HomeMy WebLinkAboutCalifornia Department of Consumer Affairs Division of Investigation; 2022-10-31; USE22-1764FACDocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
STATE OF CALIFORNIA· DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT -AMENDMENT
SCO ID: 1111-77893-A 1
STO 213A (Rev. 4/2020)
0 CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED
AGREEMENT NUMBER
PAGES 0000000000000077893
AMENDMENT NUMBER
1
1. This Agreement Is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Department of Consumer Affairs, Division of Investigation
CONTRACTOR NAME
City of Carlsbad Safety Training Center
2. The term of this Agreement is:
START DATE
July 1, 2022 (or upon approval)
THROUGH ENO DATE
June 30, 2025
3. The maximum amount of this Agreement after this Amendment is:
$65,510.00 (sixty-five thousand five hundred ten dollars and no cents.}
Purchasing Authority Number
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and
incorporated herein:
The Contract amount shall be amended by deleting reference to $58,346.00 and inserting $65,510.00 (an increase of $7,164.00) in place thereof. Said
increase shall be computed in accordance with Exhibit B. I
EXHIBIT 8, BUDGET DETAIL AND PAYMENT PROVISIONS are hereby replaced in accordance with Exhibit 8.1
Exhibit C, General Terms and Conditions are replaced in accordance with Exhibit C.1
All changes are shown in Bold
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTFD BY THE PARTIES HERETO.
CONTRACTOR
CONTRA NAME (if other than an individual, state whether a corporation, partnership, etc.}
City o Carls ad Safety Training Center
SINESS ADDRESS
PRIN EASON SIGNING
Seo
QTY
Carlsbad
TITLE
City Manager
DATE SIGNED
z.,
STATE
CA
ZIP
92010
Page t of 2
Division of Investigation
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
:, I A It Ut LALltUKNIA -Utt-AK I MtN I Ut-\.JtNtKAL :>tKVILt :, SCO ID: 1111 ;77893-A 1
STANDARD AGREEMENT -AMENDMENT
STD 213A (Rev. 4/2020)
0 CHECI< HERE IF ADDITIONAL PAGES ARE ATTACHED
CONTRACTING AGENCY NAME
Department of Consumer Affairs,
CONTRACTING AGENCY ADDRESS
1625 N, Market Blvd., Suite S· 103
PRINTED NAME OF PERSON SIGNING
Laura Sober
C~~AJ/IZE
SIGNATURE
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
AGREEMENT NUMBER
PAGES 0000000000000077893
STATE OF CALIFORNIA
APPROVED
OCT 7-2022
DB:ji
OFFICE OF LEGAL SERVICES
DEPT. OF GENERAL SERVICES
AMENDMENT NUMBER Purchasing Authority Number
1
OTY STATE ZIP
Sacramento CA 95834
TITLE
Business Services Officer
DATE SIGNED
Cf, 30,UJ7--2-
EXEMPTION (If Applicable)
Page2 of2
Department of Consumer Affairs, Division of Investigation and City of Carlsbad Safety Training Center Agreement Number: 0000000000000000000077893 Exhibit A (page 1 of 1) EXHIBIT A
SCOPE OF WORK
1. The Contractor shall provide the Department of Consumer Affairs (DCA), Division of Investigation (DOI) with
use of training facilities for defensive tactics, firearms, and other law enforcement related training services as
described herein.
2.The services shall be performed at City of Carlsbad Safety Training Center located at 5750 Orion Street,
Carlsbad, CA 92010.
3. The services shall be held during normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except
State Holidays. The DOI will schedule range times in advance as range availability permits.
4. The project coordinators during the term of this agreement will be:
Department of Consumer Affairs City of Carlsbad Division of Investigation Safety Training Center
Name: Benjamin Enbysk Name: Jason Kennedy Phone: (916) 515-5131 Phone: (442) 339-5132 Fax: (916) 928-2201 Fax: (760) 804-1583
Email: benjamin.enbysk@dca.ca.gov Email: jason.kennedy@carlsbadca.gov
Direct all agreement inquiries to:
Department of Consumers Affairs City of Carlsbad Contracts Unit Property & Environmental Management Attention: Sean O’Neal Name: Jason Kennedy Address: 1625 N. Market Blvd., S103 Address: 5750 Orion Street Sacramento, CA 95814 Carlsbad, CA 92010 Phone: (916) 574-7292 Phone: (442) 339-5132Fax: (916) 574-8656 Fax: (760)804-1583Email: sean.p.oneal@dca.ca.gov Email: jason.kennedy@carlsbadca.gov
5.The Contractor shall provide temporary use of the following facilities for training purposes only: 25-yard Range,
Defensive Tactical (DTAC), Commercial/Streetscape, Classroom (Seats 48), and Use of Force Simulator.
6.The DOI shall provide a qualified instructor, qualifying targets, ammunition and weapons.
7.This agreement may be amended by written mutual consent of the parties hereto.
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
31st 22October
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and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893
Exhibit A, Attachment 1 (page 1 of 11)
USE22-1764FAC
ATTACHMENT 1
AGREEMENT FOR USE OF THE CARLSBAD SAFETY TRAINING CENTER (STC}
BETWEEN
THE CITY OF CARLSBAD AND
CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS DIVISION OF INVESTIGATION
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
California Department of Consumer Affairs Division of Investigation with its principal place of
business at 1747 North Market Boulevard, Suite 265, Sacramento, California 95834 ("Agency").
City and Agency are sometimes individually referred to as "Party" and collectively as "Parties" in
this Agreement.
2. RECITALS
2.1 Agency desires to use certain City facilities located at 5750 Orion Street in the City
of Carlsbad, California, known as the Carlsbad Safety Training Center ("STC Facilities"); and
2.2 Agency desires to use the STC Facilities for the purposes of conducting law
enforcement training activities on a recurring basis as agreed between the Parties (Training
Events").
2.3 City is willing to allow the Agency to use the STC Facilities pursuant to the terms
and conditions set forth below.
3. TERMS AND CONDITIONS
3.1 STC Facilities. City agrees to allow Agency to use the STC Facilities pursuant to
this Agreement including the conditions, requirements, and fees as described in Exhibit "A",
Exhibit "B", Exhibit "C", and applicable STC Standard Operating Procedures (SOP), as may be
amended from time to time by the City at its sole and absolute discretion, all as incorporated
herein by this reference. The STC Facilities are subject to the needs of the City and as such the
Agency's use of STC Facilities may be cancelled by the City at any time. In the event City
determines, in its sole and absolute discretion, that the STC Facilities are needed for any City
purposes, the Agency shall immediately vacate the STC Facilities upon notice by the City. It will
also be understood that the STC Facilities will be made available on an "as is" basis.
3.2 Training Events. Agency represents and warrants that all attendees, participants,
students, observers, instructors and any other persons brought to the STC Facilities by the
Agency ("Agency Invitees") are qualified to participate in the Training Events and use of the STC
Facilities. The City retains the discretion to terminate this Agreement and requires all Agency
Invitees to immediately vacate the STC Facilities if the Training Events or anyone's participation
in the Training Events poses any kind of threat or liability to the City, the public, Agency Invitees
City Attorney Approved Version 2/11/14
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F uepartment ot t.,;onsumer AttaIrs, uIvIsIon ot InvestIgatIon
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893
Exhibit A, Attachment 1 (page 2 of 11)
USE22-1764FAC
or anyone else. Agency Invitees shall not be considered an employee or agent of City for any
purpose related to the Training Events.
3.3 Release of Liability/ Assumption of Risk. In consideration of the City's Agreement
to allow the Agency to use the STC Facilities, the Agency, on behalf of itself and its 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 MA T;~R}'. • /
ctf:uµa ~
Signature of Agency Representative
Laura Sober
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
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DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F uepartment OT L,onsumer Arra,rs, u1v1s1on OT mvesugauon
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893
Exhibit A, Attachment 1 (page 3 of 11}
USE22-1764FAC
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.
3.6 Insurance. Agency shall, at its sole expense, procure and maintain for the duration
of its obligations under this Agreement insurance against claims for injuries to persons or
damages to property which may arise from or be in connection with the STC Facilities and the
Training Events or activities conducted by the Agency, its elected officials, officers, employees,
contractors, agents, volunteers, students, and Agency Invitees. The insurance shall take the form
of a commercial general liability policy or approved self-funding agreement, to include bodily
injury, personal injury, and property damage coverage, written on an occurrence basis with a
company reasonably acceptable to the City, in an amount not less than Two Million Dollars
($2,000,000) to cover any activities performed by any person under the permission granted herein
and any damage or loss suffered or incurred by the City, its elected officials, officers, employees,
contractors,· agents, and volunteers resulting from such activity. The insurance will be obtained
from an insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII" OR with
a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with
a rating in the latest Best's Key Rating Guide of at least "A:X". Agency shall maintain Workers
Compensation coverage in the statutorily required amounts, if applicable. Agency shall require
its insurer to waive all rights of subrogation against City, its elected officials, officers, employees,
contractors, agents, and volunteers, except for any liability resulting from the willful misconduct
or grossly negligent acts of City. The Agency will provide evidence of such insurance coverage
to City's satisfaction prior to initiating the Training Events. The Agency shall cause all such
policies to be endorsed to add the City, its elected officials, officers, employees, contractors,
agents, and volunteers as Additional lnsured's. Agency's self-funded programs will be required to
provide evidence that meets City's requirements as determined at the sole and absolute discretion
of the City.
3.7 Governmental Approvals. Agency shall or has obtained all necessary and
applicable federal, state and local approvals, certifications, and permits to conduct the Training
Events prior to use of STC Facilities. City reserves the right to require Agency to provide proof
regarding these approvals, certifications, and permits, if applicable.
3.8 Scheduling of Facility/ Cancellations. Agency may schedule use of the City's
Facilities on an "as available", "first come first served" basis by contacting the City's Facility
Manager. In the event Agency is unable to use its allotted time(s), it shall, contact the City's
Facility Manager within ten (10) business days. Agency will be invoiced for hours scheduled not
actual hours used if sufficient notice for cancellation is not provided.
3.9 Term of Agreement. The term of this Agreement shall commence upon execution
of this Agreement by the parties, or upon approval from the Department of General Services,
whichever occurs later, and shall terminate three (3) years from the date of commencement. It is
also understood that the City may terminate this Agreement at any time for any or no reason.
3.1 0 Payments for Use of STC Facilities. City shall invoice Agency on an hourly fee
based upon Agency scheduling and use of STC Facilities. All STC Facility use fees shall be in
accordance with the STC Facility fee table which may be amended by the City from time to time.
Agency shall remit payment in full to the attention of City of Carlsbad, 1635 Faraday Avenue,
Carlsbad, CA 92008, within thirty days {30) days of receipt of such invoice. Late charges on
unpaid balances shall be computed and paid in accordance with the Prompt Payment Act
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DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F UC!JCII LI I ICI IL Ul \JUI 1::,u1 I ICI /"\IICIII ::., u1v1::.1u1 I UI II 1vc::.L1HCILIUI I
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893
Exhibit A, Attachment 1 (page 4 of 11)
USE22-1764FAC
(Government Code sections 927 et seq.). Agency shall be liable for the payment at the full cost
of the use of the STC Facilities for the hours scheduled for Training Events whether or not Agency
subsequently uses the STC Facilities or not.
3.11 Accidents/ Damage Investigations. The Agency Safety Officer, as such person is
described in the STC Facilities Standard Operating Procedures (SOP), shall immediately report
any injury or non-injury accidents, equipment damage and/or negligent firearm discharges
immediately to the City Facility Manager. The parties agree to fully and promptly cooperate in the
investigations of injury or non-injury accidents, equipment damage and/or negligent firearm
discharges arising from Agency's use of the STC Facilities. The City's Facility Manager will
coordinate such investigations for the purpose of determining cause, responsibility and any
physical or operational modifications or improvements deemed necessary to improve facility
safety. In the event damage to the STC Facility requires repair and/or replacement, City shall
affect such repair and present to the Agency an invoice for the cost of the repairs/replacement
plus 5% (five percent) for City administrative costs. Agency shall remit payment in full to the
attention of City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008, within thirty days (30)
days of receipt of such invoice. A late charge equivalent to 5% of the unpaid balance shall be
assessed on all accounts ten (10) or more days past due.
3.12 Facility Inspections/ Cleanup. The parties will conduct a joint inspection of STC
Facilities before and after use. All damages will be annotated on inspection sheets provided by
the City's Facility Manager to Agency. Agency shall be responsible for general cleanup of the
STC Facilities following its use of the same. For purposes of this Agreement, "cleanup" for STC
Facilities will be described in further detail in the STC Facilities SOP.
3.13 Notices. Except as otherwise expressly provided by law, any and all notices or
other communications required or permitted by this Agreement to be served on or given to either
party to this Agreement shall be in writing and shall be deemed duly served or given when
personally delivered to the party to whom it is directed or to any managing or executive officer or
director of that party in lieu of personal service when deposited in the United States mail, first
class postage prepaid, addressed as follows:
If to Agency:
California Department of Consumer Affairs
Division of Investigation
1747 North Market Boulevard, Suite 265
Sacramento, California 95834
If to City:
City of Carlsbad
Attn: Janean Hawney
Contract Administration
1635 Faraday Avenue
Carlsbad, CA 92008
3.14 Survival. Agency's obligations to release, indemnify, defend, and hold harmless
the City as set forth in this Agreement, shall survive expiration or termination of the term of this
Agreement and shall remain in effect until there is no risk to the City of any liability for any claims
or losses due to the use of the STC Facilities for the Training Events.
3.15 Interpretation. The provisions of this Agreement are intended by the parties to be
interpreted and construed to provide the fullest protection possible under the law to the City.
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and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893
Exhibit A, Attachment 1 (page 5 of 11)
USE22-1764FAC
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.
3.17 Entire Agreement. This written document contains the entire agreement of the
parties and supersedes any prior oral or written statements or agreements between the parties.
No supplement, modification, or amendment of this Agreement shall be binding unle$s 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, estoppal 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]
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4.AUTHORITY
Department of Consumer Affairs, Division of Investigation and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893
Exhibit A, Attachment 1 (page 6 of 11) USE22-1764FAC
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: Attest: ____________ _
Scott Chadwick, City Manager for Faviola Medina
City Clerk Services Manager
::7!bwMv iJclwJ Signature
By: Signature
Laura Sober
Name (Print) Name (Print)
Business Services Officer
Title (Print) Title (Print)
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
By: -------------
City Attorney Approved Version 2/11/14 6
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
J~ R... --WV,,~
USE22-1764FAC
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EXHIBIT “A”
SAFETY TRAINING CENTER FACILITY DESCRIPTION,
CAPABILITIES AND LOCATION
1.The Carlsbad Safety Training Center (STC) is a four-acre facility that provides training
resources which can replicate emergency scenarios and high-risk training events 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
Department of Consumer Affairs, Division of Investigationand City of Carlsbad Safety Training Center Agreement Number: 0000000000000000000077893Exhibit A, Attachment 1(page 7 of 11)
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F Department of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893
Exhibit A, Attachment 1 (page 8 of 11)
EXHIBIT "B"
PARTICIPANT RELEASE
(HOLD HARMLESS CERTIFICATION)
USE22-1764FAC
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 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 AGREE, in consideration for the City
allowing me to use or observe the use of STC Facilities or to participate in the Training Events,
that I, my personal representatives, heirs, next-of-kin and assigns (collectively the "Releasers")
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 Releasers, 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 Releasers any and all unknown claims. I understand and agree that the released
claims include not only claims presently known to me and/or the Releasers, but also include all
known and unknown, suspected and unsuspected, claims, rights, demands, actions, obligations,
liabilities, and causes of action of every kind and character that would otherwise come within the
scope of the claims released herein. I understand that I and/or the Releasers may hereafter
discover facts different from what I/they now believe to be true, which if known, could have
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DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F Department of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893
Exhibit A, Attachment 1 (page 9 of 11)
USE22-1764FAC
materially affected the terms of this release, waiver, indemnity and hold harmless certification, but
we (the Releasors and I) nevertheless waive and relinquish any claims or rights based on such
different or additional facts. With respect to the released claims, I knowingly and voluntarily waive
and relinquish any and all rights or benefits that I and/or the Releasors may now have, or in the
future may have, under the terms of Section 1542 of the California Civil Code, which provides as
follows:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor. 0
___ (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 Attomey Approved Version 2/11/14
9
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F Ut:lf.lcll lll lt::lll UI \.,UU:SUlllt:ll l•\llclll:S, UIVl:SIUII UI II IVt:l:Sll!:fclllUII
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893
Exhibit A, Attachment 1 (page 1 0 of 11)
USE22-1764FAC
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
Date
Agency/Company Name
City Attorney Approved Version 2/11 /14
10
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
EXHIBIT "C"
Fiscal Year 2022-2023
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 Recovery -Hourly
Shooting Range -Hourly
Shooting Range Hazardous Waste Disposal Fees
*Fees are subject to change by City Council adopted resolution.
**Fees effective Sep. 1, 2022.
USE22-1764FAC
$1,263
$632
$1,419
$742
$600
$343
$664.
$332
$476
$277
$687
$343
$687
$343
$500
$250
$400
$200
$167
$122
$55
$128
$217
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
Department of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893 Al
Exhibit 8.1 (page 1 of2)
EXHIBITB.1
BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT: For services satisfactorily rendered and upon receipt and
approval of the invoices, the State agrees to compensate the Contractor for expenditures incurred
based on actual usage in accordance with the rates specified herein.
Itemized invoices shall include the Agreement Number and be submitted, in triplicate, not more
frequently than monthly in arrears to:
Department of Consumer Affairs
Division of Investigation
Agreement #: 0000000000000000000077893
Attention: Jessie Pagan
1747 N Market Blvd., Suite 265
Sacramento, CA 95834
2. BUDGET CONTINGENCY CLAUSE: It is mutually agreed that if the Budget Act of the
current year and/or any subsequent years covered under this Agreement does not appropriate
sufficient funds for the program, this Agreement shall be of no further force and effect. In this
event, the State shall have no liability to pay any funds whatsoever to the Contractor or to
furnish any other considerations under this Agreement and the Contractor shall not be
obligated to perform any provisions of this Agreement.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, the State shall have the option to either: cancel this Agreement with no liability
occurring to the State or offer an Agreement Amendment to the Contractor to reflect the
reduced amount.
3. PROMPT PAYMENT CLAUSE: Payment will be made in accordance with and within the time
specified in Government Code, Chapter 4.5 ( commencing with Section 927).
4. TAXES: The State of California is exempt from Federal Excise Taxes, and no payment will
be made for any taxes levied on employees' wages. The State will pay for any applicable
State of California or local sales or use taxes on the services rendered or equipment or
parts supplied pursuant to this agreement. California may pay any applicable sales or use
tax imposed by another state.
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
Department of Consumer Affairs, Division of Investigation
and City of Carlsbad Safety Training Center
Agreement Number: 0000000000000000000077893 Al
Exhibit 8.1 (page 2 of2)
5. COST BREAKDOWN: Multiple Fiscal Years
FY 2022-23
(7/1/22-6/30/23)
Facilities
Ranee (25 or 100 Yard)
DTAC (PriSim or Ranee)
FY 2023/24
(7 /1/23-6/30/24)
Facilities
Ranee (25 or 100 Yard)
DTAC (PriSim or Ran2e)
FY 2024-25
(7 /1/24-6/30/25)
Facilities
Ranee (25 or 100 Yard)
DTAC (PriSim or Ranee)
Daily Fee Total Days Total
$1,263.00 12 $15,156.00
$500.00 10 $5,000.00
Current Fees as of Sep. 1, 2022
Grand Total: $20,156.00
Daily Fee Total Days Total
$1,389.00 12 $16.668.00
$510.00 10 $5,100.00
2% Price Increase Allowance Included
Grand Total: $21,768.00
Daily Fee Total Days Total
$1,528.00 12 $18,336.00
$525.00 10 $5,250.00
3% Price Increase Allowance Included
Grand Total: $23,586.00
Total Contract Amount: $ 652510.00
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
General Terms and Conditions (GTC 04/2017)
EXHIBIT C.1
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 of the 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 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
~7ate, 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 111ork services, materials, or
supplies in connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation 1Nho 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.
Deletions are shown with strikethrough
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 of this Agreement,
Contractor and its subcontractors shall 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.
Deletions are shown with strikethrough
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
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.
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. Deletions are shown with strikethrough
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
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.
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.)
Deletions are shown with strikethrough
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
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).)
Deletions are shown with strikethrough
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
Department of Consumer Affairs, Division of Investigation and City of Carlsbad Safety Training Center Agreement Number: 0000000000000000000077893 Exhibit D (page 1 of 1) EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1.LIABILITY FOR NONCONFORMING WORK: The Contractor will be fully responsible for ensuring
that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the
Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If
the nonconformity is discovered after the deadline for the completion of project, the State, in its sole
discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible
for reimbursing the State for any additional expenses incurred to cure such defects.
2.SETTLEMENT OF DISPUTES: In the event of a dispute, Contractor shall file a “Notice of Dispute” with
Department of Consumer Affairs, Director or his/her designee within ten (10) days of discovery of the
problem. Within ten (10) days, the Director or his/her designee shall meet with the Contractor and Project
Manager for purposes of resolving the dispute. The decision of the Director or his/her designee shall be
final.
In the event of a dispute, the language contained within this agreement shall prevail over any other language including that of the bid proposal.
3.AGENCY LIABILITY: The Contractor warrants by execution of this Agreement, that no person or selling
agency has been employed or retained to solicit or secure this Agreement upon agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the State shall, in addition to other remedies
provided by law, have the right to annul this Agreement without liability, paying only for the value of the
work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage,
or contingent fee.
4.IMPRACTICABILITY OF PERFORMANCE: This Contract may be suspended or cancelled, without
notice at the option of the Contractor, if the Contractor’s or State’s premises or equipment is destroyed by
fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the
event the Contractor is unable to render service as a result of any action by any governmental authority.
5.LICENSES AND PERMITS: The Contractor shall be an individual or firm licensed to do business in
California and shall obtain at his/her expense all license(s) and permit(s) required by law for
accomplishing any work required in connection with this Agreement.
In the event the Contractor fails to keep in effect at all times all required license(s) and permit (s), the Statemay, in addition to other remedies it may have, terminate this Contract upon occurrence of such event.
6.HEALTH AND SAFETY: Contractors are required to, at their own expense, comply with all applicable health andsafety laws and regulations. Upon notice, Contractors are also required to comply with the state agency’s specifichealth and safety requirements and policies. Contractors agree to include in any subcontract related to performanceof this Agreement, a requirement that the subcontractor comply with all applicable health and safety laws and
regulations, and upon notice, the state agency’s specific health and safety requirements and policies.
USE22-1764FAC
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
Department of Consumer Affairs, Division of Investigation and City of Carlsbad Safety Training Center Agreement Number: 0000000000000000000077893 Exhibit E (page 1 of 2) EXHIBIT E
ADDITIONAL TERMS AND CONDITIONS
1.RIGHT TO TERMINATE: The State reserves the right to terminate this agreement subject to 30 days
written notice to the Contractor.
However, the agreement can be immediately terminated for cause. The term “for cause” shall meanthat the Contractor fails to meet the terms, conditions, and/or responsibilities of the agreement. In thisinstance, the agreement termination shall be effective as of the date indicated on the State’snotification to the Contractor.
2.CONFIDENTIALITY OF DATA: No reports, information, inventions, improvements, discoveries, or
data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be
released, published, or made available to any person (except to the State) without prior written
approval from the State.
3.DISABLED VETERAN BUSINESS ENTERPRISE (DVBE): The State has determined that the
DVBE participation goals for this Agreement are exempt. However, the Contractor may use DVBE
and report the participation to the State.
4.WORKERS' COMPENSATION AND EMPLOYERS LIABILITY: The Contractor shall maintain
statutory worker's compensation and employer's liability coverage for all its employees who will be
engaged in the performance of this contract. Employer's liability limits of $1,000,000 are required.
5.INSURANCE REQUIREMENTS:
The Contractor agrees that the liability insurance herein provided for shall be in effect at all timesduring the term of this Contract. In the event said insurance coverage expires at any time during the
term of this Contract, Contractor agrees to provide at least 30 days prior to said expiration date, a newcertificate of insurance evidencing insurance coverage as provided for herein for not less than oneyear. New certificates of insurance are subject to the approval of the Department of General Services,
and Contractor agrees that no work shall be performed prior to approval. In the event the Contractorfails to keep in effect at all times insurance coverage as herein provided, the State may, in addition toany other remedies, terminate this Contract.
General Provisions
A.Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires
during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to
the expiration of this insurance. Any new insurance must still comply with the original terms of the contract.
B.Policy Cancellation or Termination & Notice of Non-Renewal – Contractor and/or Permittee is responsible to
notify the State within five business days before the effective date of any cancellation, non-renewal, or
material change that affects required insurance coverage. In the event Contractor and/or Permittee fails to
keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it
may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this
Contract.
C.Deductible – Contractor and/or Permittee is responsible for any deductible or self-insured retention contained
within their insurance program.
USE22-1764FAC
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
Department of Consumer Affairs, Division of Investigation and City of Carlsbad Safety Training Center Agreement Number: 0000000000000000000077893 Exhibit E (page 2 of 2)
D.Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of
Risk and Insurance Management. If the Contractor and/or Permittee is self-insured for a portion or all of its
insurance, review of financial information including a letter of credit may be required.
E.Endorsements – Any required endorsements requested by the State must be physically attached to all
requested certificates of insurance and not substituted by referring to such coverage on the certificate of
insurance.
F.Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor and/or Permittee’s
obligations under the contract.
G.Available Coverages/Limits - All coverage and limits available to the contractor shall also be available and
applicable to the State, regardless of the minimum limits required in Section 2. Insurance Requirements
below.
H.Subcontractors - In the case of Contractor and/or Permittee’s utilization of subcontractors to complete the
contracted scope of work, contractor and/or Permittee shall include all subcontractors as insured’s under
Contractor and/or Permittee’s insurance or supply evidence of insurance to The State equal to policies,
coverages and limits required of Contractor and/or Permittee.
I.Premiums – The contractor/Permittee shall be responsible for any premium, deductible or self-insured
retention in connection with any Required Insurance.
J.Required Insurance - By requiring the insurance herein, the Department does not represent that the insurance
coverage and limits will necessarily be adequate to protect the Contractor/Permittee and such coverage and
limits shall not be deemed as a limitation on the contractor’s/Permittee’s liability under the indemnities
granted to the Department in this Contract.
K.Insurance Certificate - Contractor shall provide an insurance certificate evidencing the required insurance
coverage before work commences under this Agreement.
Insurance RequirementsA. Commercial General LiabilityContractor shall maintain general liability on an occurrence form with limits not less than $2,000,000 peroccurrence and $4,000,000 aggregate for bodily injury and property damage liability. The policy shall includecoverage for liabilities arising out of premises, operations, independent contractors, products, completed
operations, personal and advertising injury, and liability assumed under an insured Agreement. This insuranceshall apply separately to each insured against which claim is made, or suit is brought subject to theContractor's limit of liability. The policy must name The State of California, its officers, agents, andemployees as additional insured, but only with respect to work performed under the contract.
B. Automobile LiabilityContractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limitper accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and
non-owned motor vehicles. The policy must name The State of California, its officers, agents, and employeesas additional insured, but only with respect to work performed under the contract.
C. Workers’ Compensation and Employer’s LiabilityContractor shall maintain statutory worker’s compensation and employer’s liability coverage for all itsemployees who will be engaged in the performance of the Contract. In addition, employer’s liability limits of$1,000,000 are required. By signing this contract, Contractor acknowledges compliance with theseregulations. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of Californiamust be attached to certificate.
6. RULES/REGULATIONS: The contractor shall observe and comply with all Federal, State, City, and
County laws, rules or regulations affecting the work. Any work done that does not comply with any
laws, rules, or regulations will be remedied at the Contractor’s expense.
USE22-1764FAC
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
Governor Gavin Newsom
To request updated letter of self-insurance, please submit to riskmanagement@dgs.ca.gov
Office of Risk and Insurance Management | State of California | Government Operations Agency
707 3rd Street, 1st Floor | West Sacramento, CA 95605 | t 916.376.5300 f 916.376.5277 REV 07/27/16
July 01, 2022
STATE OF CALIFORNIA
PUBLIC LIABILITY AND WORKERS’ COMPENSATION INSURANCE
FISCAL YEAR JULY 1, 2022 / JUNE 30, 2023
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 claims against the State of California based on tort liability should be
presented as a government claim to the Government Claims Program, P.O. Box 989052 MS
414, West Sacramento, CA 95798-9052. (Gov. Code section 900, et. seq.) Internet link:
https://www.dgs.ca.gov/ORIM/Services/Page-Content/Office-of-Risk-and- Insurance-
Management-Services-List-Folder/File-a-Government-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.dgs.ca.gov/ORIM/Services/Page-
Content/Office-of-Risk-and-Insurance- Management-Services-List-Folder/File-a-
Government-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
DocuSign Envelope ID: 96FC6306-8B82-4247-A290-52CB400E5A9F
iJGS CALIFORNIA DEPARTMENT OF
GENERAL SERVICES