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HomeMy WebLinkAboutFireground Training Specialist; 2026-02-05;Docusign Envelope ID: F11C6131-ED81-4A6E-9661-A30ABBE9F AAD AGREEMENT FOR ROPE RESCUE AWARENESS AND OPERATIONS TRAINING SERVICES FIREGROUND TRAINING SPECIALIST, LLC 5th THIS AGREEMENT ("Agreement") is made and entered into as of the ______ day of February 20~ by and between the City of Carlsbad, California, a municipal corporation ("City") and Fireground Training Specialist, a limited liability company ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in comprehensive fire service training programs. B. Contractor has the necessary experience in providing professional services and advice related to rope rescue awareness and operations. C. Contractor 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 ("Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) years or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty-five thousand dollars ($45,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend the Agreement, the amount shall not exceed forty-five thousand dollars ($45,000) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit "A" or agreed to in writing by the parties. Page 1 City Attorney Approved Version 9/3/2025 Docusign Envelope ID: F11 C6131-ED81-4A6E-9661-A30ABBE9F AAD City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way 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 result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless the 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 negligence, recklessness, or willful misconduct 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 Page 2 City Attorney Approved Version 9/3/2025 Docusign Envelope ID: F11 C6131-ED81-4A6E-9661-A30ABBE9FAAD 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 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. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of 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. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. Page 3 City Attorney Approved Version 9/3/2025 Docusign Envelope ID: F11 C6131-ED81-4A6E-9661-A30ABBE9FAAD 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. Page 4 City Attorney Approved Version 9/3/2025 Docusign Envelope ID: F 11C6131-ED81-4A6E-9661-A30ABBE9F AAD 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. 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 are: For City: For Contractor: Name Kevin Lynds Name Eduardo Nilo Title Division Chief Title Owner Dept Fire Address 846 Majella Ave. CITY OF CARLSBAD La Verne, CA 91750 Address 2560 Orion Way Phone 909-964-003 7 Carlsbad, CA 92010 Email fts@firegroundts.com Phone 442-339-2141 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. 16. CONFLICT OF INTEREST 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 i;gJ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. Page 5 City Attorney Approved Version 9/3/2025 Docusign Envelope ID: F11C6131-ED81-4A6E-9661-A30ABBE9F AAD 18. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 19. 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. 20. DISCRIMINATION. HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (S) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attorney Approved Version 10/23/2025 Page 6 Docusign Envelope ID: F11C6131-ED81-4A6E-9661-A30ABBE9FAAD 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTION 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. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 28. 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. City Attorney Approved Version 10/23/2025 Page 7 Docusign Envelope ID: F11C6131-ED81-4A6E-9661-A30ABBE9FAAD 29. 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. db h• _4 ____ day of __ Fe_b_r_u_a_rY ______ __, 20_26. Execute y Contractor t 1s CONTRACTOR Fireground Training Specialist, a limited liability company By: (sign here) Eduardo Nilo, Owner (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Michael Calderwood, Fire Chief ATTEST: SHERRY FREISINGER, City Clerk By: Deputy/ Assistant City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. !f...§. corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: _J_UA,\,U_·(tr_~_-i)_Vttt.-___ _ Senior Assistant City Attorney City Attorney Approved Version 10/23/2025 Page 8 Docusign Envelope ID: F11 C6131-ED81-4A6E-9661-A30ABBE9FAAD EXHIBIT A SCOPE OF SERVICES AND FEE Fireground Training Specialist, LLC will provide Rope Rescue Awareness and Operations Training at the City of Carlsbad Safety Training Center, located at 5750 Orion Street, Carlsbad, California. Course Description: The course provides emergency responders with the knowledge and hands-on skills necessary to safely and effectively perform operations-level tower rescue procedures in accordance with Authority Having Jurisdiction (AHJ) policies and procedures. Instruction covers both awareness and operations training components based on NFPA 1006 (2021) standards. Upon completion, participants will be prepared to conduct tower rescue operations in compliance with industry and safety best practices. Course Topics Include: • Use and inspection of personal protective equipment (PPE) and rope rescue equipment • Incident size-up, planning, and operational support • Construction of anchor systems • Placement of edge protection • Design and implementation of fall protection systems • Construction and operation of lowering systems, simple, compound, and complex mechanical advantage systems, and ladder-based rescue systems • Rescue operations in low-angle and high-angle environments • Incident termination and post-incident procedures Prerequisites: Participants must complete the following FEMA courses prior to enrollment: • IS-100: Introduction to the Incident Command System • IS-200: JCS for Single Resources and Initial Action Incidents • IS-700: National Incident Management System, An Introduction • IS-800: National Response Framework, An Introduction Course Details: • Dates: Scheduled when needed • Times: 0800 -1800 hours • Location: 5750 Orion Street, Carlsbad, CA 92010 • Tuition: Per-participant rate, approved prior to training session • Maximum Participants: 12 City Attorney Approved Version 10/23/2025 Page 9 Docusign Envelope ID: F 11 C6131-ED81-4A6E-9661-A30ABBE9F AAD Dress Code and Required PPE: Participants must wear approved agency attire and provide the following NFPA-compliant personal protective equipment: • NFPA-rated helmet (rescue style preferred) • Safety glasses • Rescue gloves • Steel-toe safety boots • Long pants (brush or single-layer pants and coat recommended) Fireground Training Specialist will provide: • Qualified instructors keeping a 6:1 student-to-instructor ratio • State Fire Training Certificate of Completion • Administrative Fees Agreement compensation shall not exceed forty-five thousand dollars ($45,000) per Agreement year. City Attorney Approved Version 10/23/2025 Page 10 Docusign Envelope ID: F11 C6131-ED81-4A6E-9661-A30ABBE9FAAD ACORt;l CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) ~ 11/05/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE 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). PRODUCER Simply Business CONTACT Simply Business NAME: 53 State Street PHONE /844) 654-7272 ' FAX 19th Floor /A/C No Extl: IA/C Nol: E-MAIL contactus@simplybusiness.com Boston, MA02109 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Comoanv Inc 10200 INSURED Fireground Training Specialist LLC INSURER B: 846 Majella Ave INSURERC: La Verne, California 91750 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DDNYYY\ IMM/DDNYYY\ LIMITS A X COMMERCIAL GENERAL LIABILITY X H IUS4670666XB2 09/25/2025 09/25/2026 $1,000,000 .__ ~ CLAIMS-MADE EACH OCCURRENCE ~ OCCUR DAMAGE TO RENTED $100,000 PREMISES /Ea occurrence! -MED EXP (Any one person) $5,000 -PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 -□ □LDC X PRO-SIT Gen. AmJ. .__ POLICY JECT PRODUCTS· COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMII -/Ea accident! ANY AUTO BODILY INJURY (Per person) -~ SCHEDULED OWNED AUTOS BODILY INJURY (Per accident) AUTOS ONLY - -HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY I Per accident! -- UMBRELLA LIAB HOCCUR EACH OCCURRENCE .__ EXCESS LIAB CLAIMS-MADE AGGREGATE DED I I RETENTION WORKERS COMPENSATION l~~fTUTE I IOTH- AND EMPLOYERS' LIABILITY Y/N ER ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT PROFESSIONAL LIABILITY EACH CLAIM AGGREGATE DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Certificate holder is included as an additional insured on the General Liability policy per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2560 Orion Way, Carlsbad, CA 92010 AUTHORIZED REPRESENTATIVE u~D~ © 1988-2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: F 11 C6131-ED81-4A6E-9661-A30ABBE9F MD "''"' HISCOX HISCOX INSURANCE COMPANY INC. (A Stock Company) 30 North LaSalle Street, Suite 1760, Chicago, Illinois 60602 Policy Number: HIUS4670666XB2 Named Insured: Fireground Training Specialist LLC Endorsement Number: 17 Effective Date: September 25, 2025 (312) 380-5555 ADDITIONAL INSURED -AUTOMATIC STATUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: A. Section 11-Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) for whom you are performing operations or leasing a premises when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. A person's or organization's status as an additional insured under this endorsement ends when your operations or lease agreement for that additional insured are completed. CGL E5421 CW (02/14) Page 41 of 62 Docusign Envelope ID: F11 C6131-ED81-4A6E-9661-A30ABBE9F AAD --,, ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ~ 11/05/2025 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. 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). PRODUCER Simply Business CONTACT Simply Business NAME: 53 State Street PHONE (844) 654-7272 I FAX 19th Floor IA/C No Extl: IA/C Nol: E-MAIL contactus@simplybusiness.com Boston, MA02109 ADDRESS: INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200 INSURED Fi reground Training Specialist LLC INSURER B: 846 Majella Ave INSURERC: La Verne, California 91750 INSURERD: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER /MM/DD/YYYYI IMM/DD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE u CLAIMS-MADE OoccuR DAMAGE TO RENTED -PREMISES /Ea occurrence! -MED EXP (Any one person) PERSONAL & ADV INJURY - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE =i □PRO-□LOC POLICY JECT PRODUCTS -COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMI 1 /Ea accident) -ANY AUTO BODILY INJURY (Per person) --SCHEDULED OWNED AUTOS BODILY INJURY (Per accident) -AUTOS ONLY ,--HIRED NON-OWNED PROPERTY DAMAGE ,__ AUTOS ONLY ,--AUTOS ONLY /Per accident) UMBRELLA LIAB HOCCUR EACH OCCURRENCE -EXCESS LIAB CLAIMS-MADE AGGREGATE DED I I RETENTION WORKERS COMPENSATION IPER I IOTH- AND EMPLOYERS' LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L EACH ACCIDENT OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT A PROFESSIONAL LIABILITY X H IUS4670667XB 09/25/2025 09/25/2026 EACH CLAIM $1,000,000.00 AGGREGATE $1,000,000.00 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as an additional insured on the Professional Liability policy per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2560 Orion Way, Carlsbad, CA 92010 AUTHORIZED REPRESENTATIVE (?~([)~ © 1988-2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: F11 C6131-ED81-4A6E-9661-A30ABBE9F AAD WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement( s). Requested by: Jennie Marinov, City of Carlsbad Fire Department (Name and Department) 2/3/2026 (Date) Proposed modification(s) to the _A_u-tp_m_o_b_ile _____ requirement(s) for Fireground Training Specialist, LLC (Type of insurance) (Name of contract) D Reduce coverage to the amount of: """$ ______ _ ~ Waive coverage D Other: ---------------------------------- FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) □Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] ______ _ □Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] __________ _ □Contract Amount/Term of Contract: $ _______ . Work will be completed over a period of __ _ □Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. ___________________________ _ ~Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): The training course will take place at the City of Carlsbad Safety Training Center for Carlsbad fire personnel. The course will not involve any driving activities. Approved by Risk Manager for this contract only: ~ ~o.L., t?uswi,:, 2/4/2026 (Signature) (Date) Docusign Envelope ID: F 11 C6131-ED81-4A6E-9661-A30ABBE9F AAD WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Eduardo Nilo h owner I, ________________ , amt e _______________ _ [insert name] Fireground Training Specialist, LLC of _____________ _ [ name of company] [title] I h b 'f h Fireground Training Specialist ere y cert1 y t at __________ _ [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' Should Fireground Training Specialist, LLC liability insurance. _________________ employ any person [ name of company] . . fire service training programs dunng the term of the Agreement with the City of Carlsbad for ___________ _ [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. [Name] Owner of Fireground Training Specialist, LLC [Title and name of company or corporation]