REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 27, 2023
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Purchase of Personal Protective Equipment from Ultimate Training Munitions, Inc.
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RECOMMENDATION(S)
Recommendation
1. Approve the purchase of protective role player jackets, gloves, and other training personal protective equipment, including non-standard payment terms, from Ultimate Training Munitions, Inc., in a total amount not to exceed $10,700.
2. Authorize the Purchasing Agent to sign the non-financial General Terms and Conditions, including non-standard terms, with Ultimate Training Munitions, Inc. for the provision of non-lethal training ammunition and related conversion kits, related accessories, and personal protective equipment, for future purchases as authorized by County policy, for the period set forth in each invoice or purchase document.
3. Direct the Purchasing Agent to transmit the executed non-financial General Terms and Conditions to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Ernie Perez, Deputy Chief, 387-3760)
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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.
FINANCIAL IMPACT
Approval of this Item will not result in the use of Discretionary General Funding (Net County Cost). The cost of protective role player jackets, gloves and other training personal protective equipment in the amount of $10,700 will be funded with the Sheriff/Coroner/Public Administrator’s (Department) existing 2022-23 budget (4430001000).
BACKGROUND INFORMATION
The Department’s Training Division provides essential law enforcement training to thousands of deputies and officers throughout the State each year. Certified by Peace Officer Standards and Training (POST), and accredited by San Bernardino Valley College, the Department’s Basic and Modular Academy programs graduate approximately 300 students each year, and emphasize discipline, stress management, and real-world scenarios to develop well-rounded officers who are prepared to handle the challenges of a law enforcement career.
To continue to enhance the delivery of training, the Training Division requires additional personal protective equipment, including role player jackets, gloves and other equipment, especially designed and manufactured by Ultimate Training Munitions, Inc. (UTM) for training conducted by law enforcement personnel. Approval of Recommendation No. 1 will authorize the non-competitive purchase of this equipment, in an amount not to exceed $10,700, and includes the following non-standard payment terms:
1. Payment terms for the purchase of law enforcement personal protective clothing are Net 30 days.
• County standard payment terms are Net 60 with no interest or late payment penalties.
• Potential Impact: Failing to pay an invoice within 30 days of the invoice date may result in the Department being assessed interest as defined in UTM’s General Terms and Conditions (GTC).
Approval of Recommendation No. 2 will allow the Purchasing Agent to accept UTM’s GTC. The GTC is UTM’s standard contract for purchases of all products manufactured and distributed by UTM including, but not limited to, non-lethal training ammunition and related conversion kits, related accessories, and personal protective equipment. The GTC includes terms that differ from the standard County contract, which includes the following:
1. Unless otherwise agreed, payment for all products is payment in advance, and interest at the rate of one and one-half percent per month, but not in excess of any applicable lawful maximum amount, may be assessed on, and added to, all invoices that are considered overdue (Net 30 payment).
• County standard payment terms are Net 60 with no interest or late payment penalties.
• Potential Impact: Failing to pay in advance may result in the Department not receiving equipment needed to continue training operations; however, if other payment terms are otherwise agreed upon, the Department may be assessed interest on all invoices that are overdue.
2. Governing Law is the State of Delaware.
• The County standard contract requires California governing law.
• Potential Impact: The GTC will be interpreted under Delaware law. Any questions, issues, or claims arising under the GTC will require the County to hire outside counsel competent to advise on, and practice Delaware law, which may result in fees that exceed the total amount of the contract.
3. UTM is not required 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 UTM will be financially responsible for claims that may arise from the County’s use of the equipment, which could result in expenses to the County that exceed the total contract amount.
4. UTM is not liable for any incidental, indirect, special, or consequential damages, including lost profits, whether claimed on the basis of breach of contract or warranty, tort (including strict liability) or any other legal theory, even if UTM is advised of the possibility of such damages.
• The County standard contract does not permit the Contractor to limit its liability in the performance of the contract.
• Potential Impact: Claims could exceed the contract amount, leaving the County financially liable for the excess.
5. The GTC is silent on indemnification.
• The County standard contract requires the contractor to indemnify the County in accordance with County Policy 11-07.
• Potential Impact: Without an indemnification provision, there are no stipulations for circumstances where UTM would assume the costs and expenses for any claims that may arise during the Department’s use of the equipment, that may otherwise be barred against the County, or are time or expense limited that may be brought against UTM. The County may still be responsible to defend and reimburse UTM for costs, expenses, and damages, which could exceed the total contract amount.
6. The GTC does not contain the standard contract provisions regarding Government Code Section 84308 (Senate Bill 1439) and the disclosure of campaign contributions to a member of the Board of Supervisors (Board) or other County elected officers.
• Under the County standard contract, the contractor states it has disclosed campaign contributions of more than $250 to any member of the Board or other County elected officer and completed a form providing additional information.
• Potential Impact: The County may have difficulty gathering information about campaign contributions made by UTM.
While these are notable exceptions to the County’s standard contract language, the Department recommends approval of the payment terms and GTC, including non-standard terms, for the Department’s Training Division to continue conducting POST certified law enforcement training. County Counsel and Risk Management have reviewed and provided input on UTM’s GTC.
PROCUREMENT
UTM is the manufacturer and exclusive distributor of the UTM role player jackets, gloves, and other personal protective equipment utilized in the Department’s law enforcement personnel training. UTM’s products best meet the Department’s rigorous use and provide increased longevity and safety for users when compared to other similar products. The terms in the GTC, including non-standard terms, may be used to accompany future purchase orders issued to UTM, as necessary, as per County Policy 11-05 requires departments to obtain Board approval for the procurement of goods and services with non-standard terms and conditions.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Richard D. Luczak, Deputy County Counsel, 387-5455 on June 2, 2023; Purchasing (Michael Candelaria, Lead Buyer, 387-0321) on June 1, 2023; Risk Management (Victor Tordesillas, Director, 396-8621) on May 31, 2023; Finance (Erika Rodarte, Administrative Analyst, 387-4919) on June 8, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on June 11, 2023.