HomeMy WebLinkAboutCalifornia Highway Patrol - San Onofre; 2014-11-18; PEM1152STATE OF CALIFORNIA
STANDARD AGREEMENT ANALYST INITIALS: C.S.
STD 213 (Rev 06/03) AGREEMENT NUMBER
14C651003
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME ~~
Department of California Highway Patrol
CONTRACTOR'S NAME ~~~~
City of Carisbad
2. The term of this
Agreement is:
12/01/2014 or upon approval Civh/chever/s/afe/-; through 11/30/2015
3. The maximum amount
of this Agreement is:
$ 32,252.00
Thirty Two Thousand Two Hundred Fifty Two Dollars and Zero Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work
Exhibit B - Budget Detail and Payment Provisions
Exhibit C* - General Terms and Conditions (GTC 610)
With the exception of Paragraph 5 (as shown herein)
Attachment 1 - Agreement for Use of The Carisbad Safety Training Center (STC)
Exhibit A - Safety Training Center Facility Description, Capabilities and Location
Exhibit B - Participant Release Form
1 pages
1 page
4 pages
6 pages
1 page
3 pages
Signatures appear on page 6 of 6 Attachment 1 of this Agreement
Items shown with an Asterisk (*), are hereby incorporated by reference and made part ofthis agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/Standard-i-Language.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CITY OF CARLSBAD ^^^^ California Department of General
Services Use Only
CONTRACTOR'S NAME (if otherthan an individual, state whether a corporafion, padnership,ets^—^
California Department of General
Services Use Only
BY (Authorized Signature) ^^-.^•^ DATE SIGNEOrOo not type)
PRINTED NAME AND TITLE OF^PERSOrJSIgNJNtT
^ADDRESS^^^^^^^^^^
STATE OF CALIFORNIA ^^----^
AGENCY NAME ^^..^-^^^
BY (Authorized Signature)
^ ^^^^
DATE SIGNEDfDo not fype)
PRINTED NAME AND TITLE^0F^PERS0NJIgJsm«j^ M Exempt per: SCM 4.04
^ADDRESS^^^^^.,.^-—"
ealifornia Highway Patrol and
City ofCarlsbad
Agreement # 14C651003
Exhibit A Page lofl
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. Contractor agrees to provide to the Department of California Highway Patrol (CHP) San Onofre
Commercial Vehicle Enforcement Facility (CVEF), the services described herein:
See Attachment 1 - Agreement for Use Carisbad Safety Training Center (STC).
2. The services shall be performed at: • If checked see attached for additional service locations
See Attachment 1, Exhibit A - Safety Training Center Facility Description, Capabilities and Location.
3. The services shall be provided during:
Such times that is mutually agreeable to both parties.
4. The project representatives during the term of this agreement will be:
STATE AGENCY
Department of California Highway Patrol
CONTRACTOR
City of Carisbad
NAME
Officer Dennis Duquene
NAME
Jason Kennedy, Facility Manager
TELEPHONE NUMBER
(760) 430-7700
FAX NUMBER
(760) 430-1714
TELEPHONE NUMBER
760-931-2236
FAX NUMBER
Direct all inquiries to :
STATE AGENCY
Department of California Highway Patrol
CONTRACTOR
City of Carisbad
SECTION/UNIT
Business Sen/ices Section, Contract Services Unit
SECTION/UNIT
ATTENTION
Cassandra Stanton, Contract Analyst
ATTENTION
Jason Kennedy, Facility Manager
ADDRESS
P.O. Box 942898, Sacramento, CA 94298-0001
ADDRESS
5750 Onon Street, Carisbad, CA 92010
TELEPHONE NUMBER
(916) 843-3610
FAX NUMBER
(916) 322-3166
TELEPHONE NUMBER
760-931-2236
FAX NUMBER
Department of California Highway Patrol
City ofCarlsbad
Agreement #14e651003
Exhibit B Page 1 of 1
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing and Pavment
A. 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, which is attached hereto and made a part ofthis Agreement.
B. Invoices shall include the Agreement Number and shall be submitted in duplicate not more frequently
than monthly in arrears to:
Name: Officer Dennis Duquene
Office: San Onofre CVEF
Address: P.O. Box 2030
Oceanside, CA 92051
2. Budget Contingency Clause
A. 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
Contractor or to furnish any other considerations under this Agreement and Contractor shall not be
obligated to perform any provisions ofthis Agreement.
B. 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 Contractor to reflect the reduced amount.
3. Prompt Pavment Clause
Payment will be made in accordance with, and within the time specified in. Government Code Chapter
4.5, commencing with Section 927.
4. Rate Schedule
CHP agrees to pay Contractor in arrears for actual services rendered at the facility fees identified
below:
25 yard range: $1,000/full day
25 yard & 100 yard ranges: $1,200/full day
Grinder (Driver Training) $418/full day
Streetscape (Hot Stop Training) $145/full day
Department of California Highway Patrol
City of Carlsbad
Agreement #14C651003
Exhibite Page lof 4
GTC 610
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding
or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part,
without the consent ofthe State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have the right to
review and to copy any records and supporting documentation pertaining to the performance of
this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of
three (3) years after final payment, unless a longer period of records retention is stipulated.
Contractor agrees to allow the auditor(s) access to such records during normal business hours
and to allow interviews of any employees who might reasonably have information related to
such records. Further, Contractor agrees to include a similar right ofthe State to audit records
and interview staff in any subcontract related to performance ofthis Agreement. (Gov. Code
§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials, or supplies in connection with the
performance ofthis Agreement, ajxffrom any and all claims and losses accruing or resulting to
any person, firm or corporation wno niay be injured or damaged by Contractor in the
performance ofthis Agreement./ J / INITIAL HERE
6. DISPUTES: Contractor shall contfnue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be
deducted from any sum due the Contractor under this Agreement and the balance, if any, shall
be paid to the Contractor upon demand.
Department of ealifornia Highway Patrol
City ofCarlsbad
Agreement #14C651003
Exhibite Page 2 of 4
8. INDEPENDENT CONTRACTOR.- Contractor, and the agents and employees of Contractor, in
the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the
Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold
to the State regardless of whether the product meets the requirements of Public Contract Code
Section 12209. With respect to printer or duplication cartridges that comply with the
requirements of Section 12156(e), the certification required by this subdivision shall specify that
the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance ofthis Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical condition
(e.g., cancer), age (over40X marital status, and denial of family care leave. Contractor and
subcontractors shall insure that the evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions ofthe Fair Employment and Housing Act (Gov.
Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations ofthe Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f),
set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are
incorporated into this Agreement by reference and made a part hereof as if set forth in full.
Contractor and its subcontractors shall give written notice of their obligations underthis clause
to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions ofthis clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in
the document CCC 307 are hereby incorporated by reference and made a part ofthis
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is ofthe essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws ofthe State of California.
Department of California Highway Patrol
City ofCarlsbad
Agreement #14e651003
Exhibite Page 3 of 4
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall
comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 ofthe
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that ifthe bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 ofthe Clayton Act (15 U.S.C. Sec. 15) or underthe
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon
demand, recover from the public body any portion ofthe recovery, including treble damages,
attributable to overcharges that were paid by the assignor but were not paid by the public body
as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned underthis part ifthe assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the
assignee has not been injured thereby, or (b) the assignee declines to file a court action for the
cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
Department of California Highway Patrol
Cityof Carlsbad
Agreement #14e651003
Exhibite Page 4 of 4
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of
this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received underthe Contract; (2) the name and address ofthe DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and
(5) the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. &
Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a "loss leader" as defined in Section 17030 ofthe Business
and Professions Code. (PCC 10344(e).)
S:\ADMIN\HOMEPAGE\GTC-610.doc
ATTACHMENT! PEM1152
AGREEMENT FOR USE OF THE CARLSBAD SAFETY TRAINING CENTER (STC)
BETWEEN
THE CITY OF CARLSBAD AND THE CALIFORNIA HIGHWAY PATROL (CHP)
1. PARTIES AND DATE
This Agreement for use of the Cartsbad Safety Training Center (STC) ("Agreement") is
entered into this I'S^ day of rGuenxheir- ^olH- by and between the
City of Cartsbad, a municipal corporation organized under the laws of the State of California with
its principal place of business at 5750 Orion Street, Cartsbad, California 92010 ("City"), and the
California Highway Patrol (CHP), a law enforcement division under the State of California with
its principal place of business at the San Onofre Commercial Vehicle Enforcement Facility
(C.V.E.F.), P.O. Box 2030, Oceanside, California 92051 ("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 of certain City facilities located at 5750 Orion Street in the
City of Carisbad, California, known as the Cartsbad 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 December 1, 2014 ("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", and the 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 ofthe 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 Liabilitv / 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.
Signature of Agency Representative
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
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-:VH" 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
Insured'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 resen/es the right to require Agency to provide proof
regarding these approvals, certifications, and permits, if applicable.
3.8 Scheduling of Facilitv / 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 from
December 1, 2014 through November 30, 2015. It is also understood that the City may
terminate this Agreement at any time for any or no reason.
3.10 Pavments 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 Carisbad, 1635 Faraday Avenue,
Carisbad, 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
3.11 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 ofthe 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 Carisbad, 1635 Faraday Avenue, Carisbad, 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 Facilitv 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 ofthe
STC Facilities following its use ofthe same. For purposes ofthis Agreement, "cleanup" for STC
Facilities will be described in further detail in the STC Facilities SOP.
3.13 Notices. Except as othenwise expressly provided by law, any and all notices or
other communications required or permitted by this Agreement to be sen/ed 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: If to City
California Highway Patrol City of Carisbad
Administrative Services Division 1635 FaradayAvenue
601 North 7th Street Carisbad, CA 92008
Sacramento, California 95811 Attn: Property and Environmental
Management Division
3.14 Sun/ival. Agency's obligations to release, indemnify, defend, and hold harmless
the City as set forth in this Agreement, shall sun/ive 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 ofthe 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
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 ofthis Agreement shall be binding unless executed
in writing by the parties.
3.18 Waiver and Severabilitv. 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 othenwise. 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 Authoritv: 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
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.
CITYOF CARLSBAD
Attest: By:
City Manager or Divioion Dirootof
as authorized by tho City Managor
Kathryn B. Dodson
BVoara Englespri
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 ofthe following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO, or Assistant Treasurer
AGENCY
Name (Print)
Title (Print)
By:
Signature
Name (Print)
Title (Print
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
Assistant CityAttqcney
City Attorney Approved Version 2/11/14
ACKNOWLEDGMENT
State of Cali^rnia
County of ^^^Kgtmento
On D^tObgj^ ^€>m before me,
(insert name and title offne officer)
personally appeared jA.^(pUglyi Mao
who proved to me on the basis of satisfactory fevider satisfactory fet^idence to be the person^whose name(e) isl&f^
subscribed to the within instrument and acknowledged to me that4t€/she/4hey*xecuted the same in
•+Hs/her/theif.authorized capacityftes), and that by+iie/her/thetHeignaturefs) on the instrument the
personf9)fOr the entity upon behalf of which the personfs)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Cormn(„fon# 2017722
Notary Public-Californi,
Volo County
i£22£J5P*fesAorlfl.2otj
EXHIBIT "A"
SAFETY TRAINING CENTER FACILITY DESCRIPTION,
CAPABILITIES AND LOCATION
1. The Carisbad Safety Training Center (STC) is a four-acre facility that provides training
resources which can replicate emergency scenarios and high risk training events that
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 Carisbad 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 consists of a residential live fire burn prop,
four story commercial tower with multiple live fire burn 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 Carisbad Police and Fire related equipment.
3. General Location Information:
a. The STC is located at 5750 Orion Street, Carlsbad, CA 92010.
b. U.S. Geological Survey (USGS) Information:
-Map Sheet: San Luis Rev Quadrangle, California-San Diego (7.5 Minute Series)
-Latitude and Longitude: N 33° 8'16.106" W 117° 16'0.397"
-Grid Reference System (IO-digitA/VGS-84 Datum): 11S MS 75118 66596
City Attorney Approved Version 2/11/14
EXHIBIT "B"
PARTICIPANT RELEASE
(HOLD HARMLESS CERTIFICATION)
I, (print name), have voluntarily
requested that the City of Carisbad ("City") allow me to use or obsen/e the use of the facilities at
the Carisbad Safety Training Center and/or the various safety training apparatus located at
5750 Orion Street, Carisbad, California, 92010, known as the Carisbad Safety Training Center
("STC Facilities"), for the purposes of conducting Firearms Training and other Law Enforcement
Training Activities on or about December 1, 2014 ("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 or to City. (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE, in consideration for the City
allowing me to use or obsen/e 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 othenwise, 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 Releasors, 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 Releasors, 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 othenwise
come within the scope of the claims released herein. I understand that I and/or the Releasors
may hereafter discover facts different from what I/they now believe to be true, which if known,
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
City Attorney Approved Version 2/11/14
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 othenwise, 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 ofthe 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)
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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. 1 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.
PARTICIPANT SIGNATURE:
By:
Signature
Printed Name
Date
City Attorney Approved Version 2/11/14
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