REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 11, 2024
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Revenue Agreements with the State of California, Commission on Peace Officer Standards and Training for Emergency Vehicle Operations and Supervisory Courses
End
RECOMMENDATION(S)
Recommendation
1. Approve Revenue Agreement (State Agreement No. 24112115), including non-standard terms, with the State of California, Commission on Peace Officer Standards and Training for the Sheriff/Coroner/Public Administrator to provide emergency vehicle operations courses, in an amount not to exceed $1,020,000, for the period of July 1, 2024 through June 30, 2025.
2. Approve Revenue Agreement (State Agreement No. 24112442), including non-standard terms, with the State of California, Commission on Peace Officer Standards and Training for the Sheriff/Coroner/Public Administrator to provide supervisory level training courses, in an amount not to exceed $91,185.40, for the period of July 1, 2024 through June 30, 2025.
(Presenter: Kelly Welty, Chief Deputy Director, 387-3760)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). As a Commission on Peace Officer Standards and Training (POST) certified Regional Training Center, the Sheriff/Coroner/Public Administrator (Department) provides mandated training to law enforcement personnel. The Department receives revenue for providing the training, which is contingent upon the number of students enrolled in the courses.
The State of California’s (State) reimbursement for emergency vehicle operations courses (EVOC) is not to exceed $1,020,000 for 680 students, at a rate of $1,500 per student. POST establishes minimum enrollment standards to ensure sufficient class size to achieve full cost recovery.
The State’s reimbursement for supervisory level training courses is not to exceed $91,185.40 for four trainings, at a rate of $22,796.35 per training. POST establishes the instructor-to-student ratios and the rates of reimbursement for each course. The Department establishes minimum enrollment standards to ensure sufficient class size to achieve full cost recovery. Sufficient appropriation and revenue has been included in the Department's 2024-25 Recommended Budget.
BACKGROUND INFORMATION
Since 1993, the County has entered into annual agreements with POST to provide EVOC and supervisory level training courses. The revenue agreements and rates of reimbursement are initiated and established annually by POST. Approval of this item will provide reimbursement to the Department for expenses associated with providing EVOC and supervisory level training courses to students. The Department will be reimbursed by POST at a rate of $1,500 per student for EVOC and $22,796.35 per training for supervisory level training courses, for an amount not to exceed $1,020,000 and $91,185.40, respectively.
The Agreements contain terms and conditions that differ from the County’s standard contract language. The non-standard contract terms and conditions are as follows:
1. The State requires the County to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: The County would have to indemnify the State for any claims or losses related to the Agreement, which may exceed the total Agreement amount.
2. The Agreements do not list any self-certification provisions or require the State to meet the County’s insurance standards as required pursuant to County Policy 11-07.
• County Policy requires contractors to carry appropriate insurance limits and under conditions determined by the County’s Risk Management Department as set forth in the County standard contract.
• Potential Impact: The County has no assurance that the State will be financially responsible for claims that may arise during the Agreement period, which could result in expenses to the County that exceed the total Agreement amount.
While the State’s terms and conditions are exceptions to the County’s standard contract language, approval by the Board of Supervisors is necessary for the Department to provide the training covered by the Agreement. County Counsel and Risk Management have reviewed the non-standard language and provided input. The Agreements may be terminated by either party upon 30 days advance written notice.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Grace B. Parsons, Deputy County Counsel, 387-5455) on May 14, 2024; Risk Management (Gregory Ustaszewski, Staff Analyst, 396-9008) on May 13, 2024; Finance (Erika Rodarte, Administrative Analyst, 387-4919) on May 24, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on May 24, 2024.