMENT Agreement Number 06-7595 Page 2 of 4 EXHIBIT D (Con!.) (Standard Agreement) SPECIAL TERMS AND CONDITIONS Publications. (Cont.) The Contractor shall determine, within ten (10) days after receipt of any such comments, whether or not to revise the materials to incorporate the comments of the Department of Justice and shall advise the Department of Justice of its determination within fifteen (15) days after such comments have been received by the Contractor. If the Contractor determines not to incorporate any of the comments of the Department of Justice mto the text of the materials, it may publish the materials provided that the initial preface of introduction to these materials as published contain the following: o A disclaimer statement reading as follows: "The opinions, findings, and conclusions in this publication are those of the author and not necessarily those of the Department of Justice. The Department of Justice reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use and to authorize others to use these materials." o The. comments of the Department of Justice are full, unabridged, and unedited. If the Contractor wishes to incorporate some or any of the comments of the Department of Justice in the text of the materials, it shall revise the materials to be published and resubmit them to the Department of Justice which shall prepare comments on the resubmitted data within thirty (30) days after receipt thereof. Within ten (10) days after receipt of these comments, the Contractor shall determine whether or not to accept or adopt any of the comments on the revised materials as resubmitted to the Department of Justice and shall advise the Department of Justice of this determination within fifteen (15) days after receipt of the comments of the Department of Justice. Thereafter, the materials may be published or revised in accordance with the procedures set forth above for the publication of materials on which the Department of Justice has submitted the comments to the Contractor If the Department of Justice has not submitted its comments on any materials submitted to it within ninety (90) days after the Department of Justice has received any such materials, the Contractor may proceed to publish the materials in the form in which they have been submitted to the Department of Justice but shall include the credit statement and the disclaimer statement set forth above, but without any further comments. Patents. If any discovery or invention arises or is developed in the course of or as a result of work performed under this Agreement, the Contractor shall refer the discovery or invention to the Department of Justice. The Contractor hereby agrees that determinations of rights to inventions or discoveries made under this Agreement shall be made by the Department of Justice, or its duly authorized representative, who shall have the sole and exclusive powers to determine the disposition of all rights in such inventions or discoveries, including title to and license rights under any patent application or patent which may issue thereon. The determination of the Department of Justice, or its duly authorized representative, shall be accepted as final. The Contractor agrees and otherwise recognizes that the Department of Justice shall acquire at least an irrevocable, nonexclusive, and royalty-free license to practice and have practiced throughout the world for governmental purposes and Invention made in the course of or under this Agreement. Assicmment or SubcontractinQ. It is the policy of the Department of Justice to withhold consent from proposed assignments, subcontractors, or novations when such transfer of responsibility would operate to decrease the Department of Justice's likelihood of receiving performance on this Agreement. No performance of this Agreement or any portion thereof may be assigned or subcontracted by the Contractor without the express written consent of the Department of Justice and any attempt by the Contractor to assign or subcontract any performance of this Agreement without the express written consent of the Department of Justice shall be void and shall constitute a breach of this Agreement. Whenever the Contractor is authorized to subcontract or assign, all the terms of this Agreement shall be Included in such subcontract or assignment. CITY OF SANTA ANA POLICE DEPARTMENT Agreement Number 06-7595 Page 3 of 4 EXHIBIT D (Cont.) (Standard Agreement) SPECIAL TERMS AND CONDITIONS Covenant AQainst ContinQent Fees. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Department of Justice shall have the right to terminate this Agreement in accordance with the termination clause and, in its sole discretion, to deduct from this Agreement's price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Disputes. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within fifteen (15) days by the Contractor and the Department of Justice employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. Consultant Services. (Applies On Iv to Consultant Services Contracts) The Contractor is advised that the provisions of Public Contract Code sections 10335 through 10381 pertaining to the duties, obligations, and nghts of a consultant service Contractor are applicable to this Agreement. Within sixty (60) days after completion of this Agreement, the Contract Manager shall complete a written evaluation of Contractor's performance under this Agreement. If Contractor did not satisfactorily perform the work, a copy of the evaluation will be sent to the State Department of General Services, Office of Legal Services, and to Contractor within fifteen (15) working days of the completion of the evaluation (pCC 10369). This evaluation shall not be a public record. Outside LeQal Counsel. (Applies Onlv to Outside Legal Counsel Contracts) The Contractor shall agree to adhere to legal costs, billing guidelines, litigation plans, and case phasing of activities designated by the Department of Justice. The Contractor shall also submit and adhere to legal budgets as designated by the Department and shall maintain legal malpractice insurance in an amount not less than $100,000.00 The Contractor shall also submit to legal bill audits and law firm audits if requested by the Department. The audits may be conducted by employees or designees of the Department of Justice or by legal cost control providers retained by the Department for that purpose. A contractor may be required to submit to a legal cost and utilization review, as determined by the Department. Conflict with ExistinQ Law. The Contractor and the Department of Justice agree that if any provision of this Agreement is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of this Agreement shall remain in full force and effect. Either party having knowledge of such terms or provision shall promptly inform the other of the presumed nonapplicability of such provision Should the offending provision go to the heart of this Agreement, this Agreement shall be terminated in a manner commensurate with the interest of both parties, to the maximum extent reasonable. PrevailinQ WaQe. (Applies Onlv to Moving, Courier, Security, Video Services) No Contractor or subcontractor performing hereunder shall pay any employee actually engaged in the moving and handling of goods being relocated under such contract less than the prevailing wage rate, as prescribed by California by California Government Code Section 14920. It is hereby mutually agreed that the Contractor shall forfeit to the Department a penalty of twenty-five dollars for each calendar day, or portion hereof, for each worker paid by him, or subcontractor under him, less than the prevailing wage so stipulated; and in addition, the Contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. Upon the request of the Department of Industrial Relations, these penalties shall be withheld from progress payment due. CITY OF SANTA ANA POLICE DEPARTMENT Agreement Number 06.7595 Page 4 of 4 EXHIBIT D (Con!.) (Standard Agreement) SPECIAL TERMS AND CONDITIONS Employee Benefits. (Applies Only to Janitorial and Security Guard Services) The Contractor shall comply with Government Code (GC) section 19134, which requires Contractors to provide employee benefits that are valued at least 85% of the state employer cost of benefits provided to state employees for performing similar duties. Employee benefits include health, dental and vision. The benefit rate is published by the Department of Personnel Administration (OPA) February 1" of each year and is effective until January 31" of the following year. Contractor may either provide benefits as described above or cash-in-lieu payments for each hour of service employees perform on the covered state contract (excluding overtime). Failure to comply with the provisions of GC S 19134 will be deemed a material breach of this contract, which may result in contract termination at the state's sole discretion. Contractor may access rates and information at ww_w,QJ:>jl&;l,R()\I', THIS AGREEMENT IS OF NO FORCE AND EFFECT UNTIL SIGNED BY BOTH PARTIES AND APPROVED BY THE DEPARTMENT OF GENERAL SERVICES, IF REQUIRED. CONTRACTOR MAY NOT COMMENCE PERFORMANCE UNTIL SUCH APPROVAL HAS BEEN OBTAINED AND ANY COMMENCEMENT OF PERFORMANCE PRIOR TO AGREEMENT APPROVAL SHALL BE DONE AT THE CONTRACTOR'S OWN RISK.