REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 14, 2022
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Revenue Agreement with the State of California, Commission on Peace Officer Standards and Training for Emergency Vehicle Operations Training
End
RECOMMENDATION(S)
Recommendation
Approve Revenue Agreement (State Agreement No. 22112115) with the State of California, Commission on Peace Officer Standards and Training in an amount not to exceed $1,050,000 for the Sheriff/Coroner/Public Administrator to provide Regular Basic Emergency Vehicle Operations training courses for the period of July 1, 2022 through June 30, 2023.
(Presenter: John Ades, Deputy Chief, 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 additional 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 these mandated training courses in-house, thus avoiding the cost of sending staff to offsite trainings. Additionally, the Department receives revenue for providing the training, which is contingent upon the number of students enrolled in the courses, with the total amount reimbursed not to exceed $1,050,000 for 2022-23. 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 for this agreement are included in the Department’s 2022-23 recommended budget.
BACKGROUND INFORMATION
Since 1993, the County has entered into an annual agreement with POST to provide Regular Basic Emergency Vehicle Operation (RBEVO) training services, with the latest being Agreement No. 21-393 approved by the Board of Supervisors (Board) on June 8, 2021 (Item No. 86) for the period of July 1, 2021 through June 30, 2022. The proposed 2022-23 agreement allows the Department’s Emergency Vehicle Operations Center (EVOC) to bill POST directly for training services, thus decreasing the workload for the Law Enforcement (LE) agencies involved and providing a more predictable cash flow for EVOC. Before this agreement was in place, EVOC would bill each outside LE agency separately and each of those LE agencies would seek reimbursement from POST. The Department will be reimbursed $1,500 per student attending RBEVO courses, up to 700 students, for an amount not to exceed $1,050,000.
This revenue agreement, initiated annually by POST, contains the following non-standard contract language:
Indemnification:
a. Non-standard term: The POST Agreement requires the County to indemnify and hold harmless the State from any and all claims resulting from services provided under the Agreement. At the same time the Agreement provides no insurance for the County or the individual while participating in training sessions at the EVOC.
b. Potential Impact: In the event Department personnel injure themselves or others, they will not be able to seek remedies from the State, and the County would have to defend the State from any lawsuit arising out of any sustained injuries while participating in the training sessions.
c. Justification: The Department believes that access to training at the EVOC far outweighs any risks upon utilizing the facilities and because any injury occurring at EVOC would be “on-duty,” the Department believes personnel have adequate insurance coverage. Personnel from outside agencies are required to sign a “Release and Hold Harmless Agreement” releasing the County from any liability resulting from their participation in training sessions held at the EVOC.
While this is a notable exception to the County’s standard contract language, the Department recommends approval of the Agreement with POST in order to pursue County goals and objectives by working with other agencies and providing for the safety, health and social service needs of County residents. County Counsel and Risk Management have reviewed and provided input on the Hold Harmless Agreement signed by personnel from outside agencies. The revenue agreement 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 (Richard D. Luczak, Deputy County Counsel, 387-5455) on May 12, 2022; Risk Management (Victor Tordesillas, Director, 386-8621)) on May 3, 2022; Finance (Tom Forster, Administrative Analyst, 387-4635) on May 24, 2022; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on May 26, 2022.