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HomeMy WebLinkAboutCalifornia Highway Patrol (CHP); 2022-04-28; USE22-1746FACDocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 2022April28th USE22-1746FAC ATTACHMENT 1 AgRE~MEl'fl'"f_Q8_ 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 Carlsbad Safety Training Center (STC) ("Agreement") is entered into this ____ day of ________ , _____ , by and between the City of Carlsbad, a municipal corporation organized under the laws of the State of California with its principal place of business at 5750 Orion Street, Carlsbad, 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 1796 Rainbow Valley Boulevard West, Fallbrook, California 92028 ("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 June 1, 2022 ("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 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 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 1 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 USE22-1746FAC 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. ~:!trl:~e~s;;ative 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 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 US E22-1746FAC 3.6 Insurance. Agency shall, at its sole expfil!S_E:l, _procurJL_c:1nd maiotalt1 ~Qr 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 qr 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 from June 1, 2022 through May 30, 2024. 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 Agency subsequently uses the STC Facilities or not. City Attorney Approved Version 2/11/14 3 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 USE22-1746FAC 3.11 Accidents I Damage Investigations. I h~ 6 ge__Qcy ~afety _Qfficer, ~ such Rers_o~ _ -Ts 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 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 Highway Patrol Business Services Section/Contract Services Unit 601 North 7th Street, Bldg. B Sacramento, California 95811 If to City: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attn: Janean Hawney Contract Administration 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 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 USE22-1746FAC 3.17 Entire Agreement. This written document contains the ~nti_r_e ..§greemenJ 9fJhe ·-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 4.AUTHORITY USE22-1746FAC 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: Scott Chadwick City Manager Attest: ------------- for Faviola Medina City Clerk Services Manager 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 Name (Print) [bc&;U{e,vne11,t Ma,M-Jer APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: ___________ _ Assistant City Attorney Group B Secretary, Assistant Secretary, CFO, or Assistant Treasurer By: Signature Name (Print) Title (Print City Attorney Approved Version 2/11/14 6 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 EXHIBIT "A" _ §_AF~T'(_ TRAINING CENTER FACILITY DESCRIPTION,_ CAPABILITIES AND LOCATION USE22-1746FAC 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 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 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 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 Carlsbad 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 Rey Quadrangle, California-San Diego (7.5 Minute Series) -Latitude and Longitude: N 33° 8' 16.106" W 117° 16' 0.397" -Grid Reference System (10-digit/WGS-84 Datum): 11S MS 75118 66596 City Attorney Approved Version 2/11 /14 7 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 EXHIBIT "B" ~~PA~RTlCIPANT RELEASE (HOLD HARMLESS CERTIFICATION) USE22-1746FAC 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 Facilities"), for the purposes of conducting 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 or to City. ___ (Initial) I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGR!=E, 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 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 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, could have materially affected the terms of this release, waiver, indemnity and hold harmless certification, but we (the Releasers and I) nevertheless waive and relinquish any claims or rights City Attorney Approved Version 2/11/14 8 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 USE22-1746FAC based on such different or additional facts. With respect to the released claif'!!S_, I_ kno':Jllin_gly and -voluntarilf waiveand relinquish any a nd alf rights 'o-r 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) City Attorney Approved Version 2/11/14 9 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 USE22-1746FAC 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. PARTICIPANT SIGNATURE: By: Signature Printed Name · Agency/Company Name Date City Attorney Approved Version 2/11/14 10 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 EXHIBIT "C" ~ Fiscal Year 2021-2022 Safety Training Center Facility Use Fees One Shooting Range -Full Day One Shooting Range -Half Day Two Shooting Ranges -Full Day Two Shooting Ranges -Half Day Classroom -Full Day ' Classroom -Half Day Confined Space Prop -Full Day Confined Space Prop -Half Day Grinder -Full Day Grinder -Half Day Grinder/Commercial Prop (No Fire Ops) -Full Day Grinder/Commercial Prop (No Fire Ops) -Half Day Grinder/Residential Prop (No Fire Ops) -Full Day Grinder/Residential Prop (No Fire Ops) -Half Day PriSim (Training Simulator) -Full Day PriSim (Training Simulator) -Half Day Pump Draft Pit -Full Day Pump Draft Pit -Half Day Streetscape -Full Day Streetscape -Half Day Special Event ~ecovery -Hourly Shooting Range -Hourly Shooting Range Hazardous Waste Disposal Fees *Fees are subject to chang e by City Council adopted resolution. **Fees effective Sep. 1, 2021. USE22-1746FAC $1 ,167 $584 $1,311 $686 $553 $317 $614 $307 $440 $256 $635 $317 $635 $317 $500 $250 $400 $200 $154 $113 $51 $118 $200 City Attorney Approved Version 2/11/14 11 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 l:iS Governor Gavin Newsom July 01, 2021 STATE OF CALIFORNIA PUBLIC LIABILITY AND WORKERS' COMPENSATION INSURANCE FISCAL YEAR JULY 1, 2021 / JUNE 30, 2022 To 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 clai_ms 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: httos://www.dqs.ca.gov/ORIM/Services/Page-Content/Office-of-R isk-and-Insurance- Management-Services-List-Folder/File-a-Governm ent-Claim. 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: https://www.dqs.ca.gov/ORIM/Services/Page- Co ntent/Office-of-Ri sk-an d-I nsu ran ce-Management-Services-List-Folder /Fil e-a- Govern ment-Claim. 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. Sincerely, / ✓ ___/' -;; ~/ ~ -, -----------~ ( ----Christopher Carroll Associate Risk Analyst Insurance Services Unit Phone: (916) 376-5279 Fax: (916) 376-5275 christopher.carroll@dgs.ca.gov To request updated letter of self-insurance, please submit to riskmanagement@dgs.ca. gov Office of Risk and Insurance Management ! State of California I Government Operations Agency 707 3rd Street, 1st Floor I West Sacramento, CA 95605 1 t 916.376.5300 .f 916.376.5277 REV 07/27116 DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 SCOPE OF WORK EXHIBIT A (Standard Agreement) Department of California Highway Patrol and City of Carlsbad Agreement # 21 C686003 Exhibit A Page 1 of 1 1. Contractor agrees to provide to the Department of California Highway Patrol (CHP) Rainbow Commercial Vehicle Enforcement Facility (CVEF), the services described herein: See Attachment 1 -Agreement for Use Carlsbad Safety Training Center (STC). 2. The services shall be performed at: Carlsbad Safety Training Center 5750 Orion St. Carlsbad, CA 92010 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 De artment of California Hi NAME Officer Nathan Wheelock TELEPHONE NUMBER EMAIL 951-506-2020 nwheelock Direct all inquiries to: STATE AGENCY Department of California Hi SECTION/UNIT Business Services Section Contract Services Unit ATTENTION MaDonna Young, Contract Analyst ADDRESS 601 North 7th Street Sacramento, CA 95811 TELEPHONE NUMBER EMAIL 916 843-3623 Madonna. CONTRACTOR Cit of Carlsbad NAME Jason Kennedy Facilit Center TELEPH 760-931-2236 Jason.kenned carlsbadca. ov CONTRACTOR Cit of Carlsbad ATTENTION Janean Hawne , Contract Administration ADDRESS 1635 Faraday Ave. Carlsbad, CA 92008 TELEPHONE NUMBER EMAIL 760-931 -2236 Janean.hawne carlsbadca. ov DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 E:X:HIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment Department of California Highway Patrol and City of Carlsbad Agreement # 21 C686003 Exhibit B Page 1 of 1 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 of this Agreement. B. Invoices shall include the Agreement Number and shall be submitted not more frequently than monthly in arrears to the mailing address below: CHP Rainbow CVEF 1796 Rainbow Valley Blvd. West Fallbrook, CA 92028 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 of this 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 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. Rate Schedule CHP agrees to pay Contractor in arrears for actual services rendered at the facility fees identified in Attachment 1, Exhibit C. DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 GTC 04/2017 GENERAL TERMS AND CONDITIONS EXl:IIBIT C Department of California Highway Patrol And City of Carlsbad Agreement #21 C686003 Exhibit C Page 1 of 4 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 amendn,ent 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 of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General ServiGes, 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 of the State to audit records and interview staff in any subcontract related to performance of this 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 •.vork services; materials, or supplies in connection v,ith the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue 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. 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. DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 EXHIBITC GENERAL TERMS AND CONDITIONS Department of California Highway Patrol And City of Carlsbad Agreement #21 C686003 Exhibit C Page 2 of 4 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 iii 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 of this Agreement, Contractor and its subcontractors shail not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age., sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the 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 of the State of California. DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 EXHIBIT C GENERAL TERMS AND CONDITIONS Department of California Highway Patrol And City of Carlsbad Agreement #21 C686003 Exhibit C 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 of the 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 if the 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 of the Clayton Act (15 U.S.C. Sec. 15) or under the 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 of the 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 under this part if the 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. DocuSign Envelope ID: 1AA204E0-F97D-4BCE-A10C-0CC1E3EDC4E5 EXHIBff_C GENERAL TERMS AND CONDITIONS Department of California Highway Patrol And City of Carlsbad Agreement #21 C686003 Exhibit C 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 under the Contract; (2) the name and address of the 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 of the Business and Professions Code. (PCC 10344(e).) l:iS Governor Gavin Newsom July 01, 2021 STATE OF CALIFORNIA PUBLIC LIABILITY A ND WORKERS' COMPENSATION INSURANCE FISCAL YEAR JULY 1, 2021 / JUNE 30, 2022 To 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 clai_ms 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: httos://www.dqs.ca.gov/OR IM/Services/Page-Content/Office-of-Risk-and-Insurance- Management-Services-Li st-Folder/File-a-Governm ent-Claim. 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: https://www.dqs.ca.gov/ORIM/Services/Page- Co ntent/Office-of-Ri sk-an d-I nsu ran ce-Management-Services-List-Folder /File-a- Govern ment-Claim. 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. Sincerely, / ✓ ___/' -;; ~/ ~ -, -----------~ ( ----Christopher Carroll Associate Risk Analyst Insurance Services Unit Phone: (916) 376-5279 Fax: (916) 376-5275 christopher.carroll@dgs.ca.gov To request updated letter of self-insurance, please submit to riskmanagement@dgs.ca. gov Office of Risk and Insurance Management ! State of California I Government Operations Agency 707 3rd Street, 1st Floor I West Sacramento, CA 95605 1 t 916.376.5300 .f 916.376.5277 REV 07/27116