HomeMy WebLinkAboutState of California - Department of Consumer Affairs Division of Investigation; 2025-07-30; USE25-3693FACDocusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0 SCO: 1111-115869
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES �-----------�-------------� STANDARD AGREEMENT AGREEMENT NUMBER
115869
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Department of Consumer Affairs
CONTRACTOR NAME
City of Carlsbad
2. The term of this Agreement is:
START DATE
July 1, 2025 (or upon approval date)
THROUGH END DATE
June 30, 2028
3.The maximum amount of this Agreement is:
$48,638.66 (Forty Eight Thousand Six Hundred Thirty Eight Dollars and Sixty-Six 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 Agreement.
Exhibits Title
Exhibit A Scope of Work
Exhibit A, Attachment City of Carlsbad Safety Training Center Exhibits 1
Exhibit B Budget Detail and Payment Provisions
+ General Terms and Conditions 02/2025 -Exhibit C (with the exception of paragraph 5 (as shown herein) -
+ -Exhibit D Special Terms and Conditions -
+ -Exhibit E Additional Terms and Conditions -
Items shown with an astensk (*), are hereby incorporated by reterence and made part ot this agreement as it attached hereto. These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Carlsbad
CONTRACTOR BUSINESS ADDRESS
5750 Orion Street
PRINTED NAME OF PERSON SIGNING Geoff Patnoe
CONTRACTOR AUTHORIZED SIGNATURE w(f P�t-
CITY
Carlsbad
TITLE City Manager
DATE SIGNED
7/30/2025
Pages
1
12
2
5
2
3
STATE ZIP
CA 92010
Page 1 of 2
07/31/2025
SCO: 1111-115869Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A310C0EBE0
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ~-----------~--------------~
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
CONTRACTING AGENCY NAME
Department of Consumer Affairs
CONTRACTING AGENCY ADDRESS
1625 N. Market Blvd., Suite 5-103
PRINTED NAME OF PERSON SIGNING
Mechelle Schultz
CONTRACTING AGENCY AUTHORIZED SIGNAT\JRE
~s~
CALIFORNIA DEPARTMENT OF GENEllAt.. SERVICES APPROVAL
AGREEMENT NUMBER
115869
STATE OF CALIFORNIA
PURCHASING AUTI-IORITY NUMBER {If Applicable)
CITY STATE ZIP
Sacramento CA 95834
TITLE
Non-IT Service Contracts Manager
DATE SIGNED
EXEMPTION (If Applicable)
SCM Vol.4.04 A.2.
Page 2 of 2
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
EXHIBIT A
SCOPE OF WORK
I. PURPOSE:
City of Carlsbad, (Contractor) shall provide the Department of Consumer Affairs
(DCA), Division of Investigation (DOI) with use of training facilities for defensive
tactics (DTAC), firearms, and other law enforcement related training activities as
described herein.
II. LOCATION AND SCHEDULE:
A. The services shall be performed at the City of Carlsbad Safety Training Center
located at 5750 Orion Street, Carlsbad, CA 92010.
B. The services shall be held during normal working hours of 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except State Holidays. The DOI will schedule range
times in advance as range and training area availability permits.
III. CONTACTS:
The project coordinators during the term of this agreement will be:
DCA Technical Contact (s)Contractor Technical Contact(s)
Division of Investigation City of Carlsbad Safety Training Center
Jessie Pagan Janean Hawney
(916) 715-4637 (442) 339-2795
Jessie.Pagan@dca.ca.gov Janean.Hawney@carlsbadca.gov
DCA Administrative Contact (s)Contractor Administrative Contact(s)
Business Services Office City of Carlsbad Safety Training Center
Amanda Mays Janean Hawney
1625 N. Market Street, S-103 1635 Faraday Ave.
Sacramento, CA 95834 Carlsbad, CA 92008-7314
(279) 278-5809 (442) 339-2795
amanda.mays@dca.ca.gov Janean.Hawney@carlsbadca.gov
IV. CONTRACTOR RESPONSIBILITIES:
a. The Contractor shall provide temporary use of the following facilities for training
purposes: 25 or 100-yard indoor firearms range, DTAC area with mats,
Commercial/Streetscape for tactical scenarios, classroom space with audio
visual systems (Seats 48), and use of a force options simulator.
b. The DOI Shall provide qualified instructors, qualifying targets, ammunition and
weapons.
c. This agreement may be cancelled by either party upon thirty (30) days prior
written notice.
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AGREEMENT FOR USE OF THE CARLSBAD SAFETY TRAINING CENTER (STC)
BETWEEN
THE CITY OF CARLSBAD AND
CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS DIVISION OF INVESTIGATION
1. PARTIES AND DATE
This Agreement for use of the Carlsbad Safety Training Center (STC) Agreement is entered into
this ___________ day of __________________, ________, 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 ( and California Department of Consumer
Affairs Division of Investigation with its principal place of business at 1747 North Market Boulevard, Suite
265, Sacramento, California 95834 Agency Agency are sometimes individually referred to as
collectively 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 ; 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 July 1, 2025 (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 ,
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 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
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
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 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 Agreement to allow
the Agency to use the STC Facilities, the Agency, on behalf of itself and its elected officials (appointed and
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0 Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869 ATTACHMENT 1
(" ")
31st July 2025
"City"),
(" "). City and
"Party" and as "Parties" in this
(" Facilities")
II ")
in Exhibit "A" Exhibit "B,"
Exhibit "C", II II
Agency's use
will be made available on an "as
is" basis.
("Agency Invitees")
or anyone's participation in the
City's
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elected), officers, employees, contractors, agents, volunteers, students, and all Agency 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
Facilitiesor this Agreement.Furthermore, Agency assumes all risks associated with using the STC Facilities
determination that status Training Events, supervision
and control of all Agency Invitees 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
FORTH BELOW:
THAT THE CREDITOROR 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
BY SIGNNING BELOW, AGENCY HEREBY WAIVES THE PROVISIONS OF SECTION 1542 IN
CONNECTION WITH THE RELEASED MATTERS.
_____________________________
Signature of Agency Representative
_____________________________
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
and costs, arising out
of, in connection with or in any way related to Agency 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
B ,
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.
Windy Kaiser
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0 Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract Number: 115869
for the Agency's purposes, including but not limited to inspections of the facility prior to and after use,
the facilities "as is" is appropriate for the Agency's
involved in the Agency's use of the
PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 {"SECTION 1542"), WHICH IS SET
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
,,
(" Parties") from and against any and all claims, damages, demands, liability, costs, losses and
expenses, including, without limitation, court costs and reasonable attorneys' fees
's actions or inactions related to this
in the same form as set forth in the attached Exhibit " " incorporated by this reference {"Participant
Release"). No one shall
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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 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
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
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 . -funded programs
as determined at the sole and
absolute discretion of the 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
hin 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 three (3) 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-
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0 Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract Number: 115869
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".
will provide evidence of such insurance coverage to City's satisfaction
lnsured's Agency's self
will be required to provide evidence that meets City's requirements
_____________ . 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 wit
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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 non-injury
accidents, equipment damage and/or negligent firearm discharges STC
Facilities. 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
Manager to Agency. Agency shall be responsible for general cleanup of the STC Facilities following its use
of the 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:
Benjamin Enbysk
California Department of Consumer Affairs
Division of Investigation
1747 North Markt Boulevard, Suite 265
Sacramento, CA 95834
If to City:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attn: Janean Hawney
Contract Administration
With copy to:
Office of the City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
3.14 Survival. Agency 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.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
The City's Facility Manager will
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract Number: 115869
arising from Agency's use of the
before and after use. All damages will be annotated on inspection sheets provided by the City's Facility
same. For purposes of this Agreement, "cleanup"
's
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3.16 Selection of Counsel. Agency obligation to indemnify the Indemnified Parties under this
Agreement shall include the obligation of the Agency to defend the
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.
[signatures on following page]
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
's
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract Number: 115869
City with legal counsel of City's own
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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.
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 Group B
Chairman,Secretary,
President, or Assistant Secretary,
Vice-President CFO, or Assistant Treasurer
AGENCY
By:By:
Signature Signature
By:
Name (print)Name (print)
By:By:
Title (print)Title (print)
APPROVED AS TO FORM
CINDIE K. McMAHON, City Attorney
By:
Assistant City Attorney
Windy Kaiser
Procurement Section Chief, SSM II
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
:v
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract Number: 115869
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SAFETY TRAINING CENTER FACILITY DESCRIPTION,
CAPABILITIES AND LOCATION
1. 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:
-Grid Reference System (10-digit/WGS-84 Datum): 11S MS 75118 66596
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
EXHIBIT "A"
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract Number: 115869
N 33° 8' 16.106" W 117° 16' 0.397"
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(Sample- Form to be completed upon training at facility)
PARTICIPANT RELEASE
(HOLD HARMLESS CERTIFICATION)
I, _____________________________________ (print name), have voluntarily requested that the
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,
STC Facilities Firearms
Training and other Law Enforcement Training Activities on or about __________________ Training
Events 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-
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
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
EXHIBIT "B"
City of Carlsbad ("City") allow me to use
92010, known as the Carlsbad Safety Training Center ("
Department of Consumer Affairs
C ity of Carlsbad Safety Training Center
Contract Number: 115869
"), for the purposes of
("
"). I hereby acknowledge, understand and agree that the City is allowing the use of said
kin and assigns (collectively the "Releasors") hereby release, waive,
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believe to be true, which if known, could have materially affected the terms of this release, waiver,
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:
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
d 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: FE372198-29CE-4000-B7DE-89A31 0C0EBE0 Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract Number: 115869
"A general release does not extend to claims which the creditor
II
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 an
USE25-3693FAC
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: FE372198-29CE-4000-B7DE-89A31 0C0EBE0 Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract Number: 115869
USE25-3693FAC
City Attorney Approved Version 8/23/2023
11
FISCAL YEAR 2024-2025
SAFETY TRAINING CENTER FACILITY USE FEES
One Shooting Range full day $ 1,395.00
One Shooting Range 1/2 day $ 698.00
Two Shooting Ranges full day $ 1,567.00
Two Shooting Ranges 1/2 day $ 819.00
Classroom full day $ 662.00
Classroom 1/2 day $ 379.00
Confined Space Prop full day $ 733.00
Confined Space Prop 1/2 day $ 366.00
Grinder full day $ 525.00
Grinder 1/2 day $ 306.00
Grinder/Commercial Prop (No Fire Ops) full day $ 759.00
Grinder/Commercial Prop (No Fire Ops) 1/2 day $ 379.00
Grinder/Residential Prop (No Fire Ops) full day $ 759.00
Grinder/Residential Prop (No Fire Ops) 1/2 day $ 379.00
PriSim (Training Simulator) full day $ 552.00
PriSim (Training Simulator) 1/2 day $ 276.00
Pump Draft Pit full day $ 442.00
Pump Draft Pit 1/2 day $ 221.00
Streetscape full day $ 185.00
Streetscape 1/2 day $ 135.00
hourly $ 141.00
*Fees are subject to change by City Council adopted resolutions
**Fees effective Sept. 1, 2024
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
Shooting Range -Hourly
EXHIBIT "C"
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract Number: 115869
One Shooting Range full day $ 1,500.00
One Shooting Range 1/2 day $ 750.00
Two Shooting Ranges full day $ 1,684.00
Two Shooting Ranges 1/2 day $ 881.00
Classroom full day $ 687.00
Classroom 1/2 day $ 393.00
Confined Space Prop full day $ 733.00
Confined Space Prop 1/2 day $ 366.00
Grinder full day $ 525.00
Grinder 1/2 day $ 306.00
Grinder/Commercial Prop (No Fire Ops) full day $ 788.00
Grinder/Commercial Prop (No Fire Ops) 1/2 day $ 393.00
Grinder/Residential Prop (No Fire Ops) full day $ 788.00
Grinder/Residential Prop (No Fire Ops) 1/2 day $ 393.00
LaserShot Room (Training Simulator) full day $ 552.00
LaserShot Room (Training Simulator) 1/2 day $ 276.00
Streetscape full day $ 185.00
Streetscape 1/2 day $ 135.00
Shooting hourly $ 150.00
*Fees are subject to change by City Council adopted resolutions
**Fees effective Sept. 1, 2025
USE25-3693FAC
. Department of Consumer Affairs
Docus1gn Envelope ID: FE372198-29CE-4000-B7DE-89A310C0EBE0 __,,., of Carlsbad Safety Training Center
Contract Number: 115869
EXHIBIT "C" (cont.)
FISCAL YEAR 2025-2026
SAFETY TRAINING CENTER FACILITY USE FEES
Range -Hourly
City Attorney Approved Version 6/17/2025
12
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT:
For services satisfactorily rendered and upon receipt and approval of the invoices,
the State agrees to compensate the Contractor for actual expenditures incurred in
accordance with the rates specified herein, which is attached hereto and made a
part of this Agreement.
Itemized invoices shall include the Agreement Number and be submitted not more
frequently than quarterly in arrears to APInvoices@dca.ca.gov or mail to:
Department of Consumer Affairs
Accounts Payable
Agreement Number: 115869
P.O. Box 980518
West Sacramento, CA 95798-0518
II. BUDGET CONTINGENCY 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.
III. PROMPT PAYMENT CLAUSE:
Payment will be made in accordance with and within the time specified in
Government Code, Chapter 4.5 (commencing with Section 927).
IV. TAXES:
The State of California is exempt from Federal Excise Taxes, and no payment
shall be made for any taxes levied on employees' wages. DCA shall pay for any
applicable State of California or local sales or use taxes on the services rendered
or equipment or parts supplied pursuant to this agreement. California may pay
any applicable sales or use tax imposed by another state.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
V. BUDGET DETAIL:
Grand Total:$13,735.05
3 % Buffer for overages $400.05
Current Fees as of Sept. 1, 2025
Classroom (Half day) $393.00 3 $1,179.00
One Shooting range (Half Day) $750.00 14 $10,500.00
LaserShot Room (Training Simulator) $276.00 6 $1,656.00
Y (September 1, 2025 - June 30, 2026)
Facilities Daily Fee Total Days Total
Grand Total:$16,253.40
Total Contract Amount:$48,638.66
3 % Buffer for overages $473.40
Current Fees as of Sept. 1, 2025
Classroom (Half day) $393.00 4 $1,572.00
One Shooting range (Half Day) $750.00 16 $12,000.00
LaserShot Room (Training Simulator)
(Half Day) $276.00 8 $2,208.00
Grand Total:$16,253.40
Y
Facilities Daily Fee Total Days Total
3 % Buffer for overages $473.40
Current Fees as of Sept. 1, 2025
Classroom (Half day) $393.00 4 $1,572.00
One Shooting range (Half Day) $750.00 16 $12,000.00
LaserShot Room (Training Simulator)
(Half Day) $276.00 8 $2,208.00
$2,396.81Grand Total:
Current Fees as of Sept. 1, 2024
$69.813 % Buffer for overages
Y 2
Facilities Daily Fee Total Days Total
City of Carlsbad Safety Training Cost Sheet
Y (July 1, 2025 - August 31, 2025)
$379.00
$552.00
$1,396.00
TotalFacilitiesDaily Fee
Classroom (Half day)
LaserShot Room (Training Simulator)
(Half Day)
One Shooting range (Half Day)
Total Days
$379.00
$276.00
$698.00
1
2
2
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
EAR 1 2 Months
EAR 1 10 Months
EAR
EAR3
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0 Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
General Terms and Conditions (GTC 02;2025)
EXHIBIT C
1. APPROVAL: This Agreement is of no force or 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.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No
oral understanding or Agreement not incorporated in the Agreement is binding on
any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in
whole or in part, without the consent of the State in the form of a formal written
amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of
General Services, the Bureau of State Audits, or their designated representative
shall have the right to review and to copy any records and supporting
documentation pertaining to the performance of this Agreement. Contractor agrees
to maintain such records for possible audit for a minimum of three (3) years after
final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours
and to allow interviews of any employees who might reasonably have information
related to such records. Further, Contractor agrees to include a similar right of the
State to audit records and interview staff in any subcontract related to performance
of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR
Title 2, Section 1896).
6:-INDEMN!F!GAT!ON : Gsntra&ts~G§fCCS tsrndemR it,', defend SRS--£a¥e hm=m !css
the State, its effiee::s, agents and on::p!eysos f::em any ans-a-M--s!ain::s and--lssses
GSSFuing srrem.:!ti~~!! ee::::tFaets:=s, subeSR-tfaets?.3, SUJ3~a-ssref5,
and any ether pmsen , firm er s~s::atien k:mishing-sr su~k scr¥is ,
mster~a!s, er supplies in se~mostien-wiU~ the pcrfern::aroc sf this /\§fBvomcnt, aRd
iroR"l CRY and-GM-s!airns ans-lesses as~ er rcsu !tiRg----re--aRHCrse::::, jirFR or
eerperatisn-.~:rbc iRjured er-damaged by Gootraster in thcpe::fermemsc-ef
~
6. DISPUTES: Contractor shall continue with the responsibilities under this
Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements of
this Agreement at the time and in the manner herein provided. In the event of such
termination the State may proceed with the work in any manner deemed proper by
the State. All costs to the State shall be deducted from any sum due the Contractor
under this Agreement and the balance, if any, shall be paid to the Contractor upon
demand.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0 Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty
of perjury, the minimum, if not exact, percentage of post-consumer material as
defined in the Public Contract Code Section 12200, in products, materials, goods,
or supplies offered or sold to the State regardless of whether the product meets the
requirements of Public Contract Code Section 12209. With respect to printer or
duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply
(Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract's benefits to any
person on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military
and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status. Contractor shall insure that the
evaluation and treatment of employees and applicants for employment are free of
such discrimination. Contractor and subcontractors shall comply with the provisions
of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the
regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the
provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by
the awarding state agency to implement such article. Contractor shall permit
access by representatives of the Department of Fair Employment and Housing and
the awarding state agency upon reasonable notice at any time during the normal
business hours, but in no case less than 24 hours' notice, to such of its books,
records, accounts, and all other sources of information and its facilities as said
Department or Agency shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations under
this clause to labor organizations with which they have a collective bargaining or
other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference
and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0 Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
13. COMPENSATION: The consideration to be paid Contractor, as provided herein,
shall be in compensation for all of Contractor's expenses incurred in the
performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the
Contractor shall comply with the requirements of the Government Codes Sections
set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney General may
bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and
agrees that if the bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of
the Business and Professions Code}, arising from purchases of goods,
materials, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective
at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action
assigned under this chapter, the assignor shall be entitled to receive
reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble
damages, attributable to overcharges that were paid by the assignor but
were not paid by the public body as part of the bid price, less the expenses
incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the contractor acknowledges in accordance with Public Contract Code
7110, that:
a. The contractor recognizes the importance of child and family support
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the
earnings assignment orders of all employees and is providing the names
of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess
of $200,000, the Contractor shall give priority consideration in filling vacancies in
positions funded by the Contract to qualified recipients of aid under Welfare and
Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION
REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small
business participation, then Contractor must within 60 days of receiving
final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) report to the awarding department
the actual percentage of small business participation that was achieved.
(Govt. Code§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled
veteran business enterprise (DVBE) participation, then Contractor must
within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract)
certify in a report to the awarding department: (1) the total amount the
prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract; (3) the
amount each DVBE received from the prime Contractor; (4) that all
payments under the Contract have been made to the DVBE; and (5) the
actual percentage of DVBE participation that was achieved. A person or
entity that knowingly provides false information shall be subject to a civil
penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code §
14841.)
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a "loss
leader" as defined in Section 17030 of the Business and Professions Code. (PCC
10344(e).)
21. GENERATIVE Al DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to
the Contract:
1) "Generative Al (GenAI)" means an artificial intelligence system that can
generate derived synthetic content, including text, images, video, and audio
that emulates the structure and characteristics of the system's training data.
(Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to
provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI,
including GenAI from third parties, to complete all or a portion of any
deliverable that materially impacts: (i) functionality of a State system, (ii) risk
to the State, or (iii) Contract performance. For avoidance of doubt, the term
"materially impacts" shall have the meaning set forth in State Administrative
Manual (SAM)§ 4986.2 Definitions for GenAI.
c. Notification shall be provided to the State designee identified in this
Contract.
d. At the direction of the State, Contractor shall discontinue the provision to the
State of any previously unreported GenAI that results in a material impact to
the functionality of the System, risk to the State, or Contract performance, as
determined by the State.
e. If the use of previously undisclosed GenAI is approved by the State, then
Contractor will update the Deliverable description, and the Parties will
amend the Contract accordingly, which may include incorporating the GenAI
Special Provisions into the Contract, at no additional cost to the State.
f. The State, at its sole discretion, may consider Contractor's failure to disclose
or discontinue the provision or use of GenAI as described above, to
constitute a material breach of Contract when such failure results in a
material impact to the functionality of the System, risk to the State, or
Contract performance. The State is entitled to seek any and all remedies
available to it under law as a result of such breach, including but not limited
to termination of the contract.
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
I. LIABILITY FOR NONCONFORMING WORK
The Contractor will be fully responsible for ensuring that the completed work
conforms to the agreed upon terms. If nonconformity is discovered prior to the
Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure
the nonconformity. If the nonconformity is discovered after the deadline for the
completion of project, the State, in its sole discretion, may use any reasonable
means to cure the nonconformity. The Contractor shall be responsible for
reimbursing the State for any additional expenses incurred to cure and cover such
defects.
II. SETTLEMENT OF DISPUTES
In the event of a dispute, Contractor shall file a “Notice of Dispute” with Department
of Consumer Affairs, Director or his/her designee within ten (10) days of discovery of
the problem. Within ten (10) days, the Director or his/her designee shall meet with
the Contractor and Project Manager for purposes of resolving the dispute. The
decision of the Director or his/her designee shall be final. In the event of a dispute,
the language contained within this agreement shall prevail over any other language
including that of the bid proposal.
III. AGENCY LIABILITY
The Contractor warrants by execution of this Agreement, that no person or selling
agency has been employed or retained to solicit or secure this Agreement upon
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 State shall, in addition to other remedies
provided by law, have the right to annul this Agreement without liability, paying only
for the value of the work actually performed, or otherwise recover the full amount of
such commission, percentage, brokerage, or contingent fee.
IV. IMPRACTICABILITY OF PERFORMANCE
This Contract may be suspended or cancelled, without notice at the option of the
Contractor, if the Contractor’s or State’s premises or equipment is destroyed by fire
or other catastrophe, or so substantially damaged that it is impractical to continue
service, or in the event the Contractor is unable to render service as a result of any
action by any governmental authority.
V. LICENSES AND PERMITS
The Contractor shall be an individual or firm licensed to do business in California
and shall obtain at his/her expense all license(s) and permit(s) required by law for
accomplishing any work required in connection with this Agreement.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
In the event the Contractor fails to keep in effect at all times all required license(s)
and permit (s), the State may, in addition to other remedies it may have, terminate
this Contract upon occurrence of such event.
VI. HEALTH AND SAFETY:
Contractors are required to, at their own expense, comply with all applicable health
and safety laws and regulations. Upon notice, contractors are also required to
comply with the state agency’s specific health and safety requirements and policies.
Contractors agree to include in any subcontract related to performance of this
Agreement, a requirement that the subcontractor comply with all applicable health
and safety laws and regulations, and upon notice, the state agency’s specific health
and safety requirements and policies.
VII. AMENDMENTS:
DCA reserves the right to amend this Agreement allowable by State Contracting
Manual, Volume 1, Chapter 5, section 5.81. An amendment is of no force or effect
until signed by both parties and, if required, approved by the Department of General
Services.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
EXHIBIT E
ADDITIONAL TERMS AND CONDITIONS
I. RIGHT TO TERMINATE:
The State reserves the right to terminate this Agreement subject to 30 days written
notice to the Contractor. The Contractor may submit a written request to terminate
this Agreement only if the State should substantially fail to perform its responsibilities
as provided herein.
However, this Agreement can be immediately terminated for cause. The term “for
cause” shall mean that the Contractor fails to meet the terms, conditions, and/or
responsibilities of this Agreement. In this instance, the agreement termination shall
be effective as of the date indicated on the State’s notification to the Contractor.
II. CONFIDENTIALITY OF DATA:
No reports, information, inventions, improvements, discoveries, or data obtained,
repaired, assembled, or developed by the Contractor pursuant to this Agreement
shall be released, published, or made available to any person (except to the State)
without prior written approval from the State.
The contractor by acceptance of this Agreement is subject to all of the requirements
of California Civil Code Sections 1798, et seq., regarding the collections,
maintenance, and disclosure of personal and confidential information about
individuals.
III. POTENTIAL SUBCONTRACTORS:
Nothing contained in this Agreement or otherwise shall create any contractual
relation between the State and any subcontractors, and no subcontract shall relieve
the Contractor of its responsibilities and obligations hereunder. The Contractor
agrees to be as fully responsible to the State for the acts and omissions of its
subcontractors and of persons either directly or indirectly employed by any of them
as it is for the acts and omissions of persons directly employed by the Contractor.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
The Contractor's obligation to pay its subcontractors is an obligation independent
from the State’s obligation to make payments to the Contractor. As a result, the
State shall have no obligation to pay or to enforce the payment of any moneys to
any subcontractor.
IV. GOODS AND SERVICES:
The State reserves the rights to inspect, reject, and/or accept all goods and services
provided within this agreement.
V. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS:
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the
EO) regarding Economic Sanctions against Russia and Russian entities and
individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.
government in response to Russia’s actions in Ukraine, as well as any sanctions
imposed under state law. The EO directs state agencies to terminate contracts with,
and to refrain from entering any new contracts with, individuals or entities that are
determined to be a target of Economic Sanctions. Accordingly, should the State
determine Contractor is a target of Economic Sanctions or is conducting prohibited
transactions with sanctioned individuals or entities, that shall be grounds for
termination of this agreement. The State shall provide Contractor advance written
notice of such termination, allowing Contractor at least 30 calendar days to provide a
written response. Termination shall be at the sole discretion of the State.
VI. INSURANCE REQUIREMENTS:
The Parties agree that the Contractor’s performance under this contract does not
constitute a hazardous activity as the Contractor is only providing simple use of the
facility. Department of Consumer Affairs has determined the Contractor’s self-funded
programs, in effect at the time this Agreement is entered into, are sufficient to meet
Consumer’s Affairs insurance requirements.
1. General Provisions Applying to All Policies:
A. Coverage Term – Coverage needs to be in force for the complete term of the
contract. If insurance expires during the term of the contract, a new certificate
must be received by the State at least (30) days prior to the expiration of this
insurance. Any new insurance must still comply with the original terms of the
contract.
B. Policy Cancellation or Termination & Notice of Non-Renewal – Contractor
and/or Permittee is responsible to notify the State within five business days
before the effective date of any cancellation, non-renewal, or material change
that affects required insurance coverage. In the event Contractor and/or
Permittee fails to keep in effect at all times the specified insurance coverage,
the State may, in addition to any other remedies it may have, terminate this
Contract upon the occurrence of such event, subject to the provisions of this
Contract.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
Department of Consumer Affairs
City of Carlsbad Safety Training Center
Contract number: 115869
C. Deductible – Contractor and/or Permittee is responsible for any deductible or
self-insured retention contained within their insurance program.
D. Primary Clause – Any required insurance contained in this contract shall be
primary, and not excess or contributory, to any other insurance carried by the
State.
E. Insurance Carrier Required Rating – All insurance companies must carry a rating
acceptable to the Office of Risk and Insurance Management. If the Contractor and/or
Permittee is self-insured for a portion or all of its insurance, review of financial
information including a letter of credit may be required.
F. Endorsements – Any required endorsements requested by the State must be
physically attached to all requested certificates of insurance and not substituted by
referring to such coverage on the certificate of insurance.
G. Inadequate Insurance – Inadequate or lack of insurance does not negate the
contractor and/or Permittee’s obligations under the contract.
H. Satisfying an SIR - All insurance required by this contract must allow the State to
pay and/or act as the contractor’s agent in satisfying any self-insured retention (SIR).
The choice to pay and/or act as the contractor’s agent in satisfying any SIR is at the
State’s discretion.
I. Available Coverages/Limits - All coverage and limits available to the contractor
shall also be available and applicable to the State.
J. Subcontractors - In the case of Contractor and/or Permittee’s utilization of
subcontractors to complete the contracted scope of work, contractor and/or
Permittee shall include all subcontractors as insured’s under Contractor and/or
Permittee’s insurance or supply evidence of insurance to The State equal to policies,
coverages and limits required of Contractor and/or Permittee.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below. This
certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with
the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
City of Carlsbad 95-6004793
w(f p~t,
Geoff Patnoe, City Manager
7/30/2025 San Diego
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one (1) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court, which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories, equipment, materials, or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
by authorized officials of the contracting agency, the Department of Industrial Relations,
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firm's offices in the State, with the
contractor's records, documents, agents or employees, or premises ifreasonably required
or
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies
that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0
the Department of Justice to determine the contractor's compliance with the
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor
shall not be:(1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally determined to be in violation of provisions of federal law relating to air or water
pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
Docusign Envelope ID: FE372198-29CE-4000-B7DE-89A31 0C0EBE0