HomeMy WebLinkAboutCalifornia Department of Consumer Affairs, Division of Investigation; 2020-01-16; USE19-701GSSTATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ~------------.--------------,
STANDARD AGREEMENT AGREEMENT NUMBER
0000000000000000000039311
PURCHASING AUTHORITY NUMBER (If Applicable)
STD213 (Rev.03/2019)
1. This Agreement Is entered Into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Department of Consumer Affairs, Division of Investigation
CONTRACTOR NAME
City of Carlsbad Safety Training Center
2. The term of this Agreement Is:
START DATE
July 1, 2019 or upon approval, whichever occurs later.
THROUGH END DATE
June 30, 2022, or three years from execution date, whichever occurs later.
3. The maximum amount of this Agreement Is:
$84,555.28 (eighty-four thousand five hundred fifty-five dollars and twenty-eight cents)
4. The parties agree to comply with the terms and conditions of the followlng exhibits, which are by this reference made a part of the Agreement.
EXHIBITS TITLE
Exhibit A Scope of Work
ExhlbltA Attachment 1 -Oty of cartsbad Agreement for Use
ExhlbltB Budget Detail and Payment Provisions
ExhlbltC* General Terms and Conditions
ExhlbltD Special Terms and Conditions
ExhlbltE Additional Terms and Conditions
Items shown with an asterisk(*), are hereby Incorporated by reference and made part of this agreement as If attached hereto.
These documents can be viewed at https:llwww.dgs.ca.qov/QLSIResources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME {If other than an lndMdual, state whether a corporation, partnership, etc.)
City of rlsbad Safety Training Center
UEC-6 20\9
CITY
Carlsbad
TmE
City Manager
DATE SIGNED
STATE
CA
PAGES
1
11
2
4/2017
1
1
ZIP
92010
Page 1 of 2
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ~-----------~---------------,
STANDARD AGREEMENT
STD 213 (Rev.03/2019)
CONTRACTING AGENCY NAME
AGREEMENT NUMBER
0000000000000000000039311
STATE OF CALIFORNIA
PURCHASING AUlHORITY NUMBER (If Applicable)
Department of Consumer Affairs, Division of Investigation
CONTRACTING AGENCY ADDRESS
1625 N. Market Blvd., Suite S-103
PRINTED NAME OF PERSON SIGNING
Steve Del Rio
r
'\)
CllY
Sacramento
TITLE
STATE ZIP
CA 95834
Procurement and Contracting Officer
DATE SIGNED
Page2of2
ATTACHMENT 1
AGREEMENT FOR -USE OF THE CARLSBAD SAFETY TRAINING CENTER (STC)
BETWEEN
THE CITY OF CARLSBAD AND
CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS QIVISION OF INVESTIGATION
1. PARTIES AND DATE
This Agreer~r use of the Carlsbad Safety Training Center (STC) ("Agreement") is
entered into this ✓ day of 09,\,\y,,cif ~ , 7-9lO , by and between the
City of Carlsbad, a municipal corporation organized er the laws of the State of California with
its principal place of business at 5750 Orion Street, Carlsbad, California 9201 O ("City"), and
California Department of Consumer Affairs Division of Investigation with its principal place of
business at 1747 North Market Boulevard, Suite 265, Sacramento, California 95834 ("Agency").
City and Agency are sometimes individually referred to as "Party" and collectively as "Parties" in
this Agreement.
2. RECITALS
2.1 Agency desires to use certain City facilities located at 5750 Orion Street in the
City of Carlsbad, California, known as the Carlsbad Safety Training Center ("STC Facilities");
and
2.2 Agency desires to use the STC Facilities for the purposes of conducting Firearms
Training and other Law Enforcement Training Activities commencing on or about July 1, 2019
(Training Events").
2.3 City is willing to allow the Agency to use the STC Facilities pursuant to the terms
and conditions set forth below.
3. TERMS AND CONDITIONS
3.1 STC Facilities. City agrees to allow Agency to use the STC Facilities pursuant to
this Agreement including the conditions, requirements, and fees as described in Exhibit "A",
Exhibit "B", Exhibit "C", and applicable STC Standard Operating Procedures (SOP), as may be
amended from time to time by the City at its sole and absolute discretion, all as incorporated
herein by this reference. The STC Facilities are subject to the needs of the City and as such the
Agency's use of STC Facilities may be cancelled by the City at any time. In the event City
determines, in its sole and absolute discretion, that the STC Facilities are needed for any City
purposes, the Agency shall immediately vacate the STC Facilities upon notice by the City. It will
also be understood that the STC Facilities will be made available on an "as is" basis.
3.2 Training Events. Agency represents and warrants that all attendees,
participants, students, observers, instructors and any other persons brought to the STC
Facilities by the Agency ("Agency Invitees") are qualified to participate in the Training Events,
and use of the STC Facilities. The City retains the discretion to terminate this Agreement and
requires all Agency Invitees to immediately vacate the STC Facilities if the Training Events or
anyone's participation in the Training Events poses any kind of threat or liability to the City, the
public, Agency Invitees or anyone else. Agency Invitees shall not be considered an employee
or agent of City for any purpose related to the Training Events.
City Attorney Approved Version 2/11/14
3.3 Release of liability / Assumption of Risk. In consideration of the City's
Agreement to allow the Agency to use the STC Facilities, the Agency, on behalf of itself and its
elected officials, officers, employees, contractors, agents, volunteers, students, and all Agency
Invitees hereby releases and forever discharges the City and each of its elected officials,
officers, employees, contractors, agents, and volunteers from any and all known and unknown,
certain or contingent, past, present or future obligations, liabilities, demands, claims, costs,
expenses, debts, controversies, damages, actions, and causes of action of every nature,
character, or description which they may have against the City, arising from or in any way
related to the Training Events, use of STC Facilities or this Agreement. Furthermore, Agency
assumes all risks associated with using the STC Facilities for the Agency's purposes, including
but not limited to inspections of the facility prior to and after use, determination that the facilities
"as is" status is appropriate for the Agency's Training Events, supervision and control of all
Agency Invitees involved in the Agency's use of the STC Facilities including Agency Invitees,
members of the general public and anyone else exposed during the period of time the Agency is
using the STC Facilities.
AGENCY HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR
WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542
("SECTION 1542"), WHICH IS SET FORTH BELOW:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR."
BY SIGNNING BELOW, AGENCY HEREBY WAIVES THE PROVISIONS OF
SECTION 1542 IN CONNECTION WITH THE RELEASED MATTERS.
ature of Agency Representative
'v()J)A1{t 71){~
Printed Name of Agency Representative
3.4 Indemnification / Hold Harmless. Agency shall indemnify, defend and hold
harmless City, its elected officials, officers, employees, contractors, agents, and volunteers
("Indemnified Parties") from and against any and all claims, damages, demands, liability, costs,
losses and expenses, including, without limitation, court costs and reasonable attorneys' fees
and costs, arising out of, in connection with or in any way related to Agency's actions or
inactions related to this Agreement, including withou.t limitation any actions or inactions related
to use of STC Facilities or the Training Events, to the fullest extent permitted by law.
3.5 Assumption of Risk Agreement and Participant Release. Agency shall ensure
that all Agency Invitees observing or participating in the Training Events sign and execute a
release, substantially in the same form as set forth in the attached Exhibit "B", incorporated by
this reference ("Participant Release"). No one shall attend or participate in the Event or use the
STC Facilities without signing and executing a Participant Release also commonly known as a
Hold Harmless Agreement.
2 City Attorney Approved Version 2/11/14
3.6 Insurance. Agency shall, at its sole expense, procure and maintain for the
duration of its obligations under this Agreement insurance against claims for injuries to persons
or damages to property which may arise from or be in connection with the STC Facilities and
the Training Events or activities conducted by the Agency, its elected officials, officers,
employees, contractors, agents, volunteers, students, and Agency Invitees. The insurance shall
take the form of a commercial general liability policy or approved self-funding agreement, to
include bodily injury, personal injury, and property damage coverage, written on an occurrence
basis with a company reasonably acceptable to the City, in an amount not less than Two Million
Dollars ($2,000,000) to cover any activities performed by any person under the permission
granted herein and any damage or loss suffered or incurred by the City, its elected officials,
officers, employees, contractors, agents, and volunteers resulting from such activity. The
insurance will be obtained from an insurance carrier admitted and authorized to do business in
the State of California. The insurance carrier is required to have a current Best's Key Rating of
not less than "A-:VII" OR with a surplus line insurer on the State of California's list of Eligible
Surplus line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least
"A:X". Agency shall maintain Workers Compensation coverage in the statutorily required
amounts, if applicable. Agency shall require its insurer to waive all rights of subrogation against
City, its elected officials, officers, employees, contractors, agents, and volunteers, except for
any liability resulting from the willful misconduct or grossly negligent acts of City. The Agency
will provide evidence of such insurance coverage to City's satisfaction prior to initiating the
Training Events. The Agency shall cause all such policies to be endorsed to add the City, its
elected officials, officers, employees, contractors, agents, and volunteers as Additional
lnsured's. Agency's self-funded programs will be required to provide evidence that meets City's
requirements as determined at the sole and absolute discretion of the City.
3.7 Governmental AQQrovals. Agency shall or has obtained all necessary and
applicable federal, state and local approvals, certifications, and permits to conduct the Training
Events prior to use of STC Facilities. City reserves the right to require Agency to provide proof
regarding these approvals, certifications, and permits, if applicable.
3.8 Scheduling of Facility/ Cancellations. Agency may schedule use of the City's
Facilities on an "as available", "first come first served" basis by contacting the City's Facility
Manager. In the event Agency is unable to use its allotted time(s), it shall, contact the City's
Facility Manager within ten (10) business days. Agency will be invoiced for hours scheduled not
actual hours used if sufficient notice for cancellation is not provided.
3.9 Term of Agreement. The term of this Agreement shall commence upon
execution of this Agreement by the parties, or upon approval from the Department of General
Services, whichever occurs later, and shall terminate three (3) years from the date of
commencement. It is also understood that the City may terminate this Agreement at any time
for any or no reason.
3.10 Payments for Use of STC Facilities. City shall invoice Agency on an hourly fee
based upon Agency scheduling and use of STC Facilities. All STC Facility use fees shall be in
accordance with the STC Facility fee table which may be amended by the City from time to time.
Agency shall remit payment in full to the attention of City of Carlsbad, 1635 Faraday Avenue,
Carlsbad, CA 92008, within thirty days (30) days of receipt of such invoice. Late charges on
unpaid balances shall be computed and paid in accordance with the Prompt Payment Act
(Government Code sections 927 et seq.). Agency shall be liable for the payment at the full cost
of the use of the STC Facilities for the hours scheduled for Training Events whether or not
Agency subsequently uses the STC Facilities or not.
3 City Attorney Approved Version 2111/14
3.11 Accidents / Damage Investigations. The Agency Safety Officer, as such person
is described in the STC Facilities Standard Operating Procedures (SOP), shall immediately
report any injury or non-injury accidents, equipment damage and/or negligent firearm
discharges immediately to the City Facility Manager. The parties agree to fully and promptly
cooperate in the investigations of injury or non-injury accidents, equipment damage and/or
negligent firearm discharges arising from Agency's use of the STC Facilities. The City's Facility
Manager will coordinate such investigations for the purpose of determining cause, responsibility
and any physical or operational modifications or improvements deemed necessary to improve
facility safety. In the event damage to the STC Facility requires repair and/or replacement, City
shall affect such repair and present to the Agency an invoice for the cost of the
repairs/replacement plus 5% (five percent) for City administrative costs. Agency shall remit
payment in full to the attention of City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008,
within thirty days (30) days of receipt of such invoice. A late charge equivalent to 5% of the
unpaid balance shall be assessed on all accounts ten (10) or more days past due.
3.12 Facility Inspections/ Cleanup._ The parties will conduct a joint inspection of STC
Facilities before and after use. All damages will be annotated on inspection sheets provided by
the City's Facility Manager to Agency. Agency shall be responsible for general cleanup of the
STC Facilities following its use of the same. For purposes of this Agreement, "cleanup" for STC
Facilities will be described in further detail in the STC Facilities SOP.
3.13 Notices. Except as otherwise expressly provided by law, any and all notices or
other communications required or permitted by this Agreement to be served on or given to
either party to this Agreement shall be in writing and shall be deemed duly served or given when
personally delivered to the party to whom it is directed or to any managing or executive officer or
director of that party in lieu of personal service when deposited in the United States mail, first
class postage prepaid, addressed as follows:
If to Agency:
California Department of Consumer Affairs
Division of Investigation
1747 North Market Boulevard, Suite 265
Sacramento, California 95834
If to City:
City of Carlsbad
Attn: Janean Hawney
Contract Administration
1635 Faraday Avenue
Carlsbad, CA 92008
3.14 Survival. Agency's obligations to release, indemnify, defend, and hold harmless
the City as set forth in this Agreement, shall survive expiration or termination of the term of this
Agreement and shall remain in effect until there is no risk to the City of any liability for any
claims or losses due to the use of the STC Facilities for the Training Events.
3.15 Interpretation. The provisions of this Agreement are intended by the parties to be
interpreted and construed to provide the fullest protection possible under the law to the City.
3.16 Selection of Counsel. Agency's obligation to indemnify the City under this
Agreement shall include the obligation of the Agency to defend City with legal counsel of City's
own choosing. In the event City elects not to select such counsel, the designation of such
counsel shall be made by the Agency but shall be subject to prior approval by City.
4 City Attorney Approved Version 2/11/14
3.17 Entire Agreement. This written document contains the entire agreement of the
parties and supersedes any prior oral or written statements or agreements between the parties.
No supplement, modification, or amendment of this Agreement shall be binding unless executed
in writ\ng by the parties.
3.18 Waiver and Severability. No waiver of any default shall constitute a waiver of any
other breach or default, whether of the same or of any other covenant or condition. No waiver,
benefit, privilege or service voluntarily given or performed by either party shall give the other
party any contractual right by custom, estoppel or otherwise. If any provision of this Agreement
is invalid or unenforceable with respect to any party, the remainder of this Agreement or the
application of such provision to persons other than those as to whom it is held invalid or
unenforceable, shall not be affected and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
3.19 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original and which collectively shall constitute one instrument.
3.20 Authority; Binding on Successors and Assigns. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to enter
into this Agreement and bind each respective party. This Agreement shall be binding on and
inure to the benefit of the successors and permitted assignees of the respective parties.
Notwithstanding the foregoing, this Agreement may not be assigned by Agency unless City
consents in writing to such assignment.
3.21 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of California. Any action to interpret or enforce this Agreement shall be brought and
maintained exclusively in the courts of and for San Diego County, California.
[SIGNATURES ON NEXT PAGE]
5 City Attorney Approved Version 2/11/14
4. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it, on behalf of
Agency, e h represent and warrant that they have the legal power, right and actual authority to
bind Age to the terms and conditions of this Agreement.
CITY OF
By: Attest: -......1.,11,~L::;..;;.---A,,~,t.J,,(.l.~:.:=:..;.--,,,-r-
Barbara Engleson
City Clerk
By:
Signature
Na.~e (Print) , . , "('' {/ tJ~e (Print)
(7711:77 lU~ :iVv/tfS ~tr1Cl1v
Title (Print) Title (Print)
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
By: ~~/
Deputy City Attorney J
6 City Attorney Approved Version 2/11/14
rt TAT~ OP 011l.lPDRNJA
EXECUTIVE OFFICE
1625 N. Market Blvd .. Suite S 308, Sacramento, CA. 95834
, P (916) 574-8200 F (916) 574-8613 I www.dca.ca.gov
DELEGATION OF AUTHORITY
NEGOTIATION AND EXECUTION OF CONTRACTS
Pursuant to Government Code section 7 and Business and Professions Code
section 10, I, KIMBERLY KIRCHMEYER, Director of the Department of Consumer
Affairs, hereby delegate to:
LAURA SOBER Business Services Officer
Business Services Office
STEVEN DEL RIO Procurement and Contracting Officer
Business Services Office
MICHELLE POLK Manager, Non-IT Services Unit
Business Services Office
BRIAN CASTRO ManagerJ IT Acquisitions Unit
Business Services Office
LISA HERNANDEZ Facilities and Business Resources Officer
Business Services Office
TENILLE JONES Manager, Business Management Services Unit
Business Services Office
KEN BROWN Manager, Facilities & Planning Unit
Business Services Office
NICOLE GOTTARDO Manager, Non-IT Procurement Unit
Business Services Office
the authority to negotiate and execute contracts in accordance with sections 156 and
156.5 of the Business and Professions Code.
This delegation of authority revokes any prior delegation of authority issued
regarding the above matter and shall remain in effect until revoked or superseded by a
later delegation of authority.
Executed this i fl day of N(}-t;,.J,wJtl{
California.
Director
, 2019, in Sacramento,
Department of Consumer Affairs
EXHIBIT "A"
Department of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000039311
Exhibit A. Attachment 1
USE19-701GS
SAFETY TRAINING CENTER FACILITY DESCRIPTION,
CAPABILITIES AND LOCATION
1. The Carlsbad Safety Training Center (STC) is a four-acre facility that provides training
resources which can replicate emergency scenarios and high-risk training events th.at
Joint First Responders may encounter when conducting public safety operations. The
STC Facilities are predominantly used by firefighting and law enforcement agencies to
maintain and enhance their First Responder capabilities and to increase the readiness of
internal public safety networks. The training conducted at this facility is crucial to
building a rapid and capable First Responder Agency that can respond to emergencies
within the City of Carlsbad and outlying cities.
2. The STC Facilities consists of a primary training building which houses two indoor
shooting ranges (25 yards and 100 yards), multiple storage areas, and three classrooms
with audio visual systems, and a training room for computer generated training
scenarios. The outside areas of the facility consist of a residential live fire bum prop,
four story commercial tower with multiple live fire bum props, confined space training
area, trench extrication area, vehicle extrication area, city streetscape, emergency
vehicle training area (grinder), parking, and various equipment storage areas that house
City of Carlsbad Police and Fire related equipment.
3. General Location Information:
a. The STC is located at 5750 Orion Street, Carlsbad, CA 9201 0.
b. U.S. Geological Survey (USGS) Information:
-Map Sheet: San Luis Rey Quadrangle. California-San Diego (7.5 Minute Series}
-Latitude and Longitude: N 33° 8' 16.106n W 117° 16' 0.397"
-Grid Reference System (1 0-digit/WGS-84 Datum): 11 S MS 75118 66596
7 City Attomey Approved Version 2/11/14
Department of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000039311
Exhibit A. Attachment 1
USE19-701GS
EXHIBIT "B"
PARTICIPANT RELEASE
(HOLD HARMLESS CERTIFICATION)
I, ________________ (print name), have voluntarily
requested that the City of Carlsbad ("City") allow me to use or observe the use of the facilities at
the Carlsbad Safety Training Center and/or the various safety training apparatus located at
5750 Orion Street, Carlsbad, California, 92010, known as the Carlsbad Safety Training Center
("STC Facilitiesn), for the purposes of Firearms Training and other Law Enforcement Training
Activities on or about _______ ("Training Events•). I hereby acknowledge,
understand and agree that the City is allowing the use of said STC Facilities for my sole benefit.
I also acknowledge, understand and agree that by using STC Facilities I may be exposed to
risks of damage to my person or property, including, but not limited to, personal property
damage, personal bodily injury, mental or psychological effects, gunshot wounds, small
explosions, strikes from bullet fragments and shell casings, falls from high structures, trip and
snag hazards, falls on wet surfaces, lead contamination, falling debris, motor vehicle accidents,
and/or other known and unknown hazards that may result in serious bodily injury or death. I
understand, acknowledge and agree that such serious bodily injury or death may be caused,
either directly or indirectly, in whole or in part, by the fact that I am present upon the STC
Facilities site whether or not I may be participating in or observing a Training Event.
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I am fully aware of the
risks and hazards inherent in using or observing the use of STC Facilities or participating in a
Training Events, and I hereby accept and assume full responsibility for any and all risks of
damage, injury, effects or death resulting to me or my property while using or observing the use
of the STC Facilities, or participating in a Training Event, or resulting from the use· or condition
of STC ·Facilities, whether or not using STC Facilities, and whether or not the risks are known or
unknown to me orto City. ___ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE, in consideration for the City
allowing me to use or observe the use of STC Facilities or to participate in the Training Events,
that I, my personal representatives, heirs, next-of-kin and assigns (collectively the "Releasors")
hereby release, waive, discharge, and covenant not to sue or bring any claim or demand,
whether administrative, judicial or otherwise, against the City and its elected officials, officers,
employees, contractors, agents, and volunteers for any and all liability from and for any loss or
damage to me or the other Releasers, and from and for any claims or demands therefor on
account of injury to the person or property of me or the other Releasors, including, but not
limited to, personal property damage, personal bodily injury, mental or psychological effects, or
death, whether caused by the negligence or willful misconduct of me, the City, other participants
in the Training Events, or anyone else while I participate in the Training Events, or the condition
of STC Facilities and whether or not using STC Facilities, and whether or not the risks are
known or unknown to me or the City. ___ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE to release on my behalf and
on behalf of the Releasors any and all unknown claims. I understand and agree that the
released claims include not only claims presently known to me and/or the Releasers, but also
include all known and unknown, suspected and unsuspected, claims, rights, demands, actions,
obligations, liabilities, and causes of action of every kind and character that would otherwise
come within the scope of the claims released herein. I understand that I and/or the Releasers
may hereafter discover facts different from what I/they now believe to be true, which if known,
8 City Attorney Approved Version 2/11/14
Department of Consumer Affairs, Division of lnvesUgatlon
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000039311
Exhibit A. Attachment 1
USE19-701GS
could have materially affected the terms of this release, waiver, indemnity and hold harmless
certification, but we (the Releasors and I) nevertheless waive and relinquish any claims or rights
based on such different or additional facts. With respect to the released claims, I knowingly and
voluntarily waive and relinquish any and all rights or benefits that I and/or the Releasors may
now have, or in the future may have, under the terms of Section 1542 of the California Civil
Code, which provides as follows:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor."
__ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE to defend, indemnify, save
and hold free and harmless the City and its elected officials, officers, employees, contractors,
agents, and volunteers from any and all liability from loss, damage, cost or injury, including
death, to any property or persons, including third parties, in any manner arising out of or incident
to any acts, omissions or willful misconduct of me while I participate in the Training Events,
whether while using STC Facilities, including without limitation the payment of attorneys' fees
and costs (with attorneys of City's choosing, in its sole and absolute discretion). Further, I shall
defend at my own expense, including attorneys' fees and costs (with attorneys of City's
choosing, in its sole and absolute discretion), the City and its elected officials, officers,
employees, contractors, agents, and volunteers in any action or proceeding, legal,
administrative or otherwise, based upon. such acts, omissions or willful misconduct.
__ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that this release, waiver,
indemnity and hold harmless certification is intended to be as broad and inclusive as is
permitted by the laws of the State of California, and that if any portion thereof is held invalid, it is
agreed that the balance shall, notwithstanding, continue in full legal force and effect.
___ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I have read,
understand, and voluntarily sign this release, waiver, indemnity and hold harmless certification
and have had the opportunity to review this certification with legal counsel, and I agree that no
oral representations, statements or inducements apart from the foregoing written certification
have been made, and I further agree this certification shall be binding on me and my personal
representatives, heirs, assigns and next-of-kin. ___ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I am age 18 or older,
and that I will strictly abide by all safety requirements and other instructions given to me by any
and all City personnel and/or agency instructors at all times during my presence on the STC site
and during my participation in any Training Events or use of STC Facilities. ___ (Initial)
9 City Attorney Approved Version 2/11/14
I HAVE CAREFULLY READ, UNDERSTAND, ACKNOWLEDGE AND AGREE TO THIS
RELEASE, WAIVER, INDEMNITY AND HOLD HARMLESS CERTIFICATION. I
UNDERSTAND THAT I AM GIVING UP VALUABLE LEGAL RIGHTS BY SIGNING THIS
RELEASE, WAIVER, INDEMNITY AND HOLD HARMLESS CERTIFICATION. I HAVE
AGREED TO SIGN THIS CERTIFICATION OF MY OWN FREE WILL. I UNDERSTAND THAT
I MAY SEEK THE ADVICE OF AN ATTORNEY IN ANY MATTER CONNECTED WITH THIS
RELEASE, WAIVER, INDEMNITY AND HOLD HARMLESS CERTIFICATION BEFORE
SIGNING.
~de, tif Ut , 1,tpt cf Qni)';,vLWl0V' AffaLV s
Agency/Company Name
10 City Attorney Approved Version 2/11/14
Safe
Safe
Safe
Safe
Safe
·Safe
Safe
Safe
Safe
Safe
Safe
Safe
Safe
Safe
Safe
Safe
Department of Consumer Affairs, Division of Investigation
and City of Cartsbad Safety Training Center
Agreement Number: 0000000000000000000039311
ExhlbH A, Attachment 1
USE19-701GS
EXHIBIT "C"
CARLSBAD SAFETY TRAINING CENTER
FACILITY FEES
$550
· $1J00
$650
$296 · · .. $528: '::y
$236
···•·•$41·a···c,,••,.•··,,
$300
$600 ·
$300
$600 ' .
$100
'$145
$250
$500
*fees are subject to change by City Council adopted resolution.
11 City Attorney Approved Version 2/11/14
SCOPE OF WORK
Department of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000039311
Exhibit A (page 1 of 1)
EXHIBIT A
1. The Contractor shall provide the Department of Consumer Affairs (DCA), Division of Investigation
(DOI) with use of training facilities for defensive tactics, firearms, and other law enforcement related
training services as described herein.
2. The services shall be performed at City of Carlsbad Safety Training Center located at 5750 Orion Street,
Carlsbad, CA 92010.
3. The services shall be held during normal working hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday, except State Holidays. The DOI will schedule range times in advance as range availability
permits.
4. The project coordinators during the term of this agreement will be:
Department of Consumer Affairs
Division of Investigation
Name: Julie Dahlke
Fax: (916) 928-2201
Email: Julie.Dahlke@dca.ca.gov
Direct all agreement inquiries to:
Department of Consumers Affairs
Contracts Unit
Attention: Sean O'Neal
Address: 1625 N. Market Blvd., SI 03
Phone:
Fax:
Email:
Sacramento, CA 95814
(916) 574-7292
(916) 574-8656
sean.p.oneal@dca.ca.gov
City of Carlsbad
Safety Training Center
Name: Jason Kennedy
Fax: (760) 804-1583
Email: jason.kennedy@carlsbadca.gov
City of Carlsbad
Property & Environmental Management
Name: Jason Kennedy
Address: 5750 Orion Street
Phone:
Fax:
Email:
Carlsbad, CA 92010
(760) 931-2236
(760)804-1583
jason.kennedy@carlsbadca.gov
5. The Contractor shall provide temporary use of the following facilities for training purposes only: 25-
yard Range, Defensive Tactical (DTAC), Commercial/Streetscape, Classroom (Seats 48), and Use of
Force Simulator.
6. The DOI shall provide a qualified instructor, qualifying targets, ammunition and weapons.
7. This agreement may be cancelled by either party upon thirty (30) days prior written notice.
8. This agreement may be amended by written mutual consent of the parties hereto.
D~partment of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number: 00000000000000000000393 l l
Exhibit B (page I of 2)
EXHIBITB
BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT: For services satisfactorily rendered and upon receipt and approval of
the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in
accordance with the rates specified herein.
Itemized invoices shall include the Agreement Number and be submitted, in triplicate, not more
frequently than monthly in arrears to:
Department of Consumer Affairs
Division of Investigation
Agreement#: 0000000000000000000039311
Attention: Julie Dahlke
1747 N Market Blvd., Suite 265
Sacramento, CA 95834
2. BUDGET CONTINGENCY CLAUSE: It is mutually agreed that if the Budget Act of the current year
and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the
program, this Agreement shall be of no further force and effect. In this event, the State shall have no
liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this
Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the
State shall have the option to either: cancel this Agreement with no liability occurring to the State or
offer an Agreement Amendment to the Contractor to reflect the reduced amount.
3., PROMPT PAYMENT CLAUSE: Payment will be made in accordance with and within the time
specified in Government Code, Chapter 4.5 (commencing with Section 927).
4. TAXES: The State of California is exempt from Federal Excise Taxes, and no payment will be
made for any taxes levied on employees' wages. The State will pay for any applicable State of
California or local sales or use taxes on the services rendered or equipment or parts supplied
pursuant to this agreement. California may pay any applicable sales or use tax imposed by
another state.
5. COST BREAKDOWN: Multiple Fiscal Years
FY 2019-20
(7/1/19-6/30/20)
Facilities
Range (25 Yard)
DTAC (PriSim or Range)
CommerciaVStreetscaoe
Classroom (Seats 48)
Use of Force Simulator
Daily Fee
$1,100.00
$500.00
$745.00
$528.00
$500.00
Deparbnent of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number: 00000000000000000000393 l l
Exhibit B (page 2 of2)
Total Days Total
12 $13,200.00
10 $ 5.000.00
4 $2,980.00
6 $3,168.00
6 $3,000.00
3% Price Increase Allowance $ 820.44
FY2020-21
(7/1/20-6/30/21)
Facilities
Range (25 Yard)
DTAC (PriSim or Range)
CommerciaVStreetscape
Classroom (Seats 48)
Use of Force Simulator
Grand Total:
Daily Fee Total Days
$1.100.00 12
$500.00 10
$745.00 4
$528.00 6
$500.00 6
3% Price Increase Allowance (Prior Fiscal Year Total x 3%):
FY2021-22
(7/1/21-6/30/22)
Facilities
Range (25 Yard)
DTAC (PriSim or Ranee)
Commercial/Streetscaoe
· Classroom (Seats 48)
Use of Force Simulator
Grand Total:
DailvFee Total Days
$1,100.00 12
$500.00 10
$745.00 4
$528.00 6
$500.00 6
3% Price Increase Allowance <Prior Fiscal Year Total x 3%):
Grand Total:
$28,168.44
Total
$13.200.00
$5,000.00
$2,980.00
$ 3.168.00
$3,000.00
$ 845.05
$28,193.05
Total
$13,200.00
$5,000.00
$2,980.00
$3,168.00
$3,000.00
$ 845.79
$28,193.79
Total Contract Amount: $ 84,555.28
SPECIAL TERMS AND CONDITIONS
Department of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000039311
Exhibit D (page I of I}
EXHIBITD
I. LIABILITY FOR NONCONFORMING WORK: The Contractor will be fully responsible for
ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered
prior to the Contractor's deadline, the Contractor will be given a reasonable opportunity to cure the
nonconformity. If the nonconformity is discovered after the deadline for the completion of project,
the State, in its sole discretion, may use any reasonable means to cure the nonconformity. The
Contractor shall be responsible for reimbursing the State for any additional expenses incurred to cure
such defects.
2. SETTLEMENT OF DISPUTES: In the event of a dispute, Contractor shall file a ''Notice of Dispute"
with Department of Consumer Affairs, Director or his/her designee within ten (10) days of discovery
of the problem. Within ten (10) days, the Director or his/her designee shall meet with the Contractor
and Project Manager for purposes of resolving the dispute. The decision of the Director or his/her
designee shall be final.
In the event of a dispute, the language contained within this agreement shall prevail over any other
language including that of the bid proposal.
3. AGENCY LIABILITY: The Contractor warrants by execution of this Agreement,.that no person or
selling agency has been employed or retained to solicit or secure this Agreement upon agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by the Contractor for
the purpose of securing business. For breach or violation of this warranty, the State shall, in addition
to other remedies provided by law, have the right to annul this Agreement without liability, paying
only for the value of the work actually performed, or otherwise recover the full amount of such
commission, percentage, brokerage, or contingent fee.
4. IMPRACTICABILITY OF PERFORMANCE: This Contract may be suspended or cancelled, without
notice at the option of the Contractor, if the Contractor's or State's premises or equipment is destroyed
by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in
the event the Contractor is unable to render service as a result of any action by any governmental
authority.
5. LICENSES AND PERMITS: The Contractor shall be an individual or firm licensed to do business in
California and shall obtain at his/her expense all license(s) and permit(s) required by law for
accomplishing any work required in connection with this Agreement.
In the event the Contractor fails to keep in effect at all times all required license(s) and permit (s), the
State may, in addition to other remedies it may have, terminate this Contract upon occurrence of such
event.
Department of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number. 0000000000000000000039311
Exhibit E (page I of I)
EXHIBITE
ADDITIONAL TERMS AND CONDITIONS
1. RIGHT TO TERMINATE: The State reserves the right to terminate this agreement subject to 30
days written notice to the Contractor.
However, the agreement can be immediately terminated for cause. The term "for cause" shall
mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the
agreement. In this instance, the agreement termination shall be effective as of the date indicated
on the State's notification to the Contractor.
2. CONFIDENTIALITY OF DA TA: No reports, information, inventions, improvements,
discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this
Agreement shall be released, published, or made available to any person ( except to the State)
without prior written approval from the State.
3. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE}: The State has determined that the
DVBE participation goals for this Agreement are exempt. However, the Contractor may use
DVBE and report the participation to the State.
4. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY: The Contractor shall
maintain statutory worker's compensation and employer's liability coverage for all its employees
who will be engaged in the performance of this contract. Employer's liability limits of$1,000,000
are required.
5. INSURANCE REQUIREMENTS: The Contractor shall have in effect at all times during the term
of this Contract general liability insurance of not less than $1,000,000 per occurrence for bodily
injury and property damage liability combined.
The Contractor agrees that the liability insurance herein provided for shall be in effect at all times
during the term of this Contract. In the event said insurance coverage expires at any time during
the term of this Contract, Contractor agrees to provide at least 30 days prior to said expiration
date, a new certificate of insurance evidencing insurance coverage as provided for herein for not
less than one year. New certificates of insurance are subject to the approval of the Department of
General Services, and Contractor agrees that no work shall be performed prior to approval. In the
event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the
State may, in addition to any other remedies, terminate this Contract.
6. RULES/REGULATIONS: The contractor shall observe and comply with all Federal, State, City,
and County laws, rules or regulations affecting the work. Any work done that does not comply
with any laws, rules, or regulations will be remedied at the Contractor's expense.
iJGS C/,LIFORNIA DEPAfHMCNT OF
GENERAL SERVICES Governor Gavin Newsom
July 1, 2019
STATE OF CALIFORNIA
PUBLIC LIABILITY AND WORKERS' COMPENSATION
INSURANCE FISCAL YEAR JULY 1, 2019 / JUNE 30, 2020
Whom It May Concern:
In accordance with Government Code section 11007.4, the State of California has elected to
be self-insured for liability exposures. Under this form of insurance, the State and its
employees acting in the course and scope of their employment are insured for tort liability
arising out of official State business. All claims against the State of California based on tort
liability should be presented as a government claim to the Government Claims Program,
P.O. Box 989052 MS 414, West Sacramento, CA 95798-9052. (Gov. Code section 900, et.
seq.) Internet link: http://www.dgs.ca.gov/orim/Proqrams/GovernmentClaims.aspx.
The State of California has also elected to be insured for its motor vehicle liability exposures
through the State Motor Vehicle Liability Self-Insurance Program (VELSIP). This program
provides liability coverage arising out of the operations of motor vehicles used by state
employees for official state business (California Vehicle Code Sections 17000 and 17001 ).
Motor vehicle liability claims against the State of California should be presented to the Office
of Risk and Insurance Management. P.O. Box 989052 MS-403, West Sacramento, CA
95798-9052, (800) 900-3634, claims@dgs.ca.gov. If your motor vehicle liability claim is not
resolved within six months from the date of loss, California law requires you to file a formal
claim with the Government Claims Program, P.O. Box 989052 MS 414, West Sacramento,
CA 95798-9052. (Gov. Code section 900, et. seq.) Internet link:
http://www.dgs.ca.gov/orim/Programs/GovernmentClaims,asox.
The State of California has a Master Agreement with the State Compensation Insurance Fund
regarding workers' compensation benefits for all state employees, as required by the Labor
Code.
' 0-v'--Cx. ,r,
Lynan Graf,
Associate Risk Analyst
Office of Risk and Insurance Management
Insurance Services Unit
Phone: (916) 376-5290
Fax: (916) 376-5275
Lyn an .graf@dgs.ca .gov
Office of Risk and Insurance Management I State of California I California Government Operations Agency
707 3rd Street, Suite 1-330 I West Sacramento, CA 956051 t (916) 376-5300 f (916) 376-5275