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HomeMy WebLinkAboutElevated Performance Concepts; 2026-08-04;Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 AGREEMENT FOR ON-SITE LAW ENFORCEMENT TRAINING SERVICES ELEVATED PERFORMANCE CONCEPTS, LLC THIS AGREEMENT ("Agreement") is made and entered into as of the 4th day of August 2026, by and between the City of Carlsbad, California, a municipal corporation ("City") and Elevated Performance Concepts, a limited liability company ("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 The total fee payable for the Services to be performed during the initial Agreement term shall not exceed ten thousand dollars ($10,000.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payment terms are Net 30 unless otherwise provided in Exhibit "A" or agreed to in writing by the parties. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 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 City Attorney Approved Version 10/23/2025 Page 1 Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 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 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 Name Title Heather Hutchinson Training Coordinator Department Police City of Carlsbad Address 2560 Orion Way Carlsbad, CA 92010 Phone No. 442-339-2181 For Contractor Erik Ti love Name Title Address Owner Phone No. Email Page 2 8334 Stonebrook Drive Corona, CA 92880 949-292-9810 erik@elevatedperformanceconce pts.com City Attorney Approved Version 10/23/2025 Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 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 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. 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. 11. CALIFORNIA AIR RESOURCES BOARD (CARS) 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. 12. 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. 13. 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 City Attorney Approved Version 10/23/2025 Page 3 Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 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. 14. 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. 15. 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. 16. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 17. 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. 18. 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. II II II II II II II II Page 4 City Attorney Approved Version 10/23/2025 Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 19. 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. Elevated Performance Concepts, a limited liability company By: (sign here) Erik Tilove, Owner (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Christie Calderwood, Chief of Police ATTEST: SHERRY FREISINGER, City Clerk By: Morgen Fry, Assistant City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. liE_ 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_uuu_·r,r_r_. 1)_vw,. ___ _ Senior Assistant City Attorney City Attorney Approved Version 10/23/2025 Page 5 Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 EXHIBIT A SCOPE OF SERVICES AND FEE The on-site training course will be conducted at the City of Carlsbad Safety Training Center, located at 5750 Orion Street, Carlsbad, California 92010, from November 30 through December 1, 2026. Low Light Risk Mitigation -Pistol and Rifle Training The purpose of the course is to improve officer performance and safety during low-light operations through instruction and practical application of handheld and weapon-mounted lighting systems for both pistol and patrol rifle platforms. Training Objectives The Contractor shall provide instruction that includes, but is not limited to, the following: Day One -Pistol Applications • Principles of low-light threat identification and risk mitigation. • Selection and use of handheld and weapon-mounted lights (WML). • Handheld flashlight techniques. • Weapon-mounted light techniques. • Transitions between handheld and weapon-mounted lighting. • Strong-hand-only shooting techniques. • Multiple target engagements. • Decision-making and judgment drills. • Live-fire exercises emphasizing speed, accuracy, and officer safety. Day Two -Rifle Applications • Proper rifle mounting and presentation. • Selection and operation of rifle-mounted lighting systems and switches. • Low-light rifle manipulations. • Rifle-to-pistol transition techniques. • Barricade shooting and positional shooting. • Use of Low Power Variable Optics (LPVOs) and magnified optics for positive identification (PID) at distance. • Live-fire exercises incorporating realistic low-light scenarios and movement. Equipment Evaluation The Contractor shall provide instruction on the capabilities, limitations, and appropriate application of handheld lighting equipment, weapon-mounted lights, optics, and related accessories from various manufacturers to assist students in selecting and deploying lighting systems appropriate for law enforcement operations. City Attorney Approved Version 10/23/2025 Page 6 Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 Required Student Equipment Participants shall provide, at a minimum: • Duty pistol equipped with a weapon-mounted light (WML). • Patrol rifle equipped with a weapon-mounted light. • Handheld flashlight. • Duty or range belt with holster and magazine pouches. • Minimum of three (3) magazines (five (5) recommended). • Approximately 500 rounds of ammunition for each firearm platform. • Eye and hearing protection. • Spare batteries for lights and optics. Compensation • The tuition for this course is Four Hundred Fifty Dollars ($450.00) per student. • The course shall require a minimum enrollment often (10) paid participants and shall be limited to a maximum enrollment of fourteen (14) students. • As the host agency, the Carlsbad Police Department shall receive two (2) complimentary training seats at no additional cost. • Total compensation under this Agreement shall be based on actual enrollment and shall not exceed ten thousand dollars ($10,000.00), inclusive of all labor, travel, materials, equipment, supplies, and any other costs incurred by the Contractor. City Attorney Approved Version 10/23/2025 Page 7 Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 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, Police 7/30/2026 (Name and Depaiiment) (Date) Proposed modification(s) to the automobile insurance (Type of insurance) requirement(s) for on-site law enforcement training (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] __________ _ Ocontract 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 services do not involve the use of a vehicle. Approved by Risk Manager for this contract only: ~DJl'o.k ~SW0 8/4/2026 (Signature) (Date) Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Erik Tilove h Sole Member and Manager I, ________________ , amt e _______________ _ [insert name] [title] Elevated Performance Concepts, LLC of _____________ _ b . h Elevated Performance Concepts I here y certify t at __________ _ [ name of company] [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' Id Elevated Performance Concepts, LLC liability insurance. Shou _________________ employ any person [ name of company] law enforcement training courses during 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. Erik Tilove Owner of Elevated Performance Concepts, LLC Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 .--~ DATE (MM/ODNYYYJ ACORD" CERTIFICATE OF LIABILITY INSURANCE 07/30/2026 .__. ... 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 pollcy(les) 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 CONTACT NAME: Lockton Affinity Lockton Affinity, LLC PHONE IFAX 10895 Lowell Avenue, Suite 300 (A/C,NO Ext): 844-401-9444 (A/C, No): Overland Park, KS 66210 E-MAIL ADDRESS: INSURERIS\ AFFORDING COVERAGE NAIC# INSURER A: Harco National Insurance Company ~6433 INSURED INSURERB: Erik Tilove dba Elevated Performance Concepts LLC INSURERC: 8334 STONE BROOK DR INSURERD: EASTVALE CA 92880-3983 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. NOTW)THSTANDING 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDDNYYY) (MMIDDNYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 A I r.1aims Made X I Occur Df\Mf\C>t: TO t<t:"Tl:D PREMISES IEa occurrencal 4: 500 000 X Professional Liability X X LOI-GL-1016284-01 07 /OB/2026 07/08/2027 MED EXP (Any one person) ,j; 5 ODO PERSONAL & ADV INJURY 4: 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4: 2 000 000 X POLICY I PROJEC I lwc PRODUCTS -COMP/OP AGG ,t 2 000 000 OTHER AUTOMOBILE LIABILITY l,UMBINEU blNl>Lt: LIMI I $ /Ea accident\ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ! SCHEDULED BODILY INJURY (Per accidenl) $ -ONLY AUTOS HIRED AUTOS ! NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ONLY t Per acclden!\ -$ UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-AGGREGATE $ Di I RETENTION $ $ WORKERS COMPENSATION I ~\ifruTE I I OTH- AND EMPLOYERS' LIABILITY YIN ER ANYPROPRIETOR/PARTNER/EXECUTIVE E,L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E,L. DISEASE -EA EMPLOYEE $ If yes, descrtbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE. POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addlllonal Remarl<s Schedule, may be attached If more space Is required) Certificate Holder Is listed as an additional Insured, as required by written contract, for liability arising out of premises owned, rented, leased, or occupied by the named Insured or arising out of the named insureds ongoing operations. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/Carlsbad Police Dept SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2560 Orion Way ACCORDANCE WITH THE POLICY PROVISIONS, Carlsbad, CA 92010 AUTHORIZED REPRESENTATIVE 9 6 ~ © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 3124867 CERTINSTAIP1 Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 COMMERCIAL GENERAL LIABILITY LO 01 0412 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. B. The following is added to paragraph 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. C. The following are added to SECTION II -WHO IS AN INSURED: Who is an insured is amended to include as an additional insured 1. Any additional insured any person(s) or organization(s) for whom you 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(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions or the acts or omissions of those acting on your behalf: a. In connection with premises you own, rent, lease, or occupy; or b. In the performance of your ongoing operations. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. The insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. Any state, government agency or subdivision or political subdivision that has issued a permit or authorization in connection with premises you own, rent or control. This insurance applies only to the following: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decoration and similar exposures; b. The construction, erection or removal of elevators; or c. The ownership, maintenance, or use of any elevators covered by this insurance. LO 01 0412 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 Docusign Envelope ID: 42E88164-5978-8598-8054-81355EC23FE7 This insurance does not apply to: a. "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the state or municipality; or b. "Bodily injury" or "property damage" included within the "products-completed operations hazard". 3. Any manager, lessor of insured premises, owner or other interest from whom land has been leased, that person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises or land leased to you. This insurance does not apply to: a. Any "occurrence" that takes place after you cease to lease that land or after you cease to be a tenant in that premises; or b. Structural alterations, new construction, or demolition operations performed by or on behalf of that person or organization. 4. Any person(s) or organization(s) that is a controlling interest is an additional insured but only for their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy those premises. D. With respect to the insurance afforded to these additional insureds, the following is added to SECTION Ill - LIMITS OF INSURANCE If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The amount available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the limits of insurance. LO 01041220 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2