HomeMy WebLinkAboutOceanside Police Department; 2025-01-28; USE25-3636FACDocusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
January28th
USE25-3636FAC
AGREEMENT FOR USE OF THE CARLSBAD SAFETY TRAINING CENTER (STC)
BETWEEN
THE CITY OF CARLSBAD AND OCEANSIDE POLICE DEPARTMENT
1. PARTIES AND DATE
This Agreement for use of the Carlsbad Safety Training Center (STC) ("Agreement") is entered
into this _____ day of ________ 2025, by and between the City of Carlsbad, a
municipal corporation organized under the laws of the State of California with its relevant place of
business at 5750 Orion Street, Carlsbad, California 92010 ("City"), and the Oceanside Police Department
with its principal place of business at 3855 Mission Avenue, Oceanside, California 92054 ("Agency''). City
and Agency are sometimes individually referred to as "Party" and collectively as "Parties" in this
Agreement.
2. RECITALS
2.1 Agency desires to use certain City facilities located at 5750 Orion Street in the City of
Carlsbad, California, known as the Carlsbad Safety Training Center ("STC Facilities"); and
2.2 Agency desires to use the STC Facilities for the purposes of Firearms Training and other
Law Enforcement Training Activities on or about December 2024 ("Training Events").
2.3 City is willing to allow the Agency to use the STC Facilities pursuant to the terms and
conditions in this Agreement.
3. TERMS AND CONDITIONS
3.1 STC Facilities. City agrees to allow Agency to use the STC Facilities pursuant to this
Agreement including the conditions, requirements, and fees as described in Exhibit "A," Exhibit "B,"
Exhibit "C," and applicable STC Standard Operating Procedures ("SOP"), as may be amended from time
to time by the City at its sole and absolute discretion, all as incorporated herein by this reference. The
STC Facilities are subject to the needs of the City and as such the Agency's use of STC Facilities may be
cancelled by the City at any time. In the event City determines, in its sole and absolute discretion, that
the STC Facilities are needed for any City purposes, the Agency shall immediately vacate the STC
Facilities upon notice by the City. It will also be understood that the STC Facilities will be made available
on an "as is" basis.
3.2 Training Events. Agency represents and warrants that all attendees, participants,
students, observers, instructors and any other persons brought to the STC Facilities by the Agency
("Agency Invitees") are qualified to participate in the Training Events, and use of the STC Facilities. The
City retains the discretion to terminate this Agreement and requires all Agency Invitees to immediately
vacate the STC Facilities if the Training Events or anyone's participation in the Training Events poses any
kind of threat or liability to the City, the public, Agency Invitees or anyone else. Agency Invitees shall not
be considered an employee or agent of City for any purpose related to the Training Events.
3.3 Release of Liability / Assumption of Risk. In consideration of the City's Agreement to
allow the Agency to use the STC Facilities, the Agency, on behalf of itself and its elected officials
(appointed and elected), officers, employees, contractors, agents, volunteers, students, and all Agency
City Attorney Approved Version 8/23/2023
1
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
USE25-3636FAC
Invitees hereby releases and forever discharges the City and each of its elected officials (appointed and
elected), officers, employees, contractors, agents, and volunteers from any and all known and unknown,
certain or contingent, past, present or future obligations, liabilities, demands, claims, costs, expenses,
debts, controversies, damages, actions, and causes of action of every nature, character, or description
which they may have against the City, arising from or in any way related to the Training Events, use of
STC Facilities or this Agreement. Furthermore, Agency assumes all risks associated with using the STC
Facilities for the Agency's purposes, including but not limited to inspections of the facility prior to and
after use, determination that the facilities "as is" status is appropriate for the Agency's Training Events,
supervision and control of all Agency Invitees involved in the Agency's use of the STC Facilities including
Agency Invitees, members of the general public and anyone else exposed during the period of time the
Agency is using the STC Facilities.
AGENCY HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE
PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS
SET FORTH BELOW:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY."
--I 4tA-(;~ l/.,,. {Juv-1'..i~ ~
Printed Name of Agency Representative
3.4 Indemnification / Hold Harmless. Agency shall indemnify, defend and hold harmless
City, its elected officials (appointed and elected), officers, employees, contractors, agents, and
volunteers ("Indemnified Parties") from and against any and all claims, damages, demands, liability,
costs, losses and expenses, including, without limitation, court costs and reasonable attorneys' fees and
costs, arising out of, in connection with or in any way related to Agency's actions or inactions related to
this Agreement, including without limitation any actions or inactions related to use of STC Facilities or
the Training Events, to the fullest extent permitted by law.
3.5 Assumption of Risk Agreement and Participant Release. Agency shall ensure that all
Agency Invitees observing or participating in the Training Events sign and execute a release, substantially
in the same form as set forth in the attached Exhibit "B", incorporated by this reference ("Participant
Release"). No one shall attend or participate in the Event or use the STC Facilities without signing and
executing a Participant Release also commonly known as a Hold Harmless Agreement.
3.6 Insurance. Agency shall, at its sole expense, procure and maintain for the duration of its
obligations under this Agreement insurance against claims for injuries to persons or damages to
City Attorney Approved Version 8/23/2023
2
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
USE25-3636FAC
property which may arise from or be in connection with the STC Facilities and the Training Events or
activities conducted by the Agency, its elected officials, officers, employees, contractors, agents,
volunteers, students, and Agency Invitees. The insurance shall take the form of a commercial general
liability policy or approved self-funding agreement, to include bodily injury, personal injury, and
property damage coverage, written on an occurrence basis with a company reasonably acceptable to
the City, in an amount not less than Two Million Dollars ($2,000,000) to cover any activities performed
by any person under the permission granted herein and any damage or loss suffered or incurred by the
City, its elected officials, officers, employees, contractors, agents, and volunteers resulting from such
activity. The insurance will be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:VII" OR with a surplus line insurer on the State of California's List of Eligible Surplus
Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". Agency shall
maintain Workers Compensation coverage in the statutorily required amounts, if applicable. Agency
shall require its insurer to waive all rights of subrogation against City, its elected officials, officers,
employees, contractors, agents, and volunteers, except for any liability resulting from the willful
misconduct or grossly negligent acts of City. The Agency will provide evidence of such insurance
coverage to City's satisfaction prior to initiating the Training Events. The Agency shall cause all such
policies to be endorsed to add the City, its elected officials, officers, employees, contractors, agents, and
volunteers as Additional lnsured's. Agency's self-funded programs will be required to provide evidence
that meets City's requirements as determined at the sole and absolute discretion ofthe City .
3.7 Governmental Approvals. Agency shall or has obtained all necessary and applicable
federal, state and local approvals, certifications, and permits to conduct the Training Events prior to use
of STC Facilities. City reserves the right to require Agency to provide proof regarding these approvals,
certifications, and permits, if applicable.
3.8 Scheduling of facility/ Cancellations. Agency may schedule use of the City's Facilities on
an "as available", "first come first served" basis by contacting the City's Facility Manager. In the event
Agency is unable to use its allotted time(s), it shall, contact the City's facility Manager within ten (10)
business days. Agency will be invoiced for hours scheduled not actual hours used if sufficient notice for
cancellation is not provided.
3.9 Term of Agreement. The term of this Agreement shall commence upon execution of this
Agreement by City, and shall terminate five (S) years from the date of commencement. It is also
understood that the City may terminate this Agreement at any time for any or no reason.
3.10 Payments for Use of STC Facilities. City shall invoice Agency on an hourly fee based upon
Agency scheduling and use of STC Facilities. All STC Facility use fees shall be in accordance with the STC
facility fee table which may be amended by the City from time to time. Agency shall remit payment in
full to the attention of City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008, within thirty days
(30) days of receipt of such invoice. A late charge equivalent to 5% of the unpaid balance shall be
assessed on all accounts ten (10) or more days past due. Agency shall be liable for the payment at the
full cost of the use of the STC Facilities for the hours scheduled for Training Events whether or not
Agency subsequently uses the STC Facilities or not.
3.11 Accidents / Damage Investigations. The Agency Safety Officer, as such person is
described in the STC Facilities Standard Operating Procedures (SOP), shall immediately report any injury
or non-injury accidents, equipment damage and/or negligent firearm discharges immediately to the City
Facility Manager. The Parties agree to fully and promptly cooperate in the investigations of injury or
City Attorney Approved Version 8/23/2023
3
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
USE25-3636FAC
non-injury accidents, ~quipment damage and/or negligent firearm discharges arising from Agency's use
of the STC Facilities. The City's Facility Manager will coordinate such investigations for the purpose of
determining cause, responsibility and any physical or operational modifications or improvements
deemed necessary to improve facility safety. In the event damage to the STC Facility requires repair
and/or replacement, City shall affect such repair and present to the Agency an invoice for the cost of the
repairs/replacement plus 5% (five percent) for City administrative costs. Agency shall remit payment in
full to the attention of City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008, within thirty days
(30) days of receipt of such invoice. A late charge equivalent to 5% of the unpaid balance shall be
assessed on all accounts ten (10) or more days past due.
3.12 Facility Inspections/ Cleanup. The Parties will conduct a joint inspection of STC Facilities
before and after use. All damages will be annotated on inspection sheets provided by the City's Facility
Manager to Agency. Agency shall be responsible for general cleanup of the STC Facilities following its
use of the same. For purposes of this Agreement, "cleanup" for STC Facilities will be described in further
detail in the STC Facilities SOP.
3.13 Notices. Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this Agreement to be served on or given to either Party to this
Agreement shall be in writing and shall be deemed duly served or given when personally delivered to
the Party to whom it is directed or to any managing or executive officer or director of that Party in lieu
of personal service when deposited in the United States mail, first class postage prepaid, addressed as
follows:
If to Agency:
Seargeant Harold Farney
Oceanside Police Department
3855 Mission Avenue
Oceanside, California 92054
If to City:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attn:
Contract Administration
With copy to:
Office of the City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
3.14 Survival. Agency's obligations to release, indemnify, defend, and hold harmless the
Indemnified Parties as set forth in Section 3.4, shall survive expiration or termination of the term of this
Agreement and shall remain in effect until there is no risk to the City of any liability for any claims or
losses due to the use of the STC Facilities for the Training Events.
3.15 Interpretation. The provisions of this Agreement are intended by the Parties to be
interpreted and construed to provide the fullest protection possible under the law to the City.
City Attorney Approved Version 8/23/2023
4
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
USE25-3636FAC
3.16 Selection of Counsel. Agency's obligation to indemnify the Indemnified Parties under
this Agreement shall include the obligation of the Agency to defend the City with legal counsel of City's
own choosing. In the event City elects not to select such counsel, the designation of such counsel shall
be made by the Agency but shall be subject to prior approval by City.
3.17 Entire Agreement. This written document contains the entire agreement of the Parties
and supersedes any prior oral or written statements or agreements between the Parties. No
supplement, modification, or amendment of this Agreement shall be binding unless executed in writing
by the Parties.
3.18 Waiver and Severability. No waiver of any default shall constitute a waiver of any other
breach or default, whether of the same or of any other covenant or condition. No waiver, benefit,
privilege or service voluntarily given or performed by either Party shall give the other party any
contractual right by custom, estoppel or otherwise. If any provision of this Agreement is invalid or
unenforceable with respect to any Party, the remainder of this Agreement or the application of such
provision to persons other than those as to whom it is held invalid or unenforceable, shall not be
affected and each provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
3.19 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original and which collectively shall constitute one instrument.
3.20 Authority; Binding on Successors and Assigns. Each Party warrants that the individuals
who have signed this Agreement have the legal power, right, and authority to enter into this Agreement
and bind each respective Party. This Agreement shall be binding on and inure to the benefit of the
successors and permitted assignees of the respective Parties. Notwithstanding the foregoing, this
Agreement may not be assigned by Agency unless City consents in writing to such assignment.
3.21 Governing Law and Venue. This Agreement shall be governed by the laws of the State of
California. Any action to interpret or enforce this Agreement shall be brought and maintained
exclusively in the courts of and for San Diego County, California .
4. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it, on behalf of Agency,
each represent and warrant that they have the legal power, right and actual authority to bind Agency to
the terms and conditions of this Agreement.
[Signatures on the following page)
City Attorney Approved Version 8/23/2023
5
USE25-3636FAC
CITY OF CARLSBAD
By: Attest:
Geoff Patnoe, City Manager for Sherry Freisinger, City Clerk
If required by City, proper notarial acknowledgment of execution by Agency must be attached. If a corporation,
Agreement must be signed by one corporate officer from each of the following two groups:
Group A Chairman,
President, or
Vice-President
AGENCY ,- • 0 (
By:�;> Signature T wono �oldwvu,� Name (Print) Cw�£ � �JJ'te
Title (Print)
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
Group B
Secretary,
Assistant Secretary,
CFO, or Assistant Treasurer
By:
Signature
Name (Print)
Title (Print)
By:--------------Assistant City Attorney
City Attorney Approved Version 8/23/2023 6
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
EXHIBIT "A"
SAFETY TRAINING CENTER FACILITY DESCRIPTION,
CAPABILITIES ANO LOCATION
USE25-3636FAC
l . The Carlsbad Safety Training Center (STC) is a four-acre facility that provides training resources
which can replicate emergency scenarios and high-risk training events that Joint First
Responders may encounter when conducting public safety operations. The STC Facilities are
predominantly used by firefighting and law enforcement agencies to maintain and enhance their
First Responder capabilities and to increase the readiness of internal public safety networks. The
training conducted at this facility is crucial to building a rapid and capable First Responder
Agency that can respond to emergencies within the City of Carlsbad and outlying cities.
2:. The STC Facilities consists of a primary training building which houses two indoor shooting
ranges (25 yards and 100 yards), multiple storage areas, and three classrooms with audio visual
systems, and a training room for computer generated training scenarios. The outside areas of
the facility consist of a residential live fire burn prop, four story commercial tower with multiple
live fire burn props, confined space training area, trench extrication area, vehicle extrication
area, city streetscape, emergency vehicle training area (grinder), parking, and various
equipment storage areas that house City of Carlsbad Police and Fire related equipment.
3. General Location Information:
a. The STC is located at 5750 Orion Street, Carlsbad, CA 92010.
b. U.S. Geological Survey (USGS) Information:
-Map Sheet: San Luis Rey Quadrangle. California-San Diego (7.5 Minute Series)
-Latitude and Longitude: N 33° 8' 16.106" W 117° 16' 0.397"
-Grid Reference System (10-digit/WGS-84 Datum): llS MS 75118 66596
City Attorney Approved Version 8/23/2023
7
USE25-3636FAC
City Attorney Approved Version 8/23/2023
8
EXHIBIT “B”
PARTICIPANT RELEASE
(HOLD HARMLESS CERTIFICATION)
I, _____________________________________ (print name), have voluntarily requested that
the City of Carlsbad (“City”) allow me to use or observe the use of the facilities at the Carlsbad Safety
Training Center and/or the various safety training apparatus located at 5750 Orion Street, Carlsbad,
California, 92010, known as the Carlsbad Safety Training Center (“STC Facilities”), for the purposes of
Firearms Training and other Law Enforcement Training Activities on or about __________________
(“Training Events”). I hereby acknowledge, understand and agree that the City is allowing the use of said
STC Facilities for my sole benefit. I also acknowledge, understand and agree that by using STC Facilities I
may be exposed to risks of damage to my person or property, including, but not limited to, personal
property damage, personal bodily injury, mental or psychological effects, gunshot wounds, small
explosions, strikes from bullet fragments and shell casings, falls from high structures, trip and snag
hazards, falls on wet surfaces, lead contamination, falling debris, motor vehicle accidents, and/or other
known and unknown hazards that may result in serious bodily injury or death. I understand,
acknowledge and agree that such serious bodily injury or death may be caused, either directly or
indirectly, in whole or in part, by the fact that I am present upon the STC Facilities site whether or not I
may be participating in or observing a Training Event.
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I am fully aware of the risks and
hazards inherent in using or observing the use of STC Facilities or participating in a Training Events, and I
hereby accept and assume full responsibility for any and all risks of damage, injury, effects or death
resulting to me or my property while using or observing the use of the STC Facilities, or participating in a
Training Event, or resulting from the use or condition of STC Facilities, whether or not using STC
Facilities, and whether or not the risks are known or unknown to me or to City. ______ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE, in consideration for the City allowing me
to use or observe the use of STC Facilities or to participate in the Training Events, that I, my personal
representatives, heirs, next-of-kin and assigns (collectively the “Releasors”) hereby release, waive,
discharge, and covenant not to sue or bring any claim or demand, whether administrative, judicial or
otherwise, against the City and its elected officials (appointed and elected), officers, employees,
contractors, agents, and volunteers for any and all liability from and for any loss or damage to me or the
other Releasors, and from and for any claims or demands therefor on account of injury to the person or
property of me or the other Releasors, including, but not limited to, personal property damage, personal
bodily injury, mental or psychological effects, or death, whether caused by the negligence or willful
misconduct of me, the City, other participants in the Training Events, or anyone else while I participate
in the Training Events, or the condition of STC Facilities and whether or not using STC Facilities, and
whether or not the risks are known or unknown to me or the City. ______ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE to release on my behalf and on behalf of
the Releasors any and all unknown claims. I understand and agree that the released claims include not
only claims presently known to me and/or the Releasors, but also include all known and unknown,
suspected and unsuspected, claims, rights, demands, actions, obligations, liabilities, and causes of action
of every kind and character that would otherwise come within the scope of the claims released herein. I
understand that I and/or the Releasors may hereafter discover facts different from what I/they now
believe to be true, which if known, could have materially affected the terms of this release, waiver,
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
USE25-3636FAC
City Attorney Approved Version 8/23/2023
9
indemnity and hold harmless certification, but we (the Releasors and I) nevertheless waive and
relinquish any claims or rights based on such different or additional facts. With respect to the released
claims, I knowingly and voluntarily waive and relinquish any and all rights or benefits that I and/or the
Releasors may now have, or in the future may have, under the terms of Section 1542 of the California
Civil Code, which provides as follows:
“A general release does not extend to claims which the creditor or
releasing party does not know or suspect to exist in his or her favor at
the time of executing the release and that, if known by him or her,
would have materially affected his or her settlement with the debtor or
released party.”
______ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE to defend, indemnify, save and hold free
and harmless the City and its elected officials, officers, employees, contractors, agents, and volunteers
from any and all liability from loss, damage, cost or injury, including death, to any property or persons,
including third parties, in any manner arising out of or incident to any acts, omissions or willful
misconduct of me while I participate in the Training Events, whether while using STC Facilities, including
without limitation the payment of attorneys’ fees and costs (with attorneys of City’s choosing, in its sole
and absolute discretion). Further, I shall defend at my own expense, including attorneys’ fees and costs
(with attorneys of City’s choosing, in its sole and absolute discretion), the City and its elected officials,
officers, employees, contractors, agents, and volunteers in any action or proceeding, legal,
administrative or otherwise, based upon such acts, omissions or willful misconduct. ______ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that this release, waiver, indemnity and
hold harmless certification is intended to be as broad and inclusive as is permitted by the laws of the
State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect. ______ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I have read, understand, and
voluntarily sign this release, waiver, indemnity and hold harmless certification and have had the
opportunity to review this certification with legal counsel, and I agree that no oral representations,
statements or inducements apart from the foregoing written certification have been made, and I further
agree this certification shall be binding on me and my personal representatives, heirs, assigns and next-
of-kin. ______ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I am age 18 or older, and that I will
strictly abide by all safety requirements and other instructions given to me by any and all City personnel
and/or agency instructors at all times during my presence on the STC site and during my participation in
any Training Events or use of STC Facilities. ______ (Initial)
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
USE25-3636FAC
City Attorney Approved Version 8/23/2023
10
I HAVE CAREFULLY READ, UNDERSTAND, ACKNOWLEDGE AND AGREE TO THIS RELEASE,
WAIVER, INDEMNITY AND HOLD HARMLESS CERTIFICATION. I UNDERSTAND THAT I AM GIVING UP
VALUABLE LEGAL RIGHTS BY SIGNING THIS RELEASE, WAIVER, INDEMNITY AND HOLD HARMLESS
CERTIFICATION. I HAVE AGREED TO SIGN THIS CERTIFICATION OF MY OWN FREE WILL. I UNDERSTAND
THAT I MAY SEEK THE ADVICE OF AN ATTORNEY IN ANY MATTER CONNECTED WITH THIS RELEASE,
WAIVER, INDEMNITY AND HOLD HARMLESS CERTIFICATION BEFORE SIGNING.
PARTICIPANT SIGNATURE:
By: _______________________________
Signature
_______________________________
Printed Name
_______________________________
Date
_______________________________
Agency/Company Name
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
EXHIBIT "C"
FISCAL YEAR 2024-2025
USE25-3636FAC
SAFETY TRAINING CENTER FACILITY USE FEES
One Shooting Range
One Shooting Range
Two Shooting Ranges
Two Shooting Ranges
Classroom
Classroom
Confined Space Prop
Confined Space Prop
Grinder
Grinder
Grinder/Commercial Prop (No fire Ops)
Grinder/Commercial Prop (No Fire Ops)
Grinder/Residential Prop (No Fire Ops)
Grinder/Residential Prop (No Fire Ops)
PriSim (Training Simulator)
PrlSim (Training Simulator)
Pump Draft Pit
Pump Draft Pit
Streetscape
Streetscape
Shooting Range -Hourly
*Fees are subject to change by City Council adopted resolutions
**Fees effective Sept. 1, 2024
11
full day $ 1,395.00
1/2 day $ 698.00
full day $ 1,567.00
1/2 day $ 819.00
full day $ 662.00
1/2 day $ 379.00
full day $ 733.00
1/2 day $ 366.00
full day $ 525.00
1/2 day $ 306.00
full day $ 759.00
1/2 day $ 379.00
full day $ 759.00
1/2 day $ 379.00
full day $ 552.00
1/2 day $ 276.00
full day $ 442.00
1/2 day $ 221.00
full day $ 185.00
1/2 day $ 135.00
hourly $ 141.00
City Attorney Approved Version 8/23/2023
ISSUE DATE
06/28/2024CERTIFICATE OF COVERAGE
Public Risk Innovation,
Solutions, and Management
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A
CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER.
C/O ALLIANT INSURANCE SERVICES, INC.
18100 VON KARMAN AVENUE, 10TH FLOOR
IRVINE, CA 92612
PHONE (949) 756-0271 / FAX (619) 699-0901
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does
not confer rights to the certificate holder in lieu of such endorsement(s).
AI
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR
THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF COVERAGE MEMORANDUM
NUMBER
COVERAGE EFFECTIVE
DATE
COVERAGE EXPIRATION
DATE LIABILITY LIMITS
Cancellation
AUTHORIZED REPRESENTATIVE
Public Risk Innovation, Solutions, and Management
Member:
Certificate Holder
COVERAGE
AFFORDED
COVERAGE
AFFORDED
COVERAGE
AFFORDED
COVERAGE
AFFORDED
A- Public Risk Innovation, Solutions, and Management
B
C
D
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS AGREEMENT BETWEEN CITY OF OCEANSIDE AND CITY OF CARLSBAD FOR CARLSBAD SAFETY TRAINING CENTER (STC).
CITY OF CARLSBAD, ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND VOLUNTEERS ARE INCLUDED AS
ADDITIONAL COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.
CITY OF OCEANSIDE
300 N COAST HIGHWAY
OCEANSIDE, CA 92050
CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD, CA 92008
LICENSE #0C36861
CERTIFICATE NO.
GL1-2700
PAGE 1 OF 2
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIL BE DELIVERED IN ACCORDANCE
WITH THE MEMORANDUMS OF COVERAGE PROVISIONS.
A
CITY OF CARLSBAD
PRISM PE 24 EL-103Excess General Liability $2,000,00007/01/2024 07/01/2025
Limits inclusive of the Member's
Self-Insured Retention of
$1,000,000
General Liability Aggregate $4,000,000
X
X
CITY OF OCEANSIDE
OCEAC
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
l l
B
. ~,__
June 28, 2024
It is agreed that the “ , Covered Persons or Entities” section of the Memorandum is amended
to include the person or organization named on the Certificate of Coverage, but only with respect to liability
arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the
Member or such person or organization so designated.
Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of
Coverage or the minimum limits required by contract.
ADDITIONAL COVERED PARTY:
It is further agreed that nothing herein shall act to increase PRISM’s limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of the
Memorandum unless another effective date is shown below. All other terms and conditions
remain unchanged.
Authorized Representative
ENDORSEMENT NO. U-1
GENERAL LIABILITY 1
ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
Covered Party
Memorandum No.:PRISM 24 EL-00
AS RESPECTS:
NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE
PER ATTACHED CERTIFICATE OF COVERAGE
Issue Date:
Effective Date:
PAGE 2 OF 2
ALL MEMBERSIssued to:
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
Public Risk Innovation, Solutions, and Management
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
ISSUE DATE
01/27/2025CERTIFICATE OF COVERAGE
PUBLIC RISK INNOVATION,
SOLUTIONS, AND MANAGEMENT
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY
OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDERC/O ALLIANT INSURANCE SERVICES, INC.
18100 VON KARMAN AVENUE, 10TH FLOOR
IRVINE, CA 92612
PHONE (949) 756-0271 / FAX (619) 699-0901
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER
NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED
BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF
SUCH MEMORANDUMS AND POLICIES.
CO
LTR TYPE OF COVERAGE MEMORANDUM/
POLICY NUMBER
COVERAGE EFFECTIVE
DATE
COVERAGE EXPIRATION
DATE LIABILITY LIMITS
Cancellation
AUTHORIZED REPRESENTATIVE
Public Risk Innovation, Solutions, and Management
Member:
Certificate Holder
COVERAGE
AFFORDED BY:
COVERAGE
AFFORDED BY:
COVERAGE
AFFORDED BY:
COVERAGE
AFFORDED BY:
Public Risk Innovation, Solutions, and Management
B
C
D
AS RESPECTS EVIDENCE OF COVERAGE FOR AGREEMENT BETWEEN CITY OF OCEANSIDE AND CITY OF CARLSBAD FOR CARLSBAD
SAFETY TRAINING CENTER (STC).
CITY OF OCEANSIDE
300 N COAST HIGHWAYOCEANSIDE, CA 92050
CITY OF CARSLBAD
1635 FARADAY AVE
CARLSBAD, CA 92008
LICENSE #0C36861
07/01/2024 07/01/2025
WORKERS' COMPENSATION:
WC-4359
CERTIFICATE NO.
$500,000 Retention
Retention
Description of Operations/Locations/Vehicles/Special Items:
LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED.
CITY OF CARSLBAD
THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST CITY OF CARLSBAD, ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,
CONTRACTORS, AGENTS, AND VOLUNTEERS PURSUANT TO ENDORSEMENT NUMBER U-2.
A
IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the
Memorandums of Coverage must be endorsed. A statement on this certificate does not confer
rights to the certificate holder in lieu of such endorsement(s).
EXCESS WORKERS
COMPENSATION &
EMPLOYERS LIABILITY
Difference between
Statutory and Member's
Difference between $5,000,000 and Members $500,000
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES
BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS.
EMPLOYERS' LIABILITY:
OCEAC
CITY OF OCEANSIDE
A
PRISM PE 24 EWC-61
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
I I
~►
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
EXCESS WORKERS' COMPENSATION PROGRAM
CITY OF OCEANSIDE
Public Risk Innovation, Solutions,
and Management
PROVIDER MEMORANDUM /
POLICY NUMBER
LIMIT
PRISM PE 24 EWC-61
Liberty Mutual Fire Insurance Co.
Workers Compensation:
$50,000,000
(Difference between $50,000,000 and the
individual members retention)
Employers Liability:
(Difference between $5,000,000 and the
individual members retention)
each occurrence
$5,000,000 each occurrence
Statutory each accident/each employee
for disease excess of
$50,000,000
2024/2025 SCHEDULE OF INSURERS
EW2-64N-444785-014
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
EXCESS WORKERS COMPENSATION
WAIVER OF SUBROGATION ENDORSEMENT
It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the
Memorandum of Coverage is deleted in its entirety and replaced by the following:
VIII. SUBROGATION: In the event of any payment under this Memorandum, PRISM shall be
subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore,
and the Covered Party shall execute all papers required and shall do everything that may be
necessary to secure such rights. Any amount recovered as a result of such proceedings, together
with all expenses necessary to the recovery of any such amount shall be apportioned as follows:
PRISM shall first be reimbursed to the extent of its actual payment hereunder. If any balance then
remains, said balance shall be applied to reimburse the Covered Party. The expenses of all
proceedings necessary to the recovery of such amount shall be apportioned between the Covered
Party and PRISM in the ratio of their respective recoveries as finally settled. If there should be no
recovery in proceedings instituted solely on the initiative of PRISM, the expenses thereof shall be
borne by PRISM.
However, in the event of any loss payment under this Memorandum for which you have waived the
right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our
right of recovery but only with respect to such loss.
It is further agreed that nothing herein shall act to increase PRISM's limit of indemnity.
This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of
the Memorandum of Coverage unless another effective date is shown below. All other terms and
conditions remain unchanged.
Effective Date:
Issued to:ALL MEMBERS
Issue Date:June 28, 2024
Memorandum No.:PRISM 24 EWC-00
Authorized Representative
Public Risk Innovation, Solutions, and Management
ENDORSEMENT NO. U-2
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
Docusign Envelope ID: 14F94C8E-C318-4A82-92E3-E0977ED52531
• ~