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California Peace Officers’ Association; 2025-09-03;
City Attorney Approved Version 5/30/2025 Page 1 AGREEMENT FOR ON-SITE LAW ENFORCEMENT TRAINING SERVICES CALIFORNIA PEACE OFFICERS’ ASSOCIATION, A NONPROFIT CORPORATION THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of ___________________, 20__, by and between the City of Carlsbad, California, a municipal corporation ("City") and California Peace Officers’ Association, a nonprofit corporation ("Contractor”). RECITALS City requires the professional services of a consultant that is experienced in law enforcement training. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION No fee is payable for the Services to be performed during the initial Agreement term. Because the City is a POST reimbursable agency, tuition is $0 and no compensation will be provided. 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement caused by any willful misconduct or negligent act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Sept. 3rd 25 City Attorney Approved Version 5/30/2025 Page 2 for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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 Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to City. The full limits available to the named insured shall also be available and applicable to City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Heather Hutchinson Name Greg Wilson Title Training Coordinator Title Interim Executive Director Department Police Address 2485 Natomas Park Drive, Suite 540 City of Carlsbad Sacramento, CA 95833 Address 2560 Orion Way Phone No. 916-263-0541 Carlsbad, CA 92010 Email gwilson@cpoa.org Phone No. 442-339-2181 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 City Attorney Approved Version 5/30/2025 Page 3 Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 10. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 11. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, California Government Code Sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 City Attorney Approved Version 5/30/2025 Page 4 15. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 16. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 17. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 18. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California California Peace Officers’ Association, a Nonprofit Corporation By: By: (sign here) Chief of Police Greg Wilson / Interim Executive Director (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Morgen Fry, Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor 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. Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 City Attorney Approved Version 5/30/2025 Page 5 Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Senior Assistant City Attorney Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 City Attorney Approved Version 5/30/2025 Page 6 EXHIBIT A SCOPE OF SERVICES AND FEE On-site training will be held at the Safety Training Center, 5750 Orion Street Carlsbad, CA 92010, from October 2-3, 2025, from 8:00 a.m. to 5:00 p.m. Don’t play the probability game – a high-profile use of force incident could happen to your agency. Be prepared. Review recent court cases covering use of force, understand use of force situations through video examples and walk through a use of force incident from field training to the court room. Learn: • The necessity of contact drills both in the street and in the courtroom • How to navigate the civil and criminal trial process • The process of a use of force investigation in a custody setting • Proper responses for both management and officers after a major incident • How to testify about a use of force encounter • How to write about a use of force encounter • How to analyze your defensive tactics for effectiveness • and much more! The tuition for POST-Reimbursable Agencies is $0. The tuition for Non-POST-Reimbursable Agencies is $285. Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 01/14/2025 McClatchy Insurance Agency License #0724020 2410 Fair Oaks Blvd, Suite 140 Sacramento CA 95825 Shelley Self (916) 488-4702 (916) 488-2336 Shelley@McClatchyins.com California Peace Officers' Association 2485 Natomas Park Drive STE 540 Sacramento CA 95833 Great American Insurance Company of New York 22136 CL2482220605 A Y SPP8630003 15 00 10/01/2024 10/01/2025 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A SPP8630003 15 00 10/01/2024 10/01/2025 1,000,000 A 10,000 SPP8630003 15 00 10/01/2024 10/01/2025 1,000,000 1,000,000 A Commercial Cyber and Privacy Liability SPP8630003 15 00 10/01/2024 10/01/2025 Business Income Extension for Web site $10,000 Laptop Computers- Worldwide $5,000 Web Site Publishing Liability $25,000 City of Carlsbad is included as an additional insured as required by a written contract with respect to General Liability. Coverage is Primary and Non-Contributory. City of Carlsbad 2560 Orion Way Carlsbad,CA 92010 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 80 of 92) (1)immediately record the specifics of the claim or "suit"and the date received;and (2)notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit"as soon as practicable. c.You and any other involved insured must: (1)immediately send us copies of any demands,notices,summonses or legal papers received in connection with the claim or "suit"; (2)authorize us to obtain records and other information; (3)cooperate with us in the investigation,or settlement of the claim or defense against the "suit";and (4)assist us,upon our request,in the enforcement of any right against any person or organization that may be liable to the Insured because of injury or damage to which this insurance may also apply. d.No insured will,except at that Insured©s own cost,voluntarily make a payment,assume any obligation,or incur any expense,other than for first aid,without our consent. e.Knowledge of an "Occurrence",Offense,Claim or "Suit" Paragraphs a.and b.apply to any involved insured when the "occurrence",offense,claim or "suit"is known to: (1)that Insured,if the involved Insured is an individual; (2)any partner,if the involved Insured is a partnership; (3)any manager,if the involved Insured is a limited liability company; (4)any "executive officer",risk manager,or insurance manager,if the involved Insured is a corporation; (5)any trustee,if the involved Insured is a trust;or (6)any elected or appointed official,if the involved Insured is a governmental entity,or a subdivision or agency of a governmental entity. This paragraph e.applies separately to each involved insured. 3.Financial Responsibility Laws a.When this Policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law,the insurance provided by the Policy for "bodily injury"liability and "property damage"liability will comply with the provisions of the law to the extent of the coverage and Limits of Insurance required by that law. b.With respect to "mobile equipment"to which this insurance applies,we will provide any liability uninsured motorists,underinsured motorists,nofault or other coverage required by any motor vehicle law.We will provide the required limits for those coverages. R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 81 of 92) 4.Legal Action Against Us No person or organization has a right under this Policy: a.to join us as a party or otherwise bring us into a "suit"asking for damages from an insured; or b.to sue us on this Policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured;but we will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable Limit of Insurance.An agreed settlement means a settlement and release of liability signed by us,the Insured and the claimant or the claimant©s legal representative. 5.Separation of Insureds Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this Policy to the first Named Insured,this insurance applies: a.as if each named insured were the only named insured;and b.separately to each insured against whom claim is made or "suit"is brought. 6.Representations By accepting this Policy,you agree: a.the statements in the Declarations are accurate and complete; b.those statements are based upon representations you made to us;and c.we have issued this Policy in reliance upon your representations. If you unintentionally fail to disclose all hazards relating to the conduct of your business at the inception date of this Policy,we shall not deny coverage under this Policy because of such unintentional failure,but only if you promptly make full disclosure of all such hazards upon discovery of any such unintentional failure to disclose. 7.Other Insurance If there is other insurance covering the same loss or damage,we will pay as follows: a.Primary Insurance This insurance is primary except when b.below applies.If the other insurance is also primary,we will share with all that other insurance by the method described in paragraph c. below. b.Excess Insurance (1)This insurance is excess over: (a)any of the other insurance,whether primary,excess,contributory, non-contributory,contingent,or on any other basis; R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 82 of 92) (i)that is Fire,Lightning,Extended Coverage,Builder©s Risk,Installation Risk or similar coverage for "your work"; (ii)that is fire,lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii)that is insurance purchased by you to cover your liability as a tenant for "property damage"to premises rented to you or temporarily occupied by you with permission of the owner;or (iv)if the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to the extent not subject to exclusion g.of PART TWO - SAFEPAK LIABILITY COVERAGE FORM. (v)that arises out of "property damage"to borrowed equipment or the use of an elevator,to the extent not subject to exclusion 1.k.of section B.Exclusion. (2)Any other insurance available to you covering liability for damages arising out of the premises or operations,or the products and completed operations,for which you have been added as an "additional insured";or (3)(a)Any other insurance available to any person or organization that is an "additional insured"under this Policy.However,this insurance is primary if you have so agreed in a written contract,or if a written permit so requires.If the "additional insured©s" other insurance is also primary,we will share with such other insurance by the method described in c.below; (b)If you have so agreed in a written contract,or if a written permit so requires,this insurance is primary and non-contributory with the "additional insured©s"own insurance.In that case,this insurance is primary and we will not seek contribution from that other insurance; (c)If (b)does not apply,and if a claim or "suit"we cover under this insurance may also be covered by other insurance available to an "additional insured",then that "additional insured"must also submit the claim or "suit"to the other insurer for defense and indemnity. Paragraphs (a)and (b)do not apply to other insurance to which an "additional insured" under this Policy has been added as an "additional insured". (4)When this insurance is excess,we will have no duty under this Policy to defend the Insured against any "suit"if any other insurer has a duty to defend the Insured against that "suit".If no other insurer defends,we will undertake to do so,but we will be entitled to the Insured©s rights against all those other insurers. (5)When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that exceeds the sum of: (a)the total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)the total of all deductible and self-insured amounts under all that other insurance. (6)We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance Provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Policy. R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 83 of 92) c.Method of Sharing If all of the other insurance permits contribution by equal shares,we will follow this method also.Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits.Under this method,each insurer©s share is based on the ratio of its applicable Limit of Insurance to the total applicable Limits of Insurance of all insurers. 8.Transfer of Rights of Recovery Against Others to Us a.Transfer of Rights of Recovery If the Insured has rights to recover all or part of any payment,including supplementary payments,we have made under this Policy,those rights are transferred to us.The Insured must do nothing after loss to impair them.At our request,the Insured will bring "suit"or transfer those rights to us and help us enforce them.This condition does not apply to Medical Expense Coverage. b.Waiver of Rights of Recovery (Waiver of Subrogation) If the Insured waives any right of recovery against any person or organization for all or part of any payment,including supplementary payments,we make under this Policy,we also waive that right,provided the Insured waives such right of recovery against such person or organization in a written contract or written permit executed before the "occurrence", "bodily injury","property damage",offense,or "personal and advertising injury"that took place. F.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1."Advertisement"means a notice that is broadcast or published to the general public or specific market segments about your goods,products or services for the purpose of attracting customers or supporters.For the purpose of this definition: a.notices that are published include material placed on the Internet or on similar electronic means of communication;and b.regarding web sites,only that part of a web site that is about your goods,products or services for the purposes of attracting customers or supporters is considered an "advertisement". 2."Additional insured"means: a.when referring to an "additional insured"under this insurance: (1)a person or organization that is neither a named insured nor described in paragraphs 1. through 5.of Section C -WHO IS AN INSURED,but is an insured under this insurance only by virtue of: (a)paragraph 6.of Section C -WHO IS AN INSURED;or (b)an endorsement we issue. R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 84 of 92) b.when referring to an "additional insured"under any other insurance,a person or organization that is,under that other insurance,neither a Named Insured nor within that Policy©s general description of who is an insured,but is nevertheless protected under that Policy as an insured pursuant to a policy provision or endorsement describing an "additional insured". 3."Auto"means: a.a land motor vehicle,trailer or semitrailer designed for travel on public roads,including any attached machinery or equipment;or b.any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However,"auto"does not include "mobile equipment". 4."Bodily injury"means "bodily injury",sickness or disease sustained by a person,including mental anguish or death resulting from any of these at any time. 5."Coverage territory"means: a.the United States of America (including its territories and possessions),Puerto Rico and Canada; b.international waters or airspace,but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph a.above; c.all other parts of the world if the injury or damage arises out of: (1)goods or products made or sold by you in the territory described in paragraph a. above;or (2)the activities of a person whose home is in the territory described in paragraph a. above,but is away for a short time on your business;or (3)"personal and advertising injury"offenses that take place through the Internet or similar electronic means of communication. provided the Insured©s responsibility to pay damages is determined in a "suit"on the merits, in the territory described in a.above or in a settlement we agree to. 6."Employee"includes a "leased worker"."Employee"does not include a "temporary worker". 7."Executive officer"means a person holding any of the officer positions created by your charter,constitution,by laws or any other similar governing document. 8."Hostile fire"means one which becomes uncontrollable or breaks out from where it was intended to be. 9."Impaired property"means tangible property,other than "your product"or "your work",that cannot be used or is less useful because: a.it incorporates "your product"or "your work"that is known or thought to be defective, deficient,inadequate or dangerous;or R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 85 of 92) b.you have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair,replacement,adjustment or removal of "your product"or "your work"or your fulfilling the terms of the contract or agreement. 10."Insured contract"means: a.a contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b.a sidetrack agreement; c.any easement or license agreement,except in connection with construction or demolition operations or within 50 feet of a railroad; d.an obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; e.an elevator maintenance agreement; f.that part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury"or "property damage"to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1)that indemnifies a railroad for "bodily injury"or "property damage"arising out of construction or demolition operations,within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks,roadbeds,tunnel,underpass or crossing; (2)that indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a)preparing,approving or failing to prepare or approve maps,shop drawings, opinions,reports,surveys,field orders,change orders or drawings and specifications;or (b)giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage;or (3)under which the Insured,if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the Insured©s rendering or failure to render professional services,including those listed in (2)above and supervisory,inspection,or engineering activities. 11."Leased worker"means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm,to perform duties related to the conduct of your business."Leased worker"does not include a "temporary worker". 12."Loading or unloading"means the handling of property: a.after it is moved from the place where it is accepted for movement into or onto an aircraft,watercraft or "auto"; R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 86 of 92) b.while it is in or on an aircraft,watercraft or "auto";or c.while it is being moved from an aircraft,watercraft or "auto"to the place where it is finally delivered; but "loading or unloading"does not include the movement of property by means of a mechanical device,other than a hand truck,that is not attached to the aircraft,watercraft or "auto". 13."Mobile equipment"means any of the following types of land vehicles,including any attached machinery or equipment: a.bulldozers,farm machinery,forklifts and other vehicles designed for use principally off public roads; b.vehicles maintained for use solely on or next to premises you own or rent; c.vehicles that travel on crawler treads; d.vehicles,whether self-propelled or not,maintained primarily to provide mobility to permanently mounted: (1)power cranes,shovels,loaders,diggers or drills;or (2)road construction or resurfacing equipment such as graders,scrapers or rollers; e.vehicles not described in a.,b.,c.or d.above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)air compressors,pumps and generators,including spraying,welding,building cleaning, geophysical exploration,lighting and well servicing equipment;or (2)cherry pickers and similar devices used to raise or lower workers; f.vehicles not described in a.,b.,c.or d.above maintained primarily for purposes other than the transportation of persons or cargo. However,self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment"but will be considered "autos": (1)equipment designed primarily for: (a)snow removal; (b)road maintenance,but not construction or resurfacing;or (c)street cleaning; (2)cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers;and (3)air compressors,pumps and generators,including spraying,welding,building cleaning, geophysical exploration,lighting and well servicing equipment. However,"mobile equipment"does not include any land vehicles that are subject to a R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 87 of 92) compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 14."Occurrence"means an accident,including continuous or repeated exposure to substantially the same general harmful conditions. 15."Personal and advertising injury"means injury,including consequential "bodily injury",arising out of one or more of the following offenses: a.false arrest,detention or imprisonment; b.malicious prosecution; c.the wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room,dwelling or premises that a person occupies,committed by or on behalf of its owner,landlord or lessor; d.oral or written publication,in any manner,of material that slanders or libels a person or organization or disparages a person©s or organization©s goods,products or services; e.oral or written publication,in any manner,of material that violates a person©s right of privacy. f.the use of another©s advertising idea in your "advertisement";or g.infringing upon another©s copyright,trade dress or slogan in your "advertisement". 16."Pollutants"means any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,vapor,soot,fumes,acids,alkalis,chemicals and waste.Waste includes materials to be recycled,reconditioned or reclaimed. 17."Products-completed operations hazard": a.includes all "bodily injury"and "property damage"occurring away from premises you own or rent and arising out of "your product"or "your work"except: (1)products that are still in your physical possession;or (2)work that has not yet been completed or abandoned.However,"your work"will be deemed completed at the earliest of the following times: (a)when all of the work called for in your contract has been completed. (b)when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c)when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 88 of 92) Work that may need service,maintenance,correction,repair or replacement,but which is otherwise complete,will be treated as completed. The "bodily injury"or "property damage"must occur away from premises you own or rent, unless your business includes the selling,handling or distribution of "your product"for consumption on premises you own or rent. b.Does not include "bodily injury"or "property damage"arising out of: (1)the transportation of property,unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you,and that condition was created by the "loading or unloading"of that vehicle by any insured; (2)the existence of tools,uninstalled equipment or abandoned or unused materials;or 18."Property damage"means: a.physical injury to tangible property,including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b.loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the "occurrence"that caused it. For purposes of this insurance,electronic data is not tangible property. As used in this definition,electronic data means information,facts or programs stored as or on, created or used on,or transmitted to or from computer software,including systems and applications software,hard or floppy disks,CD-ROMs,tapes,drives,cells,data processing devices or any other media which are used with electronically controlled equipment. 19."Suit"means a civil proceeding in which damages because of "bodily injury","property damage",or "personal and advertising injury"to which this insurance applies are alleged."Suit" includes: a.an arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent;or b.any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. 20."Temporary worker"means a person who is furnished to you to substitute for a permanent "employee"on leave or to meet seasonal or short-term workload conditions. 21."Volunteer worker"means a person who is not your "employee",and who donates his or her work,acts at the direction of and within the scope of duties determined by you,and is not paid a fee,salary or other compensation by you or anyone else for their work performed for you. 22."Your product"means: a.means: (1)any goods or products,other than real property,manufactured,sold handled, distributed or disposed of by: (a)you; R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 89 of 92) (b)others trading under your name;or (c)a person or organization whose business or assets you have acquired;and (2)containers (other than vehicles),materials,parts or furnished in connection with such goods or products. b.includes: (1)warranties or representations made at any time with respect to the fitness,quality, durability,performance or use of "your product";and (2)the providing of or failure to provide warnings or instructions. c.does not include vending machines or other property rented to or located for the use of others but not sold. 23."Your work"means: a.means: (1)work or operations performed by you or on your behalf;and (2)materials,parts or equipment furnished in connection with such work or operations. b.includes: (1)warranties or representations made at any time with respect to the fitness,quality, durability,performance or use of "your work";and (2)the providing of or failure to provide warnings or instructions. SAFEPAK COMMON POLICY CONDITIONS All coverages of this Policy are subject to the following conditions. A.CANCELLATION 1.The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. 2.We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a.5 days before the effective date of cancellation if any one of the following conditions exists at any building that is Covered Property in this Policy. (1)The building has been vacant or unoccupied 60 or more consecutive days.This does not apply to: (a)seasonal unoccupancy;or R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 90 of 92) (b)buildings in the course of construction,renovation or addition. Buildings with 65%or more of the rental units or floor area vacant or unoccupied are considered unoccupied under this provision. (2)After damage by a covered cause of loss,permanent repairs to the building: (a)have not started,and (b)have not been contracted for within 30 days of initial payment of loss. (3)The building has: (a)an outstanding order to vacate; (b)an outstanding demolition order;or (c)been declared unsafe by governmental authority. (4)Fixed and salvageable items have been or are being removed from the building and are not being replaced.This does not apply to such removal that is necessary or incidental to any renovation or remodeling. (5)Failure to: (a)furnish necessary heat,water,sewer service or electricity for 30 consecutive days or more,except during a period of seasonal unoccupancy;or (b)pay property taxes that are owing and have been outstanding for more than one year following the date due,except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment of such taxes. b.10 days before the effective date of cancellation if we cancel for nonpayment of premium. c.30 days before the effective date of cancellation if we cancel for any other reason. 3.We will mail or deliver our notice to the first Named Insured©s last mailing address known to us. 4.Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. 5.If this Policy is cancelled,we will send the first Named Insured any premium refund due.If we cancel,the refund will be pro rata.If the first Named Insured cancels,the refund may be less than pro rata.The cancellation will be effective even if we have not made or offered a refund. 6.If notice is mailed,proof of mailing will be sufficient proof of notice. B.CHANGES This Policy contains all the agreements between you and us concerning the insurance afforded.The first Named Insured shown in the Declarations is authorized to make changes in the terms of this Policy with our consent.This policy©s terms can be amended or waived only by endorsement issued by us and made a part of this Policy. R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 91 of 92) C.CONCEALMENT,MISREPRESENTATION OR FRAUD This Policy is void in any case of fraud by you at any time as it relates to this Policy.It is also void if you or any other insured,at any time,intentionally conceal or misrepresent a material fact concerning: 1.this Policy; 2.the Covered Property; 3.your interest in the Covered Property;or 4.a claim under this Policy. D.EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this Policy at any time during the policy period and up to three years afterward. E.INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1.make inspections and surveys at any time; 2.give you reports on the conditions we find;and 3.recommend changes. Any inspections,surveys,reports or recommendations relate only to insurability and the premiums to be charged.We do not make safety inspections.We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public.And we do not warrant that conditions: 1.are safe or healthful;or 2.comply with laws,regulations,codes or standards. This condition applies not only to us,but also to any rating,advisory,rate service or similar organization which makes insurance inspections,surveys,reports or recommendations. F.INSURANCE UNDER TWO OR MORE COVERAGES If two or more of this Policy©s coverages apply to the same loss or damage,we will not pay more than the actual amount of the loss or damage. G.LIBERALIZATION If we adopt any revision that would broaden the coverage under this Policy without additional premium within 45 days prior to or during the policy period,the broadened coverage will immediately apply to this Policy. H.PREMIUMS 1.The first Named Insured shown in the Declarations: R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 Includes copyrighted material of Insurance Services Office,Inc.,with its permission BP 86 68 (Ed.06/18)(Page 92 of 92) a.is responsible for the payment of all premiums;and b.will be the payee for any return premiums we pay. 2.The premium shown in the Declarations was computed based on rates in effect at the time the Policy was issued.On each renewal,continuation or anniversary of the effective date of this Policy,we will compute the premium in accordance with our rates and rules then in effect. 3.With our consent,you may continue this Policy in force by paying a continuation premium for each successive one-year period.The premium must be: a.paid to us prior to the anniversary date;and b.determined in accordance with paragraph 2.above. Our forms then in effect will apply.If you do not pay the continuation premium,this Policy will expire on the first anniversary date that we have not received the premium. 4.Undeclared exposures or change in your business operation,acquisition or use of locations may occur during the policy period that are not shown in the Declarations.If so,we may require an additional premium.That premium will be determined in accordance with our rates and rules then in effect. I.PREMIUM AUDIT 1.This Policy is subject to audit if a premium designated as an advance premium is shown in the Declarations.We will compute the final premium due when we determine your actual exposures. 2.Premium shown in this Policy as advance premium is a deposit premium only.At the close of each audit period we will compute the earned premium for that period.Audit premiums are due and payable on notice to the first Named Insured.If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium,we will return the excess to the first Named Insured. 3.The first Named Insured must keep records of the information we need for premium computation,and send us copies at such times as we may request. J.TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this Policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die,your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative.Until your legal representative is appointed,anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. R * AO * 08/16/2024 * SPP 8630003 15 00 Great American Insurance Company of New York *D/B* 622550182 488930 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864 © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTEDEACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER E-MAIL ADDRESS: FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Acct#:2794363 01/17/2025 LOCKTON COMPANIES, LLC 888-828-83653657 Briarpark Dr., Suite 700Houston, TX 77042 Indemnity Insurance Company of North America 43575 CALIFORNIA PEACE OFFICERS' ASSOCIATION 2485 NATOMAS PARK DR STE 540SACRAMENTO, CA 95833-2937 A C72350509 10/01/2024 10/01/2025 X 1,000,000 1,000,000 1,000,000 insperitycerts@locktonaffinity.com CALIFORNIA PEACE OFFICERS' ASSOCIATION Sacramento CA 95833 2485 NATOMAS PARK DR STE 540 Docusign Envelope ID: 31A995BF-914F-45EF-8194-CF932B172864