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HomeMy WebLinkAboutIntrepid Maritime LLC; 2020-06-11;AGREEMENT FOR WATERCRAFT INSTRUCTION SERVICES INTREPID MARITIME, LLC _.-THIS AGREEMENT is made and entered into as of the J /-f=,h day of '>,.,)(hf) Q_ , 20a() by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Intrepid Maritime, a limited liability company, ("Contractor''). RECITALS City requires the professional services of a company that is experienced in public safety water rescue operations and 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 herein, 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 six months 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 five thousand six hundred dollars ($5,600). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or 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 indemnify and hold harmless the City and its officers, 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 herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation 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. City Attorney Approved Version 6/12/18 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 the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the 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 Kevin Lynds Title Battalion Chief Department Fire ----------City of Carlsbad Address 2560 Orion Way Carlsbad, CA 92010 Phone No. 760-931-2141 For Contractor Name Jeremiah Field Title CEO --=-=-='-------------- Address 15268 Northlake Road Magalia, CA 95954 Phone No. 805-455-9337 Email jfield@intrepidmaritime.us 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. The Contractor shall report investments or interests in all categories. YesD No~ 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. City Attorney Approved Version 6/12/18 2 10. 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. 11. CLAIMS ANO 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, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE 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. 13. 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. 14. 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. II II II II II II II II II II II II II 3 City Attorney Approved Version 6/12/18 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: ~~ 0 ATTEST: By~~J.-itdd ~f!m~~ (sign here) L,.,6ARBARA ENGLESON fH 101t1 -fl '£4 J /Secrr:,-{ar~ City Clerk (print name/titl~) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. 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: City Attorney Approved Version 6/12/18 4 EXHIBIT "A" SCOPE OF SERVICES Intrepid Maritime, LLC will provide a watercraft rescue training course for the Carlsbad Fire Department. The course will meet National Fire Protection Association 1006 and 1670 standards, as well as the California Office of State Fire Marshal Personal Watercraft (PWC) Rescue Operations F-Step Program. A maximum of eight fire personnel will attend the training course on June 15 through 17, 2020 in the ocean off North Beach. The course cost per participant is seven hundred dollars. Agreement amount shall not exceed five thousand six hundred dollars. Course details include: • PWC platform in static and or dynamic water • Hydrology fundamentals and how it relates to PWC operation, design and construction of the vessel • Pre-trip, post trip operation and maintenance of PWC • Synthetic Aperture Radar theory and techniques utilizing the PWC • Self-rescue and victim recovery strategy and techniques • Skills development evolutions emphasizing: o Use and avoidance hydraulics o Ferrying various current flows o Towing o Docking pacing and crew transfer o Self-recovery o Victim pickup o Recovery sequences o Throw bagging from a PWC o Deploying a rescue swimmer from a PWC • GPS theory and uses in PWC operations • Certificate of Completion for PWC Rescue Operations • Intrepid Maritime PWC Position Task Book City Attorney Approved Version 6/12/18 5 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 5/28/2020 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 endoraed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may raqulre an endoraement. A statement on this certificate does not confer rights to the certificate holder In lleu of such endoraement(s). NAMit" PRODUCER Risk Strate~s Company 700 Airport oulevard6 Suite 300 Emil~ Elsbree I FAX -·-- Burlingame, CA 9401 ri,~N:., ,:,..,. (650) 762-0425 I INC.Nol: (650) 762-0490 E-MAIL ADDRESS: eelsbree@rlsk-strategles.com ·---- INSURER!SI AFFORDING COVERAGE I I NAICI INSURER A: Evanston Insurance Comoanv j 35378 ------------··--------------- INSURED ~RERB: United Financial Casualtv Comoanv I 11770 lntnmid Maritime LLC 152 8 Northlake Road INSURERC: ·-· --------· Magalia CA 95954 INSURER 0: .. ---I INSURERE: ! INSURERF: COVERAGES CERTIFICATE NUMBER: 55704647 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. INRiiT . . . . I,wuLI.,ua11I I POLICY EFF POLICY EXP inf I TYPE OF INSURANCE I INlll'.I I wvn I POLICY NUMBER fMM/DD/YYYYl fMM/DDIYYYYl LIMITS A ~L_c:i;MMERCIALGENERALLIABIUTY I ✓ l9CD85562 f 4127/2020 4/27/2021 hEA.,..,c,.H"'oc.,...c..,u,,R..,RE,.,N..,c,,,E.---t--'-s~1=00=0=00=0~~-~ f---1 CLAIMS-MADE [Z] OCCUR : I PREMISEs'i'~~r7.nce1 S50 000 ~ Marina Operators Legal Liab. _ MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: Pl ·7 PRO-,7 ! ---POLICY I - _ _J JECT I LOC i OTHER: B I AUTOMOBILE LIA81LrTY 1---. ! LL i ANY AUTO I OWNED -] SCHEDULED C-·i AUTOS ONL y HIREO f----1 ~~<?8WNED ~ AUTOS ONLY , .. 1 AUTOSONLY f-_J UMBRELLA LIAS ..__J OCCUR ~ ~CE88~L~B I CLAIMS-MADEi i OED I I RETENTION$ ' i WORKERS COMPENSATION Y/N i □ N/A! 1060304923 I 3/30/2020 i 3/30/2021 i ; I I I I I I I I i I I i GENERAL AGGREGATE PRODUCTS • COMP/OP AGG COMBINED SINGLE LIMIT Ee accidenll BODILY INJURY (Par person) I BODILY INJURY (Per accident) I PROPERTY DAMAGE ' f Per accident\ I EACH OCCURRENCE I AGGREGATE i I PER ' I OTH-STATUTE ER E.L. EACH ACCIDENT S1 000 S1,000 000 s2,000,000 S1000000 $ s1 ooo ooo -~ s $ ----s ------s Is ·-- 1$ -~ s ----- s AND EMPLOYERS" LIABILrTY ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) grs-M~~ ~~PERATIONS below ! I I E.L. DISEASE· EA EMPLOYEE $ >---------+-'------------ i I ' I i i I I i I j j E.L. DISEASE -POLICY LIMIT $ I I I I I j DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remark■ Schedule, may be attached If more ■pace I■ required) City of Carlsbad is included as Additional Insured as respects General Liability per attached form MEOM2216 CERTIFICATE HOLDER CANCELLATION Ci~ of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 16 5 Faraday Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE /.,.--'~'-::--. _,.-1';/.~ / ) /' ,. /. V /,·./"' .. /' _5 (__/2'.,,,Z.-~:,£.-, Michael Christian ,,. . © 1988-2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 55704647 I 20-21 GL-MarineGL/Auto I Emily Elsbree I 5/28/2020 2:00:02 PM (PDT) I Page I of 3 OCEAN MARINE Ill EVANSTON INSURANCE COMPANY MARIEL" ADDITIONAL INSURED The followin s aces receded b an asterisk * need not be com leted if this endorsement and the lie have the same ince tion date. *ATTACHED TO AND FORMING *EFFECTIVE DATE OF *ISSUED TO PART OF POLICY NO. ENDORSEMENT 9CD85562 04/27/2020 Intrepid Maritime LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. All Liability Coverage Forms included in this policy are subject to the following: I Person Or Entity: I I Citv of Carlsbad 1635 Faraday Ave. !caMsbad, CA92008 ! SCHEDULE Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. Throughout this endorsement, all references to you or insured include assured, as applicable. A. WHO IS AN INSURED is amended to include as an additional insured the Person Or Entity shown in the Schedule of this endorsement, but only with respect to negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement, 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. Our agreement to accept an additional insured provision in a contract is not acceptance of any other provisions of the contract or the contract in total. When coverage does not apply for the Named Insured, no coverage or defense will be afforded to the additional insured. No coverage applies to the additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insurance afforded to this additional insured, the following is added to 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 the amount of insurance: 1. Required by the contract or agreement; or MEOM 2216 05 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 55704647 I 20-21 GL-MarineGL/Auto I Emily Elsbree I 5/28/2020 2:00:02 PM (PDT) I Page 2 of 3 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEOM 2216 05 16 Includes copyrighted material of Insurance Services Office, Inc .. with its permission. 55704647 20-21 GL-MarineGL/Auto I Emily Elsbree 1 5/28/2020 2:00:02 PM (PDT) 1 Page 3 of 3 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Jeremiah Field CEO I, ______________ _, am the _________________ _ [insert name] [ title] of Intrepid Maritime . I hereby certify that ____ ln_t_re~p_id_M_a_r_it_im_e _____ _ [name of company J [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should ___ l_n_tr_e.;_p_id_M_a_ri_ti_m_e ________ employ any person during the term [ name of company] of the Agreement with the City of Carlsbad for _____ P_W_C_R_e_s_cu_e_O_p_e_r_a_tio_n_s_T_ra_i_n_in_Q _ _, [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. [Name] CEO, Intrepid Maritime [Title and name of company or corporation] 06/15/2006 25