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HomeMy WebLinkAboutOceanside Police Department; 2020-01-30; USE20-967GSUSE20-967GS AGREEMENT FOR USE OF THE CARLSBAD SAFETY TRAINING CENTER (STC) BETWEEN THE CITY OF CARLSBAD AND OCEANSIDE POLICE DEPARTMENT 1. PARTIES AND DATE This Agreement for use of the Carlsbad Safety Training Center (STC) ("Agreement") is entered into this ~ day of ~\AOC~ , '.2.o).O , by and between the City of Carlsbad, a municipal corporation organized u er the laws of the State of California with its principal place of business at 5750 Orion Street, Carlsbad, California 92010 ("City"), and the Oceanside Police Department with its principal place of business at 3855 Mission Avenue, Oceanside, California 92054 ("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 Firearms Training and other Law Enforcement Training Activities on or about January 1, 2020 (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. 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 City Attorney Approved Version 2/11/14 USE20-967GS 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. ~~-------':::--.. Signature of Agency Repre~~ 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 without 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. City Attorney Approved Version 2/11/14 2 USE20-967GS 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 Approvals. 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 City, and shall terminate five (5) 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. A late charge equivalent to 5% of the unpaid balance shall be assessed on all accounts ten (10) or more days past due. 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. City Attorney Approved Version 2/11 /14 3 USE20-967GS 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: Oceanside Police Department Attn: Captain Adam Knowland Support Operations Division 3855 Mission Avenue Oceanside, CA 92054 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. City Attorney Approved Version 2/11 /14 4 USE20-967GS 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 writing 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] City Attorney Approved Version 2/11/14 5 USE20-967GS 4. AUTHORITY The individuals executing this Agreement and the instruments referenced in it, on behalf of Agency, each represent and warrant that they have the legal power, right and actual authority to bind Agency to the terms and conditions of this Agreement. CITY OF CARLSBAD By: --\ti Scotteac City Manager Attest l/bL QJ;--;;:; arbara Engleson City Clerk Proper notarial acknowledgment of execution by Agency 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 AGENCY -~N"-c;;,. , \JV\ L (._~ i Name (Print) C.µ,~' OT ?n .. ,L'- Title (Print) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: Group B Secretary, Assistant Secretary, CFO, or Assistant Treasurer By: Signature Name (Print) Title (Print) City Attorney Approved Version 2/11/14 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of __c5=-.,,o_,_.l"<\_,__·D""""--'--i e,,__.o,.._.=0'-------- 0n /~-L[-Jq before me, _ _cccfe._e_11_11_('-'. kJc=...,..____,K,___,_~'1-<---'-'--'<---'---'------'f----'-....::.....<'------- Date personally appeared __ tr-'-'-~u~o~\~<--~$~-~~~~--1------------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iJ..a.re subscribed to the within instrument and acknowledged to me that ~she/they executed the same in @/her/their authorized capacity(ies), and that by@her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1:;: ft ft J;N;FE:;:E7Lt ft~ 1 Y --··;-~~ Notary Public -Cal1forn1a ,; , ~~-If.';~ San Diego County > l ·:,j(~..{'/ Commission= 2229490 · ,) '~ My Comm. Expires Feb 23. 2022 . Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ = Corporate Officer -Title(s): ______ _ ::_ Corporate Officer -Title(s): ______ _ = Partner -= Limited .=.: General :.::: Partner -= Limited = General = Individual = Attorney in Fact = Individual =" Attorney in Fact = Trustee := Guardian or Conservator = Trustee = Guardian or Conservator =Other: ______________ _ =::, Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ";(,'G<,'C<;C(,~'g,~~'C(.'C(,'<X,'g,'C(,~'g,'C(,'C(,~~'O(,'C(,'<X,'<X,'C(,'G<.,'C(.'C<;<;<,'§<,'G<.,'C(,"CT.,'g,'C<JC<.,~~~'UCC<.,'C(,'g,~~ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CITY OF OCEANSIDE December 11, 2019 Janean Hawney City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 OFFICE OF THE CITY MANAGER Re: City of Oceanside -Carlsbad Safety Training Center Agreement Dear Ms. Hawney: On December 4, 2019, the Oceanside Police Department executed the "Agreement for Use of the Carlsbad Safety Training Center" for law enforcement training activities scheduled to commence on or about February 1st, 2020. As the City Manager of the City of Oceanside, I Deanna Lorson, hereby designate Chief of Police Frank S. McCoy as the City Manager "designee" and/or "Agency Representative" for purposes of entering into an agreement with the City of Carlsbad. If you have questions or require anything more, please contact me. Sincerely, Deanna Lorson City Manager dlorson@oceansideca.org 300 NORTH COAST HIGHWAY • OCEANSIDE, CA 92054-2885 • TELEPHONE (760) 435-3065 • FAX (760) 435-3078 CERTIFICATE NO. ISSUE DATE (MM/DD/YYYY) WC-3195 I CERTIFICATE OF COVERAGE I 12/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO CSAC Excess Insurance RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS Authority CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER C/O ALLIANT INSURANCE SERVICES, INC. PO BOX6450 IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the NEWPORT BEACH, CA 92658-6450 Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PHONE (949) 756-0271 / FAX (619) 699-0901 COVERAGE • LICENSE #0C36861 AFFORDED BY: A -See attached schedule of insurers Member: COVERAGE CITY OF OCEANSIDE AFFORDED BY: B ATTN: DENISE M. GALLEGOS 300 N COAST HIGHWAY COVERAGE OCEANSIDE, CA 92050 AFFORDED BY: C COVERAGE AFFORDED BY: D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE 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 COVERAGE AFFORDED BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS AND POLICIES. co TYPE OF COVERAGE MEMORANDUM/ COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS LTR POLICY NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) A EXCESS WORKERS' See attached 07/01/2019 07/01/2020 WORKERS' COMPENSATION: COMPENSATION & Schedule of Insurers Difference between EMPLOYER'S LIABILITY for policy numbers Statutory and Member's $500,000 Retention EMPLOYERS' LIABILITY: Difference between $5,000,000 and Member's Retention LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED. Description of Operations/LocationsNehicles/Special Items: AS RESPECTS EVIDENCE OF COVERAGE AGREEMENT BETWEEN CITY OF OCEANSIDE AND CITY OF CARLSBAD FOR CARLSBAD SAFETY TRAINING CENTER (STC). THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST CITY OF CARLSBAD PURSUANT TO ENDORSEMENT NUMBER U-4. Cancellation Certificate Holder SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS. CITY OF CARLSBAD 1635 FARADAY AVENUE AUTHORIZED REPRESENTATIVE CARLSBAD, CA 92008 4u:✓~ CSAC EXCESS INSURANCE AUTHORITY PROVIDER CSAC EXCESS INSURANCE AUTHORITY EXCESS WORKERS' COMPENSATION PROGRAM 2019/2020 SCHEDULE OF INSURERS CITY OF OCEANSIDE MEMORANDUM/ LIMIT POLICY NUMBER CSAC Excess Insurance Authority EIA PE 19 EWC-61 Workers' Compensation: $50,000,000 each accident/each employee for disease (Difference between $50,000,000 and the individual member's retention) Employers' Liability: $5,000,000 each accident/each employee for disease (Difference between $5,000,000 and the individual member's retention) ~iberty Insurance Corporation EW7-64N-444785-019 Statutory each accident/each employee for disease excess of $50,000,000 ENDORSEMENT NO. U-4 CSAC EXCESS INSURANCE AUTHORITY EXCESS WORKERS' COMPENSATION WAIVER OF SUBROGATION ENDORSEMENT It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the Memorandum of Coverage is deleted in its entirety and replaced by the following: VIII. SUBROGATION: In the event of any payment under this Memorandum, the Authority shall be subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore, and the Covered Party shall execute all papers required and shall do everything that may be necessary to secure such rights. Any amount recovered as a result of such proceedings, together with all expenses necessary to the recovery of any such amount shall be apportioned as follows: The Authority shall first be reimbursed to the extent of its actual payment hereunder. If any balance then remains, said balance shall be applied to reimburse the Covered Party. The expenses of all proceedings necessary to the recovery of such amount shall be apportioned between the Covered Party and the Authority in the ratio of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on the initiative of the Authority, the expenses thereof shall be borne by the Authority. However, in the event of any loss payment under this Memorandum for which you have waived the right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our right of recovery but only with respect to such loss. It is further agreed that nothing herein shall act to increase the Authority's limit of indemnity. This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of the Memorandum of Coverage unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Issued to: Issue Date: ALL MEMBERS June 28, 2019 Memorandum No.: EIA 19 EWC-00 CERTIFICATE NO. ISSUE DATE (MM/DD/YYYY) GL 1-8210 Al I CERTIFICATE OF COVERAGE I 12/11/2019 !THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CSAC Excess Insurance CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A Authority CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. C/O ALLIANT INSURANCE SERVICES, INC. PO BOX 6450 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF NEWPORT BEACH, CA 92658-6450 SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PHONE (949) 756-0271 / FAX (619) 699-0901 LICENSE #0C36861 COVERAGE A -CSAC Excess Insurance Authority AFFORDED Member: COVERAGE CITY OF OCEANSIDE AFFORDED B ATTN: DENISE M. GALLEGOS COVERAGE 300 N COAST HIGHWAY AFFORDED C OCEANSIDE, CA 92050 COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE 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 COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF COVERAGE MEMORANDUM COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS LTR NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) A ~ Excess General Liability EIA PE 19 EL-103 07/01/2019 07/01/2020 $2,000,000 General Liability Aggregate $4,000,000 Limits inclusive of the Member's Self-Insured Retention of $500,000 Description of Operations/LocationsNehicles/Special Items: AS RESPECTS AGREEMENT BETWEEN CITY OF OCEANSIDE AND CITY OF CARLSBAD FOR CARLSBAD SAFETY TRAINING CENTER (STC). CITY OF CARLSBAD, ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED. Cancellation Certificate Holder SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WIL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS. CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 AUTHORIZED REPRESENTATIVE 4~ ~ '. /'? -,. C ~ CSAC EXCESS INSURANCE AUTHORITY PAGE 1 OF 2 ENDORSEMENT NO. U-1 CSAC EXCESS INSURANCE AUTHORITY GENERAL LIABILITY 1 ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT It is agreed that the 'Covered Party, Covered Persons or Entities" section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respect to liability arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the Member or such person or organization so designated. Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract. ADDITIONAL COVERED PARTY: NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE AS RESPECTS: PER ATTACHED CERTIFICATE OF COVERAGE It is further agreed that nothing herein shall act to increase the Authority's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Memorandum No.: EIA 19 EL-00 Issued to: Issue Date: ALL MEMBERS June 28, 2019 Authorized Representati CSAC Excess Insurance PAGE 2 OF 2